Senate (Legislative Day of Wednesday, July 9, 2008)

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, JULY 10, 2008 No. 113 Senate (Legislative day of Wednesday, July 9, 2008)

The Senate met at 9:30 a.m., on the to the Senate from the President pro As we could tell from her prayer, she expiration of the recess, and was called tempore (Mr. BYRD). is a loving, giving, caring, patient per- to order by the Honorable MARK L. The legislative clerk read the fol- son. She is one who has reminded me, PRYOR, a Senator from the State of Ar- lowing letter: and I think reminds her congregants in kansas. U.S. SENATE, her own home church in Marshalltown, PRESIDENT PRO TEMPORE, PRAYER that God wants us to do two things—if Washington, DC, July 10, 2008. nothing else, to do two things: To love The PRESIDING OFFICER. Today’s To the Senate: opening prayer will be offered by guest Under the provisions of rule 1, paragraph 3, the Lord thy God with all thy heart, Chaplain Rev. Dr. Patricia Bryant Har- of the Standing Rules of the Senate, I hereby soul, and mind and to love thy neigh- ris from Marshalltown United Meth- appoint the Honorable MARK L. PRYOR, a bor as thyself. Senator from the State of Arkansas, to per- odist Church, Wilmington, DE. Barry Black, our Chaplain, often- The guest Chaplain offered the fol- form the duties of the Chair. times reminds us in the Senate—as lowing prayer: ROBERT C. BYRD, Let us pray. President pro tempore. Senators we ask how do we use our Our most gracious God, You, who are Mr. PRYOR thereupon assumed the faith to help inform what we do as Sen- the creator of all humankind, You, who chair as Acting President pro tempore. ators, and he always takes us back to understand all the complexities that The ACTING PRESIDENT pro tem- that second great commandment, and we encounter in our everyday lives, pore. The Senator from Delaware is so does Reverend Harris, that we have You, who understand the challenges recognized. an obligation to love our neighbor as faced by the women and the men in f ourselves. this Chamber as they care for Your THE GUEST CHAPLAIN She also reminds me and reminds people throughout this Nation and Mr. CARPER. Mr. President, Senator around the world—God, hear our prayer those who worship at her church that BIDEN and I are delighted to welcome we have an obligation to those who are on this morning. to the Senate today the Rev. Dr. Patri- If it is wisdom that is needed, give hungry—when they are hungry we have the wisdom of Solomon. Where there cia Bryant Harris, who pastors at a church not far from where Senator an obligation to feed them; when they may be lack of patience, give Senators are naked we have an obligation to the ability to tolerate with a heart of BIDEN and I live in northern Delaware. In her prayer this morning, she clothe them; when they are thirsty we compassion. Should there be disagree- called on God to grant us wisdom. It is have an obligation to give them to ment, send Your Holy Spirit with an not infrequently, when our Senators drink; when they are sick and in prison attitude of peace. And, above all meet with our own Senate Chaplain, things, may the result of all the works we have an obligation, regardless of within this place free Your people, free Barry Black, that he, too, prays for us what our faith is, to visit them. many nations from hunger, from grief, for wisdom and encourages us to ask Those are wonderful lessons, not just God for wisdom as we deliberate the from pain. for the people in her congregations issues that are before us. As Senator May all the works of justice and love over the years; not just for those who bring glory to Your Holy Name. This is BIDEN and the Presiding Officer know, the issues before us this week have worship in our State but wonderful les- our prayer in the Name of Jesus Christ. sons for us in the Senate. Amen. been difficult and we needed all the f wisdom we could garner. It is with great pride that Senator I have been privileged to know Rev- BIDEN and I welcome Reverend Harris PLEDGE OF ALLEGIANCE erend Harris for close to two decades. today to help get us started on the The Honorable MARK L. PRYOR led She has had a career that included re- right foot and to do not just the Sen- the Pledge of Allegiance, as follows: markable accomplishments in the priate’s business, not just the business of I pledge allegiance to the Flag of the vate sector and then, somewhere in the United States of America, and to the Repub- our country but the Lord’s business as 1990s, she decided she felt a calling well. lic for which it stands, one nation under God, from God to enter the ministry. She indivisible, with liberty and justice for all. has done that as a Methodist pastor in With that having been said, I know f our State and a series of assignments— Senator BIDEN is here and he wants to APPOINTMENT OF ACTING actually an assignment that led her comment. I am delighted to welcome PRESIDENT PRO TEMPORE down to Salisbury, MD, and the Del- Senator Harris—Senator Harris? There The PRESIDING OFFICER. The marva Peninsula, where she oversaw a was a Senator Harris, there may be an- clerk will please read a communication great number of churches. other one someday too—I am delighted

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

S6511

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I am sorry about that, Mr. number of jobs I can think of. league on not only his comments but President. I compliment my colleague for invit- inviting Dr. Harris to be here and in- We are going to vote in a short time ing the Rev. Dr. Harris to open the troducing her to all of you and to those on cloture, a final cloture vote on this Senate this morning. As you could tell who are watching C–SPAN this morn- housing bill. It is so important we get by Senator CARPER’s reference to Rev- ing, watching her. this done as quickly as possible. I am erend Harris, Senator CARPER is a man I yield the floor. disappointed in that Senator SHELBY of deep faith, as I know the Chair is f and Senator DODD, who worked very and as I am. We share different faiths, hard, had a little tight managers’ pack- RECOGNITION OF THE MAJORITY but we share a common set of values, age that would have made it so much LEADER as almost all the confessional faiths do, better to take to the House, but I have not just the Christian faith which we The ACTING PRESIDENT pro tem- been told Senator DEMINT is objecting share. I am a Roman Catholic, my pore. The majority leader is recog- to that. As we know, in the Senate, one friend is a Presbyterian, and Dr. Harris nized. person can hold up things, and it is my is a Methodist. f understanding he is going to hold up The thing about Dr. Harris—and I SCHEDULE things. will not take a lot of the Senate’s The reason it is important we do this time—the thing about Dr. Harris that Mr. REID. Mr. President, following and move forward on this legislation, has impressed me from the many the remarks of Senator MCCONNELL Mr. President, is that in the news years—my Lord, I think it may be and myself, there will be an hour for today, the Associated Press reports more than a couple decades. I have debate prior to a cloture vote on the that the number of homeowners stung known her a long time. She was an in- motion to disagree in the House by the rout in the U.S. housing market credibly well-respected figure in my amendments with respect to H.R. 3221, jumped as foreclosure filings grew by State before she went to the ministry— the housing reform legislation. Sen- more than 50 percent compared to June before. Since then, she has carried on ators should expect a cloture vote to a year ago. that same path of excellence that she begin sometime around an hour from Nationwide, 252,363 homes received did prior to the ministry. But if I can now. foreclosure notices in June. That is 1 take a page from my colleague’s book Last night we reached an agreement month. Foreclosure filings increased a in referencing Dr. Harris’s opening to consider the nomination of General year ago in all but 11 States; in 39 prayer, she talked about wisdom, Petreaus and Lieutenant General States they went up. which she knows we need in abundance. Odierno at a time to be determined by The highest foreclosure rates: Cali- But she also talked about—she used me and the Republican leader. We will fornia, Arizona, Florida, Michigan, Ne- the word that, if I had to describe her, set a time to do those votes. There will vada. This is a very desperate situation would be the word I would use. She be 20 minutes of debate, equally di- we find. It is more than the people talked about tolerance. The thing that vided and controlled between the chair- whose homes are being foreclosed upon; most impresses me about the Rev. Dr. man and ranking member of the Armed it affects neighborhoods where the Harris is her literal—not figurative, Services Committee, prior to votes on homes are being foreclosed upon; it af- not rhetorical—commitment to the no- their confirmations. fects communities where the homes are tion of tolerance. Finally, last night we were unable to being foreclosed upon. It affects, of She has such an expansive view of get consent to move to global AIDS course, the lenders who do not want to human nature. She has such a wel- legislation, and therefore it neces- foreclose upon the homes. It is a loss coming—not only faith but person- sitated my filing cloture on the motion for them when they do that. It is a loss ality. to proceed to the bill. I am hopeful we for the community where the home is I think if I had a wish, if the Lord can reach some kind of agreement on a located because they lose revenues, tax came down and sat at my desk and way to proceed. revenues for that home. said: JOE, you get one wish. What is the I had a conversation on the floor So foreclosure is a lose-lose situa- one attribute you would like to per- with Senator KYL, a public conversation. I hope everyone would understand vade this Chamber? Maybe even more tion on the floor. He is hopeful and the importance of it. I hope Senator confident something can be worked than wisdom, it would be tolerance. DEMINT would reconsider holding up Tolerance is not engaging in rel- out. I hope that, in fact, is the case. As this managers’ package which has been ativity. Tolerance does not mean we I have indicated, this is one of Presi- worked on for more than 2 months now don’t have strong beliefs and strong dent Bush’s pieces of legislation that by Senators DODD and SHELBY and opinions and strong positions on faith. he is pushing. We, on this side, are other Senators. Tolerance is what not only our Chris- ready to move forward on it. We would But we are going to send it back to tian religion teaches us but Judaism like to be on something that is agreed the House today, I hope today. I also and Islam and Hinduism. It is about upon between Senators LUGAR and hope that Senators would not require tolerance. It seems to me that is the BIDEN and other people who have some the 30 hours to be used. But we will see. single most lacking element in Amer- interest in this matter. I hope that can They have that right, to use at least ican society today. be done; otherwise, we are going to part of that 30 hours postcloture. I think if you get to know her—you have a cloture vote on that tomorrow. I am glad we are moving along. I are not going to get to know her, I re- I hope we can work something out. If hope we can complete our work today. alize that is a bit of an exaggeration— not, I hope we would be allowed to pro- If not, we will complete it tomorrow I hope you get a chance to engage Rev. ceed to this legislation. As I have indi- for this week. Dr. Harris today. She exudes the no- cated to the Republican leader, if clo- tion of tolerance which equates with ture is not invoked on the motion to f her notion of equality. It gets to proceed, then that will be the end of what—I will conclude—my friend TOM that legislation for this work period. If said, the two great commandments: necessary, we will have to come back RECOGNITION OF THE MINORITY love thy God and love thy neighbor. to it in the next work period. But with LEADER This is all about loving thy neighbor. time constraints we have this work pe- The ACTING PRESIDENT pro tem- We are the single most heterogenous riod, this is our opportunity to com- pore. The Republican leader is recog- democracy in the history of mankind. plete that legislation. nized.

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There were 44 Senate Repub- of forces into Iraq, that the transition the amendment was offered by Senator licans who introduced legislation over of forces, responsibilities, and missions WYDEN, an amendment that said: Okay, 2 weeks ago which would have an im- must be managed with a steady hand. we can drill oil out of ANWR. You mediate impact on the price at the Both of these fine officers are well must use that oil in the United States. pump. prepared for their next responsibilities. All but 16 Senators said: That is abso- The Gas Price Reduction Act can be As a nation we are lucky to be able to lutely right. summed up in four simple words: Find call upon such men at this critical One of the 16 Senators who said no more, use less. The Gas Price Reduc- point in American history. was JOHN MCCAIN. I hope JOHN MCCAIN tion Act focuses on simple solutions I yield the floor. would join us in saying that the oil we The ACTING PRESIDENT pro tem- which already have support from many get offshore should be used in the pore. The majority leader. of our friends on the other side of the United States. In the past, obviously, aisle. f he has disagreed with that. I do not Many of our colleagues, Democratic ENERGY think it is fair that we drill in the ter- colleagues, have now acknowledged the ritorial waters of our country and then Mr. REID. Mr. President, my distin- ship that oil overseas. merits of allowing States to open the guished colleague is right, gas prices Outer Continental Shelf for deep sea We also have to deal with specula- are a tremendous issue. We in Nevada tion. The Republican leader mentioned oil and gas exploration. Our bill was feel it very deeply. The average price of limited to only those States that want that their bill talks about adding staff gasoline is now $4.11 or $4.12 a gallon. to the CFTC, the entity that controls to do that. It gives a State option for In Nevada it is much higher than that. the opportunity to go onto the Outer some of the trading that takes place We have to do something, there is no with oil. We also agree there should be Continental Shelf for deep sea oil and question, with domestic production. gas exploration. We all agree we can do something done. I am having a meeting Right now, we have, counting ANWR— today, and we are going to make a de- more in encouraging the development and the Republicans thankfully have of alternative energy sources, which is cision as to what that legislation stopped raising that as an issue; they should be. So we share that with our why the Gas Price Reduction Act con- do not want to drill in ANWR; that is tains incentives to develop plug-in Republican friends and hopefully they good. But even counting ANWR, and all will join us in that regard. electric cars and trucks and new bat- of the offshore, we have less than 3 per- tery technology. One thing that is not in the Repub- cent of the oil in the world. So we can- lican legislation that we think is so vi- In addition, we included measures to not produce our way out of the prob- strengthen the U.S. futures markets by tally important to use at this time, as lems we have, because we in America did this President’s father when he was increasing funding and staff for the use more than 25 percent of every bar- Commodity Futures Trading Commis- President, is the Strategic Petroleum rel of oil that is used every day. We use Reserve we have in America, which is sion and examining foreign markets. more than 25 percent of it. But we can These ideas also have support from 97 or 98 percent filled. Why did we fill do better with our domestic produc- it? For emergencies. I think for emer- many on the other side of the aisle. tion, and we need to do that. By focusing on the areas where we gencies such as this, as was done with The Republican bill that has been in- his father. Once you start tapping that, agree, instead of the ones where we dif- troduced does not have a single line in fer, we can achieve results for the the price of gasoline goes down very it that deals with renewables. But I ac- quickly so we would hope there would American people. I ask my good friends cept the invitation of the Republican on the other side of the aisle to join us be efforts made by this administration leader and I hope he accepts our invita- to start taking oil out of the reserve. I in finding energy policies we can agree tion. Let’s work together to try to get on. Believe me, the American people think there is room for us to work to- something done as it relates to domes- gether; that is, Democrats and Repub- are demanding it. We can pass mean- tic production. ingful legislation which would develop licans to try to meet the expectations In the other areas, as we know, there of the American people. more American energy while encour- are 68 million acres available for drill- aging conservation, and we need to do ing right now, 68 million acres. How f that very soon. much is 68 million acres? Look at a RESERVATION OF LEADER TIME f map of the United States. Look at the The ACTING PRESIDENT pro tem- State of Nevada. If you discount Alas- NOMINATIONS OF GENERAL PE- pore. Under the previous order, the ka, we are the sixth largest State in leadership time is reserved. TRAEUS AND GENERAL ODIERNO the Union. We make up about 68 mil- Mr. MCCONNELL. Mr. President, we lion acres. From the southern tip of f also have an opportunity today to con- Nevada to the top is more than 700 AMERICAN HOUSING RESCUE AND firm the nominations of two of our Na- miles; across the top of the State of FORECLOSURE PREVENTION ACT tion’s leading generals. Secretary Nevada is more than 400 miles; a lot of OF 2008 Gates and Admiral Mullen have both, space. That is how much area is left The ACTING PRESIDENT pro tem- rightly, talked about the challenges available to drill right now. We ask and pore. Under the previous order, the facing the Nation as we transition from invite the oil companies to start drill- Senate will resume consideration of one Presidential administration to the ing, find out where in the 68 million the House message to accompany H.R. next during a time of war. The next acres there is oil. We know there is oil. 3221, which the clerk will report. President will be fortunate to have I also invite the oil companies to look The legislative clerk read as follows: General Petraeus and General Odierno at the 8 million acres in the Gulf of responsible respectively for central Mexico that we legislatively, less than A message from the House of Representa- tives to accompany H.R. 3221, an act to pro- command area of operations in Iraq. 2 years ago, allowed them to explore vide needed housing reform, and for other It is the nature of world events that and drill. purposes. the next President will be confronted We know we need to do a better job Pending: with some international emergency producing domestically. We are going that could not have been anticipated. to do our very best to do that. But we Reid amendment No. 5067 (to the motion to concur in the amendment of the House add- What we know is that our strategic in- hope there would also be an agreement ing a new title to the amendment of the Sen- terests in the Middle East and Persian that any oil that is drilled and pro- ate), to change the enactment date. Gulf are longstanding and are being duced in the waters off the coast of Reid amendment No. 5068 (to amendment challenged. We know that the threat of America be used in America. That is No. 5067), of a perfecting nature.

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We need more funds or airlines that want to stay in each, and with the Senator from Con- American oil from American soil. business and stabilize future fuel necticut, Mr. DODD, controlling the By developing more American energy prices. My colleagues often fail to men- final 10 minutes. as we work to conserve our usage, we tion that for every person who is mak- The Senator from Wyoming. will secure America’s energy future. In ing money in the futures market, there ENERGY order to do that, though, we have to is a person losing money. Mr. ENZI. I will be using some of the have agreement from the other side of Major oil consumers need some cer- first of the Republican minutes. I the aisle that we do want to develop tainty in this volatile market so they thank the leader for his comments on more energy sources. We do not have use the futures market to hedge their energy. I too think we can get together that agreement yet. I do not know how bets. They can’t get certainty from and solve a huge problem for this coun- much longer those on the other side of Congress that we will produce more en- try. the issue can hold out against their ergy, so they need to find it some- I do want to make a clarification on constituents who are hurting from the where. the Republican bill that was put up. I higher gas prices, but I hope it is not I am cosponsoring the Gas Price Re- do not want anybody to think that was long. We need to get something done duction Act. I am cosponsoring clean comprehensive. The leader mentioned now. coal measures. I am advocating Amer- some things that were left out. I have The bill I am cosponsoring is not per- ican oil production and refining. I am got a number of matters that were left fect. It does not include everything I also pushing to renew important tax out of that bill that should be in there, would like it to include. But it is a credits for wind and solar power so except what we have a tendency to do start. That is what we need, a start. We that we can use more renewable en- in this body is to lump everything into need to start doing something now to ergy. I am not ready to let the greatest one big bill. If a few people do not like improve our Nation’s energy situation. Nation on Earth sink into poverty be- this part and a few people do not like We need to stop playing ‘‘gotcha’’ poli- cause we were not willing to help our- that part, then pretty quickly we can- tics and start coming together to start selves. not get a majority. So we need to do finding solutions. Congress should be I am also counting on the innovation things in a smaller way. This will addressing high energy prices by look- of the American people. Americans are make a huge difference in the price of ing for solutions that produce more the most innovative people in the gasoline. The Republican bill would American energy while we reduce our world. If they face a challenge, they make a huge difference in the price of usage. That is what those in control of will come up with solutions. I was part gasoline. But it is a package that we both Houses of Congress do not seem to of the rocket generation. Sputnik went thought everyone could come together understand at this stage. up when I was in junior high. Our gen- The continued rise of gas prices is on. And somehow we are going to have eration figured out how to get a man going to put an end to the dog-and- to do that in this body if the United on the Moon. We had the computer pony show eventually, and when the States is going to progress. generation, and we have led the com- dog-and-pony shows ends, and we stop We can bring down the gas price Goli- puter world. Then cell phones were the playing ‘‘gotcha’’ politics, we need to ath if Democrats and Republicans will next generation. Now we need the en- start to take a look at our Nation’s en- work together to pass legislation that ergy generation. We need the kids to ergy policy. will help America find more oil as we invent clean ways, better uses, and use less. Actually we have to do both. We need to come together to increase our energy supply. We need to look at more production. It can be done in a If we increase the supply and we cut good way. demand, we will beat this giant prob- the energy situation in steps. Instead We are in the situation we face today lem. If we use less and we find more, we of trying to pass massive bills that because we haven’t acted for years. We will beat this giant problem. have provisions a number of Members I had the privilege of traveling can’t support, we should work on pass- did not get in the situation overnight, around Wyoming last week during the ing smaller, consensus bills. We need to and we won’t get out of it overnight. July 4 home work period. There is no put partisan differences aside to figure What we can do is work to make the question that gas prices are the No. 1 out what we can do to improve our en- situation better. I am committed to topic on everyone’s mind. In Wyoming ergy situation. How do we lower gas working with colleagues to do just the rising price of gasoline and diesel prices? We find more, as we use less. that. Let’s stop playing the blame fuel hits us hard, because our cities and We increase our oil supply, as we each game and start working together to get towns are spread out and we are often seek to cut back the amount of gas we things done. Moving forward with the forced to drive tens if not hundreds of use. Increasing supply by getting more Gas Price Reduction Act or, if not that miles to get groceries and to go to American oil from American soil while specific bill, then parts of it, is what work. I am personally as concerned as at the same time conserving will lessen we have to do to bring prices down. If are my constituents with the rising our demand and bring prices down. We we don’t move now, we may not be able price of gasoline. I get angry when I fill have choices to make. Do we meet this to afford the gas so we can move into up my vehicle and I am charged more challenge head-on by finding more oil, the future. than $4 a gallon for gas. I am skeptical using less, putting our back and our I yield the floor and reserve the re- when I hear the oil industry is making brains into the task of developing bet- mainder of our time. record profits and CEOs are taking ter ways to use what we have, or do we The ACTING PRESIDENT pro tem- home huge pay packages. do what many would have us do and pore. The Senator from Alabama. Well, what can we do about that? In- say it is too late or that it is the oil Mr. SESSIONS. Mr. President, I creasing taxes will not produce any companies’ fault or they blame the thank my colleague for talking about more oil. It would raise the price of gas Government and look to lawyers to the energy situation and the price of further, and probably drive production solve our problems? gasoline. I have traveled my State off our shores, so we would be paying I have listened to my colleagues hard. I know Senator ENZI knows his for oil from other places. criticize the speculators who are, in State like the back of his hand. He We do have a plan that would reduce theory, driving up oil prices. As the goes to every place in it repeatedly and gas prices. I have cosponsored S. 3032, Wall Street Journal pointed out, Con- talks to average people. They are hurt- the aptly named Gas Price Reduction gress always needs a political villain ing. Act of 2008. It recognizes that the big- and speculators always end up tied to Look at the numbers. In 1 year, over gest problem we face is the problem of the whipping post when people get the last year, the average family drives supply and demand. upset about prices. We have an energy 24,000 miles a year. The average family

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He went on to say: A Presi- our fuel comes from abroad. It totals good policy to raise revenue, perhaps. dent should be thinking 5, 15, 30 years $500 to $700 billion in a wealth transfer But it is not going to increase oil pro- down the road. We need to be doing the each year now. It is unbelievable. T. duction to tax the people who do it. things that serve our long-term na- Boone Pickens said it is the greatest When you tax something, you get less tional interest. Just because it would wealth transfer in the history of the of it. People cannot pass a law to re- take some time to have this go for- world and it is adversely affecting our peal the law of supply and demand. You ward, we should not delay taking ac- economy, not just the fact that the tax it, you will get less of it. tion. family has less money now to take care No. 2, they want to prosecute, pass a law to empower the FTC to prosecute The matter is pretty serious. A Wall of other needs. It has to go to gasoline stations for price gouging. We already Street Journal article by Gerald Seib, so people can commute to work, in have a law that allows the FTC to do executive editor, notes that there are large part, I would submit, by the fail- that. They say the gas stations are not three problems with the high prices of ure of this Congress to act. prosecuting. They want to go pros- oil. One is that, of course, it impacts I have been speaking on these issues ecuting after speculators. Speculators the family budget. The second is that ever since I came here. I have been are able to operate and be successful. I the high prices weaken our Nation’s pointing out the need for increased pro- don’t defend them. They are out to economic independence because we owe duction consistently. We produce off make a buck any way they can. They so much money for it. Thirdly, the my coast in Alabama substantial are able to do that because we have a money is enriching countries, many of amounts, but 85 percent of our offshore demand for oil that is greater than sup- which are hostile to the United States. production is now blocked. ply. I think it is 86 million barrels of So I think we are at a point in time We need to do this. We are talking oil demand a day at this point and 85 when we need to get together, Repub- about $105 more a month out of the supply. So they are able to maneuver licans and Democrats, and recognize family budget, so they can’t purchase in that thing and play this game and that we face a problem that challenges items with this money. It is rippling make themselves some extra money. our family budgets, that we have, in ef- through the economy. It is not a ripple; But if we got the supply up and our de- fect, taxed the American people, or al- it really is a tsunami. mand down, they wouldn’t be able to lowed them to be taxed, by over $100 Let me point out some of the things do this. They couldn’t do it when we more a month in 1 year alone, that we in recent magazines and recent news- had $10-a-barrel oil a decade or so ago. can make a difference and bring those paper articles. Here from the New York They want to sue OPEC. OPEC, what prices down—certainly stop the con- Times yesterday: do they do? OPEC meets to decide the tinuing increase. But we have to do High fuel costs lead AirTran to cut 480 amount of oil they want to produce es- something. There are things we can do. jobs. AirTran announced it would eliminate sentially, and that creates the short- 480 pilot and flight attendants’ jobs, joining I will say, as a person who has been a growing list of airlines that have cut their ages that are driving up the price. able, a few times, to go fishing on the workforces in the face of high fuel prices. Eighty percent-plus of the oil in the gulf coast, we go out and fish under oil The cost of jet fuel has risen 92 per- world today is not held by oil compa- rigs because that is a good place to nies. It is held by nation states, many cent this year, which is almost double fish, and it is clean and there is no oil of them hostile to the United States. in 1 year. out on the water. They are very careful Here is the New York Times of July OPEC meets to set the price by con- about that. 8: trolling the supply. They are reducing We have approximately 51 billion and not producing the oil that they Markets decline even as oil pulls back a barrels or more of recoverable reserves little bit. could if this was a real free market. in the Gulf of Mexico. That is a lot. We They are manipulating the market. use, as a nation, 5 billion barrels a The price dropped just a little. OPEC meets to decide how much they Wall Street, which has been hurtling year, and 3 billion of that is imported. are going to tax the consumers of the If you replaced that 3 billion, that stocks lower for the past few weeks, remains world and, in particular, how much fearful that consumers are trimming their would be 17 years right there just from spending to pay for gasoline. With consumer they are going to tax us. offshore production in the Gulf of Mex- I have to tell you, it is a dramatic spending accounting for more than two- ico. We have 85 percent of our reserves thing that is happening. I am told that thirds of [U.S.] economic activity, a pullback still blocked. We have had production it costs less than $10 a barrel to would create big ripples. that is still being effective off the produce oil from the sands of Saudi Boy, I tell you, they are reducing coast of California before that was Arabia. Yet they are selling it for $140 spending; $105 less a month they have blocked. None has been expanded since, a barrel. This is the kind of wealth now to spend on other items because in decades, and none, really, off the At- transfer that is damaging our econ- they are having to spend on it gasoline. lantic coast. But there are reserves out Here is the Wall Street Journal the omy. It is hurting this Nation. It is something we have to confront with there. States such as Virginia are talk- day before yesterday: ing about maybe that would be a good Stock Drop Spooks Currency Investors: Oil real policies that will work, and there are some. way to produce additional oil and serve Prices Still Key. the national interest. . . . Janet Yellen [Federal Reserve Bank I happened to catch Jack Welch, member], who made surprisingly worrisome former CEO of GE, on one of the morn- We have the opportunity to produce comments about inflation. ing talk shows not long ago. They were oil from shale. There are 1.8 trillion ‘‘The continuing rise in oil and commod- dealing with this question of Senator barrels of oil in shale rock. Perhaps 800 ities has certainly raised the inflation risk.’’ OBAMA and many of our colleagues here billion of that is recoverable, experts It is just every day. Does anybody who say: Don’t drill in Alaska; it might tell us. We are using 5 billion a year, so not understand this? I have to tell you, take 10 years. It wouldn’t take quite that is 100 years or more from shale I have to say, and I have spoken about that long, but they say 10 years. You rock. I am told they can produce that this several times, I am utterly dis- shouldn’t drill off the coast; that will at less than the current world price, appointed in my Democratic colleagues take 10 years. Really, drilling off the keeping wealth at home, producing our for having no plan whatsoever to deal coast, you begin to get production. energy at home, not sending that with this problem. It is just not a plan. They drill off my coast in Alabama abroad. I am willing to discuss how we can right now, but there are other areas I will tell you, one of the greatest po- work together. I am not wedded to with lots of reserves. It would take 3 tential breakthroughs that could help every single issue, I would say. I am years, 5 years to get production. us with global warming emissions and

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6516 CONGRESSIONAL RECORD — SENATE July 10, 2008 other areas is hybrid automobiles, par- But what we need to do, I firmly be- long distances they have to drive, to ticularly a plug-in hybrid. I strongly lieve, is to find more domestic energy imagine a day when they will be driv- believe we should—my time is up. as we use less. What do I mean by that? ing a battery-operated hybrid car, but I Mr. President, I ask unanimous con- By using less, we need to conserve, we do predict the day is coming, and com- sent to have 1 additional moment. need to be more efficient. America con- panies such as General Motors and The ACTING PRESIDENT pro tem- sumes about 20 percent of the world’s other car manufacturers, in 2010, will pore. Is there objection to 1 additional oil supply, and unfortunately, about 60 begin selling these plug-in hybrid cars minute? percent of that we import from foreign that you can literally plug into a wall Without objection, it is so ordered. sources. We are literally held hostage socket at night and recharge the bat- Mr. SESSIONS. Mr. President, I will by groups such as OPEC, the Organiza- tery and then drive about 40 miles on conclude by saying that nuclear power tion of Petroleum Exporting Countries, that battery before you have to get a produces no emissions into the air. We countries such as Venezuela and Hugo generator to recharge the battery to need to expand it. We are at 20 percent Chavez and others that are charging us provide you additional range. This is in now in our Nation. We have not built a about $140 a barrel for oil. Of course, our future. Right now we have about plant in 30 years. France has 80 per- that oil is used to make gasoline at re- 240 million cars on the road, and the cent. We could plug in our cars at fineries. average age of those cars is about 9 night, charge those batteries with But my constituents in Texas are years. So obviously it is going to take clean nuclear electricity, and run back very worried about the failure of Con- a long time—about a decade—before we and forth to work. That is within our gress to act by removing the impedi- can transition from the kinds of gas grasp right now. ments or the moratoria on developing guzzlers and cars that we drive now to Those are the kinds of things we need what is about 85 percent of our natural something that provides an additional to be talking about: expanding wind, resources here at home. That is what I alternative. expanding biofuels, expanding the pro- mean by finding more while we use I think we are beginning to see some duction of our existing resources, keep- less. cracks in the intransigence of many in ing American wealth at home, ending For example, Debra, from Lovelady, Congress to preventing additional do- this incredible transfer of wealth. TX—a town of roughly 600 people, just mestic production. I know there are a I thank the Chair and yield the floor. a ‘‘Texas mile’’ north of Houston—re- number of Senators, a fabled group The ACTING PRESIDENT pro tem- cently wrote me this letter. She said: called the Group of 10, the Gang of 10— pore. The Senator from Texas. I am a school teacher in a small rural East 5 Republicans, 5 Democrats—who are Mr. CORNYN. Thank you, Mr. Presi- Texas school, so my income is very limited. meeting to try to come up with a bi- dent. I drive almost 30 miles one way to work each partisan alternative. I applaud that ef- UNIFINSHED BUSINESS day as do many of my family and neighbors. fort. It is really important because, as We have chosen to stay in small towns for Mr. President, I, too, want to talk we all know, nothing happens around about high gasoline prices, but I want the ‘‘everyone is family’’ feeling they still give, but it makes it harder to live with the here unless it is on a bipartisan basis. to talk about other unfinished business cost of everything rising. I think it is very important, as I saw this Senate has not taken care of. For- She said: the Democratic whip say that he was tunately, we do have one positive de- not opposed to more exploration and velopment; that is, yesterday we The rising price of gasoline is limiting everything I do. I will not make a trip to town production. passed the Foreign Intelligence Sur- unless it is for my monthly shopping needs I would invite those who are worried veillance Act—after 145 days had or to go to church. There will be no summer about exploration and production here lapsed. So that is a good thing. But we trips for me this year as I do not see a way in America to fly into DFW Airport have unfinished work to do. to afford driving anywhere. where you can see gas wells being For example, the Colombian Free She concludes: drilled into the Barnett shale right Trade Agreement—it has been 597 days I know there are vast resources America there from your airplane as you land or that our American farmers and manu- could tap into. . . . Please look into explor- as you take off. It is being done using facturers have been disadvantaged by ing the energy resources we already have in modern drilling technology which is tariffs on goods sold here in America. America. compatible with the safety and secu- For my State of Texas, there is $2.3 bil- Well, I believe Debra speaks for a lot rity of the neighbors as well as a good lion a year that is charged in tariffs for of people in this country now as they environment. our exports when they are imported see their prices go up, as it is driving We need to act in a bipartisan fash- into Colombia, when Colombian goods commodity prices up, such as food ion on real energy solutions—a com- bear no similar tariff when their goods costs. They are finding it harder and bination of conservation and energy are imported into the United States. harder to make it, even if they do have production. It will be good for Amer- Then there is the matter of judicial a job, even if they have an income. ica’s economy and our energy policy, nominees waiting for a vote—some as I believe it is past time for Congress as well as our national security. Find long as 742 days. to respond by removing the impedi- more, use less. Then, finally, on the matter of gaso- ments to domestic production. That is The ACTING PRESIDENT pro tem- line prices, it was about 808 days ago why I cosponsored the Gas Price Re- pore. The minority time has expired. when Speaker PELOSI said that if she duction Act of 2008. That act can be The Senator from Wisconsin. and other Democrats were put in summed up, as this chart says: Find (The remarks of Mr. FEINGOLD per- charge, they would come up with a more and use less. It opens up offshore taining to the introduction of S. 3237 commonsense plan for bringing down and shale oil deposits for exploration are printed in today’s RECORD under the price of gasoline at the pump. Well, so America’s energy producers can gain ‘‘Statements on Introduced Bills and that was when gasoline was about $2.33 access to Federal lands. This also will Joint Resolutions.’’) a gallon. Now gasoline averages $4.10 a create jobs right here in America, Ms. CANTWELL. Mr. President, gallon, and we are still waiting for that which is something I would think we today, I rise to express my support for commonsense plan to bring down the would want to do. In a time when we the Housing and Economic Recovery price of gasoline at the pump. are talking about economic stimulus, Act. Increasingly, Americans are squeezed about concern for the economy, don’t The housing crisis in America has by the high cost of gasoline. Of course, we want to create more jobs here in reached critical proportions. In Au- it is driving up everything from food America rather than having those jobs burn, WA, Michelle was a single mom prices to competing with people’s abil- created in places such as Saudi Arabia with an income that made it very dif- ity to pay for their housing, their or Mexico or Canada or Venezuela? ficult to find an apartment she could health care, transportation, and, obvi- At the same time, this bill increases afford. Like so many people, she ously, the tax bite, where State and research and development initiatives searched desperately to find a roof to local and Federal taxes take up a huge and for battery-operated plug-in hybrid put over her children’s heads. The amount. About 111 days of income is technology. I think it is hard for many search is not easy. The search is not used just to pay for that tax burden. of my constituents in Texas, with the fair. But for the hundreds of thousands

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6517 of Americans that need affordable portunity on to the Americans who working with families facing fore- housing today, the search is a reality. need it. closure, to discuss practical ways to The number of renter households This will work now to increase the help homeowners and protect our econ- jumped by nearly 1 million last year, number of affordable choices available omy from further damage. Many of the according to a Harvard University to our neighbors in need. State agen- ideas discussed at those roundtables Joint Center for Housing Studies Re- cies award housing tax credits to hous- are included in this legislation. port. And monthly rents are reaching ing developers, who turn the credits I have also had the benefit of advice record highs. Last year, they climbed into construction funds by selling them from Bernie Glieberman, chairman of to an all time sky high of $775. to investors. These funds allow devel- the board of the Michigan State Hous- We are faced with a fundamental sup- opers to borrow less money and pass ing Development Authority, and mem- ply and demand problem: a ballooning the savings on to renters in the forms ber of the board of the Michigan Hous- renter population and a diminishing of lower rental rates. ing Trust Fund and Harvard Univer- supply of affordable housing. A classic ‘‘win-win’’ situation. sity’s Joint Center for Housing Studies This is a problem that requires a real By extending the reach of this pro- policy advisory board. Long before the solution. And today, I am proud to say gram in the tax title of this bill, we committees started crafting this hous- that we have taken action to put peo- give States the flexibility they need to ing bill, Bernie brought to my atten- ple like Michelle in the homes they so develop housing credit properties in tion the idea of increasing tax-exempt desperately need and deserve. hard-to-serve, often rural, areas; we bonding authority to enable State This action did not come without the give investors needed AMT relief for housing agencies to help struggling hard work of many people. I especially housing bonds, housing credits, and re- homeowners acquire more affordable want to commend Finance Committee habilitation credits; and we give our mortgages. I am pleased that this bill Chairman BAUCUS, Senator GRASSLEY, vulnerable neighbors, like Michelle, will bring this additional bonding au- and their staffs. Because of their hard the homes they need. thority to fruition. I am confident that work, we have included in this com- It is critically important that the Michigan State Housing Develop- prehensive housing and economic re- Congress’s response to the housing cri- ment Authority, MSHDA, and other covery package a set of provisions that sis not leave out those in need of af- State housing agencies across the Na- encourage the development of afford- fordable rental housing. I am proud of tion will put it to good use. These taxable rental housing by expanding and this legislation and am anxious to see exempt bonds will help agencies like improving the low-income housing tax it enacted into law. MSHDA raise the funds needed to refi- credit. I also want to recognize the tre- Mr. LEVIN. Mr. President, I am nance homeowners from adjustable mendous leadership of House Ways and pleased that we are at last moving rate mortgages into affordable fixed- Means Committee Chairman RANGEL, closer to enactment of much-needed rate mortgages, as well as provide who has long been an advocate for af- housing legislation. loans for first-time homebuyers and fi- fordable housing and a champion of the The foreclosure situation in my nance the construction of multi-family tax credit program. State of Michigan continues to be dire. residential housing. Because of current conditions in the In 2007, there were more than 103,000 This bill has a number of other provi- financial markets, the development of foreclosures. According to the data re- sions that will help alleviate the suf- many affordable housing options has leased recently by RealtyTrac, there fering caused by the foreclosure crisis. come to a screeching halt. And for the were nearly 13,000 Michigan foreclosure Arguably the most important provision hundreds of thousands of homeowners filings in May alone, a 25 percent in- in this bill is the HOPE for Home- that must now turn to rental housing, crease from the previous month. That owners program, which will enable the the homes they could afford are dimin- is one foreclosure filing for every 353 Federal Housing Administration to ishing at an alarming pace. I knew this was a critical problem households, which puts our State’s provide groundbreaking new refi- that needed a solution. Many of my foreclosure rate at the fifth highest in nancing options to distressed borrowers. Through this temporary new colleagues, including Senators KERRY the Nation. Nationwide, filings are up program, the Federal Housing Adminis- and SMITH, agreed. We worked together nearly 50 percent compared to this to ensure that the tax title of this bill time last year, with one in every 483 tration, FHA, is authorized to insure contains the provision that will extend U.S. households receiving a foreclosure up to $300 billion in 30-year, fixed-rate the reach of two of our most successful filing in May. mortgages. I applaud the work of Sen- and broadly supported Federal housing Sadly, we all know that homeowners ator DODD and others of our colleagues programs: the Housing Bond and Low- facing foreclosure are not the only ones in putting this FHA refinancing pro- Income Housing Tax Credit Programs. being impacted by this crisis. Property posal together. It is based on the suc- We now have the best cumulative values have plummeted in many areas, cessful Home Owner’s Loan Corpora- version of what the Senate and House due in part to the glut of abandoned tion that was implemented by Presi- independently approved. and foreclosed homes. Lost property dent Franklin Roosevelt during the The Low-Income Housing Tax Credit values moreover translate into de- Great Depression to issue new loans to Program was created as part of the Tax creased State and local revenue from help homeowners in default. Reform Act of 1986 and made perma- property taxes, creating a shortfall in It is important to note that this new nent in 1993. Designed as a public-pri- revenues and reducing the budget program is not an investor or lender vate funding partnership, largely ad- available for valuable State and local bailout. FHA will only insure loans at ministered by the States, this program programs and services. 90 percent of the current property built its way into the history books as Our Nation’s broader economic woes value, which in most cases is signifi- the most successful production pro- can also be traced back, at least in cantly less than the original loan gram in existence. part, to the foreclosure crisis. There is amount. Investors and lenders who These tax credits have created 2 mil- a long chain of investors, lenders, and choose to take advantage of this pro- lion homes for families in need—homes financial markets relying on American gram must, therefore, be willing to with restricted rents for terms of at homebuyers to pay what, in many intake a hit. They will likely be willing least 30 years that would have other- stances, are shaky home loans. Because to take this loss, however, because it wise been impossible. of the record defaults on these loans, will be less than the losses associated In fact, in April 2007, Michelle from credit remains tight. with foreclosure. Also, this is hardly a Auburn, WA, moved into one of these Throughout this crisis I have re- windfall for distressed borrowers, as homes created by tax credits. She is ceived wise counsel from many experts some are claiming. Those who sign up thriving and able to provide for her on foreclosure prevention and housing for the FHA insured loans will share children. Without tax credits like matters. Earlier this year I hosted a se- their new equity and future apprecia- these, I am unsure where Michelle and ries of roundtable meetings in Michi- tion with FHA by paying a premium— her family would be. gan communities with leaders from 3 percent initially, 1.5 percent annually We are building opportunity out of local and State government, as well as thereafter—for the FHA loan. They are this past success and passing this op- organizations who are in the trenches also required to give a portion of the

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6518 CONGRESSIONAL RECORD — SENATE July 10, 2008 equity from sale proceeds for this home what it can to ensure that a housing provides an opportunity to help restore back to FHA. I am pleased to note that crisis of this sort does not happen our housing markets by keeping declin- this program, which is estimated to again. To that end, this bill contains a ing property values stable. It will pro- help nearly 400,000 homeowners nation- number of provisions aimed at helping tect neighborhoods from a glut of va- wide, will not cost taxpayers money; in homeowners avoid foreclosure and re- cant homes. I will continue to work fact, it is expected to net $250 million. forming major Federal players in the with my colleagues to get this bill Not only does this bill take signifi- housing market: the Federal Housing passed, and, if need be, to overcome a cant steps to help keep families in Administration and the housing gov- Presidential veto. This legislation can- their homes, it provides immediate ernment-sponsored enterprises, includ- not come too soon. help toward rehabilitating blighted ing Fannie Mae and Freddie Mac. Mr. DODD. Mr. President, I yield 4 neighborhoods. The nearly $4 billion in As I observed during the roundtable minutes to my friend, the Senator from CDBG-like funding provided through discussions I hosted in Michigan, many Alabama. this bill will go to areas of the country counselors are doing good work on the Mr. SHELBY. Mr. President, we are with the highest foreclosure rates and ground to try and help families avoid nearing the end of a long debate in the number of filings. Michigan stands to foreclosure. However, foreclosure pre- Senate dealing with what some people receive almost $170 million through vention counselors are overwhelmed, call the housing bill, but as we know, it this provision, and the funds could be and a lack of funds is tying the hands is more than housing. One of the big ti- used to restore an estimated 6,000 prop- of local groups trying to help keep fam- tles in it deals with the reform of the erties. Inclusion of these neighborhood ilies on track. This bill would provide government-sponsored enterprises— stabilization funds will help protect $150 million for pre-foreclosure coun- GSEs commonly known as Fannie Mae more homeowners from going ‘‘under- seling and $30 million for legal services and Freddie Mac, as well as the Federal water,’’ and I urge Members in the to help keep people in their homes. Home Loan Bank Board. House to support keeping this provi- This bill also establishes a new, inde- We know that we are in a housing sion in the final bill. pendent regulator for the housing Gov- crisis in this country. We have a lot Our economic crisis is exacerbated ernment Sponsored Enterprises, GSEs, more houses than we probably need further by the fact that we are a nation Fannie Mae and Freddie Mac. Through right now, and we have a lot of people at war. Our brave and dedicated sol- capital standards, audits and other in- who are going to be facing foreclosure. diers should not have to return to U.S. ternal controls, this regulator will So, working together with Senator soil to find that, facing foreclosure ac- oversee the safety and soundness of DODD and our staffs, we have tried to tion, they no longer have a home. I am these financial giants who play such a come up with a plan to give thousands pleased that this bill will delay fore- key role in our housing markets. of people an opportunity for some re- closure action for returning soldiers I am pleased that this bill also incor- lief. It is not a Government bailout. It and also provide them 1 year of relief porates long-awaited legislation to is not taxpayers’ money. It gives them from increases in mortgage rates. The modernize and expand the Federal an opportunity—assuming a lender is bill also provides additional home- Housing Administration. These reforms about to foreclose on someone—to get ownership opportunities for veterans will help provide access to homeowner- together with someone else who has through increases in the VA loan guar- ship to families in higher cost areas borrowed money and say: Look, if you antee amount. There is also funding for who have not been able to take advan- can get this refinanced through the home modifications for veterans with tage of the FHA program in the past, FHA modernization plan, if we can do service-related disabilities. by raising the FHA loan limit. It will that and we can cut down on the value In addition to the provisions in this also provide counseling for first-time of the mortgage—take a haircut, so to bill that help alleviate the suffering of homebuyers as well as homeowners speak—this is better than a fore- the many families in dire straits, this who are having trouble making their closure. legislation will help stimulate the mortgage payments through FHA, and Lenders know the worst thing in the slumping housing market and help to improve the FHA loss mitigation proc- world for them is foreclosure. Bor- ease the broader economic slowdown. ess to help struggling homeowners stay rowers know that too, because it is a One key provision of this bill is a 1- in their homes. dangerous game people play. Going year, $8,000 tax credit available for Finally, many blame predatory lend- back to the Fannie Mae and Freddie first-time homebuyers. The homebuyer ing practices, at least in part, for the Mac situation, we know they play a would repay the money over time, excessive number of irresponsible loans huge role—a central role—in our hous- similar to an interest-free loan. I have made to subprime borrowers. In re- ing, but we also know that together heard from realtors, prospective buy- sponse, this bill amends the Truth in they owe a little over $5 trillion; $5 ers, home builders and many others Lending Act, TILA, to, among other trillion in debt, and they are thinly who believe this would help reduce the things, require that borrowers be in- capitalized because they are govern- existing stock of vacant housing. formed of the maximum monthly payment-sponsored enterprises. They have The availability of quality, afford- ments possible under their loan, and the implicit guarantee of the taxable housing is critical to the economic ensure full disclosures are provided no payer—the U.S. Government, basically. health of America. This legislation later than 7 days before closing so bor- I have no reason to believe we would would help create additional affordable rowers can shop for another loan if let them go under because there is a lot rental housing and increased home- they are dissatisfIed with the terms. In at stake. The way to keep them from ownership opportunities for low-in- order to discourage unscrupulous be- getting in worse financial shape is to come families by creating a new Hous- havior, statutory damages for TILA create a strong regulator that will ing Trust Fund and a Capital Magnet violations have been increased 10-fold, monitor them closer than they have Fund. These funds, which would be pro- from current rates of $200 and $400 to been in the past to make sure they vided as grants to States, would great- $2,000 and $4,000, respectively. have adequate capital. ly help those who need it most because I support this comprehensive housing With Senator DODD’s 28 years and my the funds are required to be used pri- legislation, and am confident that, 22 years on the Banking Committee, we marily for the benefit of low-income once enacted, it will provide much- have 50 years. In our combined 50 years families. The bill also provides incen- needed relief to many struggling home- on the Banking Committee, we have tives to spur development of affordable owners in Michigan and across the seen financial debacles. We have seen housing property by the private sector country. Addressing the foreclosure good times and bad times. What we are through increases to current programs crisis will require a team effort among trying to do is prevent as many head- such as the Low Income Housing Tax Federal, State, and local governments, aches and hardships as we can, not only Credit. community and neighborhood organi- to homeowners but ultimately to the It is not enough to simply alleviate zations, and lenders, brokers, and bor- American people by reforming GSEs. I the Nation’s present suffering and get rowers. This bill recognizes that fact. hope this is a big first step today. us back on track for the time being. It provides an opportunity to help keep I wish to take a minute to commend Congress has a responsibility to do struggling families in their homes. It my colleague, Senator DODD, chairman

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6519 of the Banking Committee. As I en- have a very good product reflected by sidered other amendments. Other col- joyed my 4 years serving as chairman, the votes that have occurred over the leagues had ideas to add to this bill. I also enjoy working with Senator last several weeks. I think the lowest Because of a handful of Members who DODD and his staff. I wish to commend vote total on any single proposal that don’t want any more consideration, we his staff as well as my staff, our Repub- has been either offered or suggested are forced into this situation. A num- lican staff on the Banking Committee, has been something like 77 votes, show- ber of amendments had been worked including Bill Duhnke, Mark Oesterle ing that an overwhelming majority of out between Democrats and Repub- and others, for all the work they have people are supporting this committee licans, but we cannot even offer those. done here, night and day, and it is not product, and we appreciate that as That is the situation. I regret that be- over yet. members of the Banking Committee. cause there were some good ideas, I yield the floor. So this action is coming none too frankly, that could have been added to The PRESIDING OFFICER. The Sen- soon. Today the RealtyTrac reported the bill as it leaves here. But that is ator from Connecticut is recognized. that over 250,000 families went into the situation. Candidly, we cannot wait Mr. DODD. Mr. President, first let foreclosure in the month of June. That longer, having gone weeks going me thank my colleague from Alabama, is a 53-percent increase over last year. through the parliamentary rigmarole Senator SHELBY. He makes it sound We all throw these statistics around on the floor of the Senate. like Methuselah this morning referring rather easily in this Chamber, but I will sum up again the legislation we to those years we have served together numbers, while staggering, are faceless are about to pass and send on to the in the Senate, combined years of serv- and nameless. Behind every one of House. The bill establishes the Hopeful ice. I have been a member of the Bank- these numbers, that 250,000, that 53-per- Homeowners Act to assist at least ing Committee since my first day as a cent increase, is a mother, is a father, 400,000, maybe 500,000 families to keep Member of this body in January of 1981. is a family, and children whose lives their homes and stabilize their neigh- I have served under and with a lot of have been unalterably changed for the borhoods. It does so after asking both different people on that committee, worse because they are going to lose lenders and borrowers to make finan- going back to Bill Proxmire of Wis- their home. They are going to lose cial sacrifices. It does so at absolutely consin, who was the ranking Democrat their home. no cost to the taxpayer. It creates a in those days; Jake Garn, who was the Just imagine, if you will, those who new class of regulation for Fannie Mae chairman of the Banking Committee in have not been in that situation, what it and Freddie Mac. 1981, the Senator from Utah. Over the would be like to wake up this morning You can look in the Wall Street years, Senator Riegle, Phil Gramm, and know that you have a foreclosure Journal of this morning if you doubt and Paul Sarbanes, of course, chaired notice on your home, that you can’t whether we should act or we can wait the committee, as well as, of course, meet your obligations and you have to longer. The headline is: ‘‘U.S. Mulls Senator SHELBY. face your children, you have to face Future of Fannie, Freddie.’’ If you This is an important moment for this your spouse, you have to face your co- think we ought to wait longer to try to body. We have a severe housing crisis workers, and you have to find some get something better out of the bill, in the country. I don’t need to keep re- other place to live. Mr. President, consider what we may have happen to peating that. All Members recognize it. 250,000 people went through that in the these GSEs, which are critical to pro- When we go home and talk to our con- month of June, 1,500,000 over the last viding stability in the housing market. stituents, as we did over the last week year, and we are still here debating The world-class regulator, which is or so, we see that this problem is not this bill and whether we can do any- something we tried to do over the last going away. We were hoping that something to make a difference in people’s 7 years, is finally done in this bill on a how the market would be taking care lives. bipartisan basis. Recent news makes it of all of this and by now we would be What is happening today is a trag- clear these entities need a strong regu- seeing that proverbial light at the end edy, a significant tragedy for these lator to ensure they are viable and of the tunnel, but the only light we see people, for their neighbors, for their healthy institutions. is the light of a train coming. Unless communities, and for our country. The The bill raises the loan limit from we act promptly, we are looking at a cover story in this week’s issue of Busi- $417,000 to as high as $625,000, so the situation that will only get worse. ness Week is entitled ‘‘The Home Price GSEs can play a more active role in Our legislation is not the salvation of Abyss: Why the Threat of a Free Fall is stabilizing the housing market. I wish every problem. I wish to make clear to Growing.’’ I think the article sums up to point out that this loan limit is con- my colleagues that what Senator SHEL- very well the threat we are trying to siderably higher than what was in- BY and I and the other 19 members of address with this legislation. cluded in the committee-passed bill. our committee have done is to fashion Let me quote from it: Senator SHELBY, to his credit, and I some proposals that we think will The risk to the financial system and the agreed to do this in an effort to accom- make a significant contribution to the economy is that the price drop, which is al- modate the interest of the other body, issue, maybe the most important one ready horrifying, will start feeding on itself. the House. And also the people who live being a sense of optimism and con- It goes on to say: in higher cost States, the higher num- fidence that this Congress of ours, de- When home values fall low enough, hard- bers will be important for them to get spite the narrow margins that split us pressed homeowners become less able or less relief as well from the bill. as two parties in this body, can actu- willing to keep paying their mortgages. That Treasury Secretary Paulson said ally work together to get something forces lenders to repossess homes and then passing this legislation is the most im- done. dump them back on the market at fire sale portant thing we can do to address the There is a growing fear in the coun- prices, which depresses further the prices in housing crisis. The bill modernizes the try—in fact, more than growing—that those neighborhoods and leads to even more FHA program, raising the loan limit we are incapable of doing much here; foreclosures. from $362,000 to $625,000. The FHA that we can’t seem to get much done When we consider the role home eq- proved its value in the current crisis. It because of the partisan divide. This bill uity has played in supporting consumer continues to be a stable source of mort- argues strenuously against that con- spending, we can see that this vicious gage credit, while many other lenders clusion. By a vote of 19 to 2, this com- cycle can create a disaster. We have al- have failed. This bill will make sure mittee marked up this piece of legisla- ready had hundreds of thousands of job FHA is available to even more Amer- tion. losses and the like. I think we all rec- ican families. We have now been on the Senate ognize we have a responsibility to act. To give you some idea of how this af- floor debating this because of the very Today, we have an opportunity to fects people, by raising these limits to difficult parliamentary situation we pass the Housing and Economic Recov- the $625,000 level from $417,000, we will are presented with as a result of what ery Act of 2008, which will help us now cover 85 percent of the American the House of Representatives sent us, begin to address this crisis and the population and 98 percent of the coun- so we have spent this much time on larger economic turmoil. I wish to add ties in America. The other 2 percent this legislation. However, I think we that we would have liked to have con- are the very high-cost counties. My

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6520 CONGRESSIONAL RECORD — SENATE July 10, 2008 State has one of them, and several create protections against foreclosure other side of the aisle. This package in- other States across the country do as scams, and we reduced paperwork bur- cludes, among other important provi- well. But 85 percent of the American dens on certain small public housing sions, my amendment, offered by fam- people are potentially covered by this authorities, thanks to the amendment ily and children organizations across bill, and 98 percent of the counties will by Senator SUNUNU. the country, to help children who are be covered by the numbers we have This legislation includes $3.9 billion the silent victims of the housing crisis. raised from $417,000 to $625,000. When in emergency community development My amendment authorizes $30 mil- people tell you we are not reaching block grant funds. This is a controver- lion in additional funding into the ex- enough, we have reached about as far sial provision. I know some Members isting McKinney-Vento Homeless Edu- as you can reach if you are interested have raised concerns about it. I think cation Program to support children di- in helping those who may face more se- all of us recognize that when we talk rectly impacted by foreclosures. There rious problems. about a national crisis, with problems are about 2 million children in this The bill includes a permanent afford- of foreclosures having a devastating ef- country, including 50,000 in New Jersey able housing fund, financed by Fannie fect in our States, obviously, resources and over half a million Latino children Mae and Freddie Mac, that will provide locally, with property taxes declining nationwide, who will be directly im- tens of thousands of affordable housing for police and fire, and the like, our pacted by the foreclosure crisis, plac- units in the future. Let me say, about mayors and county officers are finding ing them at risk of poor school per- this part of the bill, the GSE reform themselves further hard-strapped to formance, behavior problems, and will be long lasting and important. The meet their obligations. We thought an other challenges as well. HOPE for Homeowners Act is tem- infusion of community development While we provide lower interest rates porary; it doesn’t exist after 3 or 4 block grant money, targeted specifi- supporting the homebuilding industry years. Maybe the most important thing cally to those communities that face and reform mortgage lending practices, we will do is the affordable housing high foreclosure rates, would be of ben- several children’s organizations and issue in this bill. No new tax money re- efit to them to help them rehabilitate educational organizations have asked quired. The money will come out of the their communities and the foreclosed for this amendment as a modest way GSEs. We know, as a matter of fact, homes and get them back on the mar- that our Nation can support the nearly that we have built very few affordable ket. This is still in the bill. 2 million children who are suffering the housing units in this country over the I have been warned by Members of consequences of decisions made com- last number of years. And particularly the other body that this provision will pletely outside their control. those people losing their homes will have to come out. I know some Mem- The foreclosure crisis is damaging have a hard time finding rental units. bers want to strike it. It is going to our economy. Let us not forget that This is a permanent bill on affordable stay in the bill that is going to the the children who have no say, no abil- housing, and there is a means to pay other body. They object to it because ity to make a difference in their lives, for it without adding to the taxpayers’ they don’t have a pay-for in it, and we are the real victims of this crisis and, costs. It is one of the most important do here. We call it emergency funding, even worse, they are the silent victims. long-lasting features of the bill. In the as we do when we have hurricanes or It is not fair these children get lost in long term, that bill will make a huge other natural disasters occurring. This the paperwork or in the politics of one difference for millions of people. is similar to a natural disaster. If you Member, and they deserve our full sup- Seventeen million people today spend are one of those 250,000 families who, in port. half their disposable income on their the month of June, lost their homes— This amendment was being cospon- houses. If you are on SSI, in fact, hous- whether by flood or by hurricane, be- sored by several colleagues. We worked ing costs exceed the monthly benefits lieve me, it is a disaster. They lost it with Senator ENZI, who had original ju- you get today under SSI. For millions because they got lured into deals they risdiction, along with Senator KEN- of people in this country, that afford- could not afford or because there was a NEDY, to get the language right. We ap- able housing provision can be very im- scam or deceptive practices going on. preciate Senator SHELBY having it in portant in the long term. Don’t try to tell that family they have the managers’ package. If that cannot The bill includes a new protection for not faced a disaster. It is not a natural move forward, these children will be elderly homeowners taking out FHA- one, but nonetheless it is a disaster. left unprotected. That is a disgrace. insured reverse mortgages so they are The idea that we cannot provide addi- The ACTING PRESIDENT pro tem- not deceived into using the proceeds tional funding to mayors and county pore. All time has expired. from the loans to buy expensive and executives to help out communities is The clerk will report the motion to needless insurance products. These are something I am troubled by. It may invoke cloture. The bill clerk read as follows: provisions that were incorporated by come out of the bill when it comes Senator MCCASKILL, and we thank her back. I urge them to look hard at this CLOTURE MOTION for it. There is a new mortgage broker and try to find a funding source. We, the undersigned Senators, in accord- and lender licensing requirement that I ask unanimous consent for an addi- ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move was added by Senator MARTINEZ and tional 5 or 10 minutes. to bring to a close debate on the motion to supported by Senator FEINSTEIN from The ACTING PRESIDENT pro tem- disagree to the amendments of the House, California. That will begin to address pore. Is there objection? adding a new title and inserting a new sec- many of the abuses of the mortgage Mr. INHOFE. Mr. President, I am tion, to the amendment of the Senate to process that have been perpetrated by going to object, and I will explain why. H.R. 3221, the Foreclosure Prevention Act. brokers. We have a committee hearing we are The ACTING PRESIDENT pro tem- In addition, the bill includes im- working through this vote, and so I do pore. By unanimous consent, the man- proved disclosure requirements that object. datory quorum call is waived. were added by Senator REED of Rhode The ACTING PRESIDENT pro tem- The question is, Is it the sense of the Island and Senator BOND of Missouri as pore. The Senator has 2 minutes re- Senate that debate on the motion to well. Because of the effort of Senators maining. disagree to the amendments of the KERRY, COLEMAN, AKAKA, CORNYN, and Mr. DODD. I will yield that time to House, adding a new title and inserting SANDERS, the bill expands the avail- my colleague from New Jersey. a new section to the amendment of the ability of VA housing programs. It in- The ACTING PRESIDENT pro tem- Senate to H.R. 3221, shall be brought to cludes a number of provisions to help pore. The Senator from New Jersey is a close? The yeas and nays are manda- returning veterans save their homes recognized. tory under the rule. from foreclosure and provides new Mr. MENENDEZ. Mr. President, I The clerk will call the roll. housing benefits to disabled vets as thank the Senator from Connecticut The assistant legislative clerk called well. for his leadership. I rise to express my the roll. In an amendment adopted on the disappointment that it appears that Mr. DURBIN. I announce that the floor prior to the recess, we added lan- the managers’ package is being blocked Senator from New York (Mrs. CLIN- guage by Senator KOHL of Wisconsin to by one or two of my friends on the TON), the Senator from Massachusetts

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6521 (Mr. KENNEDY), and the Senator from Mr. REID. Mr. President, for the in- national Force Iraq. As the Multi- Illinois (Mr. OBAMA) are necessarily ab- formation of all Senators, I have been national Force Iraq commander, Gen- sent. advised by Senators DODD and SHELBY eral Petraeus has led a shift in tactics Mr. KYL. The following Senator is that they likely will be able to finish in Iraq, helping to calm, hopefully per- necessarily absent: the Senator from their work on the housing bill today. manently, very violent sectarian con- Arizona (Mr. MCCAIN). We have also pending a cloture vote flict. The PRESIDING OFFICER (Mr. tomorrow morning on the PEPFAR If confirmed as CENTCOM com- WEBB). Are there any other Senators in bill. I have had a conversation with the mander, General Petraeus would con- the Chamber desiring to vote? Republican assistant leader and we tinue to oversee the U.S. troops in The yeas and nays resulted—yeas 84, kind of know where we are on this Iraq, drawing on his knowledge of the nays 12, as follows: issue. We could, with consent, move situation on the ground and his work- [Rollcall Vote No. 170 Leg.] that vote up today or do it in the ing relationships with Iraqi political YEAS—84 morning. Whatever, we on this side and military leaders. He would also be Akaka Durbin Murkowski would be satisfied to do it today. responsible for addressing an increas- Alexander Feingold Murray I have had a conversation with Sen- ingly violent insurgency in Afghani- Allard Feinstein Nelson (FL) ator BIDEN, who has helped a great deal stan and other important national se- Baucus Graham Nelson (NE) Bayh Grassley Pryor on this piece of legislation, and he said curity interests throughout the Bennett Gregg Reed he was going to confer with Senator CENTCOM region. Biden Hagel Reid LUGAR to see if the last kinks can be General Odierno is well qualified for Bingaman Harkin Roberts worked out. Frankly, that is doubtful. his new duties, with 32 years of uni- Boxer Hatch Rockefeller Brown Hutchison Salazar So we can either have that cloture vote formed service, including 2 tours in Brownback Inouye Sanders in the morning or this afternoon, and Iraq, first as commander of the 4th In- Burr Isakson Schumer we await the word of the minority as fantry Division, and until recently as Byrd Johnson Sessions commander, Multinational Corps Iraq, Cantwell Kerry Shelby to what they wish to do on that issue. Cardin Klobuchar Smith f in which he worked directly under the Carper Kohl Snowe command of General Petraeus. He has Casey Landrieu Specter EXECUTIVE SESSION assisted the change in operational ap- Chambliss Lautenberg Stabenow Cochran Leahy Stevens proach in Iraq toward counterinsur- Coleman Levin Sununu NOMINATIONS OF GENERAL DAVID gency. He understands that Iraqis must Collins Lieberman Tester H. PETRAEUS AND LIEUTENANT achieve political reconciliation to Conrad Lincoln Thune unite their country and to provide Corker Lugar Voinovich GENERAL RAYMOND T. ODIERNO Craig Martinez Warner TO BE GENERAL more effective governance for Iraq. He Dodd McCaskill Webb understands the importance of and is Dole McConnell Whitehouse The PRESIDING OFFICER. Under committed to increasing the Iraqi se- Domenici Menendez Wicker the previous order, the Senate will pro- Dorgan Mikulski Wyden curity forces technical capability, proceed to executive session and consider fessionalism, evenhandedness, and full NAYS—12 the following nominations, which the integration so they can eventually as- Barrasso Cornyn Enzi clerk will report. sume total and effective responsibility Bond Crapo Inhofe The assistant legislative clerk read Bunning DeMint Kyl for their own nation’s stability. He un- Coburn Ensign Vitter the nominations of Gen. David H. derstands the recent gains in reducing Petraeus and Lt. Gen. Raymond T. NOT VOTING—4 violence, controlling militias, and re- Odierno, Department of the Army, to jection of al-Qaida must be supported Clinton McCain be general. Kennedy Obama and expanded by an Iraqi Government The PRESIDING OFFICER. Who which grows more capable and is more The PRESIDING OFFICER. On this yields time? attuned to meeting the needs of the vote, the yeas are 84, the nays are 12. The Senator from Michigan. Iraqi people. And most importantly, Three-fifths of the Senators duly cho- Mr. LEVIN. Mr. President, we have General Odierno understands the neces- sen and sworn having voted in the af- these two nominations before us. I un- sity for Iraqi political leaders to take firmative, the motion is agreed to. derstand the vote on the two nomina- responsibility for their own country— Cloture having been invoked on the tions will take place at 2 p.m. or there- to take responsibility politically, eco- motion to disagree to the two remain- abouts. nomically, and militarily. ing House amendments, the motion of- The Senate Armed Services Com- So our country, I believe, is indebted fered by the majority leader to concur mittee unanimously approved the nom- to the service of General Petraeus and with an amendment to the first such ination of General Petraeus for re- General Odierno for their willingness House amendment falls. appointment to the grade of general to continue that service, and we are ORDER OF PROCEDURE and to be commander of the U.S. Cen- also indebted to their families for the Mr. REID. Mr. President, under an tral Command, and also the nomina- sacrifices those families endure when order entered yesterday with respect to tion of LTG Raymond Odierno for ap- their two loved ones spend so much Executive Calendar Nos. 665 and 666, I pointment to the grade of general to be time in such difficult areas. now ask unanimous consent that upon commander of the Multinational Force I urge my colleagues to support these conclusion of the cloture vote with re- Iraq. The confirmation of these nomi- two nominations. spect to the House message to accom- nations will provide a continuity of The PRESIDING OFFICER. The sen- pany H.R. 3221, regardless of the out- senior military leadership for the re- ior Senator from Virginia. come, the Senate proceed to executive gion and for Operation Iraqi Freedom. Mr. WARNER. Mr. President, I wish session to consider the nominations as This continuity in U.S. military lead- to inform the chairman that I shall provided for under the conditions and ership will be helpful in working with speak myself, and Senators SESSIONS, limitations of the previous order; fur- regional and Iraqi political and mili- CHAMBLISS, and GRAHAM also hope to ther, that upon conclusion of the de- tary leaders. be recognized. I have inquired at the bate or yielding back of time on the General Petraeus brings a large desk, and there is some flexibility in nominations, the nominations be set amount of experience and leadership to our time here this morning, and we aside until 2 p.m. today, at which time the position of CENTCOM commander. will go from one side to the other if the Senate then proceed to vote on He has served over 30 years in the mili- Senator LEVIN has colleagues who are confirmation, as specified in the pre- tary, including 3 tours of duty in Iraq, going to speak. vious order. first as commander of the 101st Air- Mr. LEVIN. Mr. President, on that The PRESIDING OFFICER. Is there borne Division, then as commander of point, what is the time situation? objection? the Multinational Security Transition The PRESIDING OFFICER. Under The Chair hears none, and it is so or- Command Iraq, and since February of the order, there is 20 minutes equally dered. 2007, as commander of the Multi- divided.

