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, TUESDAY, JULY 22, 2008 No. 120 Senate The Senate met at 10 a.m. and was appoint the Honorable JON TESTER, a Sen- A bill (S. 3297) to advance America’s prior- called to order by the Honorable JON ator from the State of Montana, to perform ities. TESTER, a Senator from the State of the duties of the Chair. Mr. REID. Mr. President, I now ask Montana. ROBERT C. BYRD, for its second reading and object to my President pro tempore. own request. PRAYER Mr. TESTER thereupon assumed the The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. pore. Objection is heard. fered the following prayer: f The bill will receive its second read- Let us pray. RECOGNITION OF THE MAJORITY ing on the next legislative day. Almighty God, before whose face the LEADER generations rise and fall, we pause to f The ACTING PRESIDENT pro tem- thank You for Your loving kindness in pore. The majority leader is recog- CLEAN BOATING ACT OF 2008 the morning and Your faithfulness nized. every night. Cleanse the purposes and desires of our lawmakers as they face f CLARIFYING PERMITS FOR DIS- the tasks committed to their hands. SCHEDULE CHARGES FROM CERTAIN VES- May they walk with You throughout Mr. REID. Mr. President, following SELS this day in trust and peace. Lord, may leader remarks, the Senate will resume Mrs. MURRAY. Mr. President, I ask they not be afraid to face facts, how- consideration of the motion to proceed unanimous consent that the Senate ever unpleasant. When the way is un- to the energy speculation legislation. proceed to the immediate consider- certain and the problems baffling, in- Sometime after 11 today, the Senate ation of the following bills en bloc: Cal- spire them to ask You for light for but will proceed to a rollcall vote on the endar No. 832, S. 2766, and S. 3298, intro- one step at a time. Keep their lips motion to proceed to the bill. The Sen- duced earlier today by Senator MUR- clean and their thoughts pure, and may ate will recess from 12:30 until 2:15 in KOWSKI. they never doubt the ultimate triumph order to allow for the weekly caucus The ACTING PRESIDENT pro tem- of truth. Let Your kingdom come in us luncheons. Tomorrow, there will be a pore. The clerk will report the bills by and through us. classified briefing for Senators in S–407 title. We pray in Your great Name. Amen. from 4 until 5:30 p.m. with National Se- The bill clerk read as follows: f curity Adviser Stephen Hadley. A bill (S. 2766) to amend the Federal Water PLEDGE OF ALLEGIANCE f Pollution Control Act to address certain dis- The Honorable JON TESTER led the ORDER OF PROCEDURE charges incidental to the normal operation Pledge of Allegiance, as follows: of a recreational vessel. Mr. REID. I ask unanimous consent A bill (S. 3298) to clarify the circumstances I pledge allegiance to the Flag of the that the final 20 minutes prior to the during which the Administrator of the Envi- United States of America, and to the Repub- cloture vote today be divided between ronmental Protection Agency and applicable lic for which it stands, one nation under God, States may require permits for discharges indivisible, with liberty and justice for all. Senator MCCONNELL and me or our des- ignees, with my controlling the final 10 from certain vessels, and to require the Ad- f minutes. ministrator to conduct a study of discharges APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- incidental to the normal operation of ves- PRESIDENT PRO TEMPORE pore. Without objection, it is so or- sels. There being no objection, the Senate The PRESIDING OFFICER. The dered. proceeded to consider the bills en bloc. clerk will please read a communication f Ms. MURKOWSKI. Mr. President, I to the Senate from the President pro MEASURE READ THE FIRST rise today to support legislation that tempore (Mr. BYRD). TIME—S. 3297 will provide a 2-year moratorium on The legislative clerk read the fol- National Pollution Discharge Elimi- lowing letter: Mr. REID. Mr. President, S. 3297 is at the desk. I ask for its first reading. nation System permits for all commer- U.S. SENATE, The ACTING PRESIDENT pro tem- cial fishing vessels of any size and for PRESIDENT PRO TEMPORE, Washington, DC, July 22, 2008. pore. The clerk will report the bill by all other commercial vessels less then To the Senate: title. 79 feet. The legislation requires the Under the provisions of rule I, paragraph 3, The assistant legislative clerk read EPA, working with the Coast Guard, to of the Standing Rules of the Senate, I hereby as follows: conduct a 15-month study during the

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

S6981

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VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6982 CONGRESSIONAL RECORD — SENATE July 22, 2008 moratorium period to evaluate the im- system was focused on invasive species ‘‘(1) APPLICABILITY.—This subsection ap- pacts of various discharges from ves- and ballast water. Neither recreational plies to any discharge, other than a dis- sels and report their findings to Con- nor small commercial vessels have bal- charge of sewage, from a recreational vessel gress for the purposes of making final last tanks and very few are ocean- that is— decisions on vessel discharge permit re- ‘‘(A) incidental to the normal operation of going vessels. the vessel; and quirements. Enactment of this legislation, to- ‘‘(B) exempt from permitting requirements Discharges incidental to the normal gether with the Clean Boating Act will under section 402(r). operation of vessels have been exempt provide the recreation sector an ex- ‘‘(2) DETERMINATION OF DISCHARGES SUBJECT from NPDES permits under the Clean emption and commercial boats a two TO MANAGEMENT PRACTICES.— Water Act since 1973. The National Pol- year waiver with the possibility for ex- ‘‘(A) DETERMINATION.— lution Discharge Elimination System emptions based on the outcome of the ‘‘(i) IN GENERAL.—The Administrator, in was developed for industrial sources of discharge study. consultation with the Secretary of the de- pollution and was not designed for mo- It was a collaborative, negotiated partment in which the Coast Guard is oper- bile sources. In 2006, the U.S. District ating, the Secretary of Commerce, and inter- process that developed the Clean Boat- ested States, shall determine the discharges Court for Northern California ruled ing Act and the commercial morato- that the EPA exceeded its authority incidental to the normal operation of a rec- rium legislation. I ask my colleagues reational vessel for which it is reasonable under the Clean Water Act in exempt- to support both of these bills and I ask and practicable to develop management ing these discharges and issued an that they both pass by unanimous con- practices to mitigate adverse impacts on the order revoking the exemption and re- sent today. waters of the United States. quiring the agency to permit these dis- Mrs. MURRAY. Mr. President, I ask ‘‘(ii) PROMULGATION.—The Administrator charges by September 30, 2008. The unanimous consent that the bills be shall promulgate the determinations under EPA has appealed the decision, but in read a third time and passed, en bloc, clause (i) in accordance with section 553 of title 5, United States Code. the meantime, the agency has proposed the motions to reconsider be laid upon to permit both recreational and com- ‘‘(iii) MANAGEMENT PRACTICES.—The Ad- the table, with no intervening action ministrator shall develop management prac- mercial vessels under two general per- or debate, en bloc, and that any state- tices for recreational vessels in any case in mits. While the EPA has proposed a ments relating to the bills be printed which the Administrator determines that general permit system that does not in the RECORD. the use of those practices is reasonable and require individual permits, all commer- The ACTING PRESIDENT pro tem- practicable. cial and recreational vessels would still pore. Without objection, it is so or- ‘‘(B) CONSIDERATIONS.—In making a deter- be subject to the regulations, fines, and dered. mination under subparagraph (A), the Ad- ministrator shall consider— enforcement and citizen lawsuits of the The bills were ordered to be en- Clean Water Act. Considering inci- ‘‘(i) the nature of the discharge; grossed for a third reading, were read ‘‘(ii) the environmental effects of the dis- dental discharges for these vessels have the third time, and passed, as follows: charge; been exempt for the past 35 years, it is S. 2766 ‘‘(iii) the practicability of using a manage- hard to support permitting when we Be it enacted by the Senate and House of Rep- ment practice; have such a dearth of information resentatives of the United States of America in ‘‘(iv) the effect that the use of a manage- about what the discharges are, espe- Congress assembled, ment practice would have on the operation, operational capability, or safety of the ves- cially for small commercial and rec- SECTION 1. SHORT TITLE. reational boats. sel; This Act may be cited as the ‘‘Clean Boat- ‘‘(v) applicable Federal and State law; The commercial moratorium bill di- ing Act of 2008’’. rects the EPA to study the incidental ‘‘(vi) applicable international standards; SEC. 2. DISCHARGES INCIDENTAL TO THE NOR- and discharges of commercial vessels to de- MAL OPERATION OF RECREATIONAL ‘‘(vii) the economic costs of the use of the termine the volume, type and fre- VESSELS. management practice. Section 402 of the Federal Water Pollution quency of various categories and sizes ‘‘(C) TIMING.—The Administrator shall— of vessels. It is my sincere hope that Control Act (33 U.S.C. 1342) is amended by ‘‘(i) make the initial determinations under after the results of the study are re- adding at the end the following: subparagraph (A) not later than 1 year after ‘‘(r) DISCHARGES INCIDENTAL TO THE NOR- ported to the Senate Environment and the date of enactment of this subsection; and MAL OPERATION OF RECREATIONAL VESSELS.— ‘‘(ii) every 5 years thereafter— Public Works and Commerce Commit- No permit shall be required under this Act tees, and the House Transportation and ‘‘(I) review the determinations; and by the Administrator (or a State, in the case ‘‘(II) if necessary, revise the determina- Infrastructure Committee, Congress of a permit program approved under sub- tions based on any new information avail- will take action to exempt commercial section (b)) for the discharge of any able to the Administrator. graywater, bilge water, cooling water, vessels, as we are now doing for the ‘‘(3) PERFORMANCE STANDARDS FOR MANAGE- weather deck runoff, oil water separator ef- recreational sector under the Clean MENT PRACTICES.— fluent, or effluent from properly functioning Boating Act. The commercial vessels ‘‘(A) IN GENERAL.—For each discharge for marine engines, or any other discharge that that will be included are commercial which a management practice is developed is incidental to the normal operation of a under paragraph (2), the Administrator, in fishing vessels of any size and other vessel, if the discharge is from a recreational commercial vessels less then 79 feet. I consultation with the Secretary of the de- vessel.’’. partment in which the Coast Guard is oper- need to clarify that it is my under- SEC. 3. DEFINITION. ating, the Secretary of Commerce, other in- standing that a commercial fishing Section 502 of the Federal Water Pollution terested Federal agencies, and interested vessel is one that previously or is pres- Control Act (33 U.S.C. 1362) is amended by States, shall promulgate, in accordance with ently engaged in the harvesting, taking adding at the end the following: section 553 of title 5, United States Code, or catching of commercial fish. Many ‘‘(25) RECREATIONAL VESSEL.— Federal standards of performance for each commercial fishing boats in the United ‘‘(A) IN GENERAL.—The term ‘recreational management practice required with respect States also work as fish tenders and it vessel’ means any vessel that is— to the discharge. ‘‘(i) manufactured or used primarily for is my intention that the fishing vessels ‘‘(B) CONSIDERATIONS.—In promulgating pleasure; or standards under this paragraph, the Admin- working in this capacity are also in- ‘‘(ii) leased, rented, or chartered to a per- istrator shall take into account the consider- cluded in the covered vessels under the son for the pleasure of that person. ations described in paragraph (2)(B). commercial moratorium bill. ‘‘(B) EXCLUSION.—The term ‘recreational ‘‘(C) CLASSES, TYPES, AND SIZES OF VES- I also support S. 2766, the Clean Boat- vessel’ does not include a vessel that is sub- SELS.—The standards promulgated under this ing Act of 2008. This legislation ex- ject to Coast Guard inspection and that— paragraph may— empts recreational vessels from the ‘‘(i) is engaged in commercial use; or ‘‘(i) distinguish among classes, types, and NPDES permitting while the EPA de- ‘‘(ii) carries paying passengers.’’. sizes of vessels; velops best management practices for SEC. 4. MANAGEMENT PRACTICES FOR REC- ‘‘(ii) distinguish between new and existing this sector. Neither category of vessels REATIONAL VESSELS. vessels; and Section 312 of the Federal Water Pollution ‘‘(iii) provide for a waiver of the applica- has documented discharge levels that Control Act (33 U.S.C. 1322) is amended by bility of the standards as necessary or appro- have been shown to be harmful to the adding at the end the following: priate to a particular class, type, age, or size environment. The court case that re- ‘‘(o) MANAGEMENT PRACTICES FOR REC- of vessel. quired the EPA to develop this permit REATIONAL VESSELS.— ‘‘(D) TIMING.—The Administrator shall—

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S6983 ‘‘(i) promulgate standards of performance the case of a permit program approved under (3) discharges of ballast water. for a management practice under subpara- section 402 of the Federal Water Pollution (d) PUBLIC COMMENT; REPORT.—The Admin- graph (A) not later than 1 year after the date Control Act (33 U.S.C. 1342), shall not require istrator shall— of a determination under paragraph (2) that a permit under that section for a covered (1) publish in the Federal Register for pub- the management practice is reasonable and vessel for— lic comment a draft of the study required practicable; and (1) any discharge of effluent from properly under subsection (a); ‘‘(ii) every 5 years thereafter— functioning marine engines; (2) after taking into account any com- ‘‘(I) review the standards; and (2) any discharge of laundry, shower, and ments received during the public comment ‘‘(II) if necessary, revise the standards, in galley sink wastes; or period, develop a final report with respect to accordance with subparagraph (B) and based (3) any other discharge incidental to the the study; and on any new information available to the Ad- normal operation of a covered vessel. (3) not later than 15 months after the date ministrator. (b) EXCEPTIONS.—Subsection (a) shall not of enactment of this Act, submit the final re- ‘‘(4) REGULATIONS FOR THE USE OF MANAGE- apply with respect to— port to— MENT PRACTICES.— (1) rubbish, trash, garbage, or other such (A) the Committee on Transportation and ‘‘(A) IN GENERAL.—The Secretary of the de- materials discharged overboard; Infrastructure of the House of Representa- partment in which the Coast Guard is oper- (2) other discharges when the vessel is op- tives; and ating shall promulgate such regulations gov- erating in a capacity other than as a means (B) the Committees on Environment and erning the design, construction, installation, of transportation, such as when— Public Works and Commerce, Science, and and use of management practices for rec- (A) used as an energy or mining facility; Transportation of the Senate. reational vessels as are necessary to meet (B) used as a storage facility or a seafood f the standards of performance promulgated processing facility; under paragraph (3). (C) secured to a storage facility or a sea- RECOGNITION OF THE MINORITY food processing facility; or ‘‘(B) REGULATIONS.— LEADER ‘‘(i) IN GENERAL.—The Secretary shall pro- (D) secured to the bed of the ocean, the mulgate the regulations under this para- contiguous zone, or waters of the United The ACTING PRESIDENT pro tem- graph as soon as practicable after the Ad- States for the purpose of mineral or oil ex- pore. The Republican leader is recog- ministrator promulgates standards with re- ploration or development; nized. spect to the practice under paragraph (3), but (3) any discharge of ballast water; or not later than 1 year after the date on which (4) any discharge in a case in which the Ad- f the Administrator promulgates the stand- ministrator or State, as appropriate, deter- mines that the discharge— UNANIMOUS-CONSENT ards. AGREEMENT—S. 3268 ‘‘(ii) EFFECTIVE DATE.—The regulations (A) contributes to a violation of a water promulgated by the Secretary under this quality standard; or Mr. MCCONNELL. Mr. President, in paragraph shall be effective upon promulga- (B) poses an unacceptable risk to human connection with debate on the motion tion unless another effective date is specified health or the environment. to proceed, I ask unanimous consent in the regulations. SEC. 3. STUDY OF DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS. that the time allocated to my side be- ‘‘(iii) CONSIDERATION OF TIME.—In deter- fore the vote be equally divided be- mining the effective date of a regulation pro- (a) IN GENERAL.—The Administrator, in mulgated under this paragraph, the Sec- consultation with the Secretary of the de- tween Senator DOMENICI and Senator retary shall consider the period of time nec- partment in which the Coast Guard is oper- CORNYN. essary to communicate the existence of the ating and the heads of other interested Fed- The ACTING PRESIDENT pro tem- eral agencies, shall conduct a study to evalu- regulation to persons affected by the regula- pore. Without objection, it is so or- ate the impacts of— tion. (1) any discharge of effluent from properly dered. ‘‘(5) EFFECT OF OTHER LAWS.—This sub- functioning marine engines; section shall not affect the application of f (2) any discharge of laundry, shower, and section 311 to discharges incidental to the galley sink wastes; and A SERIOUS SOLUTION normal operation of a recreational vessel. (3) any other discharge incidental to the ‘‘(6) PROHIBITION RELATING TO REC- Mr. MCCONNELL. Mr. President, normal operation of a vessel. REATIONAL VESSELS.—After the effective date today the Senate will continue debate (b) SCOPE OF STUDY.—The study under sub- of the regulations promulgated by the Sec- section (a) shall include— on the No. 1 domestic issue facing the retary of the department in which the Coast (1) characterizations of the nature, type, Nation, but it now seems clear that the Guard is operating under paragraph (4), the and composition of discharges for— majority is not interested in a full and owner or operator of a recreational vessel (A) representative single vessels; and open debate, is not interested in good shall neither operate in nor discharge any (B) each class of vessels; ideas from all sides, and is designing discharge incidental to the normal operation (2) determinations of the volumes of those of the vessel into, the waters of the United floor debate that is designed to fail. discharges, including average volumes, for— That is simply unacceptable. I was dis- States or the waters of the contiguous zone, (A) representative single vessels; and if the owner or operator of the vessel is not (B) each class of vessels; turbed to read this morning that our using any applicable management practice (3) a description of the locations, including friends on the other side are consid- meeting standards established under this the more common locations, of the dis- ering only a brief and limited consider- subsection.’’. charges; ation of this bill. It is troubling that at S. 3298 (4) analyses and findings as to the nature a time of $4.06-a-gallon gas, the Senate Be it enacted by the Senate and House of Rep- and extent of the potential effects of the dis- would treat the issue as if it is some resentatives of the United States of America in charges, including determinations of wheth- technical corrections bill. Let me as- Congress assembled, er the discharges pose a risk to human sure my friends it is not. SECTION 1. DEFINITIONS. health, welfare, or the environment, and the In this Act: nature of those risks; Let’s be absolutely clear, Repub- (1) ADMINISTRATOR.—The term ‘‘Adminis- (5) determinations of the benefits to licans will not accept a perfunctory ap- trator’’ means the Administrator of the En- human health, welfare, and the environment proach to the problem. We are not con- vironmental Protection Agency. from reducing, eliminating, controlling, or tent with a check-the-box exercise. (2) COVERED VESSEL.—The term ‘‘covered mitigating the discharges; and More important, the American people vessel’’ means a vessel that is— (6) analyses of the extent to which the dis- will not accept a timid approach to (A) less than 79 feet in length; or charges are currently subject to regulation such a major problem. This is the big- (B) a fishing vessel (as defined in section under Federal law or a binding international gest issue in the country by far. The 2101 of title 46, United States Code), regard- obligation of the United States. less of the length of the vessel. (c) EXCLUSION.—In carrying out the study only thing I can recall in recent years (3) OTHER TERMS.—The terms ‘‘contiguous under subsection (a), the Administrator shall that rivals it was terrorism right after zone’’, ‘‘discharge’’, ‘‘ocean’’, and ‘‘State’’ exclude— 9/11. The Republican conference is in- have the meanings given the terms in sec- (1) discharges from a vessel of the Armed terested in a solution. We are not in- tion 502 of the Federal Water Pollution Con- Forces (as defined in section 312(a) of the terested in holding a pair of votes so trol Act (33 U.S.C. 1362). Federal Water Pollution Control Act (33 that we can go home with political SEC. 2. DISCHARGES INCIDENTAL TO NORMAL U.S.C. 1322(a)); cover to blame the other side for our OPERATION OF VESSELS. (2) discharges of sewage (as defined in sec- (a) NO PERMIT REQUIREMENT.—Except as tion 312(a) of the Federal Water Pollution collective lack of accomplishment. provided in subsection (b), during the 2-year Control Act (33 U.S.C. 1322(a)) from a vessel, Let’s be clear, speculation-only legis- period beginning on the date of enactment of other than the discharge of graywater from a lation is a very little piece to a mas- this Act, the Administrator, or a State in vessel operating on the Great Lakes; and sive problem. Americans are facing

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6984 CONGRESSIONAL RECORD — SENATE July 22, 2008 that problem every day at the pump. the Democrats, think speculation is is not where it is. We have to get away The American people are speaking very part of what is driving up these oil from our addiction to oil. We have to clearly about what needs to be done, prices. But we didn’t just dream this get rid of our addiction to oil. Al Gore and the Senate has the ability to an- up. Academics, economists say that the says that. He lays out the problem very swer their call. Americans are going to cost of oil is 20 to 50 percent specula- well. Here comes T. Boone Pickens continue to demand a serious solution tion. My friend the Republican leader with a solution. He says we should have that gets at both supply and demand. said it is a little issue, speculation. If a little bridge, after a few years of Nothing less can be seen as a solution. the price is 20 to 50 percent specula- using natural gas, and then it should be Nobody can say with a straight face tion, according to which economist or all renewable energy. that simply addressing speculation, a academic one talks to, that is a pretty We have tried now for months to get very narrow part of the problem, is a big deal. If you lower the price of oil by a renewable energy tax credit. Senator serious approach. 20 percent, that lowers gasoline well DURBIN asked me to meet with one of The majority seems less concerned below $4 a gallon; 50 percent knocks it his constituents yesterday. I was so with passing a bill which can bring to $2 a gallon. That sounds like a pret- impressed with this man. He is an im- down the price of gas and more con- ty big issue to me. migrant to the United States from the cerned with just passing some bill. But I don’t think it is just by chance that Ukraine. He has made a couple for- it wasn’t too long ago that the major- once we introduced this bill, oil prices tunes. He is now a big player in wind- ity party, regardless of which party started to drop, because much of the mills. was in control, welcomed an open de- speculation takes place by people who He has 2,000 megawatts of electricity bate on energy legislation. have no inkling they will ever use the being produced from windmills. That is Let’s look back to last year. Last oil. Prior to 2006, it was against the a lot of electricity—a lot of electricity. year, when the Senate considered the law, but the Republican-dominated It is much larger than the coal-fired Energy Independence and Security Act Congress passed a law saying you don’t generating plant which was one of the and when gas was $3.06 a gallon, 49 have to take possession of the oil; you largest in the country in Mojave in Ne- amendments were agreed to out of the can just go ahead and buy it. That is vada which just closed because it was 331 which were filed. Of those amend- what has happened. That is why specu- so dirty. It is bigger than that. It is ments, 16 received rollcall votes. In lation is an important piece of legisla- huge what he is doing. But he came to 2005, when the price of gas was $2.26 a tion. us and said: I am about to lose every- gallon, a Republican majority allowed Let’s assume that is all we did, noth- thing—everything—because the banks 19 rollcall votes on amendments during ing but speculation. Remember, it is are going to withdraw my loans be- debate on the Energy Policy Act of part of their bill, and we think it is a cause the tax credit is not here next 2005. A total of 57 amendments were big part of what is the problem in year. agreed to out of 235 proposed. Neither America today. Let’s assume we only So here is the picture—again, talking of these bills was rushed through in did that. That would seem to be a pret- about a picture for the third time. The less than a week. We spent 15 days on ty big step in the right direction, if we Republicans have obviously told us the floor debating last year’s Energy were able, with a piece of legislation, they are going to block legislation bill and 10 days in 2005 because we to lower the price of oil even by the dealing with oil. We have said: Let’s do wanted to make sure we got it right, small amount of 20 percent and maybe speculation. They have talked now for that ideas from both sides were consid- by the 50 percent some say. But they weeks about drilling. They have talked ered, that the legislation would have obviously do not want us to do that. about what the oil companies are ad- the needed impact. Let’s go to the next step. vertising they want to do with full- We need to do that again. The cur- We see ads being paid for all over the page ads. They want to drill. They rent cost of gas is a serious problem country by whom? Oil companies. Oil want to leave the decision to be made that requires a very serious approach. companies are saying: Join with our by the Governors. The Senate insults the American peo- Republican colleagues in the Senate We have said now for more than a ple if it treats this problem with any- and drill more, drill more, drill more. week: Let’s vote on that. No, that is thing less than the seriousness such a You get the picture? Oil companies, not what we want to do. The Repub- big problem requires. We need to find Republicans in the Senate? Repub- lican whip yesterday told the Demo- more and use less. We need to consider licans are looking at these ads paid for cratic whip they have 28 amendments. good ideas from all sides, and we need by the big oil companies, full-page ads. That is not a serious effort to move to take seriously that energy is the No. They can afford them. They made forward on this legislation. They have 1 issue facing our country and act on it $250 billion last year. been saying and following the lead of now. We simply can’t go through a We Democrats are not opposed to the oil companies saying: We want to failed process, claim credit for trying, drilling. Right now, there is 68 million use less, drill more. And we are saying: and then go home. Americans know acres available onshore and offshore. In Let’s vote on your proposal. They are better, and Americans expect more. addition, there is a lot of oil in other saying, no, no way, because we are fili- I yield the floor. places. All the Interior Department has bustering another piece of legislation— to do is lease the land. They have the f 83. authority to do that. There is no mora- So the American people understand RECOGNITION OF THE MAJORITY torium on any of that. In Alaska alone, we have people over there on that side LEADER there is 25 million additional acres of the aisle who have joined with big The ACTING PRESIDENT pro tem- which oil people say is a gold mine for oil. They are very happy they are run- pore. The majority leader is recog- oil. They can go drill there now. What ning the ads. They are saying: No, we nized. the Republicans want—and we see what are not going to do anything about f they are doing here—is to protect the speculation, and even though we have oil companies. Just as Bush and CHE- talked about this great panacea to all BLOCKING SOLUTIONS NEY have done for 8 years, the most oil- the problems America faces, we will Mr. REID. Mr. President, the code friendly administration in our history drive down prices immediately with word is that all Democrats want to do is now being supported by their friends, our amendment on drilling. We are say- something ‘‘perfunctory.’’ That is code as they have for 8 years, Republicans in ing: Fine, let’s vote on your amend- for blocking another bill. We are up to the Senate. ment. They say: No, thanks. 83. They have blocked those. Obviously, Republicans in the Senate, the oil Mr. CORNYN. Mr. President, will the they are now going to block this oil companies, they want yesterday for- distinguished majority leader yield for legislation. ever. We want to change. That is why one question? Look at this picture. The Repub- someone like T. Boone Pickens has Mr. REID. Mr. President, I will be licans introduced their bill on what to joined with Al Gore. Get that picture happy to yield. do about the energy problems. Part of again. T. Boone Pickens and Al Gore? Mr. CORNYN. Mr. President, I would that bill deals with speculation. We, They have joined together saying: Oil ask the distinguished majority leader,

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S6985 I am informed he had stated in his ear- Senate will resume consideration of price of a barrel of oil on any given day lier remarks that 20 percent of the the motion to proceed to S. 3268, which may not be very important. Whether problem we have with high oil prices the clerk will report by title. the price is $5 or $500 per barrel, their now is the result of speculation. I was The assistant legislative clerk read oil market positions are designed to wondering if the distinguished major- as follows: balance the risk they have in other ity leader would—that is the first time Motion to proceed to the bill (S. 3268) to parts of their portfolio, and they have I had heard that figure. I wonder if he amend the Commodity Exchange Act to pre- made a policy judgment to put 10 per- could provide a citation or some vent excessive price speculation with respect cent of their portfolio in commodity place—— to energy commodities, and for other pur- markets, the oil market being prime Mr. REID. Mr. President, I would say poses. among those. to my friend, if it is the first time you The ACTING PRESIDENT pro tem- So the question for policymakers is have heard it, with all due respect, you pore. Under the previous order, there whether this investment—this new fun- have not been listening to what has will be 1 hour of debate, equally divided damental: the demand for paper bar- been going on on the Senate floor. I am and controlled between the two leaders rels, as it was referred to at our work- not the only one who has said it. Many or their designees prior to the vote on shop last week—has begun to swamp people have said it. I would be happy to the motion to invoke cloture. the price signals that are generated by place in the RECORD—and the first per- The Senator from New Mexico. the more traditional hedgers, the large son we will place in the RECORD is Mr. BINGAMAN. Mr. President, later producers, and consumers of petroleum somebody who was a high-ranking offi- this morning, we are scheduled to vote products in tune to the real-time dy- cial with the commodity futures trad- on the motion to proceed to the legisla- namics of supply and demand. Supply ing organization, where he says it is 50 tion that the majority leader was refer- and demand is still a significant factor percent. Now, that is in the RECORD al- ring to. This legislation is entitled the in the price of oil. There is no question ready. I will be happy to repeat his Stop Excessive Energy Speculation Act about that. But these new fundamen- name, and we will spread this all of 2008. This is legislation that is de- tals are also a significant factor in the through the RECORD. He says 50 per- signed to shed additional light on trad- view of many experts who have testi- cent. Many others say it is 20 percent. ing activities in global oil markets. fied to our committee. That is why we believe speculation is I hope very much the Senate will During the course of the multiple an important piece of this legislation. vote to invoke cloture this morning hearings we have held in the Energy I say to my friend from Texas, as I and that we can proceed, and do so in Committee, through a series of related said earlier, if the man who says it is a bipartisan fashion, to debate the leg- correspondence we have had with the as much as 50 percent wrong, and it is islation. The topic of speculative in- Commodity Futures Trading Commis- only 20 percent, that is still a big vestment in our energy markets has sion, and in the ensuing debate in the chunk out of this, and it must mean it been the subject of many hearings Senate, I believe that a compelling is worthwhile pursuing because in the throughout many committees of the case has been made that the Com- Republicans’ proposal you have in your Senate. modity Futures Trading Commission proposal a speculation piece. In our own committee, the Senate requires more authority, needs more Mr. CORNYN. Mr. President, I would Energy and Natural Resources Com- authority, needs more resources, needs respond briefly and say to the distin- mittee that I chair, along with a hand- more explicit direction from Congress guished majority leader, I have been ful of other committees, we have had to examine these issues in detail. listening. I have been on the floor lit- something approaching 30 or 40 hear- That is what Senator REID’s legisla- erally every day talking about this ings during the 110th Congress on this tion tries to accomplish. Senator issue. But I will say what surprised me subject. We have heard testimony from REID’s legislation would provide the about the 20-percent figure is that War- industry analysts, traditional pro- CFTC, the Commodity Futures Trading ren Buffett, the CEO of Berkshire ducers and consumers of petroleum Commission, with the tools to do that. Hathaway, said it is not speculation products, that the recent runup in It does several things. Let me mention that is driving up the price of oil, it is crude prices can be attributed, at least a few. supply and demand. in part—and there is debate about So that is why I was asking for a ci- It codifies recent CFTC initiatives whether it is 20 percent or more or less, tation because it is the first time I related to the conditions under which but this runup in prices can be attrib- have heard it. I do not think I am the the United States will allow traders ac- uted, at least in part, to what are re- only one, and I have been listening. cess to foreign boards of trade on which ferred to by some of the experts as the Mr. REID. Before I leave the floor, energy commodity contracts are listed. ‘‘new fundamentals’’ in our energy Mr. President, I will simply say that That is an important signal to the markets. Warren Buffett is a great guy. I like market that the United States will We had Dan Yergin, from Cambridge him very much. But keep in mind, he take a stronger stand on efforts to cir- Energy Associates, who testified at a has not made his money in oil. He has cumvent domestic trading rules. workshop we had in the Energy and made his money selling furniture and The second thing it does is it pro- Natural Resources Committee last insurance and other things of that na- vides much greater transparency in week, and he talked about the new fun- ture. Warren Buffett is a great person. over-the-counter markets. This is an- damentals, as he has now for some I have great respect for his ability to other key building block to putting in time. These new fundamental forces in- make money. But he has not made it in place forward-leaning regulatory poli- clude nontraditional investment flows oil. I think we need to look at some of cies adapted to the increasingly global into energy commodity markets, as the other experts in this regard. and electronic environment in which I repeat, there must be some sub- asset managers seek to hedge against energy is bought and sold. stance to it. The Republicans have it in inflationary risks and hedge against The third thing this legislation does their legislation. the decline in the value of the dollar. is it includes a number of provisions This flight of investments into com- designed to shine additional light on f modities is a symptom of our ailing the nexus, or connection, between the RESERVATION OF LEADER TIME economy in general. But it also poses a physical commodity and the financial The ACTING PRESIDENT pro tem- number of serious questions from an energy markets, and to ask some of the pore. Under the previous order, the energy market perspective. Among same questions about natural gas mar- leadership time is reserved. those are whether and how the influx kets that we have been asking about f of billions of dollars in relatively pas- petroleum over the last few months. I sive investment is impacting the fun- believe this is an important effort. Par- STOP EXCESSIVE ENERGY SPECU- damental price-discovery functions ticularly it is an important effort in LATION ACT OF 2008—MOTION TO these financial markets are intended to light of what may prove to be a very PROCEED perform; that is to say, to some pen- difficult winter heating season. The ACTING PRESIDENT pro tem- sion fund managers and index investors There are clearly ways in which this pore. Under the previous order, the taking positions in the oil markets, the underlying legislation can be improved

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6986 CONGRESSIONAL RECORD — SENATE July 22, 2008 if we have the bipartisan will to do so. I am not saying this, but let’s say It does not just stop there. We say we In addition, I know some on the other somebody would say he is wrong and need to do something about rising elec- side of the aisle would like to expand Senator REID is right, it is 20 percent. tricity costs as well, so why can’t we the debate on the energy speculation How come we are not talking about build some nuclear powerplants? We bill to address, in addition, supply and that remaining 80 percent? That, have been told we cannot do that ei- demand-related issues. I believe Sen- frankly, is what our side of the aisle ther; that is blocked. ator REID has indicated an openness to would like to talk about. We would like Why can’t we figure a way to use the having that done as well, if we can to talk about a 100-percent solution, coal we have in America? We have been come together on a plan for consider- assuming that is humanly possible. called the Saudi Arabia of coal. The ation of amendments. I was in Texas this weekend. Yester- problem is, coal is dirty. But we have It is clear to me there is indeed more day I hosted a press conference at the the technology, we have the know-how, we can do on the topic of curtailing de- Flying J truckstop on I–35 in Waco, I believe, using good old-fashioned mand and expediting the availability of TX. I must tell you, all I hear from my American ingenuity and our world domestic supply in the United States. I constituents back home is how the class institutions of higher education hope we can offer proposals along these high price of gasoline is not only pinch- to do the research, to learn how to use lines in the days ahead. Hopefully, we ing their budget but making it harder it cleanly. Clean coal research and can find some areas of commonality on for them to get by. technology—that has been blocked as I also went to the North Texas Food those measures as well. well. The first step toward getting to this Bank in Dallas. Of course I talked to a Increasingly, it sounds as though ei- lot of the volunteers and other staff serious debate—which I think we all ther we are engaged in a nonsolution, if there who are doing great work pro- believe should occur—the first step to you believe Mr. Buffet—and the major- viding food for people who are hungry. achieving consensus in the Senate is to ity leader is going to confine us simply What they are telling me is that the invoke cloture this morning on the mo- to a speculation provision—or, at best, high price of fuel is increasing the cost tion to proceed to the energy specula- according to the majority leader’s own of food. Using ethanol, using corn for tion bill that Senator REID has brought words, we are only going to be dealing fuel, is causing additional pressure on forward. with 20 percent of the problem. I think food prices. We are finding that not I urge my colleagues to do so. we ought to deal with 100 percent of only are people suffering more at the I yield the floor. the problem. Unfortunately, it seems pump when they go to fill up their The ACTING PRESIDENT pro tem- as though every time we bring up the tank, actually they are finding it hard- pore. The Senator from Texas. issue of more domestic supply, our er to put food on the table, putting Mr. CORNYN. Mr. President, I thank friends on the other side of the aisle, more and more pressure on charitable the distinguished chairman of the Sen- who control the floor and control the ate Energy Committee, who is very organizations such as the North Texas Food Bank. agenda by virtue of their being in the knowledgable on this subject. I do say Try as we might, there is one law majority, have simply said: No. No. to him that I do believe that I and oth- that we simply can no longer refuse to Unfortunately, no new energy con- ers on this side of the aisle will vote to acknowledge, and that is the law of tinues to mean higher prices for the invoke cloture on the speculation pro- supply and demand. We know world de- American consumer. On this side of the aisle we have in- vision. But I do have some questions mand is going up because rising econo- troduced a bill that has the support of about it. mies such as China and India, countries First of all, I asked the majority of more than 1 billion people each, 46 Republicans. We skinnied it down to leader how much of the problem of the want more of what we have. They want try to eliminate controversial issues, high price of oil was caused by specula- to be able to buy cars, they want to be and we said: Let’s look at the specula- tion. He said some people say 20 per- able to drive those cars, they want the tion component. Let’s look at greater cent. I cited to him Warren Buffett, a prosperity that comes with access to transparency. Let’s look at putting multibillionaire, somebody who knows energy that we in America have had more cops on the beat, more human re- a lot about financing, and he said he pretty much to ourselves for a long sources to make sure we supervise and thought it was supply and demand. T. time. we analyze and we make sure we police Boone Pickens, one of my constituents, It is important for Congress to real- the commodity futures market for who has made a lot of waves here re- ize the one power we do have, frankly, abuses. But we don’t just stop there. cently, talking about the importance is the power to lift the moratorium on We don’t stop with a 20-percent solu- of wind energy and talking about the the 85 percent of the Outer Continental tion. We provide a comprehensive solu- importance of natural gas, said that fo- Shelf where we know there are vast tion by saying yes to domestic oil sup- cusing on speculation is a waste of supplies of oil and natural gas. For ply, using what God has given us in time. every barrel of oil that we produce in this country in a way that will allow us Now, I do not know whether it is a America, that is one barrel less we to be less dependent on imported oil waste of time or whether it is 20 per- have to buy from the Middle East, in- from the Middle East. cent. But I would ask the majority cluding OPEC, the Organization of Pe- As we continue to do that—and this leader, why are we only going to troleum Exporting Countries, which in- is the other component of the gas price focus—assuming you are right and cludes countries such as Iran, or from reduction bill I am referring to, that speculation is 20 percent of the prob- countries such as Venezuela, from has 46 cosponsors—we say let’s con- lem—why are we only going to focus on Hugo Chavez, someone who obviously tinue to do the research on renewable a 20-percent solution? Why not focus on does not wish us well. and alternative fuels because one day the 80 percent he is leaving on the We know there are ways to come up it may well be that we are all driving table by not talking about supply and with new sources. Unfortunately, every battery-powered cars that we literally demand? time we bring up new energy sources to plug into the wall socket at night to Of course, while Congress continues try to bring down the price of oil by charge those batteries. That is what to not do things that might have an producing more supply at home we are the major car companies are going to impact, we have seen, since January 4, told we cannot do that; that is, off- be introducing into the marketplace in 2007—since the Democratic majority shore exploration was blocked, oil 2010. took power—the price of gasoline, shale was blocked, which reportedly ac- As we continue to do research in which was $2.33 a gallon, today has counts for about 2 million additional wind energy or solar to generate elec- dropped just a little bit, dropped a barrels of oil that we can produce in tricity, we continue to do research into nickel, to $4.06 a gallon. America, in Colorado, Utah, and Wyo- how to use coal to transform it into Here is what Warren Buffet, the ming. ANWR, a 2,000-acre postage liquid so we can turn it into aviation chairman and CEO of Berkshire-Hatha- stamp in a huge expanse of land in the fuel. Believe it or not, that is what the way, told us: Arctic that could produce as many as 1 U.S. Air Force is doing right now. It is It’s not speculation, it is supply and de- million barrels of oil a day, that is flying some of its most sophisticated mand. blocked. airplanes using synthetic fuel made

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S6987 from coal, coal to liquid. The challenge You will get no change from those who My colleague just described a quote we have, of course, is to try to make come to the floor of the Senate and say from T. Boone Pickens. He must have sure we can sequester the carbon diox- let’s keep doing what we have been forgotten the quote from R. Boone ide produced from that. doing even though the hole is getting Pickens that says: You can’t drill your I don’t know why every time we try deeper. way out of this mess. You can’t drill to find more and we try to talk about Here is what is happening. We need your way out of this. What we need to the importance of conservation that to do first things first. The first hurdle decide as a country is we are not going our Democratic friends, including the in front of us is to shut down the dra- to have to go begging for oil from the majority leader, just simply say no. matic speculation on the oil futures Saudis, from Venezuela, Iraq, and else- Why they would offer either a non- market. Speculators were 37 percent of where because we have changed our en- solution or a 20-percent solution, de- the people in the oil futures market in ergy mix. pending on whether you want to be- the year 2000. Now oil speculators are So if 47 members of the minority lieve T. Boone Pickens or you want to 71 percent of the market. They have have talked about speculation being a believe the majority leader—T. Boone broken the market. There is nothing problem, perhaps we can at least ad- Pickens, who said just addressing spec- my colleagues can point to in the last dress this first issue. Then we should ulation is a waste of time; Warren Buf- 12 months that happened in supply and work on the wide range of other fet, who said it is not speculation but demand that would justify a doubling things—substantial conservation; sub- supply and demand that is the problem. of the price of oil—nothing. Yet, inter- stantial new initiatives with respect to But let’s say the majority leader is estingly enough, 47 Members of the energy efficiency; yes, more produc- right, and both of them are wrong. At other side of the aisle have said specu- tion; and most important, dramatic best we have a 20-percent solution. I lation is at least part of the problem. moves toward renewable energy: wind think America needs better than that. In fact, there is a provision on specula- energy, solar, geothermal, biomass. The strange thing about it is I don’t tion in the bill of Senator MCCONNELL, It is long past the time for this coun- know why we would resist going onto the minority leader’s bill that was of- try to decide we are going to change this bill and offering amendments that fered in the Senate. our energy mix. How are you ever would provide a 100-percent solution to If 47 of them believe speculation is going to get to hydrogen fuel cell vehi- America’s energy problems. Find more part of the problem, let’s at least ad- cles—or, in the interim, to electric ve- and use less is the formula we would dress that first. It seems to me if you hicles—if you do not get serious about like to see enacted in this legislation. are running the hurdles, you jump the deciding we are going to change our en- I yield the floor. hurdles in front of you. Why not do this ergy future? If you want to be yester- The ACTING PRESIDENT pro tem- first, even as we work on a wide range day forever, God bless you, but don’t pore. The Senator from North Dakota. of other issues as described by my col- count me among you. I don’t want to Mr. DORGAN. Mr. President, it is league, Senator BINGAMAN? We are be here 10 years from now—I don’t drilling, and we should continue to fascinating to come out here and listen know that I would be—but I don’t want drill in a responsible way in certain to false choices. Let me describe this to be here every single decade to see areas of the country. issue of find more, drill more. I am for the same folks coming to the Senate drilling. I am for everything. But that I was one of four Senators who helped open lease 181 in the Gulf of Mexico. It floor to say let’s keep digging the same is yesterday forever. It is the same hole. How? Just because drilling is the folks who every 10 years show up and was a big fight. Guess what. It has been open now for a couple of years, and only answer. say: Let’s keep doing what we have Mr. President, how much time have I there is not one drilling rig on it be- been doing, that sure is good, except cause the oil folks aren’t there. Yet consumed? the hole keeps getting deeper. If we The ACTING PRESIDENT pro tem- they send folks to the floor of the Sen- don’t have something that is game pore. Six-and-a-half minutes. ate to say we need to get Democrats to changing, 10 years from now they will Mr. DORGAN. I yield the floor. allow us to drill more. There are 8 mil- be back talking about ‘‘find more.’’ The ACTING PRESIDENT pro tem- lion acres we opened in the Gulf of The false choice is this: This chart pore. The Senator from Michigan is Mexico. There is substantial new oil shows the National Petroleum Reserve recognized. and gas available on those 8 million Alaska. We have made all 23 million Mr. LEVIN. Mr. President, day after acres. Yet they are not there drilling. acres of it available for drilling. Only day record-high oil and gasoline prices Why? are hurting millions of American con- 3.8 million acres have been leased. The entire master narrative in this There is more oil in the National Pe- debate in the Senate is the minority sumers and businesses. Unless we act, troleum Reserve Alaska than exists in wanting to say somehow the majority the record-high prices will continue to ANWR. An estimated 9 million barrels doesn’t support drilling. It is a false reverberate throughout our economy, of oil and 60 trillion cubic feet of nat- choice, and they know it. increasing the prices of transportation, ural gas are available in the National The question is this: Will they sup- food, manufacturing and everything in Petroleum Reserve Alaska. Yet some port shutting down the excessive re- between, endangering the economic se- policymakers trot out their little horn lentless speculation in the oil futures curity of our people and our Nation. ornament called ANWR and say: You markets? Will they support that? Are The price of crude oil recently have to agree to drill in ANWR or you they going to stand on the side of the reached a record high price of about are not for drilling. oil speculators and say we kind of like $147 per barrel. Sky-high crude oil How about this? How about this 23 what is going on; we like seeing the prices have led to record highs in the million acres? It is a canard and false price of oil double in a year? price of other fuels produced from choice to come out and suggest that Let me point out again that there is crude oil, including gasoline, heating somehow, as my colleague said, Demo- nothing that has happened in supply oil, diesel fuel, and jet fuel. The na- crats are against drilling. That is ab- and demand that would remotely jus- tional average price of gasoline is at a surd. It is just not the case. tify the doubling of the price of oil in record high of about $4.11 per gallon. What we need to be for, it seems to a year. Yet they come to the floor with Jet fuel costs nearly $4.30 per gallon. me, is something that is game chang- their charts and say: Produce more. The price of diesel fuel, which is nor- ing, something that says let’s not be in I am for producing more. It is a false mally less expensive than gasoline, has this same position 10 years from now. choice to suggest they support pro- soared to a record high of nearly $4.85 John F. Kennedy didn’t say let’s try to ducing more and we do not. But the per gallon. go to the Moon or I would like to think question is, what are you going to do to Rising energy prices greatly increase about going to the Moon or maybe we deal with the problem today? Then, the cost of getting to work and taking will make an effort to go to the Moon. what are you going to do as we go for- our children to school, traveling by He said: We are going to put a man on ward to suggest something that is real- car, truck, air and rail, and growing the Moon by the end of a decade. ly game changing, that allows us to be the food we eat and transporting it to That is what we ought to do with re- free and escape from the need to rely market. Rising energy prices greatly spect to the change in energy policy. on Saudis to ship us oil? increase the cost of producing the

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6988 CONGRESSIONAL RECORD — SENATE July 22, 2008 medicines we need for our health, heat- fied by the physical demand in the ommended that the Federal Trade ing our homes and offices, generating market. It has to be speculation on the Commission carefully investigate pro- electricity, and manufacturing indus- futures market that is fueling this.’’ posed mergers, particularly with re- trial and consumer products. The re- Mr. Fadel Gheit, oil analyst for spect to the effect of mergers on inven- lentless increase in jet fuel prices has Oppenheimer and Company describes tories of gasoline. caused airline layoffs, fare increases, the oil market as ‘‘a farce.’’ ‘‘The spec- The investigation discovered one in- and service cuts. ‘‘If fuel continues to ulators have seized control and it’s ba- stance in which a major oil company go up, this industry cannot survive in sically a free-for-all, a global gambling was considering ways to prevent other current form,’’ the president of the Air hall, and it won’t shut down unless and refiners from supplying gasoline to the Transport Association said recently. until responsible governments step in.’’ Midwest so that prices would increase. Rising diesel prices have placed a In January of this year, as oil hit $100 In March 2003, my subcommittee re- crushing burden upon our Nation’s a barrel, Mr. Tim Evans, oil analyst for leased a second report detailing how truckers, farmers, manufacturers, and Citigroup, wrote ‘‘the larger supply and the operation of crude oil markets af- other industries. demand fundamentals do not support a fects the price of not only gasoline, but My Senate Permanent Subcommittee further rise and are, in fact, more con- also key commodities like home heat- on Investigations has conducted four sistent with lower price levels.’’ At the ing oil, jet fuel, and diesel fuel. The re- separate investigations into how our joint hearing on the effects of specula- port warned that U.S. energy markets energy markets operate. Last Decem- tion we held last December, Dr. Edward were vulnerable to price manipulation ber, we had a joint hearing with Sen- Krapels, a financial market analyst, due to a lack of comprehensive regula- ator DORGAN’s Senate Energy Sub- testified, ‘‘Of course financial trading, tion and market oversight. committee on the role of speculation in speculation affects the price of oil be- For years I have been working with rising energy prices. As a result of cause it affects the price of everything Senators FEINSTEIN, DORGAN, SNOWE, these investigations and hearings, I we trade . . . It would be amazing if oil BINGAMAN, CANTWELL, and others on have proposed several measures to ad- somehow escaped this effect.’’ Dr. legislation to restore some regulatory dress the rampant speculation and lack Krapels added that as a result of this authority in the energy markets that of regulation of energy markets which speculation, ‘‘There is a bubble in oil had been exempted from regulation be- have contributed to sky high energy prices.’’ cause of an ‘‘Enron loophole’’ that was prices. The need to control speculation is ur- inserted at the last minute into an om- These investigations have shown that gent. The presidents and CEOs of major nibus appropriation bill in December one key factor in price spikes of energy U.S. airlines recently warned about the 2000. For 2 years we attempted to close is increased speculation in the energy disastrous effects of rampant specula- the Enron loophole, but efforts to put markets. Traders are trading contracts tion on the airline industry. The CEOs the cop back on the beat in these mar- for future delivery of oil in record stated ‘‘normal market forces are being kets were unsuccessful, due to opposi- amounts, creating a demand for paper dangerously amplified by poorly regu- tion from the Bush administration, contracts that gets translated into in- lated market speculation.’’ The CEOs large energy companies, and large fi- creases in prices and increasing price wrote, ‘‘For airlines, ultra-expensive nancial institutions that trade energy volatility. fuel means thousands of lost jobs and commodities. Much of this increase in trading of severe reductions in air service to both In June 2006, I released another sub- futures has been due to speculation. large and small communities.’’ committee report, ‘‘The Role of Market Speculators in the oil market do not As to reining in speculation, the first Speculation in Rising Oil and Gas intend to use oil; instead they buy and step to take is to put a cop back on the Prices: A Need to Put a Cop on the sell contracts for crude oil in the hope beat in all our energy markets to pre- Beat.’’ This report found that the tra- of making a profit from changing vent excessive speculation, price ma- ditional forces of supply and demand prices. The number of futures and op- nipulation, and trading abuses. In the didn’t account for sustained price in- tions contracts held by speculators has spring of 2001, when my Senate Perma- creases and price volatility in the oil gone from around 100,000 contracts in nent Subcommittee on Investigations and gasoline markets. The report con- 2001, which was 20 percent of the total began investigating our energy mar- cluded that, in 2006, a growing number number of outstanding contracts, to al- kets, the price of a gallon of gasoline of trades of contracts for future deliv- most 1.2 million contracts, which rep- had spiked upwards by about 25 cents ery of oil occurred without regulatory resents almost 40 percent of the out- over the course of the Memorial Day oversight and that market speculation standing futures and options contracts holiday. We subpoenaed records from had contributed to rising oil and gaso- in oil on NYMEX. Even this under- major oil companies and interviewed line prices, perhaps accounting for $20 states the increase in speculation, oil industry experts, gas station deal- out of a then-priced $70 barrel of oil. since the CFTC data classifies futures ers, antitrust experts, gasoline whole- That subcommittee report, again, trading involving index funds as com- salers and distributors, and oil com- recommended new laws to provide mar- mercial trading rather than specula- pany executives. We examined thou- ket oversight and stop excessive specu- tion. sands of prices at gas stations in Michi- lation and market manipulation. I co- There are now, as a result, 12 times gan, Ohio, California, and other States. authored legislation with Senators as many speculative holdings as there In the spring of 2002, I released a 400- FEINSTEIN, SNOWE, CANTWELL, BINGA- were in 2001, while holdings of non- page report and held 2 days of hearings MAN, and others to improve oversight speculative or commercial futures and on the results of the investigation. of the unregulated energy markets. options are up but 3 times. According The investigation found that increas- Once again, opposition from the Bush to the basic law of supply and demand, ing concentration in the gasoline refin- administration, large energy traders, the more demand there is to buy fu- ing industry, due to a large number of and the financial industry prevented tures contracts for the delivery of a recent mergers and acquisitions, was the full Senate from considering this commodity, the higher the price will one of the causes of the increasing legislation. be for those futures contracts. number of gasoline price spikes. An- In 2007, my subcommittee addressed Not surprisingly, therefore, this mas- other factor causing price spikes was the sharp rise in natural gas prices and sive speculation that the price of oil the increasing tendency of refiners to released a fourth report, entitled ‘‘Ex- will increase, together with the in- keep lower inventories of gasoline. We cessive Speculation in the Natural Gas crease in the amount of purchases of also found a number of instances in Market.’’ Our investigation showed futures contracts, has, in fact, helped which the increasing concentration in that speculation by a single hedge fund increase the price of oil to a level far the refining industry was also leading named Amaranth had distorted natural above the price that is justified by the to higher prices in general. Limitations gas prices during the summer of 2006, traditional forces of supply and de- on the pipeline that brings gasoline and drove up prices for average con- mand. into my home State of Michigan were sumers. The report also demonstrated The president and CEO of Marathon another cause of price increases and how Amaranth had shifted its specula- Oil recently said, ‘‘$100 oil isn’t justi- spikes in Michigan. The report rec- tive activity to unregulated markets to

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S6989 avoid the restrictions and oversight in The legislation in the Energy Specu- for some type of payment at a future the regulated markets, and how lation Act to close the London loophole time depending on the price of a com- Amaranth’s trading in the unregulated is very similar to legislation I pre- modity. Because some of these swap in- markets contributed to price increases. viously introduced with Senators FEIN- struments look very much like futures Following this investigation, I intro- STEIN, DURBIN, DORGAN and BINGAMAN, contracts—except that they do not call duced a new bill, S. 2058, to close the S. 3129, to close this loophole. The leg- for the actual delivery of the com- Enron loophole and regulate the un- islation we introduced was also incor- modity—there is concern that the price regulated electronic energy markets. porated into legislation introduced by of these swaps that are traded in the Working again with Senators FEIN- Senator DURBIN, S. 3130, which, like the unregulated OTC market could affect STEIN and SNOWE, and with the mem- provisions of the Energy Speculation the price of the very similar futures bers of the Agriculture Committee in a Act, would give the CFTC more re- contracts that are traded on the regu- bipartisan effort, we finally managed sources and to obtain better informa- lated futures markets. We don’t yet to include an amendment to close the tion about index trading and the swaps know for sure that this is the case, or Enron loophole in the farm bill that market. that it is not, because we don’t have was then being considered by the Sen- After these two bills were introduced, any data or reporting on the trading of ate. Although the CFTC’s new enforce- the CFTC imposed more stringent con- these swaps in the OTC market. ment authority over these electronic ditions upon the ICE Futures Ex- The Energy Speculation Act intro- markets was effective upon passage of change’s ability to operate in the duced by the Majority Leader and oth- this legislation, much of the CFTC’s United States—for the first time insist- ers includes this legislation to give the new oversight authority will have to be ing that the London exchange impose CFTC oversight authority to stop ex- implemented through CFTC rule- and enforce comparable position limits cessive speculation in the over-the- making. in order to be allowed to keep its trad- counter market. These provisions in Although the legislation to close the ing terminals in the United States. the Energy Speculation Act and in our Enron loophole is important to reduce This is the very action our legislation speculation in energy markets, it is Over-the-Counter Speculation Act rep- called for. not sufficient because a significant resent a practical, workable approach Although the CFTC has taken these amount of U.S. crude oil and gasoline that will enable the CFTC to obtain important steps that will go a long way trading now takes place in the United key information about the OTC market towards closing the London loophole, Kingdom, beyond the direct reach of to enable it to prevent excessive specu- Congress should still pass the legisla- U.S. regulators. So we have to address lation and price manipulation. tion to make sure the London loophole that second loophole too. This legislation will ensure that One of the key energy commodity is closed. The Energy Speculation Act large traders cannot avoid the CFTC markets for U.S. crude oil and gasoline would put into statute the conditions reporting requirements by trading trading is now located in London, regu- the CFTC has stated the London ex- swaps in the unregulated OTC market lated by the British agency called the change must meet before it will allow instead of regulated exchanges. It will Financial Services Authority, FSA. it to operate its terminals in the ensure that the CFTC can take appro- However, the British regulators tradi- United States, and it would ensure that priate action, such as by requiring re- tionally have not imposed any limits the CFTC has clear authority to take ductions in holdings of futures con- on speculation like we do here in the action against any U.S. trader who is tracts or swaps, against traders with United States, and the British do not excessively speculating through the large positions in order to prevent ex- make public the same type of trading London exchange or manipulating the cessive speculation or price manipula- data that we do, i.e. it is less trans- price of a commodity, including requir- tion regardless of whether the trader’s parent. This means that traders can ing that trader to reduce holdings. position is on an exchange or in the avoid the limits on speculation in There is also concern that some large OTC market. The approach in this bill crude oil imposed on the New York ex- traders may be avoiding the limits on is both practical and workable. changes by trading on the London ex- holdings and accountability levels that Mr. President, I urge my colleagues change. This is what is referred to as apply to trading on the regulated fu- to vote to proceed to the Stop Exces- ‘‘the London loophole.’’ tures exchanges by trading in the un- sive Energy Speculation Act. This leg- The Stop Excessive Energy Specula- regulated OTC market. In the absence islation contains several important tion Act—Energy Speculation Act— of data or reporting on the activity in provisions that will address the prob- which the majority leader and others the OTC market, however, it is dif- lem of excessive speculation that has recently introduced to address high ficult to estimate the impact of this been contributing to high commodity prices and reduce speculation, includes large amount of unregulated trading on prices. a number of provisions that will help commodity prices. Moreover, even if The ACTING PRESIDENT pro tem- stop rampant speculation and increase we were to get better information pore. The Senator from New Mexico is our access to timely and important about unregulated over-the-counter recognized. trading information and ensure that trades, the CFTC has no authority to Mr. DOMENICI. Mr. President, I ask there is adequate market oversight of take action to prevent excessive specu- unanimous consent that I be permitted the trading of U.S. energy commodities lation or price manipulation resulting to use the remaining time, including no matter where the trading occurs. from this unregulated trading. the remaining leader’s time. One of the key provisions in the En- The legislation to close the Enron The ACTING PRESIDENT pro tem- ergy Speculation Act would close the loophole placed OTC electronic ex- pore. Without objection, it is so or- London loophole. changes under CFTC regulation. How- dered. The Energy Speculation Act would ever, this legislation did not address Mr. DOMENICI. Mr. President, it is close the London loophole by requiring the separate issue of trading in the rest good to be with you today to talk the Commodity Futures Trading Com- of the unregulated OTC market, which about this. Before we begin a vote on a mission, CFTC, to determine whether a includes bilateral trades of swaps serious subject matter, it is good to foreign exchange imposes comparable through voice brokers, swap dealers, talk to you about a few issues and speculative limits and comparable re- and direct party-to-party negotiations. thoughts I have about what is hap- porting requirements on speculators I recently introduced, along with pening and what should be happening that the CFTC imposes on U.S. ex- Senator FEINSTEIN, the Over-the- during the next 2 weeks in the Con- changes prior to allowing traders in Counter Speculation Act, legislation gress. the U.S. trading U.S. energy commod- that addresses the rest of the OTC mar- This morning millions of Americans ities to access that exchange through a ket, a large portion of which consists woke up to another costly commute to terminal located in this country. It of the trading of swaps relating to the their workplace. They paid over $4 per would also give the CFTC authority to price of a commodity. Generally, com- gallon to fill their tanks. You will re- take action, such as by requiring trad- modity swaps are contracts between call that 18 months ago it cost them ers to reduce their holdings, in the two parties where one party pays a about $2.60 to purchase the same event that traders exceed these limits. fixed price to another party in return amount of gasoline.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6990 CONGRESSIONAL RECORD — SENATE July 22, 2008 Family budgets are hurting. On aver- I wish to address the ‘‘use it or lose that. We don’t need new legislation age, the American family will spend it’’ issue. You understand that the now, when we have a limited amount of $2,200 more for gasoline this year com- other side is saying, as far as offshore time—perhaps 2 or 3 weeks—to debate pared to last year. A number of surveys drilling, there are already leases that energy legislation. With the cost of oil suggest that Americans are driving less exist, where we have given oil compa- at $135 per barrel now, why on Earth because the increased price at the nies, large and small, the right to drill would a lessee intentionally sit on a pump is too much a strain on their for oil or gas under the conditions of lease and choose not to make money on lives. They are turning to us, their the leases that went forth. They were it? elected representatives, and they are obtained by the oil companies, large Why would a company pay money es- looking for real leadership. Sometimes and small, by bids. Some bids were sentially to rent a tract of land and I wonder whether they have given up or very high, some were not so high. All then not use it? I heard the claim that whether they actually expect us to do in all, there are a lot of oil companies 41 million acres is leased on the Outer something. I suggest we ought to do that have the right to drill. So the Continental Shelf and that acreage, 33 something, and any effort on the part other side is asking, how many acres million acres, is not being produced. of the majority to make this a couple do they have the right to drill upon? The use of this statistic shows a funda- a day event with a vote on each side or And now they are sitting around trying mental lack of understanding of the perhaps no votes or no amendments by to draft legislation that says they are long, risky process that begins even be- Republicans, let me say that will not not using that land they leased from fore bidding on a lease and hopefully be accepted with very much enthu- us; they are not using it as much as ends with production. The other side is siasm by the minority, and the Repub- they should, and we want to pass a law saying that unless oil is literally com- licans will insist that we stay here that says: Use it as we prescribe in this ing out of the ground on an acre, it until we have had an opportunity to new law or lose it. doesn’t count. Even if the acre is being vote on significant amendments that They are going to try to tell the explored or is in the process of getting we think the American people are enti- American people that is the way to get an environmental permit or is in any tled to have put before the Senate. more oil out of parts of the coastal way part of a process that is going on, It seems to me the American people areas of America—understanding they it doesn’t count. Additionally, the use are turning to us, their elected rep- are already leased. Oil companies al- of this argument by groups that con- resentatives, and asking and looking ready have paid money and oil compa- sistently go to court to prevent devel- for some leadership. In overwhelming nies are probably already doing every- opment on existing lease areas speaks majorities, the American people are clamoring for more energy production thing they can to maximize their re- volumes about the intent here. Con- at home. If any oil production or nat- turn on those leases. Yet, since there gress currently restricts access to 574 ural gas production exists that we own, are a lot of acres, some of which have million acres in the Outer Continental which we are not allowing to be pro- not yet produced, they are saying let’s Shelf. It actually is clear by any meas- duced, the American people are saying: look at them and that is where we can urable assessment that the majority in Why not? In fact, they are saying why get this new oil for America. Congress is ‘‘sitting on’’ far more oil not open it; let’s see what it yields, We say that is not true. Those leases than the oil companies themselves. what it does for us. are time-certain leases, all of them. There are many different steps to- The message is clear: Americans are They are either 5-year or 8-year or 10- ward producing oil, and that, at any saying we need to drill for more Amer- year leases. However many millions of given moment, may not be producing ican oil. Now, anything short of allow- acres it is, that is what they are. If you but is active and under development. In ing up-or-down votes on amendments don’t produce within the timeframe al- the 5, 8, and 10 years that a company that will determine whether we honor lowed in the leases—5, 8, or 10 years— holds a lease, environmental assess- the request of the American people to then you lose the lease. That is already ments could be underway. Lessees drill for more American oil—whether the law. You already lose it based upon could be trying to secure permits. The we are going to be permitted to do that the leases you have. leasing agency could be challenged in is obviously in the hands of the Demo- Let’s talk about this idea a little litigation and could be reviewing seis- cratic leader. But I believe we will do more. This idea was dreamed up in an mic data. All of this takes time. So you our share as the minority—49 of us—to argument first originated by the Wil- look out there and say: It is leased, but make sure the American people under- derness Society. They claimed that oil it isn’t producing yet. Of course not. If stand whether they are getting a fair companies were sitting on leases, and somebody tried to produce too quickly, shake by us getting a fair shake here that if those companies developed they would be challenged for not spend- on the floor on amendments that would those areas, we would not need to open ing enough time under the environ- inure to the benefit of the American new ones. If only that were true, what mental permit laws doing what is re- people. The majority has offered a a wonderful bonanza we would have for quired before one can drill. speculation bill, so far, and that is all the American people. It is not true. There are many upfront costs that we have seen. In the midst of this clar- The other side is now saying oil compa- leaseholders take, that they have to do ion call from the American people, it nies must use it or lose it when it if they are going to acquire an oil and now appears my friends on the other comes to these leases. They have pro- gas lease. Bonus payments and produc- side of the aisle might have to be posed adding a tax on companies to tion, rental payments often cost mil- dragged kicking and screaming to even punish them for not producing fast lions of dollars, and these capital in- debate whether we need to produce enough. This Wilderness Society argu- vestments are only being made for the more energy. ment demonstrates a fundamental lack ultimate development and production After a litany of stale proposals that of understanding of how we explore for of oil to return a profit on their invest- were rejected—including a windfall oil and gas in this country. And the ment. Simply put, if oil is not produced profits tax, price gouging, manufac- fact that this argument originates with from a lease, the companies lose money turing taxes, cap-and-trade taxes, and a group that has led at least four major on it. lawsuits against OPEC—the majority lawsuits in the past 4 years to prevent To claim that companies are ‘‘sitting seems content to hang its hat on the development in these very same areas on’’ $135 oil simply ignores the histor- speculation bill, and a possible ‘‘use it speaks to how disingenuous it is. Part ical fact that because you lease lands or lose it’’ policy. As I speak, it ap- of the reason it takes so long for com- does not necessarily mean you are able pears that the majority drafts in secret panies to produce is because groups technically or economically to produce a policy that claims to advocate lower such as the Wilderness Society keep on them or even that there is oil under prices while not actually increasing throwing up roadblocks. your lease. But you are entitled to production, and the American people, I Companies are paying lots of money keep it and try to make it productive believe, will grow more and more impa- for the right to explore on a lease and for the length of time that the lease tient, and it will not be hard for them are given a short period of time to prescribes within the contents and to understand what we are saying as we produce oil. That is the way it is today terms of the document—5 years, 8 tell them their impatience is justified. already. We don’t need a new law for years, or 10 years.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S6991 Finally, we should point out that the lute honest-to-God ownership, and it for nothing but their own profits, some majority already has a ‘‘use it or lose can produce crude oil of the best type traders are bidding up oil prices by it’’ policy. If you are not producing and oil in large quantities. buying huge quantities of oil just to re- when the term of the lease expires, you Let’s hope that what we do in this sell it at an even higher price. For turn it back. So this argument really is area is equal to nearly all the oil pro- nearly 8 years now, the Bush adminis- a fallacy. I have said this before on the duced in the Gulf of Mexico in the last tration has turned a blind eye and let floor. It seems as if the more it is said, 50 years and is greater than all the oil these questionable practices continue the more it is documented, the more imported into the United States from with virtually no oversight. Some ex- the other side claims that there are the Persian Gulf in 15 years. perts are saying this kind of trading many leases that we should force the This is a big opportunity for the now accounts for 20 to 30 percent of lessees to give the land back or produce American people, but the majority what we pay at the pump. under some new slogan called ‘‘use it seems content with small ideas. Within The Senator from Texas, Mr. CORNYN, or lose it.’’ two Congresses, we have passed two was on the floor earlier and asked for As the specter of a limited debate lin- major pieces of energy legislation. specific citations. Mr. President, I ask gers with minimal or no opportunity These two bills were monumental un- unanimous consent to have printed in for amendment on this bill, the Amer- dertakings and required months of de- the RECORD remarks from a series of ican family budget continues to be liberation to bring to fruition. economists, such as Gerry Ramm of squeezed. Mr. President, 83 days after Last Congress, we had EPACT05 on the Petroleum Marketers Association, introducing the American Energy Pro- the floor of the Senate for 10 days. We the Acting Chairman of the Com- duction Act of 2008, I continue offering had 23 rollcall votes on the bill, includ- modity Futures Trading Commission, a new direction. ing 19 just for amendments. We had the former Director of the Commodity In 2006, we opened 8 million acres in filed 235 amendments to that bill; 57 of Futures Trading Commission, and oth- the Outer Continental Shelf for leas- them were accepted. That bill took 4 ers. ing. This area contained an estimated months from the introduction before There being no objection, the mate- 1.2 billion barrels of oil and nearly 6 we sent it to the President. rial was ordered to be printed in the trillion cubic feet of natural gas. In Last year’s Energy bill took almost a RECORD, as follows: March of this year, two lease sales on year before we had something we could Economist Mark Zandi Said Speculation the eastern and central Gulf of Mexico send to the White House. That bill was Played a Role in Driving Up Oil Prices. attracted more than $3.2 billion in high on the Senate floor for 15 days and had Asked if he believed speculation played a bids, upfront bids—a very high pay- a total of 22 rollcall votes. We filed 331 role in driving up oil prices, Zandi responded, ment. The first sale in the central gulf amendments to that bill and accepted ‘‘Yes, I believe so, yes. The oil market has was the largest sale in the history of 49 of them. become a financial market. And it’s affected deepwater OCS leases. The majority leader seeks to limit by all kinds of speculators, momentum play- ers, people just betting on prices increasing This area is America’s new frontier. the amendment process in a significant or falling, in this case, obviously, increasing. Today, there are more than 7,000 leases way. I trust we will have the staying And so they ran in quickly and drove up the in the Gulf of Mexico that provide 25 power to at least have an opportunity price. And that clearly has played a role. I percent of the oil produced in the for multiple amendments in the area mean, you don’t see a $10 move in the price United States and 15 percent of the we are speaking of because the Amer- of oil without some financial speculation in- natural gas produced in the country. ican people deserve it and the Amer- volved, as well.’’ [PBS Online Newshour, The Department of Interior estimates ican people should have it. 6/6/08] that 300,000 jobs are directly related to I have completed my remarks. I yield Gerry Ramm of the Petroleum Marketers Association of America Blamed Speculation gulf energy exploration and the produc- the floor. for Driving Up Oil Prices. ‘‘Excessive specu- tion that comes from that exploration. Mr. REID. Mr. President, it is my un- lation on energy trading facilities is the fuel As a result of the Gulf of Mexico Se- derstanding I have 10 minutes under that is driving this runaway train in crude curity Act, the coastal States stand to the order. I yield 5 minutes of that oil prices today. Excessive speculation is reap great benefits from the production time to the Senator from Washington. being driven by what Michael Masters of of gas through revenue sharing of oil Mrs. MURRAY. Mr. President, all of Masters Capital Management refers to as and gas. The following rough estimate us who go home and listen to our con- index speculators, as compared to traditional provides a window into the opportunity stituents each weekend know one thing speculators.’’ [Testimony of Gerry Ramm, available to other States. According to and one thing only is on their mind Petroleum Marketers Association of Amer- ica, before Senate Committee on Commerce, the Minerals Management Service, these days; that is, the rising price of Science and Transportation, 6/3/08] Gulf States could receive more than gas. I have made a habit of writing Acting Chairman of Commodity Futures $425 million in oil and gas revenues by down what I pay each weekend when I Trading Commission Said the Oil Markets 2013, $2.6 billion over the coming dec- fly out to Washington State, and when Are ‘‘Ripe for Those Wanting to Illegally Ma- ade, and over $30 billion over the next it hit $4 a month or so ago, I was nipulate the Market.’’ Walter Lukken, Act- 30 years. Yes, those are accurate esti- aghast. Imagine what everyone filling ing Chairman of the Commodity Futures mates. That is what other States—not their tank in Washington State is Trading Commission, conceded that crude all of them but some other States— thinking now that the price in my oil markets are ‘‘ripe for those wanting to illegally manipulate the markets.’’ [CNBC, that are on our coasts that might agree home State is pushing $4.50 a gallon. 06/17/08] to let us look in exchange for giving We need action. We need action now. Former Director of Commodity Futures them the same kind of return we gave For months, Democrats have been Trading Commission’s Trade Division Mi- Louisiana, Mississippi, and the sur- trying to address this problem by pro- chael Greenberger Said Speculation Went rounding States, that is what they viding short-term relief along with a Beyond Supply-and-Demand Problem in Oil could look for. These are huge sums long-term strategy. For months, we Market. Michael Greenberger, a former top that will be raised and returned to the have heard only two things from our staffer at the Commodities Futures Trading friends on the other side of the aisle: Commission, said, ‘‘There can be no doubt States through the production of our that there is a supply-and-demand problem own energy resources. No, and drill. Democrats know there is at work here. But many believe, including They seek to allow coastal States on no silver bullet to this crisis. It is me, that there’s a speculative premium that the Atlantic and Pacific to share in the going to take a series of steps, both goes beyond what supply-and-demand factors energy opportunity. I know there are short term and long term, to bring dictate. And that’s what could be drained various opinions as to how many we some sanity back to the situation. with aggressive United States regulation.’’ will find there, but we will never know Today, we are going to vote on an- [McClatchy, interview of Michael Green- so long as we keep it locked up, which other of those short-term solutions, berger, 6/17/08] we have done for 26 to 27 years, where and we are going to try to end exces- Greenberger Calculated 70 Percent of Oil Market is Driven by Speculators, Rather nobody would know and tried to hide it sive speculation in the markets. Demo- Than Those With Commercial Interests. ‘‘My from the American people as if it did crats believe we have to rein in Wall calculation is right now that about—at least not belong to them and it was not any Street and our traders who are unfairly 70 percent of the U.S. crude oil market is good. The truth is, it is theirs in abso- driving up these oil prices. With regard driven by speculators and not people with

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6992 CONGRESSIONAL RECORD — SENATE July 22, 2008 commercial interests. Most of those specu- Mr. REID. I ask unanimous consent This kind of unlimited energy specu- lators do not have spec limits. They can buy to use leader time to complete my lation was not even legal 8 years ago whatever they want.’’ [Testimony of Michael statement over and above the 5 min- for traders who never intended to buy Greenberger, Professor at University of utes. or sell or use the commodity. Back Maryland Law School, before Senate Com- then you would have to actually take mittee on Commerce, Science and Transpor- The ACTING PRESIDENT pro tem- tation, 6/3/08; McClatchy, 6/17/08] pore. Without objection, it is so or- delivery of the oil you bought or face Former Director of Commodity Futures dered. position limits on your trading. Few Trading Commission’s Trade Division Mi- Mr. REID. Mr. President, the Amer- Wall Street firms wanted tankers pull- chael Greenberger Said Oil Speculation Adds ican people, I am sure, viewing our pro- ing up to their front doors with barrels 25–50 Percent to the Cost of Oil. When Mi- ceedings here in the Senate or from the of oil. chael Greenberger, a former top staffer at visitors gallery or on C–SPAN must The market price of oil was decided the Commodities Futures Trading Commis- think they are watching an episode of by honest people in the marketplace, sion, was asked how much oil speculation in- the so-called supply-and-demand fac- creased costs per barrel of oil, he replied, the ‘‘Twilight Zone.’’ The reason I say ‘‘Well, there have been various estimates— that is yesterday morning, Senator tor. Then the Republican Congress anywhere from 25 percent to 50 percent.’’ MCCONNELL and I both opened with stepped in and allowed oil to be traded [CBS News, 06/17/08] statements about our national energy back and forth without even delivery of Mrs. MURRAY. Mr. President, the crisis. We both talked about the plan the oil. That effort was led by former Stop Excessive Energy Speculation Act we had and the pain that high gas Senator Phil Gramm, chairman of the of 2008 that the Senate is going to prices are causing the American peo- Banking Committee, a long-time mem- move to proceed to will shine a light on ple. ber of the Finance Committee, the those trading markets. It will increase Recently, I mentioned a public school same Phil Gramm who served as Sen- oversight and reporting on oil trading, teacher—he delivered the Saturday ad- ator MCCAIN’s economic adviser until and it will significantly improve the dress for us—and his wife who live in yesterday, and recently called America resources available to the Commodity upstate New York who are now spend- a nation of whiners. This is the same guy who has set Futures Trading Commission. While ing all of the money they saved for forth his speculation aspect of what is addressing speculation is not the silver their children’s college education to hurting the market so badly. Senator bullet that will bring prices down at pay for gasoline. Senator MCCONNELL, for his part, Gramm’s bill created a mouse click; the pump, we do believe that by in- that is, you touch your computer and creasing our oversight and regulation, talked about the frustration of truck- ers, stay-at-home parents, commuters, you can buy lots of oil you will never we will ensure that consumers are bet- use and never want to use. ter protected in the months and years and vacationers. Anyone watching our two sides talk about the gas prices The Bush administration has done to come. nothing to oversee this. Now the Amer- Unfortunately, as I mentioned ear- must have gotten a little confused. They must have been saying to them- ican people are suffering the con- lier, our friends on the other side have sequences. Nothing is ever certain in their message down pretty pat now. selves: If they both agree on the prob- lem, why can’t they work together to the energy market. But if our legisla- They say no to any reasonable solu- tion to provide new consumer protec- tions we offer, and then they turn find a solution? The reason for that is very simple: Republicans and Senate tions on speculation becomes law, it around and say we just need to drill should immediately and sustainably more. We say fast-track our domestic Republicans refuse to join in negoti- ating in any way. They refuse to legis- lower prices. production. They say no. We say in- Democrats are not the ones who late. They, in fact, refused to take crease the supply of oil now. They say think so. I do not know the party affili- ‘‘yes’’ for an answer. We are shortly no. We say accelerate investments in ation of the people whose names I am alternative energy to help break that voting on cloture to proceed on legisla- going to list, the experts: Former addiction to oil. They say no. And now tion to stem the excessive speculation CFTC Trade Division Director and cur- we say end excessive speculation. I on Wall Street that is contributing to rent economics professor at the Univer- hope they won’t say no again. high gas prices. sity of Maryland, Michael Greenberger. Is this the only problem? Of course Do they offer anything more than no? He says the price is from 20 to 50 per- not. But it is a problem, absolutely. Well, yes. They say drill, drill, and cent because of speculation. drill—a plan that even their party’s Democrats have said from the start Consumer advocate Mark Cooper leaders said has mainly psychological that curbing speculation is not a pan- says the same. And even the senior vice benefits, a plan that even President acea and will not solve all of our en- president of ExxonMobil, Stephen Bush’s own team says will not affect ergy problems with the snap of our fin- Simon, says speculation is part of the our oil prices, and a plan that will not gers. problem; even Exxon. We have a man produce a drop of oil for 7 to 10 years. But there was a Republican Senator who serves as the chief executive offi- Unfortunately, their plan on that on the floor today who asked a ques- cer of United Airlines, Glenn Tilton. side is nothing more than a continu- tion: Who is saying this speculation ac- Here is a man who was president of ation of the Bush-Cheney big oil love counts for 20 to 50 percent of the price Texaco, vice chairman of Chevron, and affair that got us into this mess in the of gasoline? We have laid those names he says speculation is a big problem first place. Republicans seem com- in the RECORD. There is no doubt that and we have to do something about it mitted to fattening big oil’s bottom it is a major part of the problem. The and do it right away. line. Well, Democrats are more worried Republicans acknowledged that by put- So my Republican colleagues who say about your bottom line. ting that provision in their so-called speculation is not an issue, here are a The oil companies made $250 billion energy bill. few of the people who agree with us. last year. It is time for us to deal with But with experts saying that specula- And obviously, the Republicans must consumer prices. We have tried to do tion accounts for 20, 30, even 50 percent have thought in the old days, a couple things the Republican way for 8 years of the price of gasoline, there is no of weeks ago, that it was a problem be- now and unfortunately what we hear doubt there is a major problem. How cause they stuck it in their legislation. from them today is more gimmicks and does excessive speculation drive up Now they say it is not important. tired old ideas, the same status quo. prices in the short term? Wall Street But my friends on the other side of With record gas prices and our econ- traders simply buy oil, sell it, and I re- the aisle have said in speeches and omy spiraling deeper into recession, peat, as they do: They buy, they sell, press conferences that we should do Democrats think it is long past time they buy, bidding the price ever higher. something about speculation—that is for a bold new direction. We hope our They never intend to actually own or what they used to say. It has been a Republican counterparts will join us use the oil they buy, they only keep component of their energy plan. In today and move this bill forward. buying and selling and pocketing the fact, Senator MCCONNELL said on the I yield the floor. profits. The problem is the American floor yesterday, ‘‘strengthening regula- The ACTING PRESIDENT pro tem- people are stuck paying the bill every tion of the futures market is a worth- pore. The majority leader. time we fill our gas tanks. while piece of the legislative effort.’’

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S6993 The American people must be think- every day. We cannot drill our way out The ACTING PRESIDENT pro tem- ing, Democrats and Republicans do not of the problems we have. pore. By unanimous consent, the man- agree on much, but they seem to agree So we think it does not make sense datory quorum call is waived. that curbing excessive energy specula- to start giving up more acres of Amer- The question is, Is it the sense of the tion is part of the solution. If we did ican coastline in addition to the 68 mil- Senate that debate on the motion to nothing else but pass the speculation lion, plus the 25 million acres in Alas- proceed to S. 3268, a bill to amend the bill, the American people would be ka. We believe it makes sense to open Commodity Exchange Act, to prevent very happy, and the markets would be more coastal areas for drilling. We say: excessive price speculation with re- struck quickly and the price of oil Go ahead and do that. The President spect to energy commodities, and for would go down. has the authority to do that. other purposes, shall be brought to a Yet now that a reasonable and re- Time Magazine this week, the one close? sponsible speculation bill has reached that is on the newsstands today—I tore The yeas and nays are mandatory the floor, Republicans seem to be scur- a page out of it: The offshore waiting under the rule. rying into the corners and shadows of game. They have a little piece of lit- The clerk will call the roll. this Capitol complex. Now that we erature here. They say it is going to The bill clerk called the roll. have an opportunity to actually do take a long time. Here is why: It will Mr. DURBIN. I announce that the something to deliver some relief to the take up to 2 years for oil companies to Senator from Massachusetts (Mr. KEN- American people, all Republicans want survey sites and bid on available NEDY), the Senator from Illinois (Mr. to talk about now is drilling. They are leases. It will take up to 2 years for the OBAMA) and the Senator from Rhode Is- so happy that the oil companies are highest bidders to do seismic tests and land (Mr. REED) are necessarily absent. running full-page ads about drilling. analyze the results. It will take up to 3 I further announce that, if present Democrats have shown how serious years for exploratory drilling. It will and voting, the Senator from Rhode Is- we are about addressing this problem. take up to 2 years if oil is discovered; land (Mr. REED) would vote ‘‘yea.’’ We have said to the Republicans: Along plans for platforms and pipelines are Mr. KYL. The following Senators are with our speculation bill, let’s vote on submitted for Government review. It necessarily absent: the Senator from your offshore drilling. That is what will take another year to review that. Tennessee (Mr. ALEXANDER), the Sen- you said is the problem. Let’s drill It will take up to 3 years for oil compa- ator from Nebraska (Mr. HAGEL), and some more. Let the Governors decide nies to build platforms and pipelines. the Senator from Arizona (Mr. what should happen on the Outer Con- And finally the oil is pumped out. MCCAIN). tinental Shelf. They said that is what Add those numbers together and it is Further, if present and voting, the the problem is. Let’s do something about 15 years. Well, what we say, we Senator from Tennessee (Mr. ALEX- about it. are not opposed to drilling, but there ANDER) would have voted ‘‘yea.’’ The ACTING PRESIDENT pro tem- And we said: Okay, let’s vote on that. are lots of places we can be drilling pore. Are there any other Senators in Well, they say: No, that is not a good right now. So the American people can- the Chamber desiring to vote? idea. Even though we believe in that not wait all of these years. Increasing The yeas and nays resulted—yeas 94, and we have talked about for months production is important, but even Re- nays 0, as follows: how important drilling is, we want 27 publicans must admit it will do abso- other amendments. We do not want to lutely nothing to lower prices in the [Rollcall Vote No. 183 Leg.] do anything about speculation, and we near term. YEAS—94 do not even want to have a vote on Nevertheless, Republicans have Akaka Dole Menendez drilling unless you give us 27 other Allard Domenici called for a vote on their offshore drill- Mikulski amendments. Barrasso Dorgan Murkowski Let’s assume that Republicans would ing plan. We are willing to give them Baucus Durbin Murray Bayh Ensign allow a vote on their amendment, and what they want. They are not willing Nelson (FL) to take ‘‘yes’’ for an answer. Bennett Enzi Nelson (NE) we have a vote on a Democratic drill- Biden Feingold I hope all Senators, Democrats and Pryor ing amendment. You see, we are not Bingaman Feinstein Reid Bond Graham Republicans, would vote to invoke clo- Roberts opposed to drilling. Democrats are not Boxer Grassley ture on the speculation bill, that we Rockefeller opposed to drilling. We believe the fu- Brown Gregg ture is ahead of us, and we believe the can go forward with that, have a vote Brownback Harkin Salazar Sanders oil companies should use the 68 million on their drilling, and we have read all Bunning Hatch of the ads the oil companies have paid Burr Hutchison Schumer acres they now have; the 8.3 million Sessions for, and the Republicans have followed Byrd Inhofe acres that we worked on less than 2 Cantwell Inouye Shelby years ago to give them the ability to step by step what the oil companies Cardin Isakson Smith take a look in the Gulf of Mexico. They want. We are willing to give them a Carper Johnson Snowe vote on that. I do not know how we can Casey Kerry Specter said it was so important to do that. Chambliss Klobuchar Stabenow They have not done anything about be more fair than that. All we want is Clinton Kohl Stevens that. I do not think they have gone the opportunity to vote on what we Coburn Kyl Sununu Cochran Landrieu fishing out there, let alone doing any think is important too. Tester Coleman Lautenberg Thune CLOTURE MOTION exploration out there. There are 8.3 Collins Leahy Vitter million acres; they have not done a The ACTING PRESIDENT pro tem- Conrad Levin Voinovich Corker pore. Under the previous order, pursu- Lieberman Warner thing with it. We have 25 million acres Cornyn Lincoln Webb in Alaska that are subject to being ant to rule XXII, the clerk will report Craig Lugar Whitehouse the motion to invoke cloture. Crapo Martinez drilled right now. All the White House Wicker has to do is let some more of these The legislative clerk read as follows: DeMint McCaskill Dodd McConnell Wyden leases. CLOTURE MOTION So we are not opposed to drilling. NOT VOTING—6 We, the undersigned Senators, in accord- But we are saying: Use the 68 million ance with the provisions of rule XXII of the Alexander Kennedy Obama Hagel McCain Reed acres. Take a look at all the other land Standing Rules of the Senate, hereby move available. This drilling is a political to bring to a close debate on the motion to The ACTING PRESIDENT pro tem- thing for the Republicans. Simple math proceed to Calendar No. 882, S. 3268, the Stop pore. On this vote, the yeas are 94, the indicates we control, counting ANWR— Excessive Energy Speculation Act of 2008. nays are 0. Three-fifths of the Senators which, by the way, MCCAIN is now Harry Reid, Jeff Bingaman, Byron L. duly chosen and sworn having voted in against; he does not want to drill in Dorgan, Christopher J. Dodd, Amy Klo- the affirmative, the motion is agreed ANWR. But let’s assume you take buchar, John F. Kerry, Daniel K. Inouye, Patrick J. Leahy, Patty Mur- to. ANWR and all the other offshore issues ray, Bernard Sanders, Jack Reed, Shel- The ACTING PRESIDENT pro tem- they are talking about. That is less don Whitehouse, Bill Nelson, Richard pore. The Senator from Maryland. than 3 percent of the oil in the world. Durbin, Frank R. Lautenberg, Tom Ms. MIKULSKI. Mr. President, I ask We use more than 25 percent of the oil Harkin, Maria Cantwell. unanimous consent that the time until

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6994 CONGRESSIONAL RECORD — SENATE July 22, 2008 12:30 be equally divided between the going up, to the florist making deliv- ities. It is called the Commodity Fu- two leaders or their designees, and that eries, to the trucker delivering goods— tures Trading Commission. We want the time during the caucus recess what we see is they either have to pass them to be able to have the legal au- count postcloture. the cost on to the consumer or go thority to set limits to deal with exces- The ACTING PRESIDENT pro tem- broke. We cannot let people go broke sive speculation. pore. Without objection, it is so or- because of skyrocketing gasoline We also want to give them the re- dered. prices. sources they need. In 2003, the futures Ms. MIKULSKI. I thank the Chair. A sector that is very near and dear to market was $13 billion. Today, it is $260 Mr. President, I now seek recognition me is the volunteer sector. Look at the billion. That is ‘‘b’’ like in ‘‘Barb,’’ not in my own right. impact of rising gas prices on Meals on ‘‘million’’ like in ‘‘Mikulski.’’ So we The ACTING PRESIDENT pro tem- Wheels. Nearly 60 percent of the Meals have seen this enormous increase, but pore. The Senator from Maryland. on Wheels programs have lost volun- we do not have the professional staff to Ms. MIKULSKI. Mr. President, there teers who cannot afford gas. Did you be the cops on the beat to deal with is a buzz on the floor. I would like reg- hear that? Sixty percent of the people speculation and illegal activity. So our ular order. who deliver Meals on Wheels have said legislative proposal calls for 100 more The ACTING PRESIDENT pro tem- they have to take a pass because they professionals. We want to detect exces- pore. Can I get the Chamber to come to cannot afford gas. Most of the people sive speculation and fraud. We want to order, please. who deliver Meals on Wheels are sen- prevent it, and we want to prosecute it. The Senator from Maryland. iors themselves. Senator CARDIN has a Markets need to work for free enter- Ms. MIKULSKI. I thank you, Mr. bill to alleviate that. prise, not for freewheeling exploi- President. So everything from Meals on Wheels tation. Closing the London loophole The reason I have asked to be heard to volunteer firefighters, who are try- and putting caps on speculators to stop is because my constituents want to be ing to figure out how to pay for the gas the casino economics is recommended, heard. I am here today to speak on the for their firetrucks, we are in a serious and it is predicted we could lower the Senate floor about the skyrocketing crisis. So we have to act. cost per barrel by as much as $80. So if high prices at the pump, which are Now, there are those who say: Drill oil is trading at $130 or $140 a barrel, we really hurting my constituents. They here and drill now. I will talk about could bring it down, generally, to a are hurting families, they are hurting drilling on another day because I sup- more reasonable market-based price of small businesses, and they are hurting port smart drilling that is environ- about $60 a barrel. all of our volunteer efforts. mentally safe, achieves productivity, That would be stunning. That would Gas prices in my State have dramati- and, if we drill, stays here. I believe we be absolutely stunning. It would get us cally increased. In March of last year, have 68 million acres already owned by back to where we were last year. It 2007, gas prices were at $2.50 a gallon. the oil companies. So if they want to would give us an important path for- They have now skyrocketed to $4 a gal- drill, drill where they have it. ward to help our economy, which is in lon. There has been a $1.50 increase in But what I want to talk about today a deep recession. We know we have to a little over a year. My Maryland fami- is what we know is driving up the cost do more. We Democrats believe in con- lies are now paying $5,000 per year on per barrel by as much as $80. This bill servation. That is why we increased gas. That is up from $3,200 a year when is about speculation. This bill that is the CAFE standards, which go to great- George Bush took office. pending for discussion in the Senate is er full utilization in passenger vehicles In the Federal Government’s budget, about casino economics, and that is and trucks and buses. We know we $2,000 might not be a lot, but in a fam- what is going on now. We have people have to develop alternative fuels. We ily budget it is a budget buster. Look trading in the energy market not to be need to do research and pass tax incen- what you can do for $2,000. No. 1, if you able to buy the futures in oil for their tives so we power our homes with wind are a senior, it pays for the doughnut own use—whether you are a local gov- and solar. We also know we need to hole so you can get your prescriptions ernment or whether you are a refinery. stop price gouging. filled. If you are a family, that is It is about trading in futures and build- We have to roll up our sleeves and enough to send one of your children to ing it up like a pyramid scheme. They get the job done. It is one thing to de- a community college. do this casino economics by doing a lot bate ideas, it is another thing to have Yes, $2,000 makes a big difference. of their trading through loopholes, one a filibuster. I believe in debating ideas, Maryland families are stretched and of which is called the London loophole. taking a vote, and letting the majority strained. Gas prices drive their lives, The London loophole is about an ex- win. I am ready to duke it out on the and they feel as though they are run- change called the InterContinental Ex- idea. ning on empty. Gas and groceries go change. It is in London. It is owned by My constituents and I are pretty sick together. When gas goes up, so do gro- an Atlanta company to evade Amer- of the tyranny of 60. I thought in this ceries because of just the added cost of ican laws and regs. Did you get that country in a body of 100, 51 was a ma- delivering them. loophole, Mr. President? The London jority. We have these arcane rules that When you talk to families, they are loophole is about an intercontinental we can play games with to hide behind struck with incredible anxiety, won- exchange in which 30 percent of Amer- our true thinking. I call it the tyranny dering where is this going to end. The ican energy futures are traded. It is of the 60. It is slowing down what we cost of commuting has more than dou- owned by an Atlanta company. need to face up to, which is real debate bled or is even close to tripling for Why do they do this through London? and real votes. many of our families. Because it evades American laws and I believe energy will determine our Families are now asking how do they regs against speculation. destiny, our security, our economy, get their kids to school or to soccer Well, we can immediately deal with and our standing in the world. This is practice or to other activities. the gouging and the excessive specula- a serious matter. For the last 18 Seniors are wondering how do they tion by closing that London loophole. months, with the Republican obstruc- cluster their medical appointments so That is part of the bill that, if we move tionism, what we have found is that if they live in the rural part of my past cloture, we can get. We need to when all is said and done, more gets State, they can drive to the doctor close that London loophole so investors said than done. Let’s end the filibuster, they need, while wondering about how cannot exploit the market by avoiding let’s end the parliamentary games, and they are going to fill up their gas tank. U.S. law and avoiding U.S. regulation. let’s get serious about what the Amer- The seniors I represent say: If I have If you are going to trade as an Amer- ican public wants us to do, which is to fill up my tank, I don’t know if I can ican company, go by American rules. roll up our sleeves and present the best fill my prescription or even get to the The legislation we propose makes idea for arriving at solutions. Let a doctor. sure the Commodity Futures Trading real majority win and, most of all, let’s We have to do something. Commission sets tough limits on specu- start putting America first, putting As to the impact on business—from lators. By the way, that group, the America over political parties. I am a the taxicab driver, where the costs are CFTC, is the regulator for commod- member of the Democratic Party, but a

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S6995 larger party I belong to is the red, country needs on this issue. All it does vision and accomplished something for white, and blue party. I think we is delay other efforts that would make their good. should have to start acting that way. a difference. Mr. President, how much time do I Let’s get the job done, bring this to a One thing the Democrats are doing have? vote, and let’s stop the speculation, successfully is blocking the efforts of The ACTING PRESIDENT pro tem- stop the cronyism, and let’s get real Republicans to fully participate in pore. There is 21⁄2 minutes. value for the American people. shaping this legislation. The problem is Mr. ENSIGN. Even so, when has in- Mr. President, I yield the floor. bigger than speculation. Good ideas stant gratification been the mantra of The ACTING PRESIDENT pro tem- from all sides should be considered. investing in American innovation? pore. The Senator from Nevada is rec- We are talking about one of the Highways and bridges aren’t built in a ognized. greatest challenges facing our Nation, day, but we know they are an invest- Mr. ENSIGN. Mr. President, when I and our constituents have no voice in ment in our infrastructure. Schools am approached about the energy crisis this process. They need to have their and libraries aren’t built in a day, but we are facing—and I am approached voices heard. Countless constituents we don’t throw our hands in the air and frequently by constituents and even have taken time to share their per- say ‘‘never mind.’’ We plan for the fu- family and friends—you can tell that sonal stories with me, and there is a ture. people are feeling at the least very un- common thread in their messages. Standing around talking about how easy about this situation. There is a Fixed-income seniors worry about driv- long it will take to get these projects weight that comes with soaring prices ing to the doctor, buying their medi- on line doesn’t help get the process on fuel, food, and everything else that cine, and paying for food. They are ask- started any faster. The time for talk is part of our daily spending habits. ing for real solutions. Many Nevadans passed as quickly as $3.50 a gallon came Every time Americans fill up their cannot afford to travel to visit ailing and went. Enough is enough. The tanks, check-out at the grocery store, relatives, and our entire tourism indus- American people are looking to us to or make a decision about where to cut try in the United States is being hurt provide much needed relief. We must spending, that weight gets heavier and by the high cost of fuel. The airlines rise to the occasion. I ask my colleagues across the aisle, heavier. are in trouble and will be cutting jobs. what is the magic number for gasoline The American people are looking to Manufacturers are cutting jobs. Fami- per gallon before they are willing to us for solutions. We have a responsi- lies have to cut spending a little deeper bility to make difficult decisions here act on a comprehensive energy strat- each week to balance their budgets. egy? The American people want to in order to provide them much needed They are asking for real solutions, and know how much longer they must suf- relief at home. For many months, Re- they are asking for them now. fer, while we stand here debating oil publicans have been working to provide There is a real solution. It is a plan speculation. that relief. We have been focused on a that reflects the innovative spirit of Bill Clinton vetoed ANWR 10 years three-pronged approach: boosting re- our country and the commitment we ago in a bill passed by a Republican newable energy, encouraging energy ef- all have to preserving the environment. Congress. If he had signed that bill into ficiency, and growing our American It involves going back to that balanced law, at least 1 million barrels of oil per supply of energy. This line of attack approach that boosts renewable energy, day would be coming to the United balances the need for us to be respon- encourages energy efficiency, and States. Gas prices would be lower. sible stewards of our environment with grows our American energy supply. Let’s not miss another opportunity the need for reliable, affordable energy With families tightening their budg- for action, and let’s not ignore the to fuel our lives and our economy. We ets more and more, with seniors strug- cries of frustration from our constitu- are not in a position to rely on any one gling month to month, Americans do ents. Let’s show them we understand solution to lift us out of this crisis. not want to hear that there are tril- the difficult choices that they are However, the Democrats are focusing lions—literally trillions—of barrels of making, and that there are solutions their efforts on a single idea to respond American oil off limits to meet their on the horizon. Let’s act now. to the pleas of Americans. Rather than energy needs. Trillions of barrels—not We need to extend renewable energy dedicate this body to building a com- in Saudi Arabia or Venezuela, or in tax incentives before they expire. If we prehensive energy plan that provides some other country that hates us—but fail to act, we will be responsible for real solutions for the future, Demo- right here in the United States, under the end of American renewable energy crats have put forward a plan to curb our control. innovation. speculation. This approach does little, At least 10 billion barrels are up in We need to improve the barriers that if anything, about high gas prices. In- ANWR; at least 8.5 billion barrels in stand in the way of our new American stead, the Democrats’ speculation bill deep sea exploration; by some esti- energy frontier. Let’s send our enemies could hurt our economy by eliminating mates, 1.8 trillion barrels of oil from in the Middle East a pink slip that we investment options that our Nation’s oil shale in Colorado, Wyoming, and won’t be requiring their services any retirees depend on, make American Utah. We also have a 230-year supply of longer. Isn’t it time to stop subsidizing businesses less competitive, and ulti- coal and great potential in nuclear en- their economies? We send them $700 mately drive U.S. jobs overseas. The ergy. These American sources, com- billion a year and, at the very least, only way to significantly lower the bined with conservation and aggressive they are teaching a new generation to price of gas is to increase supply. investment in renewable and green en- hate America. At the worst, they are Let me repeat that. The only way to ergy—solar, wind, geothermal, hydro- funding the weapons used against significantly lower the price of gas is power, fuel cells, and electric vehi- Americans. A comprehensive energy to increase supply. Let’s harness the cles—are the key to setting us on a plan means that our economy and live- power of our commodities markets and course to energy independence and se- lihoods won’t be held hostage any take concrete steps to expand the fu- curity. longer. ture supply of American energy. The There are some who argue that in- That is the day I look forward to and market will take this into account, and creasing American energy supply will that all Americans look forward to. I am certain we will see prices at the provide no immediate relief. They But to get to that day, we have to act. pump fall. argue that ANWR, deep sea explo- On behalf of the more than 2.7 million This plan to blame all of our troubles ration, and oil shale are years away Nevadans, who need us to do some- on speculators does nothing to bring from producing sizable amounts of en- thing, I ask you to make comprehen- down prices at the pump, which means ergy. The same could be said for renew- sive energy legislation something we it does nothing to bring down the price able energy development. But these can all be proud of. of food, clothing, or any other con- changes would lower prices and would I yield the floor. sumer goods that are affected by the do so quickly because the market will Mr. SCHUMER. Mr. President, how price of gasoline. It will not provide re- react to expected energy supply in- much time do I have remaining? lief for struggling Americans, and it creases. The American people would The ACTING PRESIDENT pro tem- lacks the vision and the leadership our react to the fact that we have shown pore. Eight minutes.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6996 CONGRESSIONAL RECORD — SENATE July 22, 2008 Mr. SCHUMER. Mr. President, we are What should we be doing? What are There are so many breakthroughs at a seminal moment in America. Democrats proposing? We are pro- about to occur, and we should be en- American consumers are being bat- posing reducing our dependence on oil couraging them with Government poli- tered by high oil prices, high home and foreign oil in particular. We are cies and tax breaks, and instead we heating oil prices, all high energy proposing incentives for alternative en- hear from the other side: Do what big prices. The average middle-class person ergy—wind and solar. T. Boone Pick- oil wants; just drill. is squeezed more than ever before. Peo- ens, a big oilman, says we cannot drill The bottom line is we cannot drill ple are not going to college, people are our way out of the problem. our way out of the problem, I say to not taking jobs, people are not visiting We are proposing dramatic changes my colleagues, we cannot, and we must grandkids, and it is all because of high in our automobiles. You can have an have an energy policy that looks at the oil prices. It is changing the way we electric car that drives just as far and future. live—and not for the better. Americans long as a gasoline-driven car and rides In conclusion, I say this: Republicans are crying out. more smoothly with the same power equal big oil equals the past. Demo- What is the answer? My colleagues and the same torque. Why aren’t we crats equal alternative energy. We are on the other side of the aisle are stuck pushing that? Big oil companies don’t the future. in the past. They talk about drilling want it. They won’t be selling those I yield the floor. more. Of course they do; they always batteries. The big oil companies don’t The ACTING PRESIDENT pro tem- do what big oil wants. Big oil now, big want wind power or solar power. They pore. The Senator from Wyoming. Mr. BARRASSO. Mr. President, I rise oil forever. That is the Republican are not involved in those issues. today to speak about the price of gaso- motto. Do what they want and nothing The head of ExxonMobil told our Ju- line and diesel fuel, a price that is af- else, while consumers foot the energy diciary Committee a year and a half ago that they do not believe in alter- fecting all Americans. High prices at bill. the pump challenge many Americans We cannot drill our way out of this native energy. Of course they don’t. who travel great distances for work, problem, we know that. We have 3 per- They are making record profits, and for school, or to shop for groceries. cent of the oil and 25 percent of the the greater demand and the less sup- This is especially acute in sparsely consumption. We cannot drill our way ply, the higher their profitability. We have tried in the past to reduce populated States such as Wyoming. out of the problem. Are there good, These prices are resulting in dra- constructive ways we can, in the short dependence on oil. We have a renewable portfolio standard so our utilities will matic impacts to our economy. Amer- term, increase domestic production? not just depend on oil and fossil fuels. ica is now importing more than 65 per- Absolutely. We have tried to push tax changes, cent of the oil we consume. We are I was one of the Democrats who ral- sending hundreds of billions of dollars lied us to drill in the gulf on a large take the tax breaks away from big oil and give them to wind, solar, bio, ther- overseas to foreign nations that are tract of oil. There are plenty of places, not necessarily our friends. as my colleague from North Dakota mal, and cellulosic ethanol. Again, we are blocked by the other side of the It is well beyond time for Congress to talked about, in Alaska, but make no aisle. In other words, if big oil wants it, act and to adopt meaningful short- mistake about it, the price of oil will that is good, says our colleagues. If big term, medium-term, and long-term so- not come down until we reduce our de- oil is against it, we are against it. We lutions. As a matter of principle, I be- pendence on it. lieve the Senate must act on a set of Democrats are fighting for a new fu- will come up with some reason. But what we will be doing on this En- solutions rather than pursue a piece- ture, not looking at the past, finding ergy bill is looking at the future, not meal approach. one little bit of oil here, one little bit at the past. What we will be doing on I am an original cosponsor of two of oil there, and praying it will solve this Energy bill is recognizing that 10 pieces of legislation that include a our problems. We are looking for alter- years from now, demand in America range of solutions—S. 2958, the Amer- native and renewable sources of energy should go up for energy because we ican Energy Production Act, and S. to play a major role in our energy sup- have to grow, but it cannot come from 3202, the Gas Price Reduction Act. ply, freeing us from oil: No more OPEC. oil. What we are looking at is a future Combined, these bills include provi- The Republican plan would reduce de- where our cars do not need gasoline. sions on advanced technology, on spec- pendence on OPEC from 50 percent to We are looking at a future where our ulation, and on added supply. The bot- 45 or from 60 percent to 55. It is not homes are powered by the Sun and the tom line is, we need to find more and going to do a darn thing. Particularly, wind and other more natural forces. We use less. every bit of new oil we find here—and are looking at a future where we con- Today, I wish to speak on two points. I hope my colleagues will say all the serve, an issue of passion to me. One is limiting market speculation, new oil we find here should be used In 1978, California passed building and the other is increasing domestic only in the United States. But China standards to increase energy efficiency production. and India will consume far more than in homes and buildings. Do you know Based on a range of testimony, it is we find in the next 10 or 15 years. California has the lowest per capita clear to me that there is dramatic dis- Let me say this: There will be more consumption of energy—even with all agreement on the extent to which ex- new cars in China and India in the next their car use—in these United States? cessive speculation contributes to the decade or so than we have cars in It is not New York with our mass tran- runup in oil prices. As a physician, I America. We cannot drill our way out sit; it is California because so many of am quite concerned that some may of the problem. their buildings are now efficient. Forty have misdiagnosed the energy crisis. In I understand my colleagues’ desire percent of the energy we consume goes my view, it is a classic misdiagnosis for their program. It helps big oil. That into heating and cooling buildings, 35 where policymakers focus too much at- is what we have done all along when percent into gasoline, of total energy tention on the symptoms of the predic- the Republicans have been in charge. consumption. ament rather than the underlying Big oil now, big oil forever. America I have been advocating that we adopt causes of the problem. knows that is not going to work. We California standards nationwide. It is a I am absolutely convinced that the are in a new world where there is not rather painless way to go. Where are fundamental issue here is one of supply enough oil to meet our needs. we? It is not going to produce results and demand. Simply because market What are we doing on our side? We in 6 months, but it sure will in the next speculation is a symptom of that larger are for increasing domestic production several years. California has led the problem does not mean we should shy in the short term in a rational way, but way. away from addressing it head-on. Deal- we are not depending on it. It is not the Why don’t we do the same for appli- ing with speculation, however, is not main part of what we are talking about ances? Why don’t we do the same for the full answer. We must combine because we know that will simply lead utilities and require them to be more these efforts with meaningful action to to higher oil prices. It will never re- efficient? We cannot be profligate. We expand domestic supplies and to en- duce the cost of oil enough to bring re- can grow and live better and consume courage conservation and energy effi- lief to the American family. less energy at the same time. ciencies.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S6997 On the issue of market speculation, I down the doors. Let’s take a look. Jan- work. All we are waiting for now is for have concluded three fundamental uary blacked out. February blacked the Government paperwork. points: One, American consumers out. March blacked out, April—go This is no way to run a country. should not bear the burden of those through the calendar—May blacked I yield the floor, and I suggest the ab- who seek to manipulate markets. Two, out, June, July. And the charge from sence of a quorum. the United States should not push our the other side of the aisle is that com- The ACTING PRESIDENT pro tem- financial services trading to foreign panies are not producing on their pore. Will the Senator withhold his re- countries. We should not replace exces- leases fast enough. quest for a quorum? sive speculation with excessive regula- The bottom line is, there are many Mr. BARRASSO. I will withhold the tion. And three, we should strengthen reasons why there may not be active request. the futures trading markets. This can exploration and production on lands al- f ready under lease. If Congress is seri- be done through investing in additional RECESS research, requiring transparency, put- ous about producing oil on existing ting more cops on the beat, and leases, then Congress needs to criti- The ACTING PRESIDENT pro tem- strengthening requirements on foreign cally review the process needed to de- pore. Under the previous order, the boards of trade. velop oil and gas wells. Senate stands in recess until 2:15 p.m. Efforts to address market manipula- As of late June in Wyoming’s Powder Thereupon, at 12:32 p.m., the Senate tion require a careful balance. In- River Basin, there were 2,589 applica- recessed until 2:15 p.m. and reassem- creased visibility into transactions tions to drill that were awaiting ap- bled when called to order by the Pre- must not turn into onerous regula- proval by Federal bureaucrats. These siding Officer (Mr. CARPER). tions. are on land where the company has al- f More importantly, steps to curtail ready paid for the lease but is not yet STOP EXCESSIVE ENERGY SPECU- speculation must be combined with permitted to drill. They have paid the LATION ACT OF 2008—MOTION TO real solutions to address the under- rent, but they have not yet been given PROCEED—Continued lying fundamental of domestic supply the keys to move in. and demand. We must insist on efforts The vast majority of the applications The PRESIDING OFFICER. The Sen- to increase our energy supplies, pro- face extensive administrative delays. ator from Pennsylvania. mote conservation, and encourage en- What is the current law? The current Mr. CASEY. Mr. President, I wish to ergy efficiencies. We would be failing Federal law requires that permits be speak on the legislation that is before the American people if we did not talk either issued or deferred within 30 days us, on the question of dealing with en- about increasing the domestic supply of the day the Government receives the ergy and in particular the price of gas- of energy. completed application. That is right, oline. We have had months now of non- I must comment on proposals to pun- the law says Federal bureaucrats must stop talk in Washington about gas ish companies that some believe are give an answer in 30 days. Well, there prices. not developing leases as quickly as are many instances where there is not Across the country, in my home they should. This is a ludicrous argu- even the acknowledgment that the sub- State of Pennsylvania and in the Pre- ment. Frivolous lawsuits and substan- mitted application was received. More- siding Officer’s home State of Delaware tial administrative hoops dramatically over, the applications sit for months and in so many other places around the delay oil and gas exploration and pro- and months, in some cases even over a country, people are frustrated. They do duction even on valid existing leases. year, and still Federal bureaucrats not feel Washington has been respon- These punishing tactics being proposed have not processed the application to sive to the concerns they have, and it are akin to leasing an apartment, only drill. is about time we did a lot less talking to have your landlord withhold the In a small provision that was slipped and do some acting and some legis- keys and complain about why you into this year’s consolidated appropria- lating. It is for that reason I stand be- haven’t moved in yet. Rather than pun- tions act, these production companies fore you to talk about this issue in a ishing existing operators, we can and now have to, in addition to all the pa- broad sense, but in a particular sense, should streamline the permitting proc- perwork, pay $4,000 every time they re- in terms of the legislation we have a ess. quest a permit to drill—a permit that chance to vote on this week or next Recently, I was in the part of Wyo- is on land that they have already week and certainly no longer than ming known as the Powder River leased and paid for, a permit that is that. Basin. It is in the northeastern part of not being processed in a reasonable, I wish to commend Senator REID, the the State. I heard firsthand about the timely manner, and a permit that may majority leader, and Senator DURBIN, obstacles people are facing when they not be processed for months or even the assistant majority leader, and oth- try to find more oil and gas. American years. ers for bringing a number of measures producers are routinely faced with There are over 850 drilling permits, to the floor aimed at addressing the rules and regulations that limit drill- just in Wyoming, that have been spe- high prices of gasoline. Since we start- ing for one reason or the other. cifically delayed due to policy develop- ed working on gas price legislation 2 Typical restrictions are related to ment, environmental delays, and even months ago, prices in Pennsylvania both occupancy of the land and the litigation. For people to say that oil have risen 40 cents, from $3.60 to $4.00. time during the year American pro- and gas operators are sitting on leases The average Pennsylvania family now ducers can operate. Examples of prohi- without any intent to drill is inten- is spending $2,792, almost $2,800 more bitions include extensive restrictions tionally misleading. In my State, the on gasoline than they were just 7 years for bird roosting, for bird nesting, for producers want to drill and they are ago, at the beginning of the current ad- migration, and for wildlife feeding. waiting to drill. They are simply wait- ministration. The seasonal prohibitions currently ing for the Government traffic cops to On top of that, people in Pennsyl- limit exploration to a small fraction of give them the green light. vania, who are the second largest users the year in many areas. As we can see For people who claim they want to of home heating oil in the whole coun- from this chart, some areas are off lim- increase domestic supply of energy on try, are eyeing the approaching cold- its to produce for all but 10 weeks of leases that have already been paid for, weather months and wondering how the year, from August 16 through Octo- there is a place you can focus your ef- they will be able to afford to heat their ber. This is the only time of the year fort. Focus on the thousands of permits homes, especially older citizens and they can produce. If this calendar rep- nationwide, and especially in my home low-income people living in rural resented the blackout dates for using State—permits that have not yet been areas, where they have to travel far our frequent flier miles rather than the granted, permits that are being held up distances to go to the grocery store or dates blacked out for finding the en- while waiting for the Government bu- to go to work or to live their lives. A ergy that powers our airlines, I guar- reaucrats to act. The leases have been few weeks ago, I met with some home antee you that outraged citizens all paid for, the workers are ready, and lit- heating oil retailers from northeastern across this country would be pounding erally, today, standing by ready to Pennsylvania, in my home area. That

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6998 CONGRESSIONAL RECORD — SENATE July 22, 2008 is where I live and that is where they this debate, I think there is more than The PRESIDING OFFICER. The time live. Now, these are retailers, not some ample evidence to suggest they are is unlimited. people in Washington but retailers in wrong, and there is other evidence to Mr. DURBIN. Mr. President, pending northeastern Pennsylvania, and their suggest they are deliberately mis- before the Senate is the energy issue, No. 1 request was to end excessive oil leading people. Let’s be honest about and, of course, America would expect speculation. it. Unfortunately, the counterproposal that. If I went back to my home State These retailers are on the frontlines in this Chamber and down the street in of Illinois—if I went to any State—and of this oil crisis, and they see families the House is to simply drill our way to stopped the average person on the struggling to pay all their bills. One of energy independence. We know that street and said: Got any problems? the people I met with was Ron will do nothing to lower gas prices. They would say: How about gas prices, Kukuchka, and he told me the story of The Bush administration’s own En- Senator? Are you paying attention? a customer last winter who stood in his ergy Information Association has Because if you are paying attention, store and literally counted out three clearly stated that if we opened the en- you will notice that as we drive down piles of cash: The first one was for this tire Outer Continental Shelf ‘‘any im- the street in the morning on the way to woman’s home heating oil, the second pact on average wellhead prices is ex- work or back home from getting the was for her prescription medication, pected to be insignificant.’’ Insignifi- kids from school, you take a look at and the third pile of cash she had to cant. Again, that is the Bush adminis- the signs at gas stations and they are put on the table, literally, was for food. tration’s energy information office. startling. They are going up all the At the end of her counting, she had $30 Aside from the larger issue of world time. When you pull in to fill up, if you to pay for the next month’s rent. oil prices and limited American oil re- can afford it, you are putting more Tammy May, a woman from Pleasant serves, there are practical reasons that money on the counter than you have Gap, PA, was quoted in the paper last drilling would not work. The world’s ever done in your life. People are say- week—and I read her brief statement fleet of drill ships, which are used for ing: What is going on here in America? to Chairman Bernanke in talking exploratory drilling of new oil and gas We can’t afford this anymore. about the issue of recession and the wells, are booked solid for the next 5 I took my little Ford pickup truck to economy—and this is what Tammy years—5 years. Even if we waived every a Shell station in Springfield, IL, a May said. And keep in mind this isn’t environmental law, oil companies couple of weeks ago, and at the end of some Washington analyst, some politi- would be unable to start pumping oil the day, it cost $61 to fill up that little cian or someone here debating this for years. pickup truck. I thought to myself: Glad issue. This is the reality Pennsylvania President Bush has acknowledged I don’t have to do this very often. But families are facing. Tammy May said: that increased domestic drilling would some people have to do it once a The house payment is first, then day care, not lower gas prices at the pump. It is week—and sometimes more often—and then we worry about gas, then food. merely, in his words, ‘‘psychological.’’ it is a serious problem. It is real cash That is the life of Tammy May, and Psychological. Well, psychology is not money coming out of their pockets as that is the life of too many American going to solve our energy problem, and they are struggling to keep up with the families. It is unconscionable—it defies neither will gimmicks and some of the cost of living. description to even say it—it is uncon- things that have been pushed in this What is going on here? Well, over the scionable to allow this to happen to Chamber recently. last several years, several things have families living in the richest country A series of goals to reduce gasoline happened. One of the things that has in the world. Is it any wonder people consumption through efficiency and al- happened, we know for sure, and there across this country are fed up, and in ternative fuels is our only hope, and is no question about this, the big oil some cases angry, about no action in the only way to achieve those goals is companies have steadily increased Congress? to map out a strategy, and then, as the their profits since President Bush and So once again, a lot of people in this advertising tells us, do it. Do it and Vice President CHENEY came to office, Chamber, but especially I think on this pass legislation. That is what the peo- dramatically increasing them to the side of the aisle, are trying to pass a ple in Pennsylvania and all of America point where these businesses—the oil bill to deal with the high price Amer- are expecting and demanding of Con- companies—are making more money ican families are paying at the pump gress—leadership to chart a course than any business in the history of the while we continue to work as a nation that gives us real solutions, along with United States—not just in the oil busi- to implement long-term energy solu- some immediate relief. ness but any business. They have bro- tions. That is why I am proud to co- The bill we are debating will bring ken the records in reporting these prof- sponsor the Stop Excessive Energy some sunlight—it is not a magic its. Speculation Act of 2008, because I wand—to the futures market so regu- Of course, they want to explain it to think it is a proposal with the poten- lators will have the information they us, and so they buy full-page ads, if you tial to impact gas prices. It is not a need to rein in excessive speculation take the time to read them in the magic wand, it is not some quick fix and detect price manipulation. newspaper, explaining we are not mak- for gas prices, but it has the potential Will this bill solve all our energy ing that much money. They compare to have a positive impact on this issue. problems? No, it will not. But it has themselves to other industries and Here is some testimony to that ef- the potential to provide relief to fami- companies, and yet the bottom line is fect. Last month, the managing direc- lies who are paying to line the purses there is pretty dramatic increases in tor and senior oil analyst of of the futures market middlemen while their profit-taking. In fact, they are Oppenheimer & Company said: we implement a long-term solution to breaking all records. This ad, of course, The surge in crude oil price, which more end our reliance on oil, and in par- was paid for by, as they say, the people than doubled in the last 12 months, was ticular to end our reliance on foreign of America’s oil and natural gas indus- mainly due to excessive speculation and not oil. try—something called energytomorrow due to an unexpected shift in market fun- So I hope my colleagues will support .org. damentals. the bill, and I hope we can work in a Most of these ads are being sponsored So says an analyst at Oppenheimer & collaborative way across the aisle and and paid for by the people who are Company. And the CEO of Marathon across the Capitol, in the House of Rep- making the money. The American Pe- Oil, not some Democrat who is trying resentatives, to lay out real solutions troleum Institute is one of the major to make a point or some Washington for the problem that is facing Amer- sponsors of this advertising, saying: We political scientist, the CEO of Mara- ican families. are not making that much money. But thon Oil said: I yield the floor. Americans think differently, because $100 oil isn’t justified by the physical de- The PRESIDING OFFICER. The Sen- in addition to this chart showing the mand in the market. It has to be speculation ator from Illinois. oil company profits, this one tells us on the futures market that is fueling this. Mr. DURBIN. Mr. President, how what has happened to the price of gaso- So for those who want to make the much time is remaining in this seg- line since President Bush took office. case that speculation is irrelevant to ment? It is not current because it still shows

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S6999 the price of gasoline below $4 a gallon. the United States, 2 percent; some say not drilling on the acreage they cur- I know in my hometown of Springfield 3 percent. That is an estimate of all of rently lease, something this next map and in Chicago, the price is way over the possible oil we could drill, if we will kind of show you from a viewpoint $4. It may be closer to $4.50. I wish it could drill everywhere, all the time, of the Western United States what I were not going up, but I am afraid it and do it as quickly as possible—2 to 3 am talking about. might. percent. All of the colored portions of this So we have seen oil company profits Now, that is an eye opener to think map of the Western United States rep- rise and the price of gasoline go up as that so little of the world’s oil reserves resent Federal lands that are being well. There are various ways to look at are actually within the control of the leased for oil and gas exploration. If this. You can say to yourself: Some- United States of America. So to say you will look carefully, the black sec- thing is wrong and I need a solution drill now is to give access to 2 percent tions are those that have been leased and—most people say—I need it right of the oil. Well, is it enough? Take a and are in production. The red, which away because I have to fill up again look at the oil consumption. The U.S. dominates and overwhelms this map, is next week. So what are you going to do consumes about 24 percent, almost one- federally leased lands that oil and gas right now to deal with it? Well, honest fourth of all of the oil that is produced companies are not actively using. They people, in responding to that, will tell and refined, and the rest of the world: have set the lands aside. So to argue you there is little we can do today to 76 percent; 2 percent of the supply, 24 that they do not have opportunity for change the price of gasoline tomorrow. percent of the consumption. To argue oil and gas drilling ignores the obvious; But there are things we can do in the that we cannot drill our way out of it they do. short-term that will have an impact. is fairly clear. We do not have enough Then they say: Well, what about the The Republican side of the aisle has oil in the command and reach of the Outer Continental Shelf? This gets sen- one approach, the Democratic side of United States to solve our economy’s sitive because there are communities the aisle a slightly different approach. needs. We are going to have to look be- along the Gulf of Mexico and the West- The Republican side of the aisle is ar- yond drilling for oil into other options ern United States that have environ- guing we should drill now—we need to as well. mental concerns about offshore drill- drill for more oil, right now. The obvi- I think that is one of the realities the ing. ous argument being that if the supply other side of the aisle has not acknowl- The fact is, a lot of offshore land should increase, prices should go down. edged. But there is oil available and under the control of the Federal Gov- That, of course, is their argument. land available to be drilled. There are ernment has been available for oil and They overlook what the Senator from 68 million acres of Federal land, con- gas exploration for a long time. There Pennsylvania mentioned a few minutes trolled by our Government, by us as are 68 million acres leased to oil com- earlier—if we decided today, if we taxpayers, that has been leased to the panies. Of that, 33.5 million are off- picked out one piece of territory in the oil and gas companies. shore. Again, the red sections are United States or off our shore and said: We have said to them: Would you be leased lands, Federal lands, leased to We think there is oil here, and so we interested in drilling on this land for oil and gas companies that they are are going to drill for it, we are going to oil and gas? They have put money on not touching, that they are leaving to bring it up out of the ground, take it to the table, signed leases to have that sit idle as they come to Congress and the refinery and turn it into gasoline right to 68 million acres of land. We be- argue: We need more millions of acres and we will feel the impact on price, it lieve that acreage could produce 4.8 bil- to explore. would take us, the estimates are, any- lion barrels of oil. That would nearly These are lands they are paying to where from 8 to 14 years for that to double the total U.S. oil production. lease, and they are not exploring. This happen. That 4.8 billion barrels of oil equals is the situation where we have a real It is a pretty massive investment to more than six times the estimated challenge, a challenge that reflects the go into drilling, with all the sorts of peak production of the Arctic National reality of what we are up against. seismological and geological testing Wildlife Refuge, which is another thing The reality is this. There are oppor- that has to be done, and they have to that is brought up often. tunities to responsibly drill for oil and secure the equipment in a market that So, currently, of the 68 million acres gas. We think those opportunities are is now kind of pushed to the limit. under lease from the Federal Govern- there now, and we can add to them in It takes a long time. So to argue ment for oil and gas, the obvious ques- a sensible way. So exploration and pro- ‘‘drill now’’ is to say ‘‘drill in 8 to 10 to tion is, why are not the oil and gas duction is part of the answer to the 12 years and then hope that it makes a companies drilling there? They believe gasoline and oil prices that we face difference in the marketplace.’’ there is oil and gas, they paid the lease today. But it is not enough. It is not Many people are arguing that point to do it, but they are not using it. They enough. of view. They are arguing that we have set this aside and they are not We know in this long time lag be- should be drilling for more oil. In fact, using it. They are not drilling on this tween deciding to drill and actually the same ‘‘people of America’s oil and land. And we have not stopped offering bringing up oil, we have to think about natural gas industry’’ are buying full- land to the oil and gas companies. what we can do now to make a dif- page ads in many newspapers around Just recently, since January of 2007, ference. Well, here is one idea: We have the country saying: Smart energy poli- we made 115 million acres of Federal what we call the Strategic Petroleum cies and good energy politics involve land available for the oil companies to Reserve. It is 700 million barrels of oil drilling more now. bid on oil and gas companies, to drill that we have set aside for the safety So the industry that wants to benefit for more oil and gas, 115 million acres and security of the United States. We from the drilling, the industry that is offered. What is that the equivalent of? have said, if the time ever comes when to profit at a record level from the Well, this little line represents the something awful occurs, we cannot drilling is buying the advertising, and line of I–80 across the continental bring the oil from overseas that we our Senators on the other side of the United States from New Jersey to Cali- currently need, we have this little aisle have accepted this battle slogan. fornia. And the 115 million acres is the stockpile—not so little stockpile—of This is what they tell us we need to do equivalent of taking a 62-mile-wide strategic petroleum that is available. is to drill now. But, of course, there are swath along I–80 from coast to coast 62 We are making the suggestion that some realities they often overlook in miles wide. That is how much land we we take 10 percent of it, some 70 mil- making this drilling now argument. have made available to the oil and gas lion barrels of sweet crude oil, and re- Here is one that you cannot ignore. companies to bid on for exploration. lease it over a period of months on the It is the reality that we have to be How much have they actually bid on? market. The belief is, if the Federal very sensitive to—it is this. This is the Only 12 million acres—12 million acres. Government sells that, first it will percentage of world oil reserves. And if When the other side argues there is not bring in money. That is oil that we you look, the country with the largest an opportunity for more oil and gas, to paid less for. Now it is commanding percentage is Saudi Arabia, 20 percent say, well, why did they not bid on the higher prices. And, secondly, more sup- of known oil reserves. Then you look at acres that were offered? Why are they ply on the market in the short term

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7000 CONGRESSIONAL RECORD — SENATE July 22, 2008 should bring down the price of a barrel long overdue. If they had been moving tion, perhaps even manipulation, in of crude oil and the price of the prod- on this before, they would not be in the some of these markets. Our bill says, ucts made with that crude oil, whether situation they are in today. So making and I think we should, put more regu- it is gasoline or jet fuel. more of those vehicles available is a lators in charge of the energy futures So immediately it will start bringing smart move. industry to make sure everyone is down prices. The Democratic side is Mr. Pickens believes we should have playing by the rules, to make sure calling for continued exploration in the more of these vehicles fueled by nat- some of the major traders are not push- millions of acres that are already ural gas. It would have less of a nega- ing up the prices strictly for profit tak- available to oil and gas companies; tive impact on the environment, it is ing. and, secondly, selling out of the Stra- more plentiful in the United States, I cannot see what the problem is with tegic Petroleum Reserve 70 million and it could, in fact, fuel our economy. that kind of regulation. We support barrels or so of oil to bring down the There are those who argue we should that. We want more and more markets market price and to make gasoline and move to another technology, plug-in to be disclosing. I want to know who is other products more affordable. hybrids. You come home at night, you trading in these massive amounts on That could have an immediate im- plug in your car, your truck, it is good energy futures and driving up the price pact. Is it the answer to our concerns? for 40 miles in the morning, which is of a barrel of oil. No. It is a temporary move, but we all we need each day, before the gas en- Regulating that is a sensible thing to need it. At a time when airlines are gine kicks in, and it does not pollute. do. I want to make sure the markets cutting back 20 percent of their sched- In the process, you get electricity from are available for commercial applica- ule and laying off 20 percent of their sources that are also clean. tions so that if an airline such as employees and more to follow, at a Yesterday in my office was a man Southwest, which has received quite a time when businesses are struggling who is involved in wind energy. My bit of attention—if Southwest does try against the possible recession, and the State, which I never dreamed would be to protect its future cost of jet fuel by turnaround in our economy, we need to a major player when it comes to wind hedging or buying futures in the oil provide that help. energy, has wind farms popping up all market, that is a good thing. And the But we need to do more. We have to over, literally hundreds of those wind markets should be there for them. But look beyond exploration and even the turbines generating electricity without if some wealthy investment bank de- Strategic Petroleum Reserve to the polluting. cides they want to move around a cou- real honest challenge we face; that is, The opportunity across America is ple of billion dollars and play the mar- coming up with an energy policy so we almost limitless to replicate that tech- ket on oil prices, and people across do not find ourselves in the predica- nology once we have made an invest- America are paying higher gasoline ment we are in today with the Repub- ment in the infrastructure of trans- prices as a result, I am not sure I am licans arguing, keep on drilling and do mission and distribution lines. But going to stand by and applaud that. not worry about tomorrow, and others that is part of the overall picture. I want to make sure there is a sen- coming up with solutions that might America’s energy policy involves re- sible market, well regulated, with rea- have a temporary benefit but not a newable and sustainable sources of en- sonable limits in trading. So we believe long-term benefit. ergy. We cannot talk about the energy speculation is an important part of this What is the long-term answer? Well, issue without raising two other impor- issue. Time and again, Republicans the long-term answer can be found tant issues. One is our Nation’s secu- have come to the floor over the last from a number of people, one of whom rity. As long as we are dependent on several days saying: Oil speculation is is a fellow whose name you can hardly Saudi Arabia and the Middle East for not the problem. I disagree. ever forget: T. Boone Pickens. Mr. T. our oil, we are going to be drawn into The second thing is, we have to ad- Boone Pickens, who has made several foreign policy choices that we do not dress the oil companies. The profit tak- billion dollars in the oil industry, is want to face. We will be drawn into ing that is going on there is hardly now spending some of his money on tel- wars and challenges domestically and ever criticized on the other side of the evision advertising. You can hardly diplomatically that we never would aisle. It should be. The oil companies miss him if you are in Washington and have faced if we were not so dependent. are doing quite well, at the expense of other parts of the country. So reducing our dependence on for- average families, businesses, and Here is what Mr. Pickens recently eign oil is a small thing from our coun- farms. So putting together a com- said: I have been an oilman all of my try from a security point of view and prehensive energy package involves re- life, but this is one emergency we can- also from the environmental side. I am sponsible exploration and production. not drill our way out of. But if we cre- one who believes in global warming. I It involves releasing oil from the Stra- ate a new renewable energy network, believe it is a serious problem that is tegic Petroleum Reserve to bring we can break our addiction to foreign getting worse. If we do not do some- prices down on a temporary basis. oil. thing about it, we are going to leave a Also, we need investments in tech- What he is saying is what we all in- much different world to our children nology and research so the cars and stinctively know: there are ways for us and grandchildren. So as we think trucks we drive are more fuel efficient. to reduce our consumption of energy about our energy challenge, we need to We need ways to make sure buildings and still have a strong economy and a put together with that challenge an an- and others things we invest in are good life in America. The changes are swer which meets the environmental greener and more energy efficient. We not going to be dramatic; they have to challenges to reduce our pollution. I need to be thinking about new tech- be thoughtful. think we can do that. I think we can nology and research that moves the First, we need cars and trucks that put these things together. And in com- Nation forward so the economy grows are more fuel efficient. My wife and I bining them into an integrated energy but not at the expense of the average bought a Ford Escape hybrid a few policy, we can find ways to reduce our person trying to pay gasoline bills and years ago. It is no Prius. It gets about energy consumption without compro- not at the expense of an environment 27 miles a gallon. That is pretty good mising our quality of life or the growth children will need to live in to have the by most standards. If you drive a Prius, of our country. good life we have had in this world. you might get 45 miles a gallon, to give I have listened carefully to the other I hope we can have a comprehensive you a comparison. So we can do better side as the Republicans have come to approach. We have offered Republicans when it comes to cars and trucks that the floor. And there are two things one basic procedural opportunity, but I we build, make them more fuel effi- which you will never hear as they get think it couldn’t be fairer. We have a cient. up and speak: First, they are not crit- speculation bill. We have offered them: I read in this morning’s New York ical of speculators. They are not crit- Bring a speculation bill before us. You Times that Ford Motor Company has ical of those who are speculating in the can have your debate. We will face the decided to get away from the SUVs and energy futures market. same vote. Let’s see who wins. We have heavy trucks and start building more Many people believe, and I am one of an energy bill. Bring your energy bill fuel-efficient cars and trucks. That is them, that there is excessive specula- before us. Let’s have a debate. Let’s