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I have no to achieve the goals but at the same our mission in Iraq and safeguard our objection to Senator WARNER’s yielding time protect our Armed Forces. 150,000 servicemembers in Iraq. to the Senators he has identified, or I say ‘‘with’’ because the nations of With the right leadership—which other Senators speaking beyond that 9 Iraq and Afghanistan are now sov- these two generals can provide—Iraq minutes, or whatever time he has. But ereign nations. As such, we are there will continue to benefit from the im- I will have to reserve the remainder of by consent of that sovereignty to work plementation of our current military my time, because I think there may be with their forces. and security strategy. I feel honored to speakers on my side who may oppose I also add that I don’t know that I have witnessed the efforts of these two the nominations, and I want to protect have ever experienced a dimension in soldiers and am certain that their lead- them if they do. So I ask that same contemporary times where the profes- ership will continue to successfully courtesy then be agreed to by the good sional officers have had to work so guide our efforts in Iraq. Senator from Virginia, if there is addi- very closely with other members of the I have had the opportunity to visit tional time needed on our side for executive branch, notably the National one on one with both General Petraeus speakers. Security Council and the Department and Lieutenant General Odierno on the Mr. WARNER. Mr. President, subject of State, working hand in hand. multiple trips I made to Iraq. I often to my leadership, I will certainly rec- The current Ambassador in Iraq, Am- refer to David Petraeus as being the ommend that be done. bassador Crocker, is well known in the best soldier that the U.S. Army has Mr. President, very simply, two of Senate, and I believe extremely ad- today. General Odierno is right there America’s finest sons are before this mired and respected for the services he with him. They have the greatest men body with the very important responsi- has rendered. He has been a partner and women serving under them. With- bility entrusted by the Founding Fa- with General Petraeus in working out their outstanding leadership, cer- thers as they wrote the Constitution of through their individual responsibil- tainly we would not have been able to the United States; namely, that the ities, coming before the Congress joint- accomplish what we have in Iraq over Senate shall give advice and consent. I ly to make their reports. They know the past year and a half. have had the privilege through my life- the region, they know the background, The first time I saw David Petraeus time to be associated with many senior and they are fully qualified to under- in action in Iraq was while training officers of all branches of our military. take these responsibilities. Iraqi security forces. He did a great job I say unreservedly, these are two of the At this point, I would like to yield correlating the efforts of the Iraqi most extraordinary that I have been the floor to my other colleagues. I may military on the ground with the secu- privileged to know and work with in have a few closing remarks. rity forces. He had a way of directing my long career. I see the distinguished Senator from the Iraqi military commanders in a On many trips to Afghanistan and to Georgia, a member of the Senate way that was extremely unusual, very Iraq with the distinguished chairman Armed Services Committee. positive, and very professional. of the committee—we so often travel The PRESIDING OFFICER. The Sen- Today, what we are seeing as a result together—on a number of those occa- ator from Georgia is recognized. of the efforts of David Petraeus is an sions we worked directly with General Mr. CHAMBLISS. Mr. President, Sen- Iraqi military that is growing stronger, Petraeus and General Odierno. There- ator WARNER, Chairman LEVIN, thanks more confident and in the short term, fore, they both have my strongest en- for getting these nominations up in is going to be in a much better position dorsement, and I congratulate them in- short order. than certainly they are even today of dividually and I also congratulate their I rise to speak in favor of the nomi- protecting the citizens of Iraq from ex- families. These are two fine officers, nations of GEN David Petraeus to be ternal sources. They will also help the and their families have participated in Commander, United States Central security forces provide domestic secu- their careers and backed them. If you Command, and LTG Raymond Odierno rity for Iraqi citizens. look at the length of service that each to be General and Commander, Multi- General Odierno has made great sac- has had in four deployed regions, most National Forces—Iraq. rifices by being away from his family specifically Iraq, it has been a very ex- Over the past few years under the for so long. He just returned from Iraq. tensive period of time, and the con- leadership of these two men we have Now we are asking him—and he has sequences on the family are often dif- seen vast improvements in the condi- graciously committed, once again, for ficult to bear. But the families have tions on the ground in Iraq, the quality the benefit of service to our country— stood by these fine officers through and number of the Iraqi security to return to Iraq to be in the position these long deployments. forces, and increasing ownership of the of commander on the ground. He is Both nominees have had extraor- political process and issues facing their truly a great individual and certainly dinary experience, and therefore I an- country by the Iraqi government and his record in the military speaks for ticipate we will have a very positive the Iraqi people. These accomplish- itself. confirmation by the Senate. They are ments are due to the efforts of our Both of these men deserve our ut- highly experienced, indeed specifically young men and women in uniform who most respect and certainly a strong trained. I sort of edited that word into have sacrificed to defend our values vote in this body confirming their posi- my remarks because they have served a and build democracy in Iraq. General tions. number of times in Iraq and moved up Petreaus and General Odierno have led In closing, let me say a commitment to higher responsibilities—in the case these men and women and they have to the military is a family commit- of General Odierno, and in General done so ably, wisely, and with integrity ment. Both General Petraeus and Gen- Petraeus, he takes on responsibility for and professionalism. They are without eral Odierno have made great sacrifices the entire region. But he is magnifi- question the right men for the jobs for being away from their families for ex- cently trained to do so. which they have been nominated. tended periods of time—not just while Further, as we approach, again, our Our young soldiers, sailors, airmen, they have been serving our country in constitutional system by which we and marines in Iraq and Afghanistan Iraq and Afghanistan but certainly pre- change Presidents, there is a con- have had the opportunity to be led by vious to that time also. I do know they tinuity that these two officers offer by some of the greatest military leader- have been away from home for an ex- virtue of serving in these positions, if ship we have witnessed in our era. Gen- tended period of time. Without the it is the will of the next President. eral Petraeus and General Odierno em- great support of their families they That is invaluable in this region. That body our military values and leader- would not have been as successful as

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6523 they have. I salute their families as President Bush had asked him to go Mr. WARNER. Mr. President, I thank well as saluting them both. back and do that important task. It our distinguished colleague from Ala- I urge this body to give a strong and was a critically important task, the bama, a member of the committee. He resounding vote in favor of these two President believed, and General is a very strong voice. I only add to men for the positions for which they Petraeus was one of the most talented your observations, which are very ac- have respectively been nominated. people we had, so he was asked to go curate about the situation in Iraq, we I yield the floor. back. He worked in that capacity for a all share a concern about the wors- Mr. WARNER. I thank the Senator year. ening situation in Afghanistan, and from Georgia. He is a strong voice on He came home and then wrote the that will become General Petraeus’s the Senate Armed Services Committee. counterinsurgency manual for the De- top responsibility. We are fortunate His views with regard to the qualifica- partment of Defense. This thick man- that he is eminently qualified and has tions of these two officers with whom ual is a doctrinal statement on how to studied the culture of the region, hav- he has worked over these many years confront and defeat an insurgency, a ing understood the complexity, the are of great value to the Senate. very important skill at this time in geopolitical situation with regard to Mr. President, I see the presence on history. The ink was hardly dry on Pakistan and Iran. He is eminently the floor of our distinguished col- that document when President Bush qualified to step in and be the com- league, another member of the com- and the Secretary of Defense asked him mander of those forces in that region. mittee, Senator SESSIONS. to go back to Iraq and command our Mr. SESSIONS. I agree. I note he has I yield the floor. forces. a Ph.D. from Princeton in inter- The PRESIDING OFFICER. The Sen- So in February of 2007 we confirmed national relations. He has taught that. ator from Alabama is recognized. him by an overwhelming vote to go So you are right. He has the combat Mr. SESSIONS. Mr. President, I back and lead our forces in Iraq. Dur- experience as well as the geopolitical thank Senator WARNER. I would share ing that time the surge was debated, expertise. a few thoughts. You might ask why is and the Congress overwhelmingly, in a Mr. WARNER. But his boots are on it that generals throughout our his- bipartisan way, confirmed General the ground now, not writing disserta- tory, particularly successful generals, Petraeus to go to Iraq. And later in tions. have been as popular as they have May we voted to fund that surge. The Mr. President, I see our distinguished been? I think it is because they are phrase often used was: to give General colleague from South Carolina. called upon to lead our soldiers in a Petraeus a chance. We wanted to give I yield the floor. life-and-death struggle. And at given him a chance to employ new tactics a The PRESIDING OFFICER. The Sen- times in history, some people’s talents and more classic counterinsurgency ator from South Carolina. and gifts and understanding of the na- doctrine, in which he was an expert. As Mr. GRAHAM. Mr. President, I wish ture of the combat are such that they a man who had already spent 2 years in to thank Senator LEVIN and the com- can bring us to success with the least Iraq, he was already closely attuned to mittee for moving these names forward possible cost and the least number of all of the difficulties in that country. so we can get these two fine men into lives lost. I believe—not that other He went back and had extraordinary new jobs. The committee worked very generals are not as good or as decent success. decisively and quickly, and we are people—but at certain times certain General Odierno has also been there going to have a vote here soon. I hope people have those capabilities. all along, and played an instrumental we can get as close to 100 as possible. In General Petraeus we are fortunate role in the U.S. military’s success. I My observation about these two offi- to have one of our finest commanders. had the opportunity to visit with him cers is very similar to what Senator We are particularly fortunate that his twice in Iraq, an extremely important SESSIONS said. But having met them gifts and graces and talents are such man. In the Weekly Standard, Fred- and spent some time with them in the- that they are perfectly suited to the erick Kagan and Kimberly Kagan, very ater, and I got to know them pretty type of combat in which we have been astute observers of the scene in Iraq, well, I need to say something on their involved. He was a commander of the referred to General Odierno, as: ‘‘The behalf, that they could have not done 101st Airborne. He is a warrior. He Patton of Counterinsurgency.’’ They this without the people under their knows the nature of combat. He is a said: command. sensitive and decent person, but he un- With a sequence of brilliant offenses, Ray- I have spent a lot of time in Iraq, like derstands the nature of combat and the mond Odierno adopted the Petraeus Doctrine many Members here. The soldiers, sail- importance of victory. He knows how into a successful operational art. ors, airmen, marines, members of the to impose a cost on an enemy and min- So we are lucky to have a good team Coast Guard, every civilian force, have imize the losses to the American side. here. The Kagans refer to generals performed magnificently. General I think we are lucky to have him. coming in pairs. They noted: Eisen- Petraeus came up with a new strategy. He finished at the top of his class at hower and Patton, Grant and Sherman, Quite frankly, before he came along we West Point, one of their outstanding Napoleon and Davout, Marlborough were losing. graduates. He was No. 1 in his class at and Eugene, Caesar and Labienus. Well, You can talk about Iraq in any terms the Army’s Command and General I do not know why he did not mention you want to, political or otherwise. Staff College. He has a Ph.D. from Lee and Jackson in that group. But But it was my view that the situation Princeton University in international generals do often come in pairs, and on the ground in Iraq, before this new relations. He has taught that subject as this pair is unique. strategy, was going to result in losing, well. Now General Petraeus will be moving that we were losing ground against the When I first met him he was in Iraq. up to command the Central Command. insurgency and that General Petraeus The 101st had taken Mosul in the Of course his most critical areas are and General Odierno came up with a north. He had a superb grasp of the sit- Iraq and Afghanistan. General Odierno new way of doing business, getting the uation. He was reaching out to rec- will be replacing General Petraeus, and troops out into the field, the joint se- oncile the disparate groups. He intro- I believe we could not have a better cir- curity stations, where our soldiers duced me to the town council. One cumstance from a command point of would live with the Iraqi police and the member was a Kurd and one was a view. I could not be happier with the army. Christian and one was a Sunni and one team we have there. I will note that This has transformed the Iraqi Army, was a Shia. It was an effort that he un- this May, under their leadership, we and the police are getting better. You derstood was important: to reconcile saw the fewest U.S. deaths of any see this in Basra, you see this in Mosul the differences there. After his depar- month since the war began, and July is where the capacity of the Iraqi Army is ture, things did not go as well as when currently on pace to see even fewer. a lot better than it was the last year in he was there. Remarkable progress has happened. We terms of the capability and numbers. It The second time I met him in Iraq should confirm these people and be was a direct result of changing strat- was when he was in charge of training most thankful that we have them as egy, getting out from behind the walls, the local Iraqi police and military. leaders. taking the fight to the enemy. The

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I am proud from Virginia for his comments on the The political progress we have seen to say that in this bill, we were able to pending nominations. deliver $1 billion of relief, literally $1 with 15 of the 18 benchmarks being met But I wanted to take a moment to by the Maliki government is a direct billion of relief to homeowners who you speak about the housing bill that could argue deserve more help than al- result of Ambassador Crocker and Gen- passed. It was a very significant piece eral Petraeus sitting down with the most any group of homeowners in of legislation. On behalf of the people America. Iraqi leadership and doing a lot of hand of Louisiana, I wanted to come to the holding. Again, these homeowners are suf- floor to specifically thank Senator fering kind of a double whammy. Not The military side of this is impor- DODD for his extraordinary leadership tant, but I hope the members of the only did they go through Katrina and and tenacity in getting this bill Rita, but they are also now in an at- body will appreciate how sophisticated through the floor of the Senate. It has General Petraeus, General Odierno, and mosphere of a slow real estate market; been stuck for weeks. He got it in some places a market that is spi- Ambassador Crocker have been when it unstuck this morning and passed it, comes to the economic and political as- raling downward because of the atmos- and it has significant relief for home- phere of the country and the economy; pects of this. They have put money owners throughout America, to help us into projects that changed the quality although actually at home our econ- stem the foreclosure rate, to stem the omy relative to the country is doing of life in Iraq, that got people more tide of economic downturn in many emboldened to join with the Govern- pretty well. counties throughout our country. But This underlying bill provides relief to ment. They pushed the Sunnis, the for Louisiana, it has some very special homeowners along the gulf coast who Shiaas, and the Kurds to reach polit- relief. Part of that bill was actually had their homes destroyed after Hurri- ical compromise. crafted by Senator BAUCUS and Senator canes Katrina, Rita, and Wilma. In These are two of the most talented GRASSLEY as chair and ranking mem- 2005, thousands of people along the gulf politicians I have ever met, even ber of the Finance Committee, and coast took casualty loss deductions on though they are in uniform. They are there was a big piece of that in this their tax returns due to damage that American commanders who were dealt housing bill. In that Finance piece was their properties sustained from the a tough hand. And the politics of Iraq a tax relief provision that is, in my hurricanes. they understood as well, I believe, as view, central, crucial, and vital to the In 2007, many of the same people the counterinsurgency problems the recovery, ongoing recovery of South began to receive payments to cover un- military faced. What they have Louisiana and the gulf coast. insured losses to their property under brought to the table will go down in We added this language to the Fore- Louisiana’s Road Home program, Mis- history as the most successful counter- closure Prevention Act back in April, sissippi’s Housing Assistance program insurgency operation in the history of where it passed the Senate on a 74–5 and similar programs in Florida and in warfare. I have worked on judicial vote and I am pleased to see that the Texas. issues. They provided security to the combined housing package preserves The IRS has concluded, however, judges, additional capacity in the rule this critical assistance. that individuals who took the casualty of law area. General Petraeus told me In short, the legislation ensures that loss deduction in 2005 and subsequently early on: The population has to believe hurricane survivors are treated both received a grant payment must add the in the law, because if they do not be- fairly and with dignity as they struggle value of the casualty loss deduction lieve in the Government and the law, to rebuild their lives. their 2007 income. they will go to militias. As you know, when these storms, This decision not only increases the So we celebrate the success of these Katrina and Rita, hit, now 3 years ago, amount of taxable income but also: in- two men. But on their behalf, I wish to they were unprecedented in the size creases an individual’s tax rate by thank all of those who served under and scope of the destruction. This bumping them into a higher tax brack- them, because they are the ones who country has not seen anything like it et; subjects certain taxpayers to the made it happen, along with great lead- in well over 100 years, and hopefully we Alternative Minimum Tax; phases out ership. We are winning now. We have will not see anything like it for an- deductions; subjects an individual’s So- not won yet, but the difference in Iraq other 200 or 300 years. When we went to cial Security benefits to additional before and after is stunning. It is for the Federal toolbox, if you will, to see taxation; and makes a taxpayer ineli- all of us to see—progress politically, what tools were available to help the gible for Federal student load aid. economically and militarily. I look for- 250,000 homeowners who lost their So this relief was absolutely essen- ward to promoting these two fine offi- homes, many did not have insurance tial. Take the example of two very cers. Hats off to them and all those because their homes were paid for, or similar families—the Jones and the who serve in Iraq. they were not in the flood plain. They Smiths. Both earn $75,000 a year and Mr. WARNER. Mr. President, I thank lost everything, their homes, their both had homes that suffered substan- our colleague from South Carolina. He business, their place of worship, the tial damage in Hurricane Rita. Both of is too modest to say it, but I think he schools their children went to. So when the families received a road home has logged as many trips into that re- we went to the toolbox, there were not grant of $75,000 in 2007 to cover unin- gion as any of us here, very often in adequate tools to help them. We have sured losses to their homes. So at this the company of Senator MCCAIN, who been crafting those tools slowly. It has point, they are exactly the same. likewise has strong support for both of been agonizing for people who are wait- In 2005, however, the Smiths took a these officers. I thank the Senator for ing for us to give them a hand. $75,000 casualty loss deduction which his work and his important contribu- Many of these taxpaying, hard-work- entitled them to a refund of about tion to the debate. ing citizens are not asking for charity; $7,000. they are asking for a chance to get According to the IRS, the Smith fam- f their business back, get their feet back ily had to add the value of their 2005 underneath them. casualty loss deduction, totaling As you know, I am sure it is this way $75,000, to their 2007 income. So what is LEGISLATIVE SESSION in Virginia. Most middle-class and the result of this? The PRESIDING OFFICER. The Sen- upwardly mobile families have most of The Smith family had to pay $25,000 ate will return to legislative session. their net worth tied up in their home. in taxes while the Jones family will

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This bill commencement date to ensure that the men and women of CalFire and the U.S. would permit taxpayers to amend their gulf coast can sustain and strengthen Forest Service as well as the California 2005 tax returns to reduce or eliminate its recovery in the housing and com- National Guard and all of the local fire their casualty loss deductions. By mercial sectors. It does not change the departments who have gone above and eliminating or reducing their casualty completion date. By doing so, we can beyond the call of duty in fighting loss deduction, they will not have to continue to build new residential and these fires. pay taxes on their road home grants. A commercial properties that are nec- Your courage and swift action during current IRS regulation forbids individ- essary to our recovery. this recent series of firestorms have uals from amending their returns I know this overall bill contains truly been heroic. You have risked under this circumstance. many critical parts to address our Na- your health and your well-being for the So what effect would the bill have tion’s housing troubles but I thought benefit of our people, of our commu- upon the Smith family. At the outset, that it was important to personalize nities, and we are all grateful. You are they will not have over a 350 percent how this bill will help thousands of the heroes. increase in their taxes. They will, how- people struggling to rebuild on the gulf Some 233 firefighter injuries have ever, have to pay back their refund coast. been reported in the past few weeks— they got in 2005, which would be about I am very proud of the Senate. I do 233 firefighter injuries—and that is a $7,000 in addition to their normal taxes. believe we should give tax relief when testament to the great personal risk So by no means does this bill allow a it makes sense. This most certainly these men and women undertake every free ride or any sort of ‘‘double dip- makes sense. And $1 billion is a lot of day. These fires are unpredictable. The ping.’’ They still have to undo their money. I know we are struggling to winds are unpredictable, and the dan- casualty loss, but they will not be pro- balance our budget, but I think this ger shifts at a moment’s notice. viding the IRS a windfall in taxes. was a very worthy expenditure. I thank I am sad to report that these fires Finally, behind the numbers, it is im- Senator DODD again, thank Senator have claimed the life of one of our fire- portant to remember that these are GRASSLEY and Senator BAUCUS particu- fighters. Robert Roland, who had been real people who have undergone a trau- larly for remembering the families on with the Anderson Valley Volunteer matic event, having their homes de- the gulf coast and for helping them to Fire Department in Mendocino County stroyed. achieve substantial tax savings by the for only 3 months, passed away on July The Smith family, before Senator passage of this bill. It will go a long 3, 2008, battling wildfires near the town GRASSLEY and Senator BAUCUS came to way, with the other provisions in this of Philo. He was 63 years old—a volun- their aid, would have had to pay over bill, to help our recovery that is under- teer firefighter. $24,000 in taxes. These families literally way in the Gulf of Mexico. One of America’s greatest strengths are struggling to pay their electric bill, Madam President, I yield the floor is its spirit of voluntarism, and no- their utility bills, trying to pay double and I suggest the absence of a quorum. where is that spirit more evident than mortgages, rent and a mortgage on a The PRESIDING OFFICER (Mrs. in the tradition of volunteer fire- house trying to keep their house to- MCCASKILL). The clerk will call the fighting. gether. They could not have possibly roll. We mourn his loss, and we remember come up with $25,000. That is what we The legislative clerk proceeded to and give thanks for his selfless efforts have corrected it. call the roll. and those of all the firefighters—volun- I thank this Senate for sending spe- Mrs. BOXER. Madam President, I ask teer and professional—who put their cial care and attention to a group, hun- unanimous consent that the order for lives on the line throughout California. dreds of thousands of homeowners. It is the quorum call be rescinded. The scale of these fires so early in not millions, it not tens of millions, The PRESIDING OFFICER. Without the year is a stark reminder that we but it is hundreds of thousands of objection, it is so ordered. cannot afford to shortchange our fire homeowners along the gulf coast who CALIFORNIA FIRES preparedness. Being prepared means would truly benefit immediately and Mrs. BOXER. Madam President, I making sure adequate resources are correctly. This money will go into rise today to express my deep gratitude available to fight and prevent fires. their pocket and hopefully they will be to the men and women who are fight- That is why I have consistently fought spending it on their new home or their ing the wildfires now raging in my against the proposed cuts to the Assist- new apartment or using it to pay back magnificent State of California. Over ance to Firefighters Program. This pro- bills they had to charge to their credit the last month, a swarm of dry light- gram provides Federal grants for equip- cards to literally survive these last ning storms sparked more than 1,800 ment and training to local fire depart- several years. fires across drought-ridden land in ments and emergency medical services This bill also extends an important California. organizations. I do not think you need provision to spur investment in resi- Governor Schwarzenegger and Presi- to look farther than the efforts being dential and commercial property along dent Bush have declared a state of undertaken to save lives and protect the gulf coast. In response to Katrina emergency in 11 counties and crews are communities right now in California to and Rita, Congress enacted legislation still working to bring under control understand that those proposed cuts that would permit bonus depreciation over 300 fires burning across more than are wrongheaded. on new buildings. 600,000 acres of public and private land. Preparedness is about more than In order to take advantage of the Three hundred fires, and it is early funding. It also means making sure we bonus depreciation, investors needed to July, and we do not get rain usually have a fully staffed firefighting force start construction on the property by until November. on our public lands. December 31, 2007, and have the prop- In the fight against these fires, sup- I am concerned about the reports of erty placed into service by December port has come from all quarters, in- inadequate staffing in our national for- 31, 2008, for lesser damaged counties cluding the National Guards of 11 ests in California. Earlier this year, I and parishes and by December 31, 2010, States. I say to my colleagues all: called on the U.S. Forest Service to re- for the most damaged counties and par- Thank you for your contribution. Help solve the pay disparities and retention ishes. has come from the U.S. Marine Corps, issues that have prevented them from However, replacing the basic infra- the Navy, even from NASA. recruiting and keeping qualified Fed- structure needed to begin this con- I give special thanks to the more eral firefighters in California. struction has been slow and difficult. than 18,000—18,000—local, State, and We also need to support the State New environmental standards, building Federal firefighters who have put their and local efforts in order to manage

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Local communities and port provided by the Administration has who believe in this country, who be- State agencies that do their part to re- been very helpful thus far, the severity of lieve in the American dream, who are the ongoing fires and the strong potential for move hazardous fuel on local and State more fires indicates an urgent need for addi- fighting to keep their way of life in lands should not be left at risk for fires tional resources and support. this country today. because inadequate funds limit haz- The residents of California need the Ad- Mrs. BOXER. Madam President, will ardous fuel reduction on Federal lands. ministration’s continued assistance and co- my friend yield for a question? The Federal Government must be a operation in protecting their lives and prop- Ms. STABENOW. I will be happy to. good partner in not only fighting the erty. Mrs. BOXER. I am just stunned that wildfires but in preventing them. That Madam President, this is one Nation Phil Gramm, who is a top adviser to is why I have urged that we include under God, and we know that, and we Senator MCCAIN—would you repeat ex- $910 million for U.S. Forest Service and say it when we pledge allegiance every actly what he said? Interior Department firefighting and day here. Ms. STABENOW. Yes. I would be fire prevention efforts—including ef- The fact is, we need to come to the happy to. He said the Nation is in a forts such as hazardous fuel reduc- aid of our citizens, whether it is in the mental recession, not an actual one, tion—in the legislation that Congress devastating floods in Iowa or it is Hur- and suggested that the United States is expected to take up this session to ricane Katrina or it is the fire that I has become a nation of whiners. address critical domestic priorities. well remember in North Dakota or Mrs. BOXER. Let me get this The unprecedented onset of the fire what is happening today in California. straight. Senator MCCAIN’s top ad- season in California is an important re- We must work together. I want to viser—one of his top advisers on the minder that we cannot afford to con- say right now that I will be making a economy—says we are in a mental re- tinue reducing the resources available call to the head of Homeland Security, cession, there is no actual recession, for disaster preparedness and expect Mr. Chertoff. I hope he has heard my and we are whining about it. emergency responders to still be able words. I hope he has received a copy of Ms. STABENOW. Right, absolutely. to effectively protect our communities. my letter. We are going to need this Mrs. BOXER. Let me ask my friend, They are exhausted. They are work- help quickly. We expect—and this is what does she hear in her State about ing overtime and more. I want to read right from my Governor—about a 5- gas prices from her constituents? from a letter I am sending today to month problem here. This is not going Ms. STABENOW. Madam President, I President Bush. I wrote this letter to be a momentary problem. We need a thank my friend from California, who after speaking at length with my Gov- long-term commitment from everyone comes to the floor and fights every day ernor, Governor Schwarzenegger: in order to save lives and save property on behalf of middle-class Americans With over 300 fires still actively burning in and allow our firefighters a little bit of and people struggling to make it. We in California, I am writing to request that you rest, because when they are exhausted, Michigan have the highest unemploy- immediately allocate additional resources to their lives are put in danger, and we ment rate in the country—8.5 percent assist with ongoing firefighting efforts cannot have that. as of the last numbers. So people are throughout my state. Governor I thank you very much for the time, losing their jobs. Schwarzenegger has informed me that an ad- Madam President, and I yield the floor. Mrs. BOXER. Is that mental? Do they ditional 41 helicopters, 302 hand crews, 616 fire engines, and 773 support personnel are The PRESIDING OFFICER. The Sen- just think they are unemployed but urgently needed to help the thousands of ator from Michigan. they are really employed? What is he Federal, State, local, and volunteer fire Ms. STABENOW. Madam President, I talking about? fighters who are working so hard to protect ask unanimous consent to speak as in Ms. STABENOW. The Senator from our communities from these dangerous fires. morning business. California is absolutely right. The fact Governor Schwarzenegger also informed The PRESIDING OFFICER. Without is that folks who are losing their jobs me he plans to call up as many as 2,000 more objection, it is so ordered. or who are seeing their wages cut in members of the National Guard in addition Ms. STABENOW. Thank you, Madam half are seeing gas prices go up and up to the over one thousand members that are President. currently supporting fire fighting activities. and up. In order to ensure that our National Guard is THE ECONOMY We have had two oilmen in the White ready for this mission, I request that the Ad- Madam President, I come to the floor House for 8 years, and we have had now ministration make available out-of-State after reading something I find very the highest gas prices we have ever had Federal firefighters to help train National shocking. This is evidently in an inter- to pay while they protect oil profits, Guard members for fire fighting duties. Ac- view with the Washington Times, re- oil company profits over and over tive fire crews are currently being taken ferred to today by Jonathan Weisman. again. This is not an accident, what away from the front lines of fires to train It has this quote. Former Senator Phil has happened here. I think it is almost National Guard members, but if Federal personnel were on scene to help train new arriv- Gramm, a top policy adviser of Senator too obvious. We have two oilmen in the als, our crews could continue to fight active JOHN MCCAIN’s, said the Nation is in a White House, and we are in the situa- fires. ‘‘mental recession,’’ not an actual one, tion we are today, with families strug- I might say what is happening is we and suggested the United States has gling to get to work, to get the chil- are taking firefighters off the line to ‘‘become a nation of whiners.’’ dren to childcare, maybe to go on a va- train the National Guard because they Senator MCCAIN is in my State of cation, who can’t hold things together, need to be extensively trained in fire- Michigan at this moment today. I cer- and they are looking around, saying: fighting, and we need to get those fire- tainly want to go on record here on the What in the world is happening? Now, fighters back on the line. So if we floor of the Senate to say that the peo- we are hearing from a top adviser of could have some Federal firefighters ple of Michigan are not whiners. The someone who wants to be the next sent in, we would be able to keep these people of this country, who have seen President that this is a mental reces- firefighters on the line. their jobs slip away—over 325,000 jobs sion and that we are whiners. The Governor has also informed me that he since January, good-paying American Mrs. BOXER. Will my friend continue requested the U.S. Forest Service’s Max- jobs—are not whiners. People have seen to yield? imum Efficiency Level be increased to 100 gas prices going up and up and oil Ms. STABENOW. I am happy to. percent for the current fire season in Cali- prices doubling over the last 10 Mrs. BOXER. I didn’t expect to stay fornia. This will allow Federal incident com- months. This is not a nation of whin- here and engage my friend, the Senator manders to make tactical firefighting deci- ers. We are seeing food costs go up, from Michigan, but when she read sions as needed to protect lives and homes health care costs go up, gas prices go this—I know what her State is going without having to receive prior approval up, everything in people’s lives going through, and I have to say that Cali- from the Office of Management and Budget. I strongly support his request and urge you up. Every middle-class family, every fornia is suffering as well. If it were to grant it immediately. family in America is struggling while not for the fact that we have seen com- This unprecedented start to the fire season they see their wages go down, if they panies invest in alternative energy, in California has put incredible stress on the have a job at all. This is not a nation and that is taking some of the jobs—

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6527 and thank goodness—away from a What we have seen over the last 8 that we will put them and their fami- crumbling housing industry, we would years is the creation of a race to the lies first, that we will do everything be in worse shape. We are not in good bottom in a global economy, a race to possible to create a climate where they shape in California. We have real prob- the bottom where the average Amer- can get a good-paying job and work lems. ican is told: If you only work for less, hard every day and know that if they My friend from Michigan makes a pay more in health care, and lose your play by the rules in America, they are good point. Two men in the White pension, maybe we can be competitive. going to be able to have a better life House—and I remember when George As Democrats, we believe in a race to for their children than they have had Bush was running in the beginning and the top. As Democrats, we believe it is for themselves. That is all on the line saying: Well, put two oilmen in the critical that we address the squeeze right now in America because of what White House, and we will see how we middle-class families are feeling if we has been happening in the last 8 years. will deal with gas prices. Well, we have are going to have an economy. We are not a nation of whiners. seen. What has made us strong among na- America is going through tough times. Is my friend aware that since George tions around the world is a strong, vi- Even though times are tough, so are Bush and DICK CHENEY—two oilmen— brant middle class, folks who can have we. We are tough, resilient, hard-work- took over the White House, we have the American dream, who know they ing people. I am proud of the people of seen about a 255-percent increase in the can have that job. In Michigan, it is to my State who are working hard to cost of gas per gallon? Is my friend have a home and maybe a little cottage keep their heads above water, to keep aware of that? up north or a boat to go around the their families and their houses, to be Ms. STABENOW. I am aware of that. beautiful Great Lakes and enjoy fish- able to keep some kind of an income It is outrageous. It is so stunning that ing and hunting and know they can coming in in the midst of all of this. I this would be happening and be so obvi- send the kids to college—all of those am proud to fight for them every day, ous in terms of allegiance. things that have meant the great along with a caucus that understands Mrs. BOXER. Let me ask one more American dream for families in Amer- what is happening and which is going question, and then I will leave her to ica. It is slipping away because of the to do everything we can to turn this the rest of her remarks. I know she has policies of the last 8 years, not paying around. some thoughts she needs to share. As attention to what is happening to our I ask unanimous consent that fol- Phil Gramm, the economic adviser to global economy and making it worse lowing my remarks, Senator GRASSLEY JOHN MCCAIN, says that Americans are by, in fact, protecting those whose be recognized to speak, to be followed whining, we all know that the middle by Senator PRYOR. class is suffering, as the Senator from profits are getting higher and higher at The PRESIDING OFFICER. Without Michigan said, not just from gas prices the expense of middle-class Americans. So I would just say that to hear we objection, it is so ordered. but as a result of food prices, health are a nation of whiners from someone Ms. STABENOW. Madam President, I care prices, credit card rates. There is who is advising someone who wants to suggest the absence of a quorum. a middle-class squeeze going on that is be the President of the United States— The PRESIDING OFFICER. The hitting our people very hard, and they alarm bells should be going off to every clerk will call the roll. are falling behind by thousands of dol- single person who drives up to a pump The first assistant bill clerk [William lars a year because of increased prices. today and has to pay somewhere be- Walsh] proceeded to call the roll. Now, Phil Gramm, he doesn’t feel the Mr. GRASSLEY. Madam President, I pain. He probably is in the top one- tween $4 and $5 a gallon for gasoline or goes to the store and sees the price of ask unanimous consent that the order tenth of 1 percent of income earners, for the quorum call be rescinded. let me say. milk going up and bread and everything else they need to feed their fam- The PRESIDING OFFICER. Without I wish to ask my friend, and then I objection, it is so ordered. will leave her to her speech, does she ily or sees their costs of health care CHANGES IN THE TAX SYSTEM know how much the head of going up, if they are fortunate enough ExxonMobil made this year? to have health care alone. Mr. GRASSLEY. Madam President, Ms. STABENOW. Well, I know this: I So I certainly invite Senator MCCAIN as the upcoming Presidential election know ExxonMobil has made the high- to come to my State of Michigan as approaches, we are learning more est profits of any company ever in the many times as he would like, and I about changes each of the major can- entire world. I don’t know the exact hope he listens very, very hard. I hope didates would make in our tax system. number, but my guess is that it is a lot he doesn’t hear it as whining. I hope he Most of the attention in this regard more than people in Michigan are mak- hears it as a sign of proud, patriotic, is going to issues such as income tax ing. America-loving people who just expect rates, corporate tax rates, and the al- Mrs. BOXER. Well, the CEO, the decisions here in this Government to ternative minimum tax. These are very chief executive officer of ExxonMobil, be made in their best interests, not in important parts of our Tax Code and do according to my information, including the best interests of oil companies or deserve the attention they are get- his last paycheck and bonuses and the credit card companies or insurance ting—particularly in a Presidential rest, made $400 million in 1 year. So no, companies that aren’t willing to cover race—because then you have an oppor- he is not whining, and Phil Gramm is their health problems. People want to tunity not only to state your views but not whining. That is obvious. They are know that, in fact, their families will to educate the public about the com- the winners in this economy with two be put first for a change. That has not plications of the Tax Code. This is oilmen in the White House. happened in the last 8 years. We cer- what the public needs to know more I wish to thank my friend. tainly don’t need more of that. about. Ms. STABENOW. Madam President, I Frankly, when I look at the gas price Now, my purpose for coming to the so much appreciate my friend from situation alone, I must say, if I remem- floor, too, is to discuss some of the California and her advocacy on a daily ber correctly—and I will check this for lesser known parts of the Tax Code basis on this floor for people who are sure—if I remember right, the gen- that are becoming part of the Presi- feeling the squeeze on all sides. tleman who now calls us a ‘‘nation of dential debate on taxes. Changes made We are seeing a situation in this whiners’’ actually authored language in these areas can still make big dif- country where, frankly, most middle- that began to deregulate the energy ferences in what citizens pay to the class families, as well as small busi- markets back in 2000, which has actu- Government every year. nesses and large businesses and those ally created much of the situation we I am here to discuss what is termed who want to do business in this coun- are in today, with lack of account- the ‘‘Pease limit,’’ the overall limita- try, just can’t take any more. We are ability and transparency and gas tion on itemized deductions. That at the limit right now of what we can prices, oil prices, going up and up and name comes from a Member of Con- absorb in terms of higher and higher up. gress probably 20 years ago who costs on people every day, with lower The people of this country have had thought up the term. Then the word and lower wages, maybe losing a pen- enough, and they expect us to work to- ‘‘PEP’’ is a phaseout of personal ex- sion, maybe losing your health care. gether in their interests. They expect emptions. So we are talking about a

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6528 CONGRESSIONAL RECORD — SENATE July 10, 2008 part of the Tax Code that does things he would set an increased income ber is $125,000. If that many filers in the in a stealth way to make people pay threshold of $250,000 for married cou- 25-percent and 28-percent brackets higher marginal tax rates, even though ples filing jointly. This is consistent make less than that, based on the the law would say that the marginal with the candidate’s stated goal of tar- Democratic budget, these taxpayers tax rate is only 35 percent—or in the geting tax breaks to low- and middle- would be hit with a PEP and Pease case of Senator OBAMA’s proposal, 39.6 income taxpayers while shifting more camouflage, less transparent rates of percent. But yet when you put limita- of the tax burden on the higher income taxation. tions in there and a phaseout of the taxpayers. Looking at the brackets for married personal exemption, you have a higher If your family makes less than filing jointly for the 2008 tax year, ac- marginal tax rate, but it doesn’t look $250,000 a year, you might think this cording to the IRS, married filers in very—it is not transparent. sounds like a good deal. For singles, the 25-percent bracket will start at a So PEP and Pease were originally en- the threshold for phaseout of personal taxable income of more than $65,100. acted by a Democratic Congress as a exemptions would probably be lower, Taxpayers in this bracket will earn way of evading the first President but the phaseout of itemized deduc- taxable income of no more than $131,450 Bush’s refusal to raise the top statu- tions would not vary with the filing annually. In the 28-percent bracket, tory tax rate. By phasing out the per- status if current law is followed. they will earn taxable income of no sonal exemption and itemized deduc- As an aside, the proposal of the dis- more than $200,300. For the 33-percent tions for upper income taxpayers, the tinguished junior Senator from Illinois bracket, married filers filing jointly Democratic Congress was able to enact would create a new marriage penalty. will earn no more than $357,700 but a kind of backdoor tax increase. How- For those considered by the Senator more than $200,300. For married indi- ever, in 2001, when I became chairman from Illinois to be low- and middle-in- viduals filing jointly, the important of the Senate Finance Committee, Con- come taxpayers, the idea of raising number is $250,000. gress reduced PEP and Pease in order taxes on other people might sound like Filers in the tax brackets I have to reduce taxpayer confusion and mini- a good idea but hold on. walked through may expect the Sen- mize inequalities based on a taxpayer’s On March 14 of this year, this body ator from Illinois to protect them from understanding of the law. But from my approved a budget with 51 votes. One of tax increases if he is elected President. point of view, I figured if you are going those 51 ‘‘yea’’ votes was cast by the But the budget he voted for earlier this to have a higher marginal tax rate, you Presidential candidate from Illinois. year makes that impossible. should not camouflage them. You That same Senator voted again for the As I said, the reinstatement of PEP ought to simply say, instead of a 33 budget on June 4, when the Senate and Pease amounts to a backdoor tax percent marginal tax rate, we are going voted on that conference report. I am increase. I say backdoor because it in- to have 36 or 37 percent. Maybe for peo- not sure if he is not communicating creases the effective rate for many fil- ple who have income from subchapter with the rest of the Democratic caucus ers without really increasing the statu- S, it is even higher than that. Why not or was too busy campaigning to be- tory tax rate. That is why it is camou- be honest with the taxpayers and say come completely familiar with the flaged. That is why it is less trans- what the marginal tax rate is, instead budget. But he is making promises that parent. And if you want to increase of hiding it in this camouflaged way the budget he voted for will not allow. taxes, you ought to have guts enough called PEP and Pease? The budget passed by Congress ear- to say what is the real marginal tax That bipartisan simplification was lier this year would protect taxpayers rate and put it in the tax laws, just done at the recommendation of the in the 10-percent and 15-percent brack- like the 25, the 28, the 33, and the 35 are nonpartisan Committee on Taxation to ets but would subject filers in the 25- now. get around a principle that was put in percent bracket and brackets above to For a family of four, this backdoor place—or that recommendation was these camouflage provisions I have tax increase would be significant. If carried out by the nonpartisan Joint been talking about that we call PEP your family falls in the 25-percent tax Tax Committee because we ought to be and Pease. To get an idea of what this bracket, according to the Finance very transparent in our tax laws. means, I wish to walk through the 25- Committee Republican staff analysis Despite this, those who see more percent bracket, the 28-percent brack- from March 2001, PEP and Pease could Government spending as the solution et, and the 33-percent bracket. make your actual rate 26 percent. We to all the problems are desperate to These particular brackets are impor- can see the difference between the seize more money from the American tant because they contain families green line and the red line is when you taxpayers. with less than $250,000 in income and are hit with PEPs and Peases. Your tax We are hearing rumors of let’s go singles with less than $125,000 in annual increase is going to be at a higher rate back to camouflage. The junior Sen- income. It has been implied that the than what your tax form really says it ator from Illinois would need more junior Senator from Illinois would pro- will be. Again, why camouflage it? money to fund all the promises he is tect these filers from tax increases as The news is even worse—and I will making. Restoring the phaseouts for President. But restoring PEP and have charts on this point—for filers in itemized deductions and personal ex- Pease provisions within the confines of the 28-percent bracket and the 33-per- emptions seems a likely source of some this year’s budget would subject filers cent bracket. In the 28-percent bracket, of that money. In discussing the tax in these brackets to this backdoor a family of four could pay a real tax proposals of the likely Democratic camouflage, the less transparent tax rate of 32 percent. So if you want peo- nominee, I am referring to a publica- increase. The Senator from Illinois ple of that tax bracket to actually pay tion titled ‘‘A Preliminary Analysis of may say he is going to protect families 32 percent, why don’t you have a tax the 2008 Presidential Candidates’ Tax earning less than $250,000 a year, but bracket that says it instead of camou- Plans.’’ This was prepared by an orga- the budget he voted for will not do flaging it? A family in the 33-percent nization called the Tax Policy Center. that. bracket, as we can see in the next The Tax Policy Center is a joint ven- According to the Internal Revenue chart, a family of four could pay a rate ture of the Urban Institute and the Service, single individuals falling with- of 37 percent. Again, the difference be- Brookings Institution, both well-rein the 25-percent bracket in 2008 start tween the 33 is what you are told in spected think tanks. at taxable income of more than $32,550. your tax rate chart you are going to According to this publication, my That is not a high-income person. They pay, but as a practical matter, you are distinguished colleague from Illinois earn taxable income of no more than paying 4 percentage points higher. would restore PEP and Pease. In other $78,850—in a lot of places in this coun- I end by stating that I believe taxes words, he would bring less trans- try, that is not a very high income. It are a necessary part of life. We all ben- parency to what is a higher marginal is high for my State of Iowa, but it is efit from the services our Government tax rate. That is, he would restore the not high for a lot of States. Singles in provides, and that Government needs phaseouts and the complexity they the 28-percent bracket will earn tax- money to function. We collect that would mean for millions of tax-paying able income of more than $78,850 but money from taxes. However, I think families. However, it is also noted that less than $164,550. The important num- our tax system should be transparent

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6529 and honest, not camouflaged. Raising not the case, which I will demonstrate. Democrats to forge a compromise with Re- money by limiting personal exemp- In fact, the House extenders bill con- publicans to extend expiring tax relief in a tions and itemized deductions is not tains an offshore deferred compensa- deficit-neutral manner, without permanently raising taxes. transparent. As I have said, it amounts tion proposal. JULY 3, 2008. to a backdoor tax increase. If anyone This proposal that the Democrats ac- DEAR MADAM SPEAKER AND MR. LEADER: thinks people should hand over a great- tually support allows these same hedge This letter is in response to a letter from the er percentage of their income to the fund managers a very generous tax House Democratic Leadership, dated June 12, Government, that person should openly break that is not available to the aver- 2008 and a letter from the Senate Leadership, advocate increasing statutory rates. age taxpayer. The House-passed hedge dated June 13, 2008. Both letters deal with I am also concerned that many peo- fund proposal allows these hedge fund the legislation, H.R. 6049, which is designed ple around the country may be relying to extend certain expiring tax relief provi- managers to avoid paying taxes on sions and energy tax incentives. on the latest campaign position of the their offshore deferred compensation if We object to some of the assertions in both junior Senator from Illinois. That lat- they make a cash donation to a charity letters about the position, record, and inten- est campaign position says he intends equal to 100 percent of the amount of tions of the Senate Republican Conference to protect low- and middle-income tax the offshore deferred compensation. regarding tax increase proposals and the tax filers from tax increases. Right now, he Meanwhile, the average taxpayer is relief extensions. However, rather than re- is at odds with his own party and with limited in how much they can deduct spond to overtly coordinated election-year a budget for which he voted. I bet that letters in a partisan fashion, we would like even for contributions to charity. They to focus on areas of bipartisan agreement in being subjected to a backdoor tax in- can only deduct charitable contribu- order to break the impasse on these time- crease is not the sort of change most tions if those contributions do not ex- sensitive tax matters. Americans believe in, to say nothing of ceed 50 percent of their adjusted gross The Senate Republican Conference places restoring what the nonpartisan Joint income. So if a teacher donated his or the highest priority on fiscal responsibility. Committee on Taxation stated was a her entire salary to charity, he or she We believe that deficit reduction should be very serious source of complexity for would only be able to claim about half considered with respect to all tax and spend- the American taxpayers, a complexity ing proposals. However, the first step toward of that as a deduction. But a hedge mitigating current adverse fiscal patterns is we took out in the 2001 tax bill. fund manager who sheltered income in to do no more harm to the fiscal situation. A series of correspondence has gone the Grand Caymans would be allowed New spending increases the deficit, wheth- back and forth between the Republican to claim a deduction for the entire er it be the expansion of discretionary spend- and Democratic leadership regarding amount of his or her sheltered income. ing or the expansions of entitlement spend- the extension of expiring tax provisions I want to make it clear, not only do ing. New tax relief is scored as increasing the and energy tax incentives. On July 3, I support the policy of changing the deficit, even in instances where the resulting economic growth raises far more revenue Leader MCCONNELL sent a letter to the tax treatment of offshore deferred com- than is estimated to be ‘‘lost.’’ Under Con- majority leader urging that he work pensation for hedge fund managers, but gressional budget accounting, however, the with us to find areas of bipartisan I would make sure that we corrected extension of expiring tax relief looks like it agreement in order to break the cur- the giant loophole that came over here increases the deficit, while the extension of rent impasse over extending time-sen- from the House of Representatives ben- expiring entitlement spending does not. This sitive provisions that we call extend- efiting hedge fund managers. We should does not make sense. Legislation to extend expiring tax relief, ers, both for energy and the other cat- make sure that if we are going to tax egory of extenders, such as R&D tax including an extension of the alternative the deferred income, we do not leave an minimum tax (AMT) patch, and legislation credits, an example of about 40 that escape hatch in the future. to extend expiring energy tax incentives all have to be extended. With respect to the spending cut alle- enjoy overwhelming bipartisan support. Few On that day, the majority leader re- gation, the majority leader’s comments would dispute the merits of continuing these sponded in a fairly sharp manner: again, with all due respect, implied tax relief provisions. Indeed, with these bi- While I am pleased the Republicans appear that he has not read the Republican partisan tax relief provisions in place, aggre- to have abandoned their fiscally irrespon- leader’s letter correctly. The Repub- gate Federal tax collections have yielded revenue above the post World War II average sible ways when it comes to the extenders lican leader’s offer to break the stale- bill, it is hard to comprehend why Senators of 18.2 percent of gross domestic product. McConnell and Grassley would choose to cut mate does not pit spending cuts for Since these tax policies have yielded revenue programs to help working families, seniors benefits for working families, for sen- above the historic average, we see no reason and veterans in need of health care in Ken- iors, for veterans against expired tax to condition their extension on new tax in- tucky and Iowa in an effort to protect multi- relief provisions. The spending de- creases. national corporations and hedge fund man- scribed in the letter is for unspecified The conference report on the 2009 budget agers. resolution increases non-defense discre- and unwritten appropriations bills as tionary spending by $25 billion above the On a preliminary point, in all the far as 10 years in the future. The gen- President’s request in 2009. When these back and forth on this issue, I have not eral spending account identified rep- amounts are enacted, they will be perpet- criticized the majority leader by name. resents the excess of new future spend- uated in the baseline and will result in $350 In the tensions that come in Senate de- ing levels over the current levels for billion in higher deficits over the next ten bate and the political environment, I nondefense discretionary spending plus years. The deficit effect of this new spending think it is best to stick to that course. inflation. None of the current-law lev- cannot be ignored. It is surely as much of a So I am disappointed that the majority fiscal burden as $350 billion in tax policy ex- els of these categories of spending tensions. leader did not keep the discussion on would be cut. What is more, the Repub- As a compromise, we suggest the following. that level. lican leader’s offer would leave intact The Senate Republican Conference will agree With all due respect to him, he seems nearly all of the $350 billion in new to offset the revenue lost from new tax relief to have misread the letter, so I will set extra spending. On its face, it is an ex- policy with spending reductions or revenue the record straight on a couple of im- tremely modest revision of this extra raised from appropriate tax policy proposals. portant points. spending. In exchange, the House and Senate Demo- cratic Leadership would revise the desired First, a simple extension of expiring I ask unanimous consent to have tax relief, including extension of the new non-defense discretionary spending in printed in the RECORD a copy of the let- the 2009 Congressional budget downward to a AMT patch, should not be offset with ter from the Republican leader and the level sufficient to offset the cost (relative to accompanying tax increases. This does majority leader’s response. the Congressional Budget Office baseline) of not mean we are opposed to offsetting There being no objection, the mate- extending expiring tax relief. If agreed to, the revenue loss from new tax relief rial was ordered to be printed in the extension of expiring tax relief, including ex- policy with spending reductions or rev- RECORD, as follows: tension of the AMT patch and expiring en- enue raised from tax proposals that are ergy tax incentives, could be accomplished MCCONNELL PROPOSES COMPROMISE TO in a way that achieves your stated goal of grounded in good tax policy. EXTEND TAX RELIEF, ENERGY INCENTIVES Then my second point. The distin- being deficit neutral, but without the WASHINGTON, DC.—U.S. Senate Republican unstated and unwarranted result of increas- guished majority leader accused Lead- Leader Mitch McConnell sent the following ing the size of the federal government. er MCCONNELL and me of protecting letter to Speaker Nancy Pelosi and Majority The Senate Republican Conference is com- hedge fund managers. This is simply Leader Harry Reid on Thursday calling on mitted to, as the letter from the House