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7001 have the same vote one way or the lulose wood products. Senator ISAKSON neither side will get 60 votes. What we other. Let’s see who wins. How much and I have talked about that. Our need is some bipartisan participation, fairer could it be? They get to devise States have a good bit of waste wood in and we need to do some things. their own amendments, put what they the forest that could be a nice improve- Eighty-five percent of our offshore want in, and bring it for a vote. That is ment, and perhaps produce a good bit oil and gas is under a moratorium. We fair. I hope they will accept it, and I more, even than corn ethanol. have blocked the Air Force’s ability to hope this important debate will start But I want to go back to the situa- use synthetic fuels produced from coal. soon. tion. Are our colleagues on the other We—I say ‘‘we,’’ I mean the Demo- I yield the floor. side who claim to be interested in help- cratic majority, in truth—slipped that The PRESIDING OFFICER. The Sen- ing America get through this terrible through in the last Energy bill that ator from Alabama. economic time not going to discuss passed. Mr. SESSIONS. Mr. President, I ap- with us how to produce more energy at Our colleague, Senator OBAMA, a preciate many of Senator DURBIN’s re- home? I can’t believe that. The only Member of this Senate, the nominee of marks. I don’t see why in the world we thing that is consistent with that pol- the Democratic Party for President, can’t reach some sort of bipartisan icy, which we have seen for some time praised Vice President Gore’s speech consensus on how to go forward with now, is the consistency of former Vice and has not made, to my knowledge, the national crisis that is hitting us President Gore’s statement this week one specific criticism of it. In the today. that he wants to take all of our elec- former Vice President’s speech, he did He and others have hinted that they tricity and produce it from nonfossil not in any way suggest nuclear power are willing to produce more energy in fuel sources, which is unthinkable. Un- as one of the solutions to the difficulty America rather than spend $700 billion less there is some monumental break- we are in, which is pretty much un- a year of our wealth exporting it to through, it is not possible. It is not thinkable, if one gets my drift. It has countries such as Venezuela or Saudi going to happen. It cannot be the basis to be done. Arabia to purchase the 60 percent of oil of a sound energy policy by any respon- Nuclear power is making a comeback we use. But they don’t propose that. sible official in America, it seems to around the world. According to the The only legislation they have pro- me. Maybe I am wrong, but I don’t World Nuclear Association, 129 plants posed is the speculation bill. I suspect think so. are currently on order or under con- there are a lot of things we can do to After the price of gasoline spiked, we struction in 41 countries and 218 more deal with speculators who are acting ended up with our majority colleagues have been proposed. We have 104 in improperly. I support that and don’t offering a cap-and-trade bill that they America. It makes 20 percent of our have any problem with them, although wanted to pass that, in effect, would be electricity. Fifty percent is coal, 20 I think we want to be careful and not a major tax on energy, which the EPA percent is natural gas, 20 percent is nu- only repeal the futures market, appar- said would raise the price of gasoline clear, 10 percent is all the rest, with ently, as some would suggest we should by $1.50 a gallon and could double the less than 1 percent coming from wind do. I think we should move on it, and price of electricity. This is what we are at the present time. These European we have a lot to do in that area. seeing here. I don’t think that is rea- countries, advanced countries, have But I have been asking myself, why sonable. come to clearly recognize that nuclear is it that we are not seeing any sub- Our goal should be to change the ex- power is the best way to produce clean stantive effort on the majority side to tent to which we have to use fossil base load power without it emitting deal with the clear crisis we have? And fuels. I am for limiting them. I am for pollutants. England, the United King- the crisis is that the entire world is better efficiency. I am for geothermal. dom, has recently commissioned eight using more oil and gas; Saudi Arabia, I am for solar, if we can make it work. new reactors, reversing its recent pol- Venezuela, and other countries are re- I am for wind, if we can make it work. icy to abandon nuclear power. Ger- ducing their production, even Russia, I The whole Southeast is generally rec- many’s Chancellor Angela Merkel has understand, and Mexico. As a result, ognized as not a place where any wind also recognized the importance of nu- we have shortages. That is how specu- energy can be efficiently produced. clear power in meeting their chal- lators manipulate. They are able to What we have to do is be realistic lenges, calling for a halt to the odd manipulate when there is a shortage. about the multiplicity of steps it takes plan they had to close down their exist- We need to fundamentally—do some- to be independent and to reduce our ing reactors. The American people also thing about the shortage. When we CO2 emissions, our global warming support the expansion of nuclear have a choice—and we clearly do—we gases, and to make our environment power. Of course, France has 80 percent should produce our energy from Amer- cleaner. of its power coming from nuclear, and ica, keeping all that wealth here and I will take a moment and ask the Japan is soon to pass the 50-percent not sending it abroad to countries, desk how much time I have used. I mark. According to an MSNBC poll, 67 many of which are not our friends. would like to be notified when I have percent of the American people support That is so basic, it goes beyond logic. used 10 minutes. building more nuclear powerplants. I had a little idea, maybe, as to what The PRESIDING OFFICER. The Sen- I see the Chair is calling my time, is going on here. It came to me when ator has used 61⁄2 minutes, and the and other Members are here to speak. I former Vice President, former Demo- Chair will be pleased to notify the Sen- do believe that in any component to cratic President Al Gore, in his speech ator when 31⁄2 minutes is up. move to clean, nongreenhouse-gas- this week, renounced all fossil fuels Mr. SESSIONS. I thank the Chair. emitting energy, nuclear power has to and declared that this Nation ought to I ask unanimous consent that the be a part of it. I have not seen that in have as its policy to eliminate fossil time allocated to the Republican side my colleagues’ plan, zero from the fuels totally from making electricity be limited to 10 minutes per speaker. Democratic side on this issue. It is in 10 years. That is one of the most The PRESIDING OFFICER. Without something we must do. breathtaking statements I have ever objection, it is so ordered. I yield the floor. heard. Fifty percent of our electricity Mr. SESSIONS. Senator DURBIN did The PRESIDING OFFICER. The Sen- today is coal; 20 percent is natural gas. say we need to have an opportunity to ator from Georgia. What he is saying is, we don’t produce offer amendments and vote on amend- Mr. ISAKSON. Mr. President, in just any more, and we are going to make all ments and let’s talk about how to de- short of 2 weeks, the Senate will leave of our electricity in 10 years from re- velop a national energy policy. I take for what is the traditional August re- newables—wind, solar, and biofuels. We that as a good statement. The only cess. There is one thing about which have already hit 5 percent of our fuel thing I am worried about is that will be every Member of this Senate today for gasoline from corn ethanol. Most one of these deals in which we on both agrees upon, not a single dissenting people—I think everybody agrees— sides say: Your amendment has to have statement from anybody—the largest agree we are at about the max we can 60 votes to pass and our amendments problem and biggest issue facing the possibly get from corn. So I think have to have 60 votes to pass. We do American people today is the rising there is some real potential with cel- that a lot of times because we know cost of energy and specifically the high

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7002 CONGRESSIONAL RECORD — SENATE July 22, 2008 cost of gasoline. It would be sad and yield are the same people who, in some of America, and find a willingness and disappointing if this Senate adjourned way or another, have no limit on the a heart to find common ground. Our for a recess in August without having positions they can take or offer in the country faces some significant chal- addressed the energy problem in a commodities market. I think the posi- lenges economically today, and what- meaningful, bipartisan, multifaceted tion limits ought to be equalized across ever our differences may be politically, way. the board, whether you are a user or a we should be united in finding common In the speech I made on the floor 3 speculator or a Wall Street banker. ground to solve those problems, and weeks ago, I made the statement that So those are both good positions. But the biggest is the price of energy to the it was time for Republicans and Demo- that is the only thing the bill address- American family. It is impacting every crats to put the elephants and the don- es—speculation—when there are so single thing they do. keys in the barn. It is time for us to many other things we need to do. No. 1, So I come to the floor today to wel- find a way to find common ground, set on the production side, we do need to come the ability to debate this legisla- aside those divided issues, and put on start exploring our own resources. It is tion, to want to talk about dealing the table those issues which both of us true, it will take 10 years to get some with speculation—but not speculation know will help to solve the rapidly in- of those resources to produce. But the alone. We should not make ourselves creasing price of energy and the long- very fact we finally make up our mind feel good by passing one bill that deals term problems it portends. to do it will make it 1 day shorter each with one issue and only one component Last Thursday, Senators BINGAMAN day we have made up our mind. If we part and go home and say we did some- and DOMENICI brought to the Senate put it off today, it is 10 years from to- thing. We should take pride in taking two renowned experts on economics morrow before we get the production. all the facets we can agree on—what- and energy. They testified for over 4 We ought to go ahead and get it. ever they might be—incorporating hours in Dirksen room 50. About half- Where we have significant dif- them in a bill, and leave here in August way through that testimony, Senator ferences—such as ANWR; we can de- knowing we did something for the peo- CONRAD of North Dakota posed the fol- bate that separately—but there are ple who have sent us up here to rep- lowing question to both of them. He other issues where there should be no resent them, the people of the United asked: Gentlemen, if you could, please debate, either in the OCS or extracting States of America. tell me, where is it America has gone the shale oil in Colorado, North Da- I yield back the remainder of my wrong? After pausing for a minute, the kota, and Montana. Conservation, en- time. economist leaned back and said: For 25 couraging a savings—we ought to be The PRESIDING OFFICER (Mr. years, the United States has encour- working to do everything we can to en- SANDERS). The Senator yields the floor. aged consumption and discouraged pro- courage Americans to conserve. The Senator from Minnesota. duction. We should be encouraging pro- Quite frankly, Americans have al- Mr. COLEMAN. Mr. President, noth- duction and discouraging consumption. ready gotten that message. For all the ing—nothing—is more urgent, more The lightbulb went off in my mind. rapid transit, mass transit in my city important today, and nothing is of He is exactly right. The policies of this of Atlanta, the buses are full, with greater significance to the American Congress, of our leadership, Republican standing room only. So is the subway. people than dealing with our energy and Democratic, have looked the other Ridership is way up. The traffic is crisis. Gas is $4 a gallon. Every time way. We looked the other way when we much better because people are start- you fill up, it is like getting a smack in dodged the bullet of the Arab oil em- ing to find economical ways to travel. the face. My constituents say they bargo in the 1970s. We forgot about the We ought to incentivize more and more don’t know what is going to get filled lines, the shortages, the caps. Some- of that. up first: their tank or their credit how, we looked out to another day to We ought to incentivize conservation limit. solve the problem. wherever we can. We also ought to look We have to cut to the chase. Ameri- That other day has come. I suggest to at those things such as nuclear energy. cans are furious with Congress. They you there are multiple things we all I know the Presiding Officer today has are not just angry about our inability agree upon, if we will put our partisan- shared with me the common ground he to get something done, they are fearful ship aside and do it. I encourage the and I have on a safe, reliable way to that political leaders on both sides of majority leader to allow, when we get produce energy in nuclear. It does not the political aisle are more concerned to cloture, all amendments to be of- pollute. It does not contribute carbon. about winning elections and partisan fered and debate to be open and free- It is proven to be reliable around the arguments than they are about pro- flowing and for us to be willing to put world. tecting our Nation. all issues on the table. Mr. President, 19 percent of our en- I am glad the leader has brought an Let me begin. S. 3268, the bill before ergy today comes from nuclear. In 20 energy speculation bill to the floor, us, deals with speculation. I have read years we could take it to 50 percent, and that is a piece of this issue. I will through the bill. I want to commend and we could reduce our carbon foot- talk about that a little later. But we two parts of it. print, while geopolitically we could need a full-throttled debate. We have No. 1, I commend transparency. Most have a tremendously positive effect on to put everything on the table. The of us in this body are not familiar with our country. Renewable sources of en- American people expect us to do all we speculation or the speculative markets ergy should be incentivized across the can, not take a piece and get involved or commodities. We all need a better board, as biofuels should be the same in a political debate, and perhaps walk education and more facts to get it, and way. We should not have selective en- away with nothing being done and say the exchanges ought to have absolute couragement in tax policy. We should we put it on the table. This is not transparency so we know what is going have open encouragement on all re- about what you put on the table. This on all the time everywhere. search and development, whether it is is about whether you are serious about Secondly, I commend the portion on synthetic, renewables, or biofuels. dealing with this issue of under- position limits. I learned the other In essence, I have simply come to the standing that, yes, we have to deal day—and I believe this is an absolutely floor to say this: We all know precisely with more conservation; that, yes, we accurate statement—that all the users what the problem is. We all know there have to deal with new technologies to of commodities—airlines that buy fu- is not one answer. It is not just specu- cut energy use; that, yes, we have to tures in petroleum, cereal makers who lation. It is not just exploration. It is deal with speculation; that, yes, we buy futures in grain—all have position not just conservation. It is not just have to deal with finding more energy limits, meaning there are limits to wind. It is not just solar. It is not just and consuming less—all of it. which they can speculate. hybrid vehicles. It is not just plug-in To simply address and pass a specula- But did you know who does not have cars. It is all of those things. tion bill alone to address the energy a position limit? The investment bank- But the solution lies in the heart of crisis would be like using a garden hose ers on Wall Street. The same people a Senate that is willing to put its par- to put out a forest fire. The issue is who brought us the subprime crisis by tisanship aside, address the No. 1 issue that great, the challenge is that great, securitizing high-risk loans at high facing the people of the United States and the American people expect us to

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7003 deal with this in an honest way. If you nology by boosting domestic energy supplies perate. This is your job, this is what you disagree with whether we should do so we can lower the price of gas and reduce were elected by the people to do. more exploration in the Outer Conti- our dependence on foreign oil. She is right. This is what we were nental Shelf, then vote on it. But this Americans get it. They understand elected to do. is not something in which we can sim- that with $4 a gallon gasoline, we need The majority leader has called up a ply put something on the table and tell a comprehensive energy plan, and we bill focused on speculation in the en- the American public we have dealt need it yesterday. The great news is we ergy commodity markets, which is cer- with it. They are smarter than that. not only have the capability to produce tainly one of the areas we should act They deserve better than that. more and use less, the natural and on. As former chairman and current America is blessed with remarkable technical resources to solve this energy ranking member of the Permanent energy resources, but we have tied our crisis, but I also believe there is Subcommittee on Investigations, I hands behind our backs—keeping vast enough room for compromise. There have worked with my friend and col- oil and gas deposits off limits in the are Democrats and Republicans work- league Senator CARL LEVIN on this Outer Continental Shelf, not to men- ing together, Democrats who under- issue of market manipulation and ex- tion potential oil shale. Just consider: stand we need to find more energy and cessive speculation in the commodity We currently have 85 percent of off- bring it to the surface, use it. markets for years. I am proud of the shore acreage off limits—in the lower We have to figure out a way to get work we did to close the Enron loop- 48 States—to development and 100 per- past this divide, this idea that if we put hole as part of the farm bill. I, along cent of at least 800 billion barrels of re- it on the table and we have generated with many others in the Senate, have coverable oil from oil shale off limits. a debate, somehow we have done some- been looking into the effect of in- If we developed the entire OCS, we thing, because we have not. There is creased speculation in the commodity could see an additional perhaps 86 bil- not a full-throttled, honest effort to markets on the price of oil. lion barrels of oil and 420 trillion cubic deal with this problem unless we put it I hope the majority leader will allow feet of natural gas. on the table, have the debate, and we speculation amendments so we can The argument is made: Well, there come to some conclusion. The answer consider other approaches to dealing are areas that are not being used is not complicated: Find more, con- with speculation, such as a proposal re- today. Listen, I am a believer of if you sume less. You have to do both. There cently introduced by Senator LEVIN don’t use it, lose it. But where is the are folks working on plans right now. and Senator FEINSTEIN that I have co- logic in saying we have production in We can authorize deepwater drilling sponsored. But what we need is an areas that are producing oil today that in America’s Outer Continental Shelf. amendment process that allows produc- may be closer to shore but still off- By the way, plow the Government reve- tion and efficiency amendments to also shore, and somehow we have drawn nues from the OCS into a fund to fully be considered. this arbitrary line that says we can’t fund renewable energy, fully fund en- We keep hearing about this concept: go right next to it? Oil is not found in ergy efficiency programs, fully fund If we do what we did with landing a quadrants or areas. There are veins some of the programs that I know the man on the Moon, by the end of the that run across. Americans expect us Presiding Officer is concerned about— decade we can get this done. If you re- to do everything we can to take the low-income heating assistance. Folks flect, at that time the Russians put pressure off so they can live their lives are going to be impacted this winter Sputnik in space first. It was a blow to and enjoy their lives. when the price of natural gas goes the American ego. When President If we can push forward energy-saving through the roof and the price of home Kennedy set forth his vision: We will technologies at our fingertips, we could heating oil goes through the roof. If we land a man on the Moon by the end of see an immediate impact on prices. For have the opportunity to bring in re- the decade, we did not have computer one, Congress should accelerate the sources to fund those things, it is a technology to get to the Moon, never production of plug-in hybrid electric win-win for everybody. mind to get back. But Americans came cars and trucks, which would dramati- We need to allow exploration of ways together with a vision and a plan and a cally reduce the cost of fueling vehicles to tap into America’s vast oil shale de- resolve. for consumers and lower the demand posits. We need to expand electricity I suggest that you did not land a man for fuel. generation from new nuclear plants. It on the Moon with a single-stage rocket We should expand tax incentives to is not enough to say: Let’s wait until that went halfway there. You have to produce and purchase vehicles running we figure out what to do with the get to the moon, and you have to get on alternative energy and fuel cell waste. I always tell folks, the French back. You did not land a man on the technology. There are lots of options are not braver than we are. Whether it Moon—or you are not going to end the out there. We have to get serious about is 75 percent or 85 percent of their en- challenge we have now to do something it. ergy that comes from nuclear energy, about the price of oil if you say no to Americans know we have tremendous they reprocess the waste. If you say we new exploration, if you say no to new energy resources, and when many can- are going to wait to solve the problem, expanded nuclear production, if you not afford to drive to work, it infuri- it means you are not for expanding the say no to oil shale exploration. You ates folks if Congress refuses to use use of nuclear energy, and that is a cannot be saying no to new opportuni- those resources. Many share the frus- mistake. ties and then, in the same breath, say: trations of a Minneapolis man who We need to do it all. We need to fund We need a man-on-the-Moon commit- wrote: technological breakthroughs in battery ment. We need a commitment that is We need energy independence. Why should technology to bring plug-in cars and real, that is across the board. Put it all we be paying for our energy from the very trucks to the market. We need to pre- on the table, and then make some deci- countries that want to kill us? DRILL do- vent energy futures speculation from sions. mestically now! We have vast resources of artificially inflating prices. We hear the argument that says: our own that should be tapped. One thing stands in the way of doing Well, if we move forward with new pro- From southern Minnesota, a man ex- what the American people sent us to duction, some of it is not going to take pressing his anger at Congress’s inac- accomplish, and that is political effect for 10 years. When I was mayor tion asks: gamesmanship. of St. Paul, I took over a city in which How much economic pain must Americans A woman in rural Minnesota with a we abandoned the areas along the suffer before Congress changes course? Gaso- 9-year-old son and struggling with a 67- shores of the Mississippi, what I called line prices are at $4.00 a gallon and rising. mile commute summed up a lot of the the retreat of the industrial wasteland. . . . It is time to do something different. frustration out there when she wrote to We had industries there, and they Most Americans want energy independence. me: stepped back, and it was barren. So Or at least not to be held hostage. I am sick of the lame excuses I hear from when I talked to folks about planting That is what this is about. all of you. I would really appreciate it if you trees, they would always say—I re- They want to create new jobs here in could stop politicking and do something be- member this because it rings true America. We should do that with new tech- fore the people of this Country get more des- today—the best time to plant trees was

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7004 CONGRESSIONAL RECORD — SENATE July 22, 2008 20 years ago, 10 years ago. The second us $5,000 per second, tax cuts for the The oil companies control an enor- best time is now. The best time to have wealthiest Americans that could cost mous amount of land. When you add it done the exploration was 10 years ago. more than $4 trillion before the next all up, it is an area more than 12 times The second best time is now. decade is out, and that has caused the the size of my home State of New Jer- My friends who will come to St. Paul value of the dollar to drop and inves- sey. So why would signing over yet this year for the Republican National tors to buy more commodities, such as more land to them have any effect at Convention will see tens of thousands oil. all? of trees that are in full bloom because The oil futures market used to be pri- It is not that companies don’t have we planted them when I was mayor marily a place for companies to pay in enough land to drill on. That is not the more than 10 years ago. advance for oil supplies they knew they bottleneck. The bottleneck is that, for Energy is the same way. It sure would need. But now the futures mar- 20 years, oil companies have been would have been better to open up ket is overcome with runaway specula- underinvesting in oil exploration and deepwater drilling 10 years ago, but tion, with people buying futures be- in the infrastructure, the equipment, that does not mean we should not start cause they are betting the price will go and even the engineers needed to do ad- now, or else we condemn Senators in up. Some experts say speculation is ditional drilling. Here is what the CEO of the Amer- 2018 to rehearsing and rehashing this adding as much as 50 percent to the ican Petroleum Institute—the trade or- same debate. cost of every barrel. With oil prices ganization representing all of these I wish to share one last letter from a this high, oil companies are raking in companies—said last month: constituent who wants us to get be- record profits—sums of money that are bigger than the GDP of some countries. Every single available drilling rig, drill yond the partisanship and get to work. ship is in use—being used right now. You Dan writes: But instead of reinvesting that can’t go and drill when you don’t have equip- I am a middle class Minnesotan and have money in their business and in renew- ment. We are not magicians as an industry. become very concerned over the last several able energy possibilities, and expand- So all of this clamor for more land years about our elected leadership in the ing production to meet our country’s doesn’t do anything about that reality. Congress. Are they working for the people of growing needs, oil companies are in- For all of this land, this water, the this country or the political parties they be- vesting in their own share price by long to? Now is the time to address energy rights, all of these land rights—all of buying back their own stock. That may that doesn’t even deal with that. If we issues, not after the fall election. It is time be good news for Wall Street, but it is to open up areas in America to exploration. give them even 1 more acre, what bad news for anyone struggling to pay Finally, he goes on to ask: would it mean? to fill up their gas tanks. That is part of why it would take so Do you think the founding fathers of this That is how we have gotten to $140 a long—as long as a decade—to get to the country would be proud of the political proc- barrel oil—tight supply, high depend- first drop of oil from the Outer Conti- ess today? ency and demand, a Bush budget deficit nental Shelf. Even if we wanted to, if I think this is exactly what we that is weakening the dollar—oil is we thought it were good policy—which should be asking ourselves. If ever traded in dollars—speculation in the I do not—the capacity isn’t there. there were a moment for us to come to- market, and the oil companies’ greater There is a reason they don’t have the gether as a nation to protect and pre- concern for boosting their share price equipment to drill more: They are not serve our freedom and our liberty, as than for boosting production. reinvesting in their own businesses. our Founders did more than 200 years Some of my colleagues on the other They are only investing in their own ago, that moment is right now. side of the aisle have suggested all it stock. Last year, ExxonMobil spent We recently celebrated our Nation’s would take to bring down oil prices about $21 billion in capital expendi- day of independence. As I traveled to would be to allow oil companies to drill tures, such as buying new equipment, Minnesota, I found no signs of retreat off the east and west coasts of the compared to more than $35 billion it or fear about America’s ability to meet United States. Here is the problem gave to its stockholders. this energy crisis head on. They were with that: The companies already have, What we see here in this chart is, in certain we can reach energy independ- as we have said before on the floor, 68 fact, billions of dollars of big oil stock ence, that we can stop being held hos- million acres of Federal land under buybacks. You can see that from 2002 tage by thugs, tyrants, Saudi sheiks, lease that they are largely not exploit- to 2007, it has increased over five times Ahmadi Nejad, Chavez, and others. Yet ing. The Federal Government will be what it was 6 years ago. So the reality they were uncertain Congress would be opening 2.3 million additional acres to is we have a lot of money from big oil able to summon the courage and con- them in October, and they have over going back into big oil stocks, raising viction necessary to set this Nation on 200 million more acres they don’t lease, the value of these stocks, but doing a new path. but they could if they wanted to. The nothing about what the CEO of the We must act on a comprehensive en- oil companies clearly think there is oil American Petroleum Institute talked ergy bill before the August recess, and on all those millions of acres or else about. In the first quarter of this year, with there is no better time to do it than they would not be leasing the land. But oil prices sky high, ExxonMobil de- now. Let us do the job we were sent they are not using it. cided to spend almost $9 billion on here to do. To get an idea of the scale that is in- stock buybacks alone—$9 billion in the In 1994, Members of Congress worked volved, here is a map showing how first quarter. They spent almost a full into the August recess to pass a crime much territory the oil companies con- 40-percent less on actually exploring prevention bill. If we cannot pass a trol in the Gulf of Mexico. The red area for oil. The situation is more extreme comprehensive energy bill with solu- represents all of those unused acres. It at ConocoPhillips, which told its inves- tions big enough to match the size of is a huge portion of the gulf region tors that its stock buybacks this quar- this crisis before the August recess, that is going completely undeveloped, ter will come to about $2.5 billion or then I don’t think we should leave for and that has been available to them al- nine times its budget for exploration. the recess until we do. ready. Yet all of those red areas go un- On the whole, the five biggest inter- I yield the floor. developed. national oil companies used more than The PRESIDING OFFICER. The Sen- Here is an even more impressive half of the cash they made from their ator from New Jersey is recognized. map—the map of how much of the businesses in stock buybacks and divi- Mr. MENENDEZ. Mr. President, here western United States oil companies dends last year, up from only 1 percent is the situation we find ourselves in control. The black portions show where in the early 1990s. with respect to oil. Global supplies are oil companies are exploring and, again, An expert at Rice University who tight, global demand keeps rising, and the red section shows where they are studies how oil companies spend their our country has a dangerous depend- not exploring. As you can see, it is money summed it up very well. She ence we haven’t yet begun to break. overwhelmingly staggering, all of those said: Meanwhile, the Bush administration red sections of places where they al- If you’re not spending your money finding has run up massive budget deficits, in- ready have the ability to pursue, which and developing new oil, then there’s no new stigated by war in Iraq that is costing they are simply not pursuing. oil.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7005 There is a very simple economic re- by 800,000 barrels a day—is that since Sometimes, if you go to the Archives ality here: While families are strug- April we have continued to see record building here in Washington, on its gling to make ends meet, the oil com- gas prices—prices going up. In recent portal it says, ‘‘What’s past is pro- panies are flush with cash. We have weeks, Saudi Arabia has increased logue,’’ and I would remind Americans seen big oil profits steadily increasing their production by 500,000 barrels of some of these facts. We were all told under this administration, from ap- every day. What happened? Gas prices we had the most advanced tankers in proximately $22 billion or so in 2002 to continued to go up. the world and that they would prevent nearly $120 billion in 2007. That is So how is it that if we had 800,000 any spills from happening, but we all about $100 billion more. barrels a day in reduced demand—gas also, I hope, remember the devastation There is a simple economic reality prices went up—and 500,000 barrels a off the coast of Alaska after the crash here. Families are struggling to make day in new production by Saudi Ara- of the Exxon Valdez. We all remember ends meet, but the oil companies are bia—a combination of 1.3 million bar- that after Hurricanes Katrina and Rita flush with cash. Instead of investing in rels a day—how does the Bush-McCain there was, yes, a human tragedy and the new equipment they say they need drilling plan compare to these recent there was also an economic tragedy. to pursue the lands they want, they are events wherein prices have gone up, There was an environmental tragedy giving themselves a big payback and notwithstanding that shift of 1.3 mil- off the gulf coast. I have read com- plowing their cash back into their own lion barrels a day? ments by some who say: Oh, nothing stocks. If we open all our shores and risk all happened. Look at that. The infra- At some point, oil companies need to our tourism, fishing industries, and all structure and the technology is so ad- recognize they have been trusted to the economies of all the coastal States vanced, we didn’t get one drop of spill- manage natural resources from public to oil production, the first drop of oil age after Hurricanes Katrina and Rita. lands, and there are times when they wouldn’t be seen until the year 2017, Wrong. False. Seven hundred thousand have a responsibility greater than and oil production would peak in the gallons of oil spilled into the Gulf of boosting their bottom line. With gas year 2030. What could we get in the Mexico, and over 7 million gallons of and food prices through the roof, and year 2030? We would get 200,000 barrels oil leaked offshore from the infrastruc- the economy sputtering, we arrived at a day. Well, my God, if a reduction of ture that supports offshore drilling. that point long ago. So when people 800,000 barrels a day has done nothing Now, here is a picture. This is not my say, ‘‘We need to drill more,’’ I say, tell and gas prices went up, if the Saudis picture; this is a picture from the U.S. it to the oil companies. Tell them to are pumping out 500,000 new barrels a Coast Guard. What did they do to try use their profits to invest in more day and prices go up, how is it that get- to deal with the oil that leaked? They equipment and drill in the 68 million ting 200,000 barrels a day in the year burned it to try to dissipate it. If I saw acres they already have leased. 2030 is going to reduce gas prices to- Basically, when oil companies say this off the New Jersey shore or in morrow? It is a sham being created by North Carolina or Florida or California that giving them more acreage would those who want another grab for their increase the amount of oil they or Oregon or Washington, I would say oil company friends, as we have seen that is a major disaster. Yet we have produce, it is like saying, if your car is over the last 7 years by the two oilmen about to run out of gas, you need to colleagues who say not a drop—not a in the White House. drop—spilled. False. Wrong. Not true. pull over and install a bigger tank. The To put that number another way, the problem in that situation isn’t the size Between commercial fishing, sport amount of gas we could get from off- fishing, forestry, and tourism, drilling of the tank, and the problem we face shore drilling is equivalent to a few ta- right now isn’t that oil companies would pose a threat to coastal econo- blespoons per car per day. Together, an mies that are over $200 billion a year. don’t have enough land to drill on. The 800,000 barrels-per-day reduction in de- problem is they are not drilling on That is how much our coastal econo- mand, an increase of 500,000 barrels per mies generate along the east and west what they have. Not to mention, even day of Saudi production equals that 1.3 if offshore drilling produced every drop coasts—over $200 billion a year. That is million barrels-per-day shift in the part of what led President Bush’s fa- optimists are talking about, it would market. Yet we still have record gas not even be close enough to affect gas ther to declare, when he was President, prices. So if this massive shift has no when he put in place the moratorium prices one way or another. Even Presi- impact, it is clear the production of dent Bush’s own Energy Information on offshore drilling, that: 200,000 barrels a day in the year 2030 Administration admits that all we are Certain areas of our coast represent unique will do absolutely nothing at all about talking about is a drop in the bucket natural resources. In those areas, even the gas prices today. It is simply wrong to that will have no effect whatsoever on small risks posed by oil and gas development think that opening offshore drilling may be too great. the price at the pump. Let me put offshore production into will lower gas prices. I don’t consider this type of contami- So one might ask: Why are oil com- perspective. What our colleagues say is nation a small risk, but even the first panies asking us to hand over more the panacea, the solution to every- President Bush said: ‘‘Even those risks land when they already have so much thing, is misleading. The way they say posed by oil and gas development may that is unused? It seems to me there is this, you would think if we drill tomor- be too great.’’ only one explanation. Oil companies row, open up new land around our Even what he considered small risks Outer Continental Shelf, guess what aren’t actually in a rush to drill in were too great. This is far beyond spurts right up? Let this happen tomor- those areas, but they are in a rush to small risks. It is what led President row and you will get gasoline in your control as much Federal land as pos- Bush’s brother, Jeb, the former Gov- tank for a lot less. sible before their friends in the Bush ernor of Florida, to say: ‘‘Protection of I think the American public under- administration leave office. The oil those resources is of paramount impor- stands this much better than that. It companies’ strategy right now is to tance to the State of Florida.’’ understands it takes a decade before we grab control of as much Federal land Now, those Bushes got it straight. see the first drop, and it understands it and water as possible before January 20 They understood. takes until 2030. Let’s talk about need- of 2009, the date the next President of In my home State of New Jersey, we ing relief now, not in 2030. Even then, the United States takes office. They cannot escape those risks, when drill- what do we get? are trying to take advantage of the ing would happen less than 100 miles Since April, Americans have re- current energy crisis to take control of off our shores. The New Jersey shore sponded to record high gas prices by more public property and boost their generates tens of billions of dollars in using over 800,000 barrels a day less— profits. The GOP plan to open our revenues each year, and it supports 800,000 barrels a day less than we did 1 shores to drilling isn’t only about oil about a half a million jobs. We have al- year ago. This is the most significant prices, believe me; it is about share ready seen in the past the devastating and sudden drop in oil demand since prices. That plan comes with a serious economic effects of medical waste the 1970s. pricetag: a vast increase in the risk to washing up on our beaches. New Jersey What has happened—notwithstanding the health of our coasts and the econo- families and businesses cannot afford the fact that we have reduced demand mies they support. the risk of an oil slick on the scale of

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7006 CONGRESSIONAL RECORD — SENATE July 22, 2008 the Exxon Valdez crash or the spills term relief so an energy crisis such as and the computer can’t decide to be- after Hurricanes Katrina and Rita, this does not happen again. come a country powered by wind tur- with sticky crude forcing beaches to That moves us to the ultimate goal. bines, solar cells, and geothermal close, killing wildlife, collapsing prop- This country should be far more aspira- plants. There is no reason we can’t de- erty values, and destroying our econ- tional in its view of this issue. We cide to move toward powering our Na- omy in the process. should approve the renewable energy tion with innovative, clean energy, es- We need real barrels coming out of tax extensions bill, which our col- pecially since we have the technology the ground, not paper barrels filling leagues on the Republican side have op- to get started. nothing but big oils’ balance sheets. It posed, that would help continue the Two Americans were the first to fly. is time to take action to shore up our rapid growth of wind and solar and pro- As one engineer said at the time: ‘‘The energy security and drive down the vide an incentive for the purchase of Wright brothers flew right through the price of gasoline. plug-in hybrid vehicles. This will help smokescreen of impossibility.’’ First, we need to take action to us begin the transition to new energy It is time we showed we believe that lower gas prices now. The Federal Gov- sources so we are not so vulnerable to ending this energy crisis is incredibly ernment should release oil from the the rising costs of fossil fuels, not to possible. Strategic Petroleum Reserve to pro- mention what it does to our environ- If we want to bring down the sky- vide immediate relief. We can have a ment and global warming. high price of oil, stop shipping our swap where we can take the light We should clamp down on rampant money overseas in exchange for foreign crude—we can actually, in fact, make oil speculation and burst the specula- oil and make our economy soar again. money on this—and get the type of tive bubble that has caused oil prices It is time we did everything we can to crude we need and, at the same time, to skyrocket. get a real program for energy independ- help try to affect the price by having We should be acting now on global ence off the ground. That is our real that immediate surge of oil into the climate change legislation that lays challenge. That is our real oppor- marketplace. out the framework to completely tunity. That should be our real mis- In addition, I have joined with Sen- change our economy from one that is sion. ators FEINGOLD and DODD to introduce based on oil and other fossil fuels to an I close once again by saying that this the Responsible Federal Oil and Gas economy based on renewable energy. comment about offshore drilling, that Lease Act, which requires oil compa- That is a real plan, not just a plan to it is the way we are going to solve all nies to show they are either producing go out in search of our next oil fix. our problems—800,000-barrel reduction oil or gas on public lands or making Increasing the share of oil we in demand, prices went up; 500,000 bar- progress exploring or developing them produce here at home is important, and rels more production by the Saudis, gas on current leases before they get their we should make sure there are incen- prices went up; 1.3 million barrels and hands on more land, when they are not tives for oil companies to produce, but change, prices went up; 68 million acres even producing on that which they authorizing drilling in the Outer Conti- of land the oil companies have they have. nental Shelf would just be a distraction don’t use, that is another reason prices We have also introduced the Respon- and would do nothing to bring down go up—restrict the demand. sible Ownership of Public Land Act, gas prices, now or ever. The bottom line is, let’s move for- along with Senator DURBIN. The bill Drivers are calling out for us to bring ward in a way that meets our challenge would charge oil companies a fee for down gas prices, not to prop up oil not only today but tomorrow. We are a every acre of land they lease but fail to companies’ stock prices. Our Govern- country that can do. We are a country use for production. The combination of ment needs to stop holding the oil com- of infinite possibilities. It is time to go these measures could give the oil com- panies’ hand and start holding them beyond the shortsighted, narrow view panies the incentives they need to get accountable. American families and that, in fact, we must risk all of our barrels of oil off their balance sheets businesses deserve a government that coastal economies, $200 billion a year, and into the marketplace. works for them, not just for the people for something that won’t produce one In addition, I will be offering an who sell us our oil. drop of oil for a decade, won’t receive amendment to make sure oil that is A mother can’t fill the family car full production until 2030, and won’t do produced on land owned by the people with the predictions in oil companies’ anything now or in the future about re- of the United States gets used by the annual reports. A business can’t ship ducing gas prices but will ultimately people of the United States. Right now, its products with so-called likely re- say to future generations of Americans oil companies shift 1.5 million barrels serves. What makes the engine of our that we, in the expediency of the mo- per day of domestically produced oil economy run today is what comes out ment, were willing to risk not only overseas. So 1.5 million barrels a day of the ground, not what is written on those economies but the natural re- produced in the lands and waters of the paper. What will make our economy sources of this country for something United States shift overseas. Last year, run tomorrow is our ability to transi- that would do absolutely nothing about that meant over half a billion barrels tion beyond this addiction. gas prices. of oil per year was taken from U.S. Making a major commitment to cre- We can do better than that. That is public lands and sent abroad. Now, we ate the economy of the future, free what this debate is all about, and that are talking about using the Outer Con- from the liquid shackles of oil, would is the opportunity we have. tinental Shelf and getting 200,000 bar- send a clear message to the world that I yield the floor. rels in the year 2030, while we have America is ready to lead again. That is The PRESIDING OFFICER. The Sen- been sending over 1.5 million barrels a the message we should be sending. ator from Oklahoma. day to other places in the world—oil We have to ask ourselves: Since when Mr. INHOFE. Mr. President, I know that comes from public lands. have we been a country that is afraid we are all under confined time. I have If we are going to endanger our own of a challenge? Since when have we a lot more to say than time will allow. environment and deplete our own re- waited for others to innovate, waited I just listened to these remarks, and I sources, certainly we should be the for others to rescue us from the dan- wonder, why do people think the Amer- ones who benefit from it. Not that I be- gers we face, waited for other nations ican people are so dumb they don’t un- lieve that should be the case, but in to take the lead? derstand supply and demand? terms of taking a risk for our own When we entered the Second World A couple weeks ago—and no one can lands and public resources—certainly War, our allies knew we were in it with ever accuse the Washington Post of not to drill off the coast, but to the ex- our hearts and souls. When President being partial to conservatives or Re- tent that we have drilling going on now Kennedy announced we would go to the publicans, but they came out with an and we have land they are not drilling Moon, friend and foe alike knew we editorial, and they said: Why do Mem- on, that ultimate production should be would not rest until we had allowed bers of Congress think they can repeal used here in the United States. Over mankind to take that giant step. the law of supply and demand? You can half a billion barrels are sent abroad. I refuse to believe a country respon- say it all you want, but we have to We need to bring medium- and long- sible for the light bulb, the telephone, have more supply.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7007 Ever since the 1995 veto of the bill Democrats won’t let us explore it. It is ply and resolve the problem, the energy that would allow us to go offshore to something I think the American people crisis we have right now. The No. 1 increase our supply, go to ANWR, go to understand and understand very clear- problem in America—talk with my oil shale, the Democrats have voted ly. wife, talk to any State, they will tell against increasing supply since that ANWR is another area. It contains 10 you the No. 1 problem is the price of time. That was the middle nineties, billion barrels—back at the time Presi- gas at the pumps. We can solve it with and now we are paying for it. I can re- dent Clinton vetoed the bill—that greater supply. member coming to the floor of the Sen- would be coming through the pipeline I yield the floor. ate back then when President Clinton today in resolving these problems we The PRESIDING OFFICER (Mr. vetoed the bill that would allow us to have. WEBB). The Senator from New Hamp- increase our supply and saying the day Rocky Mountain oil shale—that is shire. is coming when we are going to be the big one. That is the one that has 2 Mr. SUNUNU. Mr. President, I rise to sorry we did this. trillion barrels. Right now, they can- speak today on the topic of energy, a I am very proud that the other day not go after them, they cannot con- topic that is obviously consuming President Bush called for action by tinue technology, they cannot explore Members of both Chambers of Con- Congress in four areas. One is the for that, they cannot produce it be- gress. It is something everyone in the Outer Continental Shelf, about which cause the Democrats have a morato- country is focused on, and for good rea- we have been talking. The others are rium. Yet, if you go to the States son—gasoline at $4 a gallon and oil ANWR and America’s oil shale. where this is located—Colorado, Utah, reaching $140 a barrel. Even in the heat To give an idea of the capacity, this the Western States—they all want to of summer, people are concerned with is called supply. We know what our de- do it. It would be great for the econ- how they are going to pay to heat their mand is; everyone is demanding. This omy, it would be great for America, homes this winter. is supply. We called for it. We can have and it would not take any time at all We need a sound, balanced approach all the supply in the world, but if we to get this done. to energy. This approach certainly has don’t have the refining capacity, we Imports. Opening the Nation’s access not been any part of the debate we are not going to be able to use it. to reserves on the Outer Continental have had in Congress in recent months We had the Gas Price Act. I thought Shelf, ANWR and oil shale would cut because all the discussion seems to that was one that would offset any our Nation’s trade deficit in half. We center around the idea of speculation, kind of objection to the idea that we have recently been watching T. Boone which is something we need to address should be refining in this country. It Pickens, and we should listen to him. and should be concerned about, but was using some of these closed military He talks about some things we can do rest assured, it is not the lion’s share places, along with EDA grants, to with wind energy, but he talks about of the problem. We need to do more allow them to have refineries in Amer- natural gas, and that is a partial solu- than just look at ways to appropriately ica. We don’t have the refining capac- tion to the problem. I have a bill that regulate our financial markets. ity in America, and we need to have it. would allow compressed natural gas to If we look at the bill on the floor, it We need to have the supply, and we be fully utilized. Right now, there are has fallen into that same trap. This is need to have the capacity to refine the some obstacles with the EPA and oth- a bill which does not deal with con- oil. ers, but I agree with T. Boone Pickens; servation, it does not deal with alter- Polling—and I think the Democrats that if we pass this bill, we will be able native and renewable energy, it does should be looking at this—is not where to utilize that. As he said, we need to not deal with energy research, it does it used to be. The recent polling data continue to produce, continue to ex- not deal with electricity production, from Rasmussen showed that 67 per- plore, because we cannot run the great- and it does not deal with new produc- cent of the voters support offshore est machine in the history of mankind tion of oil or natural gas or any other drilling. Only 18 percent oppose it. The on solar and wind power right now. We kind of energy. same poll also found that 64 percent be- hope that day comes, but it is not here. I think people across the country lieve that if offshore drilling is al- We could cut our trade deficit nearly look at a debate such as this and they lowed, gas prices will go down. And in half. According to the Energy Infor- scratch their heads: How can people se- they will. There have been several edi- mation Administration, the United riously think they are going to have a torials which we have made part of the States spent more than $327 billion to positive impact on energy prices in the RECORD which have shown the market import oil in 2007. That is roughly half medium term or the long term if they response when things such as this hap- of the $711 billion trade deficit we had are not really doing anything about ei- pen. When we open capacity, the mar- last year. So not only will we get ther supply or demand? There is no ket will respond. cheaper gas for Americans at the pump question, we do need to continue to Another poll found that 81 percent of merely by increasing capacity, increas- work to use less energy, save energy, Americans support greater use of do- ing the supply that is out there, but we and conserve energy. However, we also mestic energy resources. By a margin also would do some great things in need to work to find more energy, de- of more than four to one, Americans terms of our trade deficit situation. velop new alternatives for energy pro- surveyed supported the United States Why should producing America’s own duction, and develop new reserves of tapping into its own domestic energy resources be a partisan issue? It energy at home. Those are the kinds of reserves. We are the only country in shouldn’t. But the Democrats in Con- changes that will make a real dif- the world that does not tap our own re- gress refuse to increase the supply of ference in the long term, but they will serves. energy, and the gas prices keep rising. also make a real difference in prices With regard to offshore, I listened to We have seen recently that all we have today because the energy futures mar- the arguments, which are really kind to do is open that and the markets will ket is just that—a prediction of what of ludicrous. When you stop and realize immediately respond. I feel this is the price of energy will be in the fu- that offshore we have the capacity of 14 going to happen. I cannot imagine that ture. If the markets, businesses, indus- billion new barrels, and people come the polling is going to get much more try, and investors are convinced that down and say—I heard the assistant favorable than it is today. there will be a concerted effort to do a majority leader say a few minutes ago There is one State—I won’t mention better job saving energy—using less— that there are 68 million acres out which State it is because it is consid- and do a better job of producing en- there that are not being explored, not ered to be pretty much a liberal ergy—finding more—then those prices being produced, not being drilled at State—that 3 years ago, only 28 per- will, without question, come down. We this time. There is a very good reason cent of the people in that State wanted need legislation that makes aggressive for that—because there is no oil on to drill offshore and in ANWR. Today, steps in all of these areas, and to think them. Oil isn’t everywhere, but where it is 68 percent. It doesn’t get much that we could just deal with one area you know it is, you need to go after it. better than that. one time with a very modest approach So 85 percent of the land where there is I suggest, Mr. President, we get the and have an impact is simply mis- an opportunity to bring oil in, the Democrats to join us, increase the sup- taken.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7008 CONGRESSIONAL RECORD — SENATE July 22, 2008 Regulation is important. Regulation but in the long term as well? Well, we of those reserves. Of course it will take is important because it ensures that need a little more substance, don’t we? time. Everything takes time. It takes the markets have integrity. Regulation And I think that starts with conserva- time to build a new wind farm. It takes ensures that investors, whether it is a tion—the idea of using less energy. time to construct a new nuclear power- pension fund or a mutual fund, or a It is important to note this is one plant. It takes time to have the con- farmer who is hedging prices for the area where this Congress has taken a servation proposals I talked about ear- potential of an increase in energy positive step, passing for the first time lier reach their full impact. But that is prices in the future, have confidence in in 32 years an increase in fuel effi- all the more reason to start acting the marketplace. ciency standards for cars and trucks, today. Any time we have a financial mar- and raising that fuel efficiency require- Without question, an American com- ket, we want to make sure disclosure is ment to 35 miles a gallon by the year mitment to take better advantage of appropriate. In the case of energy fu- 2020. That will make a difference, and resources here at home will have an tures, we want to make sure we have we need to work to make sure that is impact on the predicted cost of energy appropriate position limits and infor- fully implemented. out in the future. It will bring down mation that is being shared across dif- But we have already seen, if we look the cost of energy today. ferent platforms so that we understand back over the last few decades, the im- The PRESIDING OFFICER. The Sen- what those positions are, what their pact that conservation can have, be- ator’s time has expired. volumes are, and what might be influ- cause today our economy uses over 30 Mr. SUNUNU. Mr. President, I ask encing pricing. We also want to make percent less energy to produce a dollar unanimous consent for 1 additional sure that we have information that of goods or services than we required 30 minute. The PRESIDING OFFICER. Without might be important to bring to bear if years ago. Legislation such as the con- servation measure I described and was objection, it is so ordered. there is a case of price manipulation, Mr. SUNUNU. Mr. President, con- pleased to support, will help keep us on which is against the law and should be servation, clean renewable energy, and track to improve conservation. prosecuted to the fullest extent of the production—this is a balanced ap- law. Second, clean renewable energy. Again, this pending legislation does proach, and it is the only approach The question is really whether what that will attack on all fronts and en- nothing to encourage alternative, re- this bill addresses and only addresses— sure that we bring down the cost of en- newable energy, and yet we have legis- the idea of regulation in the markets— ergy for all Americans. whether this bill as written would sig- lation that the Senate previously con- A final point I want to make is that nificantly affect price. I don’t think it sidered that has strong bipartisan sup- even as we act in these areas, there is would have a significant impact, but I port that would expand the incentives one other area we need to act on, and suggest you don’t take my word for it. for wind, solar, geothermal, biomass, that is helping those who don’t have Let’s look at what investors and finan- and high-performance wood-burning the financial means to work through cial experts and regulatory agencies systems. We have that legislation. It the coming winter months and the high has passed the Senate 88 to 8. It ex- have to say about the current problem. cost of energy. Senator GREGG, who is Just in this past month, Warren tends the production credits. And it is now on the floor, has introduced legis- Buffett, an intelligent investor, well good for the environment, of course, as lation to double funding for the Low known, candid, honest, certainly not a we all know renewable energy is. In Income Heating Assistance Program, Republican, had this say: New Hampshire, where we have a and to do so in a way that is fully paid It’s not speculation, it’s supply and de- strong history of sustainable forestry, for. I am proud to cosponsor that legis- mand. We don’t have excess capacity in the incentives for high-performance wood- lation, and it is legislation that should world anymore and that’s why you are seeing burning systems are good for the local also be included in this final energy oil prices increase. economy, and it plays a real part in re- package. The Chairman of the Commodity Fu- ducing our dependence on energy im- We need an opportunity to offer tures Trading Commission says: ports. amendments on renewables, on low-in- We haven’t found evidence that speculators So we have conservation and we have come heating assistance, on produc- are broadly driving these prices. renewable energy, but with oil reach- tion, in order to make this a meaning- The International Energy Agency— ing $140 a barrel, it is not realistic to ful energy package that makes a dif- not beholden in any way to American think we can reduce our energy im- ference for all the people in the coun- politicians or American investors on ports if we don’t produce more here at try by bringing down those energy Wall Street or Main Street—says: home. We need domestic production of costs we see every day at the pump and oil and domestic production of gas, in There is little evidence that large invest- across the country. ment flows into the futures market are caus- addition to these clean renewables and Mr. President, I thank you for the ing an imbalance between supply and de- conservation initiatives. time, and I look forward to the oppor- mand and therefore contributing to high oil One of the previous speakers talked tunity to offer amendments, which I prices. about 10 to 15 billion barrels of oil in hope will be supported aggressively on Chairman Ben Bernanke, testifying the northernmost part of Alaska, bil- the floor. before Congress, said: lions of barrels of equivalent reserves The PRESIDING OFFICER. The sen- If financial speculation were pushing oil on the Outer Continental Shelf, deep ior Senator from New Hampshire. prices above the level consistent with the offshore. And most importantly, today Mr. GREGG. Mr. President, I first fundamentals of supply and demand, we we have the technology to take advan- congratulate Senator SUNUNU, my col- would expect inventories of crude oil to in- tage of these reserves in a way that is league and friend from New Hampshire, crease. But, in fact, available data on oil in- more efficient than ever before, and in for his excellent statement, and I agree ventories show notable declines over the past a way that protects the integrity of the with everything he said, especially the year. environment better than ever before. part about cosponsoring the bill I in- These individuals and organizations The time is now to employ this tech- troduced. But Senator SUNUNU brings a are not political in nature. They share nology, to unlock this opportunity, and unique perspective to this issue be- the same goal a good legislator would in doing so to have a real impact on cause he is the only engineer in the have, or anyone in America, to try to the cost of energy in the United States body, having graduated from MIT, and bring down prices. They recognize that and around the world. he understands the physics and the simply adding new regulations to the The same individuals who are oppos- chemistry and the technology issues of futures market is not going to have a ing these initiatives today opposed getting more production. Thus when he significant effect on the fundamental them 5 years ago, 10 years ago, and 20 speaks on those issues, we all need to problem of supply and demand. years ago. Unfortunately, we didn’t listen. So the question is: How do we have take action 5 years ago or 10 years ago, I rise, as he and many of my col- an impact? How do we enact legislation and now they say: Well, if you allow leagues do today, to ask about why we today that will have an effect on en- additional production deep offshore, it aren’t taking up a more in-depth en- ergy prices, not just in the near term will take some time to take advantage ergy bill than just one that deals with

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7009 speculation—and speculation being at cane Katrina was that we did not lose we say to the world we are going to use the margin of the problem, according a barrel of oil from the production that oil, we are going to take advan- to the leading experts on this. sites, from the drilling sites in the Gulf tage of that oil, the price of oil on the When I was home this weekend, I of Mexico. So we have proof beyond world market will adjust to reflect filled up my wife’s car and it cost al- doubt that oil can be extracted in a that. most $70. Now that is what you call safe way, and we should be extracting And equally important, we will be painful. The people in New Hampshire it. keeping those dollars in the United and across this country, when they pull Why should we be sending billions of States. These are hard-earned Amer- into that gas station, are asking them- dollars annually overseas to govern- ican dollars. People spend their weeks selves whether they can afford the ments and individuals who have no use working hard to produce that income, price of this gas. People in the North- for us—whether it is in Venezuela or and they want to have that income re- east and in the colder parts of this Iran—when we can be buying American invested here in the United States. country are worried about what is oil and producing American product They do not want to send it to Iran or going to happen this winter when the here in the United States in a safe and to Venezuela to be reinvested there. price of home heating oil has to be environmentally sound way? It is com- They want it to be reinvested here. met. It is a scary time, and we, as a mon sense that these opportunities And the way you reinvest here is to Congress, have a responsibility to do which sit there should be taken advan- buy product here. something about that. tage of for the American people, and So we need to produce more, but It doesn’t take a lot of expertise to that we conserve more and we create most especially we need to have a de- know there are two ways you can ad- more renewables. bate on this floor which allows us to dress this problem: You can produce Yet when a bill comes to the floor discuss these issues in a formal, con- more energy—hopefully American en- which is supposed to involve the major structive way so we can have amend- ergy—and you can consume less energy energy debate of this Congress, what ments and people can decide what is through conservation. This bill that happens? The other side of the aisle the best policy, not shut off debate, as has come to the floor here today basi- says they are only going to allow one is being proposed. What is the fear that cally does neither. It doesn’t produce issue to be discussed: speculation. They pervades the other side of the aisle more and it doesn’t conserve more. It are not going to allow the issue of that they are not willing to discuss the simply attacks speculators, who, ac- drilling on the Outer Continental issue of the Outer Continental Shelf? I cording to most of the experts, haven’t Shelf, producing more American en- am willing to take on the issue from an been the major problem in this runup ergy, to be discussed or voted on or environmental standpoint. in the area of the cost of energy. policies to be pursued. They are not I think I have a pretty good environ- The problem is pretty obvious. There going to allow oil shale and the extrac- mental record. I am willing to defend are 2.5 billion people between China tion of oil shale to be discussed or the idea of going on the Outer Conti- and India who are starting to use sig- voted on or addressed in a way which nental Shelf to produce energy from an nificant amounts of energy as they will allow us to pursue that course of environmental standpoint. I know it is move into a better lifestyle. That has activity. There is no initiative that is good policy from the standpoint of pro- created massive new demand, and sup- going to be allowed to be brought to duction. The same is true of oil shale. ply has not gone up because there has the floor and no amendment on the The same is true of nuclear power. been no significant increase in supply issue of expanding nuclear power, Let’s bring those issues forward here, across the world, especially supply here which is the cleanest form of energy we put some policies in place that allow us in the United States. So the price has have and that doesn’t create more en- to use those type of energy resources gone up and gone up dramatically. vironmental hazard in the way of so we can reduce the cost to the Amer- The solution isn’t, as has been pro- greenhouse gases. All of those issues, ican people of the price of their energy posed from the other side of the aisle, which common sense tells you we and also keep those dollars in the to not export American energy any should be addressing, are taken off the United States. longer, which would give us half a day table. All that is wanted from the At the same time, we do need to pur- of savings in oil; or to go into the Stra- other side of the aisle is a political sue an aggressive course in conserva- tegic Oil Reserve and use that all up, vote to give them cover in the next tion and in renewables. That is why I which will give us 3.5 days of additional election. am supporting, along with Senator EN- oil. The solution is to look for major Well, the American people aren’t in- SIGN, Senator CANTWELL from Wash- new production sources in the United terested in cover for the election, they ington, a bill to reauthorize the renew- States, as well as conservation initia- are not interested in the politics of the able tax credits so energy sources such tives. next election, they are interested in as wind and biomass can be aggres- For example, if we use oil shale, we doing something that has an imme- sively used and effectively used. have, between 3 States—Utah, Colorado diate and long-term effect on the price Unfortunately, that bill has also been and Wyoming—2 trillion barrels in re- of energy and makes our Nation stopped on the floor of the Senate. It serves of oil shale, and it can be with- stronger. should not be. We should be pursuing drawn from the ground in an environ- Now, why does action in the area of that course of action as aggressively as mentally safe way. What does that rep- production—which may, as the Senator we are pursuing alternatives which resent? That represents 40,000 days of from New Hampshire said, take 5, 10 give us more production. oil that could be produced—American years to bring on—have an immediate You know, my experience in Govern- oil. It is only common sense that we effect on the cost of energy? Because ment is that when you confront an should pursue American oil production, the price of a barrel of oil is based on issue, and there is a commonsense solu- when we can do it in an environ- what is the expected supply in the out- tion to that issue, most people usually mentally safe way—which we can—and years. And if the international commu- get it. I think most people, at least in when it is sitting there. The American nity knows America is going to step up New Hampshire, get it, that this issue people understand that. and start producing energy, the price of energy, which is so huge and so im- On the Outer Continental Shelf, we of the barrel of oil goes down. portant to everybody’s lives, especially have billions of barrels of oil sitting The world community knows we are as we head into the winter, requires an there available, and we know we can sitting on 2 trillion barrels of reserve aggressive response in the area of more produce it in an environmentally safe in oil shale—three times the amount of production and more conservation. way. Why do we know that? Because we oil Saudi Arabia has. If we say to the They also understand, and most peo- have had examples of it. Hurricane world we are going to access that oil, ple understand, you cannot produce Katrina, a force 5 hurricane, came the price of oil will be affected signifi- more unless you actually go out and right up the Gulf of Mexico and de- cantly today, even though it may take look for it. I mean it is common sense stroyed one of our greatest cities. It a few years to get it on line. We are sit- that you cannot produce more unless was a horrific event. But one thing ting, as I said, on billions of barrels of you look for it. The way you look for it that didn’t happen as a result of Hurri- oil on the Outer Continental Shelf. If is you look where it is. Where it is is in

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7010 CONGRESSIONAL RECORD — SENATE July 22, 2008 the oil shale of the West and in the rently, the Spokane VA is inves- of them are serving their third or Outer Continental Shelf. tigating all of those cases. I have spo- fourth and sometimes fifth deploy- We have proven beyond any doubt ken to Secretary Peake, and he has as- ments. This is a stress that is taking a that both of those resources can be sured me his team is on the ground toll on everyone. used effectively and in an environ- taking a hard look to see what went For many of them, it gets worse mentally sound way. At the same time, wrong and what they can learn from when they come home to the pressures we know that there are other sources that case. But while I appreciate the of everyday life or financial strains or of energy that are available to us, such work Secretary Peake and the Spokane family problems. That is especially as nuclear, and that there are ways to VA are doing, the fact is this is a seri- true for members of the National conserve, such as advancing the elec- ous problem across the country. Guard and Reserves because, unlike tric car and advancing other initiatives Every suicide is a tragedy. Those Active-Duty troops who return from in the area of renewables. young men and women are someone’s battle to go to a military base where So it is a degradation of our responsi- son or daughter, someone’s best friend, there is a support network, many of bility as a Congress, in my opinion, to possibly someone’s spouse or even a our Guard and Reserve members go not take up this issue and address it parent. Our hearts go out to all of home right away to family pressures across the board; take on all the dif- those families and their friends. These and to civilian jobs they need to start ferent elements of it so the American deaths are an urgent reminder that we right away. people have some confidence that we have to keep our eye on the ball. We The military and the VA have to up- are actually moving forward and we owe it to all of our servicemembers and date their resources and outreach ef- are not simply trying to dot a political veterans to demand that the VA and forts to match the challenges our ‘‘I’’ for the next election or to cross a the Department of Defense make it a troops face when they return. That ‘‘T’’ for the next election so we can national priority to bring those num- safety net has to be in place before claim we did something here on one bers down. they ever leave the military. That item of the overall problem. I acknowledge that the VA is taking means we must have creative programs This is a time to take some action. I steps to reach out to our veterans and that help our servicemembers transi- certainly hope we do not leave, that their families to let them know that tion from that battlefield back to the this Congress does not recess without help is available. This week, in fact, home front. It means providing family having done something constructive in the VA is rolling out a public service and financial counseling to any serv- this area and something that meets the campaign in Washington, DC. It is part icemember who needs it, and it means commonsense test of the American of a 3-month-long pilot program, and developing a way for the military or people, which is we need to produce the VA is going to be running a series the VA to follow up with our service- more American energy and we need to of ads on TV, on buses and trains, and members, especially those who have al- conserve more American energy. on the subway. Those ads are going to ready asked for help with psychological I yield the floor and I suggest the ab- highlight the VA’s 24-hour suicide pre- needs. We have to also encourage our sence of a quorum. vention hotline. The number for that is servicemembers and veterans to seek The PRESIDING OFFICER. The 1–800–273–TALK. It will help assure our care when they need it by breaking clerk will call the roll. veterans it is OK to ask for help. I down the barriers that prevent them The assistant legislative clerk pro- truly applaud the VA for that effort be- from asking for help. ceeded to call the roll. cause it is a good step. We have to ab- The VA and the Defense Department Mrs. MURRAY. I ask unanimous con- solutely get the word out to veterans have to take strong steps to change the sent that the order for the quorum call and their families. If this helps prevent military culture so that servicemem- be rescinded. one tragedy, then it is more than worth bers no longer fear that seeking care The PRESIDING OFFICER. Without it. will be viewed as some sign of weak- objection, it is so ordered. I applaud the VA. I hope the Defense ness or one that could hurt their ca- Mrs. MURRAY. Mr. President, I ask Department will also publicize that reer. Even more important, service- unanimous consent to speak as in number among its Active-Duty troops members and veterans must be con- morning business but for the time to so when they leave the service, they vinced if they ask for help, doctors and count against the 30 hours. will already be aware of it. But this is staff will take them seriously and pro- The PRESIDING OFFICER. Without only a step. An ad campaign is only as vide the care they need. objection, it is so ordered. good as the resources that are there I personally have heard too many VA HOTLINE when our servicemembers call and ask tragic stories about veterans who have Mrs. MURRAY. Mr. President, we for help. gone to the VA in distress, only to face have had a very important debate If we truly are going to make a dif- a doctor who underestimated their today about energy which I spoke ference, we need a much bigger effort. symptoms and sent them home to an about earlier today. I come to the Sen- We have to do more to reach out. We end in tragedy. When someone with a ate floor this afternoon to talk about have to do more to break down the bar- history of depression or PTSD or other another issue that is also important; riers to those seeking mental health psychological wounds walks into one of that is, to raise awareness about one of care. We need to back up those efforts our VAs and says they are suicidal, it the most heartbreaking and alarming with enough resources and money to should set off alarm bells for everyone. consequences of the wars in Iraq and ensure that when a veteran goes into We can’t convince veterans or service- Afghanistan. the hospital asking for help, the VA of- members to get care if they think they In the 5 years since we invaded Iraq, fers the best care possible. will be met with lectures and closed we have seen a disturbing increase in While I applaud the idea of publi- doors. That is simply unacceptable. At the number of young men and women cizing the suicide prevention hotline, I the very least, we have to ensure that who are returning home, struggling believe the military and the VA must staff at military and VA medical cen- with the psychological impact of the reach out long before our young men ters have the training to recognize and war and then, sadly, take their own and women pick up that phone and call treat someone who is in real distress. lives. About 1,000 war veterans who are for help. That is going to take cre- Finally, we have to provide the re- being treated by the VA attempt sui- ativity and leadership. sources to back up all of these efforts, cide each month. It is a problem that is The VA and the Defense Department starting with making sure that the sui- affecting many communities across the can’t keep doing things the way they cide prevention hotline is staffed with country. have always done them because the enough trained professionals to provide Earlier this month, we lost a young wars in Iraq and Afghanistan are not real help to someone in need. I hope man in my home State of Washington, like any we have fought before. Our that will be the case. Unfortunately, just hours after he went to the VA in All-Volunteer Force has been on the this administration has failed for 8 Spokane to ask for care. He was, in ground in these two countries for long years to make good on its prom- fact, the sixth veteran in that commu- longer than we fought in World War II. ises and provide the resources for our nity to take his own life this year. Cur- Troops get very little downtime. Many veterans to carry them out. Time and

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7011 time again it has taken leaks and scan- prepared to care for their unique As ranking member of the Senate dals to get the administration to own wounds. In order to do that, we need Committee on Agriculture, Nutrition, up to major problems at the VA—from strong leadership and attention to de- and Forestry—the committee with ju- inadequate budgets to rising suicide tail in Washington, DC, in Spokane, risdiction over commodity futures rates about which I am talking today. WA, and everywhere in between. trading—I have an obligation to ensure Its response to rising costs has been to At the end of day, this is not about that legislation dealing with such mat- underfund research and cut off services bureaucracy. It is not about protecting ters is appropriately analyzed. Unfor- for some of our veterans. We have to do turf. It is about saving lives. I am glad tunately, the committee of expertise better than that. Servicemembers and the administration plans to increase did not have an opportunity to review veterans need more than an 800 number its outreach. It is a pilot program. It is this legislation before it was brought to call. They need psychiatrists and only a small step. We have to make to the Senate floor, and for that reason psychologists who understand the hor- this a national priority to address this many problems exist within this lan- rors of war and the stresses our troops tragedy. guage. feel. The administration has to back up When dealing with issues of such We also have to make sure we have its efforts by reaching out to our serv- complexity, we cannot afford to ignore the facilities and systems set up to ac- icemembers, veterans, and their fami- the potential unintended consequences commodate the troops who will be en- lies. We have to break down the bar- that will surely result from this ap- tering the VA system in the next dec- riers that prevent our servicemembers proach. What if we are wrong and we ade. We have to fast-track research and veterans from seeking and getting actually drive up the price of crude oil? into the signature injuries of this war, mental health care, and we have to What if we miscalculate the true bur- such as traumatic brain injury or post- provide adequate resources. den we are placing on the over-the- traumatic stress disorder, so we under- No matter how anyone feels about counter market and such activities mi- stand how to diagnose and treat those this war, our troops are heroes. They grate to foreign markets? What if we conditions. We need to speed up efforts have done everything we have asked of reduce liquidity in the market so much that will enable the DOD and VA to them—and more. It is time our com- that our physical market participants share records so that fewer service- mitment measured up to theirs. have limited hedging opportunities? Mr. President, I yield the floor. As I said, this issue is extremely members slip through the cracks as The PRESIDING OFFICER. The Sen- complicated, and the factual data is they transition from Active Duty to ator from Georgia. veteran status. Now is the time to in- Mr. CHAMBLISS. Mr. President, I lacking, which, unfortunately, allows vest in research and infrastructure. We rise today to express my sincere con- everyone to paint the picture conven- cannot afford to wait. cern about the manner in which this ient for their own cause. I am sure you Many of us are familiar with the body is considering energy-related leg- all have heard conflicting reports. For story of Joseph Dwyer, a young Army islation. example, some claim that in recent medic, made famous in a photo taken My constituents are interested in years noncommercial participation, or during the first week of the U.S. inva- meaningful policy that will address the speculation, in the oil markets has not sion of Iraq. In that photo, we have extremely high energy costs they are changed when compared to the propor- seen Joseph running toward safety facing today. They know that in order tion of commercial participation by with an injured Iraqi child in his arms. to deliver real results, we must develop those who actually have a stake in the It is an epic image of bravery and com- legislation designed to address the en- physical commodity, while others say passion. tire problem—supply, demand, and that speculation in the oil markets has When he came home, Joseph strug- market oversight. increased from 37 percent to 70 percent gled to fit back into civilian life. He They are not interested in why one in recent years. suffered from PTSD and, tragically, policy proposal is more worthy than This is quite a discrepancy in the earlier this year, he died of what police another and therefore should be ad- facts. The truth is that neither of these are treating as an accidental drug over- dressed before the other necessary ele- claims is proven completely accurate. dose. That photo of Joseph Dwyer cap- ments of the solution, which is no Why? Because the category used to de- tured the incredible work our troops doubt the debate we will be having termine commercial participation in- are doing every single day. But, sadly, today. We need to deal with increased cludes swap dealers who actually trade Joseph’s story is also now an example supply from both traditional energy on behalf of both commercial operators of what far too many veterans face sources and next-generation sources, as well as speculators, and we simply when they come home. The photo of improve conservation of resources, and do not have the data to verify which Joseph was taken during the first week ensure greater market transparency claim is accurate. of this war. Now, more than 5 years and oversight. The Commodity Futures Trading later, we ought to have the resources I recognize that for meaningful, com- Commission is now in the process of in place to treat the psychological prehensive legislation to pass, both getting more segregated data from wounds of war as well as we do the Democrats and Republicans are going these swaps dealers to determine how physical ones. But we don’t. to need to work together, which means much activity is truly speculative in I ask my colleagues to put them- everyone will not get everything they nature. But data separated out in this selves in the shoes of a parent or want, and we will all have to accept a manner is currently not available. We spouse who has lost a child, a husband few things that do not necessarily ap- simply do not know yet how specula- or a wife, or someone they know to sui- peal to our interests. But that is what tion participation may or may not cide. I want them to think of all the it takes to forge a workable com- have increased compared to participa- questions they might be asking. We promise. Democrats and Republicans tion by those we would consider phys- might not be able to provide all the an- need to come together and determine ical market stakeholders. swers, but we should at least be able to what we can agree to, rather than I only mention this as an example of say we are doing everything we can to bringing legislation to the floor of the conflicting data upon which some of address the problem. Senate that, frankly, is designed to of- those proposed policy changes are We know there are many dedicated, fend one side or the other. predicated. I am not claiming that one hard-working VA employees who spend For this reason, I have sought to side or the other is correct. But I do be- countless hours providing our vets with work with my colleagues on the other lieve we need to have accurate data be- the best treatment possible. We also side of the aisle, and have found that fore we seek to make major modifica- have to recognize the system is still many within this body want to develop tions in the manner in which these fu- unprepared today for the influx of vet- a bipartisan proposal that will yield tures markets operate. erans coming home. As I have told my real results. Unfortunately, the bill be- I want to be perfectly clear about colleagues before, a recent RAND study fore the Senate today seems more in- this: I am not opposed to all aspects of shows that one in four veterans is tended to divide the Senate rather than the bill before the Senate today. In struggling with PTSD. It is the duty of unite us in an effort to develop a mean- fact, I believe many of the components the VA and of a grateful nation to be ingful solution. designed to yield more transparency in

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7012 CONGRESSIONAL RECORD — SENATE July 22, 2008 these markets are necessary and that lected from commodity market participants over the long term are a direct result of they could be improved upon and en- suggests that changes to futures market reg- speculation or systematic market manipula- acted. We must ensure that the infor- ulation are necessary, the PWG stands ready tion by traders. Rather, prices appear to be mation both the regulators and Con- to assist lawmakers in crafting such modi- reflecting tight global supplies and the grow- fications. ing world demand for oil, particularly in gress use to ensure proper oversight is However, the PWG believes that bill S. emerging economies. As a result, Congress accurate to warrant our actions. 3268, as introduced, would significantly harm should proceed cautiously before drastically However, this language goes far be- U.S. energy markets without evidence that changing the regulation of the energy mar- yond what I consider reasonable, espe- it would lower crude oil prices. Among its kets. cially absent factually based data to several provisions, it would require the This mirrors exactly my concern CFTC to define and promote ‘‘legitimate’’ support such radical changes and a about this particular piece of legisla- thorough review of the potential unin- trading and significantly curtail other types of trading in the futures, OTC and overseas tion. If we have a knee-jerk reaction to tended consequences. I truly believe markets. Such unprecedented restrictions on the issue of speculation in the markets, that a reasonable market oversight market participation could reduce market li- and we are wrong, what we are going to component could be developed as part quidity, hinder the price discovery process, do is we are not only going to destroy of a bipartisan, comprehensive pack- and limit the ability of market participants the energy markets in this country, age, but, unfortunately, this approach to manage and transfer risk. Provisions in but we are going to take those legiti- the bill also may harm U.S. competitiveness is only distracting us from developing mate operators, those legitimate inves- more reasonable and balanced legisla- by driving some trading to overseas markets or to more opaque trading systems at a time tors in the energy markets, and we are tion. when policymakers are trying to encourage going to drive them overseas. We are I have in hand a letter from the U.S. greater transparency. Should this legislation going to have no control whatsoever Department of the Treasury, among become law, the chances of significant unin- over their buying and selling of con- others, dated July 21, 2008. It is a letter tended consequences in the markets would tracts, whether it be oil, and the next from what is referred to as the Presi- be high. thing we know it will be other food dent’s Working Group on Financial This legislation would regulate for the first time certain OTC transactions simi- products that are dealt with in the Markets. It is a group made up of the commodity world on a daily basis. Secretary of the Treasury, the Chair- larly to on-exchange transactions. It has been the long-held view of the PWG that bi- So I think we need to listen to the man of the Securities and Exchange lateral, OTC derivatives transactions do not experts. We need to make sure we take Commission, the Chairman of the require the same degree of regulatory over- the time to develop the right kind of Board of Governors of the Federal Re- sight as exchange-traded instruments be- policy, with the right kind of expert in- serve System, and the Acting Chair- cause they do not raise the investor protec- formation, having input into the legis- man of the Commodity Futures Trad- tion and manipulation concerns associated lation, whatever it may be. At the ing Commission. with exchange-traded instruments. Regu- lating these OTC instruments could prove right time, let’s have a bill on the floor We requested that group—which is that encompasses not only the energy the group that is viewed in this town as costly and difficult to administer by both regulators and the industry given the size markets themselves and any type of the most expert group on issues related and nature of the market, might not provide additional restrictions or regulations to the financial markets—we asked meaningful regulatory data, and could nega- we need to put there, particularly from them to take a look at S. 3268, the bill tively affect the ability of U.S. firms and a transparency standpoint, but also we before the Senate now, seeking to put markets to compete globally in these types need to deal with the overall issues of more restrictions on speculators in the of transactions. To date, the PWG has not found valid evi- additional domestic exploration. We oil commodities market, and to see need to deal with the issue of conserva- what they thought about the particular dence to suggest that high crude oil prices over the long term are a direct result of tion, whether it be through lessening bill—not the issue of speculation, but speculation or systematic market manipula- the use of gasoline, diesel, or whatever. the bill itself. tion by traders. Rather, prices appear to be The PRESIDING OFFICER. The Sen- First of all, Mr. President, I ask reflecting tight global supplies and the grow- ator has 1 minute remaining. unanimous consent to have the letter ing world demand for oil, particularly in Mr. CHAMBLISS. Plus, we need to printed in the RECORD. emerging economies. As a result, Congress make sure we are developing the right There being no objection, the mate- should proceed cautiously before drastically kinds of incentives in the automobile changing the regulation of the energy mar- rial was ordered to be printed in the industry, as well as for consumers to RECORD, as follows: kets. We look forward to working with Congress encourage the manufacture and pur- JULY 21, 2008. on these important energy market issues and chase of vehicles that are operated by Hon. SAXBY CHAMBLISS, U.S. Senate, appreciate your seeking our views. alternative methods, whether it is elec- Washington, DC. Sincerely, tricity or natural gas, or whatever it DEAR SENATOR CHAMBLISS: In response to HENRY M. PAULSON, Jr., may be. your July 16 letter, we are providing the Secretary of the Treas- So I urge we move cautiously, we not views of the President’s Working Group on ury. react too quickly, and we be very care- Financial Markets (PWG) concerning S. BEN S. BERNANKE, Chairman, Board of ful in our approach to this issue and 3268—legislation addressing regulation of the the bill that is on the floor today. U.S. energy futures markets. Governors of the The PWG is concerned that high com- Federal Reserve Sys- Mr. President, I yield the floor. modity prices, including record oil prices, tem. The PRESIDING OFFICER (Mr. LAU- are putting a considerable strain on Amer- CHRISTOPHER COX, TENBERG). The Senator from Colorado. ican families and businesses. Proper regula- Chairman, Securities Mr. ALLARD. Mr. President, I rise tion of the energy futures markets is nec- and Exchange Com- today to discuss an issue that is in the essary to ensure that prices reflect economic mission. forefront of every American’s mind. factors, rather than manipulative forces. To WALTER L. LUKKEN, Americans nationwide are struggling this end, the PWG worked with Congress to Acting Chairman, with high gas prices. I attended a press enact, as part of this year’s Farm Bill reau- Commodity Futures Trading Commission. conference the other day with people thorization, additional regulatory authori- who administer programs that provide ties for the CFTC to regulate certain over- Mr. CHAMBLISS. I want to take a the-counter (OTC) energy transactions on minute to read a couple of statements for the poor, they talked about how the electronic exchanges. The PWG also supports in the letter. The PWG refers to the poor are being disproportionately af- the recent steps taken by the CFTC to im- bill, talks a little bit about what it will fected by high fuel prices. The part of prove the oversight and transparency of the do, and then it says: the American population being most energy futures markets. severely affected is those who operate The PWG agencies also are participating in . . . the PWG believes that [the] bill S. 3268, as introduced, would significantly harm on the margins, such as our poor, such an Interagency Task Force on Commodity as small business people, who tradi- Markets that will provide a staff report on U.S. energy markets without evidence that the role of economic fundamentals and spec- it would lower crude oil prices. tionally contribute a huge amount to ulation in the commodity markets in the It goes on to say: our economy. Many times they do not near future. If this staff report or the anal- To date, the PWG has not found valid evi- have the ability to store their re- ysis of other data the CFTC has recently col- dence to suggest that high crude oil prices sources for when the economy turns

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7013 down, so these small businesses, and Public Employees’ Retirement Associa- cept amendments, like the ones I hope these poor Americans, are being im- tion of Colorado that says you are to offer, that will do just that. pacted disproportionately. going to invest members’ money in Thank you, and I yield the floor. Higher gas prices not only affect our that part of the stock market that is The PRESIDING OFFICER (Mr. LAU- ability to get around, but increasingly going to, in a safe way, give you the TENBERG). The Senator from Idaho is they are affecting each facet of our ev- best return. Energy stocks match that recognized. eryday life. Energy builds into our criteria. Mr. CRAPO. Mr. President, I rise to economy from the natural resource The day after President Bush lifted join the sentiments of my colleagues level right on up to the final product the Presidential moratorium on drill- from Georgia and Colorado who have that goes out to the market and is uti- ing on the Outer Continental Shelf, oil spoken about the importance we must lized by the consumer. prices fell nearly $7 a barrel. Let me place as a nation on implementing an Fuel costs are making transpor- say that again. We experienced a drop effective and meaningful energy policy tation, construction, and food costs of almost $7 per barrel in 24 hours be- in this country as quickly as possible. rise. Recently, oil hit $145 per barrel cause action was taken that got us The United States is far too dependent and, from the beltway to Middle Amer- closer to putting additional supply on in our energy policy on petroleum, and ica, $4 a gallon gas is the frightening the market. This translates into cheap- we are far too dependent in terms of norm. er gas. the petroleum which we utilize from In the face of these challenges to the The national average price for gas foreign sources. American economy and consumer, we yesterday was almost 5 cents less per We need to diversify our energy pol- have failed to take the steps that are gallon than it was before the Presi- icy, and we need to do it quickly. By necessary to address this problem ei- dential moratorium was lifted. This that what I mean is that while we are ther in the short term or the long shows that instead of blaming inves- seeking to become less dependent on term. Unfortunately, the legislation we tors, we need to look for ways to in- petroleum, we must aggressively de- are considering today would do little to crease supply. We do this by finding velop and produce our own sources of change that. more sources of energy and using less. petroleum to help stabilize and control The legislation before us today would One of the most promising sources of the increasing and spiraling cost of oil. do little if anything to reduce oil domestic energy is found in the West, We also need to look at alternative and prices. Blaming investors misses the much in my home State of Colorado. renewable fuels. We need to strongly primary cause of high fuel prices: Near- The oil shale found in Colorado, Utah, move into nuclear power. We need to ly 2 years of failed congressional en- and Wyoming could yield between 800 work on conservation aggressively. It ergy policy that has done little to in- billion to 1.8 trillion barrels of oil. This is estimated that as much as 30 percent crease availability of fuel resources. is more than the proven reserves of the of the world’s consumption of energy That is the cause, and time and time entire country of Saudi Arabia and cer- could be reduced through effective con- again, we have looked at legislation tainly enough to help drive down gas servation measures. That is another that tries to disrupt the market—the prices and bring us closer to energy huge source of energy—simply not con- market that provides an opportunity independence. Making us less depend- suming. for the businesses of this country to ent on foreign oil. We in the United Yet as we have all of these alter- supply energy to its consumers. States cannot currently begin to plan natives and options out there, we are This Congress has been ignoring one how to utilize this resource because of faced today with a bill in the Senate of the fundamental rules of economics: an ill-advised moratorium. and a process to handle this bill that Supply and demand. Instituting poli- Why aren’t we taking steps to utilize severely limits our ability to evaluate cies that disrupt the free market does this resource and cut back on the $700 and, hopefully, adopt meaningful alter- not increase supply. Worldwide supply billion we send overseas annually for natives and to establish a sensible com- for energy is being outpaced by a grow- fuel? Because the Democrats in the prehensive national energy policy. ing demand. Senate and in the House of Representa- The bill we have before us today has President Bush is doing his part by tives have prevented the Department of one item in it, and that is a regulatory removing the Executive order that lim- the Interior from even issuing the pro- change, or governance, of the futures ited the drilling for oil and gas off the posed regulation under which oil shale markets, often called the speculation Outer Continental Shelf. development could move forward. How bill. Certainly—and I will talk about it The majority party now wants to do they try to correct this misguided in a moment—certainly, we can debate shift blame from this Chamber to in- policy? By blaming investors and pro- whether there is a need for increased vestors, who they would have you be- posing a piece of legislation that will regulatory support and for evaluation lieve are robber baron speculators. If potentially make things worse by in- and oversight and management of our only it were so simple. There is no ne- creasing oil market volatility and futures markets. I believe there is farious fiend sitting in a dark room eliminating investment opportunities. room for that, though I believe the bill waxing his black mustache playing the I support some CFTC reform, such as that is before us is not well written. market like a mandolin. So who is in- providing them resources to improve However, while we are doing so, we vesting then? Pension funds are, for current oversight and get more cops on ought to also take this opportunity— one. They are making an investment in the beat. I do, however, have major and Americans should be glad an en- the growing strength of energy stocks concerns with efforts that would im- ergy issue is on the floor of the Senate, and bonds. pede the free market with additional but we ought to take this opportunity, In Colorado, the Public Employees’ regulations. This is especially impor- with a bill on the floor of the Senate, Retirement Association—we refer to it tant now that financial markets are to look at the other ideas about how as PERA—has seen oil companies as an global in scale. Attempts to regulate we should achieve energy independ- attractive place to invest their mem- the market would only apply in the ence. The circumstances we face now bers’ money. Their 2007 investment United States. This could cause eco- threaten not only our economic secu- overview listed two oil companies in nomic activity to move offshore and rity but our national security, and their top 10 stock holdings, including help build foreign capital markets that Americans should cry out for this Con- their No. 1 valued stock. compete against the United States, gress to take solid comprehensive ac- Is their greater interest in investing? making us less competitive. This would tion now, not to simply face one issue Sure there is. But it is primarily be- cause us to lose jobs. that arguably is not even at the core of cause short supply of oil has caused its Instead of focusing on blame, we the need for the solutions. value to increase. This would happen should be focusing on our resources, The Senate ought to work the way it with any commodity in a similar situa- finding more domestic resources, such has worked in the past. Let me give a tion. Conversely, when we take steps to as oil shale and using less through con- couple of examples. Bill after bill after increase supply, prices will go down. servation. We need more supply and bill, the way this Senate has histori- If I remember correctly, there is a less demand. As we move forward in cally worked, was brought to the floor, guidance principle that applies to the this debate I hope the Senate will ac- amendments were filed, a robust debate

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7014 CONGRESSIONAL RECORD — SENATE July 22, 2008 was held on the amendments, votes sure manipulation is not occurring, the for the last 15 years. If you look to the were taken on many of the amend- current situation is most likely not oil shale reserves, right now the United ments, and at the end of the process, being driven by that speculation. That States has more than three times the after the Senate worked its will, the is exactly what the President’s work- oil reserves than Saudi Arabia in the bill moved forward for final passage. ing group said to us in the letter that States of Colorado, Utah, and Wyo- In 2005, when we were considering en- was sent to Senator CHAMBLISS today. ming—huge amounts of reserves. When ergy policy, that is exactly what hap- I will quote that again: you look at the reserves we have, it is pened. In the Energy Policy Act of 2005, To date, the President’s working group— about 1.8 trillion potential recoverable there were 235 amendments proposed to That again is the Secretary of the barrels of shale oil, which is the equiv- the bill. Of that 235 amendments, after Treasury, the Chairman of the Federal alent to hundreds of years of supply of the process worked its way, 57 were Reserve System, the U.S. Securities oil at current rates of consumption. adopted. There were 19 rollcall votes on and Exchange Commission, and the Why should the United States continue amendments, and it took 10 days for Commodity Futures Trading Commis- to refuse to engage in production of our the Senate to complete this action. sion Chairmen— own supplies, when we can do so in Last year, as the Senate considered To date, the President’s working group has ways that will protect and preserve the the Energy Independence and Security not found evidence to suggest that high environment and will make it possible Act of 2007, again, there were 331 crude oil prices over the long term are a di- for us to be far less dependent on for- amendments filed, 49 of which were rect result of speculation or systematic mar- eign sources of oil? adopted. We had 16 rollcall votes on ket manipulation by traders. I don’t have much more time, but I amendments, and it took 15 days on The fact is supply in the world has think it is important for us in the Sen- the floor, but the Senate worked its leveled off and some fear will begin de- ate to recognize we truly face a crisis, will and the ideas of Americans from clining and demand in the world has and this issue should not be dealt with all perspectives were able to be brought skyrocketed. As a result, those who in- in a partisan manner. There are ideas forward and debated on the floor of the vest in the futures market for oil are across this Chamber from across this Senate. speculating it is going to go up. If we country, by many people, that range What are we faced with now, as gas want to address the issue, we will ad- from more production to oversight and prices are over $4 per gallon in this dress supply and demand issues. regulation of investment markets, to country? A bill that brings forth one Now, those of us who want to see the conservation, to electric cars and other solution; namely, to regulate the fu- United States more aggressively en- types of efficiencies, to a number of tures markets, and then offers one gage in its own production are often different ideas, many of which are very other vote to the Republicans as an al- told: Well, there is already 68 million helpful and can be a part of the solu- ternative. That is a far cry from the ro- acres of Federal land that is open for tion. Wind and solar and other alter- bust, full debate on policy this issue production. Let’s force those lands to native and renewable fuels need to be deserves in this Senate. be where we produce and we would not incentivized, but we will not get there Now, those who have brought forth then have to go look elsewhere. if the debate is restricted, the bill with regard to speculation Well, the fallacy in that argument is If the people of this country are de- argue that with a bill dealing with that 85 percent of the lower 48 Outer nied the opportunity for the Senate to speculation alone, it could reduce the Continental Shelf and 83 percent of the engage in a robust effort to develop a price of gasoline by 20 to 50 percent. onshore Federal, nonpark, nonwilder- comprehensive national energy policy, The reality is the academics and the ness lands are off limits for exploration it is my sincere hope that, as we move economists state it is not speculation; and production, and of that 68 million forward, we will be allowed to have an instead, it is supply and demand. War- acres that is talked about, not every open amendment process, where Sen- ators can vote their conscience on a ren Buffett, for example, says: acre the United States puts up for ex- ploration yields oil. In fact, the per- broad array of solutions and that we It is not speculation, it is supply and de- can then send a strong, powerful bill to mand. . . .We don’t have excess capacity in centage for onshore leases is only the world anymore, and that’s what you’re about 10 percent which actually ends the President and a powerful message seeing in oil prices. up ultimately being productive for oil. to the market. I yield the floor. Walter Lukken, the Chairman of the If you go into the offshore, the success The PRESIDING OFFICER. The Sen- Commodity Futures Trading Commis- rate is a little higher—about 33 per- ator from North Dakota is recognized. sion—the Commission that monitors cent—and the deep water offshore is at Mr. DORGAN. Mr. President, there is these issues—says: ‘‘We haven’t evi- about 20 percent. an old saying that when all is said and dence that speculators are broadly My point is, these acreages that are done, in most cases, more is actually driving these prices.’’ being talked about that have been said than done. Perhaps that applies The International Energy Agency leased for exploration and potential best to this debate. states: production are not all going to be pro- Should we resolve our energy prob- There is little evidence that large invest- ducing oil. In fact, the large majority lems and make us less dependent on ment flows into the futures market are caus- of them will not produce oil. Those the Saudis, Iraqis, and Venezuelans? Of ing an imbalance between supply and de- that are capable of successfully being course. Are we too dependent on for- mand and are therefore contributing to high put into production are aggressively eign oil? You bet. Up to 70 percent of oil prices. . . .Blaming speculation is an easy being pursued. In fact, the law today our oil comes from outside this coun- solution which avoids taking the necessary requires that if they are not pursued steps to improve supply-side access and in- try. Are we addicted to oil, as Presi- vestment or to implement measures to im- and put into production, then the dent Bush has suggested? Of course. prove energy efficiency. leases are lost. How do you deal with the addiction to So for those who want to avoid the The Chairman of the Fed, Ben oil? Well, every 10 years, our colleagues United States getting more aggressive Bernanke says: come to the floor and say let’s drill in its own production to say: Well, we more holes, bigger holes, deeper holes. If financial speculation were pushing have 68 million acres, so let’s go there, prices above the level consistent with the Do you know what? The debate is all fundamentals of supply and demand, we are missing the point. The point is, about false choices. The suggestion has would expect inventories of crude oil and pe- there is a tremendous amount of oil in been made that people on this side of troleum products to increase as supply rose the U.S. reserves that we could utilize the Senate Chamber don’t want to and demand fell. But, in fact, available data to defend and protect the security of produce anymore. That is absurd, and on oil inventories shows notable declines our economy and our Nation. they know it. That is what we insist over the past year. Here are a couple examples: 14 billion because that is the narrative they have The point is the experts are making barrels are available on the Atlantic created for this issue. They don’t want it clear to us that although we do need and Pacific Outer Continental Shelf. to do what needs doing, so they want to to aggressively improve the capacity of What does that mean, 14 billion bar- create a series of false choices. our country to conduct oversight and rels? That is more than all the U.S. im- Let me describe the issue of drilling. evaluation of our futures market to be ports from the Persian Gulf countries Drill more. Well, I support drilling

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7015 more. I worked with several others in I have asked the question: Will some- only 3 million have been leased. Let’s this Chamber to open lease 181 in the one come to the floor of the Senate and do that. In lease 181, there are 8.3 mil- Gulf of Mexico. I was one of four Sen- describe to me what happened in sup- lion acres available. There is plenty ators who began that process. There is ply and demand that justifies a dou- available if you want to do drilling. 8.3 million acres in the Gulf of Mexico bling of the price of oil and gas in a Even as we do that, how about helping that has been open for 2 years. There is year? They never do because they us get rid of the speculation in the no oil activity on it right now, despite can’t. The Secretary of Energy can’t. marketplace and restore this market the fact there are proven reserves of oil The head of the Commodity Futures to what it was intended to do. Do you and natural gas. Trading Commission can’t. Despite the choose to stand on the side, when This is a map of Alaska, and this is fact both of them repeatedly have said somebody says whose side are you on? the National Petroleum Reserve Alas- what is happening with the price of oil They say: Let us think about that. We ka, NPRA. This happens to be 23 mil- and gas is the fundamentals of supply are going to be on the side of the oil lion acres, 20 million of which aren’t and demand. Oh, really? Where? De- speculators. Really? Or I am going to even leased yet. But they are all open scribe it to me. Nothing has happened be on the side of those who don’t want for production. We supported that. in the fundamentals of supply and de- us to become less dependent upon the Here is a place you can drill. There is mand that justifies doubling the price Saudis. It is fine if $500 billion, $600 bil- more oil here than there is in Arctic in the last year. What has happened is lion or $700 billion a year is sent out- National Wildlife Refuge, which has be- brain dead regulators, who are sup- side our country in pursuit of oil. That come the hood ornament for their ar- posed to be wearing the striped shirts, is OK. That will not weaken our coun- gument. So why aren’t we drilling in the referees that are supposed to call try. We all know better than that. We the NPRA? It is open. the fouls, have sat back and said: Do don’t need an overnight epiphany to Many Republicans say that Demo- whatever you want to do, have a good understand what is happening to our crats don’t support drilling. In my time, have a party, a carnival. country. These relentless price in- home State, we have the Bakken shale, Speculators have taken over the mar- creases and the unbelievable depend- a seam 10,000 feet down. We have 75 ket. There is a very important reason ence we have on foreign sources of oil drilling rigs producing oil, drilling for to have a futures market. It is to allow are injuring this country. Every con- oil in the Bakken shale, just in western legitimate hedging of risk between pro- sumer in this country is damaged al- North Dakota. There is similar activ- ducers and consumers of a physical most every day. Which airline next will ity in eastern Montana. A U.S. Geo- product. This market became some- declare bankruptcy or liquidate? How logical Survey finished the assessment, thing much different than that. The many trucking companies aren’t in and it is the largest contiguous assess- regulators have said we will issue no- business anymore? Ask farmers what it ment in the history of the lower 48 action letters so we don’t have that to is going to cost when they try to fill States. They released that 3 months see. We are willfully blind and deaf and their tanks with a load of fuel. Then ago at my request. There are up to 3.65 don’t care very much what is going on. can you conclude this doesn’t matter? billion barrels of recoverable oil. We I know they will deny that, but that is You cannot conclude that. We ought to are drilling there right now. Don’t tell the fact. be here debating what to do. It ought me we are not for drilling. I am for So you have a regulatory body that to be obvious. I have said before, if you more drilling. I am for much more con- doesn’t regulate, a market that is bro- are running the high hurdles, you have servation, energy efficiency, and re- ken, and then we have folks waltz in to decide to jump the first hurdle in newable energy production. I am for all here and thumb their suspenders and front of you. The first hurdle, it seems those things, but it seems to me you say: You know, we cannot be talking to me, is to address this relentless ought to do first things first. about speculation because there is no speculation and put downward pressure We have a broken market called the speculation. We have had testimony be- on gas and oil, on prices. oil futures market. It is a commodities fore our committees by some pretty market with which producers and con- Let me describe what our Energy In- good people who say that as much as formation Administration said. They sumers can hedge risks of a physical 20, 30, up to 40 percent of the current commodity, but it is now broken. It said there is no question about specula- price is due to rampant, relentless tion. The only way you can conclude was created in 1936. The law that cre- speculation. ates it has a provision called ‘‘excess this is not speculation is to look at Let me describe it from the stand- this chart and not see it. On this chart, speculation,’’ because they were wor- point of Mr. Fadel Gheit. I have talked here is the price of oil. It is kind of like ried about excess speculation. When to him by phone. He testified before a Roman candle on the Fourth of July. Franklin Delano Roosevelt signed the the committee. This is a man who Here is what our Energy Information bill creating the oil futures market, he worked, for 30 to 35 years, as a top en- Administration told us. We spend warned about excess speculation. Well, ergy analyst for Oppenheimer & about $100 million a year for this agen- here we are. The speculators have Company. He said this last fall: cy, which has the best and the bright- taken over this market. If you wonder There is absolutely no shortage of oil. I am est, to evaluate supply and demand and if that is the case, I will show you the convinced that oil prices should not be a come up with this. I put this chart to- result of a House of Representatives in- dime above $55 a barrel. gether because I want everybody to see vestigation. In 2000, 37 percent of the I call it the world’s largest gambling hall. how wrong they have been and con- trades on the oil futures market were It’s open 24/7 and totally unregulated. It is clude why. speculators. Now in 2008, it is 71 per- like a highway with no cops and no speed Take November of last year. They cent. They have completely taken over limit, and everybody is going 120 miles an said this would happen to the price of hour. that market. oil. Then, in January of last year, they To my colleagues who say ‘‘supply So we bring a bill to the Senate that said the line will look like this. In and demand’’—and said: says let’s establish a distinction be- March of this year, they said it is going . . . I wonder, why do people think that the tween those who are legitimately hedg- to look like this. You can go back to American people are so dumb they don’t un- ing—that is trading for legitimate May of last year, a year ago. Obvi- derstand supply and demand? hedging purposes and all others. All ously, this isn’t where the price went. He misunderstands. The American the others will be subject to strong po- It went up like this. Is that because the people aren’t dumb at all. They get it. sition limits to try to wring the specu- people estimating it were stupid, They are sick and tired of driving to lation out of the system. It is a reason- maybe didn’t sleep well, didn’t finish the gas pump and paying these prices. able thing to do, in my judgment. school, or had no common sense? That They are sick and tired of seeing the My colleagues come to the floor of is not why. They didn’t understand this price of oil double in one year, and the Senate and say: No, let’s go for is not about supply and demand any then they look at supply and demand more drilling. That is their narrative. I longer. and realize nothing has happened in say, OK, let’s do drilling. How about in This is about a speculative binge that supply and demand to justify it—noth- the National Petroleum Reserve? We is driving up the price of oil in a man- ing. set aside 23 million acres there, and ner that is completely disconnected

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7016 CONGRESSIONAL RECORD — SENATE July 22, 2008 with supply and demand. I understand excessive speculation to set the market Iraq, and Venezuela. I am sorry, I we have people talking about that, and right, that we should do a lot of think that policy is nuts. I understand the world is changing. I things—and conservation is the cheap- This country needs to mobilize and understand the Chinese want to drive est and most obvious option. The other pull together. This is not about Repub- cars and people from India want to thing we ought to do is do some licans or Democrats. It is about a drive automobiles. I understand there change. We ought to decide that in the game-changing strategy that says: will be maybe 300 million, 400 million, next 10 years we are heading toward Here is where we have been, and right to 500 million more cars on the road 10, hydrogen fuel cell vehicles. Maybe be- now, we can’t go there in the future. 20, 30 years from now. I understand tween now and then, we will move We need a different kind of energy fu- that. But that hasn’t changed signifi- quickly toward electric-drive vehicles. ture. cantly in the last 12 months. There is We are going to have a completely dif- My point is just to do first things nothing that changed with the esti- ferent future with substantial new first. The first thing on the floor of the mate of future demands in the last 12 wind energy, solar energy, and geo- Senate is about speculation. Mr. Presi- months that justifies this line. thermal energy development. We are dent, 47 Members of the other side have That is why we bring a bill to the going to build a superhighway trans- indicated in one form or another, floor of the Senate that says let’s at mission system, just as President through one comment or another, in least agree, on a bipartisan basis, to do Dwight Eisenhower did with the inter- their home state or here in the Senate, first things first. Then you say, well, state system. That way we can use the that speculation is a part of the prob- we need to support drilling, conserva- wind belt from Texas to North Dakota lem. If that is true, and I believe every tion, energy efficiency, and more re- and the Sunbelt across the Southwest Member on this side of the Chamber be- newables. You bet your life—although, can displace significant portions that lieves that, that ought to add up to 97 I would say many of those who have we currently get from fossil fuels for Senators. I don’t know who the three spoken on the other side are not quite electricity. We can do all of that, but others are who apparently have not voiced an opinion, but we ought to be so enthusiastic about the other side of only if we start pulling together as a able to pass legislation that fixes a bro- energy that is renewables and con- country. servation and energy efficiency. I have watched this debate this after- ken futures market. Just as quickly, we ought to be able We have many airlines in this coun- noon. It is the most disappointing de- to agree on a wide range of other try. Obviously, that industry is one of bate because we have people coming to issues. Yes, we should include some the heaviest users of jet fuel. We have the floor of the Senate who are the drilling in areas that are open and not had seven bankruptcies recently. They ‘‘just say no’’ crowd. Just say no. No being drilled on. We should also look have said it means thousands less jobs. matter the question, just say no and more aggressively at conservation and Normal market forces are being ampli- then develop some little narrative that energy efficiency and make a dramatic fied by poorly regulated market specu- allows you to say no and make people lation. The Nation needs to pull to- change to renewable energy in the think you are saying yes. longer term. We ought to be able to do gether to reform the oil markets and How about this issue? The market is that. The American people should ex- solve this growing problem. That is broken. It has resulted in the doubling pect that of us, and we ought to be able from the airline industry. You prob- of oil and gas prices in the past year, ably saw the newspaper yesterday—and to meet that expectation. and there is no justification in fun- I know others are going to come to this is not unusual—‘‘Jet Fuel Costs damentals of supply and demand to Push Midwest Air to End Flights to 11 speak this evening. make that happen. How about having Just so the American people under- Cities.’’ It is happening across the us pull together and say: Let’s fix the stand, we agreed to a cloture motion country. I would understand this if, in broken market and put downward pres- on a motion to proceed. That means we fact, this was a circumstance where sure on oil and gas prices. Don’t use voted to shut off debate, not on this supply and demand had changed in a something else as an excuse. When you legislation but on whether we should radical way, and we would decide in talk about something else, I am going proceed to the legislation. So we had this country that, you know what, we to say: I am with you on that; I think that vote, and now the minority is say- have to confront supply and demand. we ought to do a lot of everything. ing to us: No, you cannot proceed to We have to do that in the longer term. Don’t use that as an excuse to do noth- the bill; you need to speak for 30 hours. But that is not what this is about. ing here, but let’s at least do first There is a 30-hour requirement. Usu- I said earlier today, in my judgment, things first. ally, it is waived back, but in recent the drill now—and I am for drilling There is plenty of reason for the times, on everything, it has been re- now, so let me be clear—the drill now American people to be disappointed in quired. So now, for the next 30 hours, mantra is a yesterday forever strategy. what they hear from their Govern- we will have people obfuscate; thumb It is good that every 10 years they ment. It is so frustrating to be here their suspenders; wear blue suits on the come to the floor and say the solution and understand what needs to be done Senate floor; and talk about this, that, to our energy issues is to drill now. If and yet does not get done because we and the other. We are not making yesterday forever is comfortable for have people who believe they were born progress because the minority is saying you, good for you. I don’t think it is a to be a set of human brake pads and we have to spend 30 hours before we good policy. I think we need to use this stop everything at all times. can even get to the bill of which I have circumstance at this intersection and On a number of occasions, I have de- been speaking. It is an unbelievable say we are going to fundamentally scribed on the floor what we have done. procedure. In most cases, cooperation change America’s energy future. We Think for a moment. We split the would simply suggest that we work to- can do that. John F. Kennedy didn’t atom. We spliced genes. We cloned ani- gether. Unfortunately, there is a big, wake up one day and say: I am going to mals. We invented plastics. We in- growing problem that is hurting this give a speech and say I think America vented radar. We invented the silicone country. Yet if we work together and is going to put a person on the Moon, chip. We invented the telephone, the find a way to fix it, then it makes a lot or I hope that perhaps someday we can computer, and television. We decided of sense to me. put a person on the Moon. He could to build an airplane and learn to fly it. I am someone who is respectful of have said we are going to try to see if We build rockets. We walked on the other opinions, but in this case, I think we can get someone to walk on the Moon. We cured smallpox. We cured there is a mountain of evidence that Moon. That is not what he said. John polio. should lead us to fix this market and F. Kennedy said: It is unbelievable what this country put some downward pressure on oil and By the end of this decade, we are going to accomplishes. Yet, somehow we decide gas prices. Following that, we can, in a have a man walking on the Moon. what we should do is continue a strat- matter of days, it seems to me, work He just declared it. That is our goal, egy of being dependent, for 60 or 70 per- on a wide range of other issues that what we are going to do. This would be cent of the oil we need to run Amer- deal with all of the issues I just de- an awfully important intersection for ica’s economy, certain oil producing scribed. We can put America in a much us to decide, after we take care of this countries like Saudi Arabia, Kuwait, better place if we decide to do that.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7017 Mr. President, I yield the floor. I sug- diesel fuel consumption. It is coming Now, if you were to take that situa- gest the absence of a quorum. from the American consumer, and it tion today, what that creates, instead The PRESIDING OFFICER. The should be going back into Americans’ of having a monopoly of dependence on clerk will call the roll. pockets instead of going overseas. So oil, you have an option and a competi- The bill clerk proceeded to call the we are seeing too much of that taking tion, which is going to reduce price. roll. place right now. You can pull up at the pump and say: Mr. BROWNBACK. Mr. President, I We have some options, and different Okay, I want to put in E–85 ethanol—85 ask unanimous consent that the order people have talked about different percent ethanol and 15 percent gaso- for the quorum call be rescinded. ones, but I want to highlight several line. What is the price on ethanol The PRESIDING OFFICER. Without that I think are key for us to be look- today? Versus: Okay, let’s see what it objection, it is so ordered. ing at for our future in producing is on gasoline versus methanol. What is Mr. BROWNBACK. Mr. President, I more. One is the oil shale regions of it I can get here? The car or the pickup rise to speak on the Energy bill that is Wyoming, Utah, and Colorado. I have a can read any of the fuels. This is a on the floor today. This is a great de- quick picture of this. I think some peo- technology that is estimated to cost bate, it is a needed debate, and one ple, hopefully, have seen this. about $100 per car to put it in but is that is happening every day across our Here is an area that has been frozen priceless in creating options and com- country, in every community and at out of production by law that could be petition for the fuel sources in the every gas station and coffee shop—as brought into production. It has huge United States. to how to get these energy prices down reserves in it—500 billion or more po- Somebody asked me at the press con- and what we need to do to get these en- tential—and it is being held off the ference that Senators LIEBERMAN and ergy prices down. So I am delighted we market. So while we transfer billions SALAZAR and I held on this: Well, isn’t are getting the chance to talk about it and trillions of dollars of wealth to re- this going to hurt plug-in technology on the floor. gions of the world—and in many cases or plug-in cars? I said: It is my esti- I think people across the country are they don’t like us—we are holding off mation and hope that in the future you absolutely, there is no question about production of areas in the United are going to be able to buy a plug-in it, completely fed up. They are tired of States that we could produce from in hybrid flex-fuel car that you plug in at it. It has hit them directly and it has an environmentally sound way. We night, go the 20 miles on electricity—it hit them hard. It is making people have huge reserves here, and that is a hybrid, so it recharges and uses change lifestyles or even do without es- makes no sense to most people across that electricity whenever it can in the sentials simply to be able to get to and my State of Kansas as to why you vehicle—and then it is a flex-fuel vehi- from work or to and from appoint- would do that. What is the purpose cle, so you can use ethanol, methanol, ments, schools, and hospitals. This is a here? We can do this in an environ- gasoline, or any combination thereof. big, huge problem that Americans are mentally sound way. We can do it with That creates that competition on fuel facing daily and that we need to ad- American technology and know-how, sources, whether it is electricity, eth- dress and that we need to solve and we and we need to get that done. anol, methanol, or gasoline, and we need to deal with. Another thing we need to do, particu- will reduce price. These are things we Unfortunately, this base bill does not larly from my vantagepoint, coming need to do to move forward and get off go to the heart of the question. I am from the Midwest, is to do more with of our reliance on foreign oil and the delighted we are having a chance to biofuels. A recent study from Merrill addiction we have to foreign oil. talk about it, but I wish we would go to Lynch found that the world’s use of We also need to innovate. I am going the heart of the question of what we biofuels has kept oil prices 15 percent to show a chart here of what I thought need to do, which is to produce more, lower than they would be without these was a very innovative project in the to create more options for people alternative fuels—15 percent lower. So western part of my State that is still across the United States, and to con- you are looking at 60 cents a gallon of on the drawing boards. It has been serve. that $4 gasoline that is being held blocked to date, but it is an integrated A fact that I think people are recog- lower because we have biofuels. That is bioenergy center near Holcomb, KS. It nizing, but one we don’t talk nearly as something we need to continue to do was going to use coal-fired technology much about, is the huge transfer of more of. to produce electricity. They were going wealth that is taking place from this We are producing ethanol plants to take their CO2 emissions and run country to other places. This year throughout the Midwest and through- them through an algae reactor. They alone, importing a million barrels of out the country. We are moving into were projecting they would reduce 40 oil less per day in the first 5 months of cellulosic ethanol, and we have the percent of the CO2 emissions, running this year would have reduced the year- first four of those plants coming on it through the algae, and then taking to-date trade deficit by more than $14 line. It is an innovative technology of the algae and making it into biodiesel. billion. If we had imported a million taking, in many cases, what we would So you have this integrated center barrels of oil less a day, we could have refer to as agricultural waste and turn- where you have this sort of biodiesel reduced that trade deficit by $14 bil- ing it into ethanol. That is a key part and algae reactor fuel as well associ- lion. It would have increased our GDP of our growing and our marketplace ated with it because of the heat pro- and increased domestic employment that we can utilize. duction, and the use of that and the and certainly had some impact on I think we also need to look at other ethanol plant where you can get these prices. That is something we don’t talk fuel sources, such as methanol and bio- integrated systems together. At the about as much, but it is a big part of diesel. Earlier today, a tripartisan end of the day, you reduce your CO2 the equation as well. group of my colleagues and I intro- emissions, increase your fuel produc- Obviously, we need more domestic duced a bill that would require 50 per- tion, and it would be good for the econ- energy production. We are witnessing cent of the new cars made in the omy. So you are balancing the econ- this massive transfer of wealth because United States, or sold in the United omy, energy, and the ecology of the en- we don’t have adequate domestic en- States by 2012, to be flex-fuel vehicles. vironment. You get the three Es bal- ergy production. Every year, to buy These are vehicles that you can pull up anced together and moving forward in oil, America sends well in excess of to a gas pump and put gasoline, eth- an innovative made-in-America type of half a trillion dollars to foreign coun- anol, methanol, or any combination of plant. tries. In fact, in 1972, Saudi Arabia’s those three into the car. This is a goal Those are the sorts of innovative so- foreign exchange earnings were about the big three auto manufacturers in lutions that we need to move forward $2.7 billion. That was in 1972. In 2006, it the United States say they can with and to discuss in this debate so was over $200 billion. Clearly, we are achieve—50 percent by 2012—and then that we create a competition. We need having a huge transfer of wealth. And we up it to 80 percent 3 years later, to create options, we need to produce where is that wealth coming from? It is adding a 10-percent increase of the new more supply, and by producing more coming from people pulling up to gas cars that have to have that option of supply, we are going to reduce price in stations and filling up their pickups; the flex fuel. this price point. And by producing

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7018 CONGRESSIONAL RECORD — SENATE July 22, 2008 more supply in the United States, we the total amount of monies that can be This is just the onshore leases. If you are going to stop the transfer of wealth put in hedge funds, into the commod- look at the 34.5 million acres, of those, to the degree that we have seen taking ities futures markets, to protect the 3.2 million acres are suspended while place from the United States, out of pension funds, rather than saying this review problems are being worked out. our pocketbooks, and into, unfortu- is the silver bullet that is going to cure You have 1.1 million acres that are tied nately, the pockets of our competitors, the increase in energy prices that we up in the development of land use who, in many cases, don’t like us. have. plans. You have 760,000 acres that are I am the ranking member on a sub- Mr. President, I thank my colleagues blocked from any development by ac- committee that has held hearings on for the chance to be able to speak on tive and ongoing court litigation. You this particular bill, and that is the Ap- this bill. My colleague from Alaska, have 645,000 acres that are waiting the propriations subcommittee that funds whose State is absolutely critical to completion of legally required environ- the Commodity Futures Trading Com- expanding our energy supply, is here to mental impact statements. You have mission. We have looked at these speak further about the need for pro- about 450,000 acres that are awaiting issues. And while we are having an im- duction. revisions of their EISs after reviews, portant debate here—I think it is a I yield the floor. and you have 500,000 acres that are tied good discussion—I think the hearings The PRESIDING OFFICER (Mr. up in the production-permitting proc- we have held have been very positive in MENENDEZ). The Senator from Alaska ess. reflecting on how much money has is recognized. Walking through the numbers, when been coming into a number of places in Ms. MURKOWSKI. Mr. President, I we are talking about inactive, what the futures market. Yet if we are going appreciate the opportunity this does ‘‘inactive’’ mean? If you look at to get the answer to the basic question evening to bring to light some of the the status of many of these, you see here of trying to reduce price, the clear comments that have been made on this there are a multitude of reasons they way is to deal with the supply-and-de- floor earlier about what is happening are not producing: litigation, permit- mand equation—increasing supply and with existing leases across the country, ting process, land use plans, other acre- reducing demand—and not just saying: the oil and gas leases that exist, and age is on hold until companies can find Okay, it is all because of speculation whether the oil companies are sitting and lease drilling rigs, and then all of that these prices are going up. on these leases—whether they are pro- the other exploratory equipment that I do believe it would be wise for us to ducing energy. I will try to assess what they need to go into these exploratory limit pension funds, the amount pen- we are talking about when we look at wells. This is not an easy proposition, sion funds can put in the commodities the leasing status of the oil and gas op- given the level of activity in the oil market, but primarily as a feature of portunities around the country. and gas patch right now. how you help the pension funds, be- Some have suggested that perhaps I can tell you for a fact that it is ex- cause commodity markets are inher- the oil and gas companies are sitting tremely difficult to get the drilling ently volatile, moving wildly at var- on these leases, that they are not pro- rigs, the exploratory rigs, that we ious times, and it seems not to be a ducing energy, in an effort to drive up need, and there is a wait for those. wise place to put large amounts of pen- the prices of oil and gas. I suppose that Even more acres already have been ex- sion funds. But this bill goes far be- is a creative theory but, honestly, it is plored, but they are awaiting confirm- yond that, to the point that the Kansas one that has so many holes in it, it is atory or additional exploratory wells City Board of Trade—it is on the Mis- like installing a screen door on a sub- to determine whether the hydrocarbon souri side of Kansas City, but a number marine. It is bound to sink. find is large enough to be economical of people working there live in Kan- At best, the charge is based on a re- to produce. Just because you find a lit- sas—is strongly opposed to this and view of what I consider to be incom- tle bit doesn’t mean that it is going to thinks it will hurt the commodity fu- plete data viewed through a prism of be economical to produce. You have tures market rather than help it. You little actual knowledge of the difficul- other tracts that are waiting for infra- are going to hurt the price discovery ties of producing energy from any indi- structure to be built to get their oil or mechanism, and you may well, in the vidual tract. At worst, the charge is a gas to market. long term, end up driving up prices smokescreen to cover up the opposition You have heard me say on the Senate through these features. They have been to the production of more oil and nat- floor many times, we have incredible in my office previously drawing atten- ural gas from where it is likely to be natural gas supplies on the North tion to outside funds coming in and found, and not necessarily from those Slope, all in the northern part of Alas- saying this is something that ought to areas where the opponents want it to ka, but we do not have the infrastruc- be looked at, but when they look at be located. ture to get that gas to market. this answer, they are saying it is way Currently, of the 45 million acres on- In other cases, complex coordination over the top. It doesn’t fit the need shore in the United States under oil is needed among a host of differing that we have of the day. and gas lease, about 10.5 million acres lease holders to determine the future I wish to make the point on where we are producing energy, with the remain- for new energy provinces that haven’t need to limit the pensions funds in the ing 34.5 million acres not yet in produc- yet been finished. Then, of course, you commodity futures market. As public tion. Offshore, of the 49.3 million acres have some of the tracts that have ei- pension funds have grown in size and under lease, about 15.2 million acres ther demonstrated very disappointing expanded their investment portfolios are producing. These are statistics on initial shows of the hydrocarbons or beyond traditional equity and bond in- which I think we are all in agreement. they are just too small to be economi- vestment activities, significant losses These are the known leases out there. cally produced without production by some major pension funds have led What that means is, of the Nation’s from nearby tracts that have more oil. to greater calls for scrutiny and inves- current 67,700 oil and gas leases, about The overwhelming number of the tigation. 30,000, or 44 percent, are producing oil tracts, the lease tracts that exist out For example, the San Diego County and gas at this time. there, simply do not hold any hydro- pension fund lost about half of its $175 I can understand how, at face value, carbons that anyone has been able to million investment in a hedge fund you look at that and say that doesn’t find. Companies may not yet have had when the fund crashed due to what look like a very good track record, enough time to return them to the turned out to be a disastrous bet on only 44 percent producing. The num- Government. I have had conversations natural gas, getting into a commodity bers make it seem as if there are lots of with some who, it seems, believe that market. All told, approximately 20 per- leases that the industry is simply not because an oil company has paid good cent of the pension fund’s assets are in- moving on. But I think we need to look money for a lease there must be oil and vested in alternative strategies at those leases and say: What is the sit- gas there. The truth is, while some of through hedge funds and other money uation? What are the facts on the these prelease reviews of the tracts are managers. ground? conducted so some of the companies That is my point here. I think the Let’s take a closer look at these in- are not exactly bidding blind, the level right place to look is a limitation on active leases. of presale review is not sufficient for

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7019 the companies to have a clear vision of the time that it takes to move the you can’t just operate only 15 percent whether there is going to be sufficient equipment to the site. of the year. Your costs must be incred- oil and gas to be found there. About Just to give an example of what we ible. Yes, costs are incredible up there. two-thirds of the time it is not, it is are talking about, it depends on where A single drill rig can only drill at most not sufficient, and the companies drill you are going. It is not just the begin- two exploration wells per year, and their infamous dry wells. ning of December to the end of May. In part of this is just how we move the As you can see, it is not simply as the e-mail that we received from DEC, equipment. The ice for making the easy as saying there are 34 million it says ‘‘oil companies can begin reg- roads, the weather issues, the fuel, and acres that are not producing oil. The ular travel across the tundra along the the logistics—all these account for examples I have given you are as they coast on December 28. In the upper about 75 percent of the costs for explo- relate to onshore. The same is true for foothills you cannot begin until Janu- ration. The actual drilling actually ac- offshore exploration. We have to recog- ary 24, and in the eastern and lower counts for about 25 percent of the nize that production just doesn’t start foothills’’—this is where most of the costs. once the lease bid has been won. We activity has occurred—‘‘you can com- For all of these various reasons, in certainly know that in Alaska. The mence on January 16 of 2008.’’ the NPRA, the oil and gas industry has complication of lawsuits, the regu- They have about 4 months to do their only been able to drill 28 exploratory latory compliance, the current short- work. They have to be off the tundra in wells since the year 2000. ages we are seeing of labor, of equip- the upper foothills on May 13, and out This is out of the hundreds of leased ment, of infrastructure—they are ig- of everywhere else on May 16. tracts. So far, the area in which they nored by charges of energy lease This is how precise it is. It is not be- have found some prospective tracts is warehousing. cause we are looking at a calendar, and in the Greater Mooses Tooth Unit, but Sometimes when you think about all there is some magic day. It depends on unfortunately, given how far these that goes into exploration and develop- what is happening with the season, how small amounts of oil are from the ex- ment, it is a wonder—at least it is a cold it is. The rules are—and I am isting nearest infrastructure, which is wonder to me—that of the 7,700 new quoting: the Alpine Oilfield, production is an- leases that have been issued in 2007, we The companies can’t get onto the tundra ticipated to still be quite far away. until the ground is a negative 5 degrees cen- Again, to put it in context, this red have about 1,800 that have yet to be ex- tigrade, 30 centimeters down— line here is our existing pipeline going plored. The industry has obtained drill- About a foot— down to Valdez, but you have pipeline ing permits for the first 5,300 of them. infrastructure up here on the coast. I look at that and say it looks as if and until there is 9 inches of snowcover to protect the vegetation. The Alpine field extends to here, and they are doing pretty well. But it nor- the Mooses Tooth area is right in this mally takes longer than a year to start For all those who are saying you can’t do this exploration in Alaska be- region here. But it is 80 to 100 miles to the exploration. The norm is about a 2- cause we do not care about our envi- connect from some of these more pro- to 5-year time period to get through ronment, let me tell you we have been spective finds to the existing infra- the planning, get through the redtape, caring about our environment for a structure. On the other hand, it is before you actually determine whether long time. We put these parameters in about 25 miles between the end of the you have oil. pipeline here and the 1002 area in Alaska is different. As you know, our place because we do care about the eco- ANWR where we are seeking to have an resources, our reservoirs, are quite ex- system. We do care about the condition opportunity to explore and drill. tensive. We have been producing oil of the tundra. We do want you to have an ice bridge that you move this heavy I think what I want to leave folks from Alaska’s North Slope for the last equipment across during the winter with this evening is keeping in mind 30 years and, in my opinion, doing a months and that is removed right after that not all leases are equally prospec- fine job of it. But we recognize that ex- you have done the exploration. Then tive. We know you have some elephant ploration and development in the Arc- when the spring comes, and the sum- finds; Prudhoe was an elephant find. tic is that much more challenging; it is mer, and the thaw happens, there is no We believe the ANWR will also be an that much more complicated. The mark to the tundra because your road elephant field. But we know that for timeframes are that much longer. It has melted. We leave no impact. every big find you have out there, takes us about 6 to 7 years at a min- But when you think about how you there are just as many, if not more, dry imum to get to the point where we are do business in any other field—if you holes. There are leases where the com- able to determine whether there is oil are a construction company, you know panies spend billions of dollars to buy, to be had there. what your construction season is. If as they have this past year in the Gulf In addition to the delays that I have you are a fisherman, you know what of Mexico and in the Chukchi Sea over mentioned, the permitting, for in- your fishing season is. The oil and gas here. There, the geology is very favor- stance, and just the equipment issues, industry in Alaska, they know that able for oil and gas discoveries. But is the requirement that we have in their exploratory season is very lim- mostly companies buy usually a min- place that ice roads be used to locate ited. Essentially we are talking about imum lease, and the cost is a couple of the drilling rigs. You just can’t take 60 to 90 days a year. million dollars per tract, and they are your drilling rig and plunk it out there In the National Petroleum Reserve— really very marginal. Those are the on the tundra. We have very firm and I will put up the map just so people can leases that likely do not contain the set requirements for how that explor- understand what we are talking about oil and gas that are still awaiting ex- atory activity can take place, when it in terms of the geography. This is the ploration. can take place. The companies have to ANWR area. This is State lands. This is We look at how the oil companies are wait until the tundra is frozen. They our Trans-Alaska Pipeline, which is making their investment because cer- have to wait until it is frozen before carrying the existing oil from the tainly from Alaska’s perspective, we they can move the rigs to the sites. It Prudhoe Bay fields down to the south- want to know whether they are invest- is an extremely limited exploratory ern part of the State. This is the Na- ing in oil and gas opportunities up season. When you have a limited sea- tional Petroleum Reserve. north. This last year, the top 25 oil and son like this, it can add years to the In the NPRA, waiting for these frozen gas companies in the United States in- timetable for exploration. conditions to allow for exploration vested $1.15 trillion on exploration and I had asked our DEC, our Department again means that the companies have production, the top 5 companies spent of Environmental Conservation, which between 60 to 90 days during which ac- $765 billion on exploration from 1992 to is the State department that makes tual drilling can take place. The leases 2006, and in both instances industry the determination as to when the com- on the North Slope, then—put it in members invested more than they panies can actually go out onto the context—are available for drilling ac- earned back in profits. tundra and engage in any exploratory tivity between somewhere about 15 per- Now, in part, this is because this work out there. For the 2007–2008 explo- cent to 25 percent of the year. country has not been putting its most ration season, the timeframe in Alaska You put that in context with most prospective tracts for oil and gas dis- was December to May. This includes any other industry and you would say coveries up for lease. You have some

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7020 CONGRESSIONAL RECORD — SENATE July 22, 2008 777 million acres of lands onshore that incentive for companies to see the de- need more than 2,000 acres of area for are off limits to oil and gas production. velopment of any lease acres they be- disturbance. That is about 62 percent of the Nation’s lieve have the potential they are look- Why do we think we can get by with likely oil and gas potential. ing for, a powerful incentive for compa- that small amount? It is simply be- To bring it back to Alaska, think of nies to speed development of the 68 cause we have advanced our tech- ANWR, the place where the largest on- million acres that some argue is not nologies so far when it comes to oil and shore deposit of oil is likely to be found being developed quickly enough. gas development in the Arctic, the in America. There is a 95-percent We have a ‘‘use it or lose it’’ law in technologies that allow us to drill chance that 5.7 billion barrels will be place. It is a situation of enforcing it, under the surface and go out direc- found, a 5-percent chance that there and we do enforce it. There is no rea- tionally up to almost 8 miles in every will be 16 billion barrels, and the mean son, in my mind, that we need to do direction. The caribou are on top, and estimate is about 10 billion barrels of more in this area at this time. they do not know what is going on. recoverable oil. And it is off limits. It I know I have gone over my time. I You do not have disturbance to the is off limits. had hoped to be able to have a little surface. It is our technology that will Offshore, 1.76 billion acres of our discussion about the distinctions be- allow us to extract a resource and uti- coastline are off limits to development. tween the ANWR area and the NPRA lize the resource and still allow for the This is an area which is believed to area. I do not see any of my colleagues care of the environment, for the ani- hold approximately 80 billion barrels of on the floor at this point in time, so mals that are there, for the caribou oil. with the permission of the Chair, I that migrate through. We want to do it So in kind of wrapping up my com- would like to continue, unless there is right. ments here this evening about the another order at hand. So this is the ANWR area I men- leases, I wish to remind folks that The PRESIDING OFFICER. The Sen- tioned earlier. This is the existing se- when they talk about the ‘‘use it or ator has no time limits. ries of pipelines that spurred off of the lose it’’ rationale or direction they feel Ms. MURKOWSKI. Mr. President, I Trans-Alaska Pipeline built about 30 we should take, they need to remember wish to kind of walk people through a years ago. The line extends to an area that these oil and gas leases around the little bit of the distinction, if you will, about 25 miles to the border of the 1002 country already expire after 10 years. with ANWR, which the American pub- area. So when we are talking about ac- Only in Alaska can companies seek an lic has heard an awful lot about for the cess to the resource, to the infrastruc- additional 10-year extension to bring past 20 years as we have, in our effort, ture that is there, it is not too bad, 25 the leases into production. This is a attempted to open this 1002 area that miles. It is still difficult given the en- right we had granted companies in the was set aside for exploration and devel- vironment, but it is certainly doable. Energy Policy Act of 2005, and we did it opment when the refuge area was es- Let’s go over here to NPRA. NPRA is for the reasons I have outlined for you tablished. 23 million acres in size, 23 million acres tonight, because we recognized that en- ANWR consists of an area that is 19.6 total; 4.4 million acres are new acres vironmentally sound exploration was, million acres—the size of the State of available for leasing, 3.94 of which are in many cases, taking longer than 10 South Carolina. This map is a little available immediately. These are years. I do not think there are any of bigger and helps you put it in context. leases in the northeast and the north- you out there who are going to suggest This is the entire Arctic National Wild- west part of NPRA. If you look at this that, well, we do not want to do it in life Refuge in the State of Alaska. It map, it has the leases themselves. an environmentally sound manner. borders against Canada. And here is These are in the green area. The 2006 Well, if we are going to do it right and our pipeline coming down. This whole leases are in this area here, and then we are going to protect the environ- Arctic National Wildlife Refuge is the the new leases that are coming on are ment, it might take us a little bit size of the State of South Carolina, in the northeast and the northwest longer in a place such as Alaska where again, about 19.6 million acres. area of NPRA. you are only able to explore and engage Also within the Refuge is a huge wil- The crosshatched areas we see here in exploratory and production activity derness area, the ANWR wilderness have been put off; in other words, we for 15 to 25 percent of the year. area. It is 10.1 million acres in the Ref- have deferred these areas. This area You have to ask the question, Why uge itself. Nothing can happen in the here north of Teshekpuk Lake is now should companies spend money on new wilderness area in terms of any devel- protected, 430,000 acres in this area. We leases in an area where they can easily opment whatsoever. It is wilderness. have agreed to this deferral because we be delayed from bringing oil and gas We have established it as such. It will recognize the sensitivity of the eco- online and then lose all of their invest- remain as such. system, the waterfowl that come ment through no fault of their own? The area we are talking about in through there. It is an area that we Companies also have no reason to delay ANWR for development is what is recognize should be off limits. NPRA, producing oil. Each year, they pay be- known as the 1002 area, taken from the in terms of its prospects, the estimate tween $1 and $5 onshore and $6.25 and legislation itself, section 1002. What we is 5.9 to 13.2 billion barrels of tech- $9.50 an acre offshore to keep their are talking about when we ask for per- nically recoverable oil. So the mean leases in effect. So in order to hold mission from the Congress to allow for there is about 9.3. It is right in the their leases, they have to be paying. exploration in ANWR is not permission same ballpark as ANWR. If you recall, Think about what they have already to drill in the Refuge, not permission I said ANWR had a mean estimate of kind of put in place, if you will. They to explore in the wilderness, but per- about 10 billion barrels of oil. So it is have purchased the lease up front, and mission to explore in the area that was about the same. The difference is ac- for many of the leases, they are ex- set aside by Congress for the purpose of cess to the infrastructure and the geog- tremely expensive in terms of the out- exploration and development in this raphy. lays the company has to make. Then 1002 area; it is 1.5 million acres in this Go back to this other map. If you they engage in the pre-exploratory ef- area. have 10 billion barrels estimated in this forts. But we are not seeking to do all of small area and you have 10 billion bar- I keep mentioning NPRA and the the 1002 area with exploratory wells; rels estimated in this larger area, we cost we are seeing there. It is anywhere we are asking for permission to drill in are talking about 1.5 million acres between $50 and $100 million to drill an an area that would be about a 2,000- versus 23 million acres. It doesn’t take exploratory well in the NPRA area—$50 acre area. So when you kind of winnow a math genius to figure out that it is to $100 million to drill. And then what down what we are talking about, it is more concentrated in ANWR; 15 times happens if you drill and there is noth- really pretty minimal in context of the more oil per acre in ANWR than NPRA. ing there? Well, you get to give it back, whole. If you take into account that That is worth repeating: 15 times more but you do not get anything from the the Refuge area is the size of South oil per acre in ANWR than you would Federal Treasury when you give it Carolina, this is the area we are look- anticipate in the NPRA. back. These are costs you have as a ing to explore. And within that area, The other issue is access to the infra- company. So there is a very powerful we have agreed we do not think we structure. When you are looking at 25

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7021 miles from the end of the pipeline here areas, about 700,000 acres have been re- The assistant legislative clerk pro- to get to the 1002 area and recognize turned by Conoco-Phillips. This is the ceeded to call the roll. that you have opportunities through company that has the most experience Ms. SNOWE. Mr. President, I ask directional drilling so you can mini- in the area. They have already given up unanimous consent that the order for mize impact to the surface, that is not on 267 lease tracts in the preserves. the quorum call be rescinded. too bad of a stretch. But when you are They may well end up turning back an- The PRESIDING OFFICER. Without looking at your more lucrative finds in other 407 tracts covering 2.8 million objection, it is so ordered. these areas, looking at, say, 150 to 200 acres by the end of this year. What Ms. SNOWE. Mr. President, I rise to miles of pipeline to get your resource they are finding is a lot of natural gas, speak today on the legislation that is into infrastructure, it is extremely dif- but the oil potential seems to have pending before the Senate, the Stop ficult to reckon with that. That has dimmed in areas where they are look- Excessive Energy Speculation Act of been one of the issues we have faced. ing. 2008. I believe it does represent a sig- BLM is proceeding expeditiously. They As I said, we have a lot of natural gas nificant action that Congress can take have been working to advance the leas- up there, but we don’t have the infra- right now to help reclaim our energy ing program in the NPRA area. structure. We are working on that. The markets, to ensure the prices that It is interesting because it seems State of Alaska is working diligently. Americans pay at the pump truly re- that some in the House and the Senate Our legislature is actually meeting in flect supply and demand dynamics and have just discovered NPRA. They say, about an hour to take a significant not the additional, backbreaking costs well, you have all these wonderful vote on how we move forward with con- added to a barrel of oil as a result of leases over there and you have all this struction of a gas line. Again, the po- market manipulation and rampant great opportunity. You should make tential for NPRA is certainly there. We speculation. that happen. It certainly does sound believe it is very viable. I mentioned I do not come late or lightly to the easy. I would like to do more to make the mean estimate of about 10 billion issue of speculation. I have worked it happen. But when you are dealing barrels. But the seismic evidence we closely with Senators FEINSTEIN, with geography, as we are, when you are getting back seems to indicate that LEVIN, and CANTWELL, and I could not are dealing with environmental issues, the likelihood for oil is diminishing, commend their leadership enough as when you are dealing with a lack of in- and we are seeing greater gas. we have worked to enhance trans- frastructure, when you are dealing One of the things we also recognize is parency in our energy markets for with a limited exploratory season and that the area that is viewed most pro- more than 2 years. We have success- the extremely high cost, it is not so spective around Teshekpuk Lake here fully collaborated to close the enron easy to make it happen. is the area that has been deferred from loophole through an amendment to the Back in the 1940s, when NPRA first leasing for at least a decade. This was farm bill, which Senator FEINSTEIN and started leasing, 36 test wells were the outcome of lawsuits by environ- I spearheaded. And I am particularly drilled, 45 shallow cores were drilled to mental groups that had opposed the de- pleased that this legislation incor- find commercial oil and gas. But they velopment in this key habitat area for porates components of legislation I in- didn’t find any. In the 1980s, there were waterfowl, the black brant. Our reality troduced with Senator CANTWELL, 28 more test wells. Seismic was con- is that as good as NPRA is and as much which would significantly enhance reg- ducted. In 2000, in the leasing period as we want to see NPRA developed, it ulations on foreign markets that trade then, we saw 28 exploratory wells is less prospective than the Arctic U.S. energy assets. drilled and at least 12 3–D seismic ef- Coastal Plain to the east; again, 15 Now, I understand there is a great forts had been conducted, shooting the times more oil forecast to be discov- deal of discussion, debate, and even dis- 3–D seismic in the area. But again, the ered per acre in ANWR than in NPRA. pute about the process surrounding only small finds that we have come I have had an opportunity this this legislation. Let me say, having re- upon have been in the Greater Mooses evening to give a little bit of perspec- turned to maine almost every weekend, Tooth area. The problem is, to this tive about what is available up in the having spoken to countless Mainers point in time, we haven’t found enough Arctic in Alaska, what we would like and Americans from all walks of life in these areas to justify a pipeline that to be able to provide. But I am also who are literally frightened and des- would be 80 miles, 100 miles to connect trying to leave my colleagues with a perate because they do not know how up. That is a harsh reality. It is going sense of the pragmatism, the reality they are going to fill their gas tanks, to take realistically 6 to 7 years to that comes with oil exploration and how they are going to heat their homes bring NPRA tracts into production. production, not only in the Arctic, this coming winter, how they are going Compare this with the 2 to 5 years in where it is challenging and very dif- to even survive this winter. and the the lower 48. It takes that much ficult, but in the rest of the country. only thing they care about is results. longer. Compare the cost we face for When we say we have these leases that It is the beginning of the process, as exploration in NPRA. You are looking are in play and the companies have it should be, to debate a larger ques- at wells that are costing somewhere be- chosen not to produce, it is only right tion on energy policy. Obviously, this tween $50 and $100 million to do a sin- that we look more closely at these in- is not the end-all and be-all, but it is a gle exploration well. This is compared active leases and ask: What is the beginning of the legislative process to wells that can cost 6 to 10 times less delay? What is the problem? Is it liti- that must start. We must move for- in the lower 48. gation? Is it some kind of a land use ward on this legislation. It is not mu- I don’t want to make excuses for plan delaying it? Where are they in tually exclusive with considering a far Alaska, because we want to develop that process? But to suggest that be- more comprehensive package. In fact, I more. We are ready to develop more. cause we are not seeing actual produc- would say that it must not be mutually But we recognize it does take longer tion here and now, that somehow or exclusive. This body must debate and for the multitude of reasons I have other we are not trying hard enough, consider additional measures as a wide mentioned. ignores the reality of the complica- ranging package, in my view, that ad- One of the things that perhaps has tions the industry faces on a daily dresses the additional pressing energy not been talked about and I might not basis. issues that will both move our country have mentioned in my earlier com- We want to do more. We want to find toward self-sufficiency in the short ments when I was speaking about more, use less, as we have all been say- term as well as, of course, in the long leases is the number of leases we actu- ing. But I think it is important that we term. ally see turned back by the companies. recognize as we attempt to find more, Again, I believe acting on speculation About 700,000 acres of awarded leases we have to be realistic in terms of our as well as our long-term energy strat- since 2000, in the NPRA area, have been expectations. egy must not be mutually exclusive. turned back. If you look at this map— I yield the floor and suggest the ab- The fact is, we can and should enact and I know on the screen you won’t be sence of a quorum. this speculation measure and then able to see the squares—in these areas, The PRESIDING OFFICER. The move immediately to energy legisla- in these areas, in these areas, in these clerk will call the roll. tion. If that means spending every