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6530 CONGRESSIONAL RECORD — SENATE July 10, 2008 Democratic Leadership states, ‘‘enacting There being no objection, the mate- time. If Johnny needs braces, then you take legislation extending tax relief to businesses rial was ordered to be printed in the fewer trips to the restaurant. and families in a fiscally responsible man- The second response is perhaps more pow- RECORD, as follows: ner.’’ We look forward to working with our erful. Let’s see what happens when we allow friends in the House and Senate Democratic [From American Enterprise Institute for mandatory spending to go up as it did. This Leadership on this time-sensitive legisla- Public Policy Research, Feb. 11, 2008] lets Bush have his prescription-drug benefit, tion. HOW GEORGE BUSH, BIG SPENDER, DESTROYED which is now part of mandatory spending. Sincerely, NIRVANA If we had held the line on everything else MITCH MCCONNELL, (By Kevin A. Hassett) that is discretionary, we could have had the U.S. Senate Republican Leader. If you could go back in time to President prescription-drug plan, the Iraq war and the George W. Bush’s inaugural address and add war against terrorists. We could have kept U.S. SENATE, one economic statement, what would it be? all the Bush tax cuts, made them permanent, repealed the AMT and added the stimulus Washington, DC, July 8, 2008. For me, there is an obvious answer. The Hon. MITCH MCCONNELL, If Bush had promised in January 2001 that package and still ended up with a balanced Minority Leader, U.S. Senate, the baseline of government spending that he budget from 2008 to 2017. Washington, DC. inherited when he took office would be the BLOATED UNCLE DEAR LEADER MCCONNELL: Thanks for your cap during his term, then we would have a It makes you sick to think about it. All recent response to the letter I sent you June big budget surplus today. It would have been that money wasted on ethanol and bridges to 13 regarding extension of the expiring tax easy to do. He just had to say: ‘‘I will not nowhere has accumulated into a pile that provisions and energy tax incentives. spend one penny more than President Bill massive. Uncle Sam ate a whopping helping Let me begin by saying I strongly share Clinton planned to. I will veto any bill that of apple pie every day for seven years, and your hope that the Senate can work out a bi- now he is obese. partisan solution to extend these important tries to.’’ I have written before in this space that This is important to bear in mind as we tax incentives before the August recess. move forward to the general election. We Such action is as important as it is long Bush has outspent Clinton by a mile. With government spending still out of control, the don’t have a deficit because of Iraq, or the overdue. tax cuts, or the drug benefit. We have a def- Although you have voted twice against gap between where we are and where a dis- icit because the government grew fat. We just such a package, I did note that your ciplined nation could have been is getting can’t fix that with tax increases. Uncle Sam July 3rd response contains one potentially bigger and bigger. must go on a diet. positive thought that may make such a solu- With a recession looming, the policy implications of the spending explosion are serious. A simple way to start would be this: Who- tion more likely. As you know, under this ever is elected president this November Republican President and a Republican-con- If a deep recession occurs, we will have less should pledge that he or she won’t spend $1 trolled Congress, the nation’s debt and defi- wiggle room. more than we currently plan to. If Bush had cits reached historic levels. Record budget To see how different the world could have done that seven years ago, we would be in a surpluses were transformed into record defi- been, I gathered data from a number of different world. cits and the nation’s debt grew by more than sources and ran an alternative history. In $3 trillion. Much of this was caused by the that wishful place, government spending was Mr. GRASSLEY. According to the fiscally irresponsible decision to cut taxes set equal to the spending envisioned by the analysis, if the last Clinton adminis- and increase spending without corresponding Congressional Budget Office in the January tration budget were the baseline, Fed- offsets. Your July 3rd letter appears to indi- 2001 long-run forecast, plus the spending for eral spending would be $400 billion less cate you are now ready to set aside your fis- the war in Iraq and to fight terrorism. This than it is this fiscal year. Dr. Hassett’s cally irresponsible ways when it comes to ex- simulation assumes that the war would have tenders and adhere to pay-as-you-go budget happened in spite of Bush’s spending prom- analysis accounts for spending in- rules Democrats enacted at the beginning of ise, and wouldn’t have induced him to seek creases for the global war on terror and the 110th Congress. cuts elsewhere. related matters that were anticipated Unfortunately, rather than accept the non- The difference between that spending path at the end of the Clinton administra- controversial offsets contained in the bipar- and the one we are on is huge. Today, we ex- tion. The analysis shows that other tisan legislation passed by the House and the pect federal spending in 2008 will be $2.9 tril- Government spending is trending $400 substitute put together by Senator Baucus, lion. According to the alternative history, billion above where it otherwise would your letter indicates Senate Republicans be- spending would be $2.5 trillion. be. lieve we should instead jeopardize important SURPLUS FANTASY investments in our nation’s health, energy, In essence, the Republican leader’s With spending at the lower level, we would and infrastructure sectors. Both the House- offered offset categories are future un- have a surplus of $152 billion if revenue were passed and Baucus substitute bills rely on defined spending budget room that did equal to what it is currently projected to be. the same two offsets—one ends the use by Running the simulation forward, the gap not materialize until the conference re- hedge fund managers of offshore accounts to between revenue gets wider and wider. By port on the budget was adopted a few avoid paying taxes and the other merely ex- 2017, we are scheduled to spend almost $1 weeks ago. Keep in mind that this new tends an existing delay in the implementa- trillion more than we would have if we had tion of interest allocation rules for multi- undefined future spending sits on top of stuck to the Clinton baseline. With the low national corporations. Neither provision has a baseline that is, as Dr. Hassett’s spending baseline we would have a surplus in generated opposition from the affected in- analysis shows, $400 billion higher than 2017 of $1.1 trillion, instead of the $151 billion dustries and both are far preferable to cuts the trendline from the Clinton admin- in health care, energy, and infrastructure surplus that’s currently forecast. Think of it this way. If we now had the istration. programs that would harm Kentucky and lower spending levels that Bush inherited, If the majority leader does not en- many other states. we could extend his tax cuts, repeal the al- gage us on this deficit-neutral offer, Despite your apparent decision to protect then he is putting taxpayers in his hedge fund operators over critical national ternative minimum tax, enact the current priorities, I remain committed to taking up stimulus package, and still have a 10-year State at risk for the loss of several de- and passing bipartisan legislation to extend budget surplus of $1.9 trillion. And, remem- ductions they used on tax returns for important tax incentives before the August ber, that allows spending to be adjusted up last year. Included are the sales tax de- recess. The fate of this legislation rests in for the Iraq war and the war against terror- duction, college tuition deduction, and your hands. I hope you and those in your ists. teachers’ classroom expense deduction. caucus who have blocked the Senate from Many observers might say this scenario is unrealistic. The 2001 long-run forecast cov- The latest IRS statistics of income passing this legislation twice earlier this data on the number of families and in- year will reconsider your opposition and join ered both discretionary and mandatory Democrats to extend this much-needed tax spending. No administration, the argument dividuals claiming these benefits for relief. might go, could have held the line on the the States of Nevada, Kentucky, and Sincerely. growth of Medicare and Social Security Iowa will appear in the RECORD after HARRY REID, spending. my discussion. U.S. Senator. HOLD THE LINE The tradeoff is clear. Deal with these Mr. GRASSLEY. Madam President, There are two responses to that. tax benefits which affect taxpayers to put the matter in some perspective, First, a president could always demand now. Offset them with undefined extra I ask unanimous consent to have print- that spending be capped and that discre- spending accounts for appropriations tionary spending be reduced to offset unex- ed in the RECORD an article containing bills that will not be written until sev- pected increases in mandatory outlays. So- a summary of an analysis by noted cial Security might be the third rail of eral years down the road under the economist Kevin Hassett, a senior fel- American politics, but it might not be. present budget. All that can be accom- low and director of economic policy at It has been changed before. Why couldn’t it plished without adding a penny to the the American Enterprise Institute. be changed again? Families do that all the Federal deficit.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6531 I ask unanimous consent to have into his mission—English’s vehicle was plane, according to the Air Force’s de- printed in the RECORD the IRS statis- struck by a roadside bomb near Bagh- scription of what it wanted, yet it gave tics of income data to which I earlier dad on Monday. Airbus extra credit for offering amen- referred. Those who knew Justin describe his ities it didn’t ask for. It said the Air There being no objection, the mate- friendliness, positive spirit, and will- Force deliberately and unreasonably rial was ordered to be printed in the ingness to lend a helping hand. Janet increased Boeing’s estimated costs. RECORD, as follows: English, his aunt, said he had always And when that mistake was corrected, wanted to join the military, find ad- it was discovered that the Airbus tank- TABLE OF EXAMPLES OF NUMBERS OF TAX FILERS venture, and serve his country. Indeed, er actually costs tens of millions of AFFECTED BY INACTION ON TAX EXTENDERS he gave his country all. dollars more than Boeing’s. Arkansas continues to make tremen- The GAO said the Air Force accepted Nevada Kentucky Iowa dous sacrifices to defend freedom and Airbus’s proposal even though Airbus Sales Tax Deduction 327,532 54,602 50,163 protect the ones we love. We will never couldn’t meet two key contract re- College Tuition Deduction 32,800 45,713 48,895 Teachers Classroom Expense Deduc- forget the sacrifices made by the quirements. First, Airbus refused to tion 22,789 39,735 35,238 Woodham family, the English family, commit to providing long-term mainte- Source: IRS Statistics of Income (2004 tax year). and so many other grieving families nance, as specified in the RFP, even who have lost their loved ones in com- Mr. GRASSLEY. I yield the floor. after the Air Force asked for it repeat- The PRESIDING OFFICER. The Sen- bat. I urge my colleagues in the Senate edly. Second, the Air Force could not ator from Arkansas. to honor the service of these brave men prove that Airbus could refuel all of Mr. PRYOR. Madam President, I ask and women and ensure our troops have the military’s aircraft according to that I be allowed to speak as in morn- the resources they need both while in procedure. Those are very serious findings. It is ing business. combat and when they return. The PRESIDING OFFICER. Without Madam President, I yield the floor, still unclear whether the errors were objection, it is so ordered. and I suggest the absence of a quorum. due to incompetence or impropriety, The PRESIDING OFFICER. The but the result was that the military HONORING OUR ARMED FORCES clerk will call the roll. chose a plane that didn’t meet the fun- SERGEANT FIRST CLASS ANTHONY LYNN The first assistant bill clerk pro- damental requirements that were set WOODHAM AND JUSTIN D. ENGLISH ceeded to call the roll. out in their own RFP. That cannot Mr. PRYOR. Madam President, the Mrs. MURRAY. Madam President, I happen again. The Defense Department acclaimed writer H.L. Mencken once ask unanimous consent that the order must do everything it can do to ensure said: for the quorum call be rescinded. that this competition is fair and trans- In war the heroes always outnumber the The PRESIDING OFFICER. Without parent. soldiers ten to one. objection, it is so ordered. That means the Pentagon must go Today, I come to the floor to honor AIR FORCE TANKER DECISION back to the original request for pro- the lives of two of those heroes: SFC Mrs. MURRAY. Madam President, 3 posals. It must ensure that both of the Anthony Lynn Woodham of Rogers, weeks ago, the Government Account- companies get the same information AR, and Justin English of Springdale, ability Office issued a blistering deci- throughout the entire competition. It AR. Madam President, we lost Spe- sion about the Air Force’s handling of must prove the tanker it selects can cialist First Class Woodham on Satur- one of the most important defense con- actually perform all of the missions day when he paid the ultimate sacrifice tracts in our history. The GAO found that are required by the military. It while serving in Iraq on his second tour that in the competition between Boe- must do a full accounting of all of the as a member of the 39th Brigade Com- ing and the European company Airbus life cycle costs of flying and operating bat Team. As a vehicle maintenance to replace our military’s aerial refuel- both planes. And it has to ensure that supervisor at Camp Adder in Talil, he ing tankers, the contest was unfairly the companies can only earn credit as kept American troops safe and their skewed toward Airbus from the very it was spelled out in the original RFP. equipment and vehicles running. beginning. It said that but for the Air That last point is extremely impor- Throughout his 20 years of National Force’s prejudice, Boeing would have tant. In its decision last month, the Guard service, he also trained count- had a substantial chance of winning. GAO said the request for proposals was less mechanics, instilling in them a The GAO was clear and emphatic crystal clear about what kind of tanker strong work ethic, enthusiasm, and pa- that the Pentagon should reopen the the Air Force needed. Yet I have al- triotism. contract, get new proposals, and cor- ready heard that the Defense Depart- In 2004, Specialist First Class rect those errors. I rise today, because ment plans to reevaluate the life cycle Woodham explained that a lot of solu- yesterday Defense Secretary Gates an- costs of both tankers using a 25-year tions for maintaining equipment are nounced that he would follow the GAO lifespan instead of a more accurate 40 not found in the training manual. He recommendations and rebid that con- years. It wants to revise the RFP to learned from trial and error and taught tract. I am very pleased that he says he give greater benefit to a larger plane, others the art of adapting and impro- is committed to a swift decision. But I even if that means the tanker it buys vising in order to get the job done have also been a close observer of the is not capable of meeting its own mis- quickly and to get the job done right. Pentagon’s decisionmaking process for sion. That fundamentally changes the For his leadership and his service, we many years now, and I know the devil rules of the procurement and is not are a truly grateful nation. is always in the detail. what is in the original RFP. MGEN William Wofford of the Ari- We do not know yet many of the de- I am very concerned about both of zona National Guard said of Woodham: tails of this latest decision, and unfor- these proposals. Changing the rules of ‘‘No words can fill the gap left by such tunately I am already skeptical about the game when we are in overtime is a loss.’’ I know those sentiments are whether the Pentagon is on track to simply going to result in a repeat of also true for Specialist First Class get this right. The Defense Department the last contest—an unfair result, more Woodham’s wife Crystal and three chil- has a high hurdle to clear in order to protests, and more delays. I look for- dren, Patrick, 17, Mitchell, 11, and ensure this competition is fair and is ward to hearing a thorough expla- Courtney, 6. transparent. nation from the Defense Department Arkansas suffered another loss 11 As I said earlier, the GAO raised seri- about how it is going to carry out this miles away from Rogers, in Springdale, ous questions about the Air Force’s new competition and how it is going to AR. The English family is mourning previous decision, and it described the ensure that this contract is finally fair. the loss of 25-year-old Justin English. competition as unreasonable, im- Finally, I agree with Secretary Gates A former Springdale firefighter and proper, and misleading. The GAO found that it is vitally important that we EMT, he went to Iraq for a larger mis- that the Air Force changed direction move quickly to finish this contract. sion—to protect United States per- midstream about what criteria were Air men and women who fly out of sonnel and installations in Iraq. A more important. It didn’t give Boeing Fairchild Air Force Base, in my home week into his mission—just a week credit for providing a more capable State of Washington, fly these tankers.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6532 CONGRESSIONAL RECORD — SENATE July 10, 2008 I know they need these planes. They tract with there, ABX and ASTAR. The when I had a roundtable discussion need them now. But we also have to do announcement to close by the owner of with about 20 people, we talked about this the right way. We have to have a DHL, a German company called many of these issues. I wish to share competition that is not overshadowed Deutsche Post, which I believe is the with you today some of these, three or by questions of ethics or competence. If largest freight company in the world four of these entries, if you will, from we don’t, we risk another challenge and which used to be the German Post statements written by people who are that is going to draw out this procure- Office but now is a privatized company, affected directly. ment process even further. will have a devastating effect on this I am not going to share the name. I Even more importantly, we have got region and these people. think I probably could, I think they to get the right plane. Our aerial re- Deutsche Post owns many facilities gave us permission, but I will share fueling tankers—the ones we are talk- of all kinds around the world; one of their hometown. This gentleman from ing about with this contract—are the them is DHL. They made a decision to Wilmington wrote: backbone of our global military shut DHL down in Wilmington, a loss I am in my 15th year as a pilot with DHL/ strength. They are stationed today of up to some 8,000 jobs. I was in Wil- ASTAR. I was hired by DHL Airways in Jan- mington last week, conducted a round- uary 1994 after serving as a C–5 pilot in the across the world, and they refuel air- United States Air Force. DHL later became craft from every branch of our Armed table, listened to the concerns of pilots and material handlers and clerks and ASTAR Air Cargo due to U.S. Airline owner- Forces. Before our taxpayers spend $35 ship laws. The airline pilot’s career is based billion, they deserve to know the computer operators and mechanics and on seniority; there are no lateral moves to planes we are buying can actually re- engineers and all kinds of people who another airline. Losing my job with ASTAR fuel our military’s aircraft. Our service fly the planes and service the planes due to Deutsche Post’s forcing DHL to use members deserve to know they are get- and move the baggage, often in the UPS [that is what actually happened here] middle of the night. There are local will result in the loss of not only my job but ting a plane that will enable them to the loss of my career. I do not have enough do their jobs and return home swiftly. farmers who work there part time who get health care, there are very skilled years left, due to mandatory pilot retire- I welcome Secretary Gates’ an- ment age at 65, to restart a commercial pilot nouncement yesterday that this con- pilots, there are very skilled machin- career with another airline and regain the tract is going to be rebid, but I remind ists and mechanics. salary I earn now. I also own property in DHL is everything to a community of all of my colleagues—those of us who Wilmington based on working for ASTAR 13,000. Those 7,000 to 8,000 employees have watched this procurement process Air Cargo. As these jobs go away my prop- live all over southwest Ohio, obviously erty approaches being worthless and makes for many years now—to follow the not all of them in Wilmington or in it likely I will have to turn it back to the bouncing ball and see where it leads. Clinton County. Many of them live in bank. The DHL deal will destroy many ca- We are going to follow this carefully. It Hillsboro, Highland County; some live reers, families, and create a duopoly in the needs to be rebid with the original U.S. Express shipping industry, driving down in Brown County and Adams County RFP, not changed in overtime, to make competition, driving up costs for business and Hamilton County and Montgomery sure this is a fair contract that results and for consumers. County and Clark County and Green quickly in making sure our air men A lady from New Vienna writes: County, all over southwestern Ohio. I know you are well aware of what is going and women get the right aircraft as We are not just accepting this trag- quickly as we can possibly bring it to on in Wilmington with ABX/DHL. But you edy as is. The mayor, Mayor Raizk, probably do not have any idea what it is al- them. Governor Strickland, Lieutenant Gov- ready doing to all of our workers. Our mo- Madam President, I yield the floor, ernor Fischer, the development direc- rale is at an all-time low. We already know and I suggest the absence of a quorum. tor, Senator VOINOVICH, Congressman our time is short, but DHL is cutting the The PRESIDING OFFICER. The TURNER and I and others are banding rope shorter and shorter. I really do not clerk will call the roll. together to fight this perhaps as an know how much more some of the people can The first assistant bill clerk pro- take. I have heard of many problems in mar- antitrust violation, perhaps in some riages already. I know of many husband and ceeded to call the roll. other ways that we are working to try Mr. BROWN. Mr. President, I ask wives who work out there, my husband and I to stop this from happening. unanimous consent that the order for included. The contract has not yet been signed. The majority of us on days are full-time the quorum call be rescinded. We are hopeful that DHL, employees and are scheduled to work 8-hour The PRESIDING OFFICER (Mr. that Deutsche Post, this German com- days. As of today, DHL has dictated that SALAZAR). Without objection, it is so pany will, in fact, listen to us and lis- whenever our work is finished we are to ordered. ten to proposals from ABX and ASTAR leave whether we worked 6 hours, 7 hours or Mr. BROWN. I ask unanimous con- 8 hours. to stop the bleeding, if you will, to My husband and I were planning on taking sent to speak as in morning business keep these jobs here. They have been for up to 10 minutes. whatever we could out of our last paychecks productive. They took over a company and put away because of what awaits us. Now The PRESIDING OFFICER. Without called Airborne Express 4 years ago. we are not even allowed to stay and get our objection, it is so ordered. The State of Ohio and Governor Taft in 8 hours so we only get paid for time worked. SHUTDOWN OF DHL those days put together a $400 million Generally, at these roundtables I Mr. BROWN. I share with my col- package for them. We thought it was heard this discussion over and over. We leagues some bad news from my State the start of a long friendship, a long re- are not giving up. We are still trying to that I hope turns into better news; that lationship between Deutsche Post and save these jobs. People who work at is, there is a company in Ohio called DHL and the community of Wil- ASTAR, who work at ABX, who are DHL. It is an airfreight company. They mington, the County of Clinton, and part of DHL, obviously have real fears. are the second-largest, single-site pri- the State of Ohio. We have been dis- Another lady from New Vienna vate employer in Ohio next to the abused of that notion, at least tempo- writes: Honda Corporation in Marysville and rarily. We hope something better My husband is one of the many employees other nearby places. comes of it. being laid off by ABX after putting in 26 DHL is in Wilmington, Clinton Coun- What I wish to share today is the years with them. I cannot begin to tell how ty, southwest Ohio, where some 8,000 background. I wish to share for 4 or 5 much this is going to hurt us in many, many people work pretty much in one facil- minutes some e-mails I received. I ways, along with 6,000 plus other employees here. ity in Clinton County. Wilmington is asked people in Clinton County, in the county seat of Clinton County. Wil- Brown, Adams, Highland, Montgomery, When I said up to 7,000, I was includ- mington is the home of Wilmington Clark and Green Counties to share with ing, you know, some of the ancillary College, a Quaker school, a wonderful me on my Web site what this closing supply jobs in the vicinity. private 4-year institution in southwest might mean to them and what this The reason I am e-mailing you is to see if Ohio. there is any way you or any government em- company means to them and to their ployee can help all of the employees and Wilmington has only 13,000 people prosperity and their middle-class life- their families that are being let go. With the living there. This company, DHL, em- style and all that. economy the way it is, it is hard enough try- ploys close to 8,000, through a couple I told them I would read some of ing to keep food on your table let alone try- subsidiaries, a couple people they con- these on the Senate floor. Last week ing to do without a job. Please, Senator

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6533 BROWN, fight for all of us at ABX, ASTAR The PRESIDING OFFICER. Without has done well in his current position, and DHL. We need all of you in our govern- objection, it is so ordered. but he, Secretary Gates and General ment to fight hard for us and Ohio. f Petraeus have all described the secu- Someone from Blanchester, just rity situation in Iraq as tenuous and south of Wilmington, said: EXECUTIVE SESSION reversible, it does not seem prudent to I am a 19-year pilot for Astar Air Cargo; a remove the mastermind behind the 16-year member of the pilot’s union. My wife NOMINATIONS OF GENERAL DAVID fragile successes that have been thus and I became residents of Ohio when DHL H. PETRAEUS AND LIEUTENANT far achieved. consolidated their main sort facility in Wil- Almost 1 year ago, on July 14, 2007, GENERAL RAYMOND T. ODIERNO mington, OH. President Bush said in a radio address At first we did not want to move, but as a TO BE GENERAL that, ‘‘When America starts drawing loyal employee I wanted to live close to my The PRESIDING OFFICER. Under employer. So my wife and I built a home in down our forces in Iraq, it will be be- Brown County near town, and I looked for- the previous order, the Senate will now cause our military commanders say the ward to finishing my career there. We, un- proceed to executive session and con- conditions on the ground are right— like DHL, made a long-term commitment to tinue consideration of the following not because pollsters say it would be the local area. I am realistic that I realize nomination, which the clerk will re- good politics.’’ That strategy does not the last flight of ASTAR is on the horizon. I port. work well, however, when you keep know in today’s business environment there The legislative clerk read the nomi- changing commanders. No new com- is usually little chance of stopping large cor- nation of Gen. David H. Petraeus, De- mander is going to come in and say ‘re- porations from following through with their partment of the Army, to be general. duce the troop levels on my watch,’ be- announced plans. My wish is that you use cause if, through their lack of famili- any influence you might have with the De- Mr. BYRD. Mr. President, I will vote partment of Justice or other agencies that no on the nomination of GEN David H. arity with the conditions on the will have to approve DHL’s planned partner- Petraeus, the current commander of ground, they are wrong, that defeat ship with UPS to compel DHL to abide by the Multi-National Force—Iraq, to be would be their disgrace, just as Mar- their commitment to the pilots of ASTAR, Commander, U.S. Central Command. I shal Foch observed in 1920. So, a year the commitment to job security, growth and was unable to attend General Petraeus’ after President Bush’s statement, a long career they promised in the latest col- nomination hearing before the Armed troop levels in Iraq are only just re- lective bargaining agreement. Services Committee because I was turning to something close to the pre- DHL and their owner, the Deutsche managing the supplemental appropria- surge levels of January 2007, when Gen- Post, needs to be held accountable for tions bill on the Senate floor, but I re- eral Petraeus assumed command in commitments they made to the people, viewed his testimony. I also posed a Iraq. If, as General Petraeus has said, the workers, and the communities of number of questions to General no further decisions on additional southwest Ohio. Petraeus after the hearing, and studied drawdowns will be made until some- The last note I will share is from his responses. time in the fall of 2008, a new com- someone in Midland. I appreciate General Petraeus’ evi- mander will be called upon to make I am writing today to ask you to all con- dent intelligence and his expertise and that decision. I am also concerned about General sider the devastating effect that the loss of experience in Iraq. He wrote the book Petraeus’ unwillingness to address these thousands of jobs will do to our fami- on countering insurgencies for the lies, counties, and State, if DHL does, in questions regarding other regional Army. He led the 101st Airborne Divi- fact, pull out of Wilmington, OH. Everyone I issues, such as in Afghanistan or Iran, sion during the V Corps drive to Bagh- know has a family member or friend who during his nomination hearing. Such dad in 2003. He established the Multi- works in that facility. I have two daughters evasiveness is not politic; it is trou- National Security Transition Com- who work there as well. They are single par- bling at a time when news reports sug- ents, and the fear of loss of income, home, mand Iraq in 2004. He has served as gest that the Taliban is resurgent in and car is in their every thought at this Commander of the Multi-National Afghanistan and that President Bush time. I cannot imagine how terrible this will Force—Iraq since January 2007. He is be for them, and they have family to fall may be contemplating military action the architect of the so-called surge against Iran. Despite the press of his back on. What will happen to others who do strategy that is even now being played not have that support system in place? responsibilities in Iraq, General We are all fighting to keep this place open. out in Iraq. Petraeus must be concerned with how It matters to our economy, it matters to our The surge strategy is, in fact, one of other operations or other political con- State, it matters individually to so many the reasons why I believe General siderations in the same theater affect people. Petraeus should remain in his current his options in Iraq. Equally, he must Those were four or five of them. In position as Commander of the Multi- consider how political changes in his the communities, you know what hap- National Force—Iraq. Marshal Ferdi- chain of command might affect his op- pens when people lose their jobs, and nand Foch, Supreme Commander of the erations in Iraq, yet he will not admit there are so many of them, especially Allied Armies at the conclusion of even the existence of contingency in a small town. You know what it World War I, observed in his 1920 book, plans for potential troop drawdowns means to the school system, what it ‘‘Precepts and Judgments’’, that that might be required by a new ad- means to police protection, fire protec- ‘‘Great results in war are due to the ministration. If the competing prior- tion, all that people in our middle-class commander. History is therefore right ities for manpower and materiel are to society and workers rely on. That is in making generals responsible for vic- be sorted out at the CENTCOM level, it why I share these stories. I will share tories—in which case they are glori- must be done with a clear under- these with the White House, I will fied; and for defeats—in which case standing of what is possible and what share those same stories with Deutsche they are disgraced.’’ The book is still is achievable, by someone willing to Post. We want them to come to the out on the success or failure of the take a stand in support of all the men table and talk to us about a different surge strategy. General Petraeus and women who will be called upon to contract that can keep those workers should bring it to its conclusion before carry out those priorities, not by some- there. It will matter for Wilmington, it he is rewarded with a promotion. one who only salutes and carries out will matter for southwest Ohio, it will Continuity of command has been a orders or by someone who knows only a matter for our country. problem in Iraq. Historically, when the fraction of the full situation. General I yield the floor and I suggest the ab- United States has been involved in pro- Petraeus’ career will be judged in large sence of a quorum. tracted conflicts, continuity of com- part by his role in the Iraq conflict; his The PRESIDING OFFICER. The mand has been maintained, be it Gen- reticence to address other regional clerk will call the roll. erals Eisenhower or MacArthur during issues raises questions about his will- The assistant legislative clerk pro- World War II, or General Westmoreland ingness to devote the focus and the re- ceeded to call the roll. during the Vietnam conflict. General sources needed to address them prop- Mr. LEAHY. I ask unanimous con- Petraeus has only been in his current erly. sent that the order for the quorum call position for 18 months. Since President Finally, the repeated rotations of be rescinded. Bush believes that General Petraeus U.S. soldiers to Iraq and Afghanistan

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6534 CONGRESSIONAL RECORD — SENATE July 10, 2008 are taking a toll on our military. Ele- [Rollcall Vote No. 171 Ex.] Mikulski Salazar Sununu Murkowski Sanders Tester ments of the 4th Infantry Division, 1st YEAS—95 Murray Schumer Thune Infantry Division, 1st Cavalry Division, Akaka Dole Menendez Nelson (FL) Sessions Vitter and the 172nd Infantry Brigade are fac- Alexander Domenici Mikulski Nelson (NE) Shelby Voinovich ing a third tour in Iraq and Afghani- Allard Dorgan Murkowski Pryor Smith Warner stan. Elements of the 82nd Airborne Di- Barrasso Durbin Murray Reed Snowe Webb Baucus Ensign Nelson (FL) Reid Specter Whitehouse vision are facing a fourth tour. With Bayh Enzi Nelson (NE) Roberts Stabenow Wicker these repeated tours and the continu- Bennett Feingold Pryor Rockefeller Stevens Wyden ation of the ‘‘stop loss’’ policy of forc- Biden Feinstein Reed Bingaman Graham NAYS—1 ibly retaining troops on active duty in Reid Bond Grassley Roberts Harkin order to maintain unit integrity neces- Boxer Gregg Rockefeller Brown Hagel sitated by the strain this war is placing Salazar NOT VOTING—3 Brownback Hatch on our forces, it is difficult to under- Sanders Bunning Hutchison Kennedy McCain Obama Schumer stand why these troops should not be Burr Inhofe Sessions entitled to a continuity of command. Cantwell Inouye The nomination was confirmed. Cardin Isakson Shelby The troops appreciate the effectiveness Smith The PRESIDING OFFICER. Under Carper Johnson the previous order, the motion to re- of working together as a unit when Casey Kerry Snowe confronting danger on a regular basis. Chambliss Klobuchar Specter consider is considered made and laid They deserve a leadership corps that, Clinton Kohl Stabenow upon the table, en bloc, and the Presi- Stevens like them, functions together as a unit Coburn Kyl dent will be immediately notified of Cochran Landrieu Sununu and stay together. Coleman Lautenberg Tester the Senate’s action. More than 12,000 servicemembers are Collins Leahy Thune The Senator from Virginia is recog- currently affected by ‘‘stop loss’’ or- Conrad Levin Vitter nized. ders that prohibit them from retiring Corker Lieberman Voinovich Cornyn Lincoln Warner Mr. WARNER. Mr. President, I thank or leaving the service even though they Craig Lugar Webb all the Members of the Senate. We just are eligible for retirement or their Crapo Martinez Whitehouse had two historic votes. The men and terms of enlistment have expired. That DeMint McCaskill Wicker Dodd McConnell Wyden women in the Armed Forces, particu- total includes 6,800 active-duty Army larly those serving in Iraq and Afghani- personnel, about 3,800 Army National NAYS—2 stan, will be greatly heartened to hear Guard personnel and almost 1,500 Army Byrd Harkin that the Senate has given the strongest Reservists who are not allowed to leave possible advice and consent, each Mem- military service despite having ful- NOT VOTING—3 ber coming to the floor and casting filled their service obligations. Kennedy McCain Obama their vote. I think it is a landmark sit- LTG James Thurman, the Army’s The nomination was confirmed. uation and one which is respected and deputy chief of staff for operations, has The PRESIDING OFFICER. The appreciated across our uniformed serv- said that he hoped, but could not prom- question now is, Will the Senate advise ices and the many civilians who serve ise, that if the demand for troops sta- and consent to the nomination of Lt. with them. bilized at around 15 combat brigades, Gen. Raymond T. Odierno to be Gen- the use of the ‘‘stop loss’’ could be eral? I yield the floor. ended by the end of fiscal year 2009, or Mr. WARNER. Mr. President, I ask Mr. FEINGOLD. Mr. President, it is the beginning of fiscal year 2010—in for the yeas and nays. generally my policy to defer to Presi- September or October of 2009, more The PRESIDING OFFICER. Is there a dents on executive branch nomina- than a year from now. ‘‘But demand ex- sufficient second? tions. Accordingly, I voted to confirm ceeds supply right now,’’ he stated. For There is a sufficient second. the nominations of General Petraeus the 12,000 affected servicemembers, and The clerk will call the roll. and Lieutenant General Odierno. How- those who will become eligible to retire The legislative clerk called the roll. ever, I am concerned that General or leave service between now and late Mr. DURBIN. I announce that the Petraeus has not always been forth- right in his congressional testimony 2009, this amounts to another 18 Senator from Massachusetts (Mr. KEN- about matters such as the limitations months of forced conscription. Until NEDY) and the Senator from Illinois of the Iraqi Security Forces and Iran’s the practice of ‘‘stop loss’’ is ended, (Mr. OBAMA) are necessarily absent. perhaps General Petraeus and other Mr. KYL. The following Senator is influence over the Iraqi government. I military leaders should remain in their necessarily absent: the Senator from am also concerned that General Petraeus, as CENTCOM Commander, current assignments until the U.S. can Arizona (Mr. MCCAIN). transition the responsibility for the se- The PRESIDING OFFICER (Mr. would continue to prioritize deploy- curity of Iraq to Iraqis. ments to Iraq over Afghanistan, de- TESTER). Are there any other Senators Mr. LEAHY. I ask for the yeas and in the Chamber desiring to vote? spite al-Qaida’s safe haven along the nays. Afghanistan border in Pakistan and its The result was announced—yeas 96, The PRESIDING OFFICER. Is there a support for a resurgent Taliban. I look nays 1, as follows: sufficient second? forward to a new administration that There appears to be a sufficient sec- [Rollcall Vote No. 172 Ex.] recognizes that the Iraq war is a dis- ond. YEAS—96 traction from our top national security The question is, Will the Senate ad- Akaka Coburn Hagel priority—the global fight against al- vise and consent to the nomination of Alexander Cochran Hatch Qaida and its affiliates. GEN David H. Petraeus to be general? Allard Coleman Hutchison Barrasso Collins Inhofe Mr. HARKIN. Mr. President, today, The clerk will call the roll. Baucus Conrad Inouye the Senate considered nominations for The assistant journal clerk called the Bayh Corker Isakson roll. Bennett Cornyn Johnson two very important positions that will Mr. DURBIN. I announce that the Biden Craig Kerry affect how our country moves forward Senator from Massachusetts (Mr. KEN- Bingaman Crapo Klobuchar in Iraq and the Middle East. While I Bond DeMint Kohl highly respect the service that these NEDY) and the Senator from Illinois Boxer Dodd Kyl (Mr. OBAMA) are necessarily absent. Brown Dole Landrieu men have provided to their country, I Mr. KYL. The following Senator is Brownback Domenici Lautenberg do not believe that either General necessarily absent: the Senator from Bunning Dorgan Leahy Petraeus or Lieutenant General Burr Durbin Levin Arizona (Mr. MCCAIN). Byrd Ensign Lieberman Odierno will take the United States in The PRESIDING OFFICER. Are there Cantwell Enzi Lincoln the direction that we need, particu- any other Senators in the Chamber de- Cardin Feingold Lugar larly in Iraq where we need a timetable Carper Feinstein Martinez for redeployment of United States siring to vote? Casey Graham McCaskill The result was announced—yeas 95, Chambliss Grassley McConnell forces so that our country can begin to nays 2, as follows: Clinton Gregg Menendez more effectively address the very real

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6535 threat posed by terrorists in other The assistant legislative clerk pro- that we are facing a crisis in this coun- areas, such as Afghanistan, as well as ceeded to call the roll. try and that the President and the Con- around the globe. Mr. SANDERS. Madam President, I gress have to act. I believe that General Petraeus has ask unanimous consent that the order Let me read a support letter I re- been an unapologetic supporter of this for the quorum call be rescinded. ceived from the AARP, the American misguided war in Iraq, continually toe- The PRESIDING OFFICER. Without Association of Retired Persons. As you ing the administration’s party line and objection, it is so ordered. know, the AARP represents over 39 failing to acknowledge many of the ENERGY million Americans, and this is what grave failings that have occurred. The Mr. SANDERS. Madam President, I the AARP said. military alone will not be able to sta- want to take a moment to speak about AARP fully supports the Warm in Winter bilize Iraq, we must understand the po- one of the most important issues facing and Cool in Summer Act. This legislation our country right now, and that is the will provide needed relief for many older per- litical and diplomatic situation at sons who may not receive assistance—de- hand, and I do not believe that under energy crisis, in terms of the high cost spite their eligibility—due to a lack of fund- General Petraeus’ leadership, the nec- of energy and the fact that people will ing. Older Americans who are more suscep- essary reconciliation to allow the Iraqi be suffering very significantly this tible to hypothermia and heat stroke know Government to take control has oc- coming winter—in fact, this summer— the importance of heating and cooling their curred. General Petraeus has shown no if we do not address it. homes. They often skimp on other neces- willingness to take us in this new di- In that regard, on June 24, I intro- sities to pay their utility bills. However, to- duced S. 3186, the Warm in Winter and day’s escalating energy prices and the Na- rection, and it is for this reason that tion’s unpredictable and extreme tempera- cannot support his nomination. Cool in Summer Act, to provide imme- tures are adding to the growing economic With respect to Lieutenant General diate relief to millions of senior citi- hardships faced by seniors. LIHEAP is under- Odierno, I believe that his past com- zens, families with children, and the funded and unable to meet the energy assist- mand of the 4th Infantry Division dem- disabled, who are struggling to pay ance needs of the program’s eligible house- onstrated what I consider to be serious their home energy bills. Specifically, holds. flaws in judgment. General Odierno re- this bill would nearly double the fund- I thank the AARP very much for fused to characterize the insurgency ing for the highly successful Low-In- their strong support of this legislation. that began after the fall of the Saddam come Home Energy Assistance Pro- Let me also quote from a very recent Hussein regime as anything that was gram, commonly called LIHEAP, in fis- New York Times editorial. This is what serious and worthy of U.S. strategy cal year 2008, taking LIHEAP from the New York Times said the other shift. As we know, the failure to cor- $2.57 billion to $5.1 billion, a total in- day. rectly assess the nature of the insur- crease of over $2.5 billion. A bill just introduced in the Senate would gency helped fuel years of violence in I thank Majority Leader REID for provide about $2.5 billion under the Low-In- come Home Energy Assistance Program. Iraq. completing the rule XIV process for this important piece of legislation and Half would be released to the States to help We are long overdue for a new course low-income residents pay their energy bills in Iraq. The tragically overwhelming placing it directly on the Senate cal- and half would sit in a contingency fund that costs of this war in both lives and re- endar. My understanding is that we could be tapped at the discretion of the sources have distracted us from the ini- will have this bill on the floor before President. When the bill comes up for a vote, tial task of fighting al-Qaida. It is time we recess for the August vacation. It is likely later this month, Congress should ap- that we have leaders who will be able important we do that, and I thank Sen- prove it and President Bush should sign it into law. As the economy slows and oil to independently assess our military ator HARRY REID very much for allowing us to move forward in that direc- prices rise, helping Americans who cannot mission in Iraq, Afghanistan, and the afford to heat their homes is a matter of Middle East rather than unquestion- tion. public health and safety as well as a moral ably support the failed policies of this I also thank the 26 Senators who are imperative. People without adequate heat administration. cosponsors of this tripartisan legisla- are vulnerable to illness, and people strug- tion. This bill absolutely is a gling to pay the heating bills may be tempt- f tripartisan piece of legislation. At this ed to skimp on medicines and even food. No LEGISLATIVE SESSION point, we have 18 Democrats on board, one should have to choose between heating we have 8 Republicans on board, and I and eating. If they act this summer, as they The PRESIDING OFFICER. The Sen- expect more will be coming on in the must, before the Presidential and congres- ate will now resume legislative session. sional campaigns send everyone home, Con- coming days and weeks. I thank Sen- gress and President Bush can help make sure f ators OBAMA, COLEMAN, LEAHY, SMITH, that nobody has to make that choice. AMERICAN HOUSING RESCUE AND DURBIN, SNOWE, MURRAY, SUNUNU, That is from the New York Times, FORECLOSURE PREVENTION ACT LANDRIEU, COLLINS, MURKOWSKI, CLIN- and I appreciate the support of the New OF 2008—Continued TON, LUGAR, CANTWELL, GREGG, KERRY, York Times on this issue. CARDIN, KENNEDY, SCHUMER, BROWN, Make no mistake about it, we have Mr. WARNER. Mr. President, I sug- KLOBUCHAR, MENENDEZ, CASEY, BINGA- an energy emergency in Vermont and gest the absence of a quorum. MAN, STABENOW, and LAUTENBERG for all across this country, and it is about The PRESIDING OFFICER. The their support. time the President and the Congress clerk will call the roll. This legislation not only has strong treated this as the emergency it is. As The assistant legislative clerk pro- bipartisan support here in the Senate, many of my colleagues understand, the ceeded to call the roll. it is also moving in the House, and it price of heating oil skyrocketed last Mr. STEVENS. Madam President, I also has been endorsed by numerous winter, making it extremely difficult ask unanimous consent that the order groups all across this country, includ- for some of my constituents and people for the quorum call be rescinded. ing the AARP, the National Grange, all across this country to stay alive, The PRESIDING OFFICER (Ms. the National Conference of State Leg- especially when the temperature KLOBUCHAR). Without objection, it is so islatures, the National Community Ac- dropped well below zero. Next winter ordered. tion Foundation, the National Associa- will even be worse. REQUEST TO BE EXCUSED tion of State Energy Officials, the Alli- At this time last year, heating oil Mr. STEVENS. Madam President, I ance For Rural America, the Northeast prices were about $2.50 a gallon. Today, ask unanimous consent that I be ex- Public Power Association, the National they are about $4.50 a gallon. Fuel deal- cused from the call of the Senate until Consumer Law Center on behalf of its ers in Vermont are telling me that if the first vote that occurs on July 14. low-income clients, the Edison Electric this trend continues, heating oil prices The PRESIDING OFFICER. Without Institute, the National Fuel Funds could surpass $5 a gallon by December. objection, it is so ordered. Network, and the Petroleum Marketers I must tell you, Madam President, that Mr. STEVENS. I suggest the absence Association of America. all across my State people are very of a quorum. I think we are going to show more worried about how they will in fact be The PRESIDING OFFICER. The and more support in coming weeks, but able to adequately heat their homes clerk will call the roll. there is a widespread understanding next winter.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6536 CONGRESSIONAL RECORD — SENATE July 10, 2008 Meanwhile, LIHEAP funding is 23 these hot-weather States. Arizona, In addition to all that I have said, it percent less than it was 2 years ago, Georgia, Louisiana, Kentucky, Mis- is important to understand that tens of completely eviscerating the purchasing sissippi, and Florida have either ex- thousands of Americans have had their power of this extremely important pro- hausted all their LIHEAP funding or utility and natural gas service shut off gram. In fact, after adjusting for infla- are on the verge of running out of this year, and millions more are in tion, the Federal Government spent funds. In other words, they will have danger of having these services cut off more money on LIHEAP 20 years ago absolutely no support from the Federal because they are at least 1 month late than it is spending today. So we have a Government to help millions of senior in paying their bills. There is a lot of real crisis we have got to address. citizens on fixed incomes, low-income attention, obviously, on housing fore- It is not an exaggeration to say this families with kids or the disabled stay closures that we have been focusing on. is a life-and-death situation. People cool this winter. They are running out But let us not forget that as people use that phrase often, but in this sense of funds right now. lose their jobs, as people’s wages de- we are describing the reality facing a As I have indicated, with the price of cline, as utility bills go up, we are number of people. According to the electricity going up and up, with the looking at utility cutoffs in a very dra- Centers for Disease Control, over 1,000 economy in the tank, people are having matic way. Americans all across this country died a harder and harder time paying their Increasing LIHEAP funding will from hypothermia in their own homes electric bills, air-conditioners are run allow these Americans to turn their from 1992 to 2002, the latest figures we on electricity, and if you don’t have electricity and other essential utility have available. Over 1,000 Americans your electricity, you don’t have your services back on right now so they can died from hypothermia. In other words, air-conditioner, and if you are old and cool their homes this summer and heat they froze to death in the United you are frail and you are sick, you are their homes next winter. According to States because they were unable to af- in a lot of trouble. the National Energy Assistance Direc- ford to heat their homes. How many of From 1999 to 2003, over 3,400 deaths in tors’ Association, a record 15 million these deaths were preventable? Well, this country were due to excessive American families, or nearly 15 percent the answer is, all of them, according to heat. All these deaths were prevent- of all households, are at least 30 days the CDC. able, and air-conditioning is the best overdue in paying their utility bills. We will probably not know for sev- way to prevent these deaths from oc- Let me conclude by thanking the 26 eral years how many Americans died curring, according to the Centers for cosponsors, including 8 Republicans, last winter because they could not af- Disease Control. In fact, more people in who are onboard this legislation. Let ford to heat their homes, but clearly the United States—and this is an inter- me thank AARP and the many na- one death is too many. And everything esting fact that I think many people tional organizations that are sup- being equal, if we do not act, I think are not aware of—more people in the porting this. Let me thank Senator we can reasonably expect the number United States have died from the ex- REID for completing the rule XIV proc- of people dying of hypothermia in this treme heat than from floods, torna- ess. country will only go up. If heating oil does, and hurricanes combined, since I hope very much that in a week or even approaches $5 a gallon by next 1998. two, certainly before we break for the winter, we will have a public health CNN may not be in a senior citizen’s August recess, we will be voting on this emergency throughout the northern bedroom when she expires because of legislation. I hope we win it by a very tier of this country, and this is some- heat exhaustion. They are there with large majority. thing we have to address. the floods and hurricanes and cyclones I thank Majority Leader REID and all I wish also to point out that, al- and tornadoes—we understand that. my colleagues who are supporting this though I come from a cold weather But we need to reiterate that more legislation and look forward to, in the State—and I hope and expect all of my people in the United States have died very short term, reassuring people colleagues understand this—LIHEAP from the extreme heat than from throughout this country that we are does not only help constituents in the floods, tornadoes, and hurricanes com- mindful of the impact high energy northern part of our country stay bined. costs are having on their lives, and we warm in the winter, it also helps people Meanwhile, the Federal Government are here to do something about it. in the South and the West stay cool in spends less money preventing these I yield the floor and I suggest the ab- the summer. Right now, many people deaths from occurring than any other sence of a quorum. in the southern and western States are natural disaster we face, according to The PRESIDING OFFICER. The suffering with temperatures frequently the CDC. clerk will call the roll. soaring past 100 degrees while their My point is, hurricanes and floods The bill clerk proceeded to call the electricity prices are rapidly increas- certainly are emergencies. I have al- roll. ing. ways supported efforts to address these Mr. GRASSLEY. Madam President, I I was in Nevada last week, and the emergencies. I want my colleagues to ask unanimous consent that the order temperature there was something like know that when the weather gets 20 for the quorum call be rescinded. 110 to 115 degrees. That is hot. I cannot below in Vermont and Maine and New The PRESIDING OFFICER. Without imagine a frail or elderly person, some- Hampshire, that is an emergency. objection, it is so ordered. body who is ill, trying to survive in When the weather gets to 110 degrees in Mr. GRASSLEY. Madam President, I that kind of weather. Those people are California or Nevada, that is also an ask the question, are we in morning going to need help today as much as emergency. We have to act. business? people in the North will need help when My legislation will begin to move us The PRESIDING OFFICER. The Sen- the winter comes. in the right direction. If this legisla- ate is not in morning business. Recently, USA Today ran a headline tion becomes law, as I certainly hope it Mr. GRASSLEY. I ask unanimous on its front page and it said: will be, the State of Arizona would re- consent to speak for a few minutes as in morning business. Price jolt: Electricity bills going up, up, ceive over $24 million, the State of up. Kentucky would receive over $34 mil- The PRESIDING OFFICER. Without objection, it is so ordered. That was a headline, front-page lion, the State of Georgia would re- story. According to this story: ceive over $70 million, and the State of ENERGY Florida would receive over $80 million Mr. GRASSLEY. We are all aware of Utilities across the USA are raising power prices up to 29 percent, mostly to pay for to keep their residents cool this sum- the impact rising energy costs have soaring fuel cost. . . . The spikes come after mer. had on Americans and our economy. rising fuel prices already have driven up util- The point I am making is, I don’t Every home and business in America ity bills nearly 30 percent the past 5 years, want anybody to think that because I has seen energy costs skyrocket. That the sharpest jump since the 1970s energy cri- represent Vermont and we are from the is true with the price of home heating sis. Northeast, that this is simply a cold- oil, electricity generated from natural Let me give an example of why weather issue. It is not. It is an issue gas or the gasoline and diesel for our LIHEAP funding is vital, right now, for for every region of this country. cars and trucks, and probably a lot of

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6537 other energy uses and sources of en- You have to do drilling and you have same ones who are blaming high gaso- ergy you could throw in there as well. to do conserving. But you also have to line prices on the Bush administration These costs permeate through our have that third factor, which is very are the very same ones who do not economy by driving up costs for the popular with a person like me, alter- want to drill. It does not add up. That transportation and production of food, native energy, because alternative en- is why I say it is intellectually dis- to the manufacturing and industrial ergy, in the case of ethanol as an exam- honest. It is disingenuous to clamor sectors of our economy. Obviously, ple, is good for farmers, is good for the about the cost of crude oil and gasoline those hurt most are the families who environment, and it is good for jobs in while ignoring half of the law of supply feel it in their pocketbooks when they rural America. We never thought we and demand. pay their utility bills, fill their cars or would have these kinds of jobs where Members of this body continue to trucks to get to work or take their we set up a refinery in rural America point out the outrageous burden to our kids to school, or even buy groceries. to make alternative energy. It is good citizens because of high energy costs. I They do not have the ability to pass it for our national security, and it is good would suggest that some should look on, as do people in the middle of the for our economic security. So you have closely at the votes they cast that lim- chain. to have a broad base. ited the development of our domestic A key component of a strong and vi- One area in which we have done lit- resources. We have a responsibility brant economy is reliable and afford- tle, though, to help ourselves is the de- here in Congress to address the under- able energy. For businesses to grow, for veloping of domestic sources of tradi- lying causes of high energy costs. That productivity to increase, we need more tional energy. For too many years, we includes increasing energy efficiency, energy. And in the process of more en- have shunned the use of domestic af- producing alternatives and renewables, ergy, I mean more sources of energy, fordable coal and we have hindered the and developing domestic traditional but I do not preclude any way we can expansion of our domestic nuclear en- sources. In other words, let me get save energy, and an ethic to save energy. Why would we do that when back to the three-finger rule: No 1, ergy as well. France gets 80 percent of its energy more drilling; No. 2, Government in- It is a fact of life that each American centives for alternative energy; No. 3, from nuclear? Why would we not have generation has lived better than the Government incentives for conserva- the reprocessing of spent nuclear fuel predecessor generation, and my generation and also what individuals can do when they do it in other countries to tion and the next generation and the in conservation. next generation expects to live a little reduce the necessity of finding a stor- I point out something that is just ir- better than the previous generation. age place for it to such a great extent rational, irrational right here on Cap- That is the American dream; that is as we have in this country? itol Hill. I saw it—let’s see, what time What is it that people, young people, the American way. It is not going to was it today? It was 11 o’clock. I was would come to my office last fall and happen if we do not have affordable en- out on the steps to meet with members ergy. To have affordable energy, it is as say: We ought to stop using coal. Well, of the Iowa FFA, the Future Farmers simple as economics 101: when the price when you generate 55 percent of your of America, the leaders who are here to is high, with an increased supply, the electricity on average from coal, what study leadership and to learn about the price will go down. do they expect—that we should not political process. Lined up across this So all of this means that we need to have lights, we should not have electric new brick area out here east of the use energy not only more but more ef- motors on our air-conditioning, et Capitol were a whole bunch of black ficiently. It also means you cannot rely cetera? Where do they get ideas like SUVs idling, parked and idling. Why just on fossil fuels. God only made so that? can’t we have an ethic on Capitol Hill, much of that. We need to develop alter- There is something wrong when there whether it is Ambassadors who are native and renewable sources of en- is not some reality to what the energy coming up here, whether it is the Vice ergy. But renewable energy and energy situation is in this country and you President coming up here, or whether efficiency are only a part of the solu- should not use coal and you should not it is our own elected leaders who have tion. I guess I would say that when you use nuclear energy. Where does that chauffeur-driven cars, to turn off the talk about energy, you talk about sort of thought take you? It does not cars? If you want to stay cool, come in three: No. 1, more sources of present meet the commonsense test that we this building and save the $4 gas. We fossil fuels; No. 2, alternative energy— would establish in the Midwest of have to promote some leadership on and for a guy like me from corn coun- something being a good idea or a bad conservation here, and it can start try, I am not talking only about eth- idea. right here with the Federal Govern- anol, but biodiesel, biomass, wind. I As a result of our policies here in ment. I do not know who owns those happened to sponsor, 15 years ago, the Washington, we have driven the expo- black SUVs. I got a couple of license wind energy tax credit that now exists nential demand for clean-burning nat- plates I am going to look up. But we and which has brought vibrant wind en- ural gas and pushed our oil dependancy can set an ethic here. ergy to a lot of the Midwest. And also, to nearly 60 percent. Yet we have done But you have to have all three of lastly, conservation. I am talking very little to increase the supply of en- these, and conservation is one of them. about not only a Government policy on ergy to meet new demand because of an You can have tax incentives for con- conservation which we have in place in attitude of ‘‘no drill, no drill.’’ servation, but you can also do a lot of the sense of a tax incentive for fuel-ef- What is the sense of paying $140 for a personal conservation. Even with my ficient cars and also tax incentives for barrel of oil, sending it over to some own staff sometimes, you drive up to energy-efficient home appliances, to Arab nation where they are going to park to go into a town meeting, and name two, but there is a personal ethic train terrorists to kill us because they they sit there for 10 seconds before of more conservation that we are see- do not like us? It would be better to they turn off the ignition. I have ing in America right now. The latest keep that $140 here in the United learned to reach over and turn it off figures I know of are March 2008 versus States. It would be good for our econ- just as soon as the car has come to a March 2007. Because of the increased omy. It would be better for our na- complete stop or even just a little bit price of gasoline, we drove 5 percent tional defense. It would be better all before. less miles this March than a year ago, around. Another problem we have in this and that is the largest decrease or It is intellectually dishonest to talk country is the United States is the greatest decrease in energy use since about the offensively high prices of only country I am aware of that is energy was this high on an inflationary home heating fuel or $4 gasoline for our choosing not to drill where we know oil basis back in 1979. cars while also opposing every effort to and gas exist. So Americans are conserving price, increase the supply of home heating oil How many times have we heard on they are conserving when they buy and natural gas that would lower these the Senate floor: There is only 13 bil- these fuel cell cars where you get the prices, a la economics 101: if you in- lion barrels of oil in Alaska. It is going tax credit. But it cannot only be con- crease supply, the price goes down. It to take 10 years to access and get it servation. And too often I hear in this seems to me that some of my col- down here. It is not going to make any body: Do not drill; conserve. leagues whom I listen to here—the very difference.

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Now from Iowa and not do either/or, this or hancing the inventory of known oil we are dependent upon other countries that, no just this, no just that. We need supplies worldwide because, just like for 55 percent of that fertilizer. Con- to do all of the above. Our energy situ- money is fungible, oil is fungible. gress must act to develop our resources ation is so dire, we need to use less and Wherever you find another drop of oil, at home. We can take action today to find more right here at home. And we it has some impact on the inventory. It develop in responsible ways our own have the ability to do that. So, once has some impact on supply. So it ought domestic supplies of oil and natural gas again, why aren’t we acting? to be just as big or twice as big of a What I am saying is, you can do this Unfortunately, right now this ques- deal because we have 13 billion barrels and not harm the environment. tion could not be clearer because while of oil in Alaska, as an example. A bill I recently cosponsored, intro- Americans in every State of the Union Isn’t this silly? Here in the United duced by Senator MCCONNELL, would face this challenge every time they go States, these lower 48, we have Mexico take action to reduce gas prices. It to the gas station, every time they south of us, Canada north of us. They would allow States to explore for oil or look at their family budget, the Senate are doing everything they can to find natural gas in the Outer Continental is doing something very different. The every drop of oil they can; in Canada, Shelf. It would allow Governors in distinguished majority leader is plan- getting it out of the tar sands. Yet coastal States to petition for a lifting ning to turn from the legislation on what is unique about the United of a moratorium within their State the Senate floor now regarding housing States? We are part of North America. boundaries. The Pacific and Atlantic and next take up not energy, not gaso- We are right in the middle of North regions of the Outer Continental Shelf, line prices, but a bill that would triple America. North and south of us is which this bill would allow for leasing, the level of foreign aid that we send every attempt to get every drop of en- hold an estimated 14 billion barrels of overseas in terms of AIDS relief. AIDS ergy they can but not here. Isn’t there recoverable oil and 55 trillion cubic is a very serious worldwide problem. something wrong with us when we take feet of natural gas. But a moratorium But let me say two things. First, under that attitude? But while you take that currently prohibits production in those President Bush’s leadership, the United attitude, it is OK to ask the Saudis for very areas. The Gas Price Reduction States has led the world in addressing more oil. It is OK to ask to be depend- that issue, particularly in Africa, in a ent on countries such as Iran and Ven- Act would take sensible action to allow very aggressive way. I support that. ezuela for our economic security. It is these resources to be developed. It is time that we end the obstruc- OK to send $140 a barrel over there. President Bush has led that, with oth- tion of reasonable, environmentally re- But, boy, don’t take a drop of oil out of ers in the private sector such as Bono. sponsible development of domestic oil the ground here where we are not drill- But we are doing that. and gas resources. The question I am bringing up is, is ing now and keep the $140 here. It is Bottom line: I hope my colleagues it really appropriate now at this mo- not OK to open areas at home where we will recognize the extreme burden ment to take up a bill to more than tri- know there is oil and gas. As I say so often, this defies common American consumers are experiencing. ple that foreign aid rather than taking sense. I think my constituents know it It is past time to take action to in- up a bill to address energy and gasoline because in every one of the 14 town crease our energy supply, increase our prices by using less and finding more meetings I had Monday, Tuesday, economic and national security, and right here at home? Wednesday, and Thursday of last week develop the resources that God gave us. I can tell you what the American in western Iowa, this issue of why we I yield the floor. people would say. Everyone in the The PRESIDING OFFICER. The Sen- don’t drill for our own oil has come up. State of Louisiana, everyone I know ator from Louisiana. For 4 years before that, I don’t think I across the country would say: that is Mr. VITTER. Madam President, I rise heard much about it. But it sure is a not a close call. That is not a close to talk about the very serious energy big deal waking up people. Maybe that call. Global AIDS is a huge problem, situation. There is a crisis focused is some advantage of $4 gas. It is harm- and we have acted aggressively to help around gasoline prices that we face in ful to the economy, harmful to middle- address it. The United States has led in our country. I want to start by compli- income people, more harmful to low-in- that effort. But what is hurting us menting the distinguished Senator come people, but it might wake up every day, every week, every month, America to have a more balanced en- from Iowa for doing the same, for fo- every time we go to the gas station, ergy policy, which is threefold: drill, cusing on this crucial priority that every time we have ever more painful alternative energy, and conservation. every American is facing, is struggling discussions at the family kitchen table There are some on the other side of with in terms of dealing with the fam- about the budget, what is impacting us the aisle who wouldn’t be able to point ily budget. I certainly agree with my is gasoline prices and energy. They to a single area where we should look colleague, this is the No. 1 concern of would say that is not a close call. for oil and natural gas. We have four or every American I talk to. Literally ev- In this context, I urge the majority five people on my side of the aisle. So eryone I talk to says this is the top pri- leader to turn to what is clearly the this is just not a Democratic thing, but ority. This is a true crisis. This isn’t top priority of the American people. It there are more Democrats who believe just hitting me in the pocketbook is real simple. They elect us to come to that than Republicans. every day, every week, every month. the Senate, to come to the House and In 2006, Congress took action and This is threatening our future. This is act together as grown-ups in a bipar- voted to open 8.3 million acres in the threatening our economy. tisan way to solve real problems. It is Gulf of Mexico to oil and gas drilling. Given that, there is an obvious ques- also real simple: The biggest very real However, when the Senate considered tion that those same Louisianans and problem they face is gasoline prices the Gulf of Mexico Energy Security Americans are also asking. The ques- and energy. Why aren’t we acting? Act in August of that year, 24 Demo- tion is, why isn’t Congress acting? They are asking that over and over. crats, including Senator OBAMA, or 57 They hear us talking and making Yes, we talk and speechify and jabber percent of the caucus opposed that leg- speeches and squabbling back and and often finger point, but why aren’t islation. This was even after Hurri- forth, but the obvious question they we acting? canes Katrina and Rita ripped through are asking is, why isn’t Congress act- I believe the solution is simple. As the gulf without a single oil or gas in- ing on this crisis that all of us face soon as we finish the matter which we cident. every day, every week, every month, will hopefully wrap up today, the hous- Today oil is more than $135 a barrel. that threatens our families’ futures, ing bill, we should turn to what is by Families, small businesses, and truck- that threatens our economy? far the top priority, worry, concern of

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6539 the American people. We should turn would say we can go after those re- than the normal forces of supply and to legislation to directly address gaso- sources that are 50 miles or more off demand. line prices, the energy situation, by our coasts if the host State involved So that is part 4 of the bill, address- both using less at home and finding wants us to do that, and if we give a ing legitimate concerns about specula- more right here at home to lessen our fair revenue share of 37.5 percent to tion, putting more cops on the beat, dependence on foreign sources. that host State to compensate that giving more authority to those regu- Again, that is a pretty clear choice. host State for any difficulty and in- latory bodies which are supposed to be What do we go to next? The distin- volvement and partnership involved. looking after that issue. guished majority leader’s suggestion is In so doing, that would be expanding These four components of this bill a bill to more than triple the foreign on a very important precedent, a very are not the only four good ideas out aid we already send overseas for HIV/ important policy we set 2 years ago there. There are plenty more good AIDS relief. Again, that is a serious when we established that historic rev- ideas. There are plenty of other things issue and a serious problem. We have enue sharing specifically—37.5 per- we do need to do. I would like to open been addressing it in a serious way: $15 cent—in opening new areas of the gulf. up ANWR, the Alaska National Wildlife billion for that program under Presi- So that is part 1 of the bill. Refuge. I would like to put additional dent Bush’s leadership. But the ques- Part 2 of the bill turns to the enor- incentives in place for fuel efficiency tion is, what do we do next? Turn to a mous resources we have on land in the and conservation and new sources of bill that would more than triple that United States. It turns to States in the energy. There are a lot of exciting pos- sibilities in my own State of Louisiana or turn to a bill to address the top con- Western part of the United States, for certain biofuels, including that pro- cern, bar none, of the American people, where there are enormous shale reduced from sugar, that produced from gasoline prices and energy? I would ob- sources, and says: We will allow pro- new crops with sorghum, and other viously suggest the latter. duction of energy in those shale depos- very promising biofuels that do not There are lots of ideas around about its. If you think it is maybe the wrong have nearly the significant impact on what we need to do on the energy front. policy to put 85 percent of our re- food and commodity prices as ethanol The first consensus we should reach is sources offshore off limits, in the in- does. that we should do a whole lot of these stance of Western shale, it is worse. So we need to do more. These four ideas. It is not either/or, one side or the Congress has put 100 percent of that en- parts of this bill are not the only four other. It is not just conserve or just ergy off limits because of a bar, a mor- good ideas out there. But we need to drill. It is, as the distinguished Senator atorium, Congress has set saying: We have this debate in a grownup, bipar- from Iowa said, all of the above. We cannot use any of that energy. tisan way. We need to come together need to use less and find more and Once again, the American people are with all the good ideas out there and produce more right here at home. stunned. They do not get this. They present them in the best tradition of Many of us, well over 40 in this body, face a real crisis in terms of energy. the Senate, which is open debate and have come together around such a bill. They know more supply, particularly open amendments, and then—and this That bill is S. 3202, the Gas Price Re- here at home, can stabilize prices, can is the most important part—and then duction Act. That bill is aimed to di- increase our independence, and yet a we need to act. We need to stop simply rectly address this current gasoline majority in Congress is saying: 100 per- speechifying, simply posturing, simply price crisis and the current energy sit- cent of that is off limits. That does not talking, and act. uation. It would do it in a broad-based make sense. So part 2 of this bill, S. So I believe we must turn to this top way, not everything under the Sun. It 3202, the Gas Price Reduction Act, concern and priority of the American is fairly focused, but it would do it in would allow exploration in those West- people next. I believe we should not a broad-based way by both using less ern shale deposits. move from this housing bill which we and finding more, producing more right Part 3 turns to the demand side be- are on right now to a bill that would here at home. It has four main compo- cause it is not either/or. It is not just more than triple our foreign aid that nents, each of which is important. one thing or just another. It is not currently goes overseas to combat the First of all, let me mention the com- drill, drill, drill, and do nothing else. very serious problem of AIDS and HIV. ponent I worked very hard on. I drafted But we also need to conserve and use But instead we should turn to the top this component as a stand-alone bill, new sources of energy. So title III of priority of the American people: gaso- but the main outline of the provisions the bill would create major new incen- line prices and energy. was also adopted in the broader bill; tives to push forward technology and With that in mind, I offer a very sim- and that would be to open our vast, sig- bring it to market more effectively in ple and straightforward unanimous nificant resources of oil and natural terms of electric and plug-in cars. consent request. It would say: Yes, this gas that lie in our ocean bottoms off That is a very exciting technological is the top priority of the American peo- the coasts of the United States. development that is progressing. But ple, so we are going to turn to it, and When I explain this to most folks in we can push it along. We can create tax we are going to have an open debate, Louisiana, they are stunned that we and other incentives to hasten the de- and we are going to let amendments have major, significant untapped re- velopment of larger batteries so these come to the floor, we are going to have sources in our ocean bottoms well off plug-in cars can be part of the answer an open process and actually have de- our coasts, but Congress has acted in in terms of our transportation issue, bate and votes on all those amend- the past to take almost all that off the can lessen our use of gasoline, can less- ments, and then we are going to act be- table. In fact, of all those oil and nat- en our reliance on dangerous foreign cause that is what the American people ural gas resources we have in our ocean sources. The third part of the bill does want. bottoms off our coasts, Congress has that. It creates major incentives. It is UNANIMOUS CONSENT REQUEST—S. 3202 said we cannot touch 85 percent of it. a major push to the development of So, Madam President, in that spirit, Fifteen percent, yes. That is mostly more plug-in, electric, and related I ask unanimous consent that upon dis- in my part of the world, in the Gulf of technology cars that can lessen our de- position of H.R. 3221, the housing legis- Mexico, and mostly the western gulf. mand. lation, the Senate immediately proceed But for 85 percent, Congress has said: Then, the last part of the bill, part 4 to the consideration of calendar No. No. Can’t touch that. Can’t get that. of S. 3202, the Gas Price Reduction Act, 854, which is S. 3202, the Gas Price Re- Yes, it will lessen our dependence. Yes, would look at this very worrisome duction Act, a bill to address record- we can do it in an environmentally sen- issue of speculation. It would give new high gas prices at the pump; and I fur- sitive way. Yes, we have new tech- power, new authority to the agency ther ask unanimous consent that there nology. Yes, we have lateral drilling, that has authority and a role in the be 4 hours of general debate, equally di- horizontal drilling, and the like, but regulation of speculators. It would put vided, and upon the use of yielding you can’t touch that. Eighty-five per- more policemen on the beat, if you back of that time, the Senate then pro- cent of that is off limits. will, to make sure there is not inappro- ceed to consider amendments to the The first component of our bill, S. priate, out-of-control speculation that bill in a full and open amendment proc- 3202, the Gas Price Reduction Act, may be running the price up even more ess, as is the tradition of the Senate.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6540 CONGRESSIONAL RECORD — SENATE July 10, 2008 The PRESIDING OFFICER. Is there ready has access to and is largely not quest which is very important for con- objection? drilling on. So before we ask for more, sideration of these issues, to involve a The Senator from New Jersey. why don’t they move on that which full, open amendment process on the Mr. MENENDEZ. Madam President, they already have to drill on? floor of the Senate, rather than the dis- on behalf of the Democratic leadership, Secondly— tinguished majority leader doing what who intends to bring a comprehensive Mr. VITTER. Madam President, will he has done every time in the recent bill to deal with gas prices to the floor, the Senator yield for a question? past, which is filling up the tree and I have to object at this time. Mr. MENENDEZ. Madam President, blocking amendments. The PRESIDING OFFICER. Objec- after I make my statement, I would be Mr. MENENDEZ. Reclaiming my tion is heard. happy to. time on the floor, let me simply say, it Mr. VITTER. Madam President, re- Secondly, I think Americans would is always the majority leader’s desire claiming the floor and reclaiming my be shocked to know that a lot of the to have a full and open debate of the time, let me say that is very unfortu- domestic production in the country is Senate. However, there are those of our nate. I am sure the American people sold abroad. It is not used here at colleagues who wish to use that full are excited to hear that Congress home. That is something we want to and open debate to pursue amendments might get to it someday. The problem deal with as well, and that will be part that have nothing to do with reducing is, they have been straining under of a comprehensive bill that will come gas prices and dealing with our energy these record-high prices for months forward. crisis or to be able to pursue a course and they have been looking at Congress Those are two items that could be that can bring conclusion to a bill and and they have been seeing a lot of hot dealt with immediately. I think it is would give that type of relief to the air and no action. Now what they see is critical, and one of those two does not American people but string it out and the Senate taking up a bill to more even need a legislative response, al- string it out on issues that are not rel- than triple foreign aid that we send though, unfortunately, it is going to evant. That is when the majority lead- overseas for HIV/AIDS relief rather have to get one because the industry is er has faced the necessity of moving in than taking up what is the most impor- not pursuing 68 million acres they al- a different direction. tant challenge and crisis they face ready have. So that is alarming. So I do have the expectation that we every day: High gasoline prices and our I am glad to hear that some of my will have a good debate and, more im- energy situation. colleagues on the other side of the aisle portantly, we will have a good bill that In my mind, nothing could under- finally agree that market speculation will be comprehensive and that will score more clearly how out of touch is a critical part of this issue. We have give relief to the people, and I am the distinguished majority leader is been at this for some time, and this is happy to have answered my colleague’s from the concerns of the American peo- the first time we have heard that is a questions. ple. We need to turn to this—not some- critical component. It is a big part of The main purpose for which I come time, not in the future—we need to what many of the oil industry execu- to the floor as we debate the housing turn to this now. We need to recog- tives have testified to before Congress. bill is to rise again to be a voice for nize—not sometime in the future—that Finally, I would note it is interesting those who have no voice in this hous- this is an issue. We need to recognize to me, we brought bills here on critical ing crisis. Certainly, one of my col- now that this is the top issue, bar none, extenders in the area of making sure leagues on the other side of the aisle of the American people, and we need to that renewable energy sources were seems to not to hear the cries of chil- act. incentivized and brought to the mass dren who are being, in one respect, With that, Madam President, I yield market concentration we need so we punished through no actions of their the floor. can break our dependency on oil, pe- own—2 million of them in this country. The PRESIDING OFFICER. The Sen- riod, whether it would be foreign or do- I am not talking about homeowners, ator from New Jersey is recognized. mestic, and our colleagues on the other although I am certainly pleased that Mr. MENENDEZ. Madam President, side of the aisle objected. So you can- the bill we are considering today will parliamentary inquiry: I understand we not have it both ways. have a powerful impact on our Nation’s are in morning business? I am happy to yield to the Senator families. I am not talking about those The PRESIDING OFFICER. Senator, for a question. on Wall Street, as they seem to be the the Senate is considering a motion to Mr. VITTER. Madam President, I first group the administration rushes disagree to two House amendments thank the distinguished Senator. My to support. I am talking about our Na- under cloture. But Senators have re- only question, which I propose through tion’s children. quested time to speak as in morning the Chair to the distinguished Senator, I rise on behalf of nearly 2 million business. is, I am excited to hear we might turn children who will be directly impacted Mr. MENENDEZ. Let me ask another to all these issues sometime in the fu- by the mortgage crisis. These children parliamentary question: I am free to ture. I would like to know what that are not only taking a huge hit as pad- speak at this point without limitation? timetable will be. Specifically, will the locks get put on their front doors, but The PRESIDING OFFICER. The Sen- majority leader give us assurance that now they are likely taking another hit, ator may speak for up to 1 hour on the we will turn to this in a full way, in an as my colleagues on the other side of question before the Senate or the Sen- open amendment process, before the the aisle threaten to block a critical ator could request to speak as in morn- August recess? amendment that could give them re- ing business. Mr. MENENDEZ. Madam President, lief. Mr. MENENDEZ. Thank you, Madam reclaiming the floor, I will be happy to My amendment authorizes $30 mil- President. give my observation. I do not pretend lion in additional funding to the exist- Madam President, I am going to to speak for the majority leader in this ing McKinney-Vento Homeless Edu- speak on the motion, and that is the regard, but I do believe that, in fact, cation Program to support these chil- main purpose of my coming, but I do we will see such action before this re- dren. By the way, these children didn’t wish to say that, in fact, we will be cess is over, maybe as early as next decide to go out and get a mortgage. having a gas price bill and dealing with week. So I am very hopeful, and believe They had no legal authority to make those issues on the floor very soon. I very much so, that it is every intent of those decisions. They are the ones who know the Senate Democratic leader- the majority to deal with this in very get swept up in this process. They are, ship intends to bring such a bill, but it short shrift. for all intents and purposes, the worst will be a bill that is, hopefully, com- Mr. VITTER. Would the Senator victims of this process. prehensive in its nature and creates yield for another question? As I said, an estimated 2 million chil- real opportunities to reduce gas prices Mr. MENENDEZ. I would be happy to dren and young people, including 50,000 and meet with the challenges. yield for one more question before I get children in my home State of New Jer- One of the factors we have today that to the focus of my statement. sey, 20,000 in South Carolina, to men- we could get going on already is the 68 Mr. VITTER. That would be the section one other State, and over half a million acres that the oil industry al- ond part of my unanimous consent re- million Latino children nationwide

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6541 will be directly impacted by the fore- dren’s organizations and education or- With that, Madam President, I yield closure crisis, placing them at risk of ganizations have asked for this amend- the floor. poor school performance, behavioral ment as a modest way that our Nation The PRESIDING OFFICER. The Sen- problems, and other challenges as well. can support the nearly 2 million chil- ator from South Carolina is recognized. What happens is they lose not only dren who are suffering the con- Mr. DEMINT. Thank you, Madam their home, they lose the school they sequences of decisions made com- President. go to. They get moved around. They pletely outside of their control. Legend has it that as Rome burned don’t have a home and they get moved The foreclosure crisis is damaging many years ago, the Emperor Nero from school to school. If you are a stu- our economy, yes, but let us not forget stood on his balcony and fiddled. Now, dent—and it is not so long ago that I the children are the real victims of this we know he wasn’t exactly fiddling be- can’t remember—and you get yanked crisis, and—even worse—they are the cause the fiddle was not invented until in and out of school, in and out of silent victims. They can’t speak up for over 1,000 years later, but we do know school, your ability to perform is sim- themselves. They have no lobbyist here that he became synonymous with peo- ply undercut dramatically. in Washington roaming the halls, advo- ple who don’t get it, who don’t get the In one school district in New Jersey, cating for them. It is not fair that urgency and the seriousness of the the number of homeless students dou- these children get lost in the paper- issues they are dealing with. If there bled—doubled—this year, from 200 last work. They deserve our full support. has ever been an organization that fit year to 423 this school year, and that is This amendment is cosponsored by that metaphor better than Nero him- only in one school district. The fore- several of our colleagues, including self, it is this Congress, because clearly closure crisis is clearly having an im- Senator MURRAY and Senator BROWN, Congress is fiddling while America is pact, and the time is now to stop any and it has the full support of Senator burning. Americans are hurting. It is no exag- more schoolchildren from being af- KENNEDY. I wish to thank Senator geration. We hear it talked about here fected. ENZI, who worked with me on the lan- on the floor, but all we do is talk about An infusion of funds into the McKin- guage for this amendment to make it it. Gas prices are literally tearing fam- ney-Vento Homeless Education Pro- acceptable, and Senators DODD and ilies apart. Electric utilities have an- gram will help to ensure that students SHELBY, the chair and the ranking nounced they will raise their rates by who become homeless and are forced to member of the committee, who agreed over 30 percent because of the increase move from their homes do not also to include it in their provision in the in the cost of fuels. The speeches here have to leave their schools. managers’ amendment. Had I known on the floor of the Senate have tried to There are some who may be able to that in fact we were going to have the blame everyone but the people who are shrug this off as a small sacrifice. They objection of one of our colleagues to a responsible. We try to blame big oil or are the victims of this process or they bipartisan package, I would have speculators or Bush, when anyone—any are the calamities or casualties of this sought an individual vote, but I am be- thinking American who looks in—can process, but there is nothing small yond that ability today. conclude immediately that over the about the impact of changing schools In conclusion, USA Today, the Los last 20 years this Congress has stopped during this type of crisis. These chil- Angeles Times, and the Chicago Trib- the development of American energy une have all written about this critical dren are less likely to perform at grade and allowed us to be held hostage by issue, and a number of respected groups level in math and reading, more likely other countries and has allowed prices also support this amendment, includ- to be held back, less likely to graduate. to go up to the point that Americans There are long-term consequences to ing First Focus, the National Associa- are now being badly hurt. what for some may seem a short-term tion for the Education of Homeless What do we do when it becomes obvi- crisis. Children and Youth, the National ous that our lack of energy and our de- They are likely to have behavioral School Boards Association, and the Na- pendence on foreign oil is raising the issues. One study found that kids tional Education Association, to name prices to the point that Americans can forced to move frequently were 77 per- a few. no longer live; that $700 billion a year cent more likely to have behavior We have an opportunity to do some- is leaving our country, devaluing our problems than their peers. Another thing for these children. I hear great dollars, and causing us to borrow more study found they were 20 percent more speeches on the Senate floor about and more money as a nation? At a time likely to have violent behavior. Now, family and values and the value of fam- of war, at a time of debt and economic what is the cost going to be to us col- ilies and the value of our children and downturn, what do we do? Well, I can lectively in our society when that hap- how our children are, in fact, our No. 1 hear the fiddling coming from the ma- pens? asset, and that is true as a nation. jority leader’s office and the Demo- At the end of the day, these children They are also our most vulnerable cratic cloakroom. The fiddling is fill- are forced to say goodbye to not only asset. Yet when it comes time to be ing this place up because all we are their home they grew up in and have able to help these children, the ques- doing is fiddling. had to leave their friends behind, but tion is: Is Congress going to listen? We are talking about climate change they also have had to leave behind fa- Our colleague on the other side of the legislation that would add huge taxes miliar schools and supportive teachers aisle seems to not be listening to their to energy in America and run more and return to a strange home at night challenges and their pleas. One Mem- jobs offshore. We have spent this week where their lives are often turned up- ber is likely going to block this and talking about how we are going to bail side down. All stability is gone. They other important amendments, and the out the mortgage industry which made are thrown into a riptide with no result is that our children, once again, loans that they shouldn’t have made lifevest, while we sit here in Wash- are going to be unheard and are going for people buying homes that were ington hoping they survive the storm. to be the victims of something they more expensive than they could afford. Hoping is not enough. We have to do had no role in creating; something We want to bail them out. We want to more than hope for them; we have to that, in fact, where they are going to borrow over $300 million from the fu- give them a lifeline. This funding find themselves not only homeless but ture—from our kids and grandkids. We would actually help these children. also having the foundation of their are doing this while people at home are The McKinney-Vento Homeless Edu- educational opportunities completely hurting because of the cost of energy cation Program provides homeless stu- disrupted in a way that will more like- and gas prices. dents with a variety of supports such ly create failure than success. Now, incredibly enough, the fiddling as transportation to school, tutoring, I hope my colleagues who talk about noise gets louder, because the majority and counseling. family values understand the impor- leader wants to go to a foreign aid Children are the voiceless victims of tant value of helping our children in package. He wants to borrow $50 billion the foreclosure crisis. As we lower in- this regard. We have to reconsider our more and send it to different parts of terest rates, as we support the home priorities, and I, for one, don’t intend the world—with good reason, for good building industry, as we reform mort- to rest until these children receive our causes. Certainly HIV and AIDS in Af- gage lending practices, several chil- help and get our support. rica and other parts of the world is a

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6542 CONGRESSIONAL RECORD — SENATE July 10, 2008 distressing problem that we would love These are simple things that Ameri- very good things: We will reduce the to help with as Americans if we could. cans know we need to do. We need to speculation in the price of oil and thus However, at a time when Americans proceed to it immediately, and we need cause it to go down. Secondly, we will are hurting, when we are at war, when to stop fiddling. We don’t need to spend actually be producing American prod- the economy is in downturn and our another week talking about foreign aid uct and spending American dollars— country is facing debts we have never when we have yet to help Americans hard-earned dollars—in America rather seen before, should we borrow another who have elected us to support them in than sending them over to nations $50 billion and spend another week de- our own country. many of which don’t like us to begin bating while we fiddle instead of doing I yield the floor. with. something to increase the energy sup- The PRESIDING OFFICER. The Sen- So there are at least three major ply here in America? ator from New Hampshire is recog- areas of production we should be pur- It is time for us to act as a Congress. nized. suing and which we need legislation on Americans expect us to act as a Con- Mr. GREGG. Madam President, are to pursue. The first is drilling on the gress to open up America’s energy, to we in morning business? Outer Continental Shelf. We know we develop more supply as we develop al- The PRESIDING OFFICER. The Sen- have years and years of supply in the ternatives and learn to use less. We ate is considering the motion to dis- Outer Continental Shelf. But it is cannot allow ourselves to be brought to agree with the House amendment. Sen- locked up by legislation that was initi- our knees as a nation because we are so ators can request to speak as in morn- ated by the other side of the aisle, unwilling to do what anyone with coming business. which essentially took off limits al- mon sense would tell us we need to do, Mr. GREGG. I will speak on the bill. most all the new, available resources and that is open our own energy sup- I wish to associate myself with the on the Outer Continental Shelf. What plies. comments of the Senator from South has been proposed and what is a rea- It is incredible, if you look at the Carolina. I am not sure why, when it is sonable approach is that States that last 20 years, that we have cut off nu- costing $4.40 to put a gallon of gas in believe they are willing to pursue drill- clear generation and natural gas devel- your car, when we are looking at a win- ing off of their shores—over the hori- opment, oil and gasoline, and now we ter where energy prices may be as high zon, by the way, 50 miles out in most are trying to blame someone else. Con- as $5 a gallon, which is going to just instances—following the example of gress does not get it. Congress does not overwhelm and create a horrific situa- Louisiana, for example, and Mississippi recognize the seriousness of what is tion in parts of the country like my and Alabama which already do this, going on. We want to change the sub- own, where people’s ability to survive States such as Virginia, for example, ject, and that is what the majority depends on their ability to buy heating which has said they may be willing to leader is trying to do now—go to an- oil, why we would be moving to a bill pursue these resources, that they be other subject and spend another week which essentially, dramatically ex- given the option to do that and not be doing something else, giving away pands an AIDS program in Africa. told they cannot do it, which is what more American resources, selling off Now, the PETFAR Program has been the law says now. That is reasonable. It and borrowing on our future. It is time a success, and I congratulate the ad- will open a huge amount of potential that we do something. I agree with the ministration for initiating it. We, as a supply of both oil and natural gas. Senator from Louisiana and his unani- people, are very compassionate. We In addition, we know we have more mous consent request. have made a commitment to Africa oil reserves in oil shale in three I advise the majority that I will and the nations there to help them States—Colorado, Wyoming, and make a unanimous consent request at with this terrible AIDS epidemic they Utah—than all of Saudi Arabia has. We this time. I am not sure if the Chair is are dealing with. There is no question have three times the amount of re- ready to deal with this. Would the Par- but to take a hard look at this program serves Saudi Arabia has, and the oil liamentarian advise me if I can make and making some good decisions on im- shale can be recovered in an environ- that request now? proving it is appropriate. But certainly mentally sound way, and the recovery The PRESIDING OFFICER. The on our list of priorities it should not be doesn’t require anything to happen at Chair, in my capacity as a Senator above doing something substantive on the surface. It is all done under the from Minnesota, on behalf of leader- the issue of how we increase supply in surface. The technology is there and it ship, objects to that. the area of energy in this country and is viable and it is economically viable Mr. DEMINT. Well, before we start how we energize more conservation in when oil exceeds $70 a barrel or maybe fiddling, I have not made the request the area of energy in this country. $60 a barrel. We know we can do it. yet. We, as a people, need to pursue a But we are stopped from doing it by I ask unanimous consent that upon course of more production—American rules and regulations put in place by disposition of H.R. 3221, the housing production—and more conservation. the Congress and by the prior adminis- legislation, the Senate immediately There is much this Congress can do to tration. We ought to revisit those. We proceed to the consideration of Cal- assist in this area. It needs to be done ought to debate those on the floor of endar No. 854, which is S. 3202, the Gas now because—at least in production— the Senate. We ought to be willing, in Price Reduction Act, a bill to address there is significant lead time. But the my opinion, to pursue programs that record-high gas prices at the pump. one thing we could do which would af- will, in an environmentally sound way, I further ask unanimous consent that fect the price of oil and which would use that oil resource, which is so there be 4 hours of general debate, impact the speculation in the market- huge—huge—and which is American equally divided; that upon the use or place that is occurring today is to oil. We will be using American product yielding back of time the Senate then make it clear that we, as a govern- rather than product that comes from proceed to consider amendments to the ment, are going to support initiatives nations that not only don’t like us but, bill in a full and open amendment proc- that are reasonable, environmentally in some cases, want to do us harm. ess, as is the tradition of the Senate. sound, and will produce significant Thirdly, we have the issue of nuclear The PRESIDING OFFICER. As Sen- amounts of new energy through pro- power. France gets 80 percent of its en- ator MENENDEZ did, in my capacity as duction. That will have an immediate ergy from nuclear power. China is add- a Senator from Minnesota, on behalf of impact on those folks out there who ing new nuclear powerplants all the leadership, I object. are driving up the price of oil. time. We have not added a new nuclear Mr. DEMINT. Obviously, I am dis- The price of oil is driven up as a re- powerplant since the late 1980s. Nu- appointed that we are still unwilling to sult of people presuming that supply clear power is clean energy. People who address a very basic energy bill that will be stagnant and will not expand are concerned about the environment— would open deep sea exploration in our and, therefore, demand, as it goes up, as many of us are, and I think most country and would allow us to access will increase price. If we can put in people are—and about the issue of glob- oil shale in the middle of the United place policies which increase produc- al warming, nuclear power is an energy States to help create incentives for tion, and therefore supply, and make source that has no impact at all on electric cars. an American product, we will do two global warming. It has no emissions.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6543 We know how to make nuclear pow- I understand the Senator from Texas Exporting Countries, not the least of erplants that are safe. Nobody has ever may make a unanimous consent re- which I wonder where in the world you died in a nuclear accident in this coun- quest here. If he does, I certainly hope are going to find a court that somehow try. More important, when you look at it will be accepted. It is reasonable is going to accept jurisdiction of an nuclear power as an energy source, it is that we should be pursuing and ad- antitrust claim against sovereign for- American made, American produced, dressing those in the Senate—how we eign nations and what the impact and it means that instead of having to are going to produce more and use less. would be in terms of waiving of our buy product from overseas to produce I yield the floor. sovereign immunity to allow suits to our electrical energy, we can produce it The PRESIDING OFFICER. The Sen- go forward in those other countries. I here with American product, made in ator from Texas is recognized. think it would have a dramatic impact America through nuclear powerplants. Mr. CORNYN. Madam President, I on our international relationships. But We should be adding nuclear power- want to say to the Senator from New assuming you could do it, what would plants. We made some improvements in Hampshire that I agree with virtually you ask the judge? What kind of relief the regulatory process, but it still is an every word he said about the urgency would you ask the judge to award if, in extraordinarily long process to bring of this issue. Frankly, I do not under- fact, we could have a lawsuit against on line nuclear powerplants. stand why next week, as reported, if it the Organization of Petroleum Export- In fact, in France, I think it takes is true, we intend to turn to a foreign ing Countries? The only one I can something like less than 2 years to li- aid package of $50 billion, which is au- think of is ask the judge to order them cense and get a powerplant on line. In thorization for new spending which is to turn the spigot open wider, which the United States, we are looking at not offset in any way—in other words, does nothing to diminish our depend- 41⁄2 years, or something like that, to li- our children and grandchildren will end ency, which does everything to in- cense it, to get the plant under con- up paying the price—instead of dealing crease our dependence. struction. It takes longer to construct with what is the most urgent problem The fact is, if you talk to any impar- them, obviously. facing the country, which is the impact tial observer, you will find out there is So there are things we can do in this of high gasoline and high energy prices. rising demand for the oil that is being area. Those are the areas of production The Senator from New Jersey, Mr. produced globally in countries such as we should be aggressively looking at. MENENDEZ, said it was the majority They are controversial, and they China and India, with more than a bil- leader’s intention to bring an energy lion people each. They are buying cars, should not be at a time when oil is at bill to the floor sometime before we $140 a barrel and gasoline is costing us they are consuming gasoline, and they break in August. I hope that is true. It $4.50 a gallon and home heating oil is are using more and more oil. The prob- is welcome news if that is, in fact, the costing as much as $4.85 a gallon. At a lem really is multifaceted but pri- case, and I would love to have the ma- time like this, we should be looking at marily driven by increased global de- jority leader reassure us that is his in- those resources that can be produced in mand because other countries want the tention. the United States and that will take kind of prosperity we have come to I do not think it is responsible for the pressure off of our economy. enjoy by making a claim to 20 percent Congress to adjourn for the August re- One of the big problems with the of the oil being produced globally, price of oil and energy and gasoline, be- cess, I do not think it is responsible for using 20 percent of it right here in the yond the fact that it is stretching the us to go home having not done any- United States. average American’s budget, people are thing to help the American people with I agree with the Senator from New legitimately worried and fearful about the pain they are feeling at the pump Hampshire, who says we need a what will happen to them this winter. which, of course, is rippling through multipronged approach. We need to be- One of the other consequences of the our economy in hundreds of ways, not come less wasteful and more efficient price is that we are taking a huge the least of which is driving up the cost and conserve energy because it makes amount of American capital, hundreds of food because of the increased energy sense to do so. It is the responsible of billions of dollars’ worth a year, and consumption for our farmers to grow thing to do. But then we need to deal instead of retaining it in the United it, harvest it, and then get it to mar- with more than just the demand side. States where it can be used and rein- kets. It is hard for me to think of an We need to deal with more supply. vested and produce jobs, it is being issue that is more urgent in terms of It has been interesting to me to see sent overseas on a daily basis. Some of our economy. polling that has been done over the last it is coming back through investments The housing bill which is on the floor few months which has demonstrated a in our bonds, but we are then paying today and which has been on the floor pretty dramatic change in attitude of interest to foreign governments and for a while is an important piece of leg- the American people. It is one thing to foreign individuals. islation. But I tell you, Madam Presi- say we don’t want to explore and It would be much smarter of us to try dent, I believe if we are successful in produce oil from the submerged lands to reduce our dependence on foreign oil dealing with the subprime loan crisis along the coastline of the United by increasing domestic production. We and housing crisis, the economic im- States or to go onto the western lands need to aggressively pursue programs pact of high energy costs may well where the oil shale lies or to go to of conservation and renewables also. dwarf the impact of that on our econ- Alaska, to the Arctic, where Alaskans That is why the Ensign-Cantwell bill omy and the ripple effect, as I say, that overwhelmingly want to allow produc- on extending renewable tax credits is it will have. tion. It is one thing to say we are not so important. I am sorry we have not I hope the Energy bill the distin- going to do that when gasoline is at $2 been able to get to that and it has been guished Senator from New Jersey, Mr. a gallon. It is another to say we are not blocked. That should be passed. Clear- MENENDEZ, mentioned that the major- going to do that when gasoline is at ly, conservation needs to be aggres- ity leader plans to bring to the floor in- $4.11 a gallon, which it is on national sively pushed. cludes something other than what our average today. So we should be producing more, and friends on the other side of the aisle Of course, there is really no indica- we should be using less. What we have proposed previously when it tion whatsoever that prices are going should be producing more of is Amer- comes to so-called Energy bills, things to continue to go anywhere but up be- ican product. I think next week, rather such as windfall profits taxes, which cause demand is going to continue to than debating whether we should ex- has been tried before and found to ac- go up and prices are going to continue pand a foreign aid program by three tually diminish domestic production in to go up if supply remains static. That times—the program was initially a $15 this country in a time when we ought is good old supply and demand. billion program, and it is proposed to to be encouraging more production so We do need, particularly as we tran- take it up to $50 billion—rather than we rely less on imported energy from sition to different types of alternative debating that, an authorization bill, we places such as the Middle East. energy, particularly when it comes to should be focusing on what America Then there is this idea which I can transportation, things such as coal-to- really needs to have done today, which only characterize as crazy of suing liquid technology that has been used is address the energy needs. OPEC, the Organization of Petroleum by the U.S. Air Force to make jet fuel

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ICCS helps be doing more of that, to find alter- vestigate to make sure there are not residents in those towns identify their natives to dependency on oil. abuses of the commodities futures community’s specific challenges and We also need to be doing more when trading system. strengths and work together for a bet- it comes to electricity generation be- If we are not careful, if we overreach, ter future. cause ultimately we are going to be we could force some of that activity to As a friend wrote: driving around in a different fashion in other countries. I know that is not Joe believed there was no community the years to come than we are today, what we would want to do, is have an without assets, no individual devoid of tal- perhaps in vehicles such as plug-in hy- unintended impact of driving those ents. He spent his life working in partnership brid cars, which are going to be intro- jobs elsewhere. with these communities and individuals, taking advantage of their assets and talents. duced by many of the major car manu- I am more optimistic than I have been in a while about the willingness of He was a kind, sweet, thoughtful, passionate facturers come 2010, where you lit- man. erally will have a battery in a car you Congress to enter into some sort of bipartisan discussion, debate, and vote, Last Friday, on the Fourth of July, can plug into an outlet at night and Joe Dunn’s caring heart stopped. He drive that car the next day. Again, the and actually do something that will get Congress out of the way and make suffered a fatal heart attack while he electricity is going to have to come was exercising at home. Joe was 55 from somewhere. Right now, it comes the Federal Government part of the solution and not part of the problem years old. Joe learned the meaning of from nuclear, natural gas, and coal. patriotism from his mother Johanna We know the pollution concerns when it comes to imposing moratoria and his father Ben, a World War II about burning coal. So I agree with the and bans on production of about 85 per- POW and survivor of the Bataan Death Senator from New Hampshire, we are cent of America’s natural resources. March. going to have to increase the use of nu- The PRESIDING OFFICER (Mr. WHITEHOUSE). The assistant majority Joe learned about community grow- clear power in order to get that elec- ing up in Gorham, a small town in the tricity production up as our economy leader. Mr. DURBIN. Mr. President, I ask Mississippi River Bottoms of southern continues to grow. Illinois bordering on the Shawnee Na- The consequences of Congress’s inac- unanimous consent to speak as in tional Forest. This is how Joe de- tion—and it is not just a passive inac- morning business. The PRESIDING OFFICER. Without scribed his hometown last year: tion; it is actually the fact that Con- objection, it is so ordered. The median household income of Gorham gress has imposed a ban since the early is a mere $22,750. Kids have to be transported eighties on about 85 percent of our do- TRIBUTE TO JOSEPH DUNN Mr. DURBIN. Mr. President, the late at least 12 miles to school. Most residents mestic energy supply in America. On Senator Paul Simon was my closest who work must travel an average 34 miles to the oil shale out West, there was legis- friend in politics. He was my boss for their jobs. But in spite of this and the fact lation slipped into a bill just last year that you cannot buy either a loaf of bread or several years, and he is the reason I am that banned the development of that a gallon of gas there, Gorham remains. in the Senate today. Joe went on to say it is not unique. shale out in the West that could Paul Simon used to like to tell the produce a huge volume of oil. story about Meriwether Lewis, half of The isolation that poverty has brought to This is perhaps the most urgent issue Gorham affects many, many other small the fabled exploration team of Lewis confronting our economy, confronting communities in Illinois. and Clark. In the story—a true story— our national security, and affecting Joe asked: Meriwether Lewis returns to his home- working families in the State of Texas town after helping lead the historic What can residents in such towns do to combat their isolation? They must organize and around the United States. The fact journey of the uncharted West to the that Congress would even dream of . . . and be willing to work very hard to keep Pacific coast. At a dinner in his honor, their sense of community intact. . . . [T]hey taking its August recess without ad- Meriwether Lewis tells the people of dressing this issue and allowing for an must also organize and join with the voices his hometown: of others to let our legislators and other de- opportunity for an appropriate debate Patriotism is not words, it’s work. It’s cisionmakers know that [residents of small and offering amendments and then vot- what we do. towns] have the same human rights as resi- ing on those amendments to me is un- Paul Simon believed that, and he sur- dents of more prosperous and affluent Illi- thinkable. So I hope the majority lead- rounded himself with others who nois communities. er will not allow us to adjourn for the shared that belief. Patriotism is not Joe Dunn was committed to the no- month of August before we address this words, it is works. tion that America should be a land of issue in a realistic way. I do think For Joseph Dunn, that was the creed opportunity for all, not just for some, there is some basis for a bipartisan of his political faith. Most people in and he spent his life working to im- compromise. the Senate have not heard of Joe Dunn, prove the lives of others. He worked I see the distinguished Democratic but if you care about social and eco- tirelessly to better the lives of people whip on the floor. I read—I trust these nomic justice and the survival of small living in poverty by changing public comments were reported accurately— towns, small businesses, and family policy and providing creative commu- that he said he was not opposed to do- farms, you would have liked him. If nity solutions. mestic production. That is positive. I you live in southern Illinois, there is a Like Paul Simon, Joe believed gov- see the Gang of 14 who met previously good chance your life is better today ernment could be a force for good. At on judicial nominations. Now we have because of Joe Dunn. Eastern Illinois University, where Joe a Gang of 10—5 Democrats, 5 Repub- Joe was the quintessential smalltown earned a degree in political science in licans—trying to come together in a bi- American. He loved his family, his 1975, he was the student senate speak- partisan way and come up with a com- church, and his community. For 15 er. He was a political natural. He knew mon ground and consensus when it years, he, too, worked for Paul Simon how to build and use political power. comes to national energy policy. in the House, then in the Senate. For But he used his political and orga- But I tell you, it would be a terrible most of that time, he was Senator Si- nizing skills to serve others, never mistake for us just to deal with one as- mon’s downstate director in Illinois. himself. pect of this issue and to pretend like When Senator Simon retired in 1996, He brought joy wherever he went. His we have actually done something. For Joe took a salary cut to work for the laughter was warm, his humor was example, the issue of speculation on ICCS, the Illinois Coalition of Commu- quick but never mean. Joe always had the commodities futures markets— nity Services. It is a nonprofit organi- a smile on his face. there is a growing consensus on both zation whose motto is ‘‘helping com- Joe was born with a condition that sides of the aisle that we need to deal munities help themselves.’’ Two years left him with a pronounced limp, but with this issue, but we need to be care- later, Joe became its director. he was so full of energy that you quick- ful about it as well. Certainly, more ICCS works with people in struggling ly forgot he had any physical limita- transparency in the way this commod- communities in southern Illinois, tions, and he had so much faith in the

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Why do dozens of communities create commu- the issues, and here we have, for exam- we keep buying this expensive oil, tak- nity development programs, neighbor- ple, a vote on June 10 of this year— ing it off the market and sinking it in hood cleanup and rehabilitation pro- June 10, not that long ago, less than a the ground, making it more expensive grams, community policing programs, month ago—and we were trying to for our economy? It doesn’t make and volunteer community libraries. bring up the basic tax credits for en- sense. Joe helped establish afterschool pro- ergy development in this country— We also had a provision to protect grams and school and summer lunch something that is about to expire and consumers from price gouging. I am programs that fed tens of thousands of that we want to make sure will go for- afraid that is going on here. This bill young people in my State. He helped ward. Unfortunately, we were stopped. gave the President the authority to de- create new partnerships between com- On these tax extender votes of June 10, clare an energy emergency and set munity and faith-based groups, and 2008, we needed 60 votes to go forward. aside excessive price increases. new bridges between generations. We had 50 votes. We also set limitations on oil market Before joining Senator Simon’s staff, I looked to see what Republicans price speculation. Most people under- Joe worked for the Illinois Farmers joined us in this effort. There were stand that is part of the issue. We had Union-CETA, and he coordinated sum- three. The Senator from Tennessee, it in our bill. We had a clear message to OPEC by mer youth programs in four southern Senator CORKER, Senator SMITH of Or- allowing enforcement actions against Illinois counties. He was a member of egon, and Senator SNOWE of Maine, the Governor’s Rural Affairs Council, which led to a total of 50. We needed 60. companies that collude to set the price the Illinois Poverty Summit Steering The Senator from Texas, unfortu- of oil and natural gas. Well, that was the bill. Those were Committee, the Illinois Collaboration nately, voted against starting that de- the provisions. They could have made a on Youth and the Service Learning bate. difference. But in order to get that bill Task Force of the Illinois State Board So he comes to the floor today and to the floor and to start debating it, we of Education and the Steering Com- says that we surely can’t leave for the needed 60 votes. That is what the Sen- August recess until we start a bipar- mittee of the Alliance of Communities ate requires, 60 votes. So we called it tisan debate. Sadly, on June 10, he for Faith and Justice. for consideration on June 10, 2008, and Through these programs, and the voted against a bipartisan debate on we had 51 votes. The following 6 Repub- people he inspired, Joe’s work will live tax extenders. licans joined 45 Democrats. COLEMAN, on. But that wasn’t the only time that COLLINS, GRASSLEY, SMITH, SNOWE, and Days before he died, Joe sent some day he voted against a debate on en- WARNER. The Senator who was just on friends an e-mail that ended with these ergy policy. I don’t wish to single him the floor, who says we shouldn’t go words: out, but he came to the floor and made home in August without debating a bi- the speech, and I will make it clear By the way, happy 4th of July, and remem- partisan measure, voted not to debate ber that one of the most patriotic things we that many others joined him. We can do is strengthen our communities. a bipartisan measure on June 10, 2008. brought up a bill that wasn’t just an We tried again on June 17. We believe He was a profoundly good man who extension of tax incentives so compa- it is important. We tried to bring up made life better for many people and a nies could start building more wind these tax extenders again to encourage great friend of mine. I can’t tell you turbines and research into renewable the kind of investment that is nec- how many times we worked together and sustainable sources of energy. It essary. Well, unfortunately, again we on projects in communities around our went further. In fact, I think it was a couldn’t get 60 votes. We had 52. Repub- State. We had this common political very balanced and proactive effort to licans voting with Democrats: COLE- heritage in Paul Simon. It rubbed off, I bring down gasoline prices and to try MAN, COLLINS, CORKER, SMITH, and hope, on me but certainly on Joe Dunn. to take control of an element that is SNOWE. Sadly, the Senator who spoke I knew Joe was going to live up to not only hurting families and busi- on the floor was not among those vot- those values, those Simon values that nesses but our economy. We came for- ing to go forward on June 17. On three inspired so many of us over the years. ward with the Consumer-First Energy separate occasions he refused to vote What a tragedy it was to learn of his bill, and we said we want to debate this to start the debate on this energy passing on the Fourth of July. When on a bipartisan basis. issue, and now he is complaining that Kappy Scates in my downstate office Here is what it said. First, we are we should be starting the debate on the contacted us, it was hard to believe. going to roll back the $17 billion in tax energy issue. Joe was too young, too alive, too nec- subsidies that we are giving the oil Well, I hope he will reconsider his essary. But now he is gone. companies. Listen, they are turning in previous votes, and I hope he will join In closing, I wish to extend my deep and reporting the biggest profits in us in a bipartisan effort to go forward. condolences to Joe’s family, especially their history. They don’t need sub- But I must say that if we are going for- his wife Tempa; their daughters Abby sidies from Federal taxpayers. We ward on this bill and others, then the and Katie, and the two grandchildren could put that money to better use. policy and strategy of the Republican Joe loved so much, as well as his many What if we gave consumers across Senators has to change. This chart friends. Joe Dunn has left his legacy in America a helping hand in paying for shows we have had 82 Republican fili- my State of Illinois. His caring heart gasoline? What if we gave independent busters so far in this session of Con- may have stopped on the Fourth of truckdrivers several thousand dollars gress. July, but his caring for the people of to defray the expenses they are run- Now, people say: Is that a lot? How my State will not end. ning into trying to fuel their rigs and many do you expect? In the history of REPUBLICAN FILIBUSTERS make a living? I would rather put $17 this Senate, there have never been Mr. President, I listened a minute billion in that kind of tax relief than in more than 57 filibusters in a 2-year pe- ago to the Senator from Texas talking tax relief to ExxonMobil. But that is riod. So far, in a little over a year, we about energy, and I thought to myself: what we are doing. So the bill said, have had 82 Republican filibusters. Doesn’t he remember that a few weeks let’s change that. What is a filibuster? A filibuster is ago we brought energy bills to the floor The bill also said we were going to using the Senate rules to stop the de- and we asked him and the Republicans impose a 25-percent windfall profit tax bate on a bill, to stop the debate on an to join us in a bipartisan effort to deal on these oil companies to let them amendment or a nomination. Any Sen- with the gasoline prices in this coun- know the sky is not the limit when it ator can stand and do that, and then try? Is he suffering from political am- comes to profit taking. There is a point you have to wait 30 hours and see if nesia? Has he forgotten that we tried where the Federal Government will you can get 60 votes together to over- unsuccessfully over and over to get a take that money back for consumers, come that Senator’s filibuster.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6546 CONGRESSIONAL RECORD — SENATE July 10, 2008 Well, we have 51 Democratic votes. Mrs. MURRAY. Well, Mr. President, facing America today. We need explo- When you do your Senate math, you if the Senator will once again yield, ration. We need to have investment in find out we need nine Republicans to didn’t we do a bill several years ago to new opportunities. We need to be ag- join us to move forward on anything. actually add 8 million acres to that, to gressive. We need to move right now. Eighty-two times the Republican Sen- allow more drilling? We need, for example, to move to a ators have stopped debate on issue Mr. DURBIN. Yes. So we had the 68 point where we are not putting oil into after issue. On the three separate occa- million, and we added the 8 million just SPR, the Strategic Petroleum Reserve, sions that I have made reference to, a year ago—in the Caribbean, if I am but actually taking it out and selling when the Democratic majority of 51 not mistaken—in offshore drilling. So it and the proceeds will be used to not tried to get 9 Republican Senators to there is this pool of opportunity for the only bring down the price of oil in that join us in a bipartisan debate to bring oil and gas companies. They must be sale but the proceeds are used to help down gasoline prices, to talk about in- opportunities because they are paying American consumers, families, and vestment in renewable and sustainable us, the Federal Government, a lease. business get through this energy crisis fuels, they refused. They give us just a They believe there could be oil and gas we face as a nation. We have to stop few Senators. Coincidentally, most of there. But when you ask the question: this indefensible subsidy of American them are up for reelection. They give Well, how much are they drilling of oil companies at a time when they are us a few, but never enough to reach 60. that 68 million, it turns out about a reporting the highest profits in his- That has been their strategy. That is fourth of it. A fourth of it. tory. Put that money back into the the Republican strategy, the strategy So you have some 34 million acres economy for the right investments. We of opposition to debate and moving for- offshore of Federal land available to need a windfall profits tax to stop what ward. the oil companies, and they could be is going on there, excessive profit-tak- Mrs. MURRAY. Mr. President, will drilling it right now. ing at the expense of the people who the Senator from Illinois yield for a Mrs. MURRAY. Mr. President, if the get up and go to work every day, and question? Senator will continue to yield, if I am stop the price gouging and speculation Mr. DURBIN. I will be happy to yield not incorrect, I believe that 68 million that is leading to higher prices for oil to the Senator from Washington. doesn’t include the additional millions and gasoline. This is the kind of initia- Mrs. MURRAY. I appreciate the Sen- of acres off the shore of Alaska that tive we need. ator yielding. I have been listening they also are allowed to drill in and That was included in the bill on June over the last hour, as we have heard that they currently aren’t drilling in. 10 which the Senator from Texas voted our colleagues from the other side Mr. DURBIN. That is right. I don’t not to take up and not debate. I want come and excoriate us for not allowing know the exact number in Alaska, but to take it up. I am ready to do that at them to bring a bill to the floor on en- there are a significant number of acres, any time the Senator from Texas wish- ergy and assailing the Senators on this millions of acres available off Alaska es. side for prohibiting them from doing where they can be drilling. I yield the floor. that. So I would say to the Senator from The PRESIDING OFFICER. The Sen- That was astonishing to me because, Washington, if they have so many mil- ator from Washington is recognized. as the Senator from Illinois knows, I lions of acres available for drilling, Mrs. MURRAY. Mr. President, I have been coming to the Senate week why is it that they are making the ar- thank my colleague from Illinois for after week and saying how much I pay gument that they don’t have any op- coming and highlighting the number of for gas when I go home. It is now up to portunities here for drilling and explo- times we have tried to bring a bill to $4.45 a gallon that I paid last Sunday. I ration? I think it is, frankly, because the floor to deal with the very critical have been a part of this majority that they have no other answer. energy crisis that is in front of us. has tried to bring a bill to the floor to What it boils down to is that for 8 There is no doubt this is harming deal with renewable energy, to try to years we have had two oilmen at the Americans today. For our friends at deal with the issue of speculation, and highest levels of Government in Amer- home and for all of us, when we have to to try to deal with a number of issues. ica. When you do the math, 8 years, di- pay $4.45 a gallon, as I did last week- How many times now have we been vided by two oilmen, equals $4 gas. end, that means we will not have as blocked from bringing an energy bill to That is what we are paying. much money to spend on other things. the floor to deal with these gas prices? I wish to thank Senator WHITEHOUSE We are hearing about people who are Mr. DURBIN. In the last 6 weeks, we for inspiring me. I helped him with the cutting back at the grocery stores, not have been blocked three different times mathematical equation on this, but it being able to even go to work because by the Republicans, who refuse to give was his inspiration that led to that last they cannot afford the price to put the us the necessary 60 votes to bring the statement. I would say that is part of fuel into their car to be able to go to bill to the floor—something they are the problem. Any President looking at work. This has a huge impact. It has an now complaining about. Some of the the mess in our economy and the hard- impact on our schools and our commu- Senators complaining the loudest ship imposed on American families and nities, that are trying to get their voted against having a bipartisan de- businesses would have called the oil ex- schoolbuses ready for the fall and won- bate on an energy bill. ecutives in a long time ago. Not this dering how they are ever going to be I guess they think the CONGRES- President. He used to be in the same able to budget for that. It is affecting SIONAL RECORD is written in dis- fraternity. He was in the oil business. our truckdrivers in tremendous ways appearing ink; that we don’t have a Many of them believe this is the way it as they try to get their goods to mar- permanent record here of their votes. works; this is the market at work. ket. It is affecting every single Amer- We do. We know where they have been. If this is the market at work, we bet- ican family, every single business, We know how they have voted. ter take a look at the market because every single community, every single I wish to say something else for the it is destroying America’s economy— government agency. Senator from Washington, and I am cutting back on airlines, reducing the It is an issue that we on this side of sure she will agree. They come and number of flights, reducing the number the aisle believe we have a responsi- argue that the Democrats are against of employees. All that tells me is that bility to address. We have tried to domestic exploration for oil. That is we need some leadership. Leadership bring a bill to the floor, not once, not not true. I don’t know of a single Dem- will not be served by Senators coming twice, but three times, and have faced ocrat, I don’t know of a single Senator to the floor, who voted to maintain fili- a filibuster from the other side. who is against domestic exploration busters, and then beg us to start a de- We are going to keep working and and production of oil. In fact, as the bate. That is what it is all about. They keep trying to get to a point where we Senator from Washington knows, we had their chance and they didn’t join can finally address this. I think all of have 68 million federally owned acres us. us recognize there are two oil men in that we lease to the oil companies for I would say at this point, before I the White House and it is going to take exploration and production of oil and yield the floor, we need to tackle this an election for us to get to the long- gas. issue. There is no more important issue term issues we need to address in this

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6547 Nation. But there are things we can do heard, including people who are in ing America, they are saying why isn’t today. We want to do them today. As their 60s, who are not able to continue our Government helping in terms of ad- Democrats we are going to keep work- to make the payment on their homes dressing some of the fundamental ing because America deserves it. and who end up in their later years of issues at stake here? Mr. President, I yield the floor. I sug- life essentially losing their dream of The housing legislation, which has gest the absence of a quorum. home ownership because they cannot been crafted and worked on by Senator The PRESIDING OFFICER. The afford the higher rates, the higher pay- DODD and others, is an effort to try to clerk will call the roll. ment rates that come about through address this housing crisis. I hope we The bill clerk proceeded to call the adjustment of the ARMs. So it defi- are able to move forward with that leg- roll. nitely affects those people who have to islation very soon, because we need to Mr. SALAZAR. Mr. President, I ask go through foreclosure in huge, signifi- start restoring confidence on the part unanimous consent that the order for cant, and very painful ways. But it also of the American people that we can ad- the quorum call be rescinded affects others, because it is sur- dress some of these critical issues fac- The PRESIDING OFFICER. Without rounding homes in the neighborhoods ing us in America at this time. objection, it is so ordered. that are affected by the decline in This is not a Republican or Demo- Mr. SALAZAR. Mr. President, I come home values. In my State alone, it is cratic or Independent issue. The issue to the floor today to again urge my estimated that about 750,000 homes will of home ownership and the issue of colleagues to join in the leadership of have declining values over the next having a strong housing market, a Senator DODD and his efforts to address several years. That is almost half of strong housing construction industry, one of the crises of economics we have the housing stock within the State of that is an American issue, an American going on in America today and that is Colorado. So we have a lot of pain challenge we all face. So we need to the housing crisis which is causing so going on with respect to what is hap- come together to push this legislation much pain all across America, in each pening in the home world. and get it done and get it to the Presi- of our respective States. It is causing There are many people who have seen dent for his signature as soon as pos- pain to those who own their homes and these signs, I am sure, as people have sible. are losing their homes, but it is also driven through their neighborhoods For those who will try to create ob- causing pain to so many homeowners throughout the State of Colorado. We struction along the way to have us con- across America whose dream of home see these kinds of signs. They are com- tinue to not be able to get to this are ownership is being torn asunder as they monplace. We see them in counties doing a disservice to the American peo- are seeing their home value decline in such as Adam County, Denver, Conejos ple. We need to address this housing unprecedented ways. I think it is in- County; we see them in Pueblo County crisis. Senator DODD and those who cumbent upon this Congress to take ac- and all over the place where people have worked on this legislation for a tion to move forward to try to create have had a hard time selling their long time are giving us that oppor- an environment that puts together this homes. We see these signs that say tunity. I hope before the end of the day cornerstone of our economy which has ‘‘Price Reduced’’ time and time again. we will be able to take a significant been so crumbled by all of the difficul- That is, in fact, something which is step toward creating the remedy that ties it has had over the last several commonplace. will provide some relief to those suf- years. It is also true that there are things fering from this housing crisis in In my home State of Colorado, we that can be done to help us address this America today. have seen a very significant increase in issue. This is a sign from our fore- I yield the floor. the number of foreclosures. In 2007 in closure hotline in Colorado. That fore- The PRESIDING OFFICER. The Sen- Colorado, as you can see on this chart, closure hotline has been set up as our ator from Connecticut is recognized. approximately 1 per 45 households—1 central source for people who are hav- Mr. DODD. Mr. President, I will per 45 households—filed foreclosure. ing a problem with respect to staying speak on another matter, if I may, but That is the equivalent to nearly 40,000 in their homes to be able to make a first I thank my colleague from Colo- foreclosures that were filed across my telephone call to try to see whether rado for his kind comments about the State of Colorado. That is up nearly 200 they can get some assistance to be able efforts we made on the housing bill. I percent in a 5-year time period. If you to stay in their home. We have had thank him for his observations about look back at the years 2003 and 2004, more than 29,000 Coloradans call this his own State and what is going on 2005, 2006, 2007, we see what is hap- foreclosure hotline over the last sev- there with the people in the western pening: The number of foreclosures is eral months. The foreclosure hotline in part of our country. rising at an extraordinary level. That Colorado has been able to provide This issue is a national problem. I rise in foreclosure levels is not some- major assistance to the people of the think there are occasions when people thing we can say is over. We can’t say State of Colorado who call in for assist- assume this is a localized issue in a few this is an economic phenomenon we ance. About 80 percent of the people spots in the Nation. Unfortunately, we have been through and that we have al- who call the foreclosure hotline end up have all learned, painfully, with more ready gotten to the end and, therefore, creating some kind of negotiation with and more news that comes out that the times ahead of us are rosy. We are their lender that ultimately allows this problem is in every State; in some, facing some difficult times ahead of us them to stay in their home. That is it is far more pronounced. In my State, as we deal with the housing crisis. good for the homeowner because they we have had about 15,000 foreclosures, This next chart is a projection of can stay in their home, and it is good and another 12,000 are anticipated this where we see ourselves going in Colo- for the lender as well because they year—in a State of 3 million people. rado. This is information provided by don’t go through the things they have Home values have come down. the Center for Responsible Lending, to go through with the costs incurred I appreciate the Senator’s comments which indicates that in the year 2008 in foreclosing on a home, restoring the about what is going on and his appre- and the year 2009, as the adjustable home, and selling the home. ciation of what we are trying to do rate mortgages continue to adjust up- Senator DODD and his committee with this bill. Every single day, be- ward, we are going to see additional have been working on trying to address tween 8,000 and 9,000 people file for foreclosures in the State of Colorado. one of the most significant pains af- foreclosure. In the month of June, It is expected that this year, 2008, and fecting the people in America today— 250,000 people moved into that cat- into 2009, we are going to have almost and rest assured, there is pain in Amer- egory. Those are the numbers. As I said 50,000 additional foreclosures. So if we ica. This dream of our economic engine this morning, those are families—a have an additional 50,000 foreclosures is somewhat teetering. When we look mother, father, and maybe children— in the State of Colorado, what is the at what is happening with the high rise who have to find alternative living con- consequence to others? in the cost of gas, and we see what is ditions because they are about to lose First, there is a consequence, of happening with the high cost of health their homes. Think about that on an course, to those who lose their homes. care, and all the rest of the costs that individual basis, what it means, and There are some from whom I have are economic pocketbook issues affect- the fact that we have had to take so

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6548 CONGRESSIONAL RECORD — SENATE July 10, 2008 long on this bill that could have been, States. Let me say that again. The we do? We do a lot of everything, it frankly, passed a week or more ago. U.S. Geological Survey just completed seems to me. Colleagues on both sides of the polit- its assessment that there is up to 4.3 I described that we are drilling excit- ical aisle have expressed strong support billion barrels of recoverable oil using ing new wells in our region of the coun- for our efforts. A handful of people here today’s technology and we have oil try. We are going to be drilling in have slowed this down and done every- companies there drilling and I support Lease 181 in the Gulf of Mexico. But in thing in their power to derail this efit. We are drilling in this country, in addition to drilling, we need to do a lot fort. North Dakota, eastern Montana, and more. We need substantial, aggressive This morning’s vote of 84 to 12 once we have other oilfields. This happens to conservation. We need significant effi- again indicates the strong desire by be a brand new one, the biggest assess- ciency and conservation. Everything most of us here to get something done ment ever made in the lower 48. It is we use throughout the day—if we turn on this issue. I thank my colleague for exciting, in my judgment. a switch, push a button, dial a knob, his generous comments and help in this As I indicated, we have activity hap- turn a key—everything we do all day effort. pening now in Lease 181 in the Gulf be- long has to do with energy. We get up Mr. SALAZAR. I thank the Senator. cause we opened that. Off of Cuba, it is in the morning and we want light, in The PRESIDING OFFICER. The Sen- estimated that there is a half million the closet, in the bedroom. We use our ator from Connecticut is recognized. barrels a day that is available for leas- finger to flip a switch, not under- (The remarks of Mr. DODD and Mr. ing by the Cubans. Many countries standing, of course, so much—because LEVIN pertaining to the introduction of have leases there—Spain is there, Can- we take it for granted—that is energy. S. 3252 are located in today’s RECORD ada is there, India is there, and Ven- Perhaps we use an electric razor, then under ‘‘Statements on Introduced Bills ezuela is there. They are very inter- heat a pot of coffee, then put a key in and Joint Resolutions.’’) the ignition of a vehicle. Every one of ested. But our companies can’t secure Mr. LEVIN. I yield the floor. I sug- those actions is using energy, and we the leases because the Bush adminis- gest the absence of a quorum. never give it a second thought. The PRESIDING OFFICER (Mr. tration says, no, we can’t drill in Now, all the things we have—yes, in- SANDERS). The clerk will call the roll. Cuban waters. We have this embargo cluding air-conditioners and refrig- The assistant legislative clerk pro- with respect to Cuba. So there is a half erators—can be made much, much, ceeded to call the roll. million barrels that our oil companies much more efficient. We are getting rid Mr. DORGAN. Mr. President, I ask can’t produce. of the incandescent light bulb. It will unanimous consent that the order for I say to my colleagues: You want to not be long until you will never see an- the quorum call be rescinded. drill? Let’s allow our companies to go other one because we can find ways to The PRESIDING OFFICER. Without access some of that off the coast of produce light for all our manufacturing objection, it is so ordered. Cuba. China wants to be there, and facilities and our homes all across this ENERGY CRISIS India wants to be there, but we can’t be country with 80 percent less electricity Mr. DORGAN. Mr. President, I have there. than we now use. So we need to engage The fact is we need to do a lot of noticed that late this afternoon a num- in conservation, efficiency, and then things and do a lot of things well if we ber of speakers have come to the floor renewables. of the Senate decrying the fact that are going to address this energy issue. Now, renewables represent something there is not oil drilling here or there or Now, the price of oil is bouncing our country ought to say to the world: elsewhere and suggesting that they and around at $140, $144 a barrel. My under- Here is where we are headed. Yes, we they alone have the answer to our en- standing is that in the last 4 or 5 min- are going to drill some and do all these ergy problems. I wish to respond by utes of trading today, it went up, I was things. We are going to conserve and saying this issue of drilling for oil is an told, $4 or $5 a barrel. There is unbe- develop more efficient methods of important issue. I, along with my col- lievable, relentless, in my judgment using all this electricity. But it is also leagues, Senator BINGAMAN, Senator reckless, speculation going on in the the case that renewables represent a DOMENICI, and Senator Talent, intro- oil futures market. Now, it wouldn’t significant opportunity. Renewables, duced the bill in the Senate that matter so much if these were future with respect to wind energy and solar opened what is called Lease 181 in the markets dealing with something that and biomass and biofuels. Gulf of Mexico. That is now law. We wasn’t so essential to the economic You know what we have done for re- now have companies exploring for oil well-being of our country, but our newables? Well, in 1992, the Congress and gas in Lease 181 in the Gulf of Mex- country desperately needs oil. We run put in place something called the pro- ico. Why? Because I think it makes on oil. The fact is we use a prodigious duction tax credit—a tax incentive for sense to do that. If you take a look at amount of it. renewables. But it was short term and the oil reserves in Outer Continental I have described before, on many oc- not very deep. So we have extended it Shelf, in the Gulf of Mexico, off the casions, the way this works. We have a five times, short term. By the way, the west coast, and off Alaska, by far the substantial amount of oil halfway production tax credit will expire at the majority of the available reserves are around the world under the sands. That end of this year. We have extended it in the Gulf of Mexico. is where there is a lot of the oil. The five times, and we let it expire three But having said all that, we are al- largest reserve is in Saudi Arabia, sec- times. So anybody interested in invest- ready drilling in a lot of areas—includ- ond and third is either Iran or Iraq, de- ing in renewables will take a look at ing in North Dakota. I asked the U.S. pending on how you count reserves in this country and say: You don’t have Geological Survey to do an assessment those two countries. So the largest re- much of a commitment to renewables. of oil resources in what is called the serve is in Saudi Arabia, then Iran and Look what you have done, stutter, Bakken Shale formation in North Da- Iraq. But where is the largest demand? start, stop. That is not a commitment. kota. I asked them to perform the as- Well, here in the United States. Here is what we did for oil. In 1916, sessment about 2 years ago. They com- We suck out 86 million barrels a day we put in place tax incentives—big, pleted their report a couple months from this planet. Of that 86 million juicy, fat tax incentives—and we said: ago, and they estimated that there is barrels of oil we suck out from these We want you to go look for oil and gas. 3.6 to 4.3 billion barrels of recoverable little straws called drilling rigs and If you find them, good for you because oil using today’s technology in eastern pumps, we use one-fourth of it here in that is good for our country, and you Montana and western North Dakota. this spot on the planet called the get big tax incentives. We put the in- So now we have nearly 80 drilling rigs United States of America. We are big centives in place in 1916 and they have drilling in western North Dakota. I users of energy. stayed forever. What did we do for re- don’t know how many are in Montana, So what do we do to address this newables? Well, in 1992 we gave them a but there is a substantial amount of issue when oil prices spike like Roman tax credit, which has gone through the drilling activity, which I strongly sup- candles to $140 a barrel, and it does phases of start, stop, start, stop, export. enormous damage to our country, to pire. That is a pathetic, anemic re- This is the largest assessment of re- our economy, and injures farmers, fam- sponse by a country that acts like it coverable oil ever made in the lower 48 ilies, truckers, and airlines? What do doesn’t care very much.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6549 I have introduced legislation in this When markets are broken, we have a lentless dangerous speculation of this Congress that says: You know what, we responsibility to address it. I have commodity futures market that is ought to put in place a production tax often said I taught economics ever so driving up the price of oil and injuring credit for renewables for 10 years. We briefly in college. I taught a little eco- this country’s economy. ought to say to the world: Here is nomics, and I kid people by saying I I have introduced legislation to do where we are headed, and you can was able to overcome that experience. that. I hope to talk about it tomorrow. count on it. Here is what we believe in, Economics is psychology pumped up Some others have also introduced leg- and you can count on it. This country with a little helium. People think: islation. We ought to take the best of is making a significant concerted ef- Well, we know this produces that, the legislation that exists and move fort for renewable energy, to be less de- there is an action and a reaction—sup- forward to address this country’s prob- pendent on the Saudis, the Kuwaitis, ply and demand. We all understand lems. the Venezuelans, and others. That is that. The problem is, at the moment, if I yield the floor and suggest the ab- what our country has a responsibility you take a look at this country, its sence of a quorum. to do. economy, and what the psychology of The PRESIDING OFFICER (Mr. So we need to do a lot of things. At the American people is as they look at CASEY). The clerk will call the roll. the moment, however, I wish to con- what is happening in this country, The legislative clerk proceeded to centrate on not the myriad of things there is a pretty good reason to be very call the roll. we must do and do well, but I wish to concerned about the future and a pret- Mr. REID. I ask unanimous consent talk about the urgent need to do some- ty good reason to believe we need ac- that the order for the quorum call be thing that addresses this spike, this tion that is urgent, important action rescinded. unbelievable spike in oil prices and, that actually has some grip and some The PRESIDING OFFICER. Without therefore, gasoline prices that has hap- teeth. objection, it is so ordered. pened in the last 12 to 14 months. We have been through a subprime UNANIMOUS CONSENT REQUEST—S. 2731 There is nothing in the supply and loan scandal. The credit markets were Mr. REID. Mr. President, we have demand of oil that justifies this kind of frozen. The fact is we had an orgy of worked very hard tonight trying to a price spike. Nothing. In fact, if any- greed in these credit markets and a lot come up with an agreement to move thing, demand is down. Today’s news- of problems still exist. In fact, some of forward. We have been close, but close paper describes that we are using 2 per- the resets on some of these bad mort- doesn’t count on Senate business. We cent less gasoline here in this country. gages are still in front of us. So take a have a most important bill we are The first 4 of 5 months in this country look at that kind of a credit crisis and working on, which is the global AIDS we had increased inventory of crude oil the subprime loan scandal and then bill. It is a bill that the President sup- stocks. Inventory is up, demand is combine that with the issue of the defi- ports. We have been in touch with his down. What happens to price? It goes cits, dramatic Federal budget deficits people during the week. There are no straight up. Why? Because there is ex- because we are fighting a war the requests of Democrats to offer amend- cess speculation in the futures market. President will not pay for. He says ev- ments. We have been working with the Those futures markets were designed erything we use for this war, I want to distinguished Republican assistant for a specific purpose and that was to borrow, and he has borrowed almost leader, Senator KYL. There has been a allow producers and consumers to three-quarters of a trillion dollars for proposed 13 amendments, as I recall. hedge risk of a physical product—per- it. He refuses to pay for it. I will send We have agreed to seven of those fectly legitimate and an important the soldiers to war, and I ask the amendments. The others, at this stage, thing to do. It has now, in my judg- American people to go shopping, he we have been unable to work on. We ment, been taken over by excess specu- says. have tried to work on ways of not hav- lation. Franklin Delano Roosevelt The subprime loan scandal, unbeliev- ing Senators come tomorrow and vote warned about that in 1936, when he able fiscal policy recklessness, a trade and wind up at the same place on Mon- signed the legislation that created this policy out of balance over $700 billion a day. But there has been a Senator—or market. year. You can’t do that. Then, on top of two—on the Republican side who, I as- Now we have unbelievable specula- that, the price of oil going to $144, and sume, wants to show that he has a lot tion in this market. The new pension we think this economy is able to with- of power as a Senator. Any one Senator funds and others that have come into stand that? This is a resilient econ- has a lot of power. So at this stage, it this marketplace in a few short years omy, the American people are resilient appears that one Senator is going to have spiked from investing somewhere people, but they expect and demand ap- require all Senators to come to vote to- around $13 billion to $260 billion. Are propriate action by this Congress. morrow at 5:21 in the afternoon. That the people flooding into this market- Now, we have people who view them- is when time runs out on the housing place wanting to hold a 5-gallon can of selves as a set of human brake pads. legislation. And following that, which oil? No, these interests never want to Their only role in life is to come to the will complete the housing legislation, touch oil. They never want to own oil. floor of the Senate and say: Oh, no, no, we will send it back to the House. Fol- They want to do what Will Rogers no. You can’t do that. We are going to lowing that, we will automatically talked about 80 years ago: They want dig in our heels and prevent anyone have a vote on PEPFAR, the global to buy what they will never get from from doing anything. That is not pub- AIDS bill. people who never had it and make lic policy we should be proud of. We are What we wanted to do is avoid those money on both sides. And then walk trying very hard to construct some votes and come in Monday, and we around with a permanent grin, walking public policy in all these areas that would wind up at the same place. But into the bank with our money to make give us a chance to move forward. I we were not able to get agreement. So their deposits. Yes, the OPEC countries know there are reasons for some to ob- we will do directly what we could have do that and so do these speculators as ject to certain activities. But we have done indirectly, but we would have they have driven up the prices. The seen, in the last 5 or 6 months, a steady wound up the same way. problem is it injures this country’s stream of people coming to this floor First, I appreciate everyone’s pa- economy. and saying: My goal is to stop anything tience. The Presiding Officer has spent It is devastating, for example, to var- from happening. Meanwhile, all these a lot of time here. Senator DODD, who ious industries—the trucking industry, issues pile up in a way I think is a dan- is chairman of the committee, has been the airline industry, and farming to ger to this country’s future and a dan- here because it is a housing piece of have such high oil prices. It’s also dev- ger to our economy. It is starting with legislation. We have had a number of astating to ordinary consumers, trying this issue of energy, as I began the dis- conversations with Senator SHELBY. to figure out how on Earth do I scrape cussion today. The staff has been tremendous. We up the money to fill my gas tank to be We have a responsibility in the short have had staff working on trying to re- able to drive back and forth to work. term, and I know the majority leader solve these amendments. I really ap- How do I do that? and others believe it as well. preciate Senator DURBIN, my friend Now, I think we have a responsibility We have a responsibility to at least and assistant leader, who has been here to address this excess speculation. tackle excess speculation and the re- throughout the night.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6550 CONGRESSIONAL RECORD — SENATE July 10, 2008 I ask unanimous consent that the work on this bill did not start tonight. Mr. KYL. But rather agreeing to cloture vote on the motion to proceed Senators LUGAR and BIDEN thought all allow an amendment to be offered, de- to S. 2731, the global AIDS bill, occur the work had been done on it. bated and voted on. on Monday, July 14, at 5:30, p.m., with So we are where we are. Senators Mr. REID. That is right. I am sorry I the hour prior to the cloture vote have a right to suggest changes to a did not make that clear. equally divided and controlled between bill, even though we have spent a lot of Mr. KYL. No, No. I knew the Senator the leaders or their designees; that if time on it. would want to be clear on that. There cloture is invoked, all postcloture time I say to my friend, the distinguished are some nonrelevant or nongermane be yielded back, the motion to proceed Republican whip, we are anxious to fin- amendments that have been proposed. be agreed to, the motion to reconsider ish this bill. I personally think it is It is certainly understandable that the be laid on the table, and the Senate good legislation. I think it is some- majority would not want to have those proceed to consideration of the bill. thing we as a country need to do. But amendments considered as a part of the The PRESIDING OFFICER. Is there also understand that we have been will- debate. For those amendments, how- objection? ing to accept on this piece of legisla- ever, that are relevant to the subject matter at hand, that is what most of The Senator from Arizona. tion any germane amendments that re- the discussion has been about, and we Mr. KYL. Mr. President, I do object late to this bill. We have even agreed are hoping at the end of the day an ar- on behalf of Senator DEMINT. Let me tonight to work on some things that rangement can be agreed to where make a very brief statement. are not, but we have agreed to do that those amendments could be considered The distinguished majority leader is in an effort to move this forward. I by the Senate, debated, voted upon, correct. It is almost 11:30 this evening, hope over the weekend, perhaps even maybe rejected, but at least the Mem- and we have been working since about tomorrow before we leave, maybe bers would have had an opportunity to 3 o’clock this afternoon to try to reach something can be done. If not, maybe vote on the amendments, and, as I said agreement on how to proceed with this Monday we can do something. Other- very important bill. We have made a before, and, as the majority leader wise, we find ourselves in this position. said, to conclude the bill then some- lot of progress. A lot of Members have Monday we are on the bill. We would at been willing to make concessions to time next week. that time, of course, have to file clo- The PRESIDING OFFICER. The ob- try to limit the number of amendments ture on the bill itself. that would be considered so this bill jection is heard. Now, I think we could constructively Mr. REID. So Mr. President, I have could be completed sometime next use some time. If there are Senators week. But we haven’t worked out ev- asked the first consent, which was that who want to change this legislation we have no votes until Monday. That erything. Unfortunately, because ev- and do it in a germane fashion, we erything hasn’t been worked out at was objected to. should spend that 30 hours—actually ORDER OF PROCEDURE this late hour tonight, it wasn’t pos- the 2 days it would take for cloture to sible for us, one of our Members, to Mr. REID. So, Mr. President, now I ripen—on trying to improve the bill. ask unanimous consent that on Friday, agree to this particular request. The We would be happy to do that. We majority leader is correct about how after all the postcloture time has ex- would even be willing to consider, as pired on the motion to disagree—that we will have to proceed as a result. my friend knows, the junior Senator It is my strong hope that because time occurring at 5:21 p.m.—the Senate from Arizona, amendments, as we have this is a very important piece of legis- proceed to vote on the motion to dis- talked about tonight, that may not be lation—Members have different views agree to the amendment of the House technically germane. I hope we can do about aspects of it—an agreement adding a new title and inserting a new that. could be reached by which an appro- section to the amendment of the Sen- But as we have seen in this Presi- priate number of amendments could be ate to H.R. 3221; that upon disposition dential election year, we have two of considered and debated and voted on of that motion, the Senate then pro- our Senators running for President, next week and the bill finally disposed ceed to vote on the motion to invoke and it makes it extremely difficult to of at a point next week. There is a fair- cloture on the motion to proceed to S. legislate in a way that we perhaps ly constructive way to do this, and 2731, the global AIDS bill; that if clo- would like to. But that is the process then there is a way to do it that isn’t ture is invoked, then all postcloture in which we find ourselves. So hope- as constructive. time be deemed expired, and on Mon- So I appreciate the effort the major- fully something will work out well dur- day, July 14, following a period of ity leader and others have put into this ing the night or, if not, maybe tomor- morning business, the motion to pro- tonight. It would be my hope that in row or, if not, over the weekend. I hope ceed be agreed to, and the motion to that same spirit, we can continue to we could spend our week construc- reconsider be laid upon the table; that talk about this tomorrow and hope- tively disposing of this legislation the the Senate then proceed to the consid- fully reach an agreement we would be President wants. eration of S. 2731; that if cloture is not able to proceed with in order to com- We will finish the legislation very invoked, then a motion to reconsider plete the bill sometime next week. likely, one way or another, next week. the vote by which cloture was not in- Mr. REID. Mr. President, there was I cannot imagine the President’s own voked be considered to have been en- an objection, I understand, by my party would stop this bill from passing. tered. friend. But we have been surprised in the past. The PRESIDING OFFICER. Is there There has been tremendous work on So we will do what we can to help the objection? this bill for months and months. The President. This is a bill I believe in. Without objection, it is so ordered. The PRESIDING OFFICER. The as- principal workers on this bill have been The vast majority of the Democrats— sistant majority whip. the chairman of the committee, Sen- in fact, I do not know of a Democrat ator BIDEN, and the ranking member, who does not like the bill. But we hope f Senator LUGAR. They have worked on there would be some reasonableness on MORNING BUSINESS the other side to try to help the Presi- this for months. I have, for more than Mr. DURBIN. Mr. President, I ask dent’s program also. a month, had statements made to me: unanimous consent that the Senate Mr. KYL. Mr. President, might I Give us another day, another day. That proceed to a period of morning busi- make a point of clarification? has been going on for a long time. We ness. are in a situation here where we ran Mr. REID. Sure. The PRESIDING OFFICER. Without out of days, and we had to move for- Mr. KYL. I think the majority leader objection, it is so ordered. will agree with this. When the majority ward. Senator LUGAR and Senator f BIDEN have accepted numerous amend- leader speaks of accepting amendments from Members wanting to make ments, it is not a matter of accepting RECOGNIZING UNIVISION NOTICIAS this bill better. I am confident they did an amendment to the bill. 15 make the bill better. But the fact is— Mr. REID. No. To debate and vote on Mr. REID. Mr. President, I rise today I want everyone to understand—the them. to recognize the efforts of Noticias 15,