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7022 CONGRESSIONAL RECORD — SENATE July 22, 2008 minute of the remaining days of this I posed this very question, with Sen- to an astonishing $5,300, where the session on energy legislation, then that ator FEINSTEIN, to the CFTC Chairman United States is sending as much as is what we must do. The issue is not a in a letter 2 months ago. The Acting $700 billion overseas this year for oil— matter of time but political will. Chairman responded that even if the the largest transfer of wealth in human For the moment, with respect to the CFTC instructed a trader to reduce the history—and where energy costs are legislation before us, this bill today size of his NYMEX West Texas Inter- boosting the price of groceries and does begin the process of enhancing the mediate position, nothing under the transportation, commuting, plane transparency of our energy markets. It Commodity Exchange Act or the Com- fares—arguably every aspect of our should be debated, amended, and im- mission’s regulations would prevent daily lives—I ask my colleagues, in the proved. I do not agree with every provi- that trader from establishing a similar area of energy policy, can we not pass sion in the legislation, but I do think it position for West Texas Intermediate a speculation bill that then leads to moves the process forward. After all, on the ICE London Exchange. What consideration of a larger energy meas- Congress has had more than 40 hearings good are regulations if you can simply ure? on speculation. While I strongly sup- sidestep them and move to another ex- I think of the taxpayer who could use port the intent of this legislation, and change? a $300 tax credit to purchase a high-ef- believe it would be a vast improvement To its credit, the CFTC has since re- ficiency oil furnace, which would save over the current regulatory structure, versed its position after Senator CANT- $430 annually, according to calcula- I think we can agree we should utilize WELL and I pressed the Acting Chair- tions based on Department of Energy our collective knowledge and insight of man by introducing legislation. The data and recent home heating oil energy experts to further enhance this CFTC has now moved forward to estab- prices. But what did we do? We allowed pending legislation. lish position limits for U.S. traders the tax credit to expire—and to date, With the price of oil up $11 one day making transactions on U.S. commod- there are no Federal incentives for and down $8 the next, with testimony ities on foreign exchanges. homeowners to save money and for our and studies indicating that speculation I am pleased the legislation before us country to reduce energy demand. is contributing as much as $25, if not today would codify this CFTC rule for I think of our Nation’s vast reservoir $60, a barrel, there is no question that all foreign exchanges. However, at the of renewable resources that is available swift, decisive action of this kind is re- same time, we should heed Professor to us yet lies virtually dormant. As quired. In fact, last month, during a Greenberger’s admonition and regulate this chart highlights, our entire coun- Senate Commerce Committee hearing, futures markets which are physically try has access to significant wind that chaired by Senator CANTWELL, Pro- located in a foreign country but that may be developed into electricity. On fessor Michael Greenberger, the CFTC’s operate in the United States and trade May 12, the Department of Energy, in a former Director of Trading and Mar- U.S. commodities—exactly like groundbreaking report, stated that kets, testified that foreign trading of NYMEX. wind energy alone could produce up to U.S. commodities is increasing energy This stipulation is exactly what Sen- 20 percent of our Nation’s electricity— prices that Americans are paying, and, ator CANTWELL’s and my legislation 20 percent. worse, the regulation of foreign mar- would accomplish by requiring that If you look at the map of the United kets is inferior to U.S. standards. these foreign markets, which trade a States, you see the potential for wind Americans have a right to know what third of all the contracts for America’s energy. In my State alone, we have $1.5 is occurring in these markets, that West Texas Intermediate, be subject to billion pending for investments await- trade commodities can be costly and the 18 core principles established by ing the outcome of whether we are wreak financial havoc on them. The the CFTC. Only when foreign markets going to extend the tax credits for re- Government Accountability Office adhere to these principles will we be newables. study, which I requested nearly 3 years able to ensure our energy futures mar- But what has Congress done? In- ago, demonstrated just how futures kets are secure and not susceptible to creased uncertainty for renewable en- markets play a key role in price dis- manipulation. With that said, this leg- ergy companies by not extending in- covery but that these markets require islation significantly improves the reg- centives that are scheduled to expire three fundamental criteria: first, cur- ulations for foreign trading of U.S. this year, causing a precipitous decline rent information about supply and de- commodities, and I will be supporting in investment. Projects currently un- mand; secondly, a large number of par- this package because of this basic pro- derway may soon be mothballed. We ticipants; and, third, transparency. It vision. have already seen this occur, when our is transparency that is conspicuously This brings me to the larger point I renewable production tax credit ex- missing from these markets today, es- want to convey to this Chamber today. pired in the past, as indicated by this pecially with regard to foreign markets This bill is indeed a step in the right chart. that trade U.S. commodities. direction. But the problem is, instead Looking at these years, in 2000, 2002, Unequivocally, if U.S. commodities of steps, America should be making and 2004, the production tax credit ex- are being traded overseas, then the for- giant strides. Instead of adding yet an- pired, and there was a pronounced eign market must incorporate the core other year to 30 years of a failed, piece- downturn in electricity production principles established by the Com- meal approach to energy policy, we from a clean American resource. modity Futures Trading Commission should be developing a bipartisan con- If you look at this chart, you can see for the New York Mercantile Exchange, sensus, one committed to landmark, the vast difference in what we did in including position limits and account- comprehensive energy legislation. As a 2007, when there was a bill. When the ability, emergency authority, and daily result, I call on my colleagues to join production tax credit was available, we publication of trading information. to move forward with other policies saw the investments being made. You The absence of these principles along that could be implemented now that see the red arrow going down shows with a lack of transparency could fos- will make a difference for our constitu- where we did not have it, and it had a ter corruption and a gaming of the sys- ents struggling with inordinate prices significant and marked impact in less- tem in these markets, as we witnessed when it comes to energy. ening the investment and causing the with Amaranth and Enron. There are In a world in which gasoline at the underwriting of investments to fail. traders active on the New York Mer- pump costs $4.10 per gallon, according That is unfortunate because clearly the cantile Exchange as well as the ICE Ex- to AAA—obviously, prices vary across Federal Government and the Congress change in London who are buying the the country—and the price of oil is still have a role to play when it comes to same U.S. West Texas Intermediate oil approximately $130 per barrel and could spurring incentives and investments in on both exchanges. How does that hap- easily spike depending on the day, or alternatives, and certainly this is the pen? the events, where the Consumer Fed- case with the production tax credit. Well, I ask my colleagues, what is eration of America estimates that the Seven months ago, we could have the effectiveness of two markets if amount spent annually by American begun to put more than 100,000 Ameri- they sell the same product but one has households on energy in the last 6 cans to work with an extension of relaxed regulations? years soared from approximately $2,600 clean energy production tax credits, if

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7023 we had passed these incentives as I tion and actions, nor created the incen- homes by half. According to a Harvard called for in the stimulus package al- tives that would encourage this as an School of Public Health study, 65 per- most, what, 6 months ago now. This is alternative, as an investment, whether cent of homes are under-insulated. evidenced by the growth in the indus- it is commercial or residential—and it With 100 million homes nationwide, trial production of wind blades, tur- could be both—yet we are not taking there is a considerable amount of sav- bines, fiberglass, and towers. any action when it comes to this re- ings if we would provide incentives for I recognize that wind energy cannot source that we have in abundance homeowners to make the investments be produced everywhere in our country, across this country. in efficiency. but the manufacturers of wind infra- The evidence in favor of maximizing It is hard to believe we have yet to structure are growing throughout the this particular resource is over- pass tax credits, for example, for my country. Wind is a resource that our whelming. In fact, a Massachusetts In- constituents to retrofit their homes country could be developing right now, stitute of Technology report published with a wood pellet furnace, for exam- if we only extended the modest tax in- in January of 2007 provided an exten- ple, which they are trying to do right centive. sive assessment of the future of geo- now. We can’t pass it here at a time Again, I think this chart is an illus- thermal power in the United States when we are facing the crisis of home tration of the potential for wind energy and concluded it is possible to produce heating oil of more than doubling, across this country; as I said, including nearly 10 percent of total electricity could be close to $5. We have yet to get in my State, where we have $1.5 billion generation by 2050 at a cost of between close to winter, so no one can predict worth of wind power projects available, $600 million and $900 million, which what the cost of home heating oil will awaiting the outcome of whether the would be extremely attractive today to be as we approach the winter or even as Congress is going to extend the tax the energy market. The findings pos- we approach fall. Right now it is some- credits for renewables. ited that geothermal power can be ex- where between $4.62 and 4.79 per gallon, Why aren’t we doing this now? I do panded because of a new drilling tech- depending again on where you live. not understand why we did not include nology that artificially produces the These are the projections and these are this as part of the stimulus package 6 geothermal process at deep levels in what people are paying, and yet we months ago. Certainly, this was stimu- the Earth’s crust. cannot pass a tax credit for people to lative in terms of what it could accom- We could begin this process, but yet retrofit their homes to alternative fur- plish in job creation. We well know again, we are investing little to noth- naces because we are dithering once that. As I said, 100,000 jobs, so obvi- ing toward the production of geo- again. ously the tax credits would have had thermal power, and there are currently It is regrettable that we can’t take an impact on the economy. It would no incentives for homeowners to de- these simple but concrete steps that have had an impact on job creation. It velop clean, American, geothermal can make a difference. We could take would have had an impact on energy heating or cooling systems for their many steps that could constitute via- production, investments for the future, own homes. I ask the question: Why? ble actions that could truly assist this and moving this country forward. There are actions we in this Chamber country, yet we remain timid, stag- These would have been concrete steps could take right now to soften the blow nant, and polarized. Instead of earning that would have sent the right message being incurred already by our citizens the public trust, we continue to lose it. to those who are prepared to make the in every region, every sector, and at It is no wonder the approval levels for investments in alternatives, but we are every income level in this country. Congress are now hovering around 14 fiddling while people are scrambling to Why can’t we move on legislation I in- percent. Some of us are working to figure out how they are going to make troduced last week with Senator transcend party, to reach across the ends meet with soaring energy prices. KERRY authorizing $1 billion in funding aisle, to put political posturing aside Here we could take up the simple act from 2009 to 2013 to help States design for something larger than scoring a of extending what we know will be ex- and implement a crisis response to ad- point here or a point here. I am advo- tended—that is the ridiculous nature of dressing the rising cost of heating oil, cating that we join forces, not out of this whole debate, that we know we are natural gas, and diesel? In very short some idea of getting something done, going to be extending the tax credits. order, grants could be administered to but because circumstances are grave We know, so why don’t we take the States to help provide heating shelters and the potential peril we face is that steps proactively and be aggressive in for communities, as well as energy as- ominous that bold cooperation is the addressing the problems facing this sistance and information to the elder- only answer. country, rather than reacting, rather ly, to consumers, and to small busi- In a recent column entitled ‘‘Dumb than stalling, rather than hesitating to nesses. as We Wanna Be,’’ Thomas Friedman take action on a critical and funda- Why can’t we move on legislation I said as much with regard to our unbe- mental issue when it comes to alter- joined with Senators DODD and KERRY lievable squandering of these tax cred- native energy sources. in introducing last month, which would its. He said: There are sizeable geothermal re- stipulate that if the price of home Few Americans know it, but for almost a sources we could tap into right now. heating oil exceeded $4 per gallon this year now, Congress has been bickering over Last year I met with President winter, the Home Heating Oil Reserve whether and how to renew the investment Grimsson of Iceland who related to me would be released on a staggered sched- tax credit to stimulate investment in solar how geothermal power now provides 93 ule throughout the winter? There are energy and the production tax credit to en- percent of the heat for residential nearly 2 million barrels—2 million— courage investment in wind energy. The homes on his island. This achievement currently available and going unused bickering has been so poisonous that when marked the culmination of a 30-year in the Northeast. It would be an egre- Congress passed the 2007 Energy bill last De- undertaking, the dividends of which cember, it failed to extend any stimulus for gious dereliction of duty for the Gov- wind and solar energy production. Oil and Iceland is only now beginning to reap. ernment to withhold this vital heating gas kept all their credits, but those for wind Not only is the United States the source when the health and safety of and solar have been left to expire this De- greatest producer of geothermal power, our population is at risk. cember. I am not making this up. At a time as the President noted, but we also pos- Why can’t we move on legislation I when we should be throwing everything into sess the world’s largest potential for have introduced which would extend clean power innovation, we are squabbling additional geothermal capacity, as in- energy efficiency tax credits for new over pennies. dicated in this chart again, yet we homes, new commercial buildings, and In my own State of Maine, the ab- don’t have policies in place to tap this home retrofits that were included in sence of an energy policy is creating a tremendous energy alternative. Again, the 2005 Energy bill? These tax credits bleak picture for the future that only it demonstrates our abilities and our are working to make a difference right gets more dire as winter gets closer. capabilities when it comes to geo- now. Since 2006, when the new homes Eighty percent of Maine households thermal, yet we have not tapped into tax credit was first put in place, 30,000 use heating oil to get through winter. this mighty resource as an alternative. new homes have qualified for the tax For those of us in Maine, like all of We have not taken the proactive posi- credit, cutting the energy use of those New England and those of us in the

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7024 CONGRESSIONAL RECORD — SENATE July 22, 2008 West, access to home heating oil is not mediate and long-term proposals that School alumni but just as many of just a matter of economic survival, it are so essential to eliminating our de- them were not. can be the difference between life and pendency on imported foreign oil once Folks traveled from all over the death. Last year at this time prices and for all. We need to develop stra- State of Ohio to come out and show were at a challenging $2.70 a gallon. tegic independence, and that is going support for the marching band, every- For the Mainer who, on average, goes to require urgent attention on our body dancing and singing in celebra- through 1,000 gallons of oil, that is part. It requires consensus and com- tion of Shaw’s accomplishment. $2,700. The price now is $4.62, meaning promise that has paved the way for The celebration represented more it will cost those of us in Maine $4,600 landmark legislation in the past and it than a sendoff of a high school march- to stay warm—and that is here in July. obviously requires crossing the polit- ing band. It represented the collabora- We haven’t come into the fall; we are ical aisle to advance these historic ini- tion of an entire community and the not even approaching winter. That is tiatives—principles ingrained in our sheer willpower of a dedicated band and not even taking into account the gaso- Constitution and keystones from our its tireless and fearless director. line prices. This is a looming crisis in Nation’s inception. Donshon Wilson can be called many Maine, one that requires immediate at- When considering the vision of the things: director, teacher, and mentor. tention, not only for Maine but Framers and the times in which we But for the students and families of throughout this country. find ourselves, I am compelled to say Shaw High School, he is also called Because of the anxious concern about today that unless we in Congress hero. the price of heating oil that is mount- depoliticize these monumental issues Mr. WILSON, a Shaw marching band ing in my State, because our economy of our time—as we have neglected to do alum, saw the decline of his beloved continues to teeter on the brink of re- time and again on energy policy—un- band and decided to do something. Be- cession and even stagflation, and be- less we set aside our partisan self-in- ginning in 2001, with a meager budget, cause efforts to craft an energy policy terests, we risk marginalizing this in- he took a handful of students and have remained mired in political stitution we cherish, and we will not turned the band into a 60-member- machinations year after year, we can only have failed those who have elected strong force to be reckoned with. This year, with his unwavering faith ill afford to stand idly by. That is why us, but we will have failed the test of and determination, he raised the nec- I, along with 15 of my colleagues—Sen- history. As we are witnessing every essary funds—more than $400,000—to ator BEN NELSON and I wrote a letter, day, the stakes couldn’t be higher eco- send Shaw to Beijing. and we were joined by 15 other col- nomically, militarily, and globally. Mr. WILSON had transformed a high leagues, including Senators WICKER, The core challenge is—as it has al- school band from an organization that GREGG, BAYH, LEVIN, COLLINS, SUNUNU, ways been—for this, the greatest de- plays instruments to a group that in- SPECTER, JOHNSON, CARDIN, COLEMAN, mocracy on Earth, our ability to gov- spires thousands of young people across LIEBERMAN, DOLE, LANDRIEU, and BAR- ern ourselves. Good governance doesn’t Cleveland. RASSO, asking the President to convene mean full agreement or comity 100 per- From performing for Senator OBAMA an emergency summit to address what cent of the time within the walls of and Senator CLINTON in the last year, is a growing energy crisis. We recog- this venerable, deliberative body, but it to entertaining city diners as the musi- nize the status quo must change with does mean that we, as elected officials, cians played impromptu concerts regard to our energy paralysis, and we have an individual and collective re- throughout Cleveland’s city streets, to have to sit down and forge a bipartisan sponsibility to make the system work, representing our country in China, the and bicameral agreement with the and that can only happen when we are Shaw marching band is an example of President. We are calling on the Presi- willing to take the risk of working the best and the brightest in our com- dent to convene this emergency sum- with each other instead of against each munity. mit on both ends of Pennsylvania Ave- other. We would engender a renewed in- At that Cleveland concert in June nue. tegrity to this process if we were sim- that my wife and I attended, what was We ought to be able to sit down ply to allow it to work. We should already a great celebration turned even around the table, convening the bipar- begin to make every possible effort to more jubilant when Band Director Wil- tisan congressional leadership and make it happen. If we truly accept son announced that the money raised other Members of both the House and working together, there is nothing we in the last year would not only send Senate on committees of jurisdiction, cannot achieve. We could realize, I the band to Beijing, it would also es- along with industry leaders, environ- think, milestone accomplishments that tablish a new seventh and eighth grade mental leaders, and all stakeholders, would be so important for this Nation section of the band. because this is a national emergency at this very anxious time. When it was announced Mr. WILSON that requires urgent attention by the I hope this is the beginning of the would extend the program to now in- President and by the Congress to take process of crafting a comprehensive en- clude the younger students in the immediate action. ergy policy. It is rightfully what the Mighty Cardinals Marching Band, the Because families are facing painful American people expect and deserve crowd applauded with joy and grateful- choices on a daily basis between filling from their elected officials and this in- ness. They knew this had never been up their cars with gas or feeding their stitution. done before. Giving the students the family, I have called on Congress to do I yield the floor. proper foundation to become better everything to address every needless The PRESIDING OFFICER. The Sen- musicians earlier in their lives benefits dollar our country spends on energy as ator from Ohio is recognized. this entire community of the city of a result of price manipulation and WELCOME HOME SHAW East Cleveland. rampant and unchecked speculation. Mr. BROWN. Mr. President, in June, As a father of four children, I could The bill under consideration today I had the distinct honor of joining not help but well up with pride as more helps achieve that, but we have to do thousands of Clevelanders at the than 30 boys and girls in seventh and much more. So while I agree we must Wolstein Center to celebrate the deter- eighth grade marched onto the arena move forward with this legislation, I mination and success of The Mighty floor to join their new band sisters and hope at the end of the day, at the end Shaw High School Marching Band. The brothers in a spirited performance that of this process, we will consider other band was preparing to travel to Beijing brought down the house. measures that are so instrumental to later that month to perform at the Because of the extraordinary work of crafting a comprehensive energy pol- International Olympic Music Festival. Mr. WILSON, the Mighty Shaw High icy. The President too has a responsi- Shaw was one of only five U.S. march- School Band, and school super- bility to join us in this process. We ing bands invited to this event, and we intendent Myrna Loy Corley, a new should be working individually and col- celebrated their achievement that generation of students will become lectively in bringing the best minds in night in Cleveland. part of the Shaw band family and this country together to begin the On the night of the concert, there Cleveland history. process of addressing our energy policy were several thousand people in attend- Earlier this month, Shaw returned based on the short term, on inter- ance. Many of them were Shaw High from their triumphant trip to China.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7025 To say they were a hit is an under- 34TH ANNIVERSARY OF TURKEY’S when I met with the Mayor-in-exile of statement. From a spirited perform- INVASION OF CYPRUS Famagusta, Alexis Galanos, concerning ance in the historic Xi’an City Plaza, Ms. SNOWE. Mr. President, I rise to the Republic’s hope for the orderly re- to an energetic performance at the mark a dark anniversary for the Hel- settlement of the ‘‘ghost neighbor- Great Wall of China, to their climactic lenic-American community, and its hood’’ of Varosha by its rightful inhab- parade and a knock-their-socks-off Cypriot members in particular. Thirty- itants under U.N. administration, concert in Beijing, the Shaw High four years ago this week, the armed which would also open the harbor for School Band represented themselves, forces of Turkey violated the sov- use by both communities. Support for their school, their city of East Cleve- ereignty and territory of the Republic this plan—which the international land, and this great country with of Cyprus by illegally invading and ul- community called for in United Na- honor. timately occupying its northern third. tions Security Council Resolution 550 In the process, based on the cheers The continued division and military of 1984—demonstrates not only the and applause from the audiences, they occupation of Cyprus by Turkey re- willingness but also the wisdom of the won the hearts of their Chinese hosts. mains a gross violation of the human Greek Cypriot community in seeking This summer, the people of China—and rights and fundamental freedoms of all just and workable outcomes to seem- the world—came to know what so Cypriots and a blatant disregard for ingly intractable problems on the is- many of us already knew: The Mighty the rule of law. The European Court of land. I am pleased to be working with Shaw High School Marching Band is Human Rights has repeatedly con- Ambassador Andreas Kakouris of Cy- world class. demned Turkey for violating funda- prus to garner congressional support These are the band members: mental rights of Cypriots such as the for this initiative. Jimea Barnum, flag; Justin Bass, French right to life, the right to liberty and Moreover, the United States should horn; Jason Blade, trumpet; Samone Bey, security, the right to the protection of be doing its part to address one of the dance team; Krystal Brooks, flag; Alona property and the prohibition of inhu- most devastating effects of the occupa- Bryson, dance team; Carlissa Chambers, man or degrading treatment—rights we tion on Cypriot-American families by dance team; Renee Dorsey, flag; Kamaria as Americans also regard as sac- providing the means for U.S. citizens Eiland, flag; Leah Foster, cymbals; Isaiah rosanct. with claims to property in the Turkish- Gardner, tenor drum; Marlon Graves, tenor Throughout these decades of injus- occupied north of Cyprus to seek re- drum; Rhonda Harris, cymbals; Arthur Hill, dress for the homes that have been de- baritone horn; Simone Hurd, dance team; tice, the Greek Cypriot community has Kayla Jordan, dance team; Gerome Jennings, sought a just resolution to the ‘‘Cyprus stroyed or taken from them. The inva- Baritone horn; Jared Lang, French horn; Question.’’ And we are certainly at a sion by the Turkish troops in 1974 Derrick Le Grande, tenor drum. potentially historic crossroads in the forced nearly 200,000 Greek Cypriots— Deontae Lewis, French horn; Mathew effort to end this tragic division. With nearly one-third of the Cypriot popu- Longino, French horn; Marshae Love, dance the February election of President lation at the time—from their homes, team; Audrey Maxwell, trombone; Genesis Christofias and his focus on engaging making them refugees in their own Maxwell, cymbals; Alisha McClellan, cym- the Turkish Cypriot community, the country. A large proportion of the bals; Robert Miller, tenor drum; Seirra properties from which the Greek Cyp- Moore, trumpet; Quanee Penn, snare drum; coming months may turn out to be Tony Prather, bass drum; Raymond Raye, among the most consequential in the riot owners were expelled was unlaw- bass drum; Sharleen Riley, flag; Chanay Rob- island’s long history. Certainly, for the fully distributed to the tens of thou- inson, trombone; Tyrel Ross, tuba; Delilah people of the Republic of Cyprus, the il- sands of illegal settlers from Turkey. Sedrick, dance team; Natasha Shields, trum- legal occupation of the north cannot An estimated 7,000 to 10,000 U.S. citi- pet; Masonia Shorter-Little, trombone; come to an end soon enough. zens of Cypriot descent have claims to Jimila Small, trumpet; Andresa Stephens, Meeting with Cypriot Foreign Min- such properties. dance team; Marshell Stone, trombone. ister Markos Kyprianou in early April, That is why my colleague Senator Chavone Taylor, snare drum; Jonathan I was therefore heartened to hear in de- MENENDEZ and I have introduced the Thomas, tuba; Rory Tripp, trumpet; Dono- American-Owned Property in Occupied van Vaughn, trumpet; Ericka Walker, trum- tail about the progress made at Presi- pet; Denzel Watkins, snare drum; Kimille dent Christofias’ March meeting with Cyprus Claims Act, which would direct Webb, dance team; Russell West, baritone Mehmet Ali Talat, the leader of the the U.S. Government’s independent horn; Daniel Whitworth, tuba; Ciera Whit- Turkish Cypriot community, which re- Foreign Claims Settlement Commis- worth, trumpet; Shera Williams, trombone; sulted in the establishment of working sion to receive, evaluate, and deter- Victor Williams, snare drum; Latonia Young, groups on the outstanding substantive mine awards with respect to the claims flag. issues to be resolved between the two of U.S. citizens and businesses that lost These young men and women are spe- communities. Shortly thereafter, the property as a result of Turkey’s inva- cial as students, as musicians, and as two communities opened a critical bor- sion and continued occupation of citizen ambassadors. Welcome home. der crossing on Ledra Street in the northern Cyprus. The bill would fur- We are all so proud of you. heart of Nicosia in early April. The two ther grant U.S. Federal courts jurisdic- I thank the Chair. leaders have met twice more to review tion over suits by U.S. nationals Mr. President, I suggest the absence the progress of the working groups, and against any private persons occupying of a quorum. are scheduled to again meet at the end or otherwise using the U.S. national’s The PRESIDING OFFICER. The of this week. property in the Turkish-occupied por- clerk will call the roll. These efforts only strengthen my tion of Cyprus. The act would expressly The legislative clerk proceeded to long-held commitment to work to en- waive Turkey’s sovereign immunity call the roll. sure that the United States stands by against claims brought by U.S. nation- Mr. BROWN. Mr. President, I ask its close ally, the Republic of Cyprus, als in U.S. courts relating to property unanimous consent that the order for to achieve a resolution to the tragic di- occupied by the Government of Turkey the quorum call be rescinded. vision of the island that is fair to and used by Turkey in connection with The PRESIDING OFFICER. Without Greek Cypriots. As we learned from our a commercial activity carried out in objection, it is so ordered. experience with the justified rejection the United States. of the Annan Plan by Greek Cypriots More than just providing redress to f in 2004—the Cyprus Question is one Cypriot-Americans who have had their that can only be resolved through mu- ancestral homes taken from them, this MORNING BUSINESS tual agreement on a solution, not an legislation would uphold the larger Mr. BROWN. Mr. President, I ask imposition of one. shared values of justice and personal unanimous consent that the Senate The magnanimity of the Greek Cyp- dignity that the citizens of both the proceed to a period of morning busi- riot community in seeking a fair solu- United States and the Republic of Cy- ness, with Senators permitted to speak tion to the division of the island de- prus value so highly. It is my hope and therein for up to 10 minutes each. spite the injustices they have suffered pledge that, whatever progress is made The PRESIDING OFFICER. Without for nearly three and a half decades was in the current talks between the two objection, it is so ordered. also highlighted for me in October, communities on the island, the United

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7026 CONGRESSIONAL RECORD — SENATE July 22, 2008 States will continue to stand by its If we could offer tax or other types of in- offshore drilling, begin shale drilling in Wyo- close ally to ensure that fairness is not centives to home owners who choose to ret- ming, Colorado and Utah, and also begin sacrificed in the interest of expediency. rofit their existing houses to solar power, we drilling in ANWR. My husband and I are 100 For it is not just the rights of the could further increase the possibility of de- percent in favor of this happening, and hope velopment of the use of the resource. that your vote will likewise be the same in Greek Cypriot community that are at I think nuclear energy has proven itself to the Senate. What a shame that this country stake, but the viability of the human be a great source of power. Its increased use has not built a new refinery in thirty years. and civil rights that all democracies— would foster research into uses of the spent It is hard to believe that we have let our- that most enduring of Hellenic institu- fuel, which seems to me to be the most con- selves become so dependent on foreign oil, tions—hold most dear. troversial area. Again, I am sure that with and it is a disgrace to this country. We the increased use of nuclear power comes the would also be in favor of nuclear energy, and f increased possibility of accidents, but also affordable hybrid cars (electric and gas) to comes the increased knowledge base from lessen the dependency on oil. IDAHOANS SPEAK OUT ON HIGH which to work, keeping the possibilities of ENERGY PRICES My husband and I are both retired and on accidents to a minimum. fixed incomes so the sky rocketing fuel Mr. CRAPO. Mr. President, in mid- One of the important questions I would prices affecting the cost of food, and any- June, I asked Idahoans to share with like to raise is the viability of ethanol. I thing else shipped by truck, has not only cut think it is going to do too much damage (we me how high energy prices are affect- into our income, but also into our savings. are seeing it already) to our food-producing We thank you for all the good work you ing their lives, and they responded by industry. It is already causing an increase in the hundreds. The stories, numbering are doing on our behalf as Senator of Idaho. food costs in the grocery store, and further Please keep up the fight so that our voices over 1,000, are heartbreaking and development will cause, I am afraid, an even can be heard. touching. To respect their efforts, I am larger cost increase. We are already import- Sincerely, submitting every e-mail sent to me ing foodstuffs from other countries, some- SHEILA. through [email protected] thing we have not had to do before. UNSIGNED. .gov to the CONGRESSIONAL RECORD. It is time that we must remind Repub- licans that if we do not drill, we will no This is not an issue that will be easily You write that my country is too depend- longer be the strongest nation in the world. resolved, but it is one that deserves im- ent on foreign oil and we must develop alter- I am sure that the Liberals and Environ- mediate and serious attention, and Ida- nate energy sources. You, your party, and mentalists want us to suffer. We are a ‘‘can many of the Democrats have voted consist- hoans deserve to be heard. Their sto- do’’ nation and we can start drilling off the ently against all such alternatives for one ries not only detail their struggles to coasts and in ANWR. We need to show, the reason or another. [I disagree with your as- meet everyday expenses, but also have Americans, that we are still a ‘‘can do’’ na- sessment of the problem.] It is of no use to suggestions and recommendations as to tion. Maybe we should tell all those who do write about my experience with the rise in not support drilling that we should not sup- what Congress can do now to tackle gas prices. If Congress and this Administra- port them in Congress. We are a nation that this problem and find solutions that tion need stories, then it further proves that has always had a ‘‘can do’’ attitude. We do last beyond today. I ask unanimous our elected government [is not responsive to not [want people in Congress who do not sup- consent to have today’s letters printed its citizens][Congress has] held hearings with port drilling and new jobs; we need people the oil representatives, which [has not re- in the RECORD. who will allow us to develop our own re- sulted in anything.] Thank you for your in- There being no objection, the mate- sources without reliance on foreign coun- attention to this response. rial was ordered to be printed in the tries.] We have plenty of oil and oil shale in HARRY. RECORD, as follows: our country to start drilling now. Thanks for the info. And thanks for asking I am a small business owner in Meridian. I MARY. for input. My family is seeing the pinch will put this succinctly: My government is somewhat. We live 20 miles from Boise, and allowing OPEC to put me and other busi- Good for you, Senator Crapo!! Thank you since work and shopping are in Boise, that nesses out of business! If I understand this for not falling for the illogical environ- puts us on the road a lot during the week. We correctly, we import most of our oil from mental hysteria that is taking over the po- have been forced to consolidate trips, which Canada and Mexico. If I also understand this litical landscape right now. We need long- is not that bad an idea. We also drive our lit- correctly, they import a lot of food and tech- term planning, not short-term panic. tle car (Honda Civic) more, which, for a fam- nology from us. Therefore, if we get little to MARV. ily of large people such as ours, is not a no oil, then understandably, they should get small problem. We do not drive my pick-up no food or technology and keep [their own] I have presently read a report written by a as much as we have in the past, either. citizens in [their] country. I cannot afford to retired engineer from Exxon. This engineer I think that it is about time we developed pay higher taxes for these illegal people. No has proposed a change from oil to coal-oil. our own resources regardless of the impact of oil = no food. I can live longer without their That can be produced at $40 a barrel and individual families. It is a strategic decision oil than they can without our food. Stop all within EPA standards. To me, this is a no- since the world’s oil reserves are being used Alaskan pipeline oil to Japan; why should we brainer for the interim until a permanent so- at an ever-increasing rate because of the be in critical shortage and continue to sup- lution is available. growth of the economies of different coun- ply them? HERBERT. tries around the world. The U.S. is not the We can build refineries, too. Obviously the only consumer any more, and we have to live OPEC cartel does not want to since they are My wife and I live in Hailey and are octo- with that. So, drilling in ANWR, off the raping our bank accounts with the few that genarians, so the impact of high energy costs coast and developing oil shale is a good are working. Drill off-shore; China is [doing is felt through home heating and cooking thing, especially since we have proven that so] in our own gulf, and drill in the Arctic and limitation on driving. Perhaps the great- we can do it with very little impact on the National Wildlife Refuge. est impact is the rising cost of food and serv- environment (as is the case of the Trans- [I am tired of all the talk without any ac- ices relating to costs of energy. We have can- Alaska Pipeline). Of course, we can expect tion. Congress must get this country moving celed out two vacations this summer and accidents, but we have to deal with that if it in a positive direction.] fall, and go into town to shop and pick up happens and engineer a plan for that contin- Support the troops. mail just 2 or 3 days a week. gency to prevent it from happening. Secure the border. If Congress actually gets serious, I feel we I think solar power is something we really Drill and process our own oil, build refin- would be well served by 1) offshore drilling have to look at. Why not require that every eries. and new refining and 2) a serious long-term Secure English as our language. new house built have solar collectors on the effort to diversify into nuclear power, and No foreign aid to countries hostile to the roof. This will do a number of things: other economically correct alternatives, in- U.S. It will create a new industry which will Practice some ethics in government serv- cluding coal and shale oil. create a fertile environment for R&D, which ice. Keep your eye on the ball. will, in turn, improve the efficiency and [I am very unhappy with the inaction of JIM AND MARTY. branch into new areas where solar power can Congress on this matter.] be used that have not been considered yet. Sincerely, ‘‘This year alone, the average American It will use a resource that is not being uti- DAVID, Meridian. family will spend more than $200 a month on lized because of inefficiency. But, regardless gasoline.’’ of how inefficient our use is, if we do not use DEAR SENATOR CRAPO: I received your e- YOU are now paying about half what Euro- it, it is going to waste, anyway. mail and just wanted to respond in kind to peans pay for gas—so this is what you chose It will open a new realm of thought where it. to call a ‘‘crisis.’’ But then of course you do American ingenuity can take over branching I also heard President Bush’s speech this not walk in my shoes. The Europeans appar- into other areas. morning that he would like to lift the ban on ently have learned to live with outrageous

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gas prices, but then their governments do DEAR SENATOR CRAPO, While there is no the clean diesels from Europe such as the not provide tax incentives for people to buy short term fix for escalating energy prices, I Volkswagen Polo—which with the diesel en- SUVs and 1-ton trucks to go shopping in. believe there are a few things that we can do gine gets 72 mpg. Hybrid vehicles cannot Maybe there is no SUV or 1-ton truck lobby to ensure the United States of America will touch this kind of fuel economy. Just think over there. have viable energy for the future. how many gallons of fuel would be saved by Here is MY crisis—if you are interested: I (1) Speculative Impact on Oil—Taxing the cars like this, then think about how many am paying $1,293 per month for medical in- oil companies into oblivion is not the an- more gallons of fuel would be saved if this surance for my wife and myself. That is a swer, but the methods that are used to trade vehicle used biodiesel! heck of a lot more than your $200 ‘‘crisis.’’ oil contracts can be changed. Since oil spec- As for how it affects my life: I had already That takes care of about all of my company ulators only need to put 4 percent—7 percent reduced my driving after diesel hit $3/gallon, pension (after 30 years of employment). down on an oil contract, there are too many and now I have reduced it even more. I can- For that $200 in gas I can escape to McCall speculators in the market that have no in- celed plans to visit family in North Idaho for or Stanley for a weekend. That $1,293 med- tention of ever taking delivery of a drop of the Memorial Day Weekend (I live in Boise), ical insurance does not even offer me peace oil. Raising the down payment to be com- and about the only driving I do is to/from of mind, as I struggle each month to justify parable to the stock market (50 percent down work (5 miles each way), and necessary er- the payment. payment) will take out the investors ‘‘dab- rands such as the grocery store. I also end up Obviously—your crisis is not my crisis— bling’’ in oil. Let us do the math on this: If hunting much less than I would like, and if and vice versa. I took $40,000 of my own money, I could buy the price continues to climb, I may not hunt OLE, Boise. one million dollars worth of oil contracts at all. If more people like me do not hunt, that I would have no intention of ever taking then the Idaho Fish and Game department This fuel problem is, of course, hard on us delivery of. Removing oil contracts such as will have huge funding shortfalls which, in all. But the young families trying to make these from the market would give us a better my opinion, jeopardizes the future of wildlife ends meet by working two jobs and still can- idea of true supply/demand ratio really is. conservation in our state. I also have cut not meet the student’s needs, and cannot get (1a) The Fed needs to do what is necessary down on spending of all other types, whether any to help because they do not fall into the to increase the value of the dollar. A strong- it is eating out or not buying consumer right bracket to receive stamps or whatever, er dollar slows down speculative buying of goods. free children’s lunches, even. The real people oil, causing the price to drop. There is not an instant solution to the en- are the ones who are hurting. Yes, something (2) Import tariff on ethanol. While we do ergy crisis, but some of the things above will has got to give. Bless you for caring. not want to be dependent on yet another im- help in the short term. We need to focus on MARY. ported fuel, this would remove some of the the long term energy policy not only to The bottom line solution to our energy cri- pressure on food prices due to demand for cause prices to normalize, but to prevent sis is to dramatically reduce our dependence corn. Corn is so important to our society economy-killing price hikes like we are see- on fossil fuel as quickly as possible, espe- that most people do not grasp the impact it ing now. cially foreign oil. Sooner or later that supply has on many areas of the economy. Every- ALAN, Boise. is going to be history. thing from carbonated drinks, dog food, The big question is what can we do now? I meat, etc. depend on corn in one way or an- We are 70 years old and active seniors on a can think of several ideas: (1) Allow oil drill- other and also raises the prices for other fixed income. Energy costs are becoming a ing in the U.S. in those areas currently re- crops because less of these other crops are burden for us and will begin to go into our stricted by environmental law. (2) Create being planted in favor of corn. Now take that reserves for future years. Gas prices are obvi- monetary incentives for auto manufacturers price increase, and add the effect of the ously a problem but the cost of groceries is who offer non-fossil fuel vehicles for sale and flooding this year and we are looking at a also a big item. We have one car and my hus- also incentives for those who buy them. (3) recipe for rampant inflation. Since Idaho band rides a bicycle as much as possible. I Encourage the use of nuclear energy to gen- farmers produce a large amount of sugar walk to places when destinations are close erate electrical energy, both for home and from sugar beets, maybe helping them build enough. We are concerned about being good domestic use. (4) To help pay for some of some plants to turn that sugar into ethanol stewards of our environment and do what we this, apply a healthy surcharge on every gal- is a viable option. can, e.g., recycling, using less gas, using fans lon of foreign oil that comes into the U.S. (3) Other energy sources. We cannot con- instead of an air conditioner when practical, And finally (5) continue to help educate our tinue to count on oil as our primary source raising some of our own food, planting trees U.S. public in new and better ways to cope for energy. The Federal Government has on our property, and conserving water. with high energy costs. known for years that we can get biodiesel We are disgusted that we are the victims of None of this will come quick or easy, but from ALGAE! (http://www.unh.edu/p2/bio- bogus global warming fanatics, environ- something has to be done now to keep from diesel/article_alge.html cites many govern- mentalists, and opportunists. Ethanol, which destroying our U.S. economy and existence. ment sources) We cannot afford to not pro- has not been proven to be efficient or good Thank you. vide funds for more research and develop- for engines, is using up corn that was used DAVE AND HELEN, Meridian. ment in this field. Clean nuclear energy—we for food and livestock feed thus raising food need to do whatever we can to be able to costs. We have oil reserves in our own soil I totally disagree with your statement in take spent nuclear fuel and regenerate it, that could be used. There are other countries the first paragraph that reads: thus having less nuclear waste going into the drilling off our shores so why cannot we ‘‘The driving distances between places in since this would not create any more risk our state as well as limited public transpor- ground. If the French can do this, there should be nothing in our way to prevent us than is already present? tation options mean that many of us do not ALLEN AND JANE, Nampa. have any choice but to keep driving and pay- for doing it—even if it means renegotiating ing those ever-increasing prices for fuel. The nuclear proliferation treaties. We also need f United States is too dependent on petroleum to invest more into research and develop- ADDITIONAL STATEMENTS for our energy. And we are far too dependent ment of solar and wind power. We also need on foreign sources of that petroleum. We ur- to overturn drilling bans that are in place in gently need to expand our own domestic pro- places such as the coasts of California and 125TH ANNIVERSARY OF CHURCHS Florida. We also cannot deny that this coun- duction of petroleum and need to signifi- FERRY, NORTH DAKOTA cantly diversify our energy sources.’’ try needs more refining capacity, and we More emphasis should be placed by Con- need to come up with a way to help compa- ∑ Mr. CONRAD. Mr. President, I am gress (including you) on forcing the three do- nies cut the red tape and build more refinery pleased to honor a community in North mestic automobile manufacturers to in- capacity. Dakota that recently celebrated its crease the mileage cars and trucks get and (4) FEDERAL GOVERNMENT REGULA- 125th anniversary. On June 27 through TION—The rules imposed by the EPA have phase out production of gas-guzzling SUVs, June 29, the residents of Churchs Ferry while increasing the production levels of hy- impacted our ability to have higher mile per brid cars similar to the ones Toyota and gallon vehicles. Tighter emission laws al- celebrated their community’s history Honda make. Instead of coming up with new ways results in a decrease in fuel economy. If and founding. ideas you advocate continuing the status engines put out less emissions in emissions This Great Northern Rail Road town quo, which is to allow auto manufacturers to tests, is that negated by them consuming site was founded in 1886 and named for save money on the research necessary to more fuel over several years? For example, the ferry service operated by Irvine A. come up with cars that have leading-edge the change from low sulfur diesel (500 ppm Church. Mr. Church moved his Church technology, like the Toyota Prius. No won- sulfur) to Ultra low sulfur diesel (50 ppm) post office to the town on November 13, der American car makers are losing billions caused diesels to lose about 2 percent econ- 1886, adopting the new name. To con- of dollars and are now behind Toyota in cars omy and some of the older engines have sold. Next thing we taxpayers will probably problems with the new diesel eating through form to new government spelling regu- have to do is to bail these companies out, seals. Having regulations more like Europe lations the name was changed to just as we did with Chrysler in the early (separate policies for gasoline engines vs. Churchs Ferry on November 30, 1894. 1980s. diesel engines) would also help. Due to the Although its population is small, ROBERT, Boise. current EPA regulation, nobody can import Churchs Ferry serves as a testament to

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7028 CONGRESSIONAL RECORD — SENATE July 22, 2008 hard work and determination. Even committee created memorabilia rooms 125TH ANNIVERSARY OF after a Federal buyout in 2000 relocated representing the former Guelph school MINNEWAUKAN, NORTH DAKOTA many residents of Churchs Ferry from classes, and the town of Guelph. Video ∑ Mr. CONRAD. Mr. President, I am the rising flood waters of Devils Lake, presentations of the community his- pleased to honor a community in North some residents remained. These 10 resi- tory and past celebrations were avail- Dakota that is celebrating its 125th an- dents have persevered and worked ex- able for viewing throughout the week- niversary. On July 25 through July 27, tremely hard to keep Churchs Ferry end. the residents of Minnewaukan will cel- alive. Paul Christenson is the mayor, Mr. President, I ask the Senate to ebrate their community’s history and mechanic, and mower of the commu- join me in congratulating Guelph, ND, founding. nity’s 30 acres of grass and takes great and its residents on their 125th anni- Minnewaukan is a small town with a pride in keeping Churchs Ferry beau- versary and in wishing them well in population of 318 residents located in tiful. Two new businesses have opened, the future. By honoring Guelph and all Benson County in northeastern North including Gardendwellers Farm, which other historic small towns of North Da- Dakota. In 1883, the town site was grows custom crops for wineries and kota, we keep the pioneering frontier founded as one of several sites com- restaurants and offers horticulture spirit alive for future generations. peting for the important Northern Pa- tours and workshops, and Water’s Edge Communities such as Guelph have cific Railroad connection at the west Dog Boarding kennel. helped shape this Nation into what it is end of Devils Lake. It became the coun- Visitors who pass through Churchs today, which is why this community is ty seat in 1884. The name is based on Ferry still see that the street signs are deserving of our recognition.∑ the Indian name Mini Waukon Chante, up and can drive by city hall, the post f meaning water of bad spirits. The post office, Kat’s Korral bar, Paul’s Repair office was established on March 12, 125TH ANNIVERSARY OF HAVANA, shop, the Zion Lutheran Church, a mu- 1884, by Thomas B. Ware. In 1898, NORTH DAKOTA seum, the Masonic Temple and the Minnewaukan became a city. former school’s gym/kitchen/stage ad- ∑ Mr. CONRAD. Mr. President, I am Today, Minnewaukan remains a dition that was purchased by the pleased today to recognize a commu- proud community that has a pros- school’s alumni association. The 125th nity in North Dakota that recently perous economy consisting of farming, anniversary celebration started off Fri- celebrated its 125th anniversary. On service businesses, outdoor tourism, day, June 27, with a 1-mile walk and July 4–6, the residents of Havana gath- computer processing and retail busi- concluded on Sunday with a polka ered to celebrate their community’s nesses. Like so many smaller rural church service. history and founding. communities in North Dakota, Mr. President, I ask the Senate to Havana is a town of nearly 100 inhab- Minnewaukan is a tight-knit town join me in congratulating Churchs itants. It is located in southeast North where everyone knows their neighbor. Ferry, ND, and its residents on their Dakota. Originally, the town was The Minnewaukan Community Club is 125th anniversary and in wishing them named Weber, but it was subsequently a valuable asset to the community. well in the future. By honoring changed to Havana to avoid confusion The efforts of the club have success- Churchs Ferry and all the other his- with a town of a similar sounding name fully established a thriving fish clean- toric small towns of ND, we keep the on the same railroad line. Havana was ing station and boat ramp in the area. Minnewaukan is a great place for en- pioneering frontier spirit alive for fu- incorporated in 1904. By 1913, the town joying the outdoors all year round, in- ture generations. It is places such as claimed a population of 450. In its early cluding hunting, fishing, boating, and Churchs Ferry that have helped shape days, Havana had numerous general camping. People from across the State this country into what it is today, stores, pool halls, hotels, businesses and Nation are drawn by the lengthy which is why this community is deserv- dedicated to agriculture, a newspaper seasons and abundant populations of ing of our recognition.∑ and an opera house. waterfowl and fish. Grahams Island f Today, Havana offers its citizens plenty of leisure activities. Residents State Park provides citizens of the 125TH ANNIVERSARY OF GUELPH, can enjoy a game of baseball at community and tourists an oppor- NORTH DAKOTA Williamson Park. The town maintains tunity to enjoy the beauty of North ∑ Mr. CONRAD. Mr. President, I am a grocery store and a post office. The Dakota through hiking, canoeing, pleased to honor a community in North Havana Civic Center hosts events for biking, horseback riding and cross- Dakota that recently celebrated its Havana’s citizens. One of the favorite country skiing. The community has planned a won- 125th anniversary. On July 12 and 13, gathering places of residents of Havana derful weekend celebration to com- the residents of Guelph gathered to cel- is the town’s cafe´, the Farmer’s Inn. memorate its 125th anniversary. Cur- ebrate their community’s history and Havana’s anniversary celebration rent and former residents of founding. began with a parade. In addition to Minnewaukan will gather to celebrate Guelph is located in Dickey County many other activities, the community this special occasion. The celebration in southeastern North Dakota. It was hosted a craft show, a banquet at the includes an all-school reunion, a 5k founded in 1886 as a station for the Havana Civic Center, a street dance, walk/run, parade, fireworks display, Great Northern Rail Road. The post of- and fireworks display. Havana held a concerts, and much more. fice was established on March 8, 1887, music festival, featuring bluegrass and Mr. President, I ask the Senate to and its postmaster, Silas R. Dales, gospel music, on the last day of the join me in congratulating Minne- named the town for his hometown of celebration. One of the highlights of waukan, ND, and its residents on their Guelph, Ontario. Havana’s festivities was the All School 125th anniversary and in wishing them Although its population is small, Reunion, which brought together well in the future. By honoring Guelph is a popular destination be- former classmates of Havana School. Minnewaukan and all the other his- cause of its proximity to the James Mr. President, I ask the Senate to toric towns of North Dakota, we keep River for recreational boating and fish- join me in congratulating Havana, ND the pioneering frontier spirit alive for ing. In addition, there are eight farms and its residents on their first 125 years future generations. It is places such as in the community that have been in and in wishing them well in the future. Minnewaukan that have helped shape the same families for 100 years. By honoring Havana and all the other this country into what it is today, The celebratory events on July 12 in- historic small towns of North Dakota, which is why this community is deserv- cluded a performance by the Guelph we keep the frontier spirit alive for fu- ing of our recognition. Community Band and Chorus, an all- ture generations. It is places like Ha- Minnewaukan has a proud past and a school reunion, children’s games, pony vana that have helped to shape this bright future.∑ rides, a Shine and Show classic car/col- country into what it is today, which is f lectible vehicle show, a banquet and a why this community is deserving of dance. Activities for July 13 included a our recognition. MESSAGES FROM THE PRESIDENT turkey barbeque, children’s games and Havana has a proud past and a bright Messages from the President of the a tractor pull. Also, the anniversary future.∑ United States were communicated to