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6551 a Nevada news program that has gone Ciudadanı´.’’ The momentum that has under section 308(b) and in aid of section 311 to great lengths to realize the benefits been created by this program and oth- of the Congressional Budget Act, as amend- of U.S. citizenship for many new Amer- ers will lead to better opportunities for ed. icans. the Hispanic community and for the The estimates of budget authority, out- Noticias 15 has shown the impact larger community in which we all live. lays, and revenues are consistent with the news media can have by supporting technical and economic assumptions of S. I look forward to seeing more contribu- Con. Res. 70, the Concurrent Resolution on programs like ‘‘Ya Es Hora . . . tions from this important organization the Budget for Fiscal Year 2009, as approved Ciudadanı´’’ or ‘‘Now is the Time . . . in the Silver State. by the Senate and the House of Representa- Citizenship’’, which motivates and as- f tives. sists lawful permanent residents to Pursuant to section 204(a) of S. Con. Res. navigate the often daunting legal hur- BUDGET SCOREKEEPING REPORTS 21, provisions designated as emergency re- dles of our immigration system Mr. CONRAD. Mr. President, I rise to quirements are exempt from enforcement of through a comprehensive civic engage- submit to the Senate the first budget the budget resolution. As a result, the en- ment strategy. scorekeeping reports for the 2009 budg- closed current level report excludes these Noticias 15, working with its sister et resolution. The reports, which cover amounts (see footnote 2 of Table 2 of the report). programs in the Entravision Commu- fiscal years 2008 and 2009, were prepared by the Congressional Budget Office Since my last letter, dated January 24, nications Corporation, provides a 2008, the Congress has cleared and the Presi- strong example of the support that can pursuant to section 308(b) and in aid of dent has signed several acts that affect budg- help to more fully engage immigrant section 311 of the Congressional Budget et authority, outlays, or revenues. These communities and traditionally under- Act of 1974, as amended. amounts were included in the budget aggre- represented minority groups in civic The reports show the effects of con- gates of S. Con. Res. 70. Please see footnote participation. As one of the top-rated gressional action through July 7, 2008 1 of the accompanying report for a list of local early evening newscasts in the and include the effects of Public Law those acts. In addition, the Congress has Las Vegas market, the news program 110–252, the Supplemental Appropria- cleared and the President has signed the tions Act, 2008, which the President Supplemental Appropriations Act, 2008 (Pub- has disseminated critical information lic Law 110–252). This is CBO’s first current on applying for U.S. citizenship, fea- signed into law on June 30, 2008. The es- level report since the adoption of S. Con. turing segments on citizenship eligi- timates of budget authority, outlays, Res. 70. bility, requirements, and the applica- and revenues are consistent with the Sincerely, tion process. In addition, it has technical and economic assumptions of ROBERT A. SUNSHINE, partnered with local and national agen- S. Con Res. 70, the 2009 budget resolu- (For Peter R. Orszag, Director). cies to boost voter registration among tion. Enclosure. viewers. For 2008, the estimates show that This is particularly relevant in Ne- current level spending is below the TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- vada, where we have experienced rapid budget resolution by $5.4 billion for ING AND REVENUES FOR FISCAL YEAR 2008, AS OF population growth in the Hispanic budget authority and $2.6 billion for JULY 7, 2008 community—now nearly one in every outlays while current level revenues (In billions of dollars) are above the budget resolution by $4 four Nevadans is of Hispanic descent. Current We must encourage the active partici- billion. For 2009, the estimates show Budget res- Current level over/ that current level spending is below olution 1 level 2 under (-) pation in civic life of every eligible Ne- resolution vadan, and I am pleased that Noticias the budget resolution by $983 billion for 15 is a partner in this effort. budget authority and $615.8 billion for ON-BUDGET Budget Authority ...... 2,454.2 2,448.9 ¥5.4 Like many of my fellow Nevadans, I outlays while current level revenues Outlays ...... 2,435.9 2,433.2 ¥2.6 am aware of the challenges we have are above the budget resolution level Revenues ...... 1,875.4 8,879.4 4.0 OFF-BUDGET faced in increasing civic participation by $67.8 billion. Social Security Outlays3 ...... 463.7 463.7 0.0 among Hispanics. Our proverbial I ask unanimous consent that the Social Security Revenues ...... 666.7 666.7 0.0 wheels are spinning as we fight to letters and accompanying tables from 1 S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal Year make the American dream attainable CBO be printed in the RECORD. 2009, assumed $108.1 billion in budget authority and $28.9 billion in outlays for overseas deployment and related activities. P.L. 110–252, the Sup- for all families who work hard and play There being no objection, the mate- plemental Appropriations Act, 2008, designated funding for these activities by the rules, level the playing field so rial was ordered to be printed in the as an emergency requirement, pursuant to section 204(a) of S. Con. Res. ECORD 21, the Concurrent Resolution on the Budget for Fiscal Year 2008. Such that Latinos can become viable can- R , as follows: emergency amounts are exempt from the enforcement of S. Con. Res. 70. didates for elective office, and remove U.S. CONGRESS, Since current level totals exclude the emergency requirements enacted in ONGRESSIONAL UDGET FFICE P.L. 110–252 (see footnote 2 of table 2), budget authority and outlay totals the unfair barriers that hinder the C B O , specified in S. Con. Res. 70 have also been reduced for purposes of com- Latino community from coming out to Washington, DC, July 9, 2008. parison. 2 vote. Noticias 15’s actions help to pro- Hon. KENT CONRAD, Current level is the estimated effect on revenue and spending of all leg- Chairman, Committee on the Budget, islation, excluding amounts designated as emergency requirements (see vide the traction that will keep our footnote 2 of table 2), that the Congress has enacted or sent to the Presi- U.S. Senate, Washington, DC. dent for his approval. In addition, full-year funding estimates under current wheels from continually spinning up DEAR MR. CHAIRMAN: The enclosed report law are included for entitlement and mandatory programs requiring annual dust. shows the effects of Congressional action on appropriations, even if the appropriations have not been made. 3 Excludes administrative expenses ofthe Social Security Administration, Today, I recognize Noticias 15 for its the fiscal year 2008 budget and is current which are off-budget, but are appropriated annually. valuable support of ‘‘Ya Es Hora . . . through July 7, 2008. This report is submitted SOURCE: Congressional Budget Office. TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2008, AS OF JULY 7, 2008 [In millions of dollars]

Budget authority Outlays Revenues

Previously Enacted: 1 Revenues ...... n.a. n.a. 1,879,400 Permanents and other spending legislation ...... 1,441,010 1,394,887 n.a. Appropriation legislation ...... 1,604,649 1,635,118 n.a. Offsetting receipts ...... ¥596,805 ¥596,805 n.a. Total, Previously enacted ...... 2,448,854 2,433,200 1,879,400 Enacted this session: Supplemental Appropriations Act, 2008 (P.L. 110–252) 2 ...... 0 7 0 Total Current Level 2,3 ...... 2,448,854 2,433,207 1,879,400 Total Budget Resolution 4 ...... 2,562,305 2,464,754 1,875,400 Adjustment to the budget resolution for emergency requirements 5 ...... ¥108,056 ¥28,901 n.a. Adjusted Budget Resolution ...... 2,454,249 2,435,853 1,875,400 Current Level Over Budget Resolution ...... n.a. n.a. 4,000 Current Level Under Budget Resolution ...... 5,395 2,646 n.a. 1 Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal Year 2009: National Defense Authorization Act for Fiscal Year 2008 (P.L. 110–181), Economic Stimulus Act of 2008 (P.L. 110–185), Andean Trade Preference Extension Act of 2008 (P.L. 110–191), Ensuring Continued Access to Student Loans Act of 2008 (P.L. 110–227), Consolidated Natural Resources Act of 2008 (P.L. 110–229), Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (P.L. 110–232), Food, Conservation, and Energy Act of 2008 (PL. 110–234), SAFETEA–LU Technical Corrections Act of 2008 (P.L. 110–244), and Heroes Earnings Assistance and Relief Act of 2008 (P.L. 110–245).

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Supplemental Appropriations Act, 2008 (P.L. 110–252) ...... 115,808 35,350 n.a. 3 For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level excludes these items. 4 Periodically, the Senate Committee on the Budget revises the totals in S. Con. Res. 70, pursuant to various provisions of the resolution: Budget authority Outlays Revenues

Original Budget Resolution ...... 2,563,262 2,465,711 1,875,392 Revisions: For the Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (SPR Act) (section 323(d)) ...... ¥950 ¥950 0 For the Heroes Earnings Assistance and Relief Tax Act of 2008 (Heroes Act) (section 323(d)) ...... 0 0 8 For adjustment to debt service for the SPR and Heroes acts (section 323(d)) ...... ¥7 ¥7 0

Revised Budget Resolution ...... 2,562,305 2,464,754 1,875,400 5 S. Con. Res. 70 assumed $108,056 million in budget authority and $28,901 million in outlays for overseas deployment and related activities. P.L. 110–252 designated funding for these activities as an emergency requirement, pursuant to section 204(a) of S. Con. Res. 21. Such emergency amounts are exempt from the enforcement of S. Con. Res. 70. Since current level totals exclude the emergency requirements enacted in P.L. 110–252 (see footnote 2), budget authority and outlay totals specified in S. Con. Res. 70 have been reduced for purposes of comparison. SOURCE: Congressional Budget Office. Note: n.a. = not applicable; P.L. = Public Law.

U.S. CONGRESS, of the Congressional Budget Act, as amend- quirements are exempt from enforcement of CONGRESSIONAL BUDGET OFFICE, ed. the budget resolution. As a result, the en- Washington, DC, July 9, 2008. The estimates of budget authority, out- closed current level report excludes these Hon. KENT CONRAD, lays, and revenues are consistent with the amounts (see footnote 2 of Table 2 of the re- Chairman, Committee on the Budget, technical and economic assumptions of S. port). U.S. Senate, Washington, DC. Con. Res. 70, the Concurrent Resolution on This is CBO’s first current level report for DEAR MR. CHAIRMAN: The enclosed report the Budget for Fiscal Year 2009, as approved fiscal year 2009. shows the effects of Congressional action on by the Senate and the House of Representa- Sincerely, the fiscal year 2009 budget and is current tives. ROBERT A. SUNSHINE through July 7, 2008. This report is submitted Pursuant to section 204(a) of S. Con. Res. (For Peter R. Orszag). under section 308(b) and in aid of section 311 21, provisions designated as emergency re- Enclosure. TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2009, AS OF JULY 7, 2008 [In billions of dollars]

Budget Current level over/ Current under (-) resolution1 2 level resolution

ON–BUDGET Budget Authority ...... 2,455.9 1,472.9 ¥983.0 Outlays ...... 2,490.9 1,875.1 ¥615.8 Revenues ...... 2,029.6 2,097.4 67.8 OFF–BUDGET Social Security Outlays3 ...... 493.6 493.6 0.0 Social Security Revenues ...... 695.9 695.9 0.0 1 S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal Year 2009, assumed $70.0 billion in budget authority and $74.8 billion in outlays for overseas deployment and related activities. Additionally, S. Con. Res. 70 assumed $5.8 billion in budget authority and $1.2 billion in outlays for the Corps of Engineers. P.L. 110–252, the Supplemental Appropriations Act, 2008, designated funding for these activities as an emergency requirement, pursuant to section 204(a) of S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008. Such emergency amounts are exempt from the enforcement of S. Con. Res. 70. Since current level totals exclude the emergency requirements enacted in P.L. 110–252 (see footnote 2 of table 2), budget authority and outlay totals specified in S. Con. Res. 70 have also been reduced for purposes of comparison. 2 Current level is the estimated effect on revenue and spending of all legislation, excluding amounts designated as emergency requirements (see footnote 2 of table 2), that the Congress has enacted or sent to the President for his approval. In addition, full-year funding estimates under current law are included for entitlement and mandatory programs requiring annual appropriations, even if the appropriations have not been made. 3 Excludes administrative expenses of the Social Security Administration, which are off-budget, but are appropriated annually. SOURCE: Congressional Budget Office.

TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2009, AS OF JULY 7, 2008 [In millions of dollars]

Budget authority Outlays Revenues

Previously Enacted 1 Revenues ...... n.a. n.a. 2,097,399 Permanents and other spending legislation ...... 1,440,235 1,392,509 n.a. Appropriation legislation ...... 0 471,616 n.a. Offsetting receipts ...... ¥587,749 ¥587,749 n.a. Total, Previously enacted ...... 852,486 1,276,376 2,097,399 Enacted this session: Supplemental Appropriations Act, 2008 (P.L. 110–252) 2 ...... 0 23 27 Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 620,449 598,715 0 Total Current Level 2,3 ...... 1,472,935 1,875,114 2,097,426 Total Budget Resolution4 ...... 2,531,668 2,566,868 2,029,644 Adjustment to the budget resolution for emergency requirements5 ...... ¥70,000 ¥74,809 n.a. Adjustment to the budget resolution for emergency requirements5 ...... ¥5,761 ¥1,152 n.a. Adjusted Budget Resolution ...... 2,455,907 2,490,907 2,029,644 Current Level Over Budget Resolution ...... n.a. n.a. 67,782 Current Level Under Budget Resolution ...... 982,972 615,793 n.a. 1 Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal Year 2009: National Defense Authorization Act for Fiscal Year 2008 (PL. 110–181), Economic Stimulus Act of 2008 (P.L. 110–185), Andean Trade Preference Extension Act of 2008 (PL. 110–191), Ensuring Continued Access to Student Loans Act of 2008 (P.L. 110–227), Consolidated Natural Resources Act of 2008 (P.L. 110–229), Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (P.L. 110–232), Genetic Information Nondiscrimination Act of 2008 (P.L. 110–233), Food, Conservation, and Energy Act of 2008 (P.L. 110–234), SAFETEA–LU Technical Corrections Act of 2008 (P.L. 110–244), and Heroes Earning Assistance and Relief Act of 2008 (P.L. 110–245). 2 Pursuant to section 204(a) of S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so designated for fiscal year 2009, which are not included in the current level total, are as follows: Budget authority Outlays Revenues

Supplemental Appropriations Act, 2008 (P.L. 110–252) ...... 85,155 87,211 n.a. 3 For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level excludes these items. 4 Periodically, the Senate Committee on the Budget revises the totals in S. Con. Res. 70, pursuant to various provisions of the resolution: Budget authority Outlays Revenues

Original Budget Resolution ...... 2,530,703 2,565,903 2,029,612 Revisions: For the Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (SPR Act) (section 323(d)) ...... 950 950 0 For the Heroes Earnings Assistance and Relief Tax Act of 2008 (Heroes Act) (section 323(d)) ...... 28 28 32 For adjustment to debt service for the SPR and Heroes acts (section 323(d)) ...... ¥13 ¥13 0

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Budget authority Outlays Revenues

Revised Budget Resolution ...... 2,531,668 2,566,868 2,029,644 5 S. Con. Res. 70 assumed $70,000 million in budget authority and $74,809 million in outlays for overseas deployment and related activities. Additionally, S. Con. Res. 70 assumed $5,761 million in budget authority and $1,152 million in outlays for the Corps of Engineers. P.L. 110–252, the Supplemental Appropriations Act, 2008, designated funding for these activities as an emergency requirement, pursuant to section 204(a) of S. Con. Res. 21. Such emergency amounts are exempt from the enforcement of S. Con. Res. 70. Since current level totals exclude the emergency requirements enacted in P.L. 110–252 (see footnote 2), budget authority and outlay totals specified in S. Con. Res. 70 have also been reduced for purposes of comparison. SOURCE: Congressional Budget Office. Note: n.a. = not applicable; P.L. = Public Law.

REMEMBERING SENATOR JESSE has tapped out its resources; it is time great distances to get to California. HELMS for the Federal Government to step up This is unacceptable. Mr. HAGEL. Mr. President, I rise to the plate. I am writing to the President again And the Forest Service is also short today to pay tribute to our friend and to renew this critical request. on staff. Key supervisors and fire- former colleague, Senator Jesse Helms Let me share with you a letter writ- fighters are missing from our national of North Carolina. When Senator ten by Henry Renteria, Director of parks, hampering firefighting and Helms passed away on the Fourth of Governor Schwarzenegger’s Office of brush clearing efforts. Last month the July, our country lost a patriot and a Emergency Services, to R. David agency reported 380 vacancies in Cali- strong conservative voice. Paulison, Administrator of the Federal fornia—roughly 8.5 percent out of a Senator Helms’ life was about public Emergency Management Agency. total force of 4,432. These positions service. During World War II, he served It says in part: must be filled. Agriculture Under Sec- in the U.S. Navy, where he first devel- We are in an unprecedented draw-down in retary Mark Rey promised me these oped his commitment to a strong U.S. the state’s emergency resources. Many fire vacancies would be filled by July 8. But departments are barely able to maintain suf- military and America’s security at as of today only 289 positions have been home and abroad. He served in a num- ficient resources for initial attack on new filled. We need to do more. structure fires, while still participating in ber of public roles in Washington, DC, A Full Emergency Declaration: Gov- the statewide mutual aid effort to address and in his home State of North Caro- ernor Schwarzenegger has declared these wildfires. lina, and in 1972 was elected to the U.S. emergencies in 11 counties: Butte, Even with the assistance of more Senate—a position he held for five con- Trinity, Shasta, Santa Barbara, Santa than 24,000 firefighters from 40 States, secutive terms. Clara, Monterey, Mendocino, Santa ‘‘California has outstanding orders for Senator Helms was chairman of the Cruz, Plumas, Kern, and Mariposa. But fire resources that it is unable to fill,’’ Senate Foreign Relations Committee President Bush has issued only a lim- the letter states. when I came to the Senate in 1996, ited emergency declaration. California Yesterday there were requests for 230 where I have served for 12 years. As is asking the President for a full dis- engines that went unfilled, and at one chairman, he consistently maintained aster declaration, which will open the point last week there were requests for a powerful and determined voice in his State to broader assistance under the 400 crews of 15–20 firefighters that were efforts to strengthen America. I will al- Stafford Act. I fully endorse this re- not met. ways be grateful for his many personal quest. The Governor’s letter continues: courtesies and his constant encourage- Funding: California’s fire emergency ment and assistance over the 6 years California is in the untenable position of is burning up Federal firefighting dol- having orders for firefighting resources re- that we worked together. lars at an alarming rate. The Forest maining unfilled for multiple days. The Gov- Senator Helms was outspoken, Service has already expended $704 mil- ernor has taken the extraordinary action strong-minded, and unwavering in his lion—more than half the $1.2 billion in this week to direct the training of 400 Cali- beliefs. He was a leader who will be available funds—and fire season has fornia National Guard soldiers in basic fire- missed. Lilibet and I extend our just begun. Therefore, I am asking for fighting. These soldiers will be assigned to thoughts and prayers to Jesse’s widow $910 million in emergency appropria- the firefight as quickly as they can be trained and equipped. and our friend Dot and his wonderful tions for the Forest Service and Inte- family. rior Department. Mr. Renteria—again, the Governor’s f This emergency funding, to be used authorized representative—concludes throughout the United States as need- by warning that ‘‘the cumulative im- CALIFORNIA WILDFIRES UPDATE ed this year, includes: $610 million for pact of these disasters has exhausted Mrs. FEINSTEIN. Mr. President, I wildfire suppression; $125 million for state and local resources to the point rise today to update the Senate on the fuels reduction on State and private in which California cannot avert threat deteriorating situation in California. lands; $100 million for rehabilitation; to live and improved property ade- Simply put, the situation is unten- $50 million for fuels reduction on Fed- quately.’’ able. eral lands; and $25 million for fire- This is without question a clear and In the past 2 weeks, 1,781 wildfires fighter recruitment and retention in present threat to the largest State in have burned roughly 688,000 acres—an high risk areas. the Nation. area roughly the size of Rhode Island. Air assets: The Governor has told California is on the precipice of a Today, 323 fires continue to burn in- President Bush that we need an addi- major catastrophe. California has spent cluding the Camp Fire, in Butte Coun- tional 41 helicopters in California. I am more than $300 million fighting these ty. As a result of that fire, 14,000 resi- committed to working with the Presi- fires—that is more than it spent on dents have had to evacuate their homes dent to make these aircraft available last year’s firestorms. And this is only and nearly 50 homes have been de- from other States, the military, or for- the second week of July. stroyed in the past 48 hours. eign nations. Whatever it takes, we Let me remind you of what the fall It is likely to get worse—with a heat need these resources. brings to southern California. It brings wave and more lightning strikes fore- We also need to permanently station strong Santa Ana winds, which fuel cast—just as State and Federal re- military firefighting aircraft in Cali- massive and deadly firestorms: In 2003 sources are being depleted. fornia. It is increasingly clear to me in California, huge wildfires burned Governor Schwarzenegger has told that the key to these wildfires in re- roughly 1 million acres; killed 21; and the Federal Government that Cali- mote geographic areas is immediate destroyed more than 5,000 homes. And fornia cannot continue to fight these aerial assault on the fires. You cannot last year in California, wildfires black- fires—that with current resources the get firefighters into these areas fast ened 1,087,110 acres; killed 10; and de- State cannot protect lives and prop- enough. Earlier this year I asked the stroyed 3,079 structures. erty. President and Defense Secretary Rob- We are in a new and dangerous time. California needs the following: Per- ert Gates to permanently station two The great bulk of the fires that have sonnel: The Governor needs 302 more C–130 tankers at Point Mugu. This is burned since last month—more than hand crews to put on the front lines vital; several C–130s are working these 1,000—were sparked by more than 8,000 and 773 support personnel. The State fires today, but they had to travel dry lightning strikes.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6554 CONGRESSIONAL RECORD — SENATE July 10, 2008 California is now faced with dry ping, regardless of his continued raises, and High gas and energy prices are affecting lightning strikes at a level that I can- we are having to cut corners from our budg- everyone negatively but I would rather re- not remember in my lifetime. And et, in every direction. spond to the second part of your email. Due to our sons’ disabilities, it has been Americans are not ‘‘too dependent on pe- more are forecast this week. imprudent for me to work full time. How- troleum,’’ as you said; we are just too de- The State is also facing extreme ever, in light of the growing costs of living pendent on foreign petroleum. We can thank heat. Across the State, nearly in every due to fuel costs skyrocketing, I will most Mr. Clinton and subsequent leaders and leg- county, there are excessive heat warn- likely need to return to work this year, NOT islators for the predicament we find our- ings. to purchase hobby equipment or upgrade our selves in today. They have caved in to the And the State is in the midst of a se- vehicle, but to continue to make our mort- ‘‘environmentalists’’, a very small percent- rious drought—Governor Schwarze- gage payment and to EAT PROPERLY. age of Americans, and not allowed us to pro- To our Congress: PLEASE STOP OUR DE- negger has declared a drought emer- vide for our own oil needs. These foolish poli- PENDENCE ON FOREIGN FUELS. We’re lin- ticians have put us and our economy in a gency. ing the pockets of oil-rich nations while very precarious position. The State’s reservoirs are below nor- stealing the quality of life from our own citi- We need to pursue nuclear power and do- mal, and drought has produced record zens. mestic drilling and refining of petroleum and amounts of dry brush. In many areas, Nuclear energy is NOT the way to go, in take control of providing for our needs in- there is more dry brush than at any my opinion. The dangerous waste by-prod- stead of relying on foreign volatile suppliers. point in the 27-year recorded history of ucts of nuclear-generated power are not If Congress would pass just one piece of legis- worth the savings in costs of energy to our lation to allow us to drill and supply our own the data. citizens. There are many other methods to This dry brush is like an unexploded oil, our foreign suppliers would drop prices generate energy for homes and businesses immediately in fear that we will completely bomb. (and vehicles) that are cleaner, renewable, cut them out of the loop someday. We do not Last month—the halfway point of the and completely non-polluting, such as solar need to continue any ‘‘food for fuel’’ pro- year—more than 272,969 acres in Cali- energy; wind energy; hydro-electric energy grams as you can see what that has done to fornia had burned. That’s up from (why not let all the dams in our state run at our economy and the food shortage in other 42,214 acres burned at the same point full capacity rather than leave one or two parts of the world. turbines unused most of the time, and last year. And up from the 5-year aver- Finally, please inform others in Congress STORE the excess energy we generate to that our country is a capitalistic society and age of 30,938 acres burned on State land keep our costs down, or sell it to profit our at that time of year. that oil companies deserve to profit for the state’s economy); and the transformation of risks they take and the product they supply The facts are clear and cannot be ig- our society’s garbage into usable, non-pol- to Americans. If anybody has received a nored. California is in great peril. And luting hydrogen fuel for vehicles that run on ‘‘windfall’’ it is the federal, and to a lesser California’s peril is the Nation’s peril, hydrogen. degree state, government which receives There are always local (American) solu- for the costs of fighting these fires is undeserved profits. They receive much more tions to local (American) problems. money from the sale of gas in our country fast draining our Federal firefighting TERESA, Boise. resources. than the oil companies and they have not Bottom line: California and the Na- I should think it would be obvious to all done one thing for the money they get for tion need help now. A potentially rec- sentient beings by now that we are on the each gallon sold. The latest figures I have wrong trajectory. The notion that we can read were that oil companies average 4 per- ordbreaking fire season is upon us. We cent of profit from each gallon sold while need to do more. We need to prepare. consume more and more each year without some FUNDAMENTAL changes is wrong. I taxes account for 16 percent of each gallon And we need to do it now. search your words in vain for ideas about sold. f something new. No luck. Same old mindset. Please understand that I am angered by this situation but that anger is in no way di- IDAHOANS SPEAK OUT ON HIGH What about conservation of finite resources? What about alternative energy resource de- rected at you. You have done a fine job rep- ENERGY PRICES velopment? The large and very profitable oil resenting the views of us conservative Re- Mr. CRAPO. Mr. President, in mid- companies benefit enormously from tax publicans in Idaho. Keep up the good work. June, I asked Idahoans to share with breaks. Where is the policy incentive for Sincerely, ROBYN. me how high energy prices are affect- non-polluting alternate forms of energy? ing their lives, and they responded by Where are the incentives to promote more efficient use of the old sources? Pull your Dear Senator, I’m a fan of yours, as is my wife. We both the hundreds. The stories, numbering head from the sand. It is high time you real- have been registered Democrats all our lives, over 1,000, are heartbreaking and ized a new era is upon us. but in the mid-term election of 2006, we both touching. To respect their efforts, I am CRISTINA. submitting every e-mail sent to me re-registered as Independents so as to dis- tance ourselves from our party, as they seem through [email protected] To Whom It May Concern, Fuel costs are killing the average citizen to have gone off the deep end. I remember .gov to the CONGRESSIONAL RECORD. in Idaho. It is bad enough that the price of when Democrats were proud Americans. And This is not an issue that will be easily getting to work is costing more than many though there are a few of us left, most of the resolved, but it is one that deserves im- can afford, but the prices in the grocery party of Rosie O’Donnell, Michael Moore, Al mediate and serious attention, and Ida- stores are also rising exponentially as the Franken, and certain Senators and Congress- hoans deserve to be heard. Their sto- cost of shipping skyrockets and the cost of men (and women) are little more than So- ries not only detail their struggles to running farm equipment to produce the food cialists. And that is giving them the benefit meet everyday expenses, but also have skyrockets. To make things worse, Congress, of the doubt. My wife and I both voted for once again with good intentions but not a Reagan, by the way, and we will vote Repub- suggestions and recommendations as to clue of the damage they would do, are adding lican till we see a difference in the far left what Congress can do now to tackle to the situation with the ridiculous bio-fuels that has taken over our party. Who knows? this problem and find solutions that subsidies. Bio-fuels are horribly inefficient, We may be registered Republicans before too last beyond today. I ask unanimous but the cost of corn to feed dairy cattle and long. consent to have today’s letters printed fatten beef cattle is becoming unaffordable. Enough about our distaste for the Demo- in the RECORD. To make things worse, these terrible incen- crat Party of today, except to say that it There being no objection, the mate- tives to plow up hay fields and raise corn is seems voting on issues such as this go down party lines, with even a few Republicans tak- rial was ordered to be printed in the leaving livestock owners unable to buy hay. Horses are being turned loose or shot by ing the wrong side on issues such as energy, RECORD, as follows: owners who cannot get or afford hay to feed illegal immigration, and homeland security To whom it concerns: them. Once again the bloated farm bill is which I consider to be one and the same. Here’s how rising gas and diesel prices are putting billions of dollars into the hands of We know there are many billions of barrels affecting this Idahoan and her family: a few farming corporations while small farm- of crude off our shores, but the Democrats We are a one-income (plus overtime) mid- ers and livestock owners are left to struggle keep us from drilling. There is even more dle-income family living in Boise. The huge against high fuel and feed costs created by possibly in the Dakotas and Montana, not to increase in fuel prices has caused subsequent Congress. PLEASE repeal these stupid re- mention the shale oil out here in the West increases in the price of consumer goods (due strictions on oil exploration and refining, as and the coal-to-oil or coal-to-gas technology. to price increases for fuel to manufacture, well as that awful subsidy on bio-fuels. They All we have to do is start drilling and build transport, and deliver consumer goods). are counterproductive and just plain stupid. more refineries and the price of oil from Thus, our entire cost of living has increased PAT, Priest River. OPEC will drop drastically! I dropped out of at a rate higher than that of my husband’s college, but I know this, so Washington annual raise. Our standard of living is drop- Dear Senator Crapo, should too. I do not know what is up with

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6555 the Democrats, but they want the United they decide to put them on the endangered we see and read beyond what the system States to fail in every way, it seems! species list? And merely to keep us from wants us to know. Please be one of those who Now, a little more about my wife and I. We drilling in Alaska. I’ll close by saying this: are on the side of people, for our freedom of are both disabled after working hard all our Please try to persuade all Republicans and Constitutional rights. lives and had a good income till our disabil- any Democrats you know that may come Long live the United States of America, ities set in. She went down first, and I fol- over to the common sense side of it all and where our flag flies with pride, and blood has lowed a few years later. God put us together allow us to drill! That is the only way we been shed in her honor. for a reason, I have to believe. It must be so will be energy self-sufficient in the next ten Respectfully, we could lean on each other. But needless to years, unless Al Gore is going to buy me an ANDREA. say we live on a small, fixed income and, electric minivan. eight years ago, my wife’s mother had to And just a quick note: I do not know if I Senator Crapo, come and live with us because she has Alz- believe global warming exists, but even I manage an insurance agency with twenty heimer’s Disease. We got along OK, I guess, more, I am pretty sure that, if it does indeed independent salespeople at Farm Bureau In- till the gas prices shot up. exist, man is not responsible for it. I have surance. I could give you quite a few stories, I remember 1973 and 1981. I know the prices personally talked to scientists and saw an but the one I am most familiar with is my go up and never come back down to the point interview on the ‘‘Glenn Beck’’ program with son that works for us. He is 35 years old and they were, even long after the ‘‘crisis’’ is the founder of ‘‘The Weather Channel’’ and has triplets that are two-and-one-half years over. In ten or so years, it is possible we he said that global warming or climate old. He also has an eleven-year-old and a could be self-sufficient as far as petroleum change is the biggest hoax ever pulled on the nine-year-old, so he has a full house. His wife and natural gas go. If we drill everywhere we American people and the world! It is merely is obviously now a stay-at-home mom, but can, build refineries to process the crude, in a cycle the earth goes through and if you the energy crunch along with grocery infla- 10–12 years, we could have gas prices back to look back to about 60–70 years ago, you’d see tion is absolutely devastating. He coaches something where we could afford to eat. the same cycles and temperatures and his Little League baseball traveling team Because it is not just the gas prices, it is storms, etc. and so between his sales career, baseball, and everything that has to be trucked or shipped OK, Senator, I’m done. I hope you find running kids all over, his gas bill alone is be- by air. Airlines are going belly up, we cannot time to personally read this, because you are tween $600 and $700 per month. With the tri- afford to eat food that is good for us so we one of the good ones who seems to be in plet children, the vehicle has to be a large, have to go to a high starch, low protein diet touch with the people’s needs, along with the used SUV. Couple that with his pick-up, and which will kill us quicker. The long term so- country’s needs. You have always done a the gas mileage is not the greatest! The larg- lution is other means and other types of fuel. good job and, for the most part, I like the er vehicles, however, are a necessity. This is But in the short term, the NOW term, we way you vote. just the icing on the cake when you also con- need to drill and I’ll even say, having lived in Thank you, sider the larger house that they now live in Alaska for a few years, if people knew how RICHARD and KELLEY. with increased utility costs plus the inflated vast the 49th state is, they would say ‘‘Go cost of groceries, especially milk. It is time right ahead, drill!’’ Because it would not Now you are talking, Senator. . . . If more that we start drilling and looking for an ef- hurt any animals, the pipeline could hook Senators and Congress Representatives fective domestic energy policy and quit right up to the one that already runs from started asking the people to share their outsourcing on energy to foreign soil. We Prudoe Bay to Valdez. It is simple really, but thoughts, ideas, and struggles that we are all sincerely hope that Congress does something Congress has always found a way to make it being put through with this energy crisis, we and soon, and that they develop a long term hard. Our whole government seems to be could believe that government really had our comprehensive policy to prevent future simi- ‘‘out of touch’’ with its citizens’ needs. interest at heart, instead of just their own. I lar crises. Did you know that ANWR is 700 miles from have done a lot of research in past months, RON. the nearest tree? There is nothing there! But and find it hard to understand with all the oil if we drill it. And we wouldn’t have to oil we have here in our own country, and we To the powers that be: drill there if we drilled off shore, in the Da- know we have it. Why do we go elsewhere for I am a handicapped woman existing on my kotas and Montana, used coal-to-oil tech- it and, literally, held ransom while someone Social Security and let me tell you, it only nology. The ocean floor pollutes more in else profits? goes so far. I live outside of town about six seepage than drilling ever could because we And on another issue of being held hostage miles and granted, that is not a great dis- have ‘‘green’’ technology, and they do not for energy, are all these utility companies. tance, but it adds up very fast. As you know, shoot up toward the skies anymore like the We always hear on the news, how much prof- Social Security really is not enough to live old black and white movies always show it. it they made, and then how much more it is on, and now I am having to add in out- But these gas prices just kill people like going to cost us, ‘‘We the People,’’ for its rageously high fuel prices for my furnace and my wife and others in our situation. We get use, and then they have the gall to announce car. our fair share every month on the third be- their big corporate raises. If we have to suf- We live in the greatest nation, the richest cause we both started working when we were fer the higher costs, then they should also, nation and still we are dependent on foreign teenagers (I was told this helped with the by waiving their raises until things are fuel to meet our needs. Why is that? We have money part), and my wife’s mother is 71 and under control again. That is my thought on the capacity to be so much more independent worked her whole life. But we are still a fam- this, as well as many others. and yet, the consumer, me, pays out and ily of three with kids who are grown, and six We are a family of four seniors on fixed in- pays out until there is nothing left. Will I be wonderful grandchildren who we like to comes, all with health issues. My mom is 85, able to save any money to pay for my burial? make sure their birthdays and Christmases bedridden. And my brother-in-law is a three- No, not at the rate things are going. It is a are filled with gifts from us that cost money time cancer survivor, a shell of a man. He sad commentary on the government when which we do not have. If I could afford a served two terms in Vietnam in the midst of those who have not have to take care of Prius, I’d buy one! (maybe). But the fact is I Agent Orange and cannot even get any vet- those that have. . . . sad, indeed. have a ’96 Plymouth Voyager and that has to eran’s compensation. His wife is his care- It is time for government to be ‘‘of the peo- last me the rest of my life, hopefully. giver, and she suffers horribly from ple’’ once again, and not out for their own So I need lower gas prices and, as I ramble fibromyalgia. I’m a widow and a caregiver individual gain. on here (you invited me to—LOL), I know for my mom, who is also now a widow. We CINDY. the solution and so do most of the Repub- have had to come together in order to sur- f licans and even some Democrats, except they vive. So we have to watch carefully every won’t let us drill. It seems that the parties penny we spend. We live 15 miles out of town, ADDITIONAL STATEMENTS have to follow like lemmings and they just and have to watch how many trips we take cannot think for themselves. into town so as not to waste gas. We have Other countries are drilling OUR oil right cut back to using one car, and try to cor- THILMANY PAPERS off our coasts! They are, and I’ll tell you relate our doctor visits and trips to the phar- ∑ Mr. KOHL. Mr. President, I want to how. They drill down and then make a 60–90 macy. And it still costs as much or more degree turn and go under our waters and than it did using two cars before the price take a quick moment to congratulate even under our land and are going to get our gouging. Thilmany Papers of Kaukauna, WI, on oil while leasing waters from Cuba! This, sir, I am a lot more in tune to what is going on their 125th year anniversary. From makes me sick!!! If I were in charge, I’d drill in this country and how we are being treated humble beginnings with 18 employees, right through a polar bear’s skull, if I had to, by our own government. It is really criminal it has grown to a family of 1,000 em- to get at the oil that we have more of than to say the least. We, who have worked our ployees today. This trusted paper man- Saudi Arabia! We do! OK. Not really. whole life paying into our system and serv- ufacturer, founded on the banks of the But the polar bear was put on the endan- ing our country in loyalty, and with our gered species list, when they have grown six- lives, we deserve to be treated with far more Fox River 125 years ago, continues to fold in number (where’s the sense in that?). respect than we get. Senator, we know that provide specialty papers with a cus- There are five, six times as many polar bears this system is working hard to take our sov- tomer service record unmatched in now than there were 255 years ago, and NOW ereignty from us. We are not stupid people; eastern Wisconsin.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6556 CONGRESSIONAL RECORD — SENATE July 10, 2008 One of the names most closely associ- largest long-term care providers—offer- milestone anniversary and wish them ated with the progress of Kaukauna is ing approximately 30,000 total beds at continued prosperity in the years to Oscar Thilmany. A German immigrant more than 130 SVHs nationwide. In a come.∑ who arrived in the United States in typical year, State veterans homes will 1866, he tried his hand at a variety of furnish nearly 7 million days of nursing f occupations, going from a journalist home care and about 1.5 million days of for a New York newspaper to a com- domiciliary care. 125TH ANNIVERSARY OF pany involved in wood preserving. In New Hampshire, veterans receive ARTESIAN, SOUTH DAKOTA In Thilmany Pulp and Paper Com- the highest quality of care under the pany, Mr. Thilmany found his calling. watchful eye of Commandant Barry ∑ Mr. THUNE. Mr. President, today I With that calling came one of the most Conway and his extremely capable staff recognize Artesian, SD. The town of successful paper companies in all of in Tilton. It is because of these dedi- Artesian commemorated its 125th anni- Wisconsin today. I congratulate cated men and women in New Hamp- versary of its founding with celebra- Thilmany Papers on their 125th anni- shire and around the country that our tions July 4–6, 2008. versary and wish them much success in elder veteran community receives the Located in Sanborn County, Artesian the years ahead.∑ care they have earned and deserve.∑ was founded in 1883 and was named f after the abundance of flowing wells in f the area, known as artesian wells. 120 YEAR PARTNERSHIP RECOGNIZING AMBER MULDER Since its beginning 125 years ago, the ∑ Mr. SUNUNU. Mr. President, today I ∑ Mr. THUNE. Mr. President, today I community of Artesian has continued recognize the 120th anniversary of recognize Amber Mulder, an intern in to serve as a strong example of South State veterans’ homes, SVHs. my Sioux Falls, SD, office, for all of Dakota values and traditions. Following the Civil War, a large the hard work she has done for me, my I would like to offer my congratula- number of newly disabled veterans staff, and the State of South Dakota tions to the citizens of Artesian on this struggled to earn a living as they ad- over the past several months. milestone anniversary and wish them justed back to civilian life. While the Amber is a graduate of Western continued prosperity in the years to Federal Government operated national Christian High School in Hull, IA. Cur- come.∑ homes for qualifying Union volunteer rently she is attending Hamline Uni- soldiers, the total number of veterans versity School of Law. Amber is a hard f in need of care was overwhelming. worker who has been dedicated to get- In order to meet this need, a number ting the most out of her internship ex- 125TH ANNIVERSARY OF BRUCE, of States independently opened SVHs perience. SOUTH DAKOTA to care for those injured in service to I would like to extend my sincere their country. The first such home ∑ Mr. THUNE. Mr. President, today I thanks and appreciation to Amber for opened in Rocky Hill, CT, in 1864. recognize Bruce, SD. The town of Bruce all of the fine work she has done and In August 1888, aware it had a respon- will commemorate its 125th anniver- wish her continued success in the years sibility to assist those who had so dili- sary of its founding with celebrations to come.∑ gently and honorably served their July 24–27, 2008. country, Congress pledged Federal f Located in Brookings County, Bruce funding to assist with the operation of RECOGNIZING BETSY POPPENS was founded in 1883 and was named existing and future SVHs. This original after statesman B.K. Bruce, who was $250,000 appropriation provided States ∑ Mr. THUNE. Mr. President, today I the first African American to serve a with $100 per eligible veteran enrolled recognize Betsy Poppens, an intern in full term in the United States Senate. in an SVH to assist in providing needed my Sioux Falls, SD, office, for all of Since its beginning 125 years ago, the support to those who could no longer the hard work she has done for me, my community of Bruce has continued to care for themselves. staff, and the State of South Dakota serve as a strong example of South Da- Over time, as the number of veterans over the past several months. kota values and traditions. requiring care increased, the Federal Betsy is a graduate of Marion High I would like to offer my congratula- Government responded by providing School in Marion, SD. Currently she is tions to the citizens of Bruce on this the States with added assistance. With attending Northwestern College, where milestone anniversary and wish them the establishment of the Veterans’ Ad- she is majoring in public relations. She continued prosperity in the years to ministration, VA, in 1930, SVHs were is a hard worker who has been dedi- come.∑ expanded to include three levels of cated to getting the most out of her in- care, and in 1960, Congress established ternship experience. f a per diem payment system to replace I would like to extend my sincere the annual appropriation and better re- thanks and appreciation to Betsy for all of the fine work she has done and 125TH ANNIVERSARY OF flect the funding needs of the Nation’s CENTERVILLE, SOUTH DAKOTA SVHs. Finally, in 1964, Congress initi- wish her continued success in the years ated the State Home Construction to come.∑ ∑ Mr. THUNE. Mr. President, today I Grant Program, which provided further f recognize Centerville, SD. The town of Federal assistance and created the op- Centerville will commemorate the portunity for a dramatic increase in 125TH ANNIVERSARY OF ALPENA, 125th anniversary of its founding with the quantity and quality of SVHs. SOUTH DAKOTA celebrations July 3–6, 2008. During this time, the National Asso- ∑ Mr. THUNE. Mr. President, today I Located in Turner County, ciation of State Veterans Homes, recognize Alpena, SD. The town of Centerville was founded in 1883. It NASVH, was founded to promote legis- Alpena commemorated its 125th anni- earned its name because of its location lation at the national level and in- versary of its founding with celebra- halfway between Yankton and Sioux crease communication among the Na- tions June 20–22, 2008. Falls, and midway between Parker and tion’s SVHs. In partnership with the Located in Jerauld County, Alpena Vermillion. VA, the NASVH continues to advocate was founded in 1883 and was named Since its beginning 125 years ago, the in support of the country’s needy vet- after the hometown of founder and rail- community of Centerville has contin- erans and has been instrumental in in- road superintendent C.H. Prior. Since ued to serve as a strong example of creasing per diem and other funding its beginning 125 years ago, the com- South Dakota values and traditions. rates. munity of Alpena has continued to I would like to offer my congratula- Today, 120 years since the original serve as a strong example of South Da- tions to the citizens of Centerville on appropriation, this State and Federal kota values and traditions. this milestone anniversary and wish partnership has flourished. Currently, I would like to offer my congratula- them continued prosperity in the years SVHs serve as one of the country’s tions to the citizens of Alpena on this to come.∑

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6557 125TH ANNIVERSARY OF CORONA, this milestone anniversary and wish founding with celebrations August 30– SOUTH DAKOTA them continued prosperity in the years September 1, 2008. ∑ Mr. THUNE. Mr. President, today I to come.∑ Located in Pennington County, New recognize Corona, SD. The town of Co- f Underwood was founded in 1883. Since rona commemorated its 125th anniver- its beginning 125 years ago, the com- 125TH ANNIVERSARY OF HOT sary of its founding with celebrations munity of New Underwood has contin- SPRINGS, SOUTH DAKOTA June 20–22, 2008. ued to serve as a strong example of Located in Roberts County, Corona ∑ Mr. THUNE. Mr. President, today I South Dakota values and traditions. was founded in 1883. Since its beginning recognize Hot Springs, SD. The town of I would like to offer my congratula- 125 years ago, the community of Co- Hot Springs commemorated its 125th tions to the citizens of New Underwood rona has continued to serve as a strong anniversary of its founding with cele- on this milestone anniversary and wish example of South Dakota values and brations June 27–29, 2008. them continued prosperity in the years traditions. Located in Fall River County, Hot to come.∑ I would like to offer my congratula- Springs was founded in 1883. Originally f tions to the citizens of Corona on this called ‘‘Minnekahta’’ which means milestone anniversary and wish them ‘‘warm waters’’, the town’s name was 125TH ANNIVERSARY OF MINA, continued prosperity in the years to changed to Hot Springs in 1886. SOUTH DAKOTA come.∑ Since its beginning 125 years ago, the ∑ Mr. THUNE. Mr. President, today I f community of Hot Springs has contin- recognize Mina, SD. The town of Mina ued to serve as a strong example of commemorated its 125th anniversary of 125TH ANNIVERSARY OF South Dakota values and traditions. EPIPHANY, SOUTH DAKOTA its founding with celebrations on July I would like to offer my congratula- 3, 2008. ∑ Mr. THUNE. Mr. President, today I tions to the citizens of Hot Springs on Located in Edmunds County, Mina recognize Epiphany, SD. The town of this milestone anniversary and wish was founded in 1883. Since its beginning Epiphany will commemorate its 125th them continued prosperity in the years 125 years ago, the community of Mina anniversary of its founding with cele- ∑ to come. has continued to serve as a strong ex- brations August 1–3, 2008. f ample of South Dakota values and tra- Located in Hanson County, Epiphany ditions. was founded in 1883. Since its beginning 125TH ANNIVERSARY OF HURLEY, I would like to offer my congratula- 125 years ago, the community of Epiph- SOUTH DAKOTA tions to the citizens of Mina on this any has continued to serve as a strong ∑ Mr. THUNE. Mr. President, today I milestone anniversary and wish them example of South Dakota values and recognize Hurley, SD. The town of Hur- continued prosperity in the years to traditions. ley will commemorate its 125th anni- come.∑ I would like to offer my congratula- versary of its founding with celebrations to the citizens of Epiphany on tions July 25–27, 2008. f this milestone anniversary and wish Located in Turner County, Hurley 125TH ANNIVERSARY OF ONIDA, them continued prosperity in the years was founded in 1883 and still contains SOUTH DAKOTA to come.∑ the Arthur Nelson Museum as the f town’s historical focal point. Since its ∑ Mr. THUNE. Mr. President, today I recognize Onida, SD. The town of Onida 125TH ANNIVERSARY OF ETHAN, beginning 125 years ago, the commu- will commemorate its 125th anniver- SOUTH DAKOTA nity of Hurley has continued to serve sary of its founding with celebrations ∑ as a strong example of South Dakota Mr. THUNE. Mr. President, today I values and traditions. August 7–10, 2008. recognize Ethan, SD. The town of I would like to offer my congratula- Located in Sully County, Onida was Ethan commemorated its 125th anni- tions to the citizens of Hurley on this founded in 1883 and was named after versary of its founding with celebra- milestone anniversary and wish them Oneida, New York, with the intentional tions June 13–15, 2008. continued prosperity in the years to misspelling. Since its beginning 125 Located in Davison County, Ethan come.∑ years ago, the community of Onida has was founded in 1883 and was named continued to serve as a strong example after Revolutionary War patriot Ethan f of South Dakota values and traditions. Allen. Since its beginning 125 years 125TH ANNIVERSARY OF IPSWICH, I would like to offer my congratula- ago, the community of Ethan has con- SOUTH DAKOTA tions to the citizens of Onida on this tinued to serve as a strong example of ∑ milestone anniversary and wish them South Dakota values and traditions. Mr. THUNE. Mr. President, today I recognize Ipswich, SD. The town of Ips- continued prosperity in the years to I would like to offer my congratula- come.∑ tions to the citizens of Ethan on this wich commemorated its 125th anniver- milestone anniversary and wish them sary of its founding with celebrations f continued prosperity in the years to June 13–15, 2008. 125TH ANNIVERSARY OF PIERRE, come.∑ Located in Edmunds County, Ipswich was founded in 1883 and was named SOUTH DAKOTA f after a city of the same name in Brit- ∑ Mr. THUNE. Mr. President, today I 125TH ANNIVERSARY OF ain. Since its beginning 125 years ago, recognize Pierre, SD. The town of GETTYSBURG, SOUTH DAKOTA the community of Ipswich has contin- Pierre commemorated its 125th anni- ∑ Mr. THUNE. Mr. President, today I ued to serve as a strong example of versary of its founding with celebra- recognize Gettysburg, SD. The town of South Dakota values and traditions. tions June 18–22, 2008. Gettysburg will commemorate its 125th I would like to offer my congratula- Located in Hughes County, Pierre anniversary of its founding with cele- tions to the citizens of Ipswich on this was founded in 1883 and was named brations June 27–29, 2008. milestone anniversary and wish them after Fort Pierre and Pierre Choteau Located in Potter County, Gettys- continued prosperity in the years to Jr. of the American Fur Company. burg was founded in 1883, and was come.∑ Since its beginning 125 years ago, the named after the Civil War battle site, f community of Pierre has continued to Gettysburg Pennsylvania. serve as a strong example of South Da- Since its beginning 125 years ago, the 125TH ANNIVERSARY OF NEW kota values and traditions. community of Gettysburg has contin- UNDERWOOD, SOUTH DAKOTA I would like to offer my congratula- ued to serve as a strong example of ∑ Mr. THUNE. Mr. President, today I tions to the citizens of Pierre on this South Dakota traditions and values. recognize New Underwood, SD. The milestone anniversary and wish them I would like to offer my congratula- town of New Underwood will com- continued prosperity in the years to tions to the citizens of Gettysburg on memorate its 125th anniversary of its come.∑

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6558 CONGRESSIONAL RECORD — SENATE July 10, 2008 125TH ANNIVERSARY OF ROSCOE, I would like to offer my congratula- at 19101 Cortez Boulevard in Brooksville, SOUTH DAKOTA tions to the citizens of Wolsey on this Florida, as the ‘‘Cody Grater Post Office milestone anniversary and wish them Building’’. ∑ Mr. THUNE. Mr. President, today I H.R. 5395. An act to designate the facility recognize Roscoe, SD. The town of Ros- continued prosperity in the years to ∑ of the United States Postal Service located coe will commemorate its 125th anni- come. at 11001 Dunklin Drive in St. Louis, Mis- versary of its founding with celebra- f souri, as the ‘‘William ‘Bill’ Clay Post Office Building’’. tions July 4–6, 2008. MESSAGES FROM THE PRESIDENT Located in Edmunds County, Roscoe H.R. 5479. An act to designate the facility Messages from the President of the of the United States Postal Service located was founded in 1883 and was named at 117 North Kidd Street in Ionia, Michigan, after Roscoe Conkling, who served as United States were communicated to the Senate by Mrs. Neiman, one of his as the ‘‘Alonzo Woodruff Post Office Build- Senator of New York from 1867 to 1881. ing’’. Since its beginning 125 years ago, the secretaries. H.R. 5517. An act to designate the facility community of Roscoe has continued to f of the United States Postal Service located at 7231 FM 1960 in Humble, Texas, as the serve as a strong example of South Da- EXECUTIVE MESSAGES REFERRED kota values and traditions. ‘‘Texas Military Veterans Post Office’’. As in executive session the Presiding H.R. 5528. An act to designate the facility I would like to offer my congratula- of the United States Postal Service located tions to the citizens of Roscoe on this Officer laid before the Senate messages from the President of the United at 120 Commercial Street in Brockton, Mas- milestone anniversary and wish them sachusetts, as the ‘‘Rocky Marciano Post Of- continued prosperity in the years to States submitting sundry nominations fice Building’’. and a withdrawal which were referred come.∑ The enrolled bills were subsequently to the appropriate committees. signed by the President pro tempore f (The nominations received today are (Mr. BYRD). 125TH ANNIVERSARY OF TULARE, printed at the end of the Senate pro- SOUTH DAKOTA ceedings.) f ∑ Mr. THUNE. Mr. President, today I f ENROLLED BILL SIGNED recognize Tulare, South Dakota. The MESSAGE FROM THE HOUSE At 2:57 p.m., a message from the town of Tulare commemorated its RECEIVED DURING RECESS House of Representatives, delivered by 125th anniversary of its founding with Mrs. Cole, one of its reading clerks, an- celebrations June 20–22, 2008. nounced that the Speaker has signed Located in Spink County, Tulare was ENROLLED BILL SIGNED the following enrolled bill: founded in 1883. Since its beginning 125 Under the authority of the order of H.R. 6331. An act to amend titles XVIII and XIX of the Social Security Act to extend ex- years ago, the community of Tulare the Senate of January 4, 2007, the Sec- has continued to serve as a strong expiring provisions under the Medicare Pro- retary of the Senate, on July 9, 2008, gram, to improve beneficiary access to pre- ample of South Dakota values and tra- during the recess of the Senate, re- ditions. ventive and mental health services, to en- ceived a message from the House of hance low-income benefit programs, and to I would like to offer my congratula- Representatives announcing that the maintain access to care in rural areas, in- tions to the citizens of Tulare on this Speaker has signed the following en- cluding pharmacy access, and for other pur- milestone anniversary and wish them rolled bill: poses. continued prosperity in the years to The enrolled bill was subsequently come.∑ H.R. 6304. An act to amend the Foreign In- telligence Surveillance Act of 1978 to estab- signed by the President pro tempore f lish a procedure for authorizing certain ac- (Mr. BYRD). quisitions of foreign intelligence, and for The message also announced that the 125TH ANNIVERSARY OF WILLO other purposes. LAKE, SOUTH DAKOTA House has passed the following bill, Under authority of the order of the without amendment: ∑ Mr. THUNE. Mr. President, today I Senate of January 4, 2007, the enrolled S. 2607. An act to make a technical correc- recognize Willow Lake, SD. The town bill was subsequently signed by the tion to section 3009 of the Deficit Reduction of Willow Lake commemorated its Vice President during the recess of the Act of 2005. 125th anniversary of its founding with Senate, on July 9, 2008. The message further announced that celebrations July 4–6, 2008. f the House has passed the following Located in Clark County, Willow bills, in which it requests the concur- Lake was founded in 1883 and was MESSAGES FROM THE HOUSE rence of the Senate: named after the nearby lake, Willow H.R. 3329. An act to provide housing assist- Lake. ance for very low-income veterans. Since its beginning 125 years ago, the ENROLLED BILLS SIGNED H.R. 4174. An act to establish an inter- community of Willow Lake has contin- At 9:30 a.m., a message from the agency committee to develop an ocean acidi- ued to serve as a strong example of House of Representatives, delivered by fication research and monitoring plan and to South Dakota values and traditions. Ms. Niland, one of its reading clerks, establish an ocean acidification program I would like to offer my congratula- announced that the Speaker has signed within the National Oceanic and Atmos- tions to the citizens of Willow Lake on pheric Administration. the following enrolled bills: H.R. 4461. An act to promote and enhance this milestone anniversary and wish H.R. 802. An act to amend the Act to Pre- the operation of local building code enforce- them continued prosperity in the years vent Pollution from Ships to implement ment administration across the country by to come.∑ MARPOL Annex VI. establishing a competitive Federal matching H.R. 3721. An act to designate the facility f grant program. of the United States Postal Service located H.R. 5541. An act to provide a supplemental 125TH ANNIVERSARY OF WOLSEY, at 1190 Lorena Road in Lorena, Texas, as the funding source for catastrophic emergency SOUTH DAKOTA ‘‘Marine Gunnery Sgt. John D. Fry Post Of- wildland fire suppression activities on De- fice Building’’. ∑ partment of the Interior and National Forest Mr. THUNE. Mr. President, today I H.R. 3891. An act to amend the National System lands, to require the Secretary of the recognize Wolsey, SD. The town of Wol- Fish and Wildlife Foundation Establishment Interior and the Secretary of Agriculture to sey commemorated its 125th anniver- Act to increase the number of Directors on develop a cohesive wildland fire management sary of its founding with celebrations the Board of Directors of the National Fish strategy, and for other purposes. June 27–29, 2008. and Wildlife Foundation. H.R. 5811. An act to amend title 44, United Located in Beadle County, Wolsey H.R. 4185. An act to designate the facility States Code, to require preservation of cer- was founded in 1883. Since its beginning of the United States Postal Service located tain electronic records by Federal agencies, at 11151 Valley Boulevard in El Monte, Cali- to require a certification and reports relat- 125 years ago, the community of Wol- fornia, as the ‘‘Marisol Heredia Post Office ing to Presidential records, and for other sey has continued to serve as a strong Building’’. purposes. example of South Dakota values and H.R. 5168. An act to designate the facility H.R. 6061. An act to designate the facility traditions. of the United States Postal Service located of the United States Postal Service located

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6559 at 219 East Main Street in West Frankfort, For consideration of sections 7 and 35 EXECUTIVE AND OTHER Illinois, as the ‘‘Kenneth James Gray Post of the House bill, and section 128 of the COMMUNICATIONS Office Building’’. Senate amendment, and modifications H.R. 6184. An act to provide for a program The following communication was for circulating quarter dollar coins that are committed to conference: Mr. TAYLOR. laid before the Senate, together with emblematic of a national park or other na- accompanying papers, reports, and doc- tional site in each State, the District of Co- f uments, and was referred as indicated: lumbia, and each territory of the United EC–7089. A communication from the Assist- States, and for other purposes. MEASURES REFERRED ant Secretary of the Army (Civil Works), H.R. 6216. An act to improve the Operating transmitting, pursuant to law, a report on Fund for public housing of the Department The following bills were read the first and the second times by unanimous the feasibility study that was undertaken to of Housing and Urban Development, and for evaluate hurricane and storm damage reduc- other purposes. consent, and referred as indicated: tion opportunities for Raritan Bay and H.R. 6382. An act to make technical correc- H.R. 1286. An act to amend the National Sandy Hook Bay, Union Beach, New Jersey; tions related to the Pension Protection Act Trails System Act to designate the Wash- to the Committee on Environment and Pub- of 2006, and for other purposes. ington-Rochambeau Revolutionary Route lic Works. The message also announced that the National Historic Trail; to the Committee on f House has agreed to the following con- Energy and Natural Resources. current resolution, in which it requests H.R. 3329. An act to provide housing assist- REPORTS OF COMMITTEES the concurrence of the Senate: ance for very low-income veterans; to the The following reports of committees Committee on Banking, Housing, and Urban were submitted: H. Con. Res. 375. Concurrent resolution to Affairs. honor the goal of the International Year of H.R. 4461. An act to promote and enhance By Mr. LIEBERMAN, from the Committee Astronomy, and for other purposes. the operation of local building code enforce- on Homeland Security and Governmental Af- At 6:28 p.m., a message from the ment administration across the country by fairs, with an amendment in the nature of a substitute: establishing a competitive Federal matching House of Representatives, delivered by S. 2606. A bill to reauthorize the United grant program; to the Committee on Bank- Mrs. Cole, one of its reading clerks, an- States Fire Administration, and for other nounced that the House has passed the ing, Housing, and Urban Affairs. purposes (Rept. No. 110–411). following bill, without amendment: H.R. 5541. An act to provide a supplemental By Mr. LIEBERMAN, from the Committee funding source for catastrophic emergency on Homeland Security and Governmental Af- S. 2967. An act to provide for certain Fed- wildland fire suppression activities on De- eral employee benefits to be continued for fairs, without amendment: partment of the Interior and National Forest S. 2291. A bill to enhance citizen access to certain employees of the Senate Restaurants System lands, to require the Secretary of the Government information and services by es- after operations of the Senate Restaurants Interior and the Secretary of Agriculture to tablishing plain language as the standard are contracted to be performed by a private develop a cohesive wildland fire management style of Government documents issued to the business concern, and for other purposes. strategy, and for other purposes; to the Com- public, and for other purposes (Rept. No. 110– The message further announced that mittee on Energy and Natural Resources. 412). the House has passed the following bill, H.R. 5811. An act to amend title 44, United By Mrs. BOXER, from the Committee on in which it requests the concurrence of States Code, to require preservation of cer- Environment and Public Works, without the Senate: tain electronic records by Federal agencies, amendment: to require a certification and reports relat- S. 1499. A bill to amend the Clean Air Act H. R. 1286. An act to amend the National ing to Presidential records, and for other to reduce air pollution from marine vessels Trails System Act to designate the Wash- purposes; to the Committee on Homeland Se- (Rept. No. 110–413). ington-Rochambeau Revolutionary Route curity and Governmental Affairs. By Mrs. BOXER, from the Committee on National Historic Trail. H.R. 6061. An act to designate the facility Environment and Public Works, with amend- The message also announced that the of the United States Postal Service located ments: House disagrees to the amendment of at 219 East Main Street in West Frankfort, S. 2844. A bill to amend the Federal Water the Senate to the bill (H. R. 3121) to re- Illinois, as the ‘‘Kenneth James Gray Post Pollution Control Act to modify provisions store the financial solvency of the na- Office Building’’; to the Committee on relating to beach monitoring, and for other Homeland Security and Governmental Af- purposes (Rept. No. 110–414). tional flood insurance program and to By Mr. DORGAN, from the Committee on provide for such program to make fairs. H.R. 6184. An act to provide for a program Indian Affairs, with an amendment in the available multiperil coverage for dam- for circulating quarter dollar coins that are nature of a substitute: S. 462. A bill to approve the settlement of age resulting from windstorms and emblematic of a national park or other na- the water rights claims of the Shoshone-Pai- floods, and for other purposes, and re- tional site in each State, the District of Co- ute Tribes of the Duck Valley Indian Res- quests a conference with the Senate on lumbia, and each territory of the United ervation in Nevada, to require the Secretary States, and for other purposes; to the Com- the disagreeing votes of the two Houses of the Interior to carry out the settlement, mittee on Banking, Housing, and Urban Af- thereon, and appoints the following and for other purposes (Rept. No. 110–415). Members as managers of the con- fairs. f ference on the part of the House: H.R. 6216. An act to improve the Operating Fund for public housing of the Department From the Committee on Financial INTRODUCTION OF BILLS AND of Housing and Urban Development, and for JOINT RESOLUTIONS Services, for consideration of the other purposes; to the Committee on Bank- House bill and the Senate amendment, ing, Housing, and Urban Affairs. The following bills and joint resolu- and modifications committed to con- The following concurrent resolution tions were introduced, read the first ference: Messrs. FRANK of Massachu- was read, and referred as indicated: and second times by unanimous con- setts, KANJORSKI, Ms. WATERS, Messrs. sent, and referred as indicated: H. Con. Res. 375. Concurrent resolution to WATT, CLAY, KLEIN of Florida, honor the goal of the International Year of By Mr. CASEY (for himself, Mr. SAND- MAHONEY of Florida, BACHUS, Mrs. Astronomy, and for other purposes; to the ERS, and Ms. MIKULSKI): BIGGERT, Mrs. CAPITO, Messrs. GARRETT Committee on Commerce, Science, and S. 3237. A bill to assist volunteer fire com- of New Jersey, and PRICE of Georgia. Transportation. panies in coping with the precipitous rise in From the Committee on Energy and fuel prices; to the Committee on Banking, Housing, and Urban Affairs. Commerce, for consideration of section f By Mr. JOHNSON (for himself, Mr. 302 of the Senate amendment, and ENZI, Mr. TESTER, Mr. BARRASSO, modifications committed to con- MEASURES PLACED ON THE Mrs. MCCASKILL, Mr. DOMENICI, Mr. ference: Messrs. DINGELL, BOUCHER, and CALENDAR DORGAN, Mr. ALLARD, Mr. SALAZAR, BARTON of Texas. The following bill was read the first and Mr. NELSON of Nebraska): From the Committee on Transpor- S. 3238. A bill to prohibit the importation and second times by unanimous con- of ruminants and swine, and fresh and frozen tation and Infrastructure, for consider- sent, and placed on the calendar: ation of sections 7 and 2 of the House meat and products of ruminants and swine, bill, and sections 107, 119, and 301 of the H.R. 4174. An act to establish an inter- from Argentina until the Secretary of Agri- agency committee to develop an ocean acidi- culture certifies to Congress that every re- Senate amendment, and modifications fication research and monitoring plan and to gion of Argentina is free of foot and mouth committed to conference: Ms. EDDIE establish an ocean acidification program disease without vaccination; to the Com- BERNICE JOHNSON of Texas, Messrs. within the National Oceanic and Atmos- mittee on Agriculture, Nutrition, and For- BRALEY of Iowa, and GRAVES. pheric Administration. estry.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6560 CONGRESSIONAL RECORD — SENATE July 10, 2008 By Mr. FEINGOLD (for himself, Mr. er’s license and for other purposes; to the MARTINEZ) was added as a cosponsor of DODD, and Mr. MENENDEZ): Committee on Commerce, Science, and S. 2667, a bill to direct the Attorney S. 3239. A bill to prohibit the Secretary of Transportation. General to make an annual grant to the Interior from issuing new Federal oil and By Mr. THUNE (for himself and Mr. the A Child Is Missing Alert and Recov- gas leases to holders of existing leases who GRASSLEY): do not diligently develop the land subject to S. 3251. A bill to amend the Federal Crop ery Center to assist law enforcement the existing leases or relinquish the leases, Insurance Act and the Trade Act of 1974 to agencies in the rapid recovery of miss- and for other purposes; to the Committee on authorize advance payments under the sup- ing children, and for other purposes. Energy and Natural Resources. plemental revenue assistance program; to S. 2681 By Mr. SESSIONS (for himself, Mr. AL- the Committee on Agriculture, Nutrition, At the request of Mr. INHOFE, the EXANDER, Mr. ALLARD, Mr. BARRASSO, and Forestry. names of the Senator from Texas (Mr. and Mr. COCHRAN): By Mr. DODD (for himself, Mr. LEVIN, CORNYN) and the Senator from Missouri S. 3240. A bill to promote energy produc- Mr. MENENDEZ, Mr. REED, Mr. TEST- tion and security in the United States, and ER, Mrs. MCCASKILL, Mr. AKAKA, Mr. (Mr. BOND) were added as cosponsors of for other purposes; to the Committee on En- CASEY, Mr. OBAMA, Mr. KERRY, Mrs. S. 2681, a bill to require the issuance of ergy and Natural Resources. CLINTON, Mr. SANDERS, and Mr. medals to recognize the dedication and By Mr. MARTINEZ (for himself and WHITEHOUSE): valor of Native American code talkers. Mr. NELSON of Florida): S. 3252. A bill to amend the Consumer S. 2731 S. 3241. A bill to designate the facility of Credit Protection Act, to ban abusive credit the United States Postal Service located at practices, enhance consumer disclosures, At the request of Mrs. DOLE, her 1717 Orange Avenue in Fort Pierce, Florida, protect underage consumers, and for other name was added as a cosponsor of S. as the ‘‘CeeCee Ross Lyles Post Office Build- purposes; to the Committee on Banking, 2731, a bill to authorize appropriations ing’’; to the Committee on Homeland Secu- Housing, and Urban Affairs. for fiscal years 2009 through 2013 to pro- rity and Governmental Affairs. By Mrs. BOXER: vide assistance to foreign countries to By Mrs. LINCOLN (for herself and Mr. S. 3253. A bill to provide for the adminis- combat HIV/AIDS, tuberculosis, and ROBERTS): tration of Port Chicago Naval Magazine Na- malaria, and for other purposes. S. 3242. A bill to suspend temporarily the tional Memorial as a unit of the National S. 2838 duty on digital-to-analog converter boxes, Park System, and for other purposes; to the and for other purposes; to the Committee on Committee on Armed Services. At the request of Mr. MARTINEZ, the Finance. f name of the Senator from Illinois (Mr. By Mr. VITTER (for himself and Mr. DURBIN) was added as a cosponsor of S. DEMINT): ADDITIONAL COSPONSORS 2838, a bill to amend chapter 1 of title S. 3243. A bill to amend the Internal Rev- enue Code of 1986 to allow expenses relating S. 609 9 of United States Code with respect to to all home schools to be qualified education At the request of Mr. ROCKEFELLER, arbitration. expenses for purposes of a Coverdell edu- the name of the Senator from Colorado S. 2851 cation savings account; to the Committee on (Mr. SALAZAR) was added as a cospon- At the request of Mr. BUNNING, the Finance. sor of S. 609, a bill to amend section 254 name of the Senator from Washington By Mr. VITTER: of the Communications Act of 1934 to (Ms. CANTWELL) was added as a cospon- S. 3244. A bill to amend the Internal Rev- provide that funds received as uni- enue Code of 1986 to expand the Coverdell sor of S. 2851, a bill to amend the Inter- education savings accounts to allow home versal service contributions and the nal Revenue Code of 1986 to modify the school education expenses, and for other pur- universal service support programs es- penalty on the understatement of tax- poses; to the Committee on Finance. tablished pursuant to that section are payer’s liability by tax return pre- By Mr. BIDEN (for himself, Mr. SPEC- not subject to certain provisions of parers. TER, Mr. CARDIN, and Mr. KERRY): title 31, United States Code, commonly S. 3089 S. 3245. A bill to increase public confidence known as the Antideficiency Act. in the justice system and address any unwar- At the request of Mr. WYDEN, the ranted racial and ethnic disparities in the S. 1689 name of the Senator from Oregon (Mr. criminal process; to the Committee on the At the request of Mr. BINGAMAN, the SMITH) was added as a cosponsor of S. Judiciary. name of the Senator from New York 3089, a bill to designate certain land in By Mr. CARDIN (for himself, Ms. (Mr. SCHUMER) was added as a cospon- the State of Oregon as wilderness, to SNOWE, and Ms. MIKULSKI): sor of S. 1689, a bill to amend the Inter- provide for the exchange of certain S. 3246. A bill to amend the Internal Rev- nal Revenue Code of 1986 to exclude Federal land and non-Federal land, and enue Code of 1986 to allow the Secretary of from gross income amounts received on the Treasury to set the standard mileage for other purposes. rate for use of a passenger automobile for account of claims based on certain un- S. 3116 purposes of the charitable contributions de- lawful discrimination and to allow in- At the request of Mr. VITTER, the duction; to the Committee on Finance. come averaging for backpay and name of the Senator from Louisiana By Mr. LEVIN (for himself and Ms. frontpay awards received on account of (Ms. LANDRIEU) was added as a cospon- STABENOW): such claims, and for other purposes. sor of S. 3116, a bill to amend title S. 3247. A bill to provide for the designa- S. 2204 tion of the River Raisin National Battlefield XVIII of the Social Security Act to sta- Park in the State of Michigan; to the Com- At the request of Mr. WHITEHOUSE, bilize and modernize the provision of mittee on Energy and Natural Resources. the name of the Senator from Florida partial hospitalization services under By Mr. LIEBERMAN (for himself, Ms. (Mr. NELSON) was added as a cosponsor the Medicare program, and for other COLLINS, and Ms. CANTWELL): of S. 2204, a bill to assist wildlife popu- purposes. S. 3248. A bill to amend the Commodity Ex- lations and wildlife habitats in adapt- S. 3118 change Act to clarify the treatment of pur- ing to and surviving the effects of glob- At the request of Mr. GRASSLEY, the chases of certain commodity futures con- al warming, and for other purposes. tracts and financial instruments with re- name of the Senator from Louisiana spect to limits established by the Com- S. 2630 (Mr. VITTER) was added as a cosponsor modity Futures Trading Commission relat- At the request of Mr. KENNEDY, the of S. 3118, a bill to amend titles XVIII ing to excessive speculation, and for other name of the Senator from Rhode Island and XIX of the Social Security Act to purposes; to the Committee on Agriculture, (Mr. WHITEHOUSE) was added as a co- preserve beneficiary access to care by Nutrition, and Forestry. sponsor of S. 2630, a bill to amend the preventing a reduction in the Medicare By Mr. WYDEN (for himself and Ms. Public Health Service Act to establish physician fee schedule, to improve the SNOWE): S. 3249. A bill to restrict any State or local a Federal grant program to provide in- quality of care by advancing value jurisdiction from imposing a new discrimina- creased health care coverage to and ac- based purchasing, electronic health tory tax on mobile wireless communications cess for uninsured and underinsured records, and electronic prescribing, and services, providers, or property; to the Com- workers and families in the commer- to maintain and improve access to care mittee on Finance. cial fishing industry, and for other pur- in rural areas, and for other purposes. By Mr. CORNYN: poses. S. 3140 S. 3250. A bill to disqualify any individual who engages in or is convicted of human S. 2667 At the request of Mr. WEBB, the name smuggling from operating a commercial At the request of Mr. MENENDEZ, the of the Senator from Montana (Mr. motor vehicle or holding a commercial driv- name of the Senator from Florida (Mr. TESTER) was added as a cosponsor of S.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6561 3140, a bill to provide that 4 of the 12 STATEMENTS ON INTRODUCED wished to participate would submit weeks of parental leave made available BILLS AND JOINT RESOLUTIONS their annual fuel receipts. They would to a Federal employee shall be paid By Mr. CASEY (for himself, Mr. then be eligible to receive 75 percent of leave, and for other purposes. SANDERS, and Ms. MIKULSKI): the difference between how much they S. 3185 S. 3237. A bill to assist volunteer fire paid for gas and diesel that year, and At the request of Ms. CANTWELL, the companies in coping with the precipi- how much that same amount of fuel name of the Senator from Maryland tous rise in fuel prices; to the Com- would have cost at 2007 prices. This (Mr. CARDIN) was added as a cosponsor mittee on Banking, Housing, and straightforward, commonsense ap- of S. 3185, a bill to provide for regula- Urban Affairs. proach will help to ensure that volun- tion of certain transactions involving Mr. CASEY. Mr. President, I rise teer fire companies do not have to re- energy commodities, to strengthen the today to introduce legislation, along strain their response to emergency enforcement authorities of the Federal with my colleagues Senator SANDERS calls. Energy Regulatory Commission under and Senator MIKULSKI, that will pro- the Natural Gas Act and the Federal vide immediate assistance to our Na- I would like to thank my colleagues Power Act, and for other purposes. tion’s volunteer firefighters who have Senator SANDERS and Senator MIKUL- S. 3186 been severely affected by the rising SKI for agreeing to serve as original co- At the request of Mr. SANDERS, the cost of gasoline and diesel fuel. This sponsors of this important legislation. names of the Senator from Louisiana bill, the Supporting America’s Volun- In addition, I appreciate the leadership (Ms. LANDRIEU), the Senator from teer Emergency Services Act, or of Congressman JASON ALTMIRE in of- Washington (Ms. CANTWELL), the Sen- SAVES Act, will establish a new grant fering companion legislation in the ator from New York (Mr. SCHUMER), program at the Department of Housing House of Representatives. I hope that the Senator from Illinois (Mr. OBAMA), and Urban Development to help quali- my colleagues in the Senate will join the Senator from Illinois (Mr. DURBIN), fying volunteer fire companies cope me in helping to pass the SAVES Act the Senator from Washington (Mrs. with the strain that today’s gas and immediately so that our volunteer fire MURRAY), the Senator from Alaska diesel prices have put on their already companies can receive some much- (Ms. MURKOWSKI), the Senator from tight operating budgets. According to needed relief on their next trip to the New York (Mrs. CLINTON), the Senator the United States Fire Administration, pump. from New Hampshire (Mr. GREGG), the over 22,141 fire companies, 89 percent of Mr. President, I ask unanimous con- Senator from Indiana (Mr. LUGAR), the all fire companies in the United States, sent that the text of the bill be printed Senator from North Carolina (Mrs. are volunteer or majority volunteer in the RECORD. DOLE), the Senator from Minnesota companies. 39 percent of our country’s (Ms. KLOBUCHAR), the Senator from population, some 117 million people, re- There being no objection, the text of New Jersey (Mr. MENENDEZ), the Sen- lies on these volunteer forces to pro- the bill was ordered to be printed in ator from Pennsylvania (Mr. CASEY), tect their homes and businesses. In re- the RECORD, as follows: the Senator from New Mexico (Mr. cent months, I have heard from fire S. 3237 BINGAMAN) and the Senator from chiefs across Pennsylvania about the Michigan (Ms. STABENOW) were added effect that high gas and diesel prices Be it enacted by the Senate and House of Rep- as cosponsors of S. 3186, a bill to pro- are having on their daily operations. resentatives of the United States of America in vide funding for the Low-Income Home Some have expressed serious concerns Congress assembled, Energy Assistance Program. that fuel costs are preventing them from responding to emergency calls SECTION 1. SHORT TITLE. S. 3214 with the amount of equipment rec- This Act may be cited as the ‘‘Supporting At the request of Mr. BARRASSO, the America’s Volunteer Emergency Services name of the Senator from Wyoming ommended by their National Fire Pro- tection Association guidelines. This Act of 2008’’. (Mr. ENZI) was added as a cosponsor of poses a serious risk to public safety. S. 3214, a bill to provide for a program SEC. 2. FINDINGS. Congress has an obligation to address for circulating quarter dollar coins Congress finds the following: that are emblematic of a national park this issue, for we simply cannot afford to let high gas prices stand in the way (1) According to the Federal Emergency or other national site in each State, Management Administration, in 2006 there the District of Columbia, and each ter- of firefighters’ ability to provide local were— ritory of the United States, and for families and businesses with the help (A) 807,150 volunteer firefighters, nearly 73 other purposes. they need. percent of all active firefighters; and I was lucky to have 6 fire chiefs from (B) 19,915 all-volunteer fire companies na- S.J. RES. 43 York County, Pennsylvania, on hand tionwide, servicing 22.6 percent of the popu- At the request of Mr. WICKER, the today to help me bring attention to lation of the United States and 4,105 compa- name of the Senator from Idaho (Mr. this issue. These gentlemen, Deputy nies comprised of a majority of volunteers, servicing 16.3 percent of the population of CRAPO) was added as a cosponsor of S.J. Chief Barry Emig of the York Area Res. 43, a joint resolution proposing an the United States. United Fire and Rescue, Deputy Chief (2) These volunteer companies, especially amendment to the Constitution of the Joe Madzelan of the Manchester Town- United States relating to marriage. those serving communities of fewer than ship Fire Services, Chief William Car- 5,000 residents, rely heavily upon fund-rais- S. RES. 580 lisle of the Fairview Township Fire De- ing efforts and other potentially unreliable At the request of Mr. BAYH, the partment, Assistant Chief Trever sources of funding for their basic operating names of the Senator from Delaware Rentzel of the Manchester Union Fire expenses. (Mr. CARPER) and the Senator from Company, chief Tony Myers of the (3) According to the Energy Information Administration, between June 2003 and June Tennessee (Mr. ALEXANDER) were added Shrewsbury Fire Department, and 2008, the price of regular grade gasoline and as cosponsors of S. Res. 580, a resolu- Chief John Senft of York City Fire and diesel fuels rose 171 percent and 229 percent, tion expressing the sense of the Senate Rescue, have helped me and others un- respectively. on preventing Iran from acquiring a derstand the impact that high fuel (4) These rising costs represent an unavoid- nuclear weapons capability. prices have made on each of their de- able burden, and have placed serious con- S. RES. 602 partments’ bottom line. I want to straints on the ability of volunteer companies to respond to fire emergencies. At the request of Mr. NELSON of Ne- thank them for going above and beyond braska, the name of the Senator from the call of duty to help me in this ef- SEC. 3. DEFINITION OF QUALIFIED VOLUNTEER New Hampshire (Mr. SUNUNU) was fort. FIRE DEPARTMENT. added as a cosponsor of S. Res. 602, a The program created under the In this Act, the term ‘‘qualified volunteer bill supporting the goals and ideals of SAVES Act would set a baseline gas fire department’’ has the same meaning ‘‘National Life Insurance Awareness and diesel price using 2007 price data. given that term in section 150(e) of the Inter- Month’’. Each year, volunteer companies that nal Revenue Code of 1986.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6562 CONGRESSIONAL RECORD — SENATE July 10, 2008 SEC. 4. GASOLINE AND DIESEL FUEL SUBSIDY Mr. JOHNSON. Mr. President, I come gionalization may be a viable option PROGRAM. before the Senate today to discuss a for other livestock diseases, the ex- (a) ESTABLISHMENT OF BASELINE.— critically important issue to the live- tremely contagious nature and signifi- (1) IN GENERAL.—The Secretary of Housing and Urban Development shall, for calendar stock industry in South Dakota and cant economic impact of FMD dictates year 2007, determine for each of the 5 Petro- across the United States, that being that we must treat countries as a leum Administration for Defense Districts the United States Department of Agri- whole, and that a country must dem- the average annual price per gallon for— culture’s, USDA, proposal to region- onstrate its ability to remain free of (A) gasoline; and alize Argentina for Foot-and-Mouth FMD. While the USDA is moving to set (B) diesel fuel. Disease, or FMD. FMD is a highly con- a precedent with this rule regarding its (2) BASIS FOR PRICE PER GALLON.—The aver- tagious and airborne disease affecting protocol for FMD, this bill is a com- age annual price per gallon determined ruminants and swine. The disease is so under paragraph (1) shall be based solely on mon sense response that USDA’s pro- data reported by the Energy Information Ad- destructive that FMD is considered to posal is simply not good policy for ministration. be the most economically devastating American ranchers and farmers and for (3) BASELINE.—The price per gallon deter- of all livestock diseases, according to our domestic livestock herds. mined under paragraph (1) shall serve as the the American Veterinary Medical Asso- Mr. ENZI. To my friend from South baseline fuel cost for each Petroleum Admin- ciation. An outbreak in Great Britain Dakota, I ask whether this legislation istration for Defense District. in 2001, for example, cost the economy would interfere with the current status (b) PAYMENTS.— nearly $20 billion and led to the slaugh- of trade with product from countries (1) SUBMISSION OF RECEIPTS.—At the end of ter of over 6 million animals. It is with each calendar year, each qualified volunteer with a presence of FMD? fire department seeking reimbursement concern for the health and viability of Mr. JOHNSON. My friend from Wyo- under this section shall submit to the Sec- our domestic cattle, sheep, and swine ming raises an excellent question and retary of Housing and Urban Development farmers and ranchers that Senator I’m pleased to answer it. It is not our all of its receipts and bills of sales docu- ENZI joins me today in introducing leg- intention or the effect of this bill to menting the amounts of gasoline and diesel islation to stop this fundamentally disrupt the status quo, and our legisla- fuel purchased by such department during flawed proposal. tion would leave the current state of that calendar year. Each department shall This legislation enjoys significant or- trade intact. Our Code of Federal Regu- also provide a sum total of the— ganizational support from our live- lations allows for the importation of (A) aggregate number of gallons of gasoline stock sector, including the American and diesel fuel purchased by the department certain dried, cured or cooked product during that calendar year; and Sheep Industry Association, the South from countries with a known presence (B) costs of purchasing such gasoline and Dakota Cattlemen’s Association, R– of FMD. This bill will only prohibit diesel fuel. CALF, the South Dakota Stockgrowers product that poses a risk for disease (2) DETERMINATION OF SUBSIDY AMOUNTS.— Association, the U.S. Cattlemen’s As- transmission, including fresh, chilled The Secretary of Housing and Urban Devel- sociation, the National Farmers Union, or frozen, product or live animals. opment shall reimburse a qualified volunteer the Western Organization of Resource Mr. ENZI. Another point of clarifica- fire department for 75 percent of the dif- Councils, and Dakota Rural Action. As tion would be why it is necessary to ference between— a highly credible scientific and veteri- (A) the actual expenditures of the depart- specify that no product or live animals ment for gasoline and diesel fuel for a cal- nary entity, a poll was take within the should be imported until Argentina is endar year as determined under paragraph National Assembly of State Animal free of FMD without vaccination. Can (1); and Health Officials, NASAHO, and an the Senator from South Dakota also (B) the amount that such expenditures overwhelming majority of respondents discuss the intention of that pre- would have cost had the department deter- are opposed to regionalization of Ar- requisite? mined such expenditures utilizing the base- gentina for FMB. Our South Dakota Mr. JOHNSON. The Johnson-Enzi bill line fuels costs determined under subsection State Veterinarian and the President mandates that Argentina’s FMD-free (a). of NASAHO, Dr, Sam Holland, has been status must be achieved without vac- (3) SPECIAL RULE RELATING TO STATES SALES invaluable during this process and I cination. This is the acceptable stand- TAX.—If the State in which a qualified volunteer fire department is located does not thank him for his guidance and exten- ard for trade and also ensures that the charge local or State fuel taxes on such de- sive expertise on this issue. The major- disease is truly eradicated from the partments when such departments purchase ity of veterinarians within NASAHO herd, and not suppressed or hidden. gasoline or diesel fuel, the amount of such oppose regionalizing for FMD for a va- While this one region in Argentina is omitted sales tax shall be added back in to riety of reasons, and Dr. Holland re- thought to be FMD free, this one re- any determination made under paragraph layed the following causes of concern gion within Argentina and Argentina (2)(A). from State veterinarians for USDA’s as a whole is surrounded by the pres- (c) REGULATIONS.—Not later than 60 days after the date of enactment of this Act, the proposed rule: Economic benefits do ence of FMD, while the United States Secretary of Housing and Urban Develop- not justify the tremendous risk. Inabil- has been free of FMD since 1929 and is ment shall promulgate such regulations as ity to effectively monitor risk. Re- free of FMD without vaccination. Addi- may be necessary to implement and admin- sources, biosecurity, and experience in tionally, the United States shares bor- ister the grant and subsidy programs author- monitoring freedom are inadequate. ders with our FMD-free neighbors, who ized by this section. Regionalization for one of the world’s are certified as free without vaccina- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. most highly contagious virus disease, tion. There are authorized to be appropriated As discussed by NASAHO, Argentina such sums as are necessary to carry out this FMD, is much more complicated than Act. regionalization for tuberculosis, bru- has, quite simply, failed to remain free cellosis and many other diseases. FMD of FMD for any length of time, which is By Mr. JOHNSON (for himself, virus is not only arguably the most a basic component to proving the con- Mr. ENZI, Mr. TESTER, Mr. contagious virus known for animals, tinuity and adequacy of Argentina’s in- BARRASSO, Mrs. MCCASKILL, Mr. but also is particularly resilient in the frastructure. As recently as 2001, Ar- DOMENICI, Mr. DORGAN, Mr. AL- environment and may persist in gentina experienced an FMD outbreak LARD, Mr. SALAZAR, and Mr. fomites and be transmitted by such that it failed to report for months. NELSON of Nebraska): through aerosol or contact. Argentina This raises serious questions about Ar- S. 3238. A bill to prohibit the impor- has not experienced an extended time- gentina’s approach to communication tation of ruminants and swine, and frame of several years of FMD freedom. about this disease in the future, and I fresh and frozen meat and products of This bill would prohibit the importa- don’t feel that these questions have ruminants and swine, from Argentina tion of ruminants and swine and fresh been adequately answered at this time. until the Secretary of Agriculture cer- or frozen ruminant and pork products I thank Senator ENZI and the organi- tifies to Congress that every region of from any region of Argentina until the zations who have dedicated their time Argentina is free of foot and mouth dis- United States Department of Agri- and support for this measure, and I will ease without vaccination; to the Com- culture can certify to Congress that continue to work with my colleague mittee on Agriculture, Nutrition, and Argentina is free of Foot and Mouth from Wyoming in the best interest of Forestry. Disease without vaccination. While re- our American farmers and ranchers.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6563 Mr. ENZI. I am pleased to support slaughtered in Argentina until the Secretary Senators Tim Johnson (D–SD) and Mike this bill with my colleague from South certifies to Congress that every region of Ar- Enzi (R–WY) along with Senators Jon Tester Dakota. My friend has done an excel- gentina is free of foot and mouth disease (D–MT), John Barrasso (R–WY), Claire lent job of explaining how this legisla- without vaccination. McCaskill (D–MO), Pete Domenici (R–NM), Byron Dorgan (D–ND), Ken Salazar (D–CO), tion is an important safeguard for our JULY 7, 2008. and Wayne Allard (R–CO) are co-sponsors of livestock producers, and I would like to Hon. TIM JOHNSON, the Foot and Mouth Disease Prevention Act add a few comments about the contin- Senate Committee on Banking, Housing and of 2008. USCA has worked diligently to main- ued need for vigilance when it comes to Urban Affairs, Washington, DC. tain import standards that will keep the U.S. animal health threats. A wide range of Hon. MIKE ENZI, cattle industry on the offensive rather than veterinary professionals and livestock Senate Committee on Banking, Housing and the defensive when it comes to controlling producers recognize the threat that Urban Affairs, Washington, DC. the introduction of foreign animal disease DEAR SENATORS JOHNSON AND ENZI: The into the U.S. Foot-and-Mouth Disease poses to the American Sheep Industry Association, (ASI) U.S. livestock industry. If the United ‘‘We will continue to work on moving this on behalf of the 70,000 farm and ranch fami- bill forward by adding co-sponsors and gar- States is to continue producing and lies producing lamb and wool in the United nering support both on Capitol Hill and in selling the highest quality meat prod- States, strongly supports your legislation re- the country. USCA is firmly resolved to en- ucts in the world, our country must be garding sheep and meat imports from Argen- suring the U.S. cattle industry is protected free of the most dangerous ailments tina. by the highest import standards possible, that affect the livestock which enter This legislation is absolutely critical to and to seeing that the ‘Keep America FMD- the future of a healthy sheep industry in Free’ bill becomes law,’’ said Wooster. the market. America. The economic threat Foot-and-Mouth In fact, the proposal to regionalize trade in Disease poses to our country cannot be live sheep and sheep meat drove industry NATIONAL FARMERS UNION, underestimated. Disease outbreaks concerns and questions about the trade and Washington, DC, July 10, 2008. threaten the livelihood of our nation’s disease risks to point that this is a top issue Hon. TIM JOHNSON, of the state and national associations of the U.S. Senate, ranchers and undermine foreign mar- Washington, DC. kets for our meat products. One can sheep industry. We commit our support for approval of this DEAR SENATOR JOHNSON: On behalf of the only look to the economic damage legislation and commend your leadership in family farmers, ranchers and rural residents Foot-and-Mouth Disease caused to addressing appropriate livestock and meat of National Farmers Union (NFU), I write in Britain in 2001 to gauge how significant trade standards on behalf of the nation’s strong support of your legislation to prohibit this threat is to the United States. The livestock industry. the importation of Argentine ruminants, highly contagious nature of this dis- Sincerely, swine, fresh and frozen meat, and products ease and the growing international BURDELL JOHNSON, from ruminants and swine until the U.S. De- trade of livestock equate the regional- ASI President. partment of Agriculture (USDA) Secretary certifies the country Foot and Mouth Dis- ization of Foot-and-Mouth Disease in UNITED STATES CATTLEMEN’S ASSOCIATION ease (FMD) free. I applaud your leadership to Argentina to mixing fire with gasoline. P.O. BOX 339—SAN LUCAS, CA 93954 ensure all measures are employed to protect I am glad that my colleague mentioned USCA (July 10, 2008)—The U.S. Cattlemen’s the American livestock industry and con- how Foot-and-Mouth Disease is unique Association (USCA) today hailed the intro- sumer confidence in our meat supply. and that regionalization would not duction of legislation in the U.S. Senate that The ban proposed in your legislation is work with this disease as it has with would block meat shipments from Argentina necessary in order to prevent jeopardizing other animal ailments. until that country is free of Foot and Mouth our own efforts to eradicate livestock dis- Our cattle, sheep, and swine already Disease (FMD), an airborne livestock disease eases, and thereby protecting the food sup- that is devastating to livestock production. ply. Your legislation enhances food safety face a number of animal health chal- Senator Tim Johnson (D-SD) and Senator lenges and now is not the time to open through requiring every region of Argentina Mike Enzi (R–WY) introduced the Foot and to be FMD-free without vaccination before up our country to new diseases. Requir- Mouth Disease Prevention Act of 2008, which exporting ruminants, swine and meat prod- ing Argentina to be FMD free without would add common sense to a proposal by ucts to the United States. using vaccination is not asking too the U.S. Department of Agriculture (USDA) FMD is a highly infectious virus that, if in- much. This is the same condition the that would allow importation of Argentine troduced into the United States, could con- United States and our neighbors al- fresh and prepackaged beef, lamb and other taminate entire herds and leave producers in ready operate under in the trade of meat from select regions of Argentina, as financial ruin, as infected herds must be well as live animals. culled to prevent the spread of the disease. livestock. This bill, respected by a ‘‘Cattlemen from across the country appre- FMD is so devastating the American Veteri- large number of state veterinary offi- ciate Senator Johnson and Senator Enzi nary Medical Association considers it to be cials, recognizes this threat and en- along with the other co-sponsors of this im- the most economically destructive of all portant legislation,’’ said Jon Wooster, a sures that the proper safeguards re- livestock diseases. The United States suf- California rancher and USCA president. main in place to prevent Foot-and- fered nine outbreaks of FMD in the early ‘‘We’re calling it the ‘Keep America FMD- Mouth Disease from reaching our twentieth century, but has been FMD-free Free bill’.’’ shores. since 1929. According to USDA’s Animal and Wooster explained that an outbreak of Plant Health Inspection Service, the eco- Mr. President, I ask unanimous con- FMD within the U.S. cattle industry would nomic impacts of a re-occurrence of FMD in sent that the text of the bill and let- bring livestock commerce to a standstill the United States could cost the economy ters of support be printed in the overnight and would likely result in the de- billions of dollars in the first year alone. RECORD. population of millions of cattle, hogs, lambs, There being no objection, the mate- goats and wildlife. America’s family farmers and ranchers rial was ordered to be placed in the The American Veterinary Medical Associa- produce the safest, most abundant food sup- tion has deemed FMD the most economically ply in the world. FMD presents a very real RECORD, as follows: devastating of all livestock disease. A recent threat to American agriculture and its intro- S. 3238 study by Kansas State University found that duction into the United States can and must Be it enacted by the Senate and House of Rep- an outbreak of FMD would cost the State of be prevented. Requiring a country like Ar- resentatives of the United States of America in Kansas alone nearly $1 billion. gentina, with such an apparent problem with Congress assembled, ‘‘Despite the risks, the Department of Ag- this devastating disease, to prove FMD-free SECTION 1. SHORT TITLE. riculture continues to consider the imple- status is an acceptable standard to trade. This Act may be cited as the ‘‘Foot and mentation of a regionalized beef trade plan Opening our borders to Argentine ruminant Mouth Disease Prevention Act of 2008’’. with Argentina,’’ noted Wooster. ‘‘FMD is an products is a risk that American producers airborne disease that will not stop at an simply cannot afford. Your legislation is SEC. 2. PROHIBITION ON IMPORTATION OF AR- needed to ensure harmful products are not GENTINE RUMINANTS AND SWINE imaginary border controlled by a foreign na- UNTIL ARGENTINA IS FREE OF FOOT tion. Argentina has proven time and time allowed into the United States and that Ar- AND MOUTH DISEASE WITHOUT VAC- again that it does not have America’s best gentina is not an exception to the rule. CINATION. interests at heart. This is a country that has I thank you for introducing this important The Secretary of Agriculture shall prohibit attacked U.S. agriculture in the World Trade legislation, and look forward to working the importation into the United States of Organization (WTO) and has intentionally with you to ensure its passage. any ruminant or swine, or any fresh (includ- turned its back on, and still refuses to pay, Sincerely, ing chilled or frozen) meat or product of any billions in U.S. loans despite U.S. court judg- TOM BUIS, ruminant or swine, that is born, raised, or ments mandating it do so.’’ . President, National Farmers Union.

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R-CALF UNITED STOCKGROWERS and Mouth Disease Prevention Act of 2008 to ing higher prices for food and other neces- OF AMERICA, require the U.S. Department of Agriculture sities which are becoming more difficult for Billings, MT, July 3, 2008. (USDA) to prevent the importation of live- my family and others. Hon. TIM JOHNSON, stock from Argentina until the USDA can From another parent: U.S. Senate, certify that Argentina is free of Foot and I have an adorable child I am trying to Washington, DC. Mouth Disease (FMD) without vaccination. raise on a budget that no longer reaches DEAR SENATOR JOHNSON, On behalf of the As you know, the possibility of the import- from paycheck to paycheck. I currently thousands of cattle-producing members of R- ing live animals and fresh meat with FMD work an hour away from where I live as the CALF USA located throughout the United would put our herds at risk and cause an eco- jobs are not available in [my] area. Between States, we greatly appreciate and strongly nomic hardship for our producers. The devas- the rising price of gas, electric/heat and food, support your legislation to prohibit the im- tation that FMD can cause was seen first my husband and I can barely pay our mort- portation of certain animals and animal hand in England in 2001. SDFU fears that a gage. products from Argentina until every region similar situation would have severe eco- of Argentina is free of foot and mouth dis- nomic consequences not only for producers I have heard from many others who ease without vaccination. in our state but nationwide. Your legislation are struggling as they care for elderly Foot and mouth disease (FMD) is recog- is a proactive measure that will insure that parents. One lady has a mother in a nized internationally as one of the most con- this does not occur. As a result, until USDA nursing home, and she used to visit her tagious diseases of cloven-hoofed animals certifies that Argentina is free of FMD, the three times a week. However, with the and it bears the potential to cause severe importation of live stock and meat product nursing home 20 miles away and high economic losses to U.S. cattle producers. should not be allowed. We owe it to both pro- fuel prices, now she can only afford to Your legislation recognizes that the most ef- ducers and consumers to protect their live- visit her mother once a week. That, to fective prevention measure against this stock herd and provide a safe food product. highly contagious disease is to ensure that it SDFU fully supports your legislation to re- me, is a very poignant example—one of is not imported into the United States from quire USDA to certify Argentina free of so many examples—of the real human countries where FMD is known to exist or FMD. I look forward to working with you impact these gas prices have. was recently detected. and your colleagues for a quick passage of Even those who have managed their R-CALF USA stands ready to assist you in this important legislation to help protect money well and have saved are strug- building both industry and congressional American livestock producers and con- gling. One constituent commented that support for this important, disease-preven- sumers. he had planned to put extra money to- tion measure. Thank you for initiating this Sincerely, needed legislation to protect the U.S. cattle ward retirement and pay down debt. DOUG SOMBKE, With the high fuel prices, he does not industry from the unnecessary and poten- President. tially dangerous exposure to FMD from Ar- have any extra money and is worried gentinean imports. By Mr. FEINGOLD (for himself, that he will end up on government as- Sincerely, Mr. DODD, and Mr. MENENDEZ): sistance at the age of 57. R.M. THORNSBERRY, S. 3239. A bill to prohibit the Sec- There are more letters and more e- President, R-CALF USA Board of Directors. retary of the Interior from issuing new mails and more phone calls. The high Federal oil and gas leases to holders of cost of driving affects all kinds of peo- SOUTH DAKOTA ple and livelihoods. It affects kids CATTLEMEN’S ASSOCIATION, existing leases who do not diligently Pierre, SD, July 10, 2008. develop the land subject to the existing whose parents cannot drive them Senator TIM JOHNSON, leases or relinquish the leases, and for across town to a friend’s house or to Hart Senate Office Building, other purposes; to the Committee on soccer practice because they have to Washington, DC Energy and Natural Resources. conserve gas to get to work. It affects Senator MIKE ENZI, Mr. FEINGOLD. Mr. President, I young students and senior citizens who Russell Senate Office Building, would like to talk about the strong are on fixed incomes. Small businesses Washington, DC. are finding they need to increase prices DEAR SENATORS JOHNSON AND ENZI: I am concerns I am hearing back home writing on behalf of the 1,000 beef producer about gas and diesel prices and about a to cover increased transportation members of the South Dakota Cattlemen’s bill I am introducing today in response costs. Farmers are, of course, feeling Association (SDCA) to express support for to those concerns. the pinch in one way or another, the Foot and Mouth Disease Prevention Act We all know that over the past 12 whether it be fertilizer or fuel or trans- of 2008. SDCA supports free and fair trade months, the price of a gallon of gas has portation or feed for livestock and based on OIE standards that will protect the risen over a dollar, from around $3 last dairy farmers. health of our cattle herd and the economic year to over $4 today. Diesel has in- All over the country, people have re- livelihood of our cattlemen. sorted to alternative forms of transpor- Our top trade priority is to regain market creased from $2.91 a year ago to $4.72 access for U.S. beef in order to recapture the per gallon today. tation in an effort to escape these lost value of exports that occurred after the At the listening sessions I hold in costs. There is a range of positive pro- occurrence of BSE in 2003. To that end, we’ve every county of my State each year, posals to improve systems in Wisconsin worked closely with elected and regulatory Wisconsinites are, of course, talking from the Kenosha-Racine-Milwaukee officials to ensure adequate measures are about how those soaring oil prices are commuter rail, extending Amtrak to taken to protect our herd health and main- hurting their pocketbooks. And it is Madison, or just adding buses or tain consumer confidence in U.S. beef. routes. While I strongly support long- In light of numerous unanswered questions not just at the pump. They are feeling regarding the status of Foot and Mouth Dis- the pain also at the grocery store, on term plans to invest in mass transit, I ease in Argentina, we believe passage of the the farm, and at the ticket counter. also recognize that at least for the Foot and Mouth Disease Prevention Act is Those high fuel prices are having a rip- time being in many parts of Wisconsin critical to ensure this devastating disease pling effect throughout our entire and in this country, it is unrealistic for doesn’t enter the U.S. cattle herd through economy. Wisconsinites, like Ameri- many to rely on mass transportation. the importation of Argentine cattle and beef Commuting to work, be it across a products. We commend your willingness to cans all around the country, are feeling squeezed. With no relief in sight, the large city or between two towns, is a stand up for South Dakota’s beef producers gas- and dollar-guzzling task that and look forward to working with you on anxiety and tension keep building. this important issue. Americans are emotionally, physically, many people cannot avoid or, increas- Regards, and financially drained. My colleague ingly, afford. For the large number of Americans JODIE HICKMAN, from Minnesota, Senator KLOBUCHAR, Executive Director. had it right when she stated that living in predominantly rural areas, Americans are running on empty. this is especially challenging due to SOUTH DAKOTA FARMERS UNION, the typically longer trips and fewer Huron, South Dakota, July 9, 2008. Here is what I am hearing from Wis- consinites. One constituent told me: transportation options. So Wisconsin- Hon. TIM JOHNSON, ites want to know: When is the Federal I have done everything I can to use as lit- U.S. Senate, Government going to provide some re- Washington, DC. tle gas as possible, even before prices got so DEAR SENATOR JOHNSON: On behalf of the high. My two-parent family (with two chil- lief? family farmers and ranchers of the South dren) has only one car. I ride my bicycle or With my support, Congress has made Dakota Farmers Union (SDFU), I write to walk to work and use the car as little as pos- some progress. Last December we en- express support of your legislation The Foot sible. However, the rising cost of fuel is caus- acted energy legislation, H.R. 6, that

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6565 raises corporate average fuel economy leasing, Congress must properly en- right to the equal protection of the standards for vehicles while protecting courage their development, and oil law. Nowhere is the guarantee of equal American jobs. It also increases the re- companies should use the land they al- protection more important than in our quirement for alternative fuels from 8.5 ready have before coming to Congress, criminal justice system. In a criminal billion gallons in 2008 to 36 billion gal- hat in hand, asking for more land. justice system that imprisons a record lons in 2022. I also recently cosponsored This bill is similar to legislation in- 2.3 million, even the perception of bias an amendment to make the Federal troduced by Representative RAHALL on the basis of race, ethnicity, or any Government stop filling the Strategic which the House considered last other protected class is unacceptable Petroleum Reserve, which is 97 percent month. I will work to make sure the and should be guarded against at all full. Fortunately, Congress passed this Senate follows their lead. I am also co- costs. legislation, and the administration fi- sponsoring a bill introduced by my col- Unfortunately, studies, reports, and nally agreed to stop taking oil off the league who is on the Senate floor, my case law from the last several years market to store it underground. The good friend Senator DODD, that encour- have documented racial disparities bill, H.R. 6022, was signed into law in ages oil companies to utilize the land during many of the stages of the crimi- May. they have been granted by making nal justice system—law enforcement We also made some progress in pre- them pay fees on land under lease but contact with a suspect, arrest, charg- venting market manipulation. I co- not in production. ing, plea bargaining, jury selection, sponsored the Oil and Gas Traders There are a number of other steps and sentencing. Nowhere are the ef- Oversight Act, S. 577, which would help Congress should take, including ad- fects of these racial disparities more ensure that the previously unregulated dressing the role of excess speculation evident than in our prisons. By some trading commodities are subject to in the energy futures market and estimates, nearly three-quarters of greater Federal oversight by requiring clamping down on OPEC’s price fixing. prisoners in the United States are ei- the reporting of trades, and then a I am a cosponsor of S. 879, which would ther African-American or Hispanic. similar provision was included in the authorize the Justice Department and One of every three African-American final version of the farm bill which was the FTC to sue foreign countries under men born today can expect to go to prison in his lifetime. These numbers, recently enacted. U.S. antitrust law for limiting the sup- These are positive steps, but much ply or fixing the price of oil. Also, of and studies and reports that show simi- more needs to be done. So today I am course, we need to aggressively pursue lar disparities during other stages of introducing legislation that seeks to alternative fuels, efficiency, and re- the criminal justice process, engender answer a question more and more newable energy because the facts show a crisis of public trust in the integrity Americans are asking, which is: Why that even if we drilled every corner of of our criminal justice system and aren’t the oil companies developing 66 the country, and offshore too, that raise the possibility that we are failing million acres of land that they are al- wouldn’t solve our energy problems. to make good on the constitutional promise of equal protection. ready leasing from the U.S. Govern- In the long term, the Government’s Both the reality and the perception ment? Those same companies, and Energy Information Administration reports that opening more Outer Conti- of inappropriate disparate treatment of some of my colleagues, say we need to nental Shelf regions to drilling ‘‘would minorities in the justice system erode open more Federal lands to drilling. not have a significant impact on do- respect for the law and undermine pub- Well, I guess I would like to know then mestic crude and natural oil gas pro- lic safety. why the oil companies are not production or prices before 2030,’’ nor will Communities become increasingly reducing on most of the Federal lands it significantly affect prices after 2030, luctant to report crimes to and cooper- they already have under lease. the agency reports, ‘‘because oil prices ate with police and prosecutors. They At a recent Senate Judiciary Com- become reluctant to participate in ju- mittee hearing, I actually had the are determined on the international market.’’ In short, the facts are telling ries and, when they do participate, to chance to ask the top five oil execu- us that we simply cannot just drill our vote for conviction where the defend- tives in the country just that question, way out of this, and more drilling does ant is a minority. To fulfill the prom- and it was incredible. They couldn’t not necessarily mean lower prices at ise of the Constitution, and to effec- come up with any good explanation at the pump. tively fight crime and deliver impartial all. In fact, one of the executives told Unfortunately, a minority of Sen- justice, it is essential to identify and me they have the manpower and the in- ators have repeatedly blocked efforts address unjustified disparities in the frastructure to put all of their existing to expand renewables and address price criminal justice system. leases of Federal lands into oil produc- gouging and excess energy market The Justice Integrity Act establishes tion. speculation. I sincerely hope we can a pilot program within the Justice De- I find this troubling. No one is talk- get beyond this partisan bickering. My partment to identify and eliminate un- ing about pulling oil out of a hat, but constituents don’t want finger-pointing justified disparities in the administra- with 75 percent of currently leased Fed- or name calling; they want some relief, tion of justice. Ten U.S. Attorneys des- eral lands and waters not producing oil and they deserve it. They also deserve ignated by the Attorney General will and gas, Congress needs to insist on to know that we are pressing forward each appoint and chair an advisory some accountability on this point. This on plans that embrace a new energy fu- group, composed of Federal and State is why today I am introducing the Re- ture. prosecutors and defenders, private de- sponsible Federal Oil and Gas Lease Thirty years ago, our Nation was rat- fense counsel, Federal and State Act. This bill says if oil and gas compa- tled by our reliance on oil. If I am still judges, correctional officers, victims’ nies want to lease additional lands, here in 30 years, for the sake of my rights representatives, Civil Rights or- they must either be producing or dili- constituents, I hope we will have suc- ganizations, business representatives gently developing their existing Fed- ceeded at diversifying our energy uses and faith-based organizations engaged eral leases, or they have to give up and oil does not still have a strangle- in criminal justice work. those leases. This way, if a company hold over our citizens and the econ- The advisory group will systemati- makes the business decision to termi- omy. cally gather and examine data regard- nate or not pursue exploration, then ing the criminal process in its district the lease will be made available to By Mr. BIDEN (for himself, Mr. and seek to determine the causes of other companies who might actually SPECTER, Mr. CARDIN, and Mr. any racial or ethnic disparity. The ad- drill or figure out a way to get some oil KERRY): visory group will produce a report on out of this land. This is a responsible S. 3245. A bill to increase public con- its findings and recommend a plan to way to increase production and keep fidence in the justice system and ad- reduce any unwarranted racial and eth- the private sector accountable for pro- dress any unwarranted racial and ethnic disparities and thereby increase duction. nic disparities in the criminal process; public confidence in the criminal jus- So with over 100 billion barrels of oil to the Committee on the Judiciary. tice system. The U.S. Attorney will under Federal lands and waters that Mr. BIDEN. Mr. President, the Con- consider the advisory group’s rec- are being leased or are available for stitution guarantees all Americans the ommendations and adopt a plan and