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7029 the Senate by Mrs. Neiman, one of his H.R. 4289. An act to name the Department Air Force nomination of Lt. Gen. Donald J. secretaries. of Veterans Affairs outpatient clinic in Hoffman, to be General. Ponce, Puerto Rico, as the ‘‘Euripides Rubio Air Force nomination of Brig. Gen. Kelly f Department of Veterans Affairs Outpatient K. McKeague, to be Major General. EXECUTIVE MESSAGES REFERRED Clinic’’. Army nomination of Col. Timothy K. S. 231. An act to authorize the Edward Adams, to be Brigadier General. As in executive session the Presiding Byrne Memorial Justice Assistance Grant Army nomination of Lt. Gen. Ann E. Officer laid before the Senate messages Program at fiscal year 2006 levels through Dunwoody, to be General. from the President of the United 2012. Army nomination of Maj. Gen. David M. States submitting sundry nominations S. 2607. An act to make a technical correc- Rodriguez, to be Lieutenant General. which were referred to the Committee tion to section 3009 of the Deficit Reduction Army nomination of Maj. Gen. Edgar E. on Armed Services. Act of 2005. Stanton III, to be Lieutenant General. S. 3145. An act to designate a portion of Army nomination of Brig. Gen. Matthew L. (The nominations received today are Kambic, to be Major General. printed at the end of the Senate pro- United States Route 20A, located in Orchard Park, New York, as the ‘‘Timothy J. Russert Army nomination of Lt. Gen. Martin E. ceedings.) Highway’’. Dempsey, to be General. f S. 3218. An act to extend the pilot program Army nomination of Lt. Gen. Carter F. for volunteer groups to obtain criminal his- Ham, to be General. TRANSMITTING CERTIFICATION tory background checks. Army nomination of Lt. Gen. Richard P. THAT THE EXPORT OF CERTAIN Zahner, to be Lieutenant General. MATERIALS AND EQUIPMENT f Army nomination of Maj. Gen. Robert E. FOR PRODUCTION OF NUTRI- MEASURES READ THE FIRST TIME Durbin, to be Lieutenant General. Army nomination of Lt. Gen. Ronald L. TIONAL SUPPLEMENTS IS NOT The following bill was read the first DETRIMENTAL TO THE U.S. Burgess, Jr., to be Lieutenant General. time: Army nomination of Lt. Gen. John F. SPACE LAUNCH INDUSTRY AND Kimmons, to be Lieutenant General. WILL NOT MEASURABLY IM- S. 3297. A bill to advance America’s prior- ities. Marine Corps nomination of Maj. Gen. PROVE MISSILE OR SPACE Douglas M. Stone, to be Lieutenant General. LAUNCH CAPABILITIES OF THE f Marine Corps nomination of Maj. Gen. PEOPLE’S REPUBLIC OF CHINA— ENROLLED BILLS PRESENTED George J. Flynn, to be Lieutenant General. PM–58 Marine Corps nominations beginning with The Secretary of the Senate an- Colonel Juan G. Ayala and ending with Colo- The PRESIDING OFFICER laid be- nounced that on today, July 22, 2008, nel Glenn M. Walters, which nominations fore the Senate the following message she had presented to the President of were received by the Senate and appeared in from the President of the United the United States the following en- the Congressional Record on July 14, 2008. States, together with accompanying rolled bills: Navy nomination of Capt. Cynthia A. Covell, to be Rear Admiral (lower half). papers; which was referred to the Com- S. 231. An act to authorize the Edward mittee on Foreign Relations: Navy nomination of Capt. Elizabeth S. Byrne Memorial Justice Assistance Grant Niemyer, to be Rear Admiral (lower half). To the Congress of the United States: Program at fiscal year 2006 levels through Navy nomination of Rear Adm. (lh) Robert 2012. S. Harward, Jr., to be Vice Admiral. In accordance with the provisions of S. 2607. An act to make a technical correc- section 1512 of the Strom Thurmond Navy nomination of Rear Adm. Bruce E. tion to section 3009 of the Deficit Reduction MacDonald, to be Vice Admiral. National Defense Authorization Act for Act of 2005. Fiscal Year 1999 (Public Law 105–261), I S. 3145. An act to designate a portion of Mr. LEVIN. Mr. President, for the hereby certify that the export of 22 United States Route 20A, located in Orchard Committee on Armed Services I report accelerometers for incorporation into Park, New York, as the ‘‘Timothy J. Russert favorably the following nomination railway geometry measurement sys- Highway.’’ lists which were printed in the RECORD tems and one 20-inch fluid energy mill S. 3218. An act to extend the pilot program on the dates indicated, and ask unani- for volunteer groups to obtain criminal his- mous consent, to save the expense of for production of nutritional supple- tory background checks. ments is not detrimental to the United reprinting on the Executive Calendar States space launch industry, and that f that these nominations lie at the Sec- the material and equipment, including REPORTS OF COMMITTEES retary’s desk for the information of any indirect technical benefit that Senators. The following reports of committees The PRESIDING OFFICER. Without could be derived from such exports, were submitted: will not measurably improve the mis- objection, it is so ordered. sile or space launch capabilities of the By Mr. JOHNSON, from the Committee on Air Force nomination of Frank J. Hale, to Appropriations, without amendment: People’s Republic of China. be Colonel. S. 3301. An original bill making appropria- Air Force nomination of Douglas K. Dun- GEORGE W. BUSH. tions for military construction, the Depart- bar, to be Colonel. THE WHITE HOUSE, July 22, 2008. ment of Veterans Affairs, and related agen- Air Force nomination of Tamera A. f cies for the fiscal year ending September 30, Herzog, to be Lieutenant Colonel. 2009, and for other purposes (Rept. No. 110– MESSAGE FROM THE HOUSE Air Force nominations beginning with Keri 428). L. Azuar and ending with Pamela P. By Mr. INOUYE, from the Committee on Warddemo, which nominations were received Commerce, Science, and Transportation, by the Senate and appeared in the Congres- ENROLLED BILLS SIGNED with an amendment in the nature of a sub- sional Record on June 26, 2008. The President pro tempore (Mr. stitute: Army nominations beginning with Ken- S. 2657. A bill to require the Secretary of BYRD) reported that he had signed the neth L. Beale, Jr. and ending with Thomas Commerce to prescribe regulations to reduce following enrolled bills, which were H. Brouillard, which nominations were re- the incidence of vessels colliding with North ceived by the Senate and appeared in the previously signed by the Speaker of the Atlantic right whales by limiting the speed Congressional Record on June 19, 2008. House: of vessels, and for other purposes (Rept. No. Army nominations beginning with Lenard H.R. 3564. An act to amend title 5, United 110–429). M. Kerr and ending with Masaki G. Kuwana, States Code, to authorize appropriations for f Jr., which nominations were received by the the Administrative Conference of the United Senate and appeared in the Congressional States through fiscal year 2011, and for other EXECUTIVE REPORTS OF Record on June 19, 2008. purposes. COMMITTEES Army nominations beginning with Ralf C. H.R. 3985. An act to amend title 49, United Beilhardt and ending with Richard L. Wil- States Code, to direct the Secretary of The following executive reports of liams, which nominations were received by Transportation to register a person pro- nominations were submitted: the Senate and appeared in the Congres- viding transportation by an over-the-road By Mr. LEVIN for the Committee on sional Record on June 19, 2008. bus as a motor carrier of passengers only if Armed Services. Army nominations beginning with Michael the person is willing and able to comply with Air Force nomination of Maj. Gen. Jeffrey P. Abel and ending with Johnnie Wright, Jr., certain accessability requirements in addi- A. Remington, to be Lieutenant General. which nominations were received by the Sen- tion to other existing requirements, and for Air Force nomination of Maj. Gen. Jack L. ate and appeared in the Congressional other purposes. Rives, to be Lieutenant General. Record on June 19, 2008.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7030 CONGRESSIONAL RECORD — SENATE July 22, 2008 Army nomination of John D. Muther, to be incidental to the normal operation of ves- SUBMISSION OF CONCURRENT AND Colonel. sels; considered and passed. SENATE RESOLUTIONS Army nominations beginning with Stephen By Mr. ENSIGN (for himself and Mr. L. Aki and ending with D060701, which nomi- BROWN): The following concurrent resolutions nations were received by the Senate and ap- S. 3299. A bill to amend title 38, United and Senate resolutions were read, and peared in the Congressional Record on July States Code, to extend the demonstration referred (or acted upon), as indicated: 14, 2008. project on adjustable rate mortgages and the By Mr. BROWN: Army nominations beginning with Earl E. demonstration project on hybrid adjustable S. Res. 617. A resolution honoring the life Abonadi and ending with X0007, which nomi- rate mortgages; to the Committee on Vet- and recognizing the accomplishments of Eric nations were received by the Senate and ap- erans’ Affairs. Nord, co-founder of the Nordson Corporation, peared in the Congressional Record on July By Mr. GRASSLEY: innovative businessman and engineer, and 14, 2008. S. 3300. A bill to amend title XVIII of the generous Ohio philanthropist; to the Com- Army nominations beginning with Jeffrey Social Security Act to provide for temporary mittee on the Judiciary. W. Abbott and ending with D060688, which improvements to the Medicare inpatient hos- By Mr. LUGAR (for himself and Mr. nominations were received by the Senate and pital payment adjustment for low-volume BIDEN): appeared in the Congressional Record on hospitals and to provide for the use of the S. Res. 618. A resolution recognizing the July 14, 2008. non-wage adjusted PPS rate under the Medi- tenth anniversary of the bombings of the Marine Corps nomination of Bryan K. care-dependent hospital (MDH) program, and United States embassies in Nairobi, Kenya Wood, to be Lieutenant Colonel. for other purposes; to the Committee on Fi- and Dar es Salaam, Tanzania, and memori- Navy nominations beginning with David R. nance. alizing the citizens of the United States, Brown and ending with Timothy R. White, By Mr. JOHNSON: Kenya, and Tanzania whose lives were which nominations were received by the Sen- S. 3301. An original bill making appropria- claimed as a result of the al Qaeda led ter- ate and appeared in the Congressional tions for military construction, the Depart- rorist attacks; to the Committee on Foreign Record on June 19, 2008. ment of Veterans Affairs, and related agen- Relations. Navy nominations beginning with Bradley cies for the fiscal year ending September 30, By Mr. SESSIONS (for himself and Mr. A. Appleman and ending with Florencio J. 2009, and for other purposes; from the Com- COLEMAN): Yuzon, which nominations were received by mittee on Appropriations; placed on the cal- S. Res. 619. A resolution expressing support the Senate and appeared in the Congres- endar. for a constructive dialogue on human rights sional Record on June 19, 2008. By Mr. BARRASSO (for himself, Mr. issues between the United States and Bah- Navy nominations beginning with Sue A. SALAZAR, Mr. SMITH, Mr. JOHNSON, rain; to the Committee on Foreign Rela- Adamson and ending with Julie L. Working, and Mr. DOMENICI): tions. which nominations were received by the Sen- S. 3302. A bill to authorize the Secretary of By Mr. BROWN (for himself, Mr. LEVIN, ate and appeared in the Congressional Agriculture and the Secretary of the Interior Mr. KENNEDY, and Mr. OBAMA): Record on June 19, 2008. to enter into cooperative agreements with S. Con. Res. 94. A concurrent resolution Navy nominations beginning with Mark R. State foresters authorizing State foresters to recognizing the 60th anniversary of the inte- Boone and ending with John C. Williams, provide certain forest, rangeland, and water- gration of the United States Armed Forces; which nominations were received by the Sen- shed restoration and protection services; to considered and agreed to. ate and appeared in the Congressional the Committee on Energy and Natural Re- f Record on June 19, 2008. sources. Navy nominations beginning with Chris- By Mr. BROWNBACK (for himself, Mr. ADDITIONAL COSPONSORS topher G. Adams and ending with Nicolas D. SALAZAR, Ms. COLLINS, Mr. LIEBER- S. 400 I. Yamodis, which nominations were received MAN, and Mr. THUNE): At the request of Mr. SUNUNU, the by the Senate and appeared in the Congres- S. 3303. A bill to require automobile manu- sional Record on June 19, 2008. facturers to ensure that not less than 80 per- name of the Senator from Rhode Island Navy nominations beginning with Alan L. cent of the automobiles manufactured or (Mr. REED) was added as a cosponsor of Adams and ending with Georges E. Younes, sold in the United States by each manufac- S. 400, a bill to amend the Employee which nominations were received by the Sen- turer to operate on fuel mixtures containing Retirement Income Security Act of ate and appeared in the Congressional 85 percent ethanol, 85 percent methanol, or 1974 and the Internal Revenue Code of Record on June 19, 2008. biodiesel; to the Committee on Commerce, 1986 to ensure that dependent students Navy nominations beginning with Craig L. Science, and Transportation. who take a medically necessary leave Abraham and ending with Christopher M. By Mrs. FEINSTEIN (for herself and of absence do not lose health insurance Wise, which nominations were received by Mrs. BOXER): the Senate and appeared in the Congres- S. 3304. A bill to designate the North Pali- coverage, and for other purposes. sional Record on June 19, 2008. sade in the Sierra Nevada in the State of S. 626 Navy nominations beginning with Calliope California as ‘‘Brower Palisade’’ in honor of At the request of Mr. BINGAMAN, his E. Allen and ending with Patrick E. Young, the late David Brower; to the Committee on name was added as a cosponsor of S. which nominations were received by the Sen- Energy and Natural Resources. 626, a bill to amend the Public Health ate and appeared in the Congressional By Mr. CHAMBLISS (for himself and Service Act to provide for arthritis re- Record on June 19, 2008. Mr. ISAKSON): search and public health, and for other f S. 3305. A bill to authorize the Secretary of the Army to establish, modify, charge, and purposes. INTRODUCTION OF BILLS AND collect recreation fees with respect to land S. 972 JOINT RESOLUTIONS and water administered by the Corps of Engi- At the request of Mr. LAUTENBERG, The following bills and joint resolu- neers; to the Committee on Environment and the name of the Senator from New Public Works. Mexico (Mr. BINGAMAN) was added as a tions were introduced, read the first By Mr. MENENDEZ: and second times by unanimous con- cosponsor of S. 972, a bill to provide for S. 3306. A bill to ban the exportation of the reduction of adolescent pregnancy, sent, and referred as indicated: crude oil produced on Federal land, and for HIV rates, and other sexually trans- By Mr. REID (for himself, Mr. LEAHY, other purposes; to the Committee on Energy Mr. LIEBERMAN, Mrs. FEINSTEIN, Mr. and Natural Resources. mitted diseases, and for other purposes. INOUYE, Mr. KENNEDY, Mrs. BOXER, By Mrs. CLINTON (for herself and Mr. S. 1232 and Mr. BIDEN): SCHUMER): At the request of Mr. DODD, the name S. 3297. A bill to advance America’s prior- S. 3307. A bill to provide veterans with in- of the Senator from Georgia (Mr. ities; read the first time. dividualized notice about available benefits, CHAMBLISS) was added as a cosponsor of By Ms. MURKOWSKI (for herself, Mr. to streamline application processes for the S. 1232, a bill to direct the Secretary of STEVENS, Mr. NELSON of Florida, Mrs. benefits, and for other purposes; to the Com- MURRAY, Ms. LANDRIEU, Mr. WHITE- mittee on Veterans’ Affairs. Health and Human Services, in con- HOUSE, Mr. MARTINEZ, Ms. SNOWE, Mr. By Mrs. FEINSTEIN (for herself, Mr. sultation with the Secretary of Edu- KERRY, Mrs. DOLE, Mr. ISAKSON, Mr. KERRY, Mr. REID, Mr. OBAMA, Mr. cation, to develop a voluntary policy VITTER, Mr. CHAMBLISS, Mr. WICKER, SCHUMER, Mr. LEAHY, Mrs. CLINTON, for managing the risk of food allergy Ms. CANTWELL, and Ms. COLLINS): Mrs. MURRAY, and Mr. WYDEN): and anaphylaxis in schools, to estab- S. 3298. A bill to clarify the circumstances S. 3308. A bill to require the Secretary of lish school-based food allergy manage- during which the Administrator of the Envi- Veterans Affairs to permit facilities of the ment grants, and for other purposes. ronmental Protection Agency and applicable Department of Veterans Affairs to be des- States may require permits for discharges ignated as voter registration agencies, and S. 1492 from certain vessels, and to require the Ad- for other purposes; to the Committee on At the request of Mr. INOUYE, the ministrator to conduct a study of discharges Rules and Administration. name of the Senator from Ohio (Mr.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7031 BROWN) was added as a cosponsor of S. (Mr. ENZI) and the Senator from Or- treated as adjudicated mentally incom- 1492, a bill to improve the quality of egon (Mr. SMITH) were added as cospon- petent for certain purposes. federal and state data regarding the sors of S. 2681, a bill to require the S. 3224 availability and quality of broadband issuance of medals to recognize the At the request of Mr. SANDERS, the services and to promote the deploy- dedication and valor of Native Amer- name of the Senator from New Jersey ment of affordable broadband services ican code talkers. (Mr. LAUTENBERG) was added as a co- to all parts of the Nation. S. 2766 sponsor of S. 3224, a bill to increase the S. 1603 At the request of Mr. NELSON of Flor- quantity of solar photovoltaic elec- At the request of Mr. MENENDEZ, the ida, the name of the Senator from tricity by providing rebates for the name of the Senator from South Da- Washington (Ms. CANTWELL) was added purchase and installation of an addi- kota (Mr. JOHNSON) was added as a co- as a cosponsor of S. 2766, a bill to tional 10,000,000 photovoltaic systems sponsor of S. 1603, a bill to authorize amend the Federal Water Pollution by 2018. Congress to award a gold medal to Control Act to address certain dis- S. 3252 Jerry Lewis, in recognition of his out- charges incidental to the normal oper- At the request of Mr. DODD, the name standing service to the Nation. ation of a recreational vessel. of the Senator from Illinois (Mr. DUR- S. 1846 S. 2836 BIN) was added as a cosponsor of S. 3252, At the request of Mr. BOND, the name At the request of Mr. CHAMBLISS, the a bill to amend the Consumer Credit of the Senator from Alaska (Ms. MUR- name of the Senator from Massachu- Protection Act, to ban abusive credit KOWSKI) was added as a cosponsor of S. practices, enhance consumer disclo- 1846, a bill to improve defense coopera- setts (Mr. KENNEDY) was added as a co- sponsor of S. 2836, a bill to amend title sures, protect underage consumers, and tion between the Republic of Korea and for other purposes. the United States. 10, United States Code, to include serv- ice after September 11, 2001, as service S. 3263 S. 1954 qualifying for the determination of a At the request of Mr. BIDEN, the At the request of Mr. BAUCUS, the names of the Senator from Illinois (Mr. name of the Senator from Vermont reduced eligibility age for receipt of non-regular service retired pay. OBAMA), the Senator from Nebraska (Mr. SANDERS) was added as a cospon- (Mr. HAGEL), the Senator from Massa- sor of S. 1954, a bill to amend title S. 2844 chusetts (Mr. KERRY), the Senator from XVIII of the Social Security Act to im- At the request of Mr. LAUTENBERG, Pennsylvania (Mr. CASEY), the Senator prove access to pharmacies under part the names of the Senator from New from California (Mrs. BOXER), the Sen- D. York (Mrs. CLINTON) and the Senator ator from Illinois (Mr. DURBIN) and the S. 2080 from Ohio (Mr. BROWN) were added as Senator from Delaware (Mr. CARPER) At the request of Mr. LAUTENBERG, cosponsors of S. 2844, a bill to amend the Federal Water Pollution Control were added as cosponsors of S. 3263, a the name of the Senator from New bill to authorize appropriations for fis- York (Mrs. CLINTON) was added as a co- Act to modify provisions relating to beach monitoring, and for other pur- cal years 2009 through 2013 to promote sponsor of S. 2080, a bill to amend the an enhanced strategic partnership with Federal Water Pollution Control Act to poses. Pakistan and its people, and for other ensure that sewage treatment plants S. 2919 purposes. monitor for and report discharges of At the request of Mr. JOHNSON, his S. 3268 raw sewage, and for other purposes. name was added as a cosponsor of S. At the request of Mr. REID, the name S. 2314 2919, a bill to promote the accurate of the Senator from Connecticut (Mr. At the request of Mr. SALAZAR, the transmission of network traffic identi- DODD) was added as a cosponsor of S. name of the Senator from North Da- fication information. 3268, a bill to amend the Commodity kota (Mr. CONRAD) was added as a co- At the request of Mr. STEVENS, the Exchange Act, to prevent excessive sponsor of S. 2314, a bill to amend the name of the Senator from Wisconsin price speculation with respect to en- Internal Revenue Code of 1986 to make (Mr. FEINGOLD) was added as a cospon- ergy commodities, and for other pur- geothermal heat pump systems eligible sor of S. 2919, supra. poses. for the energy credit and the residen- S. 2920 S.J. RES. 43 tial energy efficient property credit, At the request of Mr. KERRY, the and for other purposes. At the request of Mr. WICKER, the name of the Senator from Michigan name of the Senator from North Caro- S. 2579 (Ms. STABENOW) was added as a cospon- lina (Mrs. DOLE) was added as a cospon- At the request of Mr. INOUYE, the sor of S. 2920, a bill to reauthorize and names of the Senator from Indiana sor of S.J. Res. 43, a joint resolution improve the financing and entrepre- proposing an amendment to the Con- (Mr. LUGAR), the Senator from Ken- neurial development programs of the tucky (Mr. MCCONNELL), the Senator stitution of the United States relating Small Business Administration, and for to marriage. from Wisconsin (Mr. KOHL) and the other purposes. Senator from New Hampshire (Mr. S.J. RES. 44 S. 3080 SUNUNU) were added as cosponsors of S. At the request of Mr. ROCKEFELLER, At the request of Mrs. FEINSTEIN, the 2579, a bill to require the Secretary of the names of the Senator from Cali- name of the Senator from Virginia (Mr. the Treasury to mint coins in recogni- fornia (Mrs. FEINSTEIN) and the Sen- WEBB) was added as a cosponsor of S. tion and celebration of the establish- ator from Pennsylvania (Mr. SPECTER) 3080, a bill to ensure parity between the ment of the United States Army in were added as cosponsors of S.J. Res. 1775, to honor the American soldier of temporary duty imposed on ethanol 44, a joint resolution providing for con- both today and yesterday, in wartime and tax credits provided on ethanol. gressional disapproval under chapter 8 and in peace, and to commemorate the S. 3164 of title 5, United States Code, of the traditions, history, and heritage of the At the request of Mr. CORNYN, the rule set forth as requirements con- United States Army and its role in name of the Senator from Louisiana tained in the August 17, 2007, letter to American society, from the colonial (Mr. VITTER) was added as a cosponsor State Health Officials from the Direc- period to today. of S. 3164, a bill to amend tile XVIII of tor of the Center for Medicaid and S. 2599 the Social Security Act to reduce fraud State Operations in the Centers for At the request of Mr. CORKER, the under the Medicare program. Medicare & Medicaid Services and the name of the Senator from Alaska (Mr. S. 3167 State Health Official Letter 08-003, STEVENS) was added as a cosponsor of At the request of Mr. BURR, the name dated May 7, 2008, from such Center. S. 2599, a bill to provide enhanced edu- of the Senator from Colorado (Mr. S. CON. RES. 82 cation and employment opportunities ALLARD) was added as a cosponsor of S. At the request of Mr. JOHNSON, his for military spouses. 3167, a bill to amend title 38, United name was added as a cosponsor of S. S. 2681 States Code, to clarify the conditions Con. Res. 82, a concurrent resolution At the request of Mr. INHOFE, the under which veterans, their surviving supporting the Local Radio Freedom names of the Senator from Wyoming spouses, and their children may be Act.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7032 CONGRESSIONAL RECORD — SENATE July 22, 2008 S. RES. 331 But, instead of allowing the will of Subtitle B—Christoper and Dana Reeve At the request of Mr. MENENDEZ, the the Congress and the American people Paralysis Act name of the Senator from Maryland to be heard, Republicans have ob- Sec. 1101. Short title. (Ms. MIKULSKI) was added as a cospon- structed one bill after another. Here PART I—PARALYSIS RESEARCH sor of S. Res. 331, a resolution express- are just a few examples of the legisla- Sec. 1111. Expansion and coordination of ac- ing the sense of the Senate that Tur- tion that this bill includes—and that tivities of the National Insti- key should end its military occupation Republicans are preventing from be- tutes of Health with respect to of the Republic of Cyprus, particularly coming law: research on paralysis. because Turkey’s pretext has been re- The Emmitt Till Unsolved Crimes PART II—PARALYSIS REHABILITATION futed by over 13,000,000 crossings of the bill: Would help heal old wounds and RESEARCH AND CARE divide by Turkish-Cypriots and Greek solve crimes that have continued to be Sec. 1121. Expansion and coordination of ac- Cypriots into each other’s communities unsolved and unpunished since the tivities of the National Insti- without incident. Civil Rights era. tutes of Health with respect to research with implications for S. RES. 580 The Runaway and Homeless Youth bill: Would provide grants for health enhancing daily function for At the request of Mr. BAYH, the persons with paralysis. names of the Senator from Colorado care, education and workforce pro- grams, and housing programs for run- PART III—IMPROVING QUALITY OF LIFE FOR (Mr. SALAZAR), the Senator from Mis- PERSONS WITH PARALYSIS AND OTHER PHYS- souri (Mr. BOND) and the Senator from aways and homeless youth. ICAL DISABILITIES The Combating Child Exploitation Oklahoma (Mr. INHOFE) were added as bill: Would provide grants to train law Sec. 1131. Programs to improve quality of cosponsors of S. Res. 580, a resolution life for persons with paralysis expressing the sense of the Senate on enforcement to use technology to track and other physical disabilities. individuals who trade child pornog- preventing Iran from acquiring a nu- Subtitle C—Stroke Treatment and Ongoing clear weapons capability. raphy. Establishes an Internet Crimes Prevention Act Against Children Task Force within AMENDMENT NO. 4979 Sec. 1201. Short title. the Office of Justice Programs. Sec. 1202. Amendments to Public Health At the request of Mr. NELSON of Flor- The ALS Registry bill: WouId create ida, the name of the Senator from Mas- Service Act regarding stroke a centralized database to help doctors programs. sachusetts (Mr. KENNEDY) was added as and scientists treat and hopefully find Sec. 1203. Pilot project on telehealth stroke a cosponsor of amendment No. 4979 in- a cure for ALS/Lou Gehrig’s Disease, treatment. tended to be proposed to S. 3001, an which afflicts 5,600 Americans every Sec. 1204. Rule of construction. original bill to authorize appropria- year. Subtitle D—Melanie Blocker Stokes tions for fiscal year 2009 for military The Christopher and Dana Reeve Pa- MOTHERS Act activities of the Department of De- ralysis Act: Would enhance cooperation Sec. 1301. Short title. fense, for military construction, and in research, rehabilitation and quality PART I—RESEARCH ON POSTPARTUM for defense activities of the Depart- of life for people who suffer from paral- CONDITIONS ment of Energy, to prescribe military ysis. Not only will this bill accelerate Sec. 1311. Expansion and intensification of personnel strengths for such fiscal the discovery of better treatments and activities. year, and for other purposes. cures, but help improve the daily lives Sec. 1312. Sense of Congress regarding longi- f of the 2 million Americans who await a tudinal study of relative men- tal health consequences for STATEMENTS ON INTRODUCED cure. This is just the tip of the iceberg. women of resolving a preg- BILLS AND JOINT RESOLUTIONS nancy. These bills address important Amer- By Mr. REID (for himself, Mr. ican priorities, have broad—virtually PART II—DELIVERY OF SERVICES REGARDING POSTPARTUM CONDITIONS LEAHY, Mr. LIEBERMAN, Mrs. unanimous—bipartisan support, yet, FEINSTEIN, Mr. INOUYE, Mr. all have fallen victim to just one or Sec. 1321. Establishment of program of grants. KENNEDY, Mrs. BOXER, and Mr. two Republicans. Sec. 1322. Certain requirements. BIDEN): Senate Democrats are not willing to Sec. 1323. Technical assistance. S. 3297. A bill to advance America’s allow this obstruction of a few to block PART III—GENERAL PROVISIONS priorities; read the first time. the will of the Congress and the Amer- Mr. REID. Mr. President, today I am Sec. 1331. Authorization of appropriations. ican people any longer. Republicans Sec. 1332. Report by the Secretary. introducing along with Senators will have a choice: Will they join the Sec. 1333. Limitation. LEAHY, LIEBERMAN, FEINSTEIN, INOUYE, side of the American people, or con- Subtitle E—Vision Care for Kids Act of 2008 KENNEDY, BOXER, and BIDEN, an impor- tinue to stand beside one or two col- Sec. 1401. Short title. tant bill, with provisions in a variety leagues intent on blocking progress? I Sec. 1402. Findings. of areas—from advancing medical re- hope Republicans will end their ob- Sec. 1403. Grants regarding vision care for search in critical areas, to cracking struction and work with Democrats children. down on child exploitation, to pro- this week to pass this crucial and long- Subtitle F—Prenatally and Postnatally moting important U.S. foreign policy overdue legislation. Diagnosed Conditions Awareness Act goals, to helping improve America’s Mr. President, I ask unanimous con- Sec. 1501. Short title. understanding about the oceans. What sent that the text of the bill be printed Sec. 1502. Purposes. unites this diverse package of bills? in the RECORD. Sec. 1503. Amendment to the Public Health One thing—unprecedented obstruc- There being no objection, the text of Service Act. tionism. the bill was ordered to be placed in the TITLE II—JUDICIARY PROVISIONS The bills in this package include ini- RECORD, as follows: Subtitle A—Reconnecting Homeless Youth tiatives that have broad bipartisan S. 3297 Act of 2008 support. Initiatives that have passed Be it enacted by the Senate and House of Rep- Sec. 2101. Short title. the House by 411 to 3; by 422 to 2; by 416 resentatives of the United States of America in Sec. 2102. Findings. to 0. Many of these initiatives had such Congress assembled, Sec. 2103. Basic center program. Sec. 2104. Transitional living grant program. SECTION 1. SHORT TITLE. strong bipartisan support that they Sec. 2105. Grants for research evaluation, (a) SHORT TITLE.—This Act may be cited as passed the House and Senate Com- demonstration, and service the ‘‘Advancing America’s Priorities Act’’. mittee by voice vote or even by unani- projects. (b) TABLE OF CONTENTS.—The table of con- mous consent. tents for this Act is as follows: Sec. 2106. Coordinating, training, research, Under normal circumstances, they and other activities. Sec. 1. Short title. would have passed the Senate through Sec. 2107. Sexual abuse prevention program. TITLE I—HEALTHCARE PROVISIONS a simplified and expedited unanimous Sec. 2108. National homeless youth aware- Subtitle A—ALS Registry Act consent process and become law. ness campaign. Sec. 1001. Short title. Sec. 2109. Conforming amendments. Maybe some would have required a pe- Sec. 1002. Amendment to the Public Health Sec. 2110. Performance standards. riod of brief debate before passing the Service Act. Sec. 2111. Government Accountability Office Senate. Sec. 1003. Report on registries. study and report.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0655 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7033 Sec. 2112. Definitions. Sec. 2832. Amendment to section 2256 of title Sec. 4104. Authority to provide assistance Sec. 2113. Authorization of appropriations. 18, United States Code. for reconstruction and sta- Subtitle B—Emmett Till Unsolved Civil Sec. 2833. Amendment to section 2260 of title bilization crises. Rights Crimes Act of 2007 18, United States Code. Sec. 4105. Reconstruction and stabilization. Sec. 2834. Prohibiting the adaptation or Sec. 4106. Authorities related to personnel. Sec. 2201. Short title. modification of an image of an Sec. 4107. Reconstruction and stabilization Sec. 2202. Sense of Congress. strategy. Sec. 2203. Deputy Chief of the Criminal Sec- identifiable minor to produce Sec. 4108. Annual reports to Congress. tion of the Civil Rights Divi- child pornography. sion. PART IV—NATIONAL INSTITUTE OF JUSTICE Subtitle C—Overseas Private Investment Sec. 2204. Supervisory Special Agent in the STUDY OF RISK FACTORS Corporation Reauthorization of Act of 2008 Civil Rights Unit of the Federal Sec. 2841. NIJ study of risk factors for as- Sec. 4201. Short title. Bureau of Investigation. sessing dangerousness. Sec. 4202. Reauthorization of OPIC pro- Sec. 2205. Grants to State and local law en- TITLE III—ENVIRONMENT AND PUBLIC grams. forcement. WORKS PROVSIONS Sec. 4203. Requirements regarding inter- Sec. 2206. Authorization of appropriations. nationally recognized worker Subtitle A—Captive Primate Safety Act Sec. 2207. Definition of criminal civil rights rights. statutes. Sec. 3001. Short title. Sec. 4204. Preferential consideration of cer- Sec. 2208. Sunset. Sec. 3002. Addition of nonhuman primates to tain investment projects. Sec. 2209. Authority of Inspectors General. definition of prohibited wildlife Sec. 4205. Climate change mitigation action Subtitle C—Mentally Ill Offender Treatment species. plan. and Crime Reduction Reauthorization and Sec. 3003. Captive wildlife amendments. Sec. 4206. Increased transparency. Sec. 3004. Applicability provision amend- Improvement Act of 2008 Sec. 4207. Transparency and accountability ment. of investment funds. Sec. 2301. Short title. Sec. 3005. Regulations. Sec. 4208. Prohibition on assistance to de- Sec. 2302. Findings. Sec. 3006. Authorization of appropriations velop or promote certain rail- Sec. 2303. Reauthorization of the Adult and for additional law enforcement way connections and railway- Juvenile Collaboration Pro- personnel. related connections. gram Grants. Sec. 4209. Ineligibility of persons doing cer- Sec. 2304. Law enforcement response to men- Subtitle B—Chesapeake Bay Gateways and tain business with state spon- tally ill offenders improvement Watertrails Network Continuing Author- sors of terrorism. grants. ization Act Sec. 4210. Congressional notification regard- Sec. 2305. Improving the mental health Sec. 3011. Short title. ing maximum contingent liabil- courts grant program. Sec. 3012. Authorization of appropriations. ity. Sec. 2306. Examination and report on preva- Subtitle C—Beach Protection Act of 2008 Sec. 4211. Extension of authority to operate lence of mentally ill offenders. Sec. 3021. Short title. in Iraq. Subtitle D—Effective Child Pornography Sec. 3022. Beachwater pollution source iden- Sec. 4212. Low-income housing. Prosecution Act of 2007 tification and prevention. Sec. 4213. Assistance for small businesses Sec. 7401. Short title. Sec. 3023. Funding for Beaches Environ- and entities. Sec. 7402. Findings. mental Assessment and Coastal Sec. 4214. Technical corrections. Sec. 7403. Clarifying ban of child pornog- Health Act. Subtitle D—Tropical Forest and Coral raphy. Sec. 3024. State reports. Conservation Reauthorization Act of 2008 Subtitle E—Enhancing the Effective Sec. 3025. Use of rapid testing methods. Sec. 3026. Prompt communication with Sec. 4301. Short title. Prosecution of Child Pornography Act of 2007 State environmental agencies. Sec. 4302. Amendment to short title of Act Sec. 2501. Short title. Sec. 3027. Content of State and local pro- to encompass expanded scope. Sec. 2502. Money laundering predicate. grams. Sec. 4303. Expansion of scope of act to pro- Sec. 2503. Knowingly accessing child pornog- Sec. 3028. Compliance review. tect forests and coral reefs. raphy with the intent to view Sec. 3029. Study of grant distribution for- Sec. 4304. Change to name of facility. child pornography. mula. Sec. 4305. Eligibility for benefits. Sec. 4306. United States Government rep- Subtitle F—Drug Endangered Children Act Subtitle D—Appalachian Regional of 2007 resentation on oversight bodies Development Act Amendments of 2008 for grants from debt-for-nature Sec. 2601. Short title. Sec. 3031. Short title. swaps and debt-buybacks. Sec. 2602. Drug-endangered children grant Sec. 3032. Limitation on available amounts; Sec. 4307. Conservation agreements. program extended. maximum commission con- Sec. 4308. Conservation Fund. Subtitle G—Star-Spangled Banner and War tribution. Sec. 4309. Repeal of authority of the enter- of 1812 Bicentennial Commission Act Sec. 3033. Economic and energy development prise for The Americas Board to Sec. 2701. Short title. initiative. carry out activities under the Sec. 2702. Star-Spangled Banner and War of Sec. 3034. Distressed, at-risk, and economi- Forest and Coral Conservation 1812 Bicentennial Commission. cally strong counties. Act of 2008. Subtitle H—PROTECT Our Children Act of Sec. 3035. Authorization of appropriations. Sec. 4310. Changes to due dates of annual re- Sec. 3036. Termination. 2008 ports to Congress. Sec. 3037. Additions to Appalachian region. Sec. 4311. Changes to International Mone- Sec. 2801. Short title. TITLE IV—FOREIGN RELATIONS tary Fund criterion for country Sec. 2802. Definitions. PROVISIONS eligibility. PART I—NATIONAL STRATEGY FOR CHILD Subtitle A—Senator Paul Simon Study Sec. 4312. New authorization of appropria- EXPLOITATION PREVENTION AND INTERDICTION Abroad Foundation Act of 2008 tions for the reduction of debt Sec. 2811. Establishment of National Strat- and authorization for audit, Sec. 4001. Short title. egy for Child Exploitation Pre- evaluation, monitoring, and ad- Sec. 4002. Findings. vention and Interdiction. ministration expenses. Sec. 4003. Purposes. Sec. 2812. Establishment of National ICAC Sec. 4004. Definitions. Subtitle E—Torture Victims Relief Task Force Program. Sec. 4005. Establishment and management of Reauthorization Act of 2008 Sec. 2813. Purpose of ICAC task forces. the Senator Paul Simon Study Sec. 4401. Short title. Sec. 2814. Duties and functions of task Abroad Foundation. Sec. 4402. Authorization of appropriations forces. Sec. 4006. Establishment and operation of for domestic treatment centers Sec. 2815. National Internet Crimes Against program. for victims of torture. Children Data System. Sec. 4007. Annual report. Sec. 4403. Authorization of appropriations Sec. 2816. ICAC grant program. Sec. 4008. Powers of the Foundation; related for foreign treatment centers Sec. 2817. Authorization of appropriations. provisions. for victims of torture. PART II—ADDITIONAL MEASURES TO COMBAT Sec. 4009. General personnel authorities. Sec. 4404. Authorization of appropriations CHILD EXPLOITATION Sec. 4010. GAO review. for the United States contribu- Sec. 2821. Additional regional computer fo- Sec. 4011. Authorization of appropriations. tion to the United Nations vol- rensic labs. Subtitle B—Reconstruction and Stabiliza- untary fund for victims of tor- PART III—EFFECTIVE CHILD PORNOGRAPHY tion Civilian Management Act of 2008 ture. PROSECUTION Sec. 4101. Short title. Subtitle F—Support for the Museum of the Sec. 2831. Prohibit the broadcast of live im- Sec. 4102. Findings. History of Polish Jews Act of 2008 ages of child abuse. Sec. 4103. Definitions. Sec. 4501. Short title.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0655 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7034 CONGRESSIONAL RECORD — SENATE July 22, 2008 Sec. 4502. Findings. Sec. 5247. Extension services by Sea Grant this section as ‘ALS’) and other motor neu- Sec. 4503. Assistance for the Museum of the Colleges and Sea Grant Insti- ron disorders that can be confused with ALS, History of Polish Jews. tutes. misdiagnosed as ALS, and in some cases TITLE V—COMMERCE, SCIENCE, AND Sec. 5248. Fellowships. progress to ALS, including information with TRANSPORTATION PROVISIONS Sec. 5249. National Sea Grant Advisory respect to the incidence and prevalence of Board. the disease in the United States; and Subtitle A—Communications Sec. 5250. Authorization of appropriations. ‘‘(B) establish a national registry for the PART I—BROADBAND DATA IMPROVEMENT PART V—INTEGRATED COASTAL AND OCEAN collection and storage of such data to de- ACT OBSERVATION SYSTEM ACT OF 2008 velop a population-based registry of cases in Sec. 5101. Short title. the United States of ALS and other motor Sec. 5261. Short title. Sec. 5102. Findings. neuron disorders that can be confused with Sec. 5262. Purposes. Sec. 5103. Improving Federal data on ALS, misdiagnosed as ALS, and in some Sec. 5263. Definitions. broadband. cases progress to ALS. Sec. 5264. Integrated coastal and ocean ob- Sec. 5104. Study on additional broadband ‘‘(2) PURPOSE.—It is the purpose of the reg- serving system. metrics and standards. istry established under paragraph (1)(B) to— Sec. 5265. Interagency financing and agree- Sec. 5105. Study on the impact of broadband ‘‘(A) better describe the incidence and ments. speed and price on small busi- prevalence of ALS in the United States; Sec. 5266. Application with other laws. nesses. ‘‘(B) examine appropriate factors, such as Sec. 5267. Report to Congress. Sec. 5106. Encouraging State initiatives to Sec. 5268. Public-private use policy. environmental and occupational, that may improve broadband. Sec. 5269. Independent cost estimate. be associated with the disease; PART II—TRAINING FOR REALTIME WRITERS Sec. 5270. Intent of Congress. ‘‘(C) better outline key demographic fac- ACT OF 2007 Sec. 5271. Authorization of appropriations. tors (such as age, race or ethnicity, gender, and family history of individuals who are di- Sec. 5111. Short title. PART VI—FEDERAL OCEAN ACIDIFICATION agnosed with the disease) associated with Sec. 5112. Findings. RESEARCH AND MONITORING ACT OF 2008 the disease; Sec. 5113. Authorization of grant program to Sec. 5281. Short title. ‘‘(D) better examine the connection be- promote training and job place- Sec. 5282. Purposes. tween ALS and other motor neuron disorders ment of realtime writers. Sec. 5283. Definitions. that can be confused with ALS, Sec. 5114. Application. Sec. 5284. Interagency subcommittee. misdiagnosed as ALS, and in some cases Sec. 5115. Use of funds. Sec. 5285. Strategic research plan. Sec. 5116. Reports. progress to ALS; and Sec. 5286. NOAA ocean acidification activi- ‘‘(E) other matters as recommended by the Sec. 5117. Authorization of appropriations. ties. Sec. 5118. Sunset. Advisory Committee established under sub- Sec. 5287. NSF ocean acidification activities. section (b). Subtitle B—Oceans Sec. 5288. NASA ocean acidification activi- ‘‘(b) ADVISORY COMMITTEE.— PART I—HYDROGRAPHIC SERVICES ties. ‘‘(1) ESTABLISHMENT.—Not later than 180 IMPROVEMENT ACT AMENDMENTS OF 2008 Sec. 5289. Authorization of appropriations. days after the date of the enactment of this Sec. 5201. Short title. TITLE VI—HOMELAND SECURITY AND section, the Secretary, acting through the Sec. 5202. Definitions. GOVERNMENTAL AFFAIRS PROVISIONS Director of the Centers for Disease Control Sec. 5203. Functions of the Administrator. Subtitle A—National Capital Transportation and Prevention, shall establish a committee Sec. 5204. Hydrographic Services Review Amendments Act of 2008 to be known as the Advisory Committee on Panel. the National ALS Registry (referred to in Sec. 6101. Short title; findings. this section as the ‘Advisory Committee’). Sec. 5205. Authorization of appropriations. Sec. 6102. Authorization for Capital and Pre- Sec. 5206. Authorized NOAA corps strength. The Advisory Committee shall be composed ventive Maintenance projects of not more than 27 members to be appointed PART II—OCEAN EXPLORATION for Washington Metropolitan by the Secretary, acting through the Centers SUBPART A—EXPLORATION Area Transit Authority. for Disease Control and Prevention, of Sec. 5211. Purpose. Subtitle B—Preservation of Records of Ser- which— Sec. 5212. Program established. vitude, Emancipation, and Post-Civil War ‘‘(A) two-thirds of such members shall rep- Sec. 5213. Powers and duties of the Adminis- Reconstruction Act resent governmental agencies— trator. Sec. 6201. Short title. ‘‘(i) including at least one member rep- Sec. 5214. Ocean exploration and undersea Sec. 6202. Establishment of national data- resenting— research technology and infra- base. ‘‘(I) the National Institutes of Health, to structure task force. Sec. 6203. Grants for establishment of State include, upon the recommendation of the Di- Sec. 5215. Ocean Exploration Advisory and local databases. rector of the National Institutes of Health, Board. Sec. 6204. Authorization of appropriations. representatives from the National Institute Sec. 5216. Authorization of appropriations. Subtitle C—Predisaster Hazard Mitigation of Neurological Disorders and Stroke and the SUBPART B—NOAA UNDERSEA RESEARCH Act of 2008 National Institute of Environmental Health PROGRAM ACT OF 2008 Sciences; Sec. 6301. Short title. Sec. 5221. Short title. ‘‘(II) the Department of Veterans Affairs; Sec. 6302. Predisaster hazard mitigation. ‘‘(III) the Agency for Toxic Substances and Sec. 5222. Program established. Sec. 6303. Flood control projects. Disease Registry; and Sec. 5223. Powers of program director. Sec. 6304. Technical and conforming amend- ‘‘(IV) the Centers for Disease Control and Sec. 5224. Administrative structure. ments. Sec. 5225. Research, exploration, education, Prevention; and TITLE VII—RULES AND and technology programs. ‘‘(ii) of which at least one such member ADMINISTRATION PROVISIONS Sec. 5226. Competitiveness. shall be a clinician with expertise on ALS Sec. 5227. Authorization of appropriations. Sec. 7001. Construction of greenhouse facil- and related diseases, an epidemiologist with ity. experience in data registries, a statistician, PART III—OCEAN AND COASTAL MAPPING an ethicist, and a privacy expert (relating to INTEGRATION ACT TITLE I—HEALTHCARE PROVISIONS the privacy regulations under the Health In- Subtitle A—ALS Registry Act Sec. 5231. Short title. surance Portability and Accountability Act Sec. 5232. Establishment of program. SEC. 1001. SHORT TITLE. of 1996); and Sec. 5233. Interagency committee on ocean This subtitle may be cited as the ‘‘ALS ‘‘(B) one-third of such members shall be and coastal mapping. Registry Act’’. public members, including at least one mem- Sec. 5234. Biannual reports. SEC. 1002. AMENDMENT TO THE PUBLIC HEALTH ber representing— Sec. 5235. Plan. SERVICE ACT. ‘‘(i) national and voluntary health associa- Sec. 5236. Effect on other laws. Part P of title III of the Public Health tions; Sec. 5237. Authorization of appropriations. Service Act (42 U.S.C. 280g et seq.) is amend- ‘‘(ii) patients with ALS or their family Sec. 5238. Definitions. ed by adding at the end the following: members; PART IV—NATIONAL SEA GRANT COLLEGE ‘‘SEC. 399R. AMYOTROPHIC LATERAL SCLEROSIS ‘‘(iii) clinicians with expertise on ALS and PROGRAM AMENDMENTS ACT OF 2008 REGISTRY. related diseases; Sec. 5241. Short title. ‘‘(a) ESTABLISHMENT.— ‘‘(iv) epidemiologists with experience in Sec. 5242. References. ‘‘(1) IN GENERAL.—Not later than 1 year data registries; Sec. 5243. Findings and purpose. after the receipt of the report described in ‘‘(v) geneticists or experts in genetics who Sec. 5244. Definitions. subsection (b)(2)(A), the Secretary, acting have experience with the genetics of ALS or Sec. 5245. National Sea Grant College Pro- through the Director of the Centers for Dis- other neurological diseases and gram. ease Control and Prevention, shall— ‘‘(vi) other individuals with an interest in Sec. 5246. Program or project grants and ‘‘(A) develop a system to collect data on developing and maintaining the National contracts. amyotrophic lateral sclerosis (referred to in ALS Registry.

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‘‘(2) DUTIES.—The Advisory Committee United States with experience serving the cilities of a single lead institution, or be shall review information and make rec- population of individuals with ALS and have formed from several cooperating institu- ommendations to the Secretary concerning— demonstrated experience in ALS research, tions, meeting such requirements as may be ‘‘(A) the development and maintenance of care, and patient services. prescribed by the Director. the National ALS Registry; ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (c) PUBLIC INPUT.—The Director may pro- ‘‘(B) the type of information to be col- There are authorized to be appropriated to vide for a mechanism to educate and dis- lected and stored in the Registry; carry out this section, $2,000,000 for fiscal seminate information on the existing and ‘‘(C) the manner in which such data is to year 2009, $25,000,000 for fiscal year 2010, and planned programs and research activities of be collected; $16,000,000 for each of fiscal years 2011 the National Institutes of Health with re- ‘‘(D) the use and availability of such data through 2013.’’. spect to paralysis and through which the Di- including guidelines for such use; and SEC. 1003. REPORT ON REGISTRIES. rector can receive comments from the public ‘‘(E) the collection of information about Not later than 18 months after the date of regarding such programs and activities. diseases and disorders that primarily affect enactment of this Act, the Secretary of PART II—PARALYSIS REHABILITATION motor neurons that are considered essential Health and Human Services shall submit to RESEARCH AND CARE to furthering the study and cure of ALS. the appropriate committees of Congress a re- SEC. 1121. EXPANSION AND COORDINATION OF ‘‘(3) REPORT.—Not later than 270 days after port outlining— ACTIVITIES OF THE NATIONAL IN- the date on which the Advisory Committee is (1) the registries currently under way; STITUTES OF HEALTH WITH RE- established, the Advisory Committee shall (2) future planned registries; SPECT TO RESEARCH WITH IMPLI- submit a report to the Secretary concerning (3) the criteria involved in determining CATIONS FOR ENHANCING DAILY FUNCTION FOR PERSONS WITH PA- the review conducted under paragraph (2) what registries to conduct, defer, or suspend; that contains the recommendations of the RALYSIS. and (a) IN GENERAL.—The Director, pursuant to Advisory Committee with respect to the re- (4) the scope of those registries. sults of such review. the general authority of the Director, may ‘‘(c) GRANTS.—The Secretary, acting The report shall also include a description of make awards of grants to public or private through the Director of the Centers for Dis- the activities the Secretary undertakes to entities to pay all or part of the costs of ease Control and Prevention, may award establish partnerships with research and pa- planning, establishing, improving, and pro- grants to, and enter into contracts and coop- tient advocacy communities to expand reg- viding basic operating support to multi- erative agreements with, public or private istries. center networks of clinical sites that will nonprofit entities for the collection, anal- Subtitle B—Christoper and Dana Reeve collaborate to design clinical rehabilitation ysis, and reporting of data on ALS and other Paralysis Act intervention protocols and measures of out- comes on one or more forms of paralysis that motor neuron disorders that can be confused SEC. 1101. SHORT TITLE. with ALS, misdiagnosed as ALS, and in some result from central nervous system trauma, This subtitle may be cited as the ‘‘Chris- cases progress to ALS after receiving the re- disorders, or stroke, or any combination of topher and Dana Reeve Paralysis Act’’. port under subsection (b)(3). such conditions. ‘‘(d) COORDINATION WITH STATE, LOCAL, AND PART I—PARALYSIS RESEARCH (b) RESEARCH.—Each multicenter clinical FEDERAL REGISTRIES.— SEC. 1111. EXPANSION AND COORDINATION OF trial network may— ‘‘(1) IN GENERAL.—In establishing the Na- ACTIVITIES OF THE NATIONAL IN- (1) focus on areas of key scientific concern, tional ALS Registry under subsection (a), STITUTES OF HEALTH WITH RE- including— the Secretary, acting through the Director SPECT TO RESEARCH ON PARAL- (A) improving functional mobility; of the Centers for Disease Control and Pre- YSIS. (B) promoting behavioral adaptation to vention, shall— (a) COORDINATION.—The Director of the Na- functional losses, especially to prevent sec- ‘‘(A) identify, build upon, expand, and co- tional Institutes of Health (referred to in ondary complications; ordinate among existing data and surveil- this subtitle as the ‘‘Director’’), pursuant to (C) assessing the efficacy and outcomes of lance systems, surveys, registries, and other the general authority of the Director, may medical rehabilitation therapies and prac- Federal public health and environmental in- develop mechanisms to coordinate the paral- tices and assisting technologies; frastructure wherever possible, which may ysis research and rehabilitation activities of (D) developing improved assistive tech- include— the Institutes and Centers of the National nology to improve function and independ- ‘‘(i) any registry pilot projects previously Institutes of Health in order to further ad- ence; and supported by the Centers for Disease Control vance such activities and avoid duplication (E) understanding whole body system re- and Prevention; of activities. sponses to physical impairments, disabil- ‘‘(ii) the Department of Veterans Affairs (b) CHRISTOPHER AND DANA REEVE PARAL- ities, and societal and functional limita- ALS Registry; YSIS RESEARCH CONSORTIA.— tions; and ‘‘(iii) the DNA and Cell Line Repository of (1) IN GENERAL.—The Director may under (2) replicate the findings of network mem- the National Institute of Neurological Dis- subsection (a) make awards of grants to pub- bers for scientific and translation purposes. orders and Stroke Human Genetics Resource lic or private entities to pay all or part of (c) COORDINATION OF CLINICAL TRIALS NET- Center at the National Institutes of Health; the cost of planning, establishing, improv- WORKS; REPORTS.—The Director may, as ap- ‘‘(iv) Agency for Toxic Substances and Dis- ing, and providing basic operating support propriate, provide for the coordination of in- ease Registry studies, including studies con- for consortia in paralysis research. The Di- formation among networks and ensure reg- ducted in Illinois, Missouri, El Paso and San rector shall designate each consortium fund- ular communication between members of the Antonio, Texas, and Massachusetts; ed under grants as a Christopher and Dana networks, and may require the periodic prep- ‘‘(v) State-based ALS registries; Reeve Paralysis Research Consortium. aration of reports on the activities of the ‘‘(vi) the National Vital Statistics System; (2) RESEARCH.—Each consortium under networks and submission of reports to the and paragraph (1)— Director. ‘‘(vii) any other existing or relevant data- (A) may conduct basic, translational and PART III—IMPROVING QUALITY OF LIFE bases that collect or maintain information clinical paralysis research; FOR PERSONS WITH PARALYSIS AND on those motor neuron diseases rec- (B) may focus on advancing treatments OTHER PHYSICAL DISABILITIES and developing therapies in paralysis re- ommended by the Advisory Committee es- SEC. 1131. PROGRAMS TO IMPROVE QUALITY OF tablished in subsection (b); and search; LIFE FOR PERSONS WITH PARALYSIS ‘‘(B) provide for research access to ALS (C) may focus on one or more forms of pa- AND OTHER PHYSICAL DISABIL- data as recommended by the Advisory Com- ralysis that result from central nervous sys- ITIES. mittee established in subsection (b) to the tem trauma or stroke; (a) IN GENERAL.—The Secretary of Health extent permitted by applicable statutes and (D) may facilitate and enhance the dis- and Human Services (in this part referred to regulations and in a manner that protects semination of clinical and scientific findings; as the ‘‘Secretary’’) may study the unique personal privacy consistent with applicable and health challenges associated with paralysis privacy statutes and regulations. (E) may replicate the findings of consortia and other physical disabilities and carry out ‘‘(2) COORDINATION WITH NIH AND DEPART- members or other researchers for scientific projects and interventions to improve the MENT OF VETERANS AFFAIRS.—Consistent with and translational purposes. quality of life and long-term health status of applicable privacy statutes and regulations, (3) COORDINATION OF CONSORTIA; REPORTS.— persons with paralysis and other physical the Secretary shall ensure that epidemiolog- The Director may, as appropriate, provide disabilities. The Secretary may carry out ical and other types of information obtained for the coordination of information among such projects directly and through awards of under subsection (a) is made available to the consortia under paragraph (1) and ensure grants or contracts. National Institutes of Health and the De- regular communication between members of (b) CERTAIN ACTIVITIES.—Activities under partment of Veterans Affairs. the consortia, and may require the periodic subsection (a) may include— ‘‘(e) DEFINITION.—For the purposes of this preparation of reports on the activities of (1) the development of a national paralysis section, the term ‘national voluntary health the consortia and the submission of the re- and physical disability quality of life action association’ means a national non-profit or- ports to the Director. plan, to promote health and wellness in ganization with chapters or other affiliated (4) ORGANIZATION OF CONSORTIA.—Each con- order to enhance full participation, inde- organizations in States throughout the sortium under paragraph (1) may use the fa- pendent living, self-sufficiency and equality

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7036 CONGRESSIONAL RECORD — SENATE July 22, 2008 of opportunity in partnership with voluntary $25,000,000 for each of fiscal years 2009 the latest advances in all forms of stroke health agencies focused on paralysis and through 2012. care. other physical disabilities, to be carried out Subtitle C—Stroke Treatment and Ongoing ‘‘SEC. 399HH. STROKE DEFINITION. in coordination with the State-based Dis- Prevention Act ‘‘For purposes of this part, the term ability and Health Program of the Centers ‘stroke’ means a ‘brain attack’ in which SEC. 1201. SHORT TITLE. for Disease Control and Prevention; blood flow to the brain is interrupted or in This subtitle may be cited as the ‘‘Stroke (2) support for programs to disseminate in- which a blood vessel or aneurysm in the Treatment and Ongoing Prevention Act’’. formation involving care and rehabilitation brain breaks or ruptures. SEC. 1202. AMENDMENTS TO PUBLIC HEALTH options and quality of life grant programs ‘‘SEC. 399II. AUTHORIZATION OF APPROPRIA- SERVICE ACT REGARDING STROKE supportive of community based programs TIONS. PROGRAMS. and support systems for persons with paral- ‘‘There is authorized to be appropriated to (a) STROKE EDUCATION AND INFORMATION ysis and other physical disabilities; carry out this part $5,000,000 for each of fiscal PROGRAMS.—Title III of the Public Health (3) in collaboration with other centers and years 2009 through 2013.’’. Service Act (42 U.S.C. 241 et seq.) is amended national voluntary health agencies, establish (b) EMERGENCY MEDICAL PROFESSIONAL DE- by adding at the end the following: a population-based database that may be VELOPMENT.—Section 1251 of the Public used for longitudinal and other research on ‘‘PART S—STROKE EDUCATION, INFORMA- Health Service Act (42 U.S.C. 300d–51) is paralysis and other disabling conditions; and TION, AND DATA COLLECTION PRO- amended to read as follows: (4) the replication and translation of best GRAMS ‘‘SEC. 1251. MEDICAL PROFESSIONAL DEVELOP- practices and the sharing of information ‘‘SEC. 399FF. STROKE PREVENTION AND EDU- MENT IN ADVANCED STROKE AND across States, as well as the development of CATION CAMPAIGN. TRAUMATIC INJURY TREATMENT AND PREVENTION. comprehensive, unique and innovative pro- ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(a) RESIDENCY AND OTHER PROFESSIONAL grams, services, and demonstrations within carry out an education and information cam- TRAINING.—The Secretary may make grants existing State-based disability and health paign to promote stroke prevention and in- to public and nonprofit entities for the pur- programs of the Centers for Disease Control crease the number of stroke patients who pose of planning, developing, and enhancing seek immediate treatment. and Prevention which are designed to sup- approved residency training programs and port and advance quality of life programs for ‘‘(b) AUTHORIZED ACTIVITIES.—In imple- menting the education and information cam- other professional training for appropriate persons living with paralysis and other phys- health professions in emergency medicine, paign under subsection (a), the Secretary ical disabilities focusing on— including emergency medical services profes- may— (A) caregiver education; sionals, to improve stroke and traumatic in- ‘‘(1) make public service announcements (B) promoting proper nutrition, increasing jury prevention, diagnosis, treatment, and about the warning signs of stroke and the physical activity, and reducing tobacco use; rehabilitation. (C) education and awareness programs for importance of treating stroke as a medical ‘‘(b) CONTINUING EDUCATION ON STROKE AND health care providers; emergency; TRAUMATIC INJURY.— (D) prevention of secondary complications; ‘‘(2) provide education regarding ways to ‘‘(1) GRANTS.—The Secretary, acting (E) home and community-based interven- prevent stroke and the effectiveness of through the Administrator of the Health Re- tions; stroke treatment; and sources and Services Administration, may (F) coordinating services and removing ‘‘(3) carry out other activities that the make grants to qualified entities for the de- barriers that prevent full participation and Secretary determines will promote preven- velopment and implementation of education integration into the community; and tion practices among the general public and programs for appropriate health care profes- (G) recognizing the unique needs of under- increase the number of stroke patients who sionals in the use of newly developed diag- served populations. seek immediate care. nostic approaches, technologies, and thera- (c) GRANTS.—The Secretary may award ‘‘(c) MEASUREMENTS.—In implementing the pies for health professionals involved in the grants in accordance with the following: education and information campaign under prevention, diagnosis, treatment, and reha- (1) To State and local health and disability subsection (a), the Secretary shall— bilitation of stroke or traumatic injury. agencies for the purpose of— ‘‘(1) measure public awareness before the ‘‘(2) DISTRIBUTION OF GRANTS.—In awarding (A) establishing a population-based data- start of the campaign to provide baseline grants under this subsection, the Secretary base that may be used for longitudinal and data that will be used to evaluate the effec- shall give preference to qualified entities other research on paralysis and other dis- tiveness of the public awareness efforts; that will train health care professionals that abling conditions; ‘‘(2) establish quantitative benchmarks to serve areas with a significant incidence of (B) developing comprehensive paralysis measure the impact of the campaign over stroke or traumatic injuries. and other physical disability action plans time; and ‘‘(3) APPLICATION.—A qualified entity desir- and activities focused on the items listed in ‘‘(3) measure the impact of the campaign ing a grant under this subsection shall sub- subsection (b)(4); not less than once every 2 years or, if deter- mit to the Secretary an application at such (C) assisting State-based programs in es- mined appropriate by the Secretary, at time, in such manner, and containing such tablishing and implementing partnerships shorter intervals. information as the Secretary may require, and collaborations that maximize the input ‘‘(d) NO DUPLICATION OF EFFORT.—In car- including a plan for the rigorous evaluation and support of people with paralysis and rying out this section, the Secretary shall of activities carried out with amounts re- other physical disabilities and their con- avoid duplicating existing stroke education ceived under the grant. efforts by other Federal Government agen- stituent organizations; ‘‘(4) DEFINITIONS.—For purposes of this sub- (D) coordinating paralysis and physical cies. section: ‘‘(e) CONSULTATION.—In carrying out this disability activities with existing State- ‘‘(A) The term ‘qualified entity’ means a section, the Secretary may consult with or- based disability and health programs; consortium of public and private entities, ganizations and individuals with expertise in (E) providing education and training op- such as universities, academic medical cen- stroke prevention, diagnosis, treatment, and portunities and programs for health profes- ters, hospitals, and emergency medical sys- rehabilitation. sionals and allied caregivers; and tems that are coordinating education activi- (F) developing, testing, evaluating, and ‘‘SEC. 399GG. PAUL COVERDELL NATIONAL ties among providers serving in a variety of replicating effective intervention programs ACUTE STROKE REGISTRY AND medical settings. CLEARINGHOUSE. to maintain or improve health and quality of ‘‘(B) The term ‘stroke’ means a ‘brain at- life. ‘‘The Secretary, acting through the Cen- ters for Disease Control and Prevention, tack’ in which blood flow to the brain is in- (2) To private health and disability organi- terrupted or in which a blood vessel or aneu- zations for the purpose of— shall maintain the Paul Coverdell National Acute Stroke Registry and Clearinghouse rysm in the brain breaks or ruptures. (A) disseminating information to the pub- ‘‘(c) REPORT.—Not later than 1 year after by— lic; the allocation of grants under this section, (B) improving access to services for per- ‘‘(1) continuing to develop and collect spe- the Secretary shall submit to the Committee sons living with paralysis and other physical cific data points and appropriate bench- on Health, Education, Labor, and Pensions of disabilities and their caregivers; marks for analyzing care of acute stroke pa- the Senate and the Committee on Energy (C) testing model intervention programs to tients; and Commerce of the House of Representa- improve health and quality of life; and ‘‘(2) collecting, compiling, and dissemi- tives a report on the results of activities car- (D) coordinating existing services with nating information on the achievements of, ried out with amounts received under this State-based disability and health programs. and problems experienced by, State and local section. (d) COORDINATION OF ACTIVITIES.—The Sec- agencies and private entities in developing ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— retary shall ensure that activities under this and implementing emergency medical sys- There is authorized to be appropriated to section are coordinated as appropriate with tems and hospital-based quality of care carry out this section $4,000,000 for each of other agencies of the Department of Health interventions; and fiscal years 2009 through 2013. The Secretary and Human Services. ‘‘(3) carrying out any other activities the shall equitably allocate the funds authorized (e) AUTHORIZATION OF APPROPRIATIONS.— Secretary determines to be useful to main- to be appropriated under this section be- For the purpose of carrying out this section, tain the Paul Coverdell National Acute tween efforts to address stroke and efforts to there are authorized to be appropriated Stroke Registry and Clearinghouse to reflect address traumatic injury.’’.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7037 SEC. 1203. PILOT PROJECT ON TELEHEALTH give priority to any applicant that submits a PART I—RESEARCH ON POSTPARTUM STROKE TREATMENT. plan demonstrating how the applicant, and CONDITIONS (a) ESTABLISHMENT.—Part D of title III of where applicable the members of the consor- SEC. 1311. EXPANSION AND INTENSIFICATION OF the Public Health Service Act (42 U.S.C. 254b tium described in subsection (d)(2), will use ACTIVITIES. et seq.) is amended by inserting after section the grant to improve access to high-quality (a) DEFINITIONS.—For purposes of this sub- 330L the following: stroke care for populations with shortages of title— ‘‘SEC. 330M. TELEHEALTH STROKE TREATMENT stroke-care specialists and populations with (1) the term ‘‘postpartum conditions’’ GRANT PROGRAM. a high incidence of stroke. means postpartum depression and ‘‘(a) GRANTS.—The Secretary may make postpartum psychosis; and grants to States, and to consortia of public ‘‘(f) GRANT PERIOD.—The Secretary may not award a grant to a State or a consortium (2) the term ‘‘Secretary’’ means the Sec- and private entities located in any State retary of Health and Human Services. that is not a grantee under this section, to under this section for any period that— ‘‘(1) is greater than 3 years; or (b) CONTINUATION OF ACTIVITIES.—The Sec- conduct a 5-year pilot project over the period retary is encouraged to continue activities of fiscal years 2008 through 2012 to improve ‘‘(2) extends beyond the end of fiscal year 2012. on postpartum conditions. stroke patient outcomes by coordinating (c) PROGRAMS FOR POSTPARTUM CONDI- health care delivery through telehealth net- ‘‘(g) RESTRICTION ON NUMBER OF GRANTS.— TIONS.—In carrying out subsection (b), the works. In carrying out the 5-year pilot project under Secretary is encouraged to continue research ‘‘(b) ADMINISTRATION.—The Secretary shall this section, the Secretary may not award to expand the understanding of the causes of, administer this section through the Director more than 7 grants. and treatments for, postpartum conditions. of the Office for the Advancement of Tele- ‘‘(h) APPLICATION.—To seek a grant under Activities under such subsection shall in- health. this section, a State or a consortium of pub- clude conducting and supporting the fol- ‘‘(c) CONSULTATION.—In carrying out this lic and private entities shall submit an ap- lowing: section, for the purpose of better coordi- plication to the Secretary in such form, in (1) Basic research concerning the etiology nating program activities, the Secretary such manner, and containing such informa- and causes of the conditions. shall consult with— tion as the Secretary may require. At a min- (2) Epidemiological studies to address the ‘‘(1) officials responsible for other Federal imum, the Secretary shall require each such frequency and natural history of the condi- programs involving stroke research and care, application to outline how the State or con- tions and the differences among racial and including such programs established by the sortium will establish baseline measures and ethnic groups with respect to the conditions. Stroke Treatment and Ongoing Prevention benchmarks to evaluate program outcomes. (3) The development of improved screening Act; and ‘‘(i) DEFINITION.—In this section, the term and diagnostic techniques. ‘‘(2) organizations and individuals with ex- ‘stroke’ means a ‘brain attack’ in which (4) Clinical research for the development pertise in stroke prevention, diagnosis, blood flow to the brain is interrupted or in and evaluation of new treatments. treatment, and rehabilitation. which a blood vessel or aneurysm in the (5) Information and education programs for ‘‘(d) USE OF FUNDS.— brain breaks or ruptures. health care professionals and the public, ‘‘(1) IN GENERAL.—The Secretary may not which may include a coordinated national ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— make a grant to a State or a consortium campaign to increase the awareness and under this section unless the State or con- There are authorized to be appropriated to carry out this section $10,000,000 for fiscal knowledge of postpartum conditions. Activi- sortium agrees to use the grant for the pur- ties under such a national campaign may— pose of— year 2009, $13,000,000 for fiscal year 2010, $15,000,000 for fiscal year 2011, $8,000,000 for (A) include public service announcements ‘‘(A) identifying entities with expertise in through television, radio, and other means; the delivery of high-quality stroke preven- fiscal year 2012, and $4,000,000 for fiscal year 2013.’’. and tion, diagnosis, treatment, and rehabilita- (B) focus on— tion; (b) STUDY; REPORTS.— (i) raising awareness about screening; ‘‘(B) working with those entities to estab- (1) FINAL REPORT.—Not later than March (ii) educating new mothers and their fami- lish or improve telehealth networks to pro- 31, 2014, the Secretary of Health and Human lies about postpartum conditions to promote vide stroke treatment assistance and re- Services shall conduct a study of the results earlier diagnosis and treatment; and sources to health care professionals, hos- of the telehealth stroke treatment grant pro- (iii) ensuring that such education includes pitals, and other individuals and entities gram under section 330M of the Public complete information concerning that serve stroke patients; Health Service Act (added by subsection (a)) postpartum conditions, including its symp- ‘‘(C) informing emergency medical systems and submit to the Congress a report on such toms, methods of coping with the illness, and of the location of entities identified under results that includes the following: treatment resources. subparagraph (A) to facilitate the appro- (A) An evaluation of the grant program SEC. 1312. SENSE OF CONGRESS REGARDING priate transport of individuals with stroke outcomes, including quantitative analysis of LONGITUDINAL STUDY OF RELATIVE symptoms; baseline and benchmark measures. MENTAL HEALTH CONSEQUENCES ‘‘(D) establishing networks to coordinate (B) Recommendations on how to promote FOR WOMEN OF RESOLVING A PREG- collaborative activities for stroke preven- stroke networks in ways that improve access NANCY. tion, diagnosis, treatment, and rehabilita- to clinical care in rural and urban areas and (a) SENSE OF CONGRESS.—It is the sense of tion; reduce the incidence of stroke and the debili- Congress that the Director of the National ‘‘(E) improving access to high-quality tating and costly complications resulting Institute of Mental Health may conduct a stroke care, especially for populations with a from stroke. nationally representative longitudinal study shortage of stroke care specialists and popu- (C) Recommendations on whether similar (during the period of fiscal years 2008 lations with a high incidence of stroke; and telehealth grant programs could be used to through 2018) of the relative mental health ‘‘(F) conducting ongoing performance and improve patient outcomes in other public consequences for women of resolving a preg- quality evaluations to identify collaborative health areas. nancy (intended and unintended) in various activities that improve clinical outcomes for (2) INTERIM REPORTS.—The Secretary of ways, including carrying the pregnancy to stroke patients. Health and Human Services may provide in- term and parenting the child, carrying the ‘‘(2) ESTABLISHMENT OF CONSORTIUM.—The terim reports to the Congress on the tele- pregnancy to term and placing the child for Secretary may not make a grant to a State health stroke treatment grant program adoption, miscarriage, and having an abor- under this section unless the State agrees to under section 330M of the Public Health tion. This study may assess the incidence, establish a consortium of public and private Service Act (added by subsection (a)) at such timing, magnitude, and duration of the im- entities, including universities and academic intervals as the Secretary determines to be mediate and long-term mental health con- medical centers, to carry out the activities appropriate. sequences (positive or negative) of these pregnancy outcomes. described in paragraph (1). SEC. 1204. RULE OF CONSTRUCTION. ‘‘(3) PROHIBITION.—The Secretary may not (b) REPORT.—Subject to the completion of make a grant under this section to a State Nothing in this subtitle shall be construed the study under subsection (a), beginning not that has an existing telehealth network that to authorize the Secretary of Health and later than 5 years after the date of the enact- is or may be used for improving stroke pre- Human Services to establish Federal stand- ment of this Act, and periodically thereafter vention, diagnosis, treatment, and rehabili- ards for the treatment of patients or the li- for the duration of the study, such Director tation, or to a consortium located in such a censure of health care professionals. may prepare and submit to the Congress re- ports on the findings of the study. State, unless the State or consortium agrees Subtitle D—Melanie Blocker Stokes that— MOTHERS Act PART II—DELIVERY OF SERVICES ‘‘(A) the State or consortium will use an REGARDING POSTPARTUM CONDITIONS SEC. 1301. SHORT TITLE. existing telehealth network to achieve the SEC. 1321. ESTABLISHMENT OF PROGRAM OF purpose of the grant; and This title may be cited as the ‘‘Melanie GRANTS. ‘‘(B) the State or consortium will not es- Blocker Stokes Mom’s Opportunity to Ac- (a) IN GENERAL.—The Secretary may in ac- tablish a separate network for such purpose. cess Health, Education, Research, and Sup- cordance with this part make grants to pro- ‘‘(e) PRIORITY.—In selecting grant recipi- port for Postpartum Depression Act’’ or the vide for projects for the establishment, oper- ents under this section, the Secretary shall ‘‘Melanie Blocker Stokes MOTHERS Act’’. ation, and coordination of effective and cost-

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7038 CONGRESSIONAL RECORD — SENATE July 22, 2008 efficient systems for the delivery of essential charges may vary based on the financial cir- (4) Various identification methods, includ- services to individuals with a postpartum cumstances of the individual receiving serv- ing vision screening and comprehensive eye condition and their families. ices. examinations required by State laws, can be (b) RECIPIENTS OF GRANT.—A grant under (4) The grant will not be expended to make helpful in identifying children needing serv- subsection (a) may be made to an entity only payment for services authorized under sec- ices. A child identified as needing services if the entity is a public or nonprofit private tion 1321(a) to the extent that payment has through vision screening should receive a entity, which may include a State or local been made, or can reasonably be expected to comprehensive eye examination followed by government, a public-private partnership, a be made, with respect to such services— subsequent treatment as needed. Any child recipient of a grant under the Healthy Start (A) under any State compensation pro- identified as needing services should have ac- program under section 330H of the Public gram, under an insurance policy, or under cess to subsequent treatment as needed. Health Service Act (42 U.S.C. 254c–8), a pub- any Federal or State health benefits pro- (5) There is a need to increase public lic or nonprofit private hospital, commu- gram; or awareness about the prevalence and dev- nity-based organization, hospice, ambulatory (B) by an entity that provides health serv- astating consequences of vision disorders in care facility, community health center, mi- ices on a prepaid basis. children and to educate the public and grant health center, public housing primary (5) The applicant will, at each site at which health care providers about the warning care center, or homeless health center, or the applicant provides services under section signs and symptoms of ocular and vision dis- any other appropriate public or nonprofit 1321(a), post a conspicuous notice informing orders and the benefits of early detection, private entity. individuals who receive the services of any evaluation, and treatment. (c) CERTAIN ACTIVITIES.—To the extent Federal policies that apply to the applicant SEC. 1403. GRANTS REGARDING VISION CARE practicable and appropriate, the Secretary with respect to the imposition of charges on FOR CHILDREN. shall ensure that projects under subsection such individuals. (a) IN GENERAL.—The Secretary of Health (a) provide education and services with re- (6) For each grant period, the applicant and Human Services (referred to in this sec- spect to the diagnosis and management of will submit to the Secretary a report that tion as the ‘‘Secretary’’), acting through the postpartum conditions. Activities that the describes how grant funds were used during Director of the Centers for Disease Control Secretary may authorize for such projects such period. and Prevention, may award grants to States may also include the following: SEC. 1323. TECHNICAL ASSISTANCE. on the basis of an established review process (1) Delivering or enhancing outpatient and The Secretary may provide technical as- for the purpose of complementing existing home-based health and support services, in- sistance to assist entities in complying with State efforts for— cluding case management and comprehen- the requirements of this part in order to (1) providing comprehensive eye examina- sive treatment services for individuals with make such entities eligible to receive grants tions by a licensed optometrist or ophthal- or at risk for postpartum conditions, and de- under section 1321. mologist for children who have been pre- livering or enhancing support services for PART III—GENERAL PROVISIONS viously identified through a vision screening their families. SEC. 1331. AUTHORIZATION OF APPROPRIATIONS. or eye examination by a licensed health care (2) Delivering or enhancing inpatient care To carry out this subtitle and the amend- provider or vision screener as needing such management services that ensure the well- ments made by this subtitle, there are au- services, with priority given to children who being of the mother and family and the fu- thorized to be appropriated, in addition to are under the age of 9 years; ture development of the infant. such other sums as may be available for such (2) providing treatment or services, subse- (3) Improving the quality, availability, and purpose— quent to the examinations described in para- organization of health care and support serv- (1) $3,000,000 for fiscal year 2009; and graph (1), necessary to correct vision prob- ices (including transportation services, at- (2) such sums as may be necessary for fis- lems; and tendant care, homemaker services, day or cal years 2010 and 2011. (3) developing and disseminating, to par- respite care, and providing counseling on fi- ents, teachers, and health care practitioners, SEC. 1332. REPORT BY THE SECRETARY. nancial assistance and insurance) for indi- educational materials on recognizing signs viduals with a postpartum condition and (a) STUDY.—The Secretary shall conduct a study on the benefits of screening for of visual impairment in children. support services for their families. (b) CRITERIA AND COORDINATION.— (4) Providing education to new mothers postpartum conditions. (b) REPORT.—Not later than 2 years after (1) CRITERIA.—The Secretary, in consulta- and, as appropriate, their families about the date of the enactment of this Act, the tion with appropriate professional and pa- postpartum conditions to promote earlier di- Secretary shall complete the study required tient organizations including individuals agnosis and treatment. Such education may by subsection (a) and submit a report to the with knowledge of age appropriate vision include— Congress on the results of such study. services, shall develop criteria— (A) providing complete information on (A) governing the operation of the grant SEC. 1333. LIMITATION. postpartum conditions, symptoms, methods program under subsection (a); and Notwithstanding any other provision of of coping with the illness, and treatment re- (B) for the collection of data related to vi- this subtitle, the Secretary may not utilize sources; and sion assessment and the utilization of follow- amounts made available under subtitle to (B) in the case of a grantee that is a State, up services. carry out activities or programs that are du- hospital, or birthing facility— (2) COORDINATION.—The Secretary shall, as plicative of activities or programs that are (i) providing education to new mothers and appropriate, coordinate the program under currently being carried out through the De- fathers, and other family members as appro- subsection (a) with the program under sec- partment of Health and Human Services. priate, concerning postpartum conditions be- tion 330 of the Public Health Service Act (re- fore new mothers leave the health facility; Subtitle E—Vision Care for Kids Act of 2008 lating to health centers) (42 U.S.C. 254b), the and SEC. 1401. SHORT TITLE. program under title XIX of the Social Secu- (ii) ensuring that training programs re- The subtitle may be cited as the ‘‘Vision rity Act (relating to the Medicaid program) garding such education are carried out at the Care for Kids Act of 2008’’. (42 U.S.C. 1396 et seq.), the program under health facility. SEC. 1402. FINDINGS. title XXI of such Act (relating to the State (d) INTEGRATION WITH OTHER PROGRAMS.— Congress makes the following findings: children’s health insurance program) (42 To the extent practicable and appropriate, (1) Millions of children in the United U.S.C. 1397aa et seq.), and with other Federal the Secretary may integrate the program States suffer from vision problems, many of or State programs that provide services to under this part with other grant programs which go undetected. Because children with children. carried out by the Secretary, including the vision problems can struggle develop- (c) APPLICATION.—To be eligible to receive program under section 330 of the Public mentally, resulting in physical, emotional, a grant under subsection (a), a State shall Health Service Act. and social consequences, good vision is es- submit to the Secretary an application in SEC. 1322. CERTAIN REQUIREMENTS. sential for proper physical development and such form, made in such manner, and con- A grant may be made under section 1321 educational progress. taining such information as the Secretary only if the applicant involved makes the fol- (2) Vision problems in children range from may require, including— lowing agreements: common conditions such as refractive errors, (1) information on existing Federal, Fed- (1) Not more than 5 percent of the grant amblyopia, strabismus, ocular trauma, and eral-State, or State-funded children’s vision will be used for administration, accounting, infections, to rare but potentially life- or programs; reporting, and program oversight functions. sight-threatening problems such as (2) a plan for the use of grant funds, includ- (2) The grant will be used to supplement retinoblastoma, infantile cataracts, con- ing how funds will be used to complement ex- and not supplant funds from other sources genital glaucoma, and genetic or metabolic isting State efforts (including possible part- related to the treatment of postpartum con- diseases of the eye. nerships with non-profit entities); ditions. (3) Since many serious ocular conditions (3) a plan to determine if a grant eligible (3) The applicant will abide by any limita- are treatable if identified in the preschool child has been identified as provided for in tions deemed appropriate by the Secretary and early school-age years, early detection subsection (a); and on any charges to individuals receiving serv- provides the best opportunity for effective (4) a description of how funds will be used ices pursuant to the grant. As deemed appro- treatment and can have far-reaching impli- to provide items or services, only as a sec- priate by the Secretary, such limitations on cations for vision. ondary payer—