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At the end of the pilot program, taken to reduce unwarranted disparities, if ties of the advisory group; and the Attorney General will produce a any, and increase confidence in the criminal (ii) may not, solely by reason of service on comprehensive report to Congress on justice system; and or for the advisory group, be prohibited from (D) to make recommendations, to the ex- practicing law before any court. the results of the pilot program in all tent possible, to ensure that law enforce- ten districts and recommend best-prac- (b) DEVELOPMENT AND IMPLEMENTATION OF ment priorities and initiatives, charging and A PLAN AND REPORT.— tices. plea bargaining decisions, sentencing rec- (1) ADVISORY GROUP REPORT.—The advisory The Justice Integrity Act has been ommendations, and other steps within the group appointed under subsection (a)(2) endorsed by the National Criminal Jus- criminal process are not influenced by racial shall— tice Association, The Sentencing and ethnic stereotyping or bias, and do not (A)(i) systematically collect and analyze Project, the American Bar Association, produce unwarranted disparities from other- quantitative data on the race and ethnicity wise neutral laws or policies. and a number of former United States of the defendant and victim at each stage of (3) CRITERIA FOR SELECTION.— Attorneys. I am proud to introduce prosecution, including case intake, bail re- (A) IN GENERAL.—The 10 pilot districts requests, declinations, selection of charges, di- this important bill with the support of ferred to in subsection (a) shall include dis- version from prosecution or incarceration, my colleagues and friends—Senators tricts of varying compositions with respect plea offers, sentencing recommendations, to size, case load, geography, and racial and ARLEN SPECTER, JOHN KERRY, and BEN fast-track sentencing, and use of alternative ethnic composition. CARDIN. We urge other members to join sanctions; and (B) METROPOLITAN AREAS.—At least 3 of the us. (ii) at a minimum, collect aggregate data United States attorneys designated by the Mr. President, I ask unanimous con- capable of individualization and tracking Attorney General shall be in Federal dis- through the system so that any cumulative sent that the text of the bill be printed tricts encompassing metropolitan areas. in the RECORD. racial or ethnic disadvantage can be ana- SEC. 4. PLAN AND REPORT. lyzed; There being no objection, the text of (a) IN GENERAL.— (B) seek to determine the causes of racial the bill was ordered to be placed in the (1) UNITED STATES ATTORNEY.—Each United and ethnic disparities in a district, and RECORD, as follows: States Attorney shall, in consultation with whether these disparities are substantially an advisory group appointed in accordance S. 3245 explained by sound law enforcement policies with paragraph (2), develop and implement a Be it enacted by the Senate and House of Rep- or if they are at least partially attributable plan in accordance with subsections (b) and resentatives of the United States of America in to discrimination, insensitivity, or uncon- (c). Congress assembled, scious bias; (2) ADVISORY GROUP.— SECTION 1. SHORT TITLE. (C) examine the extent to which racial and (A) APPOINTMENT.—Not later then 90 days This Act may be cited as the ‘‘Justice In- after designation by the Attorney General, ethnic disparities are attributable to— tegrity Act of 2008’’. the United States Attorney in each of the 10 (i) law enforcement priorities, prosecu- SEC. 2. FINDINGS. pilot districts selected pursuant to section 3 torial priorities, the substantive provisions Congress finds that— shall appoint an advisory group, after con- of legislation enacted by Congress; or (1) the pursuit of justice requires the fair sultation with the chief judge of the district (ii) the penalty schemes enacted by Con- application of the law; and criminal justice professionals within the gress or implemented by the United States (2) racial and ethnic disparities in the district. Sentencing Commission; criminal process have contributed to a grow- (B) MEMBERSHIP.—The advisory group of a (D) examine data including— ing perception of bias in the criminal justice United States Attorney shall include— (i) the racial and ethnic demographics of system; (i) 1 or more senior social scientists with the United States Attorney’s district; (3) there are a variety of possible causes of expertise in research methods or statistics; (ii) defendants charged in all categories of disparities in criminal justice statistics and offense by race and ethnicity, and, where ap- among racial and ethnic groups and these (ii) individuals and entities who play im- plicable, the race and ethnicity of any iden- causes may differ throughout the United portant roles in the criminal justice process tified victim; States, including factors such as— and have broad-based community represen- (iii) substantial assistance motions, wheth- (A) varying levels of criminal activity tation such as— er at sentencing or post-conviction, by race among racial and ethnic groups and legiti- (I) Federal and State prosecutors; and ethnicity; mate law enforcement response to that (II) Federal and State defenders, if applica- (iv) charging policies, including decisions criminal activity; and ble in the district, and private defense coun- as to who should be charged in Federal rath- (B) racial discrimination, ethnic and cul- sel; er than State court when either forum is tural insensitivity, or unconscious bias; (III) Federal and State judges; available, and whether these policies tend to (4) the Nation would benefit from an under- (IV) Federal and State law enforcement of- result in racial or ethnic disparities among standing of all factors causing a disparate ficials and union representatives; defendants charged in Federal court, includ- impact on the criminal justice system; and (V) parole and probation officers; ing whether relative disparities exist be- (5) programs that promote fairness will in- (VI) correctional officers; tween State and Federal defendants charged crease public confidence in the criminal jus- (VII) victim’s rights representatives; with similar offenses; tice system, increase public safety, and fur- (VIII) civil rights organizations; (v) the racial and ethnic composition of the ther the pursuit of justice. (IX) business and professional representa- Federal prosecutors in the district; and SEC. 3. PILOT PROGRAM. tives; and (vi) the extent to which training in the ex- (a) IN GENERAL.—Not later than 90 days (X) faith-based organizations who do crimi- ercise of discretion, including cultural com- after the date of enactment of this Act, the nal justice work. petency, is provided prosecutors; Attorney General shall establish a pilot pro- (C) TERM LIMIT.—Subject to subparagraph (E) consult with an educational or inde- gram in 10 United States districts in order to (D), a member of the advisory group shall pendent research group, if necessary, to con- promote fairness, and the perception of fair- not serve longer than 5 years. duct work under this subsection; and ness, in the Federal criminal justice system, (D) PERMANENT MEMBERS.—Notwith- (F) submit to the United States Attorney and to determine whether legislation is re- standing subparagraph (C), the following by the end of the second year after their ini- quired. shall be permanent members of the advisory tial appointment a report and proposed plan, (b) PROGRAM REQUIREMENTS.— group for that district: which shall be made available to the public (1) U.S. ATTORNEYS.—The Attorney General (i) The chief judge for the judicial district. and which shall include— shall designate, in accordance with para- (ii) The Federal defender for the judicial (i) factual findings and conclusions on ra- graph (3), 10 United States Attorneys who district. cial and ethnic disparities, if any, and the shall each implement a plan in accordance (iii) The United States Attorney for the ju- State of public confidence in the criminal with section 4, beginning not later than 1 dicial district. process; month after those United states Attorneys (E) REPORTER.—The United States Attor- (ii) recommended measures, rules, and pro- are designated by the Attorney General. ney may designate a reporter for each advi- grams for reducing unjustified disparities, if (2) PURPOSE.—The purposes of the plans re- sory group, who may be compensated in ac- any, and increasing public confidence; and quired by this section are— cordance with guidelines established by the (iii) an explanation of the manner in which (A) to gather racial and ethnic data on in- Executive Office of the United States Attor- the recommended plan complies with this vestigations and prosecutions in the United neys. paragraph. States districts and the causes of disparities, (F) INDEPENDENT CONTRACTORS.—The mem- (2) ADOPTION OF PLAN.—Not later than 60 if any; bers of an advisory group of a United States days after receiving and considering the ad- (B) to determine the extent to which the Attorney and any person designated as a re- visory group’s report and proposed plan communities’ perception of bias has affected porter for such group— under paragraph (1), the United States At- confidence in the Federal criminal justice (i) shall be considered independent con- torney appointed under section 3 shall adopt system; tractors of the United States Attorney’s Of- and implement a plan.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6567 (3) COPY OF REPORT.—The United States bate the pinch at the pump for volun- This is an organization with volunteers Attorney shall transmit a copy of the plan teers who selflessly provide so many serving over 3,100 elderly, disabled, and report adopted and implemented, in ac- vital goods and services in every com- frail and at-risk Marylanders. Its vol- cordance with this subsection, together with munity across America. I’m pleased unteers deserve relief from high gas the report and plan recommended by the advisory group, to the Attorney General. The that the senior Senator from Maine, prices just as much as people who use United States Attorney shall include with Senator SNOWE, and my colleague, the their car for work or for medical pur- the plan an explanation of any recommenda- senior Senator from Maryland, Senator poses or for moving. tion of the advisory group that is not in- MIKULSKI, are original cosponsors of Throughout the United States, Meals cluded in the plan. this bill and I thank them for their on Wheels served over 3 million people (4) CONGRESS.—The Attorney General shall support. and more than 250 million meals in fis- transmit to the United States Attorney’s in The Internal Revenue Code does not cal year 2006. This is just one of thou- every Federal district and to the Committees fix a rate for individuals who are re- sands of charitable organizations. We on the Judiciary of the Senate and the House quired to use their own vehicle for of Representatives copies of any plan and ac- need to encourage and support the companying report submitted by a pilot dis- work, or for individuals taking a mile- Meals on Wheels volunteers and all trict. age deduction for moving purposes. The other volunteers who need their cars to (c) PERIODIC UNITED STATES ATTORNEY AS- IRS is able to increase the deduction help their neighbors and communities. SESSMENT.—After adopting and imple- amount for these purposes to reflect The Fair Deal for Volunteers Act will menting a plan under subsection (b), each the current economic climate and dra- do just that, and I hope my colleagues United States attorney in a pilot district matically higher fuel prices. This is ex- will support it. shall annually evaluate the efficacy of the actly what the IRS recently did. Mr. President, I ask unanimous con- plan. In performing such assessment, the As of July, the IRS modified the United States attorney shall consult with sent that the text of the bill be printed the advisory group appointed in accordance standard mileage rates for computing in the RECORD. with subsection (a)(2). Each assessment shall the deductible costs of operating an There being no objection, the text of be submitted to the Executive Office for automobile for business, medical, or the bill was ordered to be printed in United States attorneys for review in accord- moving expenses. The revised standard the RECORD, as follows: ance with subsection (d). mileage rate for business purposes in- S. 3246 (d) INFORMATION ON THE PILOT PROGRAM.— creased from 50.5 cents per mile to 58.5 Be it enacted by the Senate and House of Rep- (1) REPORT AND MODEL PLAN.—Not later cents. For medical and moving ex- resentatives of the United States of America in than 5 years after the date of the enactment penses, the IRS increased the rate from of this Act, the Attorney General shall— Congress assembled, (A) prepare a comprehensive report on all 19 cents per mile to 27 cents per mile. SECTION 1. SHORT TITLE. plans received pursuant to this section; I think the Nation’s volunteers who This Act may be cited as the ‘‘Fair Deal (B) based on all the plans received pursu- travel on behalf of charitable organiza- for Volunteers Act of 2008’’. ant to this section the Attorney General tions deserve an increase in their mile- SEC. 2. DETERMINATION OF STANDARD MILEAGE shall also develop one or more model plans; age rate, too. RATE FOR CHARITABLE CONTRIBU- and My bill gives the IRS flexibility in TIONS DEDUCTION. (C) transmit copies of the report and model setting the rate so that volunteers for (a) IN GENERAL.—Subsection (i) of section plan or plans to the Committees on the Judi- 170 of the Internal Revenue Code of 1986 (re- charitable organizations could be given lating to standard mileage rate for use of ciary of the Senate and the House of Rep- the same tax benefit accruing for mov- resentatives. passenger automobile) is amended to read as (2) CONTINUED OVERSIGHT.—The Attorney ing, medical, and business expenses. In follows: General shall, on a continuing basis— today’s climate of increasing food and ‘‘(i) STANDARD MILEAGE RATE FOR USE OF (A) study ways to reduce unwarranted ra- fuel prices, this bill will help relieve PASSENGER AUTOMOBILE.—For purposes of cial and ethnic disparate impact in the Fed- some of the pressure on charitable or- computing the deduction under this section eral criminal system; and ganizations and their volunteers. for use of a passenger automobile, the stand- (B) make recommendations to all United Take Meals on Wheels, for example. ard mileage rate shall be the rate deter- States attorneys on ways to improve the sys- This organization delivers nutritious mined by the Secretary.’’. (b) EFFECTIVE DATE.—The amendment tem. meals and other nutrition services to SEC. 5. AUTHORIZATION OF APPROPRIATIONS. made by this section shall apply to miles men and women who are elderly, home- traveled after the date of the enactment of There are authorized to be appropriated bound, disabled, frail, or otherwise at- $3,000,000 for use, at the discretion of the At- this Act. torney General, by the United States Attor- risk. The services Meals on Wheels pro- neys’ advisory groups in the development vides significantly improve the recipi- By Mr. LIEBERMAN (for himself, and implementation of plans under this Act. ents’ quality of life and health, and Ms. COLLINS, and Ms. CANT- often help to postpone institutionaliza- WELL): By Mr. CARDIN (for himself, Ms. tion. S. 3248. A bill to amend the Com- SNOWE, and Ms. MIKULSKI): Over the past year, there has been modity Exchange Act to clarify treat- S. 3246. A bill to amend the Internal nearly a 20 percent increase in fuel and ment of purchases of certain com- Revenue Code of 1986 to allow the Sec- food prices, coupled with reduced gov- modity futures contracts and financial retary of the Treasury to set the stand- ernment funding and fewer donations instruments with respect to limits es- ard mileage rate for use of a passenger across the country. Nearly 60 percent tablished by the Commodity Futures automobile for purposes of the chari- of the estimated 5,000 programs that Trading Commission relating to exces- table contributions deduction; to the operate under the auspices of the Meals sive speculation, and for other pur- Committee on Finance. on Wheels Association of America have poses; to the Committee on Agri- Mr. CARDIN. Mr. President, I rise lost volunteers, in large part because it culture, Nutrition, and Forestry. today to introduce a bill, the Fair Deal is too expensive for the volunteers to Mr. LIEBERMAN. Mr. President, for Volunteers Act. In today’s eco- drive back and forth. Nearly half the today I am introducing legislation, the nomic climate, Americans need relief programs have eliminated routes or Commodity Speculation Reform Act of from sky-rocketing oil and gas prices. consolidated meal services. About 38 2008, with my colleague Senator COL- This applies to everyone, including percent of the programs have switched LINS, the ranking minority member of people who engage in much-needed vol- to delivering frozen meals, and about 30 our Homeland Security and Govern- unteer work. My bill will provide im- percent are cutting personal visits mental Affairs Committee. The legisla- mediate relief for volunteers serving from 5 days a week to one. tion is designed to wring out of the our elderly, poor, frail, and at-risk In Maryland, the Central Maryland commodity markets the excessive spec- Americans. It gives the Internal Rev- Meals on Wheels has experienced an in- ulation—and I stress the word ‘‘exces- enue Service authority to change the crease of 7 percent in food costs and sive’’—that we believe has helped lead mileage rate—currently set by statute suppliers are charging higher delivery to the sudden and soaring spikes in the at 14 cents per mile—for calculating fees. The cost to fill up the vans with prices Americans pay for food and en- the deductible cost of operating a vehi- gas has increased. Fuel costs averaged ergy. cle for charitable purposes. We can’t $72,538.70 in fiscal year 2007; this year, We are going to do this by returning let an out-of-date mileage rate exacer- the costs have jumped to $86,790.63. the commodity markets to what they

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6568 CONGRESSIONAL RECORD — SENATE July 10, 2008 were meant to be—a place where pro- unmanaged speculation. To this day, the same position limits regardless of ducers and consumers of specific com- the Commission has yet to recognize whether they invest in New York, Lon- modities can enter into futures con- that speculation affects commodity don, Dubai, or over-the-counter. tracts that help hedge the risks of prices. Is excessive speculation the sole price fluctuations common to their in- Instead, the Commission has dele- cause of rising prices? Of course not. dustries. gated much of its regulatory authority Global economic growth, particularly These commodity market traders— to the for-profit exchanges. Moreover, in emerging nations like China and farmers, airlines, refineries—actually in contradiction with Congress’s origi- India, has put tremendous upward pres- intend to produce or take delivery of nal legislative intent, the Commission sure on the prices of energy, food and specific commodities as part of doing views its mission as confined to a sin- raw materials. business. gle purpose—preventing market manip- But there is little doubt—even among On the other hand, financial specu- ulation. On the contrary, Congress most skeptics of our legislation—that lators, including pension funds, univer- fully intended the Commission to regu- excessive speculation has had an effect sity endowments, and other large insti- late market manipulation AND exces- on rising prices. Our bill will end that tutional investors, have poured billions sive speculation. and help create a more orderly market and billions of dollars into these mar- Our bill effectively closes the door to for the industries and producers who kets over the past 5 years betting on excessive speculation, but in a rational must deal in commodities as a matter rising prices—and let’s make it clear, and reasonable way by, in effect, per- of business. The father of modern capitalism, that these are bets—without ever in- fecting current law. First, it requires Adam Smith, overall wanted to limit tending to actually own a barrel of oil the CFTC to consider the overall effect the role of government in free markets. or a bushel of corn. They are looking of speculation when it sets the position In fact, in ‘‘The Wealth of Nations’’ for nothing more than paper profits. limits that restrict the amount that Smith said speculators served many In a series of hearings held by our any one investor can invest in a com- useful functions in a free market and Homeland Security and Governmental modity. This is a critical and necessary many of his observations are still true Affairs Committee, we heard testimony change—if the Commission does not ac- today. that this kind of excessive speculation knowledge and embrace its obligation But Smith knew there had to be lim- in the commodity markets may have to prevent excessive speculation, all of its, writing: ‘‘those exertions of the added as much as $40 to $60 to the cost our efforts will be in vain. natural liberty of a few individuals, of a barrel of oil. Second, it extends the existing rules which may endanger the security of Some say these figures are too high. that apply to the regulated exchanges the whole society, are, and ought to be, But I would say that even a single dol- to currently unregulated over-the- restrained by the laws of all govern- lar increase due to excessive specula- counter and foreign markets. Over the ments.’’ tion is a dollar too much because of the last 10 years, over-the-counter trading With this bill we seek that kind of re- inflationary effect it can have not only in commodities has exploded. The over- straint so that the few don’t gain exor- on the U.S. economy, but around the the-counter investment vehicles are bitant profits at the expense of the av- world. simply economic substitutes for fu- erage American reeling under spiraling Consider this: according to the Air tures contracts. There is no rational prices for food and fuel. Transport Association, every $1 in- reason that they should not be subject Mr. President, I ask unanimous con- crease in the price of a barrel of crude to the same laws and regulations that sent that the text of the bill and a oil adds $470 million a year in jet fuel apply to futures contracts. summary be printed in the RECORD. costs—almost half a billion dollars—to This change also eliminates the There being no objection, the mate- the U.S. airline industry. These costs ‘‘swaps loophole’’ that allows pension rial was ordered to be printed in the are passed on to consumers in the funds and other large investors to in- RECORD, as follows: forms of higher ticket prices and other vest in index funds that circumvent the S. 3248 surcharges that are now keeping poten- position limits. From 2003 to 2008, in- Be it enacted by the Senate and House of Rep- tial passengers on the ground and has vestment in commodity index funds resentatives of the United States of America in the industry reeling. has swelled from $13 billion to $260 bil- Congress assembled, These increases directly hit con- lion and has, in effect, chased up prices SECTION 1. SHORT TITLE. sumers in the global economy through and taken control of the commodity This Act may be cited as the ‘‘Commodity Speculation Reform Act of 2008’’. higher gas and food prices. Moreover, markets away from the industries and SEC. 2. AUTHORITY OF COMMODITY FUTURES the negative effects of commodity producers that must use them as a TRADING COMMISSION TO ISSUE NO price inflation ripple through the econ- means of doing business. ACTION LETTERS. omy as the high cost of energy and raw Other important provisions would di- Section 2(a)(1) of the Commodity Exchange materials weakens our manufacturing rect that the speculative position lim- Act (7 U.S.C. 2(a)(1)) is amended by adding at base, and the high cost associated with its must be set by the CFTC, not the the end the following: transporting goods impedes inter- futures exchanges, and repeal the ‘‘(G) AUTHORITY TO ISSUE NO ACTION LET- TERS TO FOREIGN BOARDS OF TRADE.— national trade. CFTC’s authority to substitute mean- ‘‘(i) IN GENERAL.—Except as provided in The profits made by the speculators ingless reporting requirements for ac- clause (ii), the Commission may not issue a do not produce one new barrel of oil, tual speculative position limits. no action letter to any foreign board of trade put one new acre of farmland into pro- In the course of our Committee hear- that lists a contract the price of which set- duction, put one new mine into oper- ings and in later deliberations we tles on the price of a contract traded on an ation, or add one new gallon of refinery looked at a number of legislative op- exchange regulated by the Commission. capacity. tions, including banning certain large ‘‘(ii) EXCEPTION.—The Commission may If speculators really want to invest investors, such as pension funds, from issue a no action letter to a foreign board of in commodities, they can buy stock in the commodity markets altogether. trade described in clause (i) if the foreign board of trade provides to the Commission an energy company or an agricultural But we feel the approach we’ve come information and data accessibility the scope firm. They can purchase the royalty up with in this bill is a reasonable, of which is comparable to the information rights to land. Any of these options commonsense approach that will help and data accessibility provided to the Com- would benefit from market trends re- bring order back to the commodity mission by entities under the jurisdiction of lated to commodity prices and would markets while preserving the liquidity the Commission.’’. also bring needed investment into it needs to function properly. SEC. 3. ADDITIONAL EMPLOYEES. means of production that would in- Some have suggested that Congres- Section 2(a)(7) of the Commodity Exchange crease supplies and eventually con- sional action will simply push inves- Act (7 U.S.C. 2(a)(7)) is amended by adding at the end the following: tribute to lower commodity prices. tors to foreign markets. Our bill actu- ‘‘(D) ADDITIONAL EMPLOYEES.——As soon as Unfortunately, the Commodity Fu- ally discourages flight from the major practicable after the date of enactment of tures Trading Commission has ignored exchanges because it puts all trading this subparagraph, the Commission shall ap- the urgent task of providing our front platforms under the same regulatory point at least 100 full-time employees (in ad- line defense against rampant and umbrella. Speculators are subject to dition to the employees employed by the

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6569 Commission as of the date of enactment of ‘‘(cc) is any combination or permutation consider positions attributable to a bona fide this subparagraph) to assist in carrying out of, or option on, any agreement, contract, or hedging transaction. section 4a(a)(2).’’. transaction described in item (aa) or (bb). ‘‘(iii) DETERMINATION OF POSITION LIMITS FOR OVER-THE-COUNTER COMMODITY DERIVA- SEC. 4. TREATMENT OF PURCHASES OF CERTAIN ‘‘(iii) OVER-THE-COUNTER COMMODITY DERIV- COMMODITY FUTURES CONTRACTS ATIVE DEALER.—The term ‘over-the-counter TIVE DEALERS.—To determine the position of AND FINANCIAL INSTRUMENTS. commodity derivative dealer’ means a per- an over-the-counter commodity derivative son that regularly offers to enter into, as- dealer, the sum of the positions held or con- (a) IN GENERAL.—Section 4a of the Com- trolled by the over-the-counter commodity modity Exchange Act (7 U.S.C. 6a) is amend- sume, offset, assign, or otherwise terminate derivative dealer shall be— ed— positions in over-the-counter commodity derivatives with customers in the ordinary ‘‘(I) calculated on the last day of each (1) by striking ‘‘SEC. 4a. (a) Excessive spec- month; and ulation’’ and inserting the following: course of a trade or business of the person. ‘‘(iv) QUALIFYING COMMODITY.—The term ‘‘(II) considered, for the monthly period ‘‘SEC. 4a. EXCESSIVE SPECULATION. ‘qualifying commodity’ means— covered by the determination, to be the aver- ‘‘(a) BURDEN ON INTERSTATE COMMERCE; ‘‘(I) an agricultural commodity; and age daily net position held or controlled by TRADING OR POSITION LIMITS.— ‘‘(II) an energy commodity. the over-the-counter commodity derivative ‘‘(1) IN GENERAL.—Excessive speculation ‘‘(B) REGULATIONS.— dealer for the period beginning on the first and’’; and ‘‘(i) IN GENERAL.—Not later than 90 days day of the month and ending on the last day (2) in subsection (a) (as amended by para- after the date of enactment of this para- of the month.’’. graph (1)), by adding at the end the fol- graph, in accordance with clauses (ii) and (b) REPORTS.— lowing: (iii), the Commission shall promulgate regu- (1) NECESSARY ADDITIONAL FUNDING.—Not ‘‘(2) TREATMENT OF PURCHASES OF CERTAIN lations to establish and enforce— later than 45 days after the date of enact- COMMODITY FUTURES CONTRACTS AND FINAN- ‘‘(I) speculative position limits for quali- ment of this Act, the Commodity Futures CIAL INSTRUMENTS.— fying commodities; Trading Commission (referred to in this sub- ‘‘(A) DEFINITIONS.—In this paragraph: ‘‘(II) a methodology— section as the ‘‘Commission’’) shall submit ‘‘(i) BONA FIDE HEDGING TRANSACTION.— ‘‘(aa) to enable persons to aggregate the to the Committee on Appropriations of the ‘‘(I) IN GENERAL.—The term ‘bona fide positions held or controlled by the persons House of Representatives and the Committee hedging transaction’ means a transaction on designated contract markets, on deriva- on Appropriations of the Senate a report pro- that— tives transaction execution facilities, and in viding the recommendations of the Commis- ‘‘(aa) represents a substitute for a trans- over-the-counter commodity derivatives; and sion for any additional funding that the action to be made or a position to be taken ‘‘(bb) to ensure, to the maximum extent Commission considers to be necessary to at a later time in a physical marketing chan- practicable, that the determinations made carry out the amendments made by sub- nel; by the Commission with respect to each per- section (a), including funding for additional ‘‘(bb) is economically appropriate for the son examined under subparagraph (C) accu- staffing and technological needs. reduction of risks in the conduct and man- rately reflect the net long and net short po- (2) SPECULATIVE ACTIVITY TRENDS.— agement of a commercial enterprise; and sitions held or controlled by the person in (A) STUDY.—The Commission shall conduct ‘‘(cc) arises from the potential change in the underlying qualifying commodity; and a study— the value of— ‘‘(III) information reporting rules to facili- (i) to identify trends in speculative activ- ‘‘(AA) assets that a person owns, produces, tate the monitoring and enforcement by the ity relating to metals; and manufactures, possesses, or merchandises (or Commission of the speculative position lim- (ii) to determine whether the authority of anticipates owning, producing, manufac- its established under subclause (I), including the Commission under section 4a(a)(2) of the turing, possessing, or merchandising); the monitoring of positions held in over-the- Commodity Exchange Act (7 U.S.C. 6a(a)(2)) ‘‘(BB) liabilities that a person incurs or an- counter commodity derivatives. (as added by subsection (a)(2)) should be ex- ticipates incurring; or ‘‘(ii) APPLICABILITY.— tended to cover the trading of metals. ‘‘(CC) services that a person provides or ‘‘(I) POSITION LIMITS.—The speculative po- (B) REPORT.—Not later than 180 days after purchases (or anticipates providing or pur- sition limits established under clause (i)(I) the date of enactment of this Act, the Com- chasing). shall apply to position limits that, with re- mission shall submit a report containing the ‘‘(II) EXCLUSION.—The term ‘bona fide spect to each applicable position limit, ex- results of the study conducted under sub- hedging transaction’ does not include a pire during— paragraph (A) to— transaction entered into on a designated ‘‘(aa) the spot month; (i) the Committee on Agriculture of the contract market for the purpose of offsetting ‘‘(bb) each separate futures trading month House of Representatives; a financial risk arising from an over-the- (other than the spot month); or (ii) the Committee on Agriculture, Nutri- counter commodity derivative. ‘‘(cc) the sum of each trading month (in- tion, and Forestry of the Senate; and ‘‘(ii) OVER-THE-COUNTER COMMODITY DERIVA- cluding the spot month). (iii) the Committee on Homeland Security TIVE.—The term ‘over-the-counter com- ‘‘(II) SUM OF POSITIONS.—The speculative and Governmental Affairs of the Senate. modity derivative’ means any agreement, position limits established under clause (i)(I) (3) AUTHORIZATION OF APPROPRIATIONS.— contract, or transaction that— shall apply to the sum of the positions held There are authorized to be appropriated such ‘‘(I)(aa) is traded or executed in the United by a person— sums as are necessary to carry out this sub- States; or ‘‘(aa) on designated contract markets; section. ‘‘(bb) is held by a person located in the ‘‘(bb) on derivatives transaction execution United States; facilities; and COMMODITY SPECULATION REFORM ACT OF 2008 ‘‘(II) is not traded on a designated contract ‘‘(cc) in over-the-counter commodity de- (Senators Joseph Lieberman and Susan Col- market or derivatives transaction execution rivatives. lins, Summary of Provisions, July 10, 2008) facility; and ‘‘(iii) MAXIMUM LEVEL OF POSITION LIMITS.— The legislation closes the ‘‘Swaps Loop- ‘‘(III)(aa) is a put, call, cap, floor, collar, or In establishing the speculative position lim- hole’’ and creates a seamless system of spec- similar option of any kind for the purchase its under clause (i)(I), the Commission shall ulative position limits that applies to all or sale of, or substantially based on the set the speculative position limits at the food and energy-related contracts held by fi- value of, 1 or more qualifying commodities minimum level practicable to ensure suffi- nancial speculators, including over-the- or an economic or financial index or measure cient market liquidity for the conduct of counter holdings and futures positions on of economic or financial risk primarily asso- bona fide hedging activities. foreign exchanges. ciated with 1 or more qualifying commod- ‘‘(C) PROHIBITION RELATING TO CERTAIN PO- In theory, position limits should curb ex- ities; SITIONS.— cessive speculation in food and energy mar- ‘‘(bb) provides on an executory basis for ‘‘(i) IN GENERAL.—Notwithstanding any kets by imposing caps on the amount of fu- the applicable transaction, on a fixed or con- other provision of this Act, no person may tures contracts that may be held by any one tingent basis, of 1 or more payments sub- hold or control a position, separately or in investor. However, the position limits no stantially based on the value of 1 or more combination, net long or net short, for the longer serve their original purpose. Large in- qualifying commodities or an economic or fi- purchase or sale of a commodity for future stitutional investors, such as pension funds, nancial index or measure of economic or fi- delivery or, on a futures-equivalent basis, can circumvent the position limits by invest- nancial risk primarily associated with 1 or any option, or an over-the-counter coming in over-the-counter markets. Through a more qualifying commodities, and that modity derivative that exceeds a speculative regulatory ‘‘swaps’’ loophole, financial insti- transfers between the parties to the trans- position limit established by the Commis- tutions that serve the over-the-counter mar- action, in whole or in part, the economic or sion under subparagraph (B)(i)(I). kets also circumvent the position limits. financial risk associated with a future ‘‘(ii) BONA FIDE HEDGING TRANSACTIONS.—In The bill will reduce excessive speculation change in any such value without also con- determining whether the sum of a position by closing the swaps loophole and elimi- veying a current or future direct or indirect held or controlled by a person has exceeded nating the exemptions that apply to inves- ownership interest in an asset or liability the applicable speculative position limit es- tors that are not taking physical delivery of that incorporates the financial risk that is tablished by the Commission under subpara- food and energy commodities. The bill ap- transferred; or graph (B)(i)(I), the Commission shall not plies the position limits if the position is not

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6570 CONGRESSIONAL RECORD — SENATE July 10, 2008 related to a bona fide hedging activity. The The legislation constitutes a historic ex- Our bill takes some very strong steps bill incorporates the CFTC’s definition of pansion of the CFTC’s mission. Significant toward countering excessive specula- bona fide hedging, but clarifies that it does new resources will be needed to carry out tion. not include hedging financial risks associ- these directives. As soon as practicable after First, it would remedy staffing short- ated with over-the-counter derivatives, such the date of enactment, the legislation re- as swaps and structured notes. quires the CFTC to hire 100 additional full- falls at the Commodity Futures Trad- In the evolving commodity marketplace, time employees and authorizes such sums as ing Commission by adding 100 staff to trading is increasingly occurring in unregu- are necessary to implement its new respon- improve its market oversight and en- lated over-the-counter markets or overseas. sibilities. No later than 45 days after enact- forcement capabilities. This is a vital By extending the position limits to holdings ment, the CFTC must report to the Congres- step. The CFTC tells us that more than regardless of where they are held, the posi- sional appropriations committees with an es- 3 billion futures and options contracts tion limits will no longer create an incentive timate of the additional funding necessary to fully administer the Act. were traded last year, up from 37 mil- to trade off-exchange or overseas. The bill lion in 1976. Yet the Commission is op- would require the CFTC to develop a meth- The legislation directs the CFTC to review odology that allows investors to aggregate trends in speculative activity related to met- erating with fewer employees than it their positions on the exchanges and in over- als, and report to Congress on whether the had 30 years ago. the-counter markets for purposes of regu- Commission’s new authority should extend Second, our bill closes the so-called latory enforcement of the position limits. to trading in metals. ‘‘swaps loophole,’’ which currently al- The legislation requires the CFTC to set Ms. COLLINS. Mr. President, high lows financial institutions to evade po- the individual position limits at amounts energy prices are having a devastating sition limits on commodity contracts necessary to prevent excessive speculation impact on our economy and our peo- that regulators use to prevent unwar- while still ensuring sufficient market liquid- ple—especially in large, rural States ranted price swings or attempts at ma- ity. like Maine. Truckdrivers, loggers, fish- The CFTC currently sets the speculative nipulation. position limits at amounts the Commission ermen, farmers, and countless others Third, our bill directs the CFTC to believes are necessary to prevent market are struggling with the high cost of oil establish position limits that will manipulation by individual market partici- and gasoline. In Maine, where 80 per- apply to an investor’s total interest in pants. In contradiction with the original in- cent of homes are heated with oil, a commodity, regardless of whether tent of the Congress, the CFTC does not set many families do not know how they they originate on a regulated ex- the position limits at amounts necessary to can afford to stay warm next winter. change, the over-the-counter market, control the harmful inflationary effects of The high cost of energy is also taking or on foreign boards of trade that deal excessive speculation. The bill clarifies that a toll on businesses, both large and the position limits should be set at amounts in U.S. commodities. small. Katahdin Paper recently an- Fourth, our bill instructs the CFTC no greater than necessary to ensure suffi- nounced plans to shut down its plant in cient market liquidity for the conduct of to permit no foreign boards of trade to bona fide hedging activities. Millinocket due to the cost of oil. If deal in U.S.-linked commodity con- The legislation directs that the speculative this occurs—and everyone is working tracts unless they agree to reporting position limits must be set by the CFTC, not to prevent it—the community would be and data- accessibility standards at the futures exchanges. devastated by the loss of more than 200 least equivalent to that required of The bill would repeal the CFTC’s authority good jobs. to delegate the responsibility for setting the U.S.-regulated exchanges. This is not a Many factors affect energy prices, in- matter of telling other countries what position limits to the exchanges. The major cluding the value of the dollar, global to do: foreign boards of trade request exchanges are no longer nonprofit entities, tensions, and demand in other coun- but rather for-profit businesses. The position ‘‘no-action’’ letters from the CFTC so tries, such as China and India. But Sen- limits should be set by a regulatory entity they can maintain trading terminals ator LIEBERMAN and I have heard per- that has a single mission—serving the public here while remaining regulated by suasive and troubling evidence in hear- interest. their own authorities. The CFTC has The legislation repeals the authority that ings of our Committee on Homeland recently taken positive steps to require permits the CFTC to substitute reporting re- Security and Governmental Affairs comparable reporting, and our bill quirements for actual speculative position that another factor is also at work—ex- codifies those improvements. limits. cessive speculation in futures markets These are powerful measures, but Currently, position limits apply to an infor energy commodities. vestor’s holdings in the spot month, any sin- At issue is the activity of non- they are also prudently designed. We gle month, and all months combined. With recognize that producers, handlers, and respect to energy futures contracts, the posi- commercial traders who do not produce or take delivery of oil or agricultural purchasers of commodities who use tion limits are replaced with a simple report- those markets to lock in prices, hedge ing requirement, or ‘‘position accountability products, unlike commercial traders level’’, in the all-months time period. The such as oil producers and heating oil risks, and see clues for price trends re- bill would extend actual speculative position dealers, farmers and cereal companies. quire some level of participation by limits to the all-months time period. Instead, these noncommercial inves- non- commercial, financial investors. The legislation requires foreign futures ex- tors use futures contracts and related Our bill does not prevent financial in- changes to provide the CFTC with daily trad- transactions solely for financial gain. vestors from participating in coming information comparable to the informa- Speculation in commodity markets modity markets. It simply places some tion provided by domestic exchanges. limits on their presence by directing Increasingly, foreign futures exchanges are by noncommercial investors has grown offering cash-settled futures contracts that enormously. In just the last 5 years, the CFTC to set position limits across are based on commodity prices set by con- the total value of their futures-con- trading venues at a level no higher tracts traded on U.S. exchanges. These tract and commodity index-fund in- than that needed to ensure that com- ‘‘look-alike’’ contracts arguably offer inves- vestments has soared from $13 billion mercial participants can always find tors a competitive alternative to contracts to $260 billion. counterparties for their contract needs. that are traded and physically settled These massive new holdings of oil-fu- These and other provisions of our through U.S. exchanges. The CFTC recently tures contracts by pension funds, uni- bill—which applies to agricultural as indicated it will require foreign exchanges versity endowments, and other institu- well as energy commodities—will pro- offering look-alike contracts to provide trad- vide a stronger regulator, improved ing information comparable to the informa- tional investors appear to be driving up tion provided by domestic exchanges. This prices beyond what they would other- flows of information, new and more provision codifies the new CFTC policy. The wise be. These investors’ intentions consistent protections against exces- provision lays the statutory framework nec- may be simply to provide good returns, sive speculation, and assurance to both essary for a seamless system of information a hedge against inflation, and diver- businesses and consumers that our reporting and improved transparency that sification, but many experts believe markets in basic commodities are will ensure the CFTC has the ability to mon- their activities are distorting com- transparent, competitive, and effec- itor and enforce the new speculative position modity markets. tively policed. limits. The Commodity Speculation Reform The legislation increases the resources I have worked with Senator available to the CFTC to carry out is its ex- LIEBERMAN to produce a comprehensive Act of 2008 represents a balanced and panded responsibilities under the Act, in- and bipartisan bill, the Commodity bipartisan approach. I urge my col- cluding additional funds for staffing and Speculation Reform Act of 2008, which leagues to join Senator LIEBERMAN and technology. we are introducing today. me in supporting it.

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6571 By Mr. WYDEN (for himself and Today I am proposing something far monly known as the ‘‘commerce clause’’) in Ms. SNOWE): more modest—if just as necessary— order to ensure that States and political sub- S. 3249. A bill to restrict any State or that we put a moratorium on new or divisions thereof do not discriminate against local jurisdiction from imposing a new increased taxes on our wireless tele- providers and consumers of mobile services discriminatory tax on mobile wireless by imposing new selective and excessive communications infrastructure and taxes and other burdens on such providers communications services, providers, or services for the next 5 years. and consumers. property; to the Committee on Fi- Along with my colleague Senator (2) In light of the history and pattern of nance. SNOWE, I am introducing the Mobile discriminatory taxation faced by providers Mr. WYDEN. Mr. President, 100 years Wireless Tax Fairness Act to keep mo- and consumers of mobile services, the prohi- ago the automobile revolutionized the bile wireless services and facilities free bitions against and remedies to correct dis- way Americans lived and did business. from new discriminatory taxes. criminatory State and local taxation in sec- Government responded by making a This bill would not impact a single tion 306 of the Railroad Revitalization and massive investment in infrastructure current tax that has been levied by a Regulatory Reform Act of 1976 (49 U.S.C. 11501) provide an appropriate analogy for to support this new technology. That State or locality. It will not remove a investment gave our industries a real congressional action, and similar Federal single dollar from their communal cof- legislative measures are warranted that will competitive advantage in the world fers. What it will do is guarantee our prohibit imposing new discriminatory taxes marketplace for much of the 20th cen- wireless network providers protection on providers and consumers of mobile serv- tury by making it cheaper and easier from even greater taxation at a time ices and that will assure an effective, uni- to move goods around the country. when we are asking them to implement form remedy. Today, information technology has the largest technology upgrade in his- SEC. 3. MORATORIUM. brought an equal, if not greater, revo- tory—an upgrade that will bring eco- (a) IN GENERAL.—No State or local jurisdic- lution to American business. But this nomically important, true broadband tion shall impose a new discriminatory tax time, rather than investing in infra- speeds to wireless customers for the on or with respect to mobile services, mobile structure and fostering growth, we service providers, or mobile service property, first time. during the 5-year period beginning on the have allowed the country’s IT infra- I will admit that there are lots of structure to be taxed at dangerous and date of the enactment of this Act. problems with the way Federal, State (b) DEFINITIONS.—In this Act: unhealthy levels that put American and local taxes are levied on tele- (1) MOBILE SERVICE.—The term ‘‘mobile business at a competitive disadvan- communications services. This legisla- service’’ means commercial mobile radio tage. tion addresses only one of those prob- service, as such term is defined in section The information revolution has lems, but it is a big one. 20.3 of title 47, Code of Federal Regulations, changed the way we learn, the way we Taxes on wireless services are some as in effect on the date of the enactment of work, the way we hold elections, and of the most regressive taxes in the Na- this Act, or any other service that is primarily intended for receipt on, transmission the way we communicate as a society, tion. Cell phones and other wireless de- among other things that keep our from, or use with a mobile telecommuni- vices have become essential to many country working. It has made vast edu- cations device, including the receipt of a dig- working Americans, for their jobs, for cational, health care and entrepre- ital good. their safety and for maintaining the (2) MOBILE SERVICE PROPERTY.—The term neurial opportunities accessible to our communications they need to stay in ‘‘mobile service property’’ means all prop- most remote communities. But tele- touch with families when both parents erty used by a mobile service provider in communication taxes in the U.S. have work and raise children. Piling in- connection with its business of providing been levied at a rate much higher than creased taxes on these families at a mobile services, whether real, personal, tan- other types of sales and business taxes. gible, or intangible and includes goodwill, li- Rather than investing in IT infra- time when budgets are being stretched censes, customer lists, and other similar in- structure, we have left it to the private by skyrocketing gas and food prices is tangible property associated with such busi- sector to build and maintain our tele- not only unreasonable, it is downright ness. communications networks. And while wrong. (3) MOBILE SERVICE PROVIDER.—The term this practice has sometimes served I am proud that my colleague Sen- ‘‘mobile service provider’’ means any entity that sells or provides mobile services, but Americans well, we are falling behind ator SNOWE joins me in introducing this important legislation. Senator only with respect to the portion of such enti- some major international competitors ty’s trade or business that sells or provides SNOWE has long been an advocate for in far too many areas. such services. the improvement and expansion of our I am not today calling for anything (4) NEW DISCRIMINATORY TAX.—The term as far-reaching as Federal investment IT infrastructure and today we have ‘‘new discriminatory tax’’ means any tax im- in IT infrastructure—today I am sim- taken another important step that will posed by a State or local jurisdiction that— ply asking that we stop yoking our help strengthen our country and our (A) is imposed on or with respect to, or is most innovative IT networks with in- economy today and in the future. This measured by the charges, receipts, or reve- creased taxes. proposal joins H.R. 5793 by Congress- nues from or value of— Wireless broadband holds the promise woman LOFGREN and Congressman (i) any mobile service and is not generally imposed, or is generally imposed at a lower CANNON in the House and I look for- of connecting even our most distant rate, on or with respect to, or measured by communities to the rest of the world. ward to working with them to see this the charges, receipts, or revenues from, In time, these connections will bring important legislation passed. other services or transactions involving tan- health care, educational, communica- Mr. President, I ask unanimous con- gible personal property; tions and commercial services to sent that the text of the bill be printed (ii) any mobile service provider and is not Americans who have been left out for in the RECORD. generally imposed, or is generally imposed far too long. This growth will not hap- There being no objection, the text of at a lower rate, on other persons that are en- pen if we keep burdening this impor- the bill was ordered to be printed in gaged in businesses other than the provision tant technology with what amounts to the RECORD, as follows: of mobile services; or (iii) any mobile service property and is not S. 3249 discriminatory taxation. generally imposed, or is generally imposed I have fought for many years to ex- Be it enacted by the Senate and House of Rep- at a lower rate, on or with respect to, or pand the development of the Internet resentatives of the United States of America in measured by the value of, other property and our telecommunications infra- Congress assembled, that is devoted to a commercial or industrial structure. Along with colleagues on SECTION 1. SHORT TITLE. use and subject to a property tax levy, ex- both sides of the aisle, I worked to suc- This Act may be cited as the ‘‘Mobile Wire- cept public utility property owned by a pub- cessfully protect our network providers less Tax Fairness Act of 2008’’. lic utility subject to rate of return regula- from content-related litigation. Four SEC. 2. FINDINGS. tion by a State or Federal regulatory au- times now, I have fought to protect the Congress finds the following: thority; and Internet from being hit with multiple (1) It is appropriate to exercise congres- (B) was not generally imposed and actually sional enforcement authority under section 5 enforced on mobile services, mobile service discriminatory taxes from thousands of of the 14th amendment to the Constitution providers, or mobile service property prior to State and local tax authorities—and of the United States and Congress’ plenary the date of the enactment of this Act. have worked to extend that protection power under article I, section 8, clause 3 of (5) STATE OR LOCAL JURISDICTION.—The indefinitely. the Constitution of the United States (com- term ‘‘State or local jurisdiction’’ means any

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6572 CONGRESSIONAL RECORD — SENATE July 10, 2008 of the several States, the District of Colum- shall be upon the party seeking relief and certain consumers continue to reap the bia, any territory or possession of the United shall be by a preponderance of the evidence benefits of wireless services. Congress States, a political subdivision of any State, on all issues of fact. took similar action with the Internet— territory, or possession, or any govern- (3) RELIEF.—In granting relief against a passing the Internet Tax Freedom Act mental entity or person acting on behalf of tax which is discriminatory or excessive such State, territory, possession, or subdivi- under this Act with respect to tax rate or Amendments Act of 2007 this past fall— sion and with the authority to assess, im- amount only, the court shall prevent, re- because of the incredible impact the pose, levy, or collect taxes or fees. strain, or terminate the imposition, levy, or Internet will continue to have on con- (6) TAX.— collection of not more than the discrimina- sumers and businesses alike. The fu- (A) IN GENERAL.—The term ‘‘tax’’ means tory or excessive portion of the tax as deter- ture of wireless is just as bright and any charge imposed by any governmental en- mined by the court. that is why we must ensure its contin- tity for the purpose of generating revenues Ms. SNOWE. Mr. President, I rise ued growth. That is why I sincerely for governmental purposes, and is not a fee today to join my colleague, Senator imposed on an individual entity or class of hope that my colleagues join Senator entities for a specific privilege, service, or WYDEN, in introducing legislation that WYDEN and me in supporting this crit- benefit conferred exclusively on such entity will stop the increasing financial bur- ical legislation. or class of entities. den being placed on wireless consumers (B) EXCLUSION.—The term ‘‘tax’’ does not by discriminatory taxes. On average, By Mr. DODD (for himself, Mr. include any fee or charge— the typical consumer pays 15.2 percent LEVIN, Mr. MENENDEZ, Mr. (i) used to preserve and advance Federal of his/her total wireless bill in Federal, REED, Mr. TESTER, Mrs. universal service or similar State programs State, and local taxes, fees and sur- MCCASKILL, Mr. AKAKA, Mr. authorized by section 254 of the Communica- charges—this is compared to the 7.07 CASEY, Mr. OBAMA, Mr. KERRY, tions Act of 1934 (47 U.S.C. 254); or (ii) specifically dedicated by a State or percent average tax rate for other Mrs. CLINTON, Mr. SANDERS, and local jurisdiction for the support of E–911 goods and services. Mr. WHITEHOUSE): communications systems. The Mobile Wireless Tax Fairness S. 3252. A bill to amend the Consumer (c) RULES OF CONSTRUCTION.— Act of 2008 would ensure that these tax Credit Protection Act, to ban abusive (1) DETERMINATION.—For purposes of sub- rates don’t increase further by prohib- credit practices, enhance consumer dis- section (b)(4), all taxes, tax rates, exemp- iting States and local governments closures, protect underage consumers, tions, deductions, credits, incentives, exclu- from imposing any new discriminatory and for other purposes; to the Com- sions, and other similar factors shall be tax on mobile services, mobile service mittee on Banking, Housing, and taken into account in determining whether a providers, or mobile service property tax is a new discriminatory tax. Urban Affairs. for a period of 5 years. The bill defines (2) APPLICATION OF PRINCIPLES.—Except as Mr. DODD. Mr. President, my friend otherwise provided in this Act, in deter- ‘‘new discriminatory tax’’ as a tax im- and colleague from Michigan is here, as mining whether a tax on mobile service prop- posed on mobile services, providers, or well, who has been deeply involved in erty is a new discriminatory tax for purposes property that is not generally imposed the issue of credit cards and the prob- of subsection (b)(4)(A)(iii), principles similar on other types of services or property, lems that are occurring. to those set forth in section 306 of the Rail- or that is generally imposed at a lower I rise with my colleague Senator road Revitalization and Regulatory Reform rate. LEVIN to introduce legislation that Act of 1976 (49 U.S.C. 11501) shall apply. The wireless era has changed the way (3) EXCLUSIONS.—Notwithstanding any would reform and prohibit credit card the world communicates. More and practices that harm rather than help other provision of this Act— more people are using the cell phone as (A) the term ‘‘generally imposed’’ as used American consumers and their fami- in subsection (b)(4) shall not apply to any their primary communication device as lies. The legislation is called the Credit well as for data and Internet services. tax imposed only on— Card Accountability, Responsibility The increased mobility and access (i) specific services; and Disclosure Act, or the Credit (ii) specific industries or business seg- wireless communications provide have CARD Act. It will, in my view, help ments; or improved our lives, our safety, and the bring an end to industry practices that (iii) specific types of property; and productivity of our work and busi- candidly cost American families bil- (B) the term ‘‘new discriminatory tax’’ nesses. To date, there are more than lions of dollars each and every year. shall not include a new tax or the modifica- 260 million wireless subscribers in the tion of an existing tax that— I cannot think of a better time to in- U.S., and total usage exceeded 1 tril- (i) replaces one or more taxes that had troduce this much needed legislation. lion minutes in June 2007 alone. been imposed on mobile services, mobile This Chamber will, in very short order service providers, or mobile service property; However, as more consumers embrace wireless technologies and applications, this evening, or as late as tomorrow, and pass legislation to address the most (ii) is designed so that, based on informa- more States and local governments are tion available at the time of the enactment embracing it as a revenue source and important issue confronting our Na- of such new tax or such modification, the applying these excessive and discrimi- tion’s economy and the financial sta- amount of tax revenues generated thereby natory taxes, which show up on con- bility of our citizens—the collapse of with respect to such mobile services, mobile sumers’ bills each month. In fact, the the subprime housing market and the service providers, or mobile service property effective rate of taxation on wireless credit crisis it has brought about. is reasonably expected not to exceed the Unfortunately, far too many Amer- amount of tax revenues that would have services has increased four times faster than the rate on other taxable goods ican families who are already being been generated by the respective replaced squeezed by the rising cost of food, oil, tax or taxes with respect to such mobile and services between January 2003 and services, mobile service providers, or mobile January 2007. and gas, now find themselves forced to service property. These excessive and discriminatory rely on short-term, high-interest credit SEC. 4. ENFORCEMENT. taxes discourage wireless’ adoption and card debt to finance life’s daily neces- (a) IN GENERAL.—Notwithstanding any pro- use, primarily with low-income indi- sities—including their mortgage pay- vision of section 1341 of title 28, United viduals and families that still view a ments—because of the ongoing credit States Code, or the constitution or laws of cellular phone as a luxury when many crisis and a weak economy. any State, the district courts of the United Americans consider it a necessity. By That growing reliance was high- States shall have jurisdiction, without re- lighted in a report released last week gard to amount in controversy or citizenship banning these taxes, we can equalize of the parties, to grant such mandatory or the taxation of the wireless industry by the Federal Reserve. The Fed’s prohibitive injunctive relief, interim equi- with that of other goods and services study reported that in May, revolving table relief, and declaratory judgments as and protect the wireless consumer from consumer debt, which is primarily may be necessary to prevent, restrain, or the weight of fees, surcharges, and gen- credit card debt, reached an all-time terminate any acts in violation of this Act, eral business taxes. We cannot allow record high of slightly over $961 billion. provided that: this essential and innovative industry That is a 7-percent increase in the last (1) JURISDICTION.—Such jurisdiction shall month alone, which is on top of a 7-per- not be exclusive of the jurisdiction which as well as the consumers who benefit any Federal or State court may have in the from its amazing services and applica- cent increase last year, and a 6-percent absence of this section. tions to suffer excessive tax rates. increase in 2006. At this rate, revolving (2) BURDEN OF PROOF.—The burden of proof Placing a moratorium on new dis- consumer debt in our country, which is in any proceeding brought under this Act criminatory wireless taxes will make again primarily credit card debt, will

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6573 reach $1 trillion by the Christmas sea- But the proposed rules fall far short in fees charged by card companies is con- son of this year. other important areas—failing to ad- tributing to the avalanche of debt When I assumed the gavel of the Sen- dress issues including universal de- under which American consumers in- ate Banking Committee last January, fault, ‘‘any time, any reason’’ repric- creasingly find themselves buried. Lis- one of the very first hearings I held ing, multiple over-limit fees, and youth ten to this number, because this is the was on the issue of credit card prac- marketing. one that is stunning. To give you an tices. At that hearing, I challenged These shortcomings underscore the idea of what has happened to the aver- card issuers, banks, and associations to need for the legislation Senator LEVIN age family in this country with credit stop engaging in practices that they and I will be talking about this card balances, today the average were not prepared to defend before the evening. household that carries a credit card committee. I want to make it very clear—and I balance owes close to $10,000 in revolv- It was my hope that the hearing and know my colleague feels the same ing debt on their credit cards. The av- that warning would encourage the way—that we are not opposed to credit erage family has a balance of $10,000 in credit card industry to go through a cards. They are very valuable, very revolving debt on their credit cards. period of intense self-examination. I useful tools for consumers. So this bill That is a millstone around the neck had hoped the industry would scruti- is not designed in any way to deprive of the average American and their fam- nize its practices and policies to ensure consumers of the use of credit cards. ilies—families that are already strug- that credit was extended in the fairest That is not the issue. When provided on gling to make ends meet and are under and most transparent of terms to cred- fair terms, and used wisely and respon- pressure from rising gas prices, food it card customers. To be fair, some in sibly, credit cards are a valuable finan- prices, skyrocketing health care costs, the industry heeded that call. I applaud cial tool for millions of our fellow citi- and a mortgage crisis that has robbed them and thank them for their efforts. zens. They can help an individual to many families of their home equity or, Over the past year, a few credit card build his or her credit history and to worse yet, their homes. companies have voluntarily made better pursue his or her financial goal. That is why we are introducing the changes to the way they do business, But like many credit products, credit Credit CARD Act. This bill will help re- and many Americans have benefitted cards pose the potential to harm con- form credit card practices that drag so from those improvements. sumers as well as help consumers. Card many American families further and Regrettably, however, far too few companies have been far too apt to ex- further into debt. It strengthens regu- embraced this call. Even more regret- ploit the needs of consumers who are lation and oversight of the credit card tably, some that have made voluntary increasingly becoming ‘‘hooked on industry and prohibits the unfair and changes are reconsidering those steps plastic.’’ That potential to harm con- deceptive practices that in far too in the face of mounting pressure to find sumers has grown in recent years as many instances work to harm, not new streams of revenue and capital, credit card usage has risen. Let me help, a consumer’s efforts to move up and to compete in a market where share some numbers with you to give the economic ladder. other industry participants are not en- you some idea of what has happened in Specifically, the CARD Act would gaging in these reforms, as their this explosion of credit card usage by prohibit the worst of the industry’s subprime mortgage market-related Americans. practices, including imposition of ex- losses continue to rise. The temptation Today, nearly 75 percent of American cessive fees; retroactive rate increases; to go back to older practices to in- households have a credit card or a universal default; ‘‘any time, any rea- crease revenue streams is there. Unfor- debit card, and 700 million credit cards son’’ changes to credit card agree- tunately, the use of confusing, mis- are used to purchase in excess of $2.4 ments; and unfair payment allocation. leading, and very predatory practices, trillion in goods and services from over The bill also, importantly, contains a in some cases, appears likely to remain 7 million locations in the United States number of provisions aimed at pro- the standard operating procedure for annually. In 1970, only about 16 percent tecting young consumers. many in the credit card industry for of U.S. households used credit cards, This legislation builds on legislation the foreseeable future if we fail to act. and fewer than a million businesses ac- I have introduced in previous Con- The list of these troubling practices is cepted them. gresses. It also incorporates several lengthy: Charging predatory rates and As Americans have become increas- key concepts included in the legisla- fees; engaging in deceptive marketing ingly reliant on credit cards, credit tive proposals put forth by some of my to young people; practices such as uni- card companies have become more and colleagues, notably my colleague from versal default; double-cycle billing; ret- more innovative in finding ways to ac- Michigan, Senator LEVIN, and Senators roactive interest rate increases; ‘‘any cess their customers. Over $17 billion in MENENDEZ, MCCASKILL, and OBAMA. time, any reason’’ repricing; and bil- credit card penalty fees have been Each is an important cosponsor of this lings shenanigans—like shortening the charged to the American people—new legislation, as are Senators REED of period consumers have to pay their fees—in the last 2 years, since 2006. Rhode Island, AKAKA, TESTER, CLINTON, bills, or charging fees for payment by That is a tenfold increase from what KERRY, SANDERS, WHITEHOUSE, and telephone—are just a few of the prac- was charged 10 years ago. That is $17 CASEY. tices that could merit induction into a billion in new penalties and fees since This bill also has the support of a fairly crowded industry ‘‘hall of 2006. Credit card companies are turning wide array of consumer advocates and shame.’’ to innovative ways to profit—including labor organizations, including the Con- Even the financial regulators, whom at the gasoline pump. They are laying sumer Federation of America, Con- I have been openly critical of for lack on fees to gas station owners for each sumers Union, National Consumer Law of appropriate oversight and response credit card transaction made at the Center, the National Council of La throughout the subprime mortgage pump. At the very time they are Raza, Service Employees International market crisis, have recognized the watching the price of gasoline sky- Union, the Center for Responsible harm these sinister practices pose not rocket, the credit card companies are Lending, U.S. PRIG, Consumer Action, only to credit card customers but to gouging the people struggling to meet Demos, Connecticut PRIG, and the Na- our economy as well. In May of this those fees. Again, card companies are tional Association of Consumer Advo- year, the Federal Reserve, the Office of laying on fees to gas station owners for cates. Thrift Supervision, and the National each credit card transaction made at As policymakers, we should expect Credit Union Administration proposed the pump—a charge that those owners consumers will act responsibly when it rules aimed at curbing some of the immediately pass on to customers, incomes to using credit cards, and that very practices I have identified. In my creasing the cost of gas for drivers. In should be an important point to make. view, this joint rulemaking is an im- some places, these fees can add an av- But we also expect no less when it portant step in providing needed con- erage of 3 percent for each gasoline comes to companies that issue these sumer protections in some areas, in- transaction. cards. They need to act responsibly, cluding a ban on retroactive interest The combination of the growing and they are not, in my view. The rates and rules on payment allocation. needs for revolving debt and hidden Credit CARD Act will help strike the

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6574 CONGRESSIONAL RECORD — SENATE July 10, 2008 correct balance of responsibility be- Sec. 303. Protection of young consumers ‘‘(l) OPT-OUT OF CREDITOR AUTHORIZATION tween credit card users and the card from prescreened credit offers. OF OVER-THE-LIMIT TRANSACTIONS IF FEES issuers. And by striking that balance, TITLE IV—FEDERAL AGENCY ARE IMPOSED.— it will help provide American con- COORDINATION ‘‘(1) IN GENERAL.—In the case of any credit card account under an open end consumer sumers with a fair chance to secure Sec. 401. Inclusion of all Federal banking agencies. credit plan under which an over-the-limit-fee economic security for them and their may be imposed by the creditor for any ex- families. TITLE V—MISCELLANEOUS PROVISIONS tension of credit in excess of the amount of I thank Senator LEVIN and others— Sec. 501. Study and report. credit authorized to be extended under such especially Senator LEVIN who already Sec. 502. Credit Card Safety Rating System account, the consumer may elect to prohibit held hearings on this issue. We have Commission. the creditor from completing any over-the- talked about this at length over the SEC. 2. REGULATORY AUTHORITY. limit transaction that will result in a fee or The Board of Governors of the Federal Re- years. We tried in other Congresses constitute a default under the credit agree- serve System (in this Act referred to as the ment, by notifying the creditor of such elec- with very modest proposals to deal ‘‘Board’’) may issue such rules and publish tion in accordance with paragraph (2). with some of these problems. We have such model forms as it considers necessary ‘‘(2) NOTIFICATION BY CONSUMER.—A con- always lost those battles. But I think to carry out this Act and the amendments sumer shall notify a creditor under para- the American consumers, regardless of made by this Act. graph (1)— their income, regardless of their social TITLE I—CONSUMER PROTECTION ‘‘(A) through the notification system or economic status, feel very angry SEC. 101. PRIOR NOTICE OF RATE INCREASES RE- maintained by the creditor under paragraph about what is happening to them. As a QUIRED. (4); or result, I think there is a growing op- Section 127 of the Truth in Lending Act (15 ‘‘(B) by submitting to the creditor a signed U.S.C. 1637) is amended by adding at the end notice of election, by mail or electronic com- portunity for us to get something done munication, on a form issued by the creditor on this issue. the following: ‘‘(i) ADVANCE NOTICE OF INCREASE IN INTER- for purposes of this subparagraph. So while our focus today has been on EST RATE REQUIRED.— ‘‘(3) EFFECTIVENESS OF ELECTION.—An elec- foreclosure issues, the credit card prob- ‘‘(1) IN GENERAL.—In the case of any credit tion by a consumer under paragraph (1) shall lem in this country that so many card account under an open end consumer be effective beginning 3 business days after Americans are facing is one that I credit plan, no increase in any annual per- the date on which the consumer notifies the think is ripe for congressional action. centage rate (other than an increase due to creditor in accordance with paragraph (2), Our hope and intention is to bring a the expiration of any introductory percent- and shall remain effective until the consumer revokes the election. bill to the floor of this Chamber before age rate, or due solely to a change in another ‘‘(4) NOTIFICATION SYSTEM.—Each creditor we adjourn for the year to give our col- rate of interest to which such rate is in- dexed)— that maintains credit card accounts under leagues a chance to express themselves ‘‘(A) may take effect before the beginning an open end consumer credit plan shall es- on this issue. of the billing cycle which begins not earlier tablish and maintain a notification system, Mr. President, I ask unanimous con- than 45 days after the date on which the obli- including a toll-free telephone number, sent that the text of the bill be printed gor receives notice of such increase; or Internet address, and Worldwide Web site, in the RECORD. ‘‘(B) may apply to any outstanding balance which permits any consumer whose credit There being no objection, the text of of credit under such plan, as of the effective card account is maintained by the creditor the bill was ordered to be placed in the date of the increase required under subpara- to notify the creditor of an election under this subsection, in accordance with para- RECORD, as follows: graph (A). ‘‘(2) NOTICE OF RIGHT TO CANCEL.—The no- graph (2). S. 3252 tice referred to in paragraph (1) shall be ‘‘(5) ANNUAL NOTICE TO CONSUMERS OF Be it enacted by the Senate and House of Rep- made in a clear and conspicuous manner, and AVAILABILITY OF ELECTION.—In the case of resentatives of the United States of America in shall contain a brief statement of the right any credit card account under an open end Congress assembled, of the obligor to cancel the account before consumer credit plan, the creditor shall in- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the effective date of the increase.’’. clude a notice, in clear and conspicuous lan- (a) SHORT TITLE.—This Act may be cited as SEC. 102. FREEZE ON INTEREST RATE TERMS guage, of the availability of an election by the ‘‘Credit Card Accountability Responsi- AND FEES ON CANCELED CARDS. the consumer under this paragraph as a bility and Disclosure Act of 2008’’ or the Section 127 of the Truth in Lending Act (15 means of avoiding over-the-limit fees and a ‘‘Credit CARD Act of 2008’’. U.S.C. 1637) is amended by adding at the end higher amount of indebtedness, and the (b) TABLE OF CONTENTS.—The table of con- the following: method for providing such election— tents for this Act is as follows: ‘‘(j) FREEZE ON INTEREST RATE TERMS AND ‘‘(A) in the periodic statement required Sec. 1. Short title; table of contents. FEES ON CANCELED CARDS.— under subsection (b) with respect to such ac- Sec. 2. Regulatory authority. ‘‘(1) IN GENERAL.—If an obligor under an count at least once each calendar year; and ‘‘(B) in any such periodic statement which TITLE I—CONSUMER PROTECTION open end consumer credit plan closes or can- cels a credit card account, the repayment of includes a notice of the imposition of an Sec. 101. Prior notice of rate increases re- the outstanding balance after the cancella- over-the-limit fee during the period covered quired. tion shall be subject to all terms and condi- by the statement. Sec. 102. Freeze on interest rate terms and tions in effect for the obligor immediately ‘‘(6) NO FEES IF CONSUMER HAS MADE AN fees on canceled cards. before the card was closed or cancelled, in- ELECTION.—If a consumer has made an elec- Sec. 103. Limits on fees and interest charges. tion under paragraph (1), no over-the-limit Sec. 104. Consumer right to reject card be- cluding the annual percentage rate and the minimum payment terms in effect imme- fee may be imposed on the account for any fore notice is provided of open reason that has caused the outstanding bal- account. diately prior to such closure or cancellation. ‘‘(2) RULE OF CONSTRUCTION.—Closure or ance in the account to exceed the credit Sec. 105. Use of terms clarified. limit. Sec. 106. Application of card payments. cancellation of an account by the obligor Sec. 107. Length of billing period. shall not constitute a default under an exist- ‘‘(m) OVER-THE-LIMIT FEE RESTRICTIONS.— Sec. 108. Prohibition on universal default ing cardholder agreement, and shall not trig- With respect to a credit card account under and unilateral changes to card- ger an obligation to immediately repay the an open end consumer credit plan, an over- holder agreements. obligation in full.’’. the-limit fee, as described in subsection Sec. 109. Enhanced penalties. SEC. 103. LIMITS ON FEES AND INTEREST (c)(1)(B)(iii)— Sec. 110. Enhanced oversight. CHARGES. ‘‘(1) may be imposed on the account only Sec. 111. Clerical amendments. Section 127 of the Truth in Lending Act (15 when an extension of credit obtained by the TITLE II—ENHANCED CONSUMER U.S.C. 1637) is amended by adding at the end obligor causes the credit limit on such ac- DISCLOSURES the following: count to be exceeded, and may not be im- ‘‘(k) PROHIBITION ON PENALTIES FOR ON- posed when such credit limit is exceeded due Sec. 201. Payoff timing disclosures. TIME PAYMENTS.—If an open end consumer to a fee or interest charge; and Sec. 202. Requirements relating to late pay- credit plan provides a time period within ‘‘(2) may be imposed only once during a ment deadlines and penalties. which an obligor may repay any portion of billing cycle if, on the last day of such bill- Sec. 203. Renewal disclosures. the credit extended without incurring an in- ing cycle, the credit limit on the account is TITLE III—PROTECTION OF YOUNG terest charge, and the obligor repays all or a exceeded, and may not be imposed in a subse- CONSUMERS portion of such credit within the specified quent billing cycle with respect to such ex- Sec. 301. Extensions of credit to underage time period, the creditor may not impose or cess credit, unless the obligor has obtained consumers. collect an interest charge on the portion of an additional extension of credit in excess of Sec. 302. Restrictions on certain affinity the credit that was repaid within the speci- such credit limit during such subsequent cards. fied time period. cycle.