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7039 (A) for an eligible child, to the extent that (2) strengthen existing networks of support natal conditions or parents of infants with a the child is not covered for the items or serv- through the Centers for Disease Control and postnatally diagnosed condition; ices under any State compensation program, Prevention, the Health Resources and Serv- ‘‘(iv) the establishment of a national reg- under an insurance policy, or under any Fed- ices Administration, and other patient and istry, or network of local registries, of fami- eral or State health benefits program; or provider outreach programs; and lies willing to adopt newborns with Down (B) for an eligible child, to the extent that (3) ensure that patients receive up-to-date, syndrome or other prenatally or postnatally the child receives the items or services from evidence-based information about the accu- diagnosed conditions, and links to adoption an entity that provides health services on a racy of the test. agencies willing to place babies with Down prepaid basis. SEC. 1503. AMENDMENT TO THE PUBLIC HEALTH syndrome or other prenatally or postnatally (d) EVALUATIONS.—To be eligible to receive SERVICE ACT. diagnosed conditions, with families willing a grant under subsection (a), a State shall Part P of title III of the Public Health to adopt; and agree that, not later than 1 year after the Service Act (42 U.S.C. 280g et seq.), as ‘‘(v) the establishment of awareness and date on which amounts under the grant are amended by section 1002, is further amended education programs for health care providers first received by the State, and annually by adding at the end the following: who provide, interpret, or inform parents of thereafter while receiving amounts under ‘‘SEC. 399S. SUPPORT FOR PATIENTS RECEIVING the results of prenatal tests for Down syn- the grant, the State will submit to the Sec- A POSITIVE DIAGNOSIS OF DOWN drome or other prenatally or postnatally di- retary an evaluation of the operations and SYNDROME OR OTHER PRENATALLY agnosed conditions, to patients, consistent activities carried out under the grant, in- OR POSTNATALLY DIAGNOSED CON- DITIONS. with the purpose described in section 2(b)(1) cluding— ‘‘(a) DEFINITIONS.—In this section: of the Prenatally and Postnatally Diagnosed (1) an assessment of the utilization of vi- ‘‘(1) DOWN SYNDROME.—The term ‘Down Conditions Awareness Act. sion services and the status of children re- syndrome’ refers to a chromosomal disorder ‘‘(2) ELIGIBLE ENTITY.—In this subsection, ceiving these services as a result of the ac- caused by an error in cell division that re- the term ‘eligible entity’ means— tivities carried out under the grant; sults in the presence of an extra whole or ‘‘(A) a State or a political subdivision of a (2) the collection, analysis, and reporting partial copy of chromosome 21. State; of children’s vision data according to guide- ‘‘(2) HEALTH CARE PROVIDER.—The term ‘‘(B) a consortium of 2 or more States or lines prescribed by the Secretary; and ‘health care provider’ means any person or political subdivisions of States; (3) such other information as the Secretary entity required by State or Federal law or ‘‘(C) a territory; may require. regulation to be licensed, registered, or cer- ‘‘(D) a health facility or program operated (e) LIMITATIONS IN EXPENDITURE OF tified to provide health care services, and by or pursuant to a contract with or grant GRANT.—A grant may be made under sub- who is so licensed, registered, or certified. from the Indian Health Service; or section (a) only if the State involved agrees ‘‘(3) POSTNATALLY DIAGNOSED CONDITION.— ‘‘(E) any other entity with appropriate ex- that the State will not expend more than 20 The term ‘postnatally diagnosed condition’ pertise in prenatally and postnatally diag- percent of the amount received under the means any health condition identified during nosed conditions (including nationally recog- grant to carry out the purpose described in the 12-month period beginning at birth. nized disability groups), as determined by paragraph (3) of such subsection. ‘‘(4) PRENATALLY DIAGNOSED CONDITION.— the Secretary. (f) MATCHING FUNDS.— The term ‘prenatally diagnosed condition’ ‘‘(3) DISTRIBUTION.—In distributing funds (1) IN GENERAL.—With respect to the costs means any fetal health condition identified under this subsection, the Secretary shall of the activities to be carried out with a by prenatal genetic testing or prenatal place an emphasis on funding partnerships grant under subsection (a), a condition for screening procedures. between health care professional groups and the receipt of the grant is that the State in- ‘‘(5) PRENATAL TEST.—The term ‘prenatal disability advocacy organizations. volved agrees to make available (directly or ‘‘(c) PROVISION OF INFORMATION TO PRO- test’ means diagnostic or screening tests of- through donations from public or private en- VIDERS.— fered to pregnant women seeking routine tities) non-Federal contributions toward ‘‘(1) IN GENERAL.—A grantee under this sec- prenatal care that are administered on a re- such costs in an amount that is not less than tion shall make available to health care pro- quired or recommended basis by a health 25 percent of such costs. viders of parents who receive a prenatal or care provider based on medical history, fam- (2) DETERMINATION OF AMOUNT CONTRIB- postnatal diagnosis the following: ily background, ethnic background, previous UTED.—Non-Federal contributions required ‘‘(A) Up-to-date, evidence-based, written test results, or other risk factors. in paragraph (1) may be in cash or in kind, ‘‘(b) INFORMATION AND SUPPORT SERVICES.— information concerning the range of out- fairly evaluated, including plant, equipment, ‘‘(1) IN GENERAL.—The Secretary, acting comes for individuals living with the diag- or services. Amounts provided by the Federal through the Director of the National Insti- nosed condition, including physical, develop- Government, or services assisted or sub- tutes of Health, the Director of the Centers mental, educational, and psychosocial out- sidized to any significant extent by the Fed- for Disease Control and Prevention, or the comes. eral Government, may not be included in de- Administrator of the Health Resources and ‘‘(B) Contact information regarding sup- termining the amount of such non-Federal Services Administration, may authorize and port services, including information hotlines contributions. oversee certain activities, including the specific to Down syndrome or other pre- (g) DEFINITION.—For purposes of this sec- awarding of grants, contracts or cooperative natally or postnatally diagnosed conditions, tion, the term ‘‘comprehensive eye examina- agreements to eligible entities, to— resource centers or clearinghouses, national tion’’ includes an assessment of a patient’s ‘‘(A) collect, synthesize, and disseminate and local peer support groups, and other edu- history, general medical observation, exter- current evidence-based information relating cation and support programs as described in nal and ophthalmoscopic examination, vis- to Down syndrome or other prenatally or subsection (b)(2). ual acuity, ocular alignment and motility, postnatally diagnosed conditions; and ‘‘(2) INFORMATIONAL REQUIREMENTS.—Infor- refraction, and as appropriate, binocular vi- ‘‘(B) coordinate the provision of, and ac- mation provided under this subsection shall sion or gross visual fields, performed by an cess to, new or existing supportive services be— optometrist or an ophthalmologist. for patients receiving a positive diagnosis for ‘‘(A) culturally and linguistically appro- (h) AUTHORIZATION OF APPROPRIATIONS.— priate as needed by women receiving a posi- For the purpose of carrying out this section, Down syndrome or other prenatally or postnatally diagnosed conditions, includ- tive prenatal diagnosis or the family of in- there is authorized to be appropriated fants receiving a postnatal diagnosis; and $65,000,000 for the period of fiscal years 2009 ing— ‘‘(i) the establishment of a resource tele- ‘‘(B) approved by the Secretary. through 2013. ‘‘(d) REPORT.—Not later than 2 years after phone hotline accessible to patients receiv- the date of enactment of this section, the Subtitle F—Prenatally and Postnatally ing a positive test result or to the parents of Government Accountability Office shall sub- Diagnosed Conditions Awareness Act newly diagnosed infants with Down syn- mit a report to Congress concerning the ef- SEC. 1501. SHORT TITLE. drome and other diagnosed conditions; fectiveness of current healthcare and family This subtitle may be cited As the ‘‘Pre- ‘‘(ii) the expansion and further develop- support programs serving as resources for natally and Postnatally Diagnosed Condi- ment of the National Dissemination Center the families of children with disabilities.’’. tions Awareness Act’’. for Children with Disabilities, so that such SEC. 1502. PURPOSES. Center can more effectively conduct out- TITLE II—JUDICIARY PROVISIONS It is the purpose of this subtitle to— reach to new and expecting parents and pro- Subtitle A—Reconnecting Homeless Youth (1) increase patient referrals to providers vide them with up-to-date information on Act of 2008 of key support services for women who have the range of outcomes for individuals living SEC. 2101. SHORT TITLE. received a positive diagnosis for Down syn- with the diagnosed condition, including This subtitle may be cited as the ‘‘Recon- drome, or other prenatally or postnatally di- physical, developmental, educational, and necting Homeless Youth Act of 2008’’. agnosed conditions, as well as to provide up- psychosocial outcomes; SEC. 2102. FINDINGS. to-date information on the range of out- ‘‘(iii) the expansion and further develop- Section 302 of the Runaway and Homeless comes for individuals living with the diag- ment of national and local peer-support pro- Youth Act (42 U.S.C. 5701) is amended— nosed condition, including physical, develop- grams, so that such programs can more ef- (1) by redesignating paragraphs (3), (4), and mental, educational, and psychosocial out- fectively serve women who receive a positive (5) as paragraphs (4), (5), and (6), respec- comes; diagnosis for Down syndrome or other pre- tively; and

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7040 CONGRESSIONAL RECORD — SENATE July 22, 2008 (2) by inserting after paragraph (2) the fol- (1) in subsection (b)— ‘‘(2) such other information as the Sec- lowing: (A) in the matter preceding paragraph (1), retary determines, in consultation with ‘‘(3) services to such young people should by striking ‘‘special consideration’’ and in- States, units of local government, and na- be developed and provided using a positive serting ‘‘priority’’; tional nongovernmental organizations con- youth development approach that ensures a (B) in paragraph (8)— cerned with homelessness, may be useful. young person a sense of— (i) by striking ‘‘to health’’ and inserting ‘‘(c) IMPLEMENTATION.—If the Secretary en- ‘‘(A) safety and structure; ‘‘to quality health’’; ters into any contract with a non-Federal ‘‘(B) belonging and membership; (ii) by striking ‘‘mental health care’’ and entity for purposes of carrying out sub- ‘‘(C) self-worth and social contribution; inserting ‘‘behavioral health care’’; and section (a), such entity shall be a nongovern- ‘‘(D) independence and control over one’s (iii) by striking ‘‘and’’ at the end; mental organization, or an individual, deter- life; and (C) in paragraph (9), by striking the period mined by the Secretary to have appropriate ‘‘(E) closeness in interpersonal relation- at the end and inserting ‘‘, including access expertise in quantitative and qualitative so- ships.’’. to educational and workforce programs to cial science research.’’. SEC. 2103. BASIC CENTER PROGRAM. achieve outcomes such as decreasing sec- SEC. 2107. SEXUAL ABUSE PREVENTION PRO- GRAM. (a) SERVICES PROVIDED.—Section 311 of the ondary school dropout rates, increasing rates of attaining a secondary school diploma or Section 351(b) of the Runaway and Home- Runaway and Homeless Youth Act (42 U.S.C. less Youth Act (42 U.S.C. 5714–41(b)) is 5711) is amended— its recognized equivalent, or increasing placement and retention in postsecondary amended by inserting ‘‘public and’’ after (1) in subsection (a)(2)(B), by striking ‘‘priority to’’. clause (i) and inserting the following: education or advanced workforce training programs; and’’; and SEC. 2108. NATIONAL HOMELESS YOUTH AWARE- ‘‘(i) safe and appropriate shelter provided NESS CAMPAIGN. (D) by adding at the end the following: for not to exceed 21 days; and’’; and The Runaway and Homeless Youth Act (42 ‘‘(10) providing programs, including inno- (2) in subsection (b)(2)— U.S.C. 5701 et seq.) is amended— vative programs, that assist youth in obtain- (A) by striking ‘‘(2) The’’ and inserting (1) by redesignating part F as part G; and ing and maintaining safe and stable housing, ‘‘(2)(A) Except as provided in subparagraph (2) by inserting after part E the following: (B), the’’; and which may include programs with sup- ‘‘PART F—NATIONAL HOMELESS YOUTH (B) by striking ‘‘$100,000’’ and inserting portive services that continue after the AWARENESS CAMPAIGN ‘‘$200,000’’; youth complete the remainder of the pro- (C) by striking ‘‘$45,000’’ and inserting grams.’’; and ‘‘SEC. 361. NATIONAL HOMELESS YOUTH AWARE- NESS CAMPAIGN. ‘‘$70,000’’; and (2) by striking subsection (c) and inserting the following: ‘‘(a) IN GENERAL.—The Secretary shall, di- (D) by adding at the end the following: rectly or through grants or contracts, con- ‘‘(B) For fiscal years 2009 and 2010, the ‘‘(c) In selecting among applicants for grants under subsection (a), the Secretary duct a national homeless youth awareness amount allotted under paragraph (1) with re- campaign (referred to in this section as the spect to a State for a fiscal year shall be not shall— ‘‘(1) give priority to applicants who have ‘national awareness campaign’) in accord- less than the amount allotted under para- ance with this section for purposes of— graph (1) with respect to such State for fiscal experience working with runaway or home- less youth; and ‘‘(1) increasing awareness of individuals of year 2008. all ages, socioeconomic backgrounds, and ge- ‘‘(C) Whenever the Secretary determines ‘‘(2) ensure that the applicants selected— ‘‘(A) represent diverse geographic regions ographic locations, of the issues facing run- that any part of the amount allotted under way and homeless youth, the resources avail- paragraph (1) to a State for a fiscal year will of the United States; and ‘‘(B) carry out projects that serve diverse able for these youth, and the tools available not be obligated before the end of the fiscal for the prevention of runaway and homeless year, the Secretary shall reallot such part to populations of runaway or homeless youth.’’. SEC. 2106. COORDINATING, TRAINING, RE- youth situations; and the remaining States for obligation for the ‘‘(2) encouraging parents, guardians, edu- fiscal year.’’. SEARCH, AND OTHER ACTIVITIES. Part D of the Runaway and Homeless cators, health care professionals, social serv- (b) ELIGIBILITY.—Section 312(b) of the Run- ice professionals, law enforcement officials, away and Homeless Youth Act (42 U.S.C. Youth Act (42 U.S.C. 5714–21 et seq.) is amended by adding at the end the following: and other community members to seek to 5712(b)) is amended— prevent runaway youth and youth homeless- (1) in paragraph (11), by striking ‘‘and’’ at ‘‘SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVALENCE OF YOUTH HOME- ness by assisting youth in averting or resolv- the end; LESSNESS. ing runaway and homeless youth situations. (2) in paragraph (12), by striking the period ‘‘(a) PERIODIC ESTIMATE.—Not later than 2 ‘‘(b) USE OF FUNDS.—Funds made available and inserting ‘‘; and’’; and years after the date of enactment of the Re- to carry out this section for the national (3) by adding at the end the following: connecting Homeless Youth Act of 2008, and awareness campaign may be used only for ‘‘(13) shall develop an adequate emergency at 5-year intervals thereafter, the Secretary, the following: preparedness and management plan.’’. in consultation with the United States Inter- ‘‘(1) The dissemination of educational in- SEC. 2104. TRANSITIONAL LIVING GRANT PRO- agency Council on Homelessness, shall pre- formation and materials through various GRAM. pare and submit to the Committee on Edu- media, including television, radio, the Inter- (a) ELIGIBILITY.—Section 322(a) of the Run- cation and Labor of the House of Representa- net and related technologies, and emerging away and Homeless Youth Act (42 U.S.C. tives and the Committee on the Judiciary of technologies. 5714–2(a)) is amended— the Senate, and make available to the pub- ‘‘(2) Partnerships, including outreach ac- (1) in paragraph (1)— lic, a report— tivities, with national organizations con- (A) by striking ‘‘directly or indirectly’’ and ‘‘(1) by using the best quantitative and cerned with youth homelessness, commu- inserting ‘‘by grant, agreement, or con- qualitative social science research methods nity-based youth service organizations (in- tract’’; and available, containing an estimate of the inci- cluding faith-based organizations), and gov- (B) by striking ‘‘services’’ the first place it dence and prevalence of runaway and home- ernment organizations, related to the na- appears and inserting ‘‘provide, by grant, less individuals who are not less than 13 tional awareness campaign. agreement, or contract, services,’’; years of age but are less than 26 years of age; ‘‘(3) In accordance with applicable laws (in- (2) in paragraph (2), by striking ‘‘a contin- and cluding regulations), the development and uous period not to exceed 540 days, except ‘‘(2) that includes with such estimate an placement of public service announcements, that’’ and all that follows and inserting the assessment of the characteristics of such in- in telecommunications media, including the following: ‘‘a continuous period not to ex- dividuals. Internet and related technologies and emerg- ceed 635 days, except that a youth in a pro- ‘‘(b) CONTENT.—The report required by sub- ing technologies, that educate the public gram under this part who has not reached 18 section (a) shall include— on— years of age on the last day of the 635-day pe- ‘‘(1) the results of conducting a survey of, ‘‘(A) the issues facing runaway and home- riod may, if otherwise qualified for the pro- and direct interviews with, a representative less youth (or youth considering running gram, remain in the program until the sample of runaway and homeless individuals away); and youth’s 18th birthday;’’; who are not less than 13 years of age but are ‘‘(B) the opportunities that adults have to (3) in paragraph (14), by striking ‘‘and’’ at less than 26 years of age, to determine past assist youth described in subparagraph (A). the end; and current— ‘‘(4) Evaluation of the effectiveness of the (4) in paragraph (15), by striking the period ‘‘(A) socioeconomic characteristics of such national awareness campaign. and inserting ‘‘; and’’; and individuals; and ‘‘(c) PROHIBITIONS.—None of the funds made (5) by adding at the end the following: ‘‘(B) barriers to such individuals obtain- available under section 388(a)(5) may be obli- ‘‘(16) to develop an adequate emergency ing— gated or expended for any of the following: preparedness and management plan.’’. ‘‘(i) safe, quality, and affordable housing; ‘‘(1) For activities that supplant pro bono SEC. 2105. GRANTS FOR RESEARCH EVALUATION, ‘‘(ii) comprehensive and affordable health public service time donated by national or DEMONSTRATION, AND SERVICE insurance and health services; and local broadcasting networks, advertising PROJECTS. ‘‘(iii) incomes, public benefits, supportive agencies, or production companies, or sup- Section 343 of the Runaway and Homeless services, and connections to caring adults; plant other pro bono work for the national Youth Act (42 U.S.C. 5714–23) is amended— and awareness campaign.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7041 ‘‘(2) For partisan political purposes, or ex- Services for grantmaking, monitoring, and (B) in clause (ii), by striking ‘‘age;’’ and in- press advocacy in support of or to defeat any evaluation for programs under sections 311, serting the following: ‘‘age and either— clearly identified candidate, clearly identi- 321, and 351.’’. ‘‘(I) less than 22 years of age; or fied ballot initiative, or clearly identified SEC. 2111. GOVERNMENT ACCOUNTABILITY OF- ‘‘(II) not less than 22 years of age, as of the legislative or regulatory proposal. FICE STUDY AND REPORT. expiration of the maximum period of stay ‘‘(3) To fund advertising that features any (a) STUDY.— permitted under section 322(a)(2) if such indi- person seeking elected office. (1) IN GENERAL.—The Comptroller General vidual commences such stay before reaching ‘‘(4) To fund advertising that does not con- of the United States shall conduct a study, 22 years of age;’’. tain a primary message intended to educate including making findings and recommenda- (b) RUNAWAY YOUTH.—Section 387 of the the public on— tions, relating to the processes for making Runaway and Homeless Youth Act (42 U.S.C. ‘‘(A) the issues facing runaway and home- grants under parts A, B, and E of the Run- 5732a) is amended— less youth (or youth considering running away and Homeless Youth Act (42 U.S.C. 5711 (1) by redesignating paragraphs (4), (5), (6), away); and et seq., 5714–1 et seq., 5714–41). and (7) as paragraphs (5), (6), (7), and (8), re- ‘‘(B) on the opportunities that adults have (2) SUBJECTS.—In particular, the Comp- spectively; and to help youth described in subparagraph (A). troller General shall study— (2) by inserting after paragraph (3) the fol- ‘‘(5) To fund advertising that solicits con- (A) the Secretary’s written responses to lowing: tributions to support the national awareness and other communications with applicants ‘‘(4) RUNAWAY YOUTH.—The term ‘runaway’, campaign. who do not receive grants under part A, B, or used with respect to a youth, means an indi- ‘‘(d) FINANCIAL AND PERFORMANCE AC- E of such Act, to determine if the informa- vidual who is less than 18 years of age and COUNTABILITY.—The Secretary shall per- tion provided in the responses and commu- who absents himself or herself from home or form— nications is conveyed clearly; a place of legal residence without the per- ‘‘(1) audits and reviews of costs of the na- (B) the content and structure of the grant mission of a parent or legal guardian.’’. tional awareness campaign, pursuant to sec- application documents, and of other associ- SEC. 2113. AUTHORIZATION OF APPROPRIATIONS. tion 304C of the Federal Property and Ad- ated documents (including grant announce- Section 388(a) of the Runaway and Home- ministrative Services Act of 1949 (41 U.S.C. ments), to determine if the requirements of less Youth Act (42 U.S.C. 5751(a)) is amend- 254d); and the applications and other associated docu- ed— ‘‘(2) an audit to determine whether the ments are presented and structured in a way (1) in paragraph (1)— costs of the national awareness campaign are that gives an applicant a clear under- (A) by striking ‘‘is authorized’’ and insert- allowable under section 306 of such Act (41 standing of the information that the appli- ing ‘‘are authorized’’; U.S.C. 256). cant must provide in each portion of an ap- (B) by striking ‘‘part E) $105,000,000 for fis- ‘‘(e) REPORT.—The Secretary shall include plication to successfully complete it, and a cal year 2004’’ and inserting ‘‘section 345 and in each report submitted under section 382 a clear understanding of the terminology used parts E and F) $150,000,000 for fiscal year summary of information about the national throughout the application and other associ- 2009’’; and awareness campaign that describes— ated documents; (C) by striking ‘‘2005, 2006, 2007, and 2008’’ ‘‘(1) the activities undertaken by the na- (C) the peer review process for applications and inserting ‘‘2010, 2011, 2012, and 2013’’; tional awareness campaign; for the grants, including the selection of peer (2) in paragraph (3)— ‘‘(2) steps taken to ensure that the na- reviewers, the oversight of the process by (A) by striking ‘‘In’’ and inserting the fol- tional awareness campaign operates in an ef- staff of the Department of Health and lowing: fective and efficient manner consistent with Human Services, and the extent to which ‘‘(A) IN GENERAL.—In’’; the overall strategy and focus of the na- such staff make funding determinations (B) by inserting ‘‘(other than section 345)’’ tional awareness campaign; and based on the comments and scores of the before the period; and ‘‘(3) each grant made to, or contract en- peer reviewers; (C) by adding at the end the following: tered into with, a particular corporation, (D) the typical timeframe, and the process ‘‘(B) PERIODIC ESTIMATE.—There are au- partnership, or individual working on the na- and responsibilities of such staff, for re- thorized to be appropriated to carry out sec- tional awareness campaign.’’. sponding to applicants for the grants, and tion 345 such sums as may be necessary for SEC. 2109. CONFORMING AMENDMENTS. the efforts made by such staff to commu- fiscal years 2009, 2010, 2011, 2012, and 2013.’’; (a) REPORTS.—Section 382(a) of the Run- nicate with the applicants when funding de- (3) in paragraph (4)— away and Homeless Youth Act (42 U.S.C. cisions or funding for the grants is delayed, (A) by striking ‘‘is authorized’’ and insert- 5715(a)) is amended by striking ‘‘, and E’’ and such as when funding is delayed due to fund- ing ‘‘are authorized’’; and inserting ‘‘, E, and F’’. ing of a program through appropriations (B) by striking ‘‘such sums as may be nec- (b) CONSOLIDATED REVIEW.—Section 385 of made under a continuing resolution; and essary for fiscal years 2004, 2005, 2006, 2007, the Runaway and Homeless Youth Act (42 (E) the plans for implementation of, and and 2008’’ and inserting ‘‘$30,000,000 for fiscal U.S.C. 5731a) is amended by striking ‘‘, and the implementation of, where practicable, year 2009 and such sums as may be necessary E’’ and inserting ‘‘, E, and F’’. the technical assistance and training pro- for fiscal years 2010, 2011, 2012, and 2013’’; and (c) EVALUATION AND INFORMATION.—Section grams carried out under section 342 of the (4) by adding at the end the following: 386(a) of the Runaway and Homeless Youth Runaway and Homeless Youth Act (42 U.S.C. ‘‘(5) PART F.—There are authorized to be Act (42 U.S.C. 5732(a)) is amended by striking 5714–22), and the effect of such programs on appropriated to carry out part F $3,000,000 for ‘‘, or E’’ and inserting ‘‘, E, or F’’. the application process for the grants. fiscal year 2009 and such sums as may be nec- SEC. 2110. PERFORMANCE STANDARDS. (b) REPORT.—Not later than 1 year after essary for fiscal years 2010, 2011, 2012, and Part G of the Runaway and Homeless the date of enactment of this Act, the Comp- 2013.’’. Youth Act (42 U.S.C. 5714a et seq.), as redes- troller General shall prepare and submit to Subtitle B—Emmett Till Unsolved Civil ignated by section 2108, is amended by in- the Committee on Education and Labor of Rights Crimes Act of 2007 serting after section 386 the following: the House of Representatives and the Com- SEC. 2201. SHORT TITLE. ‘‘SEC. 386A. PERFORMANCE STANDARDS. mittee on the Judiciary of the Senate a re- This subtitle may be cited as the ‘‘Emmett ‘‘(a) ESTABLISHMENT OF PERFORMANCE port containing the findings and rec- Till Unsolved Civil Rights Crime Act of STANDARDS.—Not later than 1 year after the ommendations resulting from the study. 2007’’. date of enactment of the Reconnecting SEC. 2112. DEFINITIONS. SEC. 2202. SENSE OF CONGRESS. Homeless Youth Act of 2008, the Secretary (a) HOMELESS YOUTH.—Section 387(3) of the It is the sense of Congress that all authori- shall issue rules that specify performance Runaway and Homeless Youth Act (42 U.S.C. ties with jurisdiction, including the Federal standards for public and nonprofit private 5732a(3)) is amended— Bureau of Investigation and other entities entities and agencies that receive grants (1) in the matter preceding subparagraph within the Department of Justice, should— under sections 311, 321, and 351. (A), by striking ‘‘The’’ and all that follows (1) expeditiously investigate unsolved civil ‘‘(b) CONSULTATION.—The Secretary shall through ‘‘means’’ and inserting ‘‘The term rights murders, due to the amount of time consult with representatives of public and ‘homeless’, used with respect to a youth, that has passed since the murders and the nonprofit private entities and agencies that means’’; and age of potential witnesses; and receive grants under this title, including (2) in subparagraph (A)— (2) provide all the resources necessary to statewide and regional nonprofit organiza- (A) in clause (i)— ensure timely and thorough investigations in tions (including combinations of such orga- (i) by striking ‘‘not more than’’ each place the cases involved. nizations) that receive grants under this it appears and inserting ‘‘less than’’; and SEC. 2203. DEPUTY CHIEF OF THE CRIMINAL SEC- title, and national nonprofit organizations (ii) by inserting after ‘‘age’’ the last place TION OF THE CIVIL RIGHTS DIVI- concerned with youth homelessness, in de- it appears the following: ‘‘, or is less than a SION. veloping the performance standards required higher maximum age if the State where the (a) IN GENERAL.—The Attorney General by subsection (a). center is located has an applicable State or shall designate a Deputy Chief in the Crimi- ‘‘(c) IMPLEMENTATION OF PERFORMANCE local law (including a regulation) that per- nal Section of the Civil Rights Division of STANDARDS.—The Secretary shall integrate mits such higher maximum age in compli- the Department of Justice (in this subtitle the performance standards into the processes ance with licensure requirements for child- referred to as the ‘‘Deputy Chief’’). of the Department of Health and Human and youth-serving facilities’’; and (b) RESPONSIBILITY.—

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(1) IN GENERAL.—The Deputy Chief shall be $2,000,000 for each of fiscal years 2008 through Subtitle C—Mentally Ill Offender Treatment responsible for coordinating the investiga- 2017 to carry out this section. and Crime Reduction Reauthorization and tion and prosecution of violations of crimi- SEC. 2206. AUTHORIZATION OF APPROPRIATIONS. Improvement Act of 2008 nal civil rights statutes that occurred not (a) IN GENERAL.—There are authorized to SEC. 2301. SHORT TITLE. later than December 31, 1969, and resulted in be appropriated, in addition to any other This subtitle may be cited as the ‘‘Men- a death. amounts otherwise authorized to be appro- tally Ill Offender Treatment and Crime Re- (2) COORDINATION.—In investigating a com- priated for this purpose, to the Attorney duction Reauthorization and Improvement plaint under paragraph (1), the Deputy Chief General $10,000,000 for each of fiscal years Act of 2008’’. may coordinate investigative activities with 2008 through 2017 for investigating and pros- SEC. 2302. FINDINGS. State and local law enforcement officials. ecuting violations of criminal civil rights Congress finds the following: (c) STUDY AND REPORT.— statutes that occurred not later than Decem- (1) Communities nationwide are struggling (1) STUDY.—The Attorney General shall an- ber 31, 1969, and resulted in a death. Amounts to respond to the high numbers of people nually conduct a study of the cases under appropriated pursuant to this subsection the jurisdiction of the Deputy Chief or under with mental illnesses involved at all points shall be allocated by the Attorney General in the criminal justice system. the jurisdiction of the Supervisory Special to the Deputy Chief and the Supervisory Agent and, in conducting the study, shall de- (2) A 1999 study by the Department of Jus- Special Agent in order to advance the pur- tice estimated that 16 percent of people in- termine— poses set forth in this subtitle. (A) the number of open investigations carcerated in prisons and jails in the United (b) COMMUNITY RELATIONS SERVICE OF THE States, which is more than 300,000 people, within the Department of Justice for viola- DEPARTMENT OF JUSTICE.—In addition to any tions of criminal civil rights statutes that suffer from mental illnesses. amounts authorized to be appropriated under (3) Los Angeles County Jail and New occurred not later than December 31, 1969; title XI of the Civil Rights Act of 1964 (42 (B) the number of new cases opened pursu- York’s Rikers Island jail complex hold more U.S.C. 2000h et seq.), there are authorized to people with mental illnesses than the largest ant to this subtitle since the most recent be appropriated to the Community Relations study conducted under this paragraph; psychiatric inpatient facilities in the United Service of the Department of Justice States. (C) the number of unsealed Federal cases $1,500,000 for fiscal year 2008 and each subse- charged within the study period, including (4) State prisoners with a mental health quent fiscal year, to enable the Community problem are twice as likely as those without the case names, the jurisdiction in which the Relations Service (in carrying out the func- charges were brought, and the date the a mental health problem to have been home- tions described in title X of such Act (42 less in the year before their arrest. charges were filed; U.S.C. 2000g et seq.)) to provide technical as- (D) the number of cases referred by the De- sistance by bringing together law enforce- SEC. 2303. REAUTHORIZATION OF THE ADULT partment of Justice to a State or local law AND JUVENILE COLLABORATION ment agencies and communities in the inves- PROGRAM GRANTS. enforcement agency or prosecutor within the tigation of violations of criminal civil rights (a) AUTHORIZATION OF APPROPRIATIONS study period, the number of such cases that statutes, in cases described in section 2204(b). THROUGH 2014.—Section 2991(h) of title I of resulted in State charges being filed, the ju- SEC. 2207. DEFINITION OF CRIMINAL CIVIL the Omnibus Crime Control and Safe Streets risdiction in which such charges were filed, RIGHTS STATUTES. Act of 1968 (42 U.S.C. 3793aa(h)) is amended— the date the charges were filed, and if a ju- In this subtitle, the term ‘‘criminal civil (1) in paragraph (1), by striking at the end risdiction declines to prosecute or partici- rights statutes’’ means— ‘‘and’’; pate in an investigation of a case so referred, (1) section 241 of title 18, United States (2) in paragraph (2), by striking ‘‘for fiscal the fact it did so; Code (relating to conspiracy against rights); years 2006 through 2009.’’ and inserting ‘‘for (E) the number of cases within the study (2) section 242 of title 18, United States each of the fiscal years 2006 and 2007; and’’; period that were closed without Federal Code (relating to deprivation of rights under and prosecution, the case names of unsealed Fed- color of law); (3) by adding at the end the following new eral cases, the dates the cases were closed, (3) section 245 of title 18, United States paragraph: and the relevant Federal statutes; Code (relating to federally protected activi- ‘‘(3) $75,000,000 for each of the fiscal years (F) the number of attorneys who worked, ties); 2009 through 2014.’’. in whole or in part, on any case described in (4) sections 1581 and 1584 of title 18, United (b) ALLOCATION OF FUNDING FOR ADMINIS- subsection (b)(1); and States Code (relating to involuntary ser- TRATIVE PURPOSES.—Section 2991(h) of such (G) the applications submitted for grants vitude and peonage); title is further amended— under section 2205, the award of such grants, (5) section 901 of the Fair Housing Act (42 (1) by redesignating paragraphs (1), (2), and and the purposes for which the grant amount U.S.C. 3631); and (3) (as added by subsection (a)(3)) as subpara- were expended. (6) any other Federal law that— graphs (A), (B), and (C), respectively, and ad- (2) REPORT.—Not later than 6 months after (A) was in effect on or before December 31, justing the margins accordingly; the date of enactment of this Act, and every 1969; and (2) by striking ‘‘There are authorized’’ and 12 months thereafter, the Attorney General (B) the Criminal Section of the Civil inserting ‘‘(1) IN GENERAL.—There are au- shall prepare and submit to Congress a re- Rights Division of the Department of Justice thorized’’; and port containing the results of the study con- enforced, before the date of enactment of (3) by adding at the end the following new ducted under paragraph (1). this Act. paragraph: SEC. 2204. SUPERVISORY SPECIAL AGENT IN THE SEC. 2208. SUNSET. ‘‘(2) ALLOCATION OF FUNDING FOR ADMINIS- CIVIL RIGHTS UNIT OF THE FED- Sections 2202 through 2206 of this subtitle TRATIVE URPOSES ERAL BUREAU OF INVESTIGATION. P .—For fiscal year 2009 and shall cease to have force or effect at the end each subsequent fiscal year, of the amounts (a) IN GENERAL.—The Attorney General shall designate a Supervisory Special Agent of fiscal year 2017. authorized under paragraph (1) for such fis- in the Civil Rights Unit of the Federal Bu- SEC. 2209. AUTHORITY OF INSPECTORS GEN- cal year, the Attorney General may obligate reau of Investigation of the Department of ERAL. not more than 3 percent for the administra- Justice (in this subtitle referred to as the Title XXXVII of the Crime Control Act of tive expenses of the Attorney General in car- ‘‘Supervisory Special Agent’’). 1990 (42 U.S.C. 5779 et seq.) is amended by rying out this section for such fiscal year.’’. (b) RESPONSIBILITY.— adding at the end the following: (c) ADDITIONAL APPLICATIONS RECEIVING (1) IN GENERAL.—The Supervisory Special ‘‘SEC. 3703. AUTHORITY OF INSPECTORS GEN- PRIORITY.—Subsection (c) of such section is Agent shall be responsible for investigating ERAL. amended to read as follows: violations of criminal civil rights statutes ‘‘(a) IN GENERAL.—An Inspector General ‘‘(c) PRIORITY.—The Attorney General, in that occurred not later than December 31, appointed under section 3 or 8G of the In- awarding funds under this section, shall give 1969, and resulted in a death. spector General Act of 1978 (5 U.S.C. App.) priority to applications that— (2) COORDINATION.—In investigating a com- may authorize staff to assist the National ‘‘(1) promote effective strategies by law en- plaint under paragraph (1), the Supervisory Center for Missing and Exploited Children— forcement to identify and to reduce risk of Special Agent may coordinate the investiga- ‘‘(1) by conducting reviews of inactive case harm to mentally ill offenders and public tive activities with State and local law en- files to develop recommendations for further safety; forcement officials. investigations; and ‘‘(2) promote effective strategies for identi- SEC. 2205. GRANTS TO STATE AND LOCAL LAW ‘‘(2) by engaging in similar activities. fication and treatment of female mentally ill ENFORCEMENT. ‘‘(b) LIMITATIONS.— offenders; or (a) IN GENERAL.—The Attorney General ‘‘(1) PRIORITY.—An Inspector General may ‘‘(3)(A) demonstrate the strongest commit- may make grants to State or local law en- not permit staff to engage in activities de- ment to ensuring that such funds are used to forcement agencies for expenses associated scribed in subsection (a) if such activities promote both public health and public safe- with the investigation and prosecution of will interfere with the duties of the Inspec- ty; criminal offenses, involving civil rights, that tor General under the Inspector General Act ‘‘(B) demonstrate the active participation occurred not later than December 31, 1969, of 1978 (5 U.S.C. App.). of each co-applicant in the administration of and resulted in a death. ‘‘(2) FUNDING.—No additional funds are au- the collaboration program; (b) AUTHORIZATION OF APPROPRIATIONS.— thorized to be appropriated to carry out this ‘‘(C) document, in the case of an applica- There are authorized to be appropriated section.’’. tion for a grant to be used in whole or in part

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7043 to fund treatment services for adults or juve- 1001(a)(20) of title I of the Omnibus Crime SEC. 7402. FINDINGS. niles during periods of incarceration or de- Control and Safe Streets Act of 1968 (42 Congress finds the following: tention, that treatment programs will be U.S.C. 3793(a)(20)) is amended by striking (1) Child pornography is estimated to be a available to provide transition and reentry ‘‘fiscal years 2001 through 2004’’ and inserting multibillion dollar industry of global propor- services for such individuals; and ‘‘fiscal years 2009 through 2014’’. tions, facilitated by the growth of the Inter- ‘‘(D) have the support of both the Attorney (b) ADDITIONAL GRANT USES AUTHORIZED.— net. General and the Secretary.’’. Section 2201 of such title (42 U.S.C. 3796ii) is (2) Data has shown that 83 percent of child SEC. 2304. LAW ENFORCEMENT RESPONSE TO amended— pornography possessors had images of chil- MENTALLY ILL OFFENDERS IM- (1) in paragraph (1), by striking ‘‘and’’ at dren younger than 12 years old, 39 percent PROVEMENT GRANTS. the end; had images of children younger than 6 years (a) IN GENERAL.—Part HH of title I of the (2) in paragraph (2) by striking the period old, and 19 percent had images of children Omnibus Crime Control and Safe Streets Act at the end and inserting a semicolon; and younger than 3 years old. of 1968 (42 U.S.C. 3797aa) is amended by add- (3) by adding at the end the following new (3) Child pornography is a permanent ing at the end the following new section: paragraphs: record of a child’s abuse and the distribution ‘‘SEC. 2992. LAW ENFORCEMENT RESPONSE TO ‘‘(3) pretrial services and related treatment of child pornography images revictimizes the MENTALLY ILL OFFENDERS IM- programs for offenders with mental illnesses; child each time the image is viewed. PROVEMENT GRANTS. and (4) Child pornography is readily available ‘‘(a) AUTHORIZATION.—The Attorney Gen- ‘‘(4) developing, implementing, or expand- through virtually every Internet technology, ing programs that are alternatives to incar- eral is authorized to make grants to States, including Web sites, email, instant mes- ceration for offenders with mental ill- units of local government, Indian tribes, and saging, Internet Relay Chat, newsgroups, nesses.’’. tribal organizations for the following pur- bulletin boards, and peer-to-peer. poses: SEC. 2306. EXAMINATION AND REPORT ON PREV- (5) The technological ease, lack of expense, ‘‘(1) TRAINING PROGRAMS.—To provide for ALENCE OF MENTALLY ILL OFFEND- ERS. and anonymity in obtaining and distributing programs that offer law enforcement per- child pornography over the Internet has re- sonnel specialized and comprehensive train- (a) IN GENERAL.— (1) IN GENERAL.—The Attorney General sulted in an explosion in the multijuris- ing in procedures to identify and respond ap- dictional distribution of child pornography. propriately to incidents in which the unique shall examine and report on mental illness and the criminal justice system. (6) The Internet is well recognized as a needs of individuals with mental illnesses method of distributing goods and services are involved. (2) SCOPE.—Congress encourages the Attor- ney General to specifically examine the fol- across State lines. ‘‘(2) RECEIVING CENTERS.—To provide for (7) The transmission of child pornography the development of specialized receiving cen- lowing: (A) POPULATIONS.—The rate of occurrence using the Internet constitutes transpor- ters to assess individuals in the custody of tation in interstate commerce. law enforcement personnel for suicide risk of serious mental illnesses in each of the fol- and mental health and substance abuse lowing populations: SEC. 7403. CLARIFYING BAN OF CHILD PORNOG- RAPHY. treatment needs. (i) Individuals, including juveniles, on pro- (a) IN GENERAL.—Chapter 110 of title 18, ‘‘(3) IMPROVED TECHNOLOGY.—To provide for bation. computerized information systems (or to im- (ii) Individuals, including juveniles, incar- United States Code, is amended— prove existing systems) to provide timely in- cerated in a jail. (1) in section 2251— formation to law enforcement personnel and (iii) Individuals, including juveniles, incar- (A) in each of subsections (a), (b), and (d), criminal justice system personnel to im- cerated in a prison. by inserting ‘‘using any means or facility of prove the response of such respective per- (iv) Individuals, including juveniles, on pa- interstate or foreign commerce or’’ after ‘‘be sonnel to mentally ill offenders. role. transported’’; (B) in each of subsections (a) and (b), by in- ‘‘(4) COOPERATIVE PROGRAMS.—To provide (B) BENEFITS.—The percentage of individ- for the establishment and expansion of coop- uals in each population described in subpara- serting ‘‘using any means or facility of inter- erative efforts by criminal and juvenile jus- graph (A) who have— state or foreign commerce or’’ after ‘‘been tice agencies and mental health agencies to (i) a serious mental illness; and transported’’; promote public safety through the use of ef- (ii) received disability benefits under title (C) in subsection (c), by striking ‘‘com- fective intervention with respect to men- II or title XVI of the Social Security Act (42 puter’’ each place that term appears and in- tally ill offenders. U.S.C. 401 et seq. and 1381 et seq.). serting ‘‘using any means or facility of inter- state or foreign commerce’’; and ‘‘(5) CAMPUS SECURITY PERSONNEL TRAIN- (b) REPORT.—Not later than 36 months after the date of the enactment of this Act, (D) in subsection (d), by inserting ‘‘using ING.—To provide for programs that offer campus security personnel training in proce- the Attorney General shall submit to Con- any means or facility of interstate or foreign dures to identify and respond appropriately gress the report described in subsection (a). commerce or’’ after ‘‘is transported’’; (c) DEFINITIONS.—In this section— to incidents in which the unique needs of in- (2) in section 2251A(c), by inserting ‘‘using (1) the term ‘‘serious mental illness’’ dividuals with mental illnesses are involved. any means or facility of interstate or foreign means that an individual has, or at any time ‘‘(b) BJA TRAINING MODELS.—For purposes commerce or’’ after ‘‘or transported’’; of subsection (a)(1), the Director of the Bu- during the 1-year period ending on the date (3) in section 2252(a)— reau of Justice Assistance shall develop of enactment of this Act had, a covered men- (A) in paragraph (1), by inserting ‘‘using training models for training law enforce- tal, behavioral, or emotional disorder; and any means or facility of interstate or foreign ment personnel in procedures to identify and (2) the term ‘‘covered mental, behavioral, commerce or’’ after ‘‘ships’’; respond appropriately to incidents in which or emotional disorder’’— (B) in paragraph (2)— the unique needs of individuals with mental (A) means a diagnosable mental, behav- (i) by inserting ‘‘using any means or facil- illnesses are involved, including suicide pre- ioral, or emotional disorder of sufficient du- ity of interstate or foreign commerce or’’ vention. ration to meet diagnostic criteria specified after ‘‘distributes, any visual depiction’’; and ‘‘(c) MATCHING FUNDS.—The Federal share within the Diagnostic and Statistical Man- (ii) by inserting ‘‘using any means or facil- of funds for a program funded by a grant re- ual of Mental Disorders, Fourth Edition, or ity of interstate or foreign commerce or’’ ceived under this section may not exceed 75 the International Classification of Diseases, after ‘‘depiction for distribution’’; percent of the costs of the program unless Ninth Revision, Clinical Modification equiv- (C) in paragraph (3)— the Attorney General waives, wholly or in alent of the Diagnostic and Statistical Man- (i) by inserting ‘‘using any means or facil- part, such funding limitation. The non-Fed- ual of Mental Disorders, Fourth Edition; and ity of interstate or foreign commerce’’ after eral share of payments made for such a pro- (B) does not include a disorder that has a ‘‘so shipped or transported’’; and gram may be made in cash or in-kind fairly V code within the Diagnostic and Statistical (ii) by striking ‘‘by any means,’’; and evaluated, including planned equipment or Manual of Mental Disorders, Fourth Edition, (D) in paragraph (4), by inserting ‘‘using services. a substance use disorder, or a developmental any means or facility of interstate or foreign ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— disorder, unless that disorder cooccurs with commerce or’’ after ‘‘has been shipped or There are authorized to be appropriated to another disorder described in subparagraph transported’’; and the Department of Justice to carry out this (A) and causes functional impairment which (4) in section 2252A(a)— section $10,000,000 for each of the fiscal years substantially interferes with or limits 1 or (A) in paragraph (1), by inserting ‘‘using 2009 through 2014.’’. more major life activities. any means or facility of interstate or foreign (b) CONFORMING AMENDMENT.—Such part is (d) AUTHORIZATION OF APPROPRIATIONS.— commerce or’’ after ‘‘ships’’; further amended by amending the part head- There are authorized to be appropriated to (B) in paragraph (2), by inserting ‘‘using ing to read as follows: ‘‘GRANTS TO IM- carry out this section $2,000,000 for 2009. any means or facility of interstate or foreign PROVE TREATMENT OF OFFENDERS WITH Subtitle D—Effective Child Pornography commerce’’ after ‘‘mailed, or’’ each place it MENTAL ILLNESSES’’. Prosecution Act of 2007 appears; SEC. 2305. IMPROVING THE MENTAL HEALTH SEC. 7401. SHORT TITLE. (C) in paragraph (3), by inserting ‘‘using COURTS GRANT PROGRAM. This subtitle may be cited as the ‘‘Effec- any means or facility of interstate or foreign (a) REAUTHORIZATION OF THE MENTAL tive Child Pornography Prosecution Act of commerce or’’ after ‘‘mails, or’’ each place it HEALTH COURTS GRANT PROGRAM.—Section 2007’’. appears;

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(D) in each of paragraphs (4) and (5), by in- SEC. 2702. STAR-SPANGLED BANNER AND WAR OF (1) IN GENERAL.—There is established a serting ‘‘using any means or facility of inter- 1812 BICENTENNIAL COMMISSION. commission to be known as the ‘‘Star-Span- state or foreign commerce or’’ after ‘‘has (a) FINDINGS.—Congress finds that— gled Banner and War of 1812 Bicentennial been mailed, or shipped or transported’’; and (1) the War of 1812 served as a crucial test Commission’’. (E) in paragraph (6), by inserting ‘‘using for the United States Constitution and the (2) MEMBERSHIP.— any means or facility of interstate or foreign newly established democratic Government; (A) IN GENERAL.—The Commission shall be commerce or’’ after ‘‘has been mailed, (2) vast regions of the new multiparty de- composed of 22 members, of whom— shipped, or transported’’. mocracy, including the Chesapeake Bay, the (i) 11 members shall be qualified citizens (b) AFFECTING INTERSTATE COMMERCE.— Gulf of Mexico and the Niagara Frontier, appointed by the Secretary after consider- Chapter 110 of title 18, United States Code, is were affected by the War of 1812 including ation of nominations submitted by the Gov- amended in each of sections 2251, 2251A, 2252, the States of Alabama, Connecticut, Dela- ernors of Alabama, Kentucky, Indiana, Lou- and 2252A, by striking ‘‘in interstate’’ each ware, Florida, Georgia, Iowa, Illinois, Indi- isiana, Maine, Maryland, Michigan, New place it appears and inserting ‘‘in or affect- ana, Kentucky, Louisiana, Massachusetts, York, Ohio, Vermont, and Virginia; ing interstate’’. Maryland, Maine, Michigan, Missouri, Mis- (ii) 3 members shall be qualified citizens (c) CERTAIN ACTIVITIES RELATING TO MATE- sissippi, New Jersey, North Carolina, New appointed by the Secretary after consider- RIAL INVOLVING THE SEXUAL EXPLOITATION OF Hampshire, New York, Ohio, Oregon, Penn- ation of nominations submitted by the May- MINORS.—Section 2252(a)(3)(B) of title 18, sylvania, Rhode Island, South Carolina, Ten- ors of the District of Columbia, the City of United States Code, is amended by inserting nessee, Virginia, Vermont, Wisconsin, West Baltimore, and the City of New Orleans; ‘‘, shipped, or transported using any means Virginia, and the District of Columbia; (iii) 2 members shall be employees of the or facility of interstate or foreign com- (3) the British occupation of American ter- National Park Service, of whom— merce’’ after ‘‘that has been mailed’’. ritory along the Great Lakes and in other re- (I) 1 shall be the Director of the National (d) CERTAIN ACTIVITIES RELATING TO MATE- gions, the burning of Washington, DC, the Park Service (or a designee); and RIAL CONSTITUTING OR CONTAINING CHILD POR- American victories at Fort McHenry, New (II) 1 shall be an employee of the National NOGRAPHY.—Section 2252A(a)(6)(C) of title 18, Orleans, and Plattsburgh, among other bat- Park Service having experience relevant to United States Code, is amended by striking tles, had far reaching effects on American so- the commemoration; ‘‘or by transmitting’’ and all that follows ciety; (iv) 4 members shall be qualified citizens through ‘‘by computer,’’ and inserting ‘‘or (4) at the Battle of Baltimore, Francis appointed by the Secretary with consider- any means or facility of interstate or foreign Scott Key wrote the poem that celebrated ation of recommendations— commerce,’’. the flag and later was titled ‘‘the Star-Span- (I) 1 of which are submitted by the major- gled Banner’’; ity leader of the Senate; Subtitle E—Enhancing the Effective Prosecu- (II) 1 of which are submitted by the minor- tion of Child Pornography Act of 2007 (5) the poem led to the establishment of the flag as an American icon and became the ity leader of the Senate; SEC. 2501. SHORT TITLE. words of the national anthem of the United (III) 1 of which are submitted by the major- This subtitle may be cited as the ‘‘Enhanc- States in 1932; and ity leader of the House of Representatives; ing the Effective Prosecution of Child Por- (6) it is in the national interest to provide and nography Act of 2007’’. for appropriate commemorative activities to (IV) 1 of which are submitted by the minor- SEC. 2502. MONEY LAUNDERING PREDICATE. maximize public understanding of the mean- ity leader of the House of Representatives; and Section 1956(c)(7)(D) of title 18, United ing of the War of 1812 in the history of the (v) 2 members shall be appointed by the States Code, is amended by inserting ‘‘sec- United States. tion 2252A (relating to child pornography) Secretary from among individuals with ex- (b) PURPOSES.—The purposes of this section pertise in the history of the War of 1812. where the child pornography contains a vis- are to— (B) DATE OF APPOINTMENTS.—The appoint- ual depiction of an actual minor engaging in (1) establish the Star-Spangled Banner and sexually explicit conduct, section 2260 (pro- ment of a member of the Commission shall War of 1812 Commemoration Commission; be made not later than 120 days after the duction of certain child pornography for im- (2) ensure a suitable national observance of portation into the United States),’’ before date of enactment of this Act. the War of 1812 by complementing, cooper- (3) TERM; VACANCIES.— ‘‘section 2280’’. ating with, and providing assistance to the (A) TERM.—A member shall be appointed SEC. 2503. KNOWINGLY ACCESSING CHILD POR- programs and activities of the various States for the life of the Commission. NOGRAPHY WITH THE INTENT TO involved in the commemoration; ACANCIES VIEW CHILD PORNOGRAPHY. (B) V .—A vacancy on the Commis- (3) encourage War of 1812 observances that sion— (a) MATERIALS INVOLVING SEXUAL EXPLOI- provide an excellent visitor experience and (i) shall not affect the powers of the Com- TATION OF MINORS.—Section 2252(a)(4) of title beneficial interaction between visitors and mission; and 18, United States Code, is amended— the natural and cultural resources of the (ii) shall be filled in the same manner as (1) in subparagraph (A), by inserting ‘‘, or various War of 1812 sites; the original appointment was made. knowingly accesses with intent to view,’’ (4) facilitate international involvement in (4) VOTING.— after ‘‘possesses’’; and the War of 1812 observances; (A) IN GENERAL.—The Commission shall act (2) in subparagraph (B), by inserting ‘‘, or (5) support and facilitate marketing efforts only on an affirmative vote of a majority of knowingly accesses with intent to view,’’ for a commemorative coin, stamp, and re- the members of the Commission. after ‘‘possesses’’. lated activities for the War of 1812 observ- (B) QUORUM.—A majority of the members (b) MATERIALS CONSTITUTING OR CON- ances; and of the Commission shall constitute a TAINING CHILD PORNOGRAPHY.—Section (6) promote the protection of War of 1812 quorum. 2252A(a)(5) of title 18, United States Code, is resources and assist in the appropriate devel- (5) CHAIRPERSON AND VICE CHAIRPERSON.— amended— opment of heritage tourism and economic (A) SELECTION.—The Commission shall se- (1) in subparagraph (A), by inserting ‘‘, or benefits to the United States. lect a chairperson and a vice chairperson knowingly accesses with intent to view,’’ (c) DEFINITIONS.—In this section: from among the members of the Commis- after ‘‘possesses’’; and (1) COMMEMORATION.—The term ‘‘com- sion. (2) in subparagraph (B), by inserting ‘‘, or memoration’’ means the commemoration of (B) ABSENCE OF CHAIRPERSON.—The vice knowingly accesses with intent to view,’’ the War of 1812. chairperson shall act as chairperson in the after ‘‘possesses’’. (2) COMMISSION.—The term ‘‘Commission’’ absence of the chairperson. Subtitle F—Drug Endangered Children Act of means the Star-Spangled Banner and War of (6) INITIAL MEETING.—Not later than 60 2007 1812 Bicentennial Commission established in days after the date on which all members of SEC. 2601. SHORT TITLE. subsection (d)(1). the Commission have been appointed and This subtitle may be cited as the ‘‘Drug (3) QUALIFIED CITIZEN.—The term ‘‘quali- funds have been provided, the Commission Endangered Children Act of 2007’’. fied citizen’’ means a citizen of the United shall hold the initial meeting of the Commis- States with an interest in, support for, and SEC. 2602. DRUG-ENDANGERED CHILDREN sion. GRANT PROGRAM EXTENDED. expertise appropriate to the commemora- (7) MEETINGS.—Not less than twice a year, tion. Section 755(c) of the USA PATRIOT Im- the Commission shall meet at the call of the (4) SECRETARY.—The term ‘‘Secretary’’ provement and Reauthorization Act of 2005 chairperson or a majority of the members of means the Secretary of the Interior. (42 U.S.C. 3797cc–2(c)) is amended by striking the Commission. (5) STATES.—The term ‘‘States’’— ‘‘fiscal years 2006 and 2007’’ and inserting (8) REMOVAL.—Any member who fails to at- (A) means the States of Alabama, Ken- ‘‘fiscal years 2008 and 2009’’. tend 3 successive meetings of the Commis- tucky, Indiana, Louisiana, Maryland, sion or who otherwise fails to participate Subtitle G—Star-Spangled Banner and War of Vermont, Virginia, New York, Maine, Michi- substantively in the work of the Commission 1812 Bicentennial Commission Act gan, and Ohio; and may be removed by the Secretary and the SEC. 2701. SHORT TITLE. (B) includes agencies and entities of each vacancy shall be filled in the same manner This subtitle may be cited as the ‘‘Star- State. as the original appointment was made. Mem- Spangled Banner and War of 1812 Bicenten- (d) STAR-SPANGLED BANNER AND WAR OF bers serve at the discretion of the Secretary. nial Commission Act’’. 1812 COMMEMORATION COMMISSION.— (e) DUTIES.—

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(1) IN GENERAL.—The Commission shall— as other agencies of the Federal Govern- chapter III of chapter 53 of title 5, United (A) plan, encourage, develop, execute, and ment; and States Code, relating to classification of po- coordinate programs, observances, and ac- (E) make grants to communities, non- sitions and General Schedule pay rates. tivities commemorating the historic events profit, commemorative commissions or orga- (ii) MAXIMUM RATE OF PAY.—The rate of that preceded and are associated with the nizations, and research and scholarly organi- basic pay for the executive director and War of 1812; zations to develop programs and products to other personnel shall not exceed the rate (B) facilitate the commemoration through- assist in researching, publishing, marketing, payable for level V of the Executive Sched- out the United States and internationally; and distributing information relating to the ule under section 5316 of title 5, United (C) coordinate the activities of the Com- commemoration. States Code. mission with State commemoration commis- (2) LEGAL AGREEMENTS.— (3) GOVERNMENT EMPLOYEES.— sions, the National Park Service, the Depart- (A) IN GENERAL.—In carrying out this sec- (A) FEDERAL EMPLOYEES.— ment of Defense, and other appropriate Fed- tion, the Commission may— (i) SERVICE ON COMMISSION.—A member of eral agencies; (i) procure supplies, services, and property; the Commission who is an officer or em- (D) encourage civic, patriotic, historical, and ployee of the Federal Government shall serve educational, religious, economic, tourism, (ii) make or enter into contracts, leases, or without compensation in addition to the and other organizations throughout the other legal agreements. compensation received for the services of the United States to organize and participate in (B) LENGTH.—Any contract, lease, or other member as an officer or employee of the Fed- the commemoration to expand the under- legal agreement made or entered into by the eral Government. standing and appreciation of the significance Commission shall not extend beyond the (ii) DETAIL.—At the request of the Commis- of the War of 1812; date of termination of the Commission. sion, the head of any Federal agency may de- (E) provide technical assistance to States, (3) INFORMATION FROM FEDERAL AGENCIES.— tail, on a reimbursable or nonreimbursable localities, units of the National Park Sys- (A) IN GENERAL.—The Commission may se- basis, any of the personnel of the agency to tem, and nonprofit organizations to further cure directly from a Federal agency such in- the Commission to assist the Commission in the commemoration and commemorative formation as the Commission considers nec- carrying out the duties of the Commission events; essary to carry out this section. under this section. (F) coordinate and facilitate scholarly re- (B) PROVISION OF INFORMATION.—On request (iii) CIVIL SERVICE STATUS.—Notwith- search on, publication about, and interpreta- of the Chairperson of the Commission, the standing any other provisions in this sub- tion of the people and events associated with head of the agency shall provide the informa- section, Federal employees who serve on the the War of 1812; tion to the Commission in accordance with Commission, are detailed to the Commission, (G) design, develop, and provide for the applicable laws. or otherwise provide services under this sec- maintenance of an exhibit that will travel (4) FACA NONAPPLICABILITY.—Section 14(b) tion, shall continue to be Federal employees throughout the United States during the of the Federal Advisory Committee Act (5 for the purpose of any law specific to Federal commemoration period to interpret events of U.S.C. App.) shall not apply to the Commis- employees, without interruption or loss of the War of 1812 for the educational benefit of sion. civil service status or privilege. the citizens of the United States; (5) NO EFFECT ON AUTHORITY.—Nothing in (B) STATE EMPLOYEES.—The Commission this section supersedes the authority of the may— (H) ensure that War of 1812 commemora- States or the National Park Service con- (i) accept the services of personnel detailed tions provide a lasting legacy and long-term cerning the commemoration. from States (including subdivisions of public benefit leading to protection of the (g) PERSONNEL MATTERS.— States) under subchapter VI of chapter 33 of natural and cultural resources associated (1) MEMBERS OF THE COMMISSION.— title 5, United States Code; and with the War of 1812; and (A) IN GENERAL.—Except as provided in (ii) reimburse States for services of de- (I) examine and review essential facilities paragraph (3)(A), a member of the Commis- tailed personnel. and infrastructure at War of 1812 sites and sion shall serve without compensation. (4) MEMBERS OF ADVISORY COMMITTEES.— identify possible improvements that could be (B) TRAVEL EXPENSES.—A member of the Members of advisory committees appointed made to enhance and maximize visitor expe- Commission shall be allowed travel expenses, under subsection (f)(1)(B)— rience at the sites. including per diem in lieu of subsistence, at (A) shall not be considered employees of (2) STRATEGIC PLAN; ANNUAL PERFORMANCE rates authorized for an employee of an agen- the Federal Government by reason of service PLANS.—The Commission shall prepare a cy under subchapter I of chapter 57 of title 5, on the committees for the purpose of any law strategic plan and annual performance plans United States Code, while away from the specific to Federal employees, except for the for any activity carried out by the Commis- home or regular place of business of the purposes of chapter 11 of title 18, United sion under this section. member in the performance of the duties of States Code, relating to conflicts of interest; (3) REPORTS.— the Commission. and (A) ANNUAL REPORT.—The Commission (C) STATUS.—A member of the Commission, (B) may be paid travel expenses, including shall submit to Congress an annual report who is not otherwise a Federal employee, per diem in lieu of subsistence, at rates au- that contains a list of each gift, bequest, or shall be considered a Federal employee only thorized for an employee of an agency under devise to the Commission with a value of for purposes of the provisions of law related subchapter I of chapter 57 of title 5, United more than $250, together with the identity of to ethics, conflicts of interest, corruption, States Code, while away from the home or the donor of each gift, bequest, or devise. and any other criminal or civil statute or regular place of business of the member in (B) FINAL REPORT.—Not later than Sep- regulation governing the conduct of Federal the performance of the duties of the com- tember 30, 2015, the Commission shall submit employees. mittee. to the Secretary and Congress a final report (2) EXECUTIVE DIRECTOR AND OTHER STAFF.— (5) VOLUNTEER AND UNCOMPENSATED SERV- that includes— (A) IN GENERAL.—The Chairperson of the ICES.—Notwithstanding section 1342 of title (i) a summary of the activities of the Com- Commission may, without regard to the pro- 31, United States Code, the Commission may mission; visions of title 5, United States Code, gov- accept and use such voluntary and uncom- (ii) a final accounting of any funds re- erning appointments in the competitive pensated services as the Commission deter- ceived or expended by the Commission; and service and termination of employees (in- mines necessary. (iii) the final disposition of any histori- cluding regulations), appoint and terminate (6) SUPPORT SERVICES.—The Director of the cally significant items acquired by the Com- an executive director, subject to confirma- National Park Service shall provide to the mission and other properties not previously tion by the Commission, and appoint and Commission, on a reimbursable basis, such reported. terminate such other additional personnel as administrative support services as the Com- (f) POWERS.— are necessary to enable the Commission to mission may request. (1) IN GENERAL.—The Commission may— perform the duties of the Commission. (7) PROCUREMENT OF TEMPORARY AND INTER- (A) solicit, accept, use, and dispose of gifts (B) STATUS.—The Executive Director and MITTENT SERVICES.—The Chairperson of the or donations of money, services, and real and other staff appointed under this paragraph Commission may employ experts and con- personal property related to the commemo- shall be considered Federal employees under sultants on a temporary or intermittent ration in accordance with Department of the section 2105 of title 5, United States Code, basis in accordance with section 3109(b) of Interior and National Park Service written notwithstanding the requirements of such title 5, United States Code, at rates for indi- standards for accepting gifts from outside section. viduals that do not exceed the daily equiva- sources; (C) CONFIRMATION OF EXECUTIVE DIREC- lent of the annual rate of basic pay pre- (B) appoint such advisory committees as TOR.—The employment of an executive direc- scribed for level V of the Executive Schedule the Commission determines to be necessary tor shall be subject to confirmation by the under section 5316 of that title. Such per- to carry out this section; Commission. sonnel shall be considered Federal employees (C) authorize any member or employee of (D) COMPENSATION.— under section 2105 of title 5, United States the Commission to take any action the Com- (i) IN GENERAL.—Except as provided in Code, notwithstanding the requirements of mission is authorized to take under this sec- clause (ii), the Chairperson of the Commis- such section. tion; sion may fix the compensation of the execu- (h) AUTHORIZATION OF APPROPRIATIONS.— (D) use the United States mails in the tive director and other personnel without re- (1) IN GENERAL.—There are authorized to be same manner and under the same conditions gard to the provisions of chapter 51 and sub- appropriated to carry out this section not to

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7046 CONGRESSIONAL RECORD — SENATE July 22, 2008 exceed $500,000 for each of fiscal years 2008 (3) Annual budget priorities and Federal ef- (11) Plans for reducing the forensic backlog through 2015. forts dedicated to combating child exploi- described in paragraph (10), if any, at Fed- (2) AVAILABILITY OF FUNDS.—Amounts ap- tation, including resources dedicated to eral, State and local forensic labs. propriated under this subsection for any fis- Internet Crimes Against Children task (12) A review of the Federal programs re- cal year shall remain available until Decem- forces, Project Safe Childhood, FBI Innocent lated to child exploitation prevention and ber 31, 2015. Images Initiative, the National Center for education, including those related to Inter- (i) TERMINATION OF COMMISSION.— Missing and Exploited Children, regional fo- net safety, including efforts by the private (1) IN GENERAL.—The Commission shall ter- rensic computer labs, Internet Safety pro- sector and nonprofit entities, or any other minate on December 31, 2015. grams, and all other entities whose goal or initiatives, that have proven successful in (2) TRANSFER OF MATERIALS.—Not later mission is to combat the exploitation of chil- promoting child safety and Internet safety. than the date of termination, the Commis- dren that receive Federal support. (13) An assessment of the future trends, sion shall transfer any documents, mate- (4) A 5-year projection for program and challenges, and opportunities, including new rials, books, manuscripts, miscellaneous budget goals and priorities. technologies, that will impact Federal, printed matter, memorabilia, relics, exhib- (5) A review of the policies and work of the State, local, and tribal efforts to combat its, and any materials donated to the Com- Department of Justice related to the preven- child exploitation. mission that relate to the War of 1812, to tion and investigation of child exploitation (14) Plans for liaisons with the judicial Fort McHenry National Monument and His- crimes, including efforts at the Office of Jus- branches of the Federal and State govern- toric Shrine. tice Programs, the Criminal Division of the ments on matters relating to child exploi- tation. (3) DISPOSITION OF FUNDS.—Any funds held Department of Justice, the Executive Office (15) An assessment of Federal investigative by the Commission on the date of termi- of United States Attorneys, the Federal Bu- and prosecution activity relating to reported nation shall be deposited in the general fund reau of Investigation, the Office of the Attor- incidents of child exploitation crimes, which of the Treasury. ney General, the Office of the Deputy Attor- shall include a number of factors, includ- (4) ANNUAL AUDIT.—The Inspector General ney General, the Office of Legal Policy, and ing— of the Department of the Interior shall per- any other agency or bureau of the Depart- (A) the number of high-priority suspects form an annual audit of the Commission, ment of Justice whose activities relate to (identified because of the volume of sus- shall make the results of the audit available child exploitation. to the public, and shall transmit such results pected criminal activity or because of the (6) A description of the Department’s ef- danger to the community or a potential vic- to the Committee on Oversight and Govern- forts to coordinate with international, State, ment Reform of the House of Representa- tim) who were investigated and prosecuted; local, tribal law enforcement, and private (B) the number of investigations, arrests, tives and the Committee on the Judiciary of sector entities on child exploitation preven- the Senate. prosecutions and convictions for a crime of tion and interdiction efforts. child exploitation; and Subtitle H—PROTECT Our Children Act of (7) Plans for interagency coordination re- (C) the average sentence imposed and stat- 2008 garding the prevention, investigation, and utory maximum for each crime of child ex- SEC. 2801. SHORT TITLE. apprehension of individuals exploiting chil- ploitation. This subtitle may be cited as the ‘‘Pro- dren, including cooperation and collabora- (16) A review of all available statistical viding Resources, Officers, and Technology tion with— data indicating the overall magnitude of To Eradicate Cyber Threats to Our Children (A) Immigration and Customs Enforce- child pornography trafficking in the United Act of 2008’’ or the ‘‘PROTECT Our Children ment; States and internationally, including— Act of 2008’’. (B) the United States Postal Inspection (A) the number of computers or computer Service; SEC. 2802. DEFINITIONS. users, foreign and domestic, observed engag- (C) the Department of State; ing in, or suspected by law enforcement In this subtitle, the following definitions (D) the Department of Commerce; shall apply: agencies and other sources of engaging in, (E) the Department of Education; peer-to-peer file sharing of child pornog- (1) CHILD EXPLOITATION.—The term ‘‘child (F) the Department of Health and Human raphy; exploitation’’ means any conduct, attempted Services; and conduct, or conspiracy to engage in conduct (B) the number of computers or computer (G) other appropriate Federal agencies. users, foreign and domestic, observed engag- involving a minor that violates section 1591, (8) A review of the Internet Crimes Against ing in, or suspected by law enforcement chapter 109A, chapter 110, and chapter 117 of Children Task Force Program, including— agencies and other reporting sources of en- title 18, United States Code, or any sexual (A) the number of ICAC task forces and lo- gaging in, buying and selling, or other com- activity involving a minor for which any per- cation of each ICAC task force; mercial activity related to child pornog- son can be charged with a criminal offense. (B) the number of trained personnel at raphy; (2) CHILD OBSCENITY.—The term ‘‘child ob- each ICAC task force; (C) the number of computers or computer scenity’’ means any visual depiction pro- (C) the amount of Federal grants awarded users, foreign and domestic, observed engag- scribed by section 1466A of title 18, United to each ICAC task force; ing in, or suspected by law enforcement States Code. (D) an assessment of the Federal, State, agencies and other sources of engaging in, all (3) MINOR.—The term ‘‘minor’’ means any and local cooperation in each task force, in- other forms of activity related to child por- person under the age of 18 years. cluding— nography; (4) SEXUALLY EXPLICIT CONDUCT.—The term (i) the number of arrests made by each (D) the number of tips or other statistical ‘‘sexually explicit conduct’’ has the meaning task force; data from the National Center for Missing given such term in section 2256 of title 18, (ii) the number of criminal referrals to and Exploited Children’s CybertTipline and United States Code. United States attorneys for prosecution; other data indicating the magnitude of child PART I—NATIONAL STRATEGY FOR CHILD (iii) the number of prosecutions and con- pornography trafficking; and EXPLOITATION PREVENTION AND victions from the referrals made under (E) any other statistical data indicating INTERDICTION clause (ii); the type, nature, and extent of child exploi- SEC. 2811. ESTABLISHMENT OF NATIONAL STRAT- (iv) the number, if available, of local pros- tation crime in the United States and EGY FOR CHILD EXPLOITATION PRE- ecutions and convictions based on ICAC task abroad. VENTION AND INTERDICTION. force investigations; and (17) Copies of recent relevant research and (a) IN GENERAL.—The Attorney General of (v) any other information demonstrating studies related to child exploitation, includ- the United States shall create and imple- the level of Federal, State, and local coordi- ing— ment a National Strategy for Child Exploi- nation and cooperation, as such information (A) studies related to the link between pos- tation Prevention and Interdiction. is to be determined by the Attorney General; session or trafficking of child pornography (b) TIMING.—Not later than February 1 of (E) an assessment of the training opportu- and actual abuse of a child; each year, the Attorney General shall sub- nities and technical assistance available to (B) studies related to establishing a link mit to Congress the National Strategy estab- support ICAC task force grantees; and between the types of files being viewed or lished under subsection (a). (F) an assessment of the success of the shared and the type of illegal activity; and (c) REQUIRED CONTENTS OF NATIONAL Internet Crimes Against Children Task (C) any other research, studies, and avail- STRATEGY.—The National Strategy estab- Force Program at leveraging State and local able information related to child exploi- lished under subsection (a) shall include the resources and matching funds. tation. following: (9) An assessment of the technical assist- (18) A review of the extent of cooperation, (1) Comprehensive long-range, goals for re- ance and support available for Federal, coordination, and mutual support between ducing child exploitation. State, local, and tribal law enforcement private sector and other entities and organi- (2) Annual measurable objectives and spe- agencies, in the prevention, investigation, zations and Federal agencies, including the cific targets to accomplish long-term, quan- and prosecution of child exploitation crimes. involvement of States, local and tribal gov- tifiable goals that the Attorney General de- (10) A review of the backlog of forensic ernment agencies to the extent Federal pro- termines may be achieved during each year analysis for child exploitation cases at each grams are involved. beginning on the date when the National FBI Regional Forensic lab and an estimate (19) The results of the Project Safe Child- Strategy is submitted. of the backlog at State and local labs. hood Conference or other conferences or