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‘‘(n) NO INTEREST CHARGES ON FEES.—With ‘‘§ 164. Prompt and fair crediting of payments cerning the consumer, information in any respect to a credit card account under an ‘‘(a) IN GENERAL.—Payments’’; consumer report, or changes in the credit open end consumer credit plan, if the cred- (2) by inserting ‘‘, by 5:00 p.m. on the date score of the consumer; and itor imposes a transaction fee on the obligor, on which such payment is due,’’ after ‘‘in ‘‘(B) an increase described in this para- including a cash advance fee, late fee, over- readily identifiable form’’; graph shall terminate not later than 6 the-limit fee, or balance transfer fee, the (3) by striking ‘‘manner, location, and months after the date on which it is im- creditor may not impose or collect interest time’’ and inserting ‘‘manner, and location’’; posed, if the consumer commits no further with respect to such fee amount. and violations; or ‘‘(o) LIMITS ON CERTAIN FEES.— (4) by adding at the end the following: ‘‘(4) a change that takes effect upon re- ‘‘(1) NO FEE TO PAY A BILLING STATEMENT.— ‘‘(b) APPLICATION OF PAYMENTS.—Upon renewal of the card in accordance with section With respect to a credit card account under ceipt of a payment from a cardholder, the 172. an open end consumer credit plan, the cred- card issuer shall— ‘‘(c) MAP TO LOWER RATE.— itor may not impose a separate fee to allow ‘‘(1) apply the payment first to the card ‘‘(1) IN GENERAL.—A card issuer that in- the obligor to repay an extension of credit or balance bearing the highest rate of interest, creases an annual percentage rate, fee, or fi- finance charge, whether such repayment is and then to each successive balance bearing nance charge pursuant to subsection (b)(3) made by mail, electronic transfer, telephone the next highest rate of interest, until the shall include, together with the notice of authorization, or other means. payment is exhausted; and such increase under section 127(i), a state- ‘‘(2) REASONABLE FEES FOR VIOLATIONS.— ‘‘(2) after complying with paragraph (1), ment, provided in a clear and conspicuous The amount of any fee or charge that a card apply the payment in a way that minimizes manner— issuer may impose in connection with any the amount of any finance charge to the ac- ‘‘(A) of the discrete, specific action or omission with respect to, or violation of, the count. omission of the consumer on which the in- cardholder agreement, including any late ‘‘(c) CHANGES BY CARD ISSUER.—If a card crease was based; and payment fee, over the limit fee, increase in issuer makes a material change in the mail- ‘‘(B) that the increase will terminate in 6 the applicable annual percentage rate, or ing address, office, or procedures for han- months if the consumer does not commit fur- any similar fee or charge, shall be reason- dling cardholder payments, and such change ther violations. ably related to the cost to the card issuer of causes a material delay in the crediting of a ‘‘(2) BOARD AUTHORITY.—The Board may, by such omission or violation. cardholder payment made during the 60-day rule, provide for exceptions to the require- ‘‘(3) REASONABLE CURRENCY EXCHANGE period following the date on which such ments of subsection (b)(3)(B), if the Board de- FEE.—With respect to a credit card account change took effect, the card issuer may not termines that there are other appropriate under an open end consumer credit plan, the impose any late fee or finance charge for a factors that creditors may consider in deter- creditor may impose a fee for exchanging late payment on the credit card account to mining the appropriate annual percentage United States currency with foreign cur- which such payment was credited. rate for particular consumers. rency in an account transaction, only if— ‘‘(d) PRESUMPTION OF TIMELY PAYMENT.— ‘‘SEC. 172. UNILATERAL CHANGES IN CREDIT ‘‘(A) such fee reasonably reflects the costs Any evidence provided by a consumer in the CARD AGREEMENT PROHIBITED. incurred by the creditor to perform such cur- form of a receipt from the United States ‘‘A card issuer may not amend or change rency exchange; Postal Service or other common carrier indi- the terms of a credit card contract or agree- ‘‘(B) the creditor discloses publicly its cating that a payment on a credit card ac- ment under an open end consumer credit method for calculating such fee; and count was sent to the card issuer not less plan, until after the date on which the credit ‘‘(C) the primary Federal regulator of such than 7 days before the due date contained in card will expire if not renewed.’’. creditor determines that the method for cal- the periodic statement for such payment (b) CLERICAL AMENDMENT.—The table of culating such fee complies with this para- shall create a presumption that such pay- sections for chapter 4 of the Truth in Lend- graph.’’. ment was made by the due date, which may ing Act is amended by striking the item re- SEC. 104. CONSUMER RIGHT TO REJECT CARD be rebutted by the creditor for fraud or dis- lating to section 171 and inserting the fol- BEFORE NOTICE IS PROVIDED OF honesty on the part of the consumer with re- lowing: OPEN ACCOUNT. spect to the mailing date.’’. ‘‘171. Universal defaults prohibited. Section 127 of the Truth in Lending Act (15 ‘‘172. Unilateral changes in credit card agree- U.S.C. 1637) is amended by adding at the end SEC. 107. LENGTH OF BILLING PERIOD. ment prohibited. the following: Section 163(a) of the Truth in Lending Act ‘‘173. Applicability of State laws.’’. ‘‘(p) CONSUMER RIGHT TO REJECT CARD BE- (15 U.S.C. 1668(a)) is amended by striking FORE NOTICE OF NEW ACCOUNT IS PROVIDED TO ‘‘mailed at least fourteen days prior’’ and in- SEC. 109. ENHANCED PENALTIES. CONSUMER REPORTING AGENCY.—A creditor serting ‘‘mailed at least 21 days prior’’. Section 130(a)(2)(A) of the Truth in Lend- may not furnish any information to a con- SEC. 108. PROHIBITION ON UNIVERSAL DEFAULT ing Act (15 U.S.C. 1640(a)(2)(A)) is amended sumer reporting agency (as defined in sec- AND UNILATERAL CHANGES TO by striking ‘‘or (iii) in the’’ and inserting the tion 603) concerning a newly opened credit CARDHOLDER AGREEMENTS. following: ‘‘(iii) in the case of an individual card account under an open end consumer (a) IN GENERAL.—Chapter 4 of the Truth in action relating to an open end consumer credit plan until the credit card has been Lending Act (15 U.S.C. 1666 et seq.) is amend- credit plan that is not secured by real prop- used or activated by the consumer.’’. ed— erty or a dwelling, twice the amount of any SEC. 105. USE OF TERMS CLARIFIED. (1) by redesignating section 171 as section finance charge in connection with the trans- Section 127 of the Truth in Lending Act (15 173; and action, with a minimum of $500 and a max- U.S.C. 1637) is amended by adding at the end (2) by inserting after section 170 the fol- imum of $5,000, or such higher amount as the following: lowing: may be appropriate in the case of an estab- ‘‘(q) USE OF TERMS.—The following require- ‘‘SEC. 171. LIMITS ON INTEREST RATE IN- lished pattern or practice of such failures; or ments shall apply with respect to the terms CREASES. (iv) in the’’. of any credit card account under any open ‘‘(a) IN GENERAL.—No card issuer may in- SEC. 110. ENHANCED OVERSIGHT. end consumer credit plan: crease any annual percentage rate, fee, or fi- (a) IN GENERAL.—Section 127 of the Truth ‘‘(1) FIXED RATE.—The term ‘fixed’, when nance charge applicable to a credit card ac- in Lending Act (15 U.S.C. 1637) is amended by appearing in conjunction with a reference to count under an open end consumer credit adding at the end the following: the annual percentage rate or interest rate plan, or terminate early a lower introduc- ‘‘(s) EVALUATION OF CREDIT CARD POLICIES applicable with respect to such account, may tory rate, fee, or charge, except as permitted AND PROCEDURES.— only be used to refer to an annual percentage under this section. ‘‘(1) IN GENERAL.—In connection with its rate or interest rate that will not change or ‘‘(b) EXCEPTIONS.—The limitation under examination of a credit card issuer under its vary for any reason over the period specified subsection (a) shall not apply to— supervision, each agency referred to in para- clearly and conspicuously in the terms of the ‘‘(1) an increase due to the scheduled expi- graphs (1), (2), and (3) of section 108(a) shall account. ration of an introductory term; conduct, as appropriate, an evaluation of the ‘‘(2) PRIME RATE.—The term ‘prime rate’, ‘‘(2) an increase in a variable annual per- credit card policies and procedures used by when appearing in any agreement or con- centage rate, fee, or finance charge in ac- such card issuer to ensure compliance with tract for any such account, may only be used cordance with a credit card agreement that this section and sections 163, 164, 171, and 172. to refer to the bank prime rate published in provides for changes according to an index or Such agency shall promptly require the card the Federal Reserve Statistical Release on formula; issuer to take any corrective action needed selected interest rates (daily or weekly), and ‘‘(3) an increase due to a specific, material to address any violations of any such sec- commonly referred to as the ‘H.15 release’ action or omission of a consumer in violation. (or any successor publication).’’. tion of an agreement that is directly related ‘‘(2) ANNUAL REPORTS TO CONGRESS.—Each SEC. 106. APPLICATION OF CARD PAYMENTS. to such account and that is specified in the year, each agency referred to in subsections Section 164 of the Truth in Lending Act (15 contract or agreement as grounds for an in- (a) and (c) of section 108 shall submit a re- U.S.C. 1666c) is amended— crease, except that— port to Congress concerning the administra- (1) by striking the section heading and all ‘‘(A) the creditor may not take into action of its functions under this section, in- that follows through ‘‘Payments’’ and insert- count information not directly related to the cluding such recommendations as the agency ing the following: account, including adverse information con- deems necessary or appropriate. Each such

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6576 CONGRESSIONAL RECORD — SENATE July 10, 2008 report shall include an assessment of the ex- SEC. 111. CLERICAL AMENDMENTS. ‘‘(ii) the items required to be included in tent to which compliance with the require- Section 103(i) of the Truth in Lending Act the table shall be listed in the order in which ments of this section is being achieved and a (15 U.S.C. 1602(i)) is amended— such items are set forth in subparagraph (B). summary of the enforcement actions taken (1) by striking ‘‘term’’ and all that follows ‘‘(G) In prescribing the form of the table by the agency assigned administrative en- through ‘‘means’’ and inserting the fol- under subparagraph (D), the Board shall em- forcement responsibilities under subsections lowing: ‘‘terms ‘open end credit plan’ and ploy terminology which is different than the (a) and (c) of section 108.’’. ‘open end consumer credit plan’ mean’’; and terminology which is employed in subpara- (b) STRENGTHENED CREDIT CARD INFORMA- (2) in the second sentence, by inserting ‘‘or graph (B), if such terminology is more easily TION COLLECTION.—Section 136(b) of the open end consumer credit plan’’ after ‘‘credit understood and conveys substantially the Truth in Lending Act (15 U.S.C. 1646(b)) is plan’’ each place that term appears. same meaning.’’. amended— TITLE II—ENHANCED CONSUMER (b) CIVIL LIABILITY.—Section 130(a) of the (1) in paragraph (1)— DISCLOSURES Truth in Lending Act (15 U.S.C. 1640(a)) is (A) by striking ‘‘The Board shall’’ and in- SEC. 201. PAYOFF TIMING DISCLOSURES. serting the following: amended, in the undesignated paragraph fol- (a) IN GENERAL.—Section 127(b)(11) of the lowing paragraph (4), by striking the second ‘‘(A) IN GENERAL.—The Board shall’’; and Truth in Lending Act (15 U.S.C. 1637(b)(11)) is (B) by adding at the end the following: amended to read as follows: sentence and inserting the following: ‘‘In ‘‘(B) INFORMATION TO BE INCLUDED.—The in- ‘‘(11)(A) A written statement in the fol- connection with the disclosures referred to formation under subparagraph (A) shall in- lowing form: ‘Minimum Payment Warning: in subsections (a) and (b) of section 127, a clude, as of a date designated by the Board— Making only the minimum payment will in- creditor shall have a liability determined ‘‘(i) a list of each type of transaction or crease the interest rate you pay and the time under paragraph (2) only for failing to com- event for which one or more of the card it takes to repay your balance.’. ply with the requirements of section 125, issuers has imposed a separate interest rate ‘‘(B) Repayment information that would 127(a), or any of paragraphs (4) through (13) upon a cardholder, including purchases, cash apply to the outstanding balance of the con- of section 127(b), or for failing to comply advances, and balance transfers; sumer under the credit plan, including— with disclosure requirements under State ‘‘(ii) for each type of transaction or event ‘‘(i) the number of months (rounded to the law for any term or item that the Board has identified under clause (i)— nearest month) that it would take to pay the ‘‘(I) each distinct interest rate charged by determined to be substantially the same in entire amount of that balance, if the con- meaning under section 111(a)(2) as any of the the card issuer to a cardholder, as of the des- sumer pays only the required minimum ignated date; terms or items referred to in section 127(a), monthly payments and if no further ad- or any of paragraphs (4) through (13) of sec- ‘‘(II) the number of cardholders to whom vances are made; tion 127(b).’’. each such interest rate was applied during ‘‘(ii) the total cost to the consumer, in- the calendar month immediately preceding cluding interest and principal payments, of SEC. 202. REQUIREMENTS RELATING TO LATE the designated date, and the total amount of paying that balance in full, if the consumer PAYMENT DEADLINES AND PEN- interest charged to such cardholders at each pays only the required minimum monthly ALTIES. such rate during such month; payments and if no further advances are ‘‘(III) the number of cardholders who are Section 127(b)(12) of the Truth in Lending made; and Act (15 U.S.C. 1637(b)(12)) is amended to read paying the stated default annual percentage ‘‘(iii) the monthly payment amount that as follows: rate applicable in cases in which the account would be required for the consumer to elimi- ‘‘(12) REQUIREMENTS RELATING TO LATE PAY- is past due or the account holder is other- nate the outstanding balance in 36 months, if MENT DEADLINES AND PENALTIES.— wise in violation of the terms of the account no further advances are made, and the total ‘‘(A) LATE PAYMENT DEADLINE AND POST- agreement; and cost to the consumer, including interest and MARK DATE REQUIRED TO BE DISCLOSED.—In ‘‘(IV) the number of cardholders who are principal payments, of paying that balance the case of a credit card account under an paying above such stated default annual per- in full if the consumer pays the balance over open end consumer credit plan under which a centage rate; 36 months. late fee or charge may be imposed due to the ‘‘(iii) a list of each type of fee that one or ‘‘(C)(i) Subject to clause (ii), in making the more of the card issuers has imposed upon a disclosures under subparagraph (B), the cred- failure of the obligor to make payment on or cardholder as of the designated date, includ- itor shall apply the interest rate or rates in before the due date for such payment, the ing any fee imposed for obtaining a cash ad- effect on the date on which the disclosure is periodic statement required under sub- vance, making a late payment, exceeding the made until the date on which the balance section (b) with respect to the account shall credit limit on an account, making a balance would be paid in full. include, in a conspicuous location on the transfer, or exchanging United States dollars ‘‘(ii) If the interest rate in effect on the billing statement— for foreign currency; date on which the disclosure is made is a ‘‘(i) the date on which the payment is due ‘‘(iv) for each type of fee identified under temporary rate that will change under a con- or, if different, the date on which a late pay- clause (iii), the number of cardholders upon tractual provision applying an index or for- ment fee will be charged, together with the whom the fee was imposed during the cal- mula for subsequent interest rate adjust- amount of the fee or charge to be imposed if endar month immediately preceding the des- ment, the creditor shall apply the interest payment is made after that date; and ignated date, and the total amount of fees rate in effect on the date on which the dis- ‘‘(ii) the date by which the payment must imposed upon cardholders during such closure is made for as long as that interest be postmarked, if paid by mail, in order to month; rate will apply under that contractual provi- avoid the imposition of a late payment fee ‘‘(v) the total number of cardholders that sion, and then apply an interest rate based with respect to the payment, and a state- incurred any interest charge or any fee dur- on the index or formula in effect on the ap- ment to that effect. ing the calendar month immediately pre- plicable billing date. ‘‘(B) DISCLOSURE OF INCREASE IN INTEREST ceding the designated date; and ‘‘(D) All of the information described in RATES FOR LATE PAYMENTS.—If 1 or more late ‘‘(vi) any other information related to in- subparagraph (B) shall— payments under an open end consumer credit terest rates, fees, or other charges that the ‘‘(i) be disclosed in the form and manner plan may result in an increase in the annual Board deems of interest.’’; and which the Board shall prescribe, by regula- percentage rate applicable to the account, (2) by adding at the end the following: tion, and in a manner that avoids duplica- the statement required under subsection (b) ‘‘(5) REPORT TO CONGRESS.—The Board tion; and with respect to the account shall include shall, on an annual basis, transmit to Con- ‘‘(ii) be placed in a conspicuous and promi- conspicuous notice of such fact, together gress and make public a report containing an nent location on the billing statement, in with the applicable penalty annual percent- assessment by the Board of the profitability typeface that is at least as large as the larg- age rate, in close proximity to the disclosure of credit card operations of depository insti- est type on the statement. required under subparagraph (A) of the date tutions. Such report shall include estimates ‘‘(E) In the regulations prescribed under on which payment is due under the terms of by the Board of the approximate, relative subparagraph (D), the Board shall require the account. percentage of income derived by such oper- that the disclosure of such information shall ‘‘(C) REQUIREMENTS RELATING TO POSTMARK ations from— be in the form of a table that— DATE.— ‘‘(A) the imposition of interest rates on ‘‘(i) contains clear and concise headings for ‘‘(i) IN GENERAL.—The date included in a cardholders, including separate estimates each item of such information; and periodic statement pursuant to subparagraph for— ‘‘(ii) provides a clear and concise form (A)(ii) with regard to the postmark on a pay- ‘‘(i) interest with an annual percentage stating each item of information required to ment shall allow, in accordance with regula- rate of less than 25 percent; and be disclosed under each such heading. tions prescribed by the Board under clause ‘‘(ii) interest with an annual percentage ‘‘(F) In prescribing the form of the table (ii), a reasonable time for the consumer to rate equal to or greater than 25 percent; under subparagraph (E), the Board shall re- make the payment and a reasonable time for ‘‘(B) the imposition of fees on cardholders; quire that— the delivery of the payment by the due date. ‘‘(C) the imposition of fees on merchants; ‘‘(i) all of the information in the table, and ‘‘(ii) BOARD REGULATIONS.—The Board shall and not just a reference to the table, be placed on prescribe guidelines for determining a rea- ‘‘(D) any other material source of income, the billing statement, as required by this sonable period of time for making a payment while specifying the nature of that income.’’. paragraph; and and delivery of a payment for purposes of

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6577 clause (i), after consultation with the Post- courses. The OFE shall make an effort to tem established by the agency under para- master General of the United States and rep- provide certification to all types of programs graph (5), that the election is no longer effec- resentatives of consumer and trade organiza- and courses, including those that are con- tive; and tions. ducted by nonprofit, faith-based, or for-profit ‘‘(ii) shall be effective with respect to each ‘‘(D) PAYMENTS AT LOCAL BRANCHES.—If the institutions and State and local govern- affiliate of the agency. creditor, in the case of a credit card account ments. ‘‘(D) RULE OF CONSTRUCTION.—An election referred to in subparagraph (A), is a financial ‘‘(iii) SELECT PROGRAMS.—From among by a consumer under subparagraph (A) to be institution which maintains branches or of- those courses or programs that are certified included in a list provided by a consumer re- fices at which payments on any such account by the OFE under this subparagraph, the porting agency may not be construed to are accepted from the obligor in person, the OFE may designate a select number of pro- limit the applicability of this subsection to date on which the obligor makes a payment grams or courses that produce results that any person age 21 or older, and the consumer on the account at such branch or office shall are far better than those produced by other may elect to be excluded from any such list be considered to be the date on which the certified programs as ‘highly certified’.’’. after the attainment of his or her 21st birth- payment is made for purposes of determining SEC. 302. RESTRICTIONS ON CERTAIN AFFINITY day in the manner otherwise provided under whether a late fee or charge may be imposed CARDS. this subsection.’’. due to the failure of the obligor to make pay- Section 127 of the Truth in Lending Act (15 TITLE IV—FEDERAL AGENCY ment on or before the due date for such pay- U.S.C. 1637), as amended by this Act, is COORDINATION ment.’’. amended by adding at the end the following: ‘‘(t) RESTRICTIONS ON ISSUANCE OF AFFINITY SEC. 401. INCLUSION OF ALL FEDERAL BANKING SEC. 203. RENEWAL DISCLOSURES. AGENCIES. CARDS TO STUDENTS.—No credit card account Section 127(d) of the Truth in Lending Act (a) IN GENERAL.—Section 18(f)(1) of the (15 U.S.C. 1637(d)) is amended— under an open end consumer credit plan may be established by an individual who has not Federal Trade Commission Act (15 U.S.C. (1) by striking paragraph (2); 57a(f)(1)) is amended in the second sentence— (2) by redesignating paragraph (3) as para- attained the age of 21 as of the date of submission of the application pursuant to any (1) by striking ‘‘The Board of Governors of graph (2); and the Federal Reserve System (with respect to (3) in paragraph (1), by striking ‘‘Except as direct or indirect agreement relating to affinity cards, as defined by the Board, be- banks) and the Federal Home Loan Bank provided in paragraph (2), a card issuer’’ and Board (with respect to savings and loan in- inserting the following: ‘‘A card issuer that tween the creditor and an institution of higher education, as defined in section 101(a) stitutions described in paragraph (3)) and the has changed or amended any term of the ac- National Credit Union Administration Board count since the last renewal or’’. of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), unless the requirements of sub- (with respect to Federal credit unions de- TITLE III—PROTECTION OF YOUNG section (c)(8) are met with respect to the ob- scribed in paragraph (4))’’ and inserting CONSUMERS ligor.’’. ‘‘Each appropriate Federal banking agency’’; SEC. 301. EXTENSIONS OF CREDIT TO UNDERAGE SEC. 303. PROTECTION OF YOUNG CONSUMERS and CONSUMERS. FROM PRESCREENED CREDIT OF- (2) by inserting ‘‘in consultation with the Section 127(c) of the Truth in Lending Act FERS. Commission’’ after ‘‘shall prescribe regula- (15 U.S.C. 1637(c)) is amended by adding at (a) IN GENERAL.—Section 604(c)(1)(B) of the tions’’. the end the following: Fair Credit Reporting Act (15 U.S.C. (b) FTC CONCURRENT RULEMAKING.—Sec- ‘‘(8) APPLICATIONS FROM UNDERAGE CON- 1681b(c)(1)(B)) is amended— tion 18(f)(1) of the Federal Trade Commission SUMERS.— (1) in clause (ii), by striking ‘‘and’’ at the Act (15 U.S.C. 57a(f)(1)) is amended by insert- ‘‘(A) PROHIBITION ON ISSUANCE.—No credit end; and ing after the second sentence the following: card may be issued to, or open end consumer (2) in clause (iii), by striking the period at ‘‘Notwithstanding any other provision of credit plan established by or on behalf of, a the end and inserting the following: ‘‘; and this section, whenever such agencies com- consumer who has not attained the age of 21, ‘‘(iv) the consumer report indicates that mence such a rulemaking proceeding, the unless the consumer has submitted a written the consumer is age 21 or older, except that Commission, with respect to the entities application to the card issuer that meets the a consumer who is at least 18 years of age within its jurisdiction under this Act, may requirements of subparagraph (B). may elect, in accordance with subsection commence a rulemaking proceeding and pre- ‘‘(B) APPLICATION REQUIREMENTS.—An ap- (e)(7), to authorize the consumer reporting scribe regulations in accordance with section plication to open a credit card account by an agency to include the name and address of 553 of title 5, United States Code. The Com- individual who has not attained the age of 21 the consumer in any list of names provided mission, the Federal banking agencies, and as of the date of submission of the applica- by the agency pursuant to this paragraph.’’. the National Credit Union Administration tion shall require— (b) OPT-IN FOR YOUNG CONSUMERS.—Section Board shall consult and coordinate with each ‘‘(i) the signature of the parent, legal 604(e) of the Fair Credit Reporting Act (15 other so that the regulations prescribed by guardian, or any other individual over the U.S.C. 1681b(e)) is amended— each such agency are consistent with and age of 21 having a means to repay debts in- (1) by striking the subsection heading and comparable to the regulations prescribed by curred by the consumer in connection with inserting the following: each other such agency, to the extent prac- the account, indicating joint liability for ‘‘(e) ELECTION OF CONSUMERS REGARDING ticable.’’. debts incurred by the consumer in connec- LISTS.—’’; and (c) PRESERVATION OF STATE LAW.—Section tion with the account before the consumer (2) by adding at the end the following: 18(f)(6) of the Federal Trade Commission Act has attained the age of 21; ‘‘(7) OPT-IN FOR UNDERAGE CONSUMERS.— (15 U.S.C. 57a(f)(6)) is amended to read as fol- ‘‘(ii) submission by the consumer of finan- ‘‘(A) IN GENERAL.—A consumer who is at lows: cial information indicating an independent least 18 years of age, but has not attained his ‘‘(6) Notwithstanding any other provision means of repaying any obligation arising or her 21st birthday, may elect to have the of this subsection or any other provision of from the proposed extension of credit in con- name and address of the consumer included law, regulations promulgated under this sub- nection with the account; or in any list provided by a consumer reporting section shall be considered supplemental to ‘‘(iii) completion of a certified financial agency under subsection (c)(1)(B) in connec- State laws governing unfair and deceptive literacy or financial education course de- tion with a credit or insurance transaction acts and practices, and may not be construed signed for young consumers. that is not initiated by the consumer by no- to preempt any provision of State law that ‘‘(C) CERTIFIED FINANCIAL LITERACY OR EDU- tifying the agency in accordance with sub- provides equal or greater protections.’’. CATION COURSES FOR YOUNG CONSUMERS.— paragraph (B) that the consumer consents to (d) GAO STUDY AND REPORT.—Not later ‘‘(i) IN GENERAL.—The Secretary of the the use of a consumer report relating to the than 18 months after the date of enactment Treasury, acting through the Office of Fi- consumer in connection with any credit or of this Act, the Comptroller General shall nancial Literacy and Education (in this sub- insurance transaction that is not initiated transmit to Congress a report on the status paragraph referred to as ‘OFE’), shall make by the consumer. of regulations of the Federal banking agen- and publish a list of all courses and programs ‘‘(B) MANNER OF NOTIFICATION.—An election cies and the National Credit Union Adminis- that have been certified for financial lit- by a consumer described in subparagraph (A) tration regarding unfair and deceptive acts eracy or financial education purposes appro- shall be in writing, using a signed notice of or practices by depository institutions and priate for young consumers. When devel- election form issued or made available elec- Federal credit unions. oping the certification criteria the OFE shall tronically by the consumer reporting agency (e) TECHNICAL AND CONFORMING AMEND- take into account the course or program’s— at the request of the consumer for purposes MENTS.—Section 18(f) of the Federal Trade ‘‘(I) proven track record in producing of this paragraph. Commission Act (15 U.S.C. 57a(f)) is amend- changed consumer behavior; and ‘‘(C) EFFECTIVENESS OF ELECTION.—An elec- ed— ‘‘(II) use of practices or curricula that have tion by a consumer under subparagraph (A) (1) in the subsection heading, by striking been shown to change consumer behavior. to be included in a list provided by a con- ‘‘BOARD’’ and all that follows through ‘‘AD- ‘‘(ii) EXPLICIT ELIGIBILITY.—Courses taken sumer reporting agency— MINISTRATION’’ and inserting ‘‘APPROPRIATE that are offered or required by colleges, uni- ‘‘(i) shall be effective until the earlier of— FEDERAL BANKING AGENCIES’’ versities, and high schools may be certified ‘‘(I) the 21st birthday of the consumer; or (2) in paragraph (1), in the first sentence— by the OFE for purposes of this subpara- ‘‘(II) the date on which the consumer noti- (A) by striking ‘‘banks or savings and loan graph, as well as other programs and fies the agency, through the notification sys- institutions described in paragraph (3), each

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6578 CONGRESSIONAL RECORD — SENATE July 10, 2008 agency specified in paragraph (2) or (3) of Affairs of the Senate and the Committee on (i) 4 representatives from consumer groups; this subsection shall establish’’ and inserting Financial Services of the House of Rep- (ii) 4 representatives from credit card ‘‘depository institutions or Federal credit resentatives containing a detailed summary issuers or banks; unions, each appropriate Federal banking of the findings and conclusions of the study (iii) 7 representatives from nonprofit re- agency shall establish’’; and required by this section, together with such search entities or nonpartisan experts in (B) by striking ‘‘banks or savings and loan recommendations for legislative or adminis- banking and credit cards; and institutions described in paragraph (3), sub- trative actions as may be appropriate. (iv) not fewer than 1 of the members de- ject to its jurisdiction’’ and inserting ‘‘the SEC. 502. CREDIT CARD SAFETY RATING SYSTEM scribed in clauses (i) through (iii) who rep- depository institutions or Federal credit COMMISSION STUDY. resents each of— unions subject to the jurisdiction of such ap- (a) DEFINITION.—In this section, the term (I) the elderly; propriate Federal banking agency’’; ‘‘safety’’ refers to the amount of risk to (II) economically disadvantaged con- (3) in paragraph (1), in the final sentence— cardholders that results from credit card sumers; (A) by striking ‘‘each such Board’’ and in- practices and terms in credit card agree- (III) racial or ethnic minorities; and serting ‘‘each such appropriate Federal ments that are either not well understood by (IV) students and minors. banking agency’’; consumers, or are not easily understood, or (C) ETHICS DISCLOSURES.—The Comptroller (B) by striking ‘‘banks or savings and loan could have an adverse financial effect on shall establish a system for public disclosure institutions described in paragraph (3), or consumers, other than interest rates, peri- by members of the Commission of financial Federal credit unions described in paragraph odic fees, or rewards. and other potential conflicts of interest re- (b) ESTABLISHMENT OF SAFETY RATING SYS- (4), as the case may be,’’ each place that lating to such members. Members of the TEM.—The Comptroller General of the United term appears and inserting ‘‘depository in- Commission shall be treated in the same States (in this section referred to as the stitutions or Federal credit unions subject to manner as employees of Congress whose pay ‘‘Comptroller’’) shall establish an entity to the jurisdiction of such appropriate Federal is disbursed by the Secretary of the Senate be known as the ‘‘Credit Card Safety Rating banking agency’’; for purposes of title I of the Ethics in Gov- System Commission’’ (in this section re- (C) by striking ‘‘(A) any such Board’’ and ernment Act of 1978 (Public Law 95–521). ferred to as the ‘‘Commission’’). inserting ‘‘(A) any such appropriate Federal (3) CHAIRPERSON; VICE CHAIRPERSON.—The (c) DUTIES.—The duties of the Commission Comptroller shall designate a member of the banking agency’’; and shall be— (D) by striking ‘‘with respect to banks, Commission, at the time of appointment of (1) to determine if a rating system to allow the member as Chairperson and a member as savings and loan institutions’’ and inserting cardholders to quickly assess the level of ‘‘with respect to depository institutions’’; Vice Chairperson for that term of appoint- safety of credit card agreements would be ment, except that in the case of vacancy in (4) in paragraph (2)(C), by inserting ‘‘than’’ beneficial to consumers; after ‘‘(other’’; the position of Chairperson or Vice Chair- (2) to assess the impact on credit card person of the Commission, the Comptroller (5) in paragraph (3), by inserting ‘‘by the transparency and consumer safety of various Director of the Office of Thrift Supervision’’ may designate another member for the re- rating system policy options, including— mainder of the term of that member. before the period at the end; (A) the use of a 5-star rating system to re- (6) in paragraph (4), by inserting ‘‘by the (4) TERMS.—Members of the Commission flect the relative safety of card terms, mar- shall be appointed for the life of the Commis- National Credit Union Administration’’ be- keting and customer service practices, and sion. Any vacancies shall not affect the fore the period at the end; product features; power and duties of the Commission but (7) in paragraph (6), by striking ‘‘the Board (B) making the use of the system manda- shall be filled in the same manner as the of Governors of the Federal Reserve System’’ tory for all cards; original appointment. and inserting ‘‘any Federal banking agency (C) requiring a graphic display of rating on (5) COMPENSATION.— or the National Credit Union Administration all marketing material, applications, billing (A) MEMBERS.—While serving on the busi- Board’’; and statements, and agreements associated with ness of the Commission (including travel (8) by adding at the end the following new that credit card, as well as on the back of time), a member of the Commission shall be paragraph: each such credit card; entitled to compensation at the per diem ‘‘(8) For purposes of this subsection— (D) requiring an annual review of the safe- equivalent of the rate provided for level IV of ‘‘(A) the term ‘appropriate Federal bank- ty rating system, to determine whether the the Executive Schedule under section 5315 of ing agency’ has the same meaning as in sec- point system is effectively aiding consumers title 5, United States Code, and while so tion 3 of the Federal Deposit Insurance Act, and encouraging transparent competition serving away from home and the regular and includes the National Credit Union Ad- and fairness to consumers; and place of business of the member, the member ministration Board with respect to Federal (E) requiring consumer access to ratings may be allowed travel expenses, as author- credit unions; through public website and other outreach ized by the Chairperson. ‘‘(B) the terms ‘depository institution’ and programs (B) OTHER EMPLOYEES.—For purposes of ‘Federal banking agency’ have the same (3) if it is deemed beneficial, to make rec- pay (other than pay of members of the Com- meanings as in section 3 of the Federal De- ommendations to Congress concerning how mission) and employment benefits, rights, posit Insurance Act (12 U.S.C. 1813); and such a system should be devised; and privileges, all employees of the Commis- ‘‘(C) the term ‘Federal credit union’ has (4) to study the effects of such system on sion shall be treated as if they were employ- the same meaning as in section 101 of the the availability and affordability of credit ees of the United States Senate. Federal Credit Union Act (12 U.S.C. 1752).’’. and the implications of changes in credit (6) MEETINGS.—The Commission shall meet TITLE V—MISCELLANEOUS PROVISIONS availability and affordability in the United at the call of the Chairperson. SEC. 501. STUDY AND REPORT. States and in the general market for credit (e) DIRECTOR AND STAFF; EXPERTS AND CON- (a) STUDY REQUIRED.—The Comptroller services due to the rating system; and SULTANTS.—Subject to such review as the General (in this section referred to as the (5) by not later than March 1 of the second Comptroller determines necessary to assure ‘‘Comptroller’’) shall conduct a study on year after the date of enactment of this Act, the efficient administration of the Commis- interchange fees and their effects on con- to submit a report to Congress containing sion, the Commission may— sumers and merchants. The Comptroller detailed results and recommendations, in- (1) employ and fix the compensation of an shall review— cluding how to create such system, if cre- Executive Director (subject to the approval (1) the extent to which interchange fees are ating such system is recommended. of the Comptroller General) and such other required to be disclosed to consumers and (d) MEMBERSHIP.— personnel as may be necessary to carry out merchants, and how such fees are overseen (1) NUMBER AND APPOINTMENT.—The Com- its duties (without regard to the provisions by the Federal banking agencies or other mission shall be composed of 15 members ap- of title 5, United States Code, governing ap- regulators; pointed by the Comptroller, in accordance pointments in the competitive service); (2) the ways in which the interchange sys- with this section. (2) seek such assistance and support as tem affects the ability of merchants of vary- (2) QUALIFICATIONS.— may be required in the performance of its du- ing size to negotiate pricing with card asso- (A) IN GENERAL.—The membership of the ties from appropriate Federal departments ciations and banks; Commission, subject to subparagraph (B), and agencies; (3) the costs and factors incorporated into shall include individuals— (3) enter into contracts or make other ar- interchange fees, such as advertising, bonus (i) who have achieved national recognition rangements, as may be necessary for the miles, and rewards, how such costs and fac- for their expertise in credit cards, debt man- conduct of the work of the Commission tors vary among cards; and agement, economics, credit availability, con- (without regard to section 3709 of the Re- (4) the consequences of the undisclosed na- sumer protection, and other credit card revised Statutes of the United States (41 U.S.C. ture of interchange fees on merchants and lated issues and fields; and 5)); consumers with regard to prices charged for (ii) who provide a mix of different profes- (4) make advance, progress, and other pay- goods and services. sions, a broad geographic representation, and ments which relate to the work of the Com- (b) REPORT REQUIRED.—Not later than 180 a balance between urban and rural represent- mission; days after the date of enactment of this Act, atives. (5) provide transportation and subsistence the Comptroller shall submit a report to the (B) MAKEUP OF COMMISSION.—The Commis- for persons serving without compensation; Committee on Banking, Housing, and Urban sion shall be comprised of— and

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6579 (6) prescribe such rules and regulations as the higher interest rate debt to be paid two subcommittee hearings in 2007, and it determines necessary with respect to the off last. And they engage in a number based on our investigative hearings, I internal organization and operation of the of other unfair practices that are bury- introduced legislation called the Stop Commission. ing American consumers in a mountain Unfair Practices in Credit Cards Act, S. (f) POWERS.— (1) OBTAINING OFFICIAL DATA.—The Com- of debt. It is long past time to enact 1395, to ban the outrageous credit card mission may secure directly from any de- legislation to protect American con- abuses that were documented in the partment or agency of the United States in- sumers. hearings. I was pleased that Senators formation necessary to enable it to carry out The bill we are introducing today MCCASKILL, LEAHY, DURBIN, BINGAMAN, this section. Upon request of the Chair- will not only help protect consumers, CANTWELL, WHITEHOUSE, KOHL, BROWN, person, the head of that department or agen- but it will also help ensure that credit STEVENS, and SANDERS, our Presiding cy shall furnish that information to the card companies willing to do the right Officer, joined as cosponsors. Commission on an agreed upon schedule. thing are not put at a competitive dis- This new bill, the Dodd-Levin bill in- (2) DATA COLLECTION.—In order to carry out troduced today, as Senator DODD men- its functions, the Commission shall— advantage by companies continuing (A) utilize existing information, both pub- unfair practices. tioned, incorporates almost all the pro- lished and unpublished, where possible, col- Some argue that Congress does not visions of S. 1395, and it adds other im- lected and assessed either by its own staff or need to ban unfair credit card prac- portant protections as well. It is the under other arrangements made in accord- tices. They contend that improved dis- strongest credit card bill yet in Con- ance with this section; closure alone will empower consumers gress. (B) carry out, or award grants or contracts to seek out better deals. Sunlight can I would like to add to the record for, original research and experimentation, be a powerful disinfectant, but credit more detailing of the provisions of this where existing information is inadequate; bill, along with an overview of some of and cards have become such complex financial products that even improved dis- the most prevalent abuses that we un- (C) adopt procedures allowing any inter- covered and some of the stories that ested party to submit information for the closure will not be enough to curb the Commission’s use in making reports and rec- abuses. Some practices are so con- American consumers shared with us ommendations. fusing that consumers cannot easily during the course of the inquiries car- (3) ACCESS OF GAO INFORMATION.—The understand them. Additionally, better ried out by my Permanent Sub- Comptroller shall have unrestricted access disclosure does not always lead to committee on Investigations. to all deliberations, records, and nonpropri- greater market competition, especially With regard to excessive fees, the etary data of the Commission, immediately first case history we examined illus- when essentially an entire industry is upon request. trates the fact that major credit card using and benefiting from practices (4) PERIODIC AUDIT.—The Commission shall issuers today impose a host of fees on be subject to periodic audit by the Comp- that unfairly hurt consumers. Credit card issuers like to say they their cardholders, including late fees troller. and over-the-limit fees that are not (g) ADMINISTRATIVE AND SUPPORT SERV- are engaged in a risky business, lend- ICES.—The Comptroller shall provide such ing unsecured debt to millions of con- only substantial in themselves but can contribute to years of debt for families administrative and support services to the sumers. But it is clear they have Commission as may be necessary to carry unable to immediately pay them. learned to price credit card products in out this section. Wesley Wannemacher of Lima, OH, (h) AUTHORIZATION OF APPROPRIATIONS.— ways that produce enormous profit. testified at our March 2007 hearing. In There are authorized to be appropriated to For the last decade, credit card issuers 2001 and 2002, Mr. Wannemacher used a the Commission such sums as may be nec- have maintained their position as the new credit card to pay for expenses essary to carry out this section. most profitable sector in the consumer mostly related to his wedding. He Mr. LEVIN. Mr. President, I know lending field and reported consistently charged a total of about $3,200, which the Senator from Connecticut has to higher rates of return than commercial exceeded the card’s credit limit by $200. leave, but before he does leave the banks. He spent the next 6 years trying to pay floor, I congratulate and commend him In 2006, Americans used 700 million off the debt, averaging payments of on this bill. He has put a huge amount credit cards to buy about $2 trillion in about $1,000 per year. As of February of effort into this issue over the years. goods and services. The average Amer- 2007, he had paid about $6,300 on his This bill reflects that effort. His lead- ican family now has five credit cards. $3,200 debt, but his billing statement ership in this matter will make a huge Credit cards are being used to pay for showed he still owed $4,400. difference in getting this bill enacted. I groceries, mortgage payments, and How is it possible that a man pays thank him for that leadership and even taxes, and they are saddling U.S. $6,300 on a $3,200 credit card debt, but thank him for this bill. consumers, from college students to still owes $4,400? Here is how. On top of Mr. DODD. I thank my colleague. seniors, with a mountain of debt. The the $3,200 debt, Mr. Wannemacher was Mr. LEVIN. Mr. President, the legis- latest figures show that U.S. credit charged by the credit card issuer about lation we are introducing today is card debt is now approaching $1 tril- $4,900 in interest, $1,100 in late fees, and going to combat credit card abuses lion. These consumers are routinely $1,500 in over-the-limit fees. He was hit that have been hurting American con- being subjected to unfair practices that 47 times with over-limit fees, even sumers for far too long. With all the squeeze them for ever more money, though he went over the limit only economic hardship facing Americans sinking them further into debt. three times and exceeded the limit by today, from falling home prices to ris- While the remaining legislative days only $200. Altogether, these fees and ing gasoline and food costs, it is more in this Congress are dwindling, there is the interest charges added up to $7,500, important than ever for Congress to still time to enact strong credit card which, on top of the original $3,200 act now to stop credit card abuses and reform legislation. Too many Amer- credit card debt, produced total protect American families from unfair ican families are being hurt by too charges to him of $10,700. credit card practices. many unfair credit card practices to In other words, the interest charges Credit card companies regularly use delay action any longer. and fees more than tripled the original a host of unfair practices. They hike I commend Senator DODD for tack- $3,200 credit card debt, despite pay- the interest rates of cardholders who ling credit card reform. I look forward ments by the cardholder averaging pay on time and comply with their to Congress taking the steps needed $1,000 per year. Unfair? Clearly, I credit card agreements. They impose this session to ban unfair practices think, but our investigation has shown interest rates as high as 32 percent. that are causing so much pain and fi- that sky-high interest charges and fees They charge interest for debt that was nancial damage to American families are not uncommon in the credit card paid on time. They apply higher inter- today. industry. While the Wannemacher ac- est rates retroactively to existing cred- Credit card abuse is a topic, as Sen- count happened to be at Chase, penalty it card debt. They pile on excessive fees ator DODD mentioned, with which I interest rates and fees are also em- and then have the gall to charge inter- have been deeply involved over the past ployed by other major credit card est on those fees. They apply consumer several years through a number of in- issuers. payments first to the debt with the vestigations in the Permanent Sub- The week before the March hearing, least expensive interest rate, saving committee on Investigations. We held Chase decided to forgive the remaining

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6580 CONGRESSIONAL RECORD — SENATE July 10, 2008 debt on the Wannemacher account, and would be the end of it. But you would Chase increased his interest rate from while that was great news for the be wrong again. It’s not over. 15 percent to 17 percent, and in Feb- Wannemacher family, that decision Even though, on February 15, the ruary 2007, hiked it again to 27 percent. doesn’t begin to resolve the problem of consumer paid the February bill in full Retroactive application of the 27 per- excessive credit card fees and sky-high and on time—all $55.21—the next bill cent rate to Mr. Glasshof’s existing interest rates that trap too many hard- has an additional interest charge on it, debt meant that, out of his $119 pay- working families in a downward spiral for what we call ‘‘trailing interest.’’ In ment, about $114 went to pay finance of debt. this case, the trailing interest is the charges and only $5 went to reducing These high fees are made worse by interest that accumulated on the $55.21 his principal debt. Despite his making the industry-wide practice of including from February 1 to 15, which is time payments totaling $1,300 over 12 all fees in a consumer’s outstanding period from the day when the bill was months, Mr. Glasshof found that, due balance so that they incur interest sent to the day when it was paid. The to high interest rates and excessive charges. It is one thing for a bank to total is 38 cents. While some issuers fees, his credit card debt did not go charge interest on funds lent to a con- will waive trailing interest if the next down at all. Later, after the Sub- sumer; charging interest on penalty month’s bill is less than $1, if a con- committee asked about his account, fees goes too far. sumer makes a new purchase, a com- Chase suddenly lowered the interest Another galling practice featured in mon industry practice is to fold the 38 rate to 6 percent. That meant, over a our March hearing involves the fact cents into the end-of-month bill re- one year period, Chase had applied four that credit card debt that is paid on flecting the new purchase. different interest rates to his closed time routinely accrues interest Now 38 cents isn’t much in the big credit card account: 15 percent, 17 per- charges, and credit card bills that are scheme of things. That may be why cent, 27 percent, and 6 percent, which paid on time and in full are routinely many consumers don’t notice these shows how arbitrary those rates are. inflated with what I call ‘‘trailing in- types of extra interest charges or try Then there is Bonnie Rushing of terest.’’ Every single credit card issuer to fight them. Even if someone had Naples, FL. For years, she had paid her contacted by the Subcommittee en- questions about the amount of interest Bank of America credit card on time, gaged in both of these unfair practices on a bill, most consumers would be providing at least the minimum which squeeze additional interest hard pressed to understand how the amount specified on her bills. Despite charges from responsible cardholders. amount was calculated, much less her record of on-time payments, in Here is how it works. Suppose a con- whether it was incorrect. But by nickel 2007, Bank of America nearly tripled sumer who usually pays his account in and diming tens of millions of con- her interest rate from 8 to 23 percent. full, and owes no money on December sumer accounts, credit card issuers The bank said that it took this sudden 1, makes a lot of purchases in Decem- reap large profits. action because Ms. Rushing’s FICO ber, and gets a January 1 credit card I think it is indefensible to make credit score had dropped. When we bill for $5,020. That bill is due January consumers pay interest on debt which looked into why it had dropped, it was 15. Suppose the consumer pays that bill they pay on time. It is also just plain apparently because she had opened on time, but pays $5,000 instead of the wrong to charge trailing interest when Macy’s and J.Jill credit cards to get full amount owed. What do you think a bill is paid on time and in full. discounts on purchases. Despite paying the consumer owes on the next bill? My subcommittee’s second hearing both bills on time, the automated FICO If you thought the bill would be the focused on another set of unfair credit system had lowered her credit rating, $20 past due plus interest on the $20, card practices involving unfair interest and Bank of America had followed suit you would be wrong. In fact, under in- rate increases. Cardholders who had by raising her interest rate by a factor dustry practice today, the bill would years-long records of paying their cred- of three. Ms. Rushing closed her ac- likely be twice as much. That is be- it card bills on time, staying below count and complained to the Florida cause the consumer would have to pay their credit limits, and paying at least attorney general, my subcommittee, interest, not just on the $20 that wasn’t the minimum amount due, were never- and her card sponsor, the American paid on time, but also on the $5,000 that theless socked with substantial inter- Automobile Association. Bank of was paid on time. In other words, the est rate increases. Some saw their America eventually restored the 8 per- consumer would have to pay interest credit card interest rates double or cent rate on her closed account. on the entire $5,020 from the first day even triple. At the hearing, three con- In addition to these three consumers of the new billing month, January 1, sumers described this experience. who testified at the hearing, the sub- until the day the bill was paid on Janu- Janet Hard of Freeland, MI, had ac- committee presented case histories for ary 15, compounded daily. So much for crued over $8,000 in debt on her Dis- five other consumers who experienced a grace period. In addition, the con- cover card. Although she made pay- substantial interest rate increases de- sumer would have to pay the $20 past ments on time and paid at least the spite complying with their credit card due, plus interest on the $20 from Janu- minimum due for over 2 years, Dis- agreements. ary 15 to January 31, again com- cover increased her interest rate from I would also like to note that, in each pounded daily. In this example, using 18 percent to 24 percent in 2006. At the of these cases, the credit card issuer an interest rate of 17.99 percent, which same time, Discover applied the 24 per- told our subcommittee that the card- is the interest rate charged to Mr. cent rate retroactively to her existing holder had been given a chance to opt Wannamacher, the $20 debt would, in credit card debt, increasing her min- out of the increased interest rate by one month, rack up $35 in interest imum payments and increasing the closing their account and paying off charges and balloon into a debt of amount that went to finance charges their debt at the prior rate. But each of $55.21. instead of the principal debt. The re- these cardholders denied receiving an You might ask—hold on—why does sult was that, despite making steady opt-out notice, and when several tried the consumer have to pay any interest payments totaling $2,400 in 12 months to close their account and pay their at all on the $5,000 that was paid on and keeping her purchases to less than debt at the prior rate, they were told time? Why does anyone have to pay in- $100 during that same year, Janet they had missed the opt-out deadline terest on the portion of a debt that was Hard’s credit card debt went down by and had no choice but to pay the high- paid by the date specified in the bill— only $350. Sky-high interest charges, er rate. Our subcommittee examined in other words, on time? The answer is, inexplicably increased and unfairly ap- copies of the opt-out notices and found because that is how the credit card in- plied, ate up most of her payments. that some were filled with legal jargon, dustry has operated for years, and they Millard Glasshof of Milwaukee, WI, a were hard to understand, and contained have gotten away with it. retired senior citizen on a fixed in- procedures that were hard to follow. There is more. One might think that come, incurred a debt of about $5,000 on When we asked the major credit card once the consumer gets gouged in Feb- his Chase credit card, closed the ac- issuers what percentage of persons of- ruary, paying $55.21 on a $20 debt, and count, and faithfully paid down his fered an opt-out actually took it, they pays that bill on time and in full, with- debt with a regular monthly payment told the Subcommittee that 90 percent out making any new purchases, that of $119 for years. In December 2006, did not opt out of the higher interest

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 10, 2008 CONGRESSIONAL RECORD — SENATE S6581 rate—a percentage that is contrary to The bill requires issuers to provide COMMITTEE ON HOMELAND SECURITY AND all logic and strong evidence that cur- individual consumer account informa- GOVERNMENTAL AFFAIRS rent opt-out procedures do not work. tion and disclose the total period of Mr. REID. Mr. President, I ask unan- The case histories presented at our time and interest it will take to pay off imous consent that the Committee on hearings illustrate only a small portion the credit card balance if only min- Homeland Security and Governmental of the abusive credit card practices imum monthly payments are made. Affairs be authorized to meet during going on today. Since early 2007, the And, as the Senator from Con- the session of the Senate on Thursday, subcommittee has received letters and necticut said, the bill contains a num- July 10, 2008, at 9:30 a.m. to conduct a e-mails from thousands of credit card ber of protections for young consumers hearing entitled ‘‘The Roots of Violent cardholders describing unfair credit from credit card solicitations. Islamist Extremism and Efforts to card practices and asking for help to Again, I commend Senator DODD for Counter It.’’ stop them, more complaints than I taking the leadership on this issue. As The PRESIDING OFFICER. Without have received in any investigation I chairman of the Senate Banking Com- objection, it is so ordered. have conducted in more than 25 years mittee, his leadership will make a huge COMMITTEE ON THE JUDICIARY in Congress. The complaints stretch difference. It gives us a real chance of Mr. REID. Mr. President, I ask unan- across all income levels, all ages, and passing reform legislation relative to imous consent that the Senate Com- all areas of the country. credit card abuses this session of the mittee on the Judiciary be authorized The bottom line is that these abuses Congress. to meet during the session of the Sen- have gone on for too long. In fact, f ate, to conduct a hearing entitled these practices have been around for so ‘‘Passport Files: Privacy Protection many years that they have, in many NOTICE OF HEARING Needed For All Americans’’ on Thurs- cases, become the industry norm, and COMMITTEE ON ENERGY AND NATURAL day, July 10, 2008, at 10 a.m., in room our investigation has shown that many RESOURCES SD–226 of the Dirksen Senate Office of the practices are too entrenched, too Mr. BINGAMAN. Mr. President, I Building. profitable, and too immune to con- would like to announce for the infor- The PRESIDING OFFICER. Without sumer pressure for the companies to mation of the Senate and the public an objection, it is so ordered. change them on their own. addition to a previously announced SELECT COMMITTEE ON INTELLIGENCE Mr. President, in summary, this is hearing before the Committee on En- Mr. REID. Mr. President, I ask unan- what our bill contains: ergy and Natural Resources, Sub- imous consent that the Select Com- No interest on debt paid on time. committee on Public Lands and For- mittee on Intelligence be authorized to The bill prohibits interest charges on ests. The hearing will be held on meet during the session of the Senate any portion of credit card debt which Wednesday, July 16, 2008, at 2:30 p.m., on July 10, 2008, at 2:30 p.m. to hold a the credit card holder paid on time dur- in room SD–366 of the Dirksen Senate closed hearing. ing the grace period. Office Building. The PRESIDING OFFICER. Without The bill prohibits credit card issuers In addition to the other measures objection, it is so ordered. from increasing interest rates on card- previously announced, the Sub- holders who are in good standing for SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR committee will also consider H.R. 2632, SAFETY reasons unrelated to the cardholder’s to establish the Sabinoso Wilderness behavior with respect to that card. Mr. REID. Mr. President, I ask unan- Area in San Miguel County, New Mex- imous consent that the Subcommittee The bill requires increased interest ico, and for other purposes; and S. 2448, rates to apply only to future debt and on Clean Air and Nuclear Safety be au- to amend the Surface Mining Control thorized to meet during the session of not to debt incurred prior to the in- and Reclamation Act of 1977 to make crease. the Senate on Thursday, July 10, 2008 certain technical corrections. at 10 a.m. in room 406 of the Dirksen The bill prohibits the charging of in- Because of the limited time available terest on credit card transaction fees, Senate Office Building to hold a hear- for the hearing, witnesses may testify ing entitled ‘‘Environmental Protec- such as late fees and over-the-limit by invitation only. However, those fees. tion Agency Oversight: Implementing wishing to submit written testimony the Renewable Fuel Standard.’’ The bill prohibits the charging of re- for the hearing record should send it to peated over-the-limit fees for a single The PRESIDING OFFICER. Without the Committee on Energy and Natural objection, it is so ordered. instance of exceeding a credit card Resources, United States Senate, limit. Washington, DC 20510–6150, or by email f The bill requires payments to be ap- to [email protected] PRIVILEGES OF THE FLOOR plied first to the credit card balance .gov. with the highest rate of interest and to Mr. GRASSLEY. Madam President, I For further information, please con- minimize finance charges. ask unanimous consent that Lynda tact David Brooks at (202) 224–9863 or The bill requires the credit card Simmons of my Finance Committee Rachel Pasternack at (202) 224–0883. issuers must offer consumers the op- staff have privileges of the floor for the tion of operating under a fixed credit f duration of the 110th Congress. card limit that cannot be exceeded. AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without The bill prohibits charging a fee to MEET objection, it is so ordered. allow a credit card holder to make a Mr. MENENDEZ. Mr. President, I ask payment on credit card debt, whether COMMITTEE ON FINANCE unanimous consent that Fern that payment is by mail, telephone, Mr. REID. Mr. President, I ask unan- Goodhart, a fellow in my office, be electronic transfer, or otherwise. Be- imous consent that the Committee on granted floor privileges for the dura- lieve it or not, many credit card com- Finance be authorized to meet during tion of today’s session. panies actually charge you a fee to the session of the Senate on Thursday, The PRESIDING OFFICER. Without make your payment. July 10, 2008, at 10 a.m., in room 215 of objection, it is so ordered. the Dirksen Senate Office Building. The bill contains some of the fol- f lowing provisions as well: The PRESIDING OFFICER. Without It requires issuers to lower penalty objection, it is so ordered. ORDERS FOR FRIDAY, JULY 11, 2008 rates that have been imposed on a COMMITTEE ON FOREIGN RELATIONS Mr. DURBIN. Mr. President, I ask cardholder after 6 months if the card- Mr. REID. Mr. President, I ask unan- unanimous consent that when the Sen- holder commits no further violations. imous consent that the Committee on ate completes its business today, it The bill gives each Federal banking Foreign Relations be authorized to stand adjourned until 3:30 p.m. tomor- agency the authority to prescribe regu- meet during the session of the Senate row, Friday, July 11; that following the lations governing unfair or deceptive on Thursday, July 10, 2008, at 2:30 p.m. prayer and pledge, the Journal of pro- practices by banks and savings and The PRESIDING OFFICER. Without ceedings be approved to date, the loan institutions. objection, it is so ordered. morning hour be deemed expired, the

VerDate Aug 31 2005 02:17 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD08\S10JY8.REC S10JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S6582 CONGRESSIONAL RECORD — SENATE July 10, 2008 time for the two leaders be reserved for PHILIP A. BRIMMER, OF COLORADO, TO BE UNITED To be vice admiral STATES DISTRICT JUDGE FOR THE DISTRICT OF COLO- their use later in the day, and the Sen- RADO, VICE LEWIS T. BABCOCK, RETIRED. REAR ADM. BRUCE E. MACDONALD ate resume consideration of the House GREGORY E. GOLDBERG, OF COLORADO, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF COLO- IN THE COAST GUARD message to accompany H.R. 3221, the RADO, VICE PHILLIP S. FIGA, DECEASED. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT housing reform legislation, and the WILLIAM FREDERIC JUNG, OF FLORIDA, TO BE UNITED IN THE UNITED STATES COAST GUARD TO THE GRADE IN- STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF DICATED UNDER SECTION 271, TITLE 14, U.S. CODE: postcloture time count during any ad- FLORIDA, VICE SUSAN C. BUCKLEW, RETIRING. journment or recess of the Senate. MARY STENSON SCRIVEN, OF FLORIDA, TO BE UNITED To be rear admiral STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF The PRESIDING OFFICER. Without FLORIDA, VICE PATRICIA C. FAWSETT, RETIRING. REAR ADM. (LH) CHRISTOPHER C. COLVIN objection, it is so ordered. REAR ADM. (LH) DAVID T. GLENN IN THE AIR FORCE REAR ADM. (LH) MARY E. LANDRY REAR ADM. (LH) RONALD J. RABAGO f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) PAUL F. ZUKUNFT PROGRAM AS CHIEF OF STAFF, UNITED STATES AIR FORCE, AND APPOINTMENT TO THE GRADE INDICATED WHILE AS- THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- Mr. DURBIN. Mr. President, Sen- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- BILITY UNDER TITLE 10, U.S.C., SECTIONS 8033 AND 601: CER IN THE UNITED STATES COAST GUARD IN THE ators should be prepared for two roll- To be general GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: call votes to begin at approximately To be lieutenant 5:20 p.m. tomorrow, Friday, on the mo- GEN. NORTON A. SCHWARTZ tion to disagree with respect to the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEPHEN E. WEST IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- housing legislation, to be followed by a CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- vote on the motion to invoke cloture AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION CER IN THE UNITED STATES COAST GUARD IN THE 601: on the motion to proceed to S. 2731, the GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: To be general global AIDS legislation. To be lieutenant GEN. DUNCAN J. MCNABB f ELISA M. GARRITY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ADJOURNMENT UNTIL 3:30 P.M. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE f TOMORROW AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Mr. DURBIN. Mr. President, if there 601: CONFIRMATIONS is no further business to come before To be lieutenant general the Senate, I ask unanimous consent LT. GEN. WILLIAM L. SHELTON Executive nominations confirmed by that it stand adjourned under the pre- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Senate July 10, 2008: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- vious order. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE IN THE ARMY There being no objection, the Senate, AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT at 11:35 p.m., adjourned until Friday, 601: IN THE UNITED STATES ARMY TO THE GRADE INDICATED July 11, 2008, at 3:30 p.m. To be lieutenant general WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MAJ. GEN. JEFFREY A. REMINGTON f To be general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- GEN. DAVID H. PETRAEUS TION 8037: Executive nominations received by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general IN THE UNITED STATES ARMY TO THE GRADE INDICATED the Senate: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEPARTMENT OF DEFENSE MAJ. GEN. JACK L. RIVES RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE ARMY ROBERT HASTINGS, OF MARYLAND, TO BE AN ASSIST- To be general ANT SECRETARY OF DEFENSE, VICE DORRANCE SMITH. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. RAYMOND T. ODIERNO BROADCASTING BOARD OF GOVERNORS IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE ABOVE NOMINATIONS WERE APPROVED SUBJECT CLIFFORD D. MAY, OF MARYLAND, TO BE A MEMBER OF RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- THE BROADCASTING BOARD OF GOVERNORS FOR A TERM To be general QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY EXPIRING AUGUST 13, 2009, VICE MARK MCKINNON. CONSTITUTED COMMITTEE OF THE SENATE. NATIONAL COUNCIL ON THE HUMANITIES LT. GEN. MARTIN E. DEMPSEY JOYCE LEE MALCOLM, OF VIRGINIA, TO BE A MEMBER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A IN THE UNITED STATES ARMY TO THE GRADE INDICATED TERM EXPIRING JANUARY 26, 2014, VICE MARGUERITE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND SULLIVAN, TERM EXPIRED. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WITHDRAWAL ROBERT L. PAQUETTE, OF NEW YORK, TO BE A MEMBER To be general OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A Executive Message transmitted by TERM EXPIRING JANUARY 26, 2014, VICE ELIZABETH FOX- LT. GEN. CARTER F. HAM GENOVESE, TERM EXPIRED. the President to the Senate on July 10, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT POSTAL REGULATORY COMMISSION IN THE UNITED STATES ARMY TO THE GRADE INDICATED 2008 withdrawing from further Senate RUTH Y. GOLDWAY, OF CALIFORNIA, TO BE A COMMIS- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND consideration the following nomina- SIONER OF THE POSTAL REGULATORY COMMISSION FOR RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: tion: THE TERM EXPIRING NOVEMBER 22, 2014. (REAPPOINT- To be lieutenant general MENT) MARK MCKINNON, OF TEXAS, TO BE A MEMBER OF THE LT. GEN. RICHARD P. ZAHNER THE JUDICIARY BROADCASTING BOARD OF GOVERNORS FOR A TERM EX- IN THE NAVY PIRING AUGUST 13, 2009, VICE FAYZA VERONIQUE BOULAD CHRISTINE M. ARGUELLO, OF COLORADO, TO BE RODMAN, TO WHICH POSITION HE WAS APPOINTED DUR- UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ING THE LAST RECESS OF THE SENATE, WHICH WAS COLORADO, VICE WALKER D. MILLER, RETIRED. TO THE GRADE UNDER TITLE 10, U.S.C., SECTION 5148: SENT TO THE SENATE ON JANUARY 9, 2007.

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