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7047 meetings convened by the Department of Congress in advance of any such decision and prosecutors, law enforcement, and others Justice related to combating child exploi- that each state maintains at least 1 ICAC concerned with Internet crimes against chil- tation. task force at all times. dren; (d) APPOINTMENT OF HIGH-LEVEL OFFI- (4) TRAINING.— (5) develop multijurisdictional, multi- CIAL.— (A) IN GENERAL.—The Attorney General agency responses and partnerships to Inter- (1) IN GENERAL.—There shall be created in may establish national training programs to net crimes against children offenses through the Office of Legal Policy of the Department support the mission of the ICAC task forces, ongoing informational, administrative, and of Justice the position of Special Assistant including the effective use of the National technological support to other State and to the Assistant Attorney General for Child Internet Crimes Against Children Data Sys- local law enforcement agencies, as a means Exploitation and Interdiction, whose duties tem. for such agencies to acquire the necessary shall include coordinating the development (B) LIMITATION.—In establishing training knowledge, personnel, and specialized equip- of the National Strategy established under courses under this paragraph, the Attorney ment to investigate and prosecute such of- subsection (a). General may not award any one entity other fenses; (2) DUTIES.—The duties of the official des- than a law enforcement agency more than (6) participate in nationally coordinated ignated under paragraph (1) shall include— $2,000,000 annually to establish and conduct investigations in any case in which the At- (A) acting as a liaison with all Federal training courses for ICAC task force mem- torney General determines such participa- agencies regarding the development of the bers and other law enforcement officials. tion to be necessary, as permitted by the National Strategy; (C) REVIEW.—The Attorney General shall— available resources of such task force; (B) working to ensure that there is proper (i) conduct periodic reviews of the effec- (7) establish or adopt investigative and coordination among agencies in developing tiveness of each training session authorized prosecution standards, consistent with es- the National Strategy; by this paragraph; and tablished norms, to which such task force (C) being knowledgeable about budget pri- (ii) consider outside reports related to the shall comply; orities and familiar with all efforts within effective use of Federal funding in making (8) investigate, and seek prosecution on, the Department of Justice and the FBI re- future grant awards for training. tips related to Internet crimes against chil- lated to child exploitation prevention and dren, including tips from Operation Fairplay, interdiction; and SEC. 2813. PURPOSE OF ICAC TASK FORCES. The ICAC Task Force Program, and each the National Internet Crimes Against Chil- (D) communicating the National Strategy dren Data System established in section 2815, to Congress and being available to answer State or local ICAC task force that is part of the National Center for Missing and Ex- questions related to the strategy at congres- the national program of task forces, shall be ploited Children’s CyberTipline, ICAC task sional hearings, if requested by committees dedicated toward— forces, and other Federal, State, and local of appropriate jurisdictions, on the contents (1) increasing the investigative capabilities agencies, with priority being given to inves- of the National Strategy and progress of the of State and local law enforcement officers tigative leads that indicate the possibility of Department of Justice in implementing the in the detection, investigation, and appre- identifying or rescuing child victims, includ- National Strategy. hension of Internet crimes against children offenses or offenders, including technology- ing investigative leads that indicate a likeli- SEC. 2812. ESTABLISHMENT OF NATIONAL ICAC hood of seriousness of offense or dangerous- TASK FORCE PROGRAM. facilitated child exploitation offenses; ness to the community; (a) ESTABLISHMENT.— (2) conducting proactive and reactive (9) develop procedures for handling seized (1) IN GENERAL.—There is established with- Internet crimes against children investiga- in the Department of Justice, under the gen- tions; evidence; eral authority of the Attorney General, a Na- (3) providing training and technical assist- (10) maintain— tional Internet Crimes Against Children ance to ICAC task forces and other Federal, (A) such reports and records as are re- Task Force Program (hereinafter in this State, and local law enforcement agencies in quired under this part; and title referred to as the ‘‘ICAC Task Force the areas of investigations, forensics, pros- (B) such other reports and records as deter- Program’’), which shall consist of a national ecution, community outreach, and capacity- mined by the Attorney General; and program of State and local law enforcement building, using recognized experts to assist (11) seek to comply with national stand- task forces dedicated to developing effective in the development and delivery of training ards regarding the investigation and pros- responses to online enticement of children programs; ecution of Internet crimes against children, by sexual predators, child exploitation, and (4) increasing the number of Internet as set forth by the Attorney General, to the child obscenity and pornography cases. crimes against children offenses being inves- extent such standards are consistent with (2) INTENT OF CONGRESS.—It is the purpose tigated and prosecuted in both Federal and the law of the State where the task force is and intent of Congress that the ICAC Task State courts; located. Force Program established under paragraph (5) creating a multiagency task force re- SEC. 2815. NATIONAL INTERNET CRIMES AGAINST (1) is intended to continue the ICAC Task sponse to Internet crimes against children CHILDREN DATA SYSTEM. Force Program authorized under title I of offenses within each State; (a) IN GENERAL.—The Attorney General the Departments of Commerce, Justice, and (6) participating in the Department of Jus- shall establish, consistent with all existing State, the Judiciary, and Related Agencies tice’s Project Safe Childhood initiative, the Federal laws relating to the protection of Appropriations Act, 1998, and funded under purpose of which is to combat technology-fa- privacy, a National Internet Crimes Against title IV of the Juvenile Justice and Delin- cilitated sexual exploitation crimes against Children Data System. The system shall not quency Prevention Act of 1974. children; be used to search for or obtain any informa- (b) NATIONAL PROGRAM.— (7) enhancing nationwide responses to tion that does not involve the use of the (1) STATE REPRESENTATION.—The ICAC Internet crimes against children offenses, in- Internet to post or traffic images of child ex- Task Force Program established under sub- cluding assisting other ICAC task forces, as ploitation. section (a) shall include at least 1 ICAC task well as other Federal, State, and local agen- (b) PURPOSE OF SYSTEM.—The National force in each State. cies with Internet crimes against children Internet Crimes Against Children Data Sys- (2) CAPACITY AND CONTINUITY OF INVESTIGA- investigations and prosecutions; tem established under subsection (a) shall be TIONS.—In order to maintain established ca- (8) developing and delivering Internet dedicated to assisting and supporting pacity and continuity of investigations and crimes against children public awareness and credentialed law enforcement agencies au- prosecutions of child exploitation cases, the prevention programs; and thorized to investigate child exploitation in Attorney General, shall, in establishing the (9) participating in such other activities, accordance with Federal, State, local, and ICAC Task Force Program under subsection both proactive and reactive, that will en- tribal laws, including by providing assist- (a) consult with and consider all 59 task hance investigations and prosecutions of ance and support to— forces in existence on the date of enactment Internet crimes against children. (1) Federal agencies investigating and of this Act. The Attorney General shall in- SEC. 2814. DUTIES AND FUNCTIONS OF TASK prosecuting child exploitation; clude all existing ICAC task forces in the FORCES. (2) the ICAC Task Force Program estab- ICAC Task Force Program, unless the Attor- Each State or local ICAC task force that is lished under section 2812; ney General makes a determination that an part of the national program of task forces (3) State, local, and tribal agencies inves- existing ICAC does not have a proven track shall— tigating and prosecuting child exploitation; record of success. (1) consist of State and local investigators, and (3) ONGOING REVIEW.—The Attorney Gen- prosecutors, forensic specialists, and edu- (4) foreign or international law enforce- eral shall— cation specialists who are dedicated to ad- ment agencies, subject to approval by the (A) conduct periodic reviews of the effec- dressing the goals of such task force; Attorney General. tiveness of each ICAC task force established (2) work consistently toward achieving the (c) CYBER SAFE DECONFLICTION AND INFOR- under this section; and purposes described in section 2813; MATION SHARING.—The National Internet (B) have the discretion to establish a new (3) engage in proactive investigations, fo- Crimes Against Children Data System estab- task force if the Attorney General deter- rensic examinations, and effective prosecu- lished under subsection (a)— mines that such decision will enhance the ef- tions of Internet crimes against children; (1) shall be housed and maintained within fectiveness of combating child exploitation (4) provide forensic, preventive, and inves- the Department of Justice or a credentialed provided that the Attorney General notifies tigative assistance to parents, educators, law enforcement agency;

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7048 CONGRESSIONAL RECORD — SENATE July 22, 2008 (2) shall be made available for a nominal (4) secure connections or interaction with (I) The population of each State, as deter- charge to support credentialed law enforce- State and local law enforcement computer mined by the most recent decennial census ment agencies in accordance with subsection networks, consistent with reasonable and es- performed by the Bureau of the Census. (b); and tablished security protocols and guidelines; (II) The number of investigative leads (3) shall— (5) guidelines for use of the National Inter- within the applicant’s jurisdiction generated (A) allow Federal, State, local, and tribal net Crimes Against Children Data System by by Operation Fairplay, the ICAC Data Net- agencies and ICAC task forces investigating Federal, State, local, and tribal law enforce- work, the CyberTipline, and other sources. and prosecuting child exploitation to con- ment agencies and ICAC task forces; and (III) The number of criminal cases related tribute and access data for use in resolving (6) training and technical assistance on the to Internet crimes against children referred case conflicts; use of the National Internet Crimes Against to a task force for Federal, State, or local (B) provide, directly or in partnership with Children Data System by Federal, State, prosecution. a credentialed law enforcement agency, a dy- local, and tribal law enforcement agencies (IV) The number of successful prosecutions namic undercover infrastructure to facili- and ICAC task forces. of child exploitation cases by a task force. tate online law enforcement investigations (f) NATIONAL INTERNET CRIMES AGAINST (V) The amount of training, technical as- sistance, and public education or outreach of child exploitation; CHILDREN DATA SYSTEM STEERING COM- by a task force related to the prevention, in- (C) facilitate the development of essential MITTEE.—The Attorney General shall estab- software and network capability for law en- lish a National Internet Crimes Against Chil- vestigation, or prosecution of child exploi- forcement participants; and dren Data System Steering Committee to tation offenses. (D) provide software or direct hosting and provide guidance to the Network relating to (VI) Such other criteria as the Attorney support for online investigations of child ex- the program under subsection (e), and to as- General determines demonstrate the level of need for additional resources by a task force. ploitation activities, or, in the alternative, sist in the development of strategic plans for (3) DISTRIBUTION OF REMAINING FUNDS provide users with a secure connection to an the System. The Steering Committee shall BASED ON NEED.— alternative system that provides such capa- consist of 10 members with expertise in child (A) IN GENERAL.—Any funds remaining bilities, provided that the system is hosted exploitation prevention and interdiction from the total funds appropriated to carry within a governmental agency or a prosecution, investigation, or prevention, in- out this section after funds have been made credentialed law enforcement agency. cluding— available to award or otherwise distribute (d) COLLECTION AND REPORTING OF DATA.— (1) 3 representatives elected by the local formula grants under paragraph (2)(A) shall (1) IN GENERAL.—The National Internet directors of the ICAC task forces, such rep- be distributed to State and local ICAC task Crimes Against Children Data System estab- resentatives shall represent different geo- forces based upon need, as set forth by cri- lished under subsection (a) shall ensure the graphic regions of the country; teria established by the Attorney General. following: (2) 1 representative of the Department of Such criteria shall include the factors under (A) REAL-TIME REPORTING.—All child ex- Justice Office of Information Services; paragraph (2)(B)(ii). ploitation cases involving local child victims (3) 1 representative from Operation Fair- (B) MATCHING REQUIREMENT.—A State or that are reasonably detectable using avail- play, currently hosted at the Wyoming Office local ICAC task force shall contribute able software and data are, immediately of the Attorney General; matching non-Federal funds in an amount upon their detection, made available to par- (4) 1 representative from the law enforce- equal to not less than 25 percent of the ticipating law enforcement agencies. ment agency having primary responsibility amount of funds received by the State or (B) HIGH-PRIORITY SUSPECTS.—Every 30 for hosting and maintaining the National local ICAC task force under subparagraph days, at minimum, the National Internet Internet Crimes Against Children Data Sys- (A). A State or local ICAC task force that is Crimes Against Children Data System tem; not able or willing to contribute matching shall— (5) 1 representative of the Federal Bureau funds in accordance with this subparagraph (i) identify high-priority suspects, as such of Investigation’s Innocent Images National shall not be eligible for funds under subpara- suspects are determined by the volume of Initiative or Regional Computer Forensic graph (A). suspected criminal activity or other indica- Lab program; (C) WAIVER.—The Attorney General may tors of seriousness of offense or dangerous- (6) 1 representative of the Immigration and waive, in whole or in part, the matching re- ness to the community or a potential local Customs Enforcement’s Cyber Crimes Cen- quirement under subparagraph (B) if the victim; and ter; State or local ICAC task force demonstrates (ii) report all such identified high-priority (7) 1 representative of the United States good cause or financial hardship. suspects to participating law enforcement Postal Inspection Service; and (b) APPLICATION.— agencies. (8) 1 representative of the Department of (1) IN GENERAL.—Each State or local ICAC (C) ANNUAL REPORTS.—Any statistical data Justice. task force seeking a grant under this section indicating the overall magnitude of child (g) AUTHORIZATION OF APPROPRIATIONS.— shall submit an application to the Attorney pornography trafficking and child exploi- There are authorized to be appropriated for General at such time, in such manner, and tation in the United States and internation- each of the fiscal years 2009 through 2016, accompanied by such information as the At- ally is made available and included in the $2,000,000 to carry out the provisions of this torney General may reasonably require. National Strategy, as is required under sec- section. (2) CONTENTS.—Each application submitted tion 2811(c)(16). (h) RULE OF CONSTRUCTION.—Nothing in pursuant to paragraph (1) shall— (2) RULE OF CONSTRUCTION.—Nothing in this this section may be construed to authorize (A) describe the activities for which assist- subsection shall be construed to limit the any activity that is inconsistent with any ance under this section is sought; and ability of participating law enforcement Federal law, regulation, or constitutional (B) provide such additional assurances as agencies to disseminate investigative leads constraint. the Attorney General determines to be es- or statistical information in accordance with sential to ensure compliance with the re- SEC. 2816. ICAC GRANT PROGRAM. State and local laws. quirements of this part. (e) MANDATORY REQUIREMENTS OF NET- (a) ESTABLISHMENT.— (c) ALLOWABLE USES.—Grants awarded WORK.—The National Internet Crimes (1) IN GENERAL.—The Attorney General is under this section may be used to— Against Children Data System established authorized to award grants to State and (1) hire personnel, investigators, prosecu- under subsection (a) shall develop, deploy, local ICAC task forces to assist in carrying tors, education specialists, and forensic spe- and maintain an integrated technology and out the duties and functions described under cialists; training program that provides— section 2814. (2) establish and support forensic labora- (1) a secure, online system for Federal law (2) FORMULA GRANTS.— tories utilized in Internet crimes against enforcement agencies, ICAC task forces, and (A) DEVELOPMENT OF FORMULA.—At least 75 children investigations; other State, local, and tribal law enforce- percent of the total funds appropriated to (3) support investigations and prosecutions ment agencies for use in resolving case con- carry out this section shall be available to of Internet crimes against children; flicts, as provided in subsection (c); award or otherwise distribute grants pursu- (4) conduct and assist with education pro- (2) a secure system enabling online com- ant to a funding formula established by the grams to help children and parents protect munication and collaboration by Federal law Attorney General in accordance with the re- themselves from Internet predators; enforcement agencies, ICAC task forces, and quirements in subparagraph (B). (5) conduct and attend training sessions re- other State, local, and tribal law enforce- (B) FORMULA REQUIREMENTS.—Any formula lated to successful investigations and pros- ment agencies regarding ongoing investiga- established by the Attorney General under ecutions of Internet crimes against children; tions, investigatory techniques, best prac- subparagraph (A) shall— and tices, and any other relevant news and pro- (i) ensure that each State or local ICAC (6) fund any other activities directly re- fessional information; task force shall, at a minimum, receive an lated to preventing, investigating, or pros- (3) a secure online data storage and anal- amount equal to 0.5 percent of the funds ecuting Internet crimes against children. ysis system for use by Federal law enforce- available to award or otherwise distribute (d) REPORTING REQUIREMENTS.— ment agencies, ICAC task forces, and other grants under subparagraph (A); and (1) ICAC REPORTS.—To measure the results State, local, and tribal law enforcement (ii) take into consideration the following of the activities funded by grants under this agencies; factors: section, and to assist the Attorney General

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7049 in complying with the Government Perform- venting, investigating, and prosecuting (2) in paragraph (6), by striking the period ance and Results Act (Public Law 103–62; 107 Internet crimes against children. at the end and inserting ‘‘; or’’; and Stat. 285), each State or local ICAC task (c) NEW COMPUTER FORENSIC LABS.—If the (3) by inserting after paragraph (6) the fol- force receiving a grant under this section Attorney General determines that new re- lowing: shall, on an annual basis, submit a report to gional computer forensic laboratories are re- ‘‘(7) in or affecting interstate or foreign the Attorney General that sets forth the fol- quired under subsection (a) to best address commerce, knowingly modifies, with intent lowing: existing backlogs, such new laboratories to distribute, a visual depiction of an identi- (A) Staffing levels of the task force, in- shall be established pursuant to subsection fiable minor so that the depiction becomes cluding the number of investigators, pros- (d). child pornography.’’. ecutors, education specialists, and forensic (d) LOCATION OF NEW LABS.—The location (b) PUNISHMENT.—Subsection (b) of section specialists dedicated to investigating and of any new regional computer forensic lab- 2252A of title 18, United States Code, is prosecuting Internet crimes against chil- oratories under this section shall be deter- amended by adding at the end the following: dren. mined by the Attorney General, in consulta- ‘‘(3) Whoever violates, or attempts or con- (B) Investigation and prosecution perform- tion with the Director of the Federal Bureau spires to violate, subsection (a)(7) shall be ance measures of the task force, including— of Investigation, the Regional Computer Fo- fined under this title or imprisoned not more (i) the number of investigations initiated rensic Laboratory National Steering Com- than 15 years, or both.’’. related to Internet crimes against children; mittee, and other relevant stakeholders. PART IV—NATIONAL INSTITUTE OF (ii) the number of arrests related to Inter- (e) REPORT.—Not later than 1 year after JUSTICE STUDY OF RISK FACTORS net crimes against children; and the date of enactment of this Act, and every SEC. 2841. NIJ STUDY OF RISK FACTORS FOR AS- (iii) the number of prosecutions for Inter- year thereafter, the Attorney General shall SESSING DANGEROUSNESS. net crimes against children, including— submit a report to the Congress on how the (a) IN GENERAL.—Not later than 1 year (I) whether the prosecution resulted in a funds appropriated under this section were after the date of enactment of this Act, the conviction for such crime; and utilized. National Institute of Justice shall prepare a (II) the sentence and the statutory max- (f) AUTHORIZATION OF APPROPRIATIONS.— report to identify investigative factors that imum for such crime under State law. There are authorized to be appropriated for reliably indicate whether a subject of an on- (C) The number of referrals made by the fiscal years 2009 through 2013, $2,000,000 to line child exploitation investigation poses a task force to the United States Attorneys of- carry out the provisions of this section. high risk of harm to children. Such a report fice, including whether the referral was ac- PART III—EFFECTIVE CHILD shall be prepared in consultation and coordi- cepted by the United States Attorney. PORNOGRAPHY PROSECUTION nation with Federal law enforcement agen- (D) Statistics that account for the disposi- cies, the National Center for Missing and Ex- SEC. 2831. PROHIBIT THE BROADCAST OF LIVE ploited Children, Operation Fairplay at the tion of investigations that do not result in IMAGES OF CHILD ABUSE. Wyoming Attorney General’s Office, the arrests or prosecutions, such as referrals to Section 2251 of title 18, United States Code Internet Crimes Against Children Task other law enforcement. is amended— Force, and other State and local law enforce- (E) The number of investigative technical (1) in subsection (a), by— assistance sessions that the task force pro- ment. (A) inserting ‘‘or for the purpose of trans- (b) CONTENTS OF ANALYSIS.—The report re- vided to nonmember law enforcement agen- mitting a live visual depiction of such con- cies. quired by subsection (a) shall include a thor- duct’’ after ‘‘for the purpose of producing ough analysis of potential investigative fac- (F) The number of computer forensic ex- any visual depiction of such conduct’’; tors in on-line child exploitation cases and aminations that the task force completed. (B) inserting ‘‘or transmitted’’ after ‘‘if an appropriate examination of investigative (G) The number of law enforcement agen- such person knows or has reason to know data from prior prosecutions and case files of cies participating in Internet crimes against that such visual depiction will be trans- identified child victims. children program standards established by ported’’; (c) REPORT TO CONGRESS.—Not later than 1 the task force. (C) inserting ‘‘or transmitted’’ after ‘‘if year after the date of enactment of this Act, (2) REPORT TO CONGRESS.—Not later than 1 that visual depiction was produced’’; and the National Institute of Justice shall sub- year after the date of enactment of this Act, (D) inserting ‘‘or transmitted’’ after ‘‘has mit a report to the House and Senate Judici- the Attorney General shall submit a report actually been transported’’; and ary Committees that includes the findings of to Congress on— (2) in subsection (b), by— the study required by this section and makes (A) the progress of the development of the (A) inserting ‘‘or for the purpose of trans- recommendations on technological tools and ICAC Task Force Program established under mitting a live visual depiction of such con- law enforcement procedures to help inves- section 2812; and duct’’ after ‘‘for the purpose of producing tigators prioritize scarce resources to those (B) the number of Federal and State inves- any visual depiction of such conduct’’; cases where there is actual hands-on abuse tigations, prosecutions, and convictions in (B) inserting ‘‘or transmitted’’ after ‘‘per- by the suspect. the prior 12-month period related to child ex- son knows or has reason to know that such (d) AUTHORIZATION OF APPROPRIATIONS.— ploitation. visual depiction will be transported’’; There are authorized to be appropriated SEC. 2817. AUTHORIZATION OF APPROPRIATIONS. (C) inserting ‘‘or transmitted’’ after ‘‘if $500,000 to the National Institute of Justice (a) IN GENERAL.—There are authorized to that visual depiction was produced’’; and to conduct the study required under this sec- be appropriated to carry out this part— (D) inserting ‘‘or transmitted’’ after ‘‘has tion. (1) $60,000,000 for fiscal year 2009; actually been transported’’. TITLE III—ENVIRONMENT AND PUBLIC (2) $60,000,000 for fiscal year 2010; SEC. 2832. AMENDMENT TO SECTION 2256 OF WORKS PROVSIONS (3) $60,000,000 for fiscal year 2011; TITLE 18, UNITED STATES CODE. Subtitle A—Captive Primate Safety Act (4) $60,000,000 for fiscal year 2012; and Section 2256(5) of title 18, United States SEC. 3001. SHORT TITLE. (5) $60,000,000 for fiscal year 2013. Code is amended by— This subtitle may be cited as the ‘‘Captive VAILABILITY.—Funds appropriated (b) A (1) striking ‘‘and’’ before ‘‘data’’; Primate Safety Act’’. under subsection (a) shall remain available (2) after ‘‘visual image’’ by inserting ‘‘, and SEC. 3002. ADDITION OF NONHUMAN PRIMATES until expended. data which is capable of conversion into a TO DEFINITION OF PROHIBITED PART II—ADDITIONAL MEASURES TO visual image that has been transmitted by WILDLIFE SPECIES. COMBAT CHILD EXPLOITATION any means, whether or not stored in a per- Section 2(g) of the Lacey Act Amendments SEC. 2821. ADDITIONAL REGIONAL COMPUTER manent format’’. of 1981 (16 U.S.C. 3371(g)) is amended by in- FORENSIC LABS. SEC. 2833. AMENDMENT TO SECTION 2260 OF serting before the period at the end ‘‘or any (a) ADDITIONAL RESOURCES.—The Attorney TITLE 18, UNITED STATES CODE. nonhuman primate’’. General shall establish additional computer Section 2260(a) of title 18, United States SEC. 3003. CAPTIVE WILDLIFE AMENDMENTS. forensic capacity to address the current Code, is amended by— (a) PROHIBITED ACTS.—Section 3 of the backlog for computer forensics, including for (1) inserting ‘‘or for the purpose of trans- Lacey Act Amendments of 1981 (16 U.S.C. child exploitation investigations. The Attor- mitting a live visual depiction of such con- 3372) is amended— ney General may utilize funds under this duct’’ after ‘‘for the purpose of producing (1) in subsection (a)— part to increase capacity at existing regional any visual depiction of such conduct’’; and (A) in paragraph (2)— forensic laboratories or to add laboratories (2) inserting ‘‘or transmitted’’ after ‘‘im- (i) in subparagraph (A), by inserting ‘‘or’’ under the Regional Computer Forensic Lab- ported’’. after the semicolon; oratories Program operated by the Federal SEC. 2834. PROHIBITING THE ADAPTATION OR (ii) in subparagraph (B)(iii), by striking ‘‘; Bureau of Investigation. MODIFICATION OF AN IMAGE OF AN or’’ and inserting a semicolon; and (b) PURPOSE OF NEW RESOURCES.—The addi- IDENTIFIABLE MINOR TO PRODUCE (iii) by striking subparagraph (C); and tional forensic capacity established by re- CHILD PORNOGRAPHY. (B) in paragraph (4), by inserting ‘‘or sub- sources provided under this section shall be (a) OFFENSE.—Subsection (a) of section section (e)’’ before the period; and dedicated to assist Federal agencies, State 2252A of title 18, United States Code, is (2) in subsection (e)— and local Internet Crimes Against Children amended— (A) by redesignating paragraphs (2), (3), (4), task forces, and other Federal, State, and (1) in paragraph (5), by striking ‘‘; or’’ at and (5) as paragraphs (3), (4), (5), and (6) re- local law enforcement agencies in pre- the end and inserting a semicolon; spectively;

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7050 CONGRESSIONAL RECORD — SENATE July 22, 2008 (B) by striking ‘‘(e)’’ and all that follows ‘‘(v) the nonhuman primate is transported Amendments of 1981 (16 U.S.C. 3371 et seq.), through ‘‘Subsection (a)(2)(C) does not in a secure enclosure that is appropriate for there is authorized to be appropriated to the apply’’ in paragraph (1) and inserting the fol- that species; Secretary of the Interior $5,000,000 for fiscal lowing: ‘‘(vi) the nonhuman primate has no con- year 2009 to hire additional law enforcement ‘‘(e) CAPTIVE WILDLIFE OFFENSE.— tact with any animal or member of the pub- personnel of the United States Fish and ‘‘(1) IN GENERAL.—It is unlawful for any lic, other than the designated individual re- Wildlife Service to enforce that Act. person to import, export, transport, sell, re- ferred to in clause (iii); and Subtitle B—Chesapeake Bay Gateways and ceive, acquire, or purchase in interstate or ‘‘(vii) the transportation of the nonhuman Watertrails Network Continuing Authoriza- foreign commerce any live animal of any primate is in compliance with— tion Act prohibited wildlife species. ‘‘(I) all applicable State and local restric- SEC. 3011. SHORT TITLE. ‘‘(2) LIMITATION ON APPLICATION.—This sub- tions regarding the transport; and This subtitle may be cited as the ‘‘Chesa- section— ‘‘(II) all applicable State and local require- peake Bay Gateways and Watertrails Net- ‘‘(A) does not apply to a person trans- ments regarding permits or health certifi- work Continuing Authorization Act’’. porting a nonhuman primate to or from a cates; and veterinarian who is licensed to practice vet- ‘‘(D) does not apply’’; SEC. 3012. AUTHORIZATION OF APPROPRIATIONS. erinary medicine within the United States, (C) in paragraph (2) (as redesignated by Section 502 of the Chesapeake Bay Initia- solely for the purpose of providing veteri- subparagraph (A))— tive Act of 1998 (16 U.S.C. 461 note; Public nary care to the nonhuman primate, if— (i) by striking ‘‘a’’ before ‘‘prohibited’’ and Law 105–312) is amended by striking sub- ‘‘(i) the person transporting the nonhuman inserting ‘‘any’’; section (c) and inserting the following: primate carries written documentation (ii) by striking ‘‘(3)’’ and inserting ‘‘(4)’’; ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— issued by the veterinarian, including the ap- and There are authorized to be appropriated such pointment date and location; (iii) by striking ‘‘(2)’’ and inserting ‘‘(3)’’; sums as are necessary to carry out this sec- ‘‘(ii) the nonhuman primate is transported (D) in paragraph (3) (as redesignated by tion.’’. in a secure enclosure appropriate for that subparagraph (A))— Subtitle C—Beach Protection Act of 2008 species of primate; (i) in subparagraph (C)— SEC. 3021. SHORT TITLE. ‘‘(iii) the nonhuman primate has no con- (I) in clauses (ii) and (iii), by striking ‘‘ani- This subtitle may be cited as the ‘‘Beach tact with any other animals or members of mals listed in section 2(g)’’ each place it ap- Protection Act of 2008’’. the public, other than the veterinarian and pears and inserting ‘‘prohibited wildlife spe- other authorized medical personnel pro- SEC. 3022. BEACHWATER POLLUTION SOURCE cies’’; and IDENTIFICATION AND PREVENTION. viding veterinary care; and (II) in clause (iv), by striking ‘‘animals’’ (a) IN GENERAL.—Section 406 of the Federal ‘‘(iv) such transportation and provision of and inserting ‘‘prohibited wildlife species’’; Water Pollution Control Act (33 U.S.C. 1346) veterinary care is in accordance with all oth- and erwise applicable State and local laws, regu- is amended in each of subsections (b), (c), (d), (ii) in subparagraph (D), by striking ‘‘ani- lations, permits, and health certificates; (g), and (h) by striking ‘‘monitoring and no- mal’’ each place it appears and inserting ‘‘(B) does not apply to a person trans- tification’’ each place it appears and insert- ‘‘prohibited wildlife species’’; porting a nonhuman primate to a legally ing ‘‘monitoring, public notification, source (E) in paragraph (4) (as redesignated by designated caregiver for the nonhuman pri- tracking, and sanitary surveys to address subparagraph (A)), by striking ‘‘(2)’’ and in- mate as a result of the death of the pre- the identified sources of beachwater pollu- ceding owner of the nonhuman primate, if— serting ‘‘(3)’’; tion’’. ‘‘(i) the person transporting the nonhuman (F) in paragraph (6) (as redesignated by (b) AUTHORIZATION OF APPROPRIATIONS.— primate is carrying legal documentation to subparagraph (A)), by striking ‘‘subsection Section 406(i) of the Federal Water Pollution support the need for transporting the (a)(2)(C)’’ and inserting ‘‘this subsection’’; Control Act (33 U.S.C. 1346(i)) is amended by nonhuman primate to the legally designated and striking ‘‘$30,000,000 for each of fiscal years caregiver; (G) by inserting after paragraph (6) (as re- 2001 through 2005’’ and inserting ‘‘$60,000,000 ‘‘(ii) the nonhuman primate is transported designated by subparagraph (A)) the fol- for each of fiscal years 2008 through 2013’’. in a secure enclosure appropriate for the spe- lowing: SEC. 3023. FUNDING FOR BEACHES ENVIRON- cies; ‘‘(7) APPLICATION.—This subsection shall MENTAL ASSESSMENT AND COASTAL ‘‘(iii) the nonhuman primate has no con- apply beginning on the effective date of reg- HEALTH ACT. tact with any other animals or members of ulations promulgated under this sub- Section 8 of the Beaches Environmental the public while being transported to the le- section.’’. Assessment and Coastal Health Act of 2000 gally designated caregiver; and (b) CIVIL PENALTIES.—Section 4(a) of the (114 Stat. 877) is amended by striking ‘‘2005’’ ‘‘(iv) all applicable State and local restric- Lacey Act Amendments of 1981 (16 U.S.C. and inserting ‘‘2013’’. tions on such transport, and all applicable 3373(a)) is amended— SEC. 3024. STATE REPORTS. State and local requirements for permits or (1) in paragraph (1), by inserting ‘‘(e),’’ Section 406(b)(3)(A)(ii) of the Federal health certificates, are complied with; after ‘‘subsections (b), (d),’’ ; and Water Pollution Control Act (33 U.S.C. ‘‘(C) does not apply to a person trans- (2) in paragraph (1), by inserting ‘‘, (e),’’ 1346(b)(3)(A)(ii)) is amended by inserting porting a nonhuman primate solely for the after ‘‘subsection (d)’’. ‘‘and all environmental agencies of the State purpose of assisting an individual who is per- (c) CRIMINAL PENALTIES.—Section 4(d) of with authority to prevent or treat sources of manently disabled with a severe mobility the Lacey Act Amendments of 1981 (16 U.S.C. beachwater pollution’’ after ‘‘public’’. impairment, if— 3373(d)) is amended— SEC. 3025. USE OF RAPID TESTING METHODS. (1) in paragraphs (1)(A) and (1)(B) and in ‘‘(i) the nonhuman primate is a single ani- (a) CONTENTS OF STATE AND LOCAL GOVERN- the first sentence of paragraph (2), by insert- mal of the genus Cebus; MENT PROGRAMS.—Section 406(c)(4)(A) of the ‘‘(ii) the nonhuman primate was obtained ing ‘‘(e),’’ after ‘‘subsections (b), (d),’’ each Federal Water Pollution Control Act (33 from, and trained at, a licensed nonprofit or- place it appears; and U.S.C. 1346(c)(4)(A)) is amended by inserting ganization described in section 501(c)(3) of (2) in paragraph (3), by inserting ‘‘, (e),’’ ‘‘, including the use of a rapid testing meth- the Internal Revenue Code of 1986 the non- after ‘‘subsection (d)’’. od after the last day of the 1-year period fol- profit tax status of which was obtained— SEC. 3004. APPLICABILITY PROVISION AMEND- lowing the date of approval of the rapid test- ‘‘(I) before July 18, 2008; and MENT. ing method by the Administrator’’ before the ‘‘(II) on the basis that the mission of the Section 3 of the Captive Wildlife Safety semicolon at the end. organization is to improve the quality of life Act (117 Stat. 2871; Public Law 108–191) is (b) REVISED CRITERIA.—Section 304(a)(9) of of severely mobility-impaired individuals; amended— the Federal Water Pollution Control Act (33 ‘‘(iii) the person transporting the (1) in subsection (a), by striking ‘‘(a) IN U.S.C. 1314(a)(9)) is amended— nonhuman primate is a specially trained em- GENERAL.—Section 3’’ and inserting ‘‘Section (1) in subparagraph (A)— ployee or agent of a nonprofit organization 3’’; and (A) by inserting ‘‘rapid’’ before ‘‘testing’’; described in clause (ii) that is transporting (2) by striking subsection (b). and the nonhuman primate to or from a des- SEC. 3005. REGULATIONS. (B) by striking ‘‘, as appropriate’’; and ignated individual who is permanently dis- Section 7(a) of the Lacey Act Amendments (2) by adding at the end the following: abled with a severe mobility impairment, or of 1981 (16 U.S.C. 3376(a)) is amended by add- ‘‘(C) VALIDATION OF RAPID TESTING METH- to or from a licensed foster care home pro- ing at the end the following new paragraph: ODS.—Not later than 2 years after the date of viding specialty training of the nonhuman ‘‘(3) The Secretary shall, in consultation enactment of this subparagraph, and periodi- primate solely for purposes of assisting an with other relevant Federal and State agen- cally thereafter, the Administrator shall individual who is permanently disabled with cies, issue regulations to implement section validate the rapid testing methods.’’. severe mobility impairment; 3(e).’’. (c) DEFINITION.—Section 502 of the Federal ‘‘(iv) the person transporting the SEC. 3006. AUTHORIZATION OF APPROPRIATIONS Water Pollution Control Act (33 U.S.C. 1362) nonhuman primate carries documentation FOR ADDITIONAL LAW ENFORCE- is amended by adding at the end the fol- from the applicable nonprofit organization MENT PERSONNEL. lowing: that includes the name of the designated in- In addition to such other amounts as are ‘‘(25) RAPID TESTING METHOD.—The term dividual referred to in clause (iii); authorized to carry out the Lacey Act ‘rapid testing method’ means a method of

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7051 testing for which results are available within requirement or grant condition described in ‘‘(III) at the discretion of the Commission, 2 hours after commencement of the rapid paragraph (2) shall take such action as is if the grant is to a local development district testing method.’’. necessary to comply with the requirement or that has a charter or authority that includes SEC. 3026. PROMPT COMMUNICATION WITH condition by not later than 1 year after the the economic development of a county or a STATE ENVIRONMENTAL AGENCIES. date of the notification. part of a county for which an at-risk county Section 406(c)(5) of the Federal Water Pol- ‘‘(B) NONCOMPLIANCE.—If the State or local designation is in effect under section 14526, lution Control Act (33 U.S.C. 1346(c)(5)) is government is not in compliance with such a 70 percent of administrative expenses;’’; and amended— requirement or condition by the date that is (2) in paragraph (2) by striking subpara- (1) in the matter preceding subparagraph 1 year after the deadline specified in sub- graph (A) and inserting the following: (A), by striking ‘‘prompt communication’’ paragraph (A), any grants made under sub- ‘‘(A) IN GENERAL.—Except as provided in and inserting ‘‘communication within 24 section (b) to the State or local government, subparagraph (B), of the cost of any activity hours of the receipt of the results of a water after the last day of the 1-year period and eligible for financial assistance under this quality sample’’; while the State or local government is not in section, not more than— (2) in subparagraph (A), by striking ‘‘and’’ compliance with all requirements and grant ‘‘(i) 50 percent may be provided from at the end; conditions described in paragraph (2), shall amounts appropriated to carry out this sub- (3) in subparagraph (B), by inserting ‘‘and’’ require a Federal share of not to exceed 50 title; after the semicolon at the end; and percent. ‘‘(ii) in the case of a project to be carried (4) by adding at the end the following: ‘‘(4) GAO REVIEW.—Not later than Decem- out in a county for which a distressed county ‘‘(C) all agencies of the State government ber 31 of the third calendar year beginning designation is in effect under section 14526, with authority to require the prevention or after the date of enactment of this para- 80 percent may be provided from amounts ap- treatment of the sources of beachwater pol- graph, the Comptroller General of the United propriated to carry out this subtitle; or lution;’’. States shall— ‘‘(iii) in the case of a project to be carried SEC. 3027. CONTENT OF STATE AND LOCAL PRO- ‘‘(A) conduct a review of the activities of out in a county for which an at-risk county GRAMS. the Administrator under paragraphs (2) and designation is in effect under section 14526, Section 406(c) of the Federal Water Pollu- (3) during the first and second calendar years 70 percent may be provided from amounts ap- tion Control Act (33 U.S.C. 1346(c)) is amend- beginning after that date of enactment; and propriated to carry out this subtitle.’’. ed— ‘‘(B) submit to Congress a report on the re- (b) DEMONSTRATION HEALTH PROJECTS.— (1) in paragraph (6), by striking ‘‘and’’ at sults of the review.’’. Section 14502 of title 40, United States Code, the end; SEC. 3029. STUDY OF GRANT DISTRIBUTION FOR- is amended— (2) in paragraph (7), by striking the period MULA. (1) in subsection (d) by striking paragraph at the end and inserting a semicolon; (a) STUDY.—Not later than 30 days after (2) and inserting the following: the date of enactment of this Act, the Ad- (3) by adding at the end the following: ‘‘(2) LIMITATION ON AVAILABLE AMOUNTS.— ministrator of the Environmental Protection ‘‘(8) measures to develop and implement a Grants under this section for the operation Agency (referred to in this section as the beachwater pollution source identification (including initial operating amounts and op- ‘‘Administrator’’) shall commence a study of and tracking program for the coastal recre- erating deficits, which include the cost of at- the formula for the distribution of grants ation waters that are not meeting applicable tracting, training, and retaining qualified under section 406 of the Federal Water Pollu- water quality standards for pathogens and tion Control Act (33 U.S.C. 1346) for the pur- personnel) of a demonstration health project, pathogen indicators; pose of identifying potential revisions of whether or not constructed with amounts ‘‘(9) a publicly accessible and searchable that formula. authorized to be appropriated by this sec- geographical information system database (b) REQUIREMENTS.—In conducting the tion, may be made for up to— with information updated within 24 hours of study, the Administrator shall— ‘‘(A) 50 percent of the cost of that oper- the availability of the information, orga- (1) consider the emphasis and valuation ation; nized by beach and with defined standards, placed on length of beach season, including ‘‘(B) in the case of a project to be carried sampling plan, monitoring protocols, sam- any findings made by the Government Ac- out in a county for which a distressed county pling results, and number and cause of beach countability Office with respect to that em- designation is in effect under section 14526, closing and advisory days; and phasis and valuation; and 80 percent of the cost of that operation; or ‘‘(10) measures to ensure that closures or (2) consult with appropriate Federal, State, ‘‘(C) in the case of a project to be carried advisories are made or issued within 24 hours and local agencies. out for a county for which an at-risk county after the State government determines that (c) REPORT AND REVISION.—Not later than 1 designation is in effect under section 14526, any coastal recreation waters in the State year after the date of enactment of this Act, 70 percent of the cost of that operation.’’; are not meeting or are not expected to meet the Administrator shall— and applicable water quality standards for patho- (1) submit to the Committee on Environ- (2) in subsection (f)— gens and pathogen indicators.’’. ment and Public Works of the Senate and (A) in paragraph (1) by striking ‘‘paragraph SEC. 3028. COMPLIANCE REVIEW. the Committee on Transportation and Infra- (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; Section 406(h) of the Federal Water Pollu- structure of the House of Representatives a and tion Control Act (33 U.S.C. 1346(h)) is amend- report on the results of the study, including (B) by adding at the end the following: ed— any recommendations for revisions of the ‘‘(3) AT-RISK COUNTIES.—The maximum (1) by redesignating paragraphs (1) and (2) distribution formula referred to in sub- Commission contribution for a project to be as subparagraphs (A) and (B), respectively, section (a); and carried out in a county for which an at-risk and indenting the subparagraphs appro- (2) revise the distribution formula referred county designation is in effect under section priately; to in subsection (a) in accordance with those 14526 may be increased to the lesser of— (2) by striking ‘‘In the’’ and inserting the recommendations. ‘‘(A) 70 percent; or following: ‘‘(1) IN GENERAL.—In the’’; and Subtitle D—Appalachian Regional ‘‘(B) the maximum Federal contribution (3) by adding at the end the following: Development Act Amendments of 2008 percentage authorized by this section.’’. ‘‘(2) COMPLIANCE REVIEW.—On or before SEC. 3031. SHORT TITLE. (c) ASSISTANCE FOR PROPOSED LOW- AND July 31 of each calendar year beginning after This subtitle may be cited as the ‘‘Appa- MIDDLE-INCOME HOUSING PROJECTS.—Section the date of enactment of this paragraph, the lachian Regional Development Act Amend- 14503 of title 40, United States Code, is Administrator shall— ments of 2008’’. amended— ‘‘(A) prepare a written assessment of com- SEC. 3032. LIMITATION ON AVAILABLE AMOUNTS; (1) in subsection (d) by striking paragraph pliance with all statutory and regulatory re- MAXIMUM COMMISSION CONTRIBU- (1) and inserting the following: quirements of this section for each State and TION. ‘‘(1) LIMITATION ON AVAILABLE AMOUNTS.—A local government, and of compliance with (a) GRANTS AND OTHER ASSISTANCE.—Sec- loan under subsection (b) for the cost of conditions of each grant made under this tion 14321(a) of title 40, United States Code, planning and obtaining financing (including section to a State or local government, in- is amended— the cost of preliminary surveys and analyses cluding compliance with any requirement or (1) in paragraph (1)(A) by striking clause (i) of market needs, preliminary site engineer- condition under subsection (a)(2) or (c); and inserting the following: ing and architectural fees, site options, ap- ‘‘(B) notify the State or local government ‘‘(i) the amount of the grant shall not ex- plication and mortgage commitment fees, of the assessment; and ceed— legal fees, and construction loan fees and dis- ‘‘(C) make each of the assessments avail- ‘‘(I) 50 percent of administrative expenses; counts) of a project described in that sub- able to the public in a searchable database ‘‘(II) at the discretion of the Commission, section may be made for up to— on or before December 31 of the calendar if the grant is to a local development district ‘‘(A) 50 percent of that cost; year. that has a charter or authority that includes ‘‘(B) in the case of a project to be carried ‘‘(3) CORRECTIVE ACTION.— the economic development of a county or a out in a county for which a distressed county ‘‘(A) IN GENERAL.—Any State or local gov- part of a county for which a distressed coun- designation is in effect under section 14526, ernment that the Administrator notifies ty designation is in effect under section 80 percent of that cost; or under paragraph (2) that the State or local 14526, 75 percent of administrative expenses; ‘‘(C) in the case of a project to be carried government is not in compliance with any or out for a county for which an at-risk county

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designation is in effect under section 14526, (2) by adding at the end the following: (b) CONFORMING AMENDMENT.—The analysis 70 percent of that cost.’’; and ‘‘(3) AT-RISK COUNTIES.—The maximum for chapter 145 of such title is amended by (2) in subsection (e) by striking paragraph Commission contribution for a project to be striking the item relating to section 14526 (1) and inserting the following: carried out in a county for which an at-risk and inserting the following: ‘‘(1) IN GENERAL.—A grant under this sec- county designation is in effect under section ‘‘14526. Distressed, at-risk, and economically tion for expenses incidental to planning and 14526 may be increased to 70 percent.’’. strong counties.’’. obtaining financing for a project under this SEC. 3033. ECONOMIC AND ENERGY DEVELOP- SEC. 3035. AUTHORIZATION OF APPROPRIATIONS. section that the Secretary considers to be MENT INITIATIVE. (a) IN GENERAL.—Section 14703(a) of title unrecoverable from the proceeds of a perma- (a) IN GENERAL.—Subchapter I of chapter 40, United States Code, is amended to read as nent loan made to finance the project shall— 145 of subtitle IV of title 40, United States follows: ‘‘(A) not be made to an organization estab- Code, is amended by adding at the end the ‘‘(a) IN GENERAL.—In addition to amounts lished for profit; and following: made available under section 14501, there is ‘‘(B) except as provided in paragraph (2), ‘‘§ 14508. Economic and energy development authorized to be appropriated to the Appa- not exceed— initiative lachian Regional Commission to carry out ‘‘(i) 50 percent of those expenses; ‘‘(a) PROJECTS TO BE ASSISTED.—The Appa- this subtitle— ‘‘(ii) in the case of a project to be carried lachian Regional Commission may provide ‘‘(1) $87,000,000 for fiscal year 2008; out in a county for which a distressed county technical assistance, make grants, enter into ‘‘(2) $100,000,000 for fiscal year 2009; designation is in effect under section 14526, contracts, or otherwise provide amounts to ‘‘(3) $105,000,000 for fiscal year 2010; 80 percent of those expenses; or persons or entities in the Appalachian region ‘‘(4) $108,000,000 for fiscal year 2011; and ‘‘(iii) in the case of a project to be carried for projects and activities— ‘‘(5) $110,000,000 for fiscal year 2012.’’. out in a county for which an at-risk county ‘‘(1) to promote energy efficiency in the (b) ECONOMIC AND ENERGY DEVELOPMENT designation is in effect under section 14526, Appalachian region to enhance the economic INITIATIVE.—Section 14703(b) of such title is 70 percent of those expenses.’’. competitiveness of the Appalachian region; amended to read as follows: (d) TELECOMMUNICATIONS AND TECHNOLOGY ‘‘(2) to increase the use of renewable en- ‘‘(b) ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE.—Section 14504 of title 40, United ergy resources, particularly biomass, in the INITIATIVE.—Of the amounts made available States Code, is amended by striking sub- under subsection (a), the following amounts Appalachian region to produce alternative section (b) and inserting the following: may be used to carry out section 14508— transportation fuels, electricity, and heat; ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.— ‘‘(1) $12,000,000 for fiscal year 2008; and Of the cost of any activity eligible for a ‘‘(2) $12,500,000 for fiscal year 2009; ‘‘(3) to support the development of re- grant under this section, not more than— ‘‘(3) $13,000,000 for fiscal year 2010; gional, conventional energy resources to ‘‘(1) 50 percent may be provided from ‘‘(4) $13,500,000 for fiscal year 2011; and produce electricity and heat through ad- amounts appropriated to carry out this sec- ‘‘(5) $14,000,000 for fiscal year 2012.’’. vanced technologies that achieve a substan- tion; (c) ALLOCATION OF FUNDS.—Section 14703 of ‘‘(2) in the case of a project to be carried tial reduction in emissions, including green- such title is amended by adding at the end out in a county for which a distressed county house gases, over the current baseline. the following: ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.— designation is in effect under section 14526, ‘‘(d) ALLOCATION OF FUNDS.—Funds ap- 80 percent may be provided from amounts ap- Of the cost of any activity eligible for a proved by the Appalachian Regional Com- propriated to carry out this section; or grant under this section, not more than— mission for a project in a State in the Appa- ‘‘(3) in the case of a project to be carried ‘‘(1) 50 percent may be provided from lachian region pursuant to a congressional out in a county for which an at-risk county amounts appropriated to carry out this sec- directive shall be derived from the total designation is in effect under section 14526, tion; amount allocated to the State by the Appa- 70 percent may be provided from amounts ap- ‘‘(2) in the case of a project to be carried lachian Regional Commission from amounts propriated to carry out this section.’’. out in a county for which a distressed county appropriated to carry out this subtitle.’’. (e) ENTREPRENEURSHIP INITIATIVE.—Section designation is in effect under section 14526, SEC. 3036. TERMINATION. 14505 of title 40, United States Code, is 80 percent may be provided from amounts ap- Section 14704 of title 40, United States amended by striking subsection (c) and in- propriated to carry out this section; or Code, is amended by striking ‘‘2007’’ and in- serting the following: ‘‘(3) in the case of a project to be carried serting ‘‘2012’’. ‘‘(c) LIMITATION ON AVAILABLE AMOUNTS.— out in a county for which an at-risk county SEC. 3037. ADDITIONS TO APPALACHIAN REGION. Of the cost of any activity eligible for a designation is in effect under section 14526, (a) KENTUCKY.—Section 14102(a)(1)(C) of grant under this section, not more than— 70 percent may be provided from amounts ap- title 40, United States Code, is amended— ‘‘(1) 50 percent may be provided from propriated to carry out this section. (1) by inserting ‘‘Metcalfe,’’ after amounts appropriated to carry out this sec- ‘‘(c) SOURCES OF ASSISTANCE.—Subject to ‘‘Menifee,’’; tion; subsection (b), grants provided under this (2) by inserting ‘‘Nicholas,’’ after ‘‘Mor- ‘‘(2) in the case of a project to be carried section may be provided from amounts made gan,’’; and available to carry out this section in com- out in a county for which a distressed county (3) by inserting ‘‘Robertson,’’ after ‘‘Pu- bination with amounts made available under designation is in effect under section 14526, laski,’’. other Federal programs or from any other 80 percent may be provided from amounts ap- (b) OHIO.—Section 14102(a)(1)(H) of such propriated to carry out this section; or source. title is amended— ‘‘(d) FEDERAL SHARE.—Notwithstanding ‘‘(3) in the case of a project to be carried (1) by inserting ‘‘Ashtabula,’’ after any provision of law limiting the Federal out in a county for which an at-risk county ‘‘Adams,’’; share under any other Federal program, designation is in effect under section 14526, (2) by inserting ‘‘Mahoning,’’ after ‘‘Law- 70 percent may be provided from amounts ap- amounts made available to carry out this section may be used to increase that Federal rence,’’; and propriated to carry out this section.’’. (3) by inserting ‘‘Trumbull,’’ after (f) REGIONAL SKILLS PARTNERSHIPS.—Sec- share, as the Commission decides is appro- priate.’’. ‘‘Scioto,’’. tion 14506 of title 40, United States Code, is (c) TENNESSEE.—Section 14102(a)(1)(K) of amended by striking subsection (d) and in- (b) CONFORMING AMENDMENT.—The analysis for chapter 145 of title 40, United States such title is amended by inserting ‘‘Law- serting the following: rence, Lewis,’’ after ‘‘Knox,’’. ‘‘(d) LIMITATION ON AVAILABLE AMOUNTS.— Code, is amended by inserting after the item relating to section 14507 the following: (d) VIRGINIA.—Section 14102(a)(1)(L) of such Of the cost of any activity eligible for a title is amended— grant under this section, not more than— ‘‘14508. Economic and energy development (1) by inserting ‘‘Henry,’’ after ‘‘Grayson,’’; ‘‘(1) 50 percent may be provided from initiative.’’. and amounts appropriated to carry out this sec- SEC. 3034. DISTRESSED, AT-RISK, AND ECONOMI- (2) by inserting ‘‘Patrick,’’ after ‘‘Mont- tion; CALLY STRONG COUNTIES. gomery,’’. ‘‘(2) in the case of a project to be carried (a) DESIGNATION OF AT-RISK COUNTIES.— TITLE IV—FOREIGN RELATIONS out in a county for which a distressed county Section 14526 of title 40, United States Code, PROVISIONS designation is in effect under section 14526, is amended— 80 percent may be provided from amounts ap- (1) in the section heading by inserting ‘‘, Subtitle A—Senator Paul Simon Study propriated to carry out this section; or AT-RISK,’’ after ‘‘DISTRESSED’’; and Abroad Foundation Act of 2008 ‘‘(3) in the case of a project to be carried (2) in subsection (a)(1)— SEC. 4001. SHORT TITLE. out in a county for which an at-risk county (A) by redesignating subparagraph (B) as This subtitle may be cited as the ‘‘Senator designation is in effect under section 14526, subparagraph (C); Paul Simon Study Abroad Foundation Act of 70 percent may be provided from amounts ap- (B) in subparagraph (A) by striking ‘‘and’’ 2008’’. propriated to carry out this section.’’. at the end; and SEC. 4002. FINDINGS. (g) SUPPLEMENTS TO FEDERAL GRANT PRO- (C) by inserting after subparagraph (A) the Congress makes the following findings: GRAMS.—Section 14507(g) of title 40, United following: (1) According to President George W. Bush, States Code, is amended— ‘‘(B) designate as ‘at-risk counties’ those ‘‘America’s leadership and national security (1) in paragraph (1) by striking ‘‘paragraph counties in the Appalachian region that are rest on our commitment to educate and pre- (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; most at risk of becoming economically dis- pare our youth for active engagement in the and tressed; and’’. international community.’’.

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(2) According to former President William to communicate United States values and (7) NONTRADITIONAL STUDY ABROAD DESTINA- J. Clinton, ‘‘Today, the defense of United way of life through the unique dialogue that TION.—The term ‘‘nontraditional study States interests, the effective management takes place among citizens from around the abroad destination’’ means a location that is of global issues, and even an understanding world when individuals study abroad. determined by the Foundation to be a less of our Nation’s diversity require ever-greater (14) An enhanced national study abroad common destination for United States stu- contact with, and understanding of, people program could help further the goals of other dents who study abroad. and cultures beyond our borders.’’. United States Government initiatives to pro- (8) STUDY ABROAD.—The term ‘‘study (3) Congress authorized the establishment mote educational, social, and political re- abroad’’ means an educational program of of the Commission on the Abraham Lincoln form and the status of women in developing study, work, research, internship, or com- Study Abroad Fellowship Program pursuant and reforming societies around the world, bination thereof that is conducted outside to section 104 of the Miscellaneous Appro- such as the Middle East Partnership Initia- the United States and that carries academic priations and Offsets Act, 2004 (division H of tive. credit toward fulfilling the participating stu- Public Law 108–199). Pursuant to its man- (15) To complement such worthwhile Fed- dent’s degree requirements. date, the Lincoln Commission has submitted eral programs and initiatives as the Ben- (9) UNITED STATES.—The term ‘‘United to Congress and the President a report of its jamin A. Gilman International Scholarship States’’ means any of the several States, the recommendations for greatly expanding the Program, the National Security Education District of Columbia, Puerto Rico, the opportunity for students at institutions of Program, and the National Security Lan- Northern Mariana Islands, the Virgin Is- higher education in the United States to guage Initiative, a broad-based under- lands, Guam, American Samoa, and any study abroad, with special emphasis on graduate study abroad program is needed other territory or possession of the United studying in developing nations. that will make many more study abroad op- States. (4) According to the Lincoln Commission, portunities accessible to all undergraduate (10) UNITED STATES STUDENT.—The term ‘‘[s]tudy abroad is one of the major means of students, regardless of their field of study, ‘‘United States student’’ means a national of producing foreign language speakers and en- ethnicity, socio-economic status, or gender. the United States who is enrolled at an insti- hancing foreign language learning’’ and, for SEC. 4003. PURPOSES. tution of higher education located within the that reason, ‘‘is simply essential to the The purposes of this subtitle are— United States. [N]ation’s security’’. (1) to significantly enhance the global (5) Studies consistently show that United SEC. 4005. ESTABLISHMENT AND MANAGEMENT competitiveness and international knowl- OF THE SENATOR PAUL SIMON States students score below their counter- edge base of the United States by ensuring STUDY ABROAD FOUNDATION. parts in other advanced countries on indica- that more United States students have the (a) ESTABLISHMENT.— tors of international knowledge. This lack of opportunity to acquire foreign language (1) IN GENERAL.—There is established in the global literacy is a national liability in an skills and international knowledge through executive branch a corporation to be known age of global trade and business, global significantly expanded study abroad; as the ‘‘Senator Paul Simon Study Abroad interdependence, and global terror. (2) to enhance the foreign policy capacity Foundation’’ that shall be responsible for (6) Americans believe that it is important of the United States by significantly expand- carrying out this subtitle. The Foundation for their children to learn other languages, ing and diversifying the talent pool of indi- shall be a government corporation, as de- study abroad, attend a college where they viduals with non-traditional foreign lan- fined in section 103 of title 5, United States can interact with international students, guage skills and cultural knowledge in the Code. learn about other countries and cultures, United States who are available for recruit- (2) BOARD OF DIRECTORS.—The Foundation and generally be prepared for the global age. ment by United States foreign affairs agen- shall be governed by a Board of Directors in (7) In today’s world, it is more important cies, legislative branch agencies, and non- accordance with subsection (d). than ever for the United States to be a re- governmental organizations involved in for- (3) INTENT OF CONGRESS.—It is the intent of sponsible, constructive leader that other eign affairs activities; countries are willing to follow. Such leader- (3) to ensure that an increasing portion of Congress in establishing the structure of the ship cannot be sustained without an in- study abroad by United States students will Foundation set forth in this subsection to formed citizenry with significant knowledge take place in nontraditional study abroad create an entity that will administer a study and awareness of the world. destinations such as the People’s Republic of abroad program that— (8) Study abroad has proven to be a very ef- China, countries of the Middle East region, (A) serves the long-term foreign policy and fective means of imparting international and and developing countries; and national security needs of the United States; foreign-language competency to students. (4) to create greater cultural under- but (9) In any given year, only approximately standing of the United States by exposing (B) operates independently of short-term one percent of all students enrolled in United foreign students and their families to United political and foreign policy considerations. States institutions of higher education study States students in countries that have not (b) MANDATE OF FOUNDATION.—In admin- abroad. traditionally hosted large numbers of United istering the program referred to in sub- (10) Less than 10 percent of the students States students. section (a)(3), the Foundation shall— who graduate from United States institu- SEC. 4004. DEFINITIONS. (1) promote the objectives and purposes of tions of higher education with bachelors de- In this subtitle: this subtitle; grees have studied abroad. (1) APPROPRIATE CONGRESSIONAL COMMIT- (2) through responsive, flexible grant-mak- (11) Far more study abroad must take TEES.—The term ‘‘appropriate congressional ing, promote access to study abroad opportu- place in developing countries. Ninety-five committees’’ means— nities by United States students at diverse percent of the world’s population growth (A) the Committee on Foreign Affairs and institutions of higher education, including over the next 50 years will occur outside of the Committee on Appropriations of the two-year institutions, minority-serving in- Europe. Yet in the academic year 2004–2005, House of Representatives; and stitutions, and institutions that serve non- 60 percent of United States students study- (B) the Committee on Foreign Relations traditional students; ing abroad studied in Europe, and 45 percent and the Committee on Appropriations of the (3) through creative grant-making, pro- studied in four countries—the United King- Senate. mote access to study abroad opportunities dom, Italy, Spain, and France—according to (2) BOARD.—The term ‘‘Board’’ means the by diverse United States students, including the Institute of International Education. Board of Directors of the Foundation estab- minority students, students of limited finan- (12) The Final Report of the National Com- lished pursuant to section 4005(d). cial means, and nontraditional students; mission on Terrorist Attacks Upon the (3) CHIEF EXECUTIVE OFFICER.—The term (4) solicit funds from the private sector to United States (The 9/11 Commission Report) ‘‘Chief Executive Officer’’ means the chief supplement funds made available under this recommended that the United States in- executive officer of the Foundation ap- subtitle; and crease support for ‘‘scholarship, exchange, pointed pursuant to section 4005(c). (5) minimize administrative costs and and library programs’’. The 9/11 Public Dis- (4) FOUNDATION.—The term ‘‘Foundation’’ maximize the availability of funds for grants course Project, successor to the 9/11 Commis- means the Senator Paul Simon Study under this subtitle. sion, noted in its November 14, 2005, status Abroad Foundation established by section (c) CHIEF EXECUTIVE OFFICER.— report that this recommendation was 4005(a). (1) IN GENERAL.—There shall be in the ‘‘unfulfilled,’’ and stated that ‘‘The U.S. (5) INSTITUTION OF HIGHER EDUCATION.—The Foundation a Chief Executive Officer who should increase support for scholarship and term ‘‘institution of higher education’’ has shall be responsible for the management of exchange programs, our most powerful tool the meaning given the term in section 101(a) the Foundation. to shape attitudes over the course of a gen- of the Higher Education Act of 1965 (20 U.S.C. (2) APPOINTMENT.—The Chief Executive Of- eration.’’. In its December 5, 2005, Final Re- 1001(a)). ficer shall be appointed by the Board and port on the 9/11 Commission Recommenda- (6) NATIONAL OF THE UNITED STATES.—The shall be a recognized leader in higher edu- tions, the 9/11 Public Discourse Project gave term ‘‘national of the United States’’ means cation, business, or foreign policy, chosen on the government a grade of ‘‘D’’ for its imple- a national of the United States or an alien the basis of a rigorous search. mentation of this recommendation. lawfully admitted for permanent residence (3) RELATIONSHIP TO BOARD.—The Chief Ex- (13) Investing in a national study abroad (as those terms are defined in section 101 of ecutive Officer shall report to and be under program would help turn a grade of ‘‘D’’ into the Immigration and Nationality Act (8 the direct authority of the Board. an ‘‘A’’ by equipping United States students U.S.C. 1101)). (4) COMPENSATION AND RANK.—

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(A) IN GENERAL.—The Chief Executive Offi- 135-day period beginning on the date of the shall be structured to the maximum extent cer shall be compensated at the rate pro- enactment of this Act, shall include at least practicable to promote appropriate reforms vided for level IV of the Executive Schedule one member of the Board described in para- in institutions of higher education in order under section 5315 of title 5, United States graph (3)(B). to remove barriers to participation by stu- Code. (8) MEETINGS.—The Board shall meet at the dents in study abroad. (B) AMENDMENT.—Section 5315 of title 5, call of the Chairperson. (2) GRANTS TO INDIVIDUALS AND INSTITU- United States Code, is amended by adding at (9) COMPENSATION.— TIONS.—It is the sense of Congress that— the end the following: (A) OFFICERS OF THE FEDERAL GOVERN- (A) the Foundation should award not more ‘‘Chief Executive Officer, Senator Paul MENT.— than 25 percent of the funds awarded as Simon Study Abroad Foundation.’’. (i) IN GENERAL.—A member of the Board de- grants to individuals described in subpara- (5) AUTHORITIES AND DUTIES.—The Chief Ex- scribed in paragraph (3)(A) may not receive graph (A) of subsection (a)(2) and not less ecutive Officer shall be responsible for the additional pay, allowances, or benefits by than 75 percent of such funds to institutions management of the Foundation and shall ex- reason of the member’s service on the Board. described in subparagraphs (B) and (C) of ercise the powers and discharge the duties of (ii) TRAVEL EXPENSES.—Each such member such subsection; and the Foundation. of the Board shall receive travel expenses, (B) the Foundation should ensure that not (6) AUTHORITY TO APPOINT OFFICERS.—In including per diem in lieu of subsistence, in less than 85 percent of the amount awarded consultation and with approval of the Board, accordance with applicable provisions under to such institutions is used to award scholar- the Chief Executive Officer shall appoint all subchapter I of chapter 57 of title 5, United ships to students. officers of the Foundation. States Code. (e) BALANCE OF LONG-TERM AND SHORT- (d) BOARD OF DIRECTORS.— (B) OTHER MEMBERS.— TERM STUDY ABROAD PROGRAMS.—In admin- (1) ESTABLISHMENT.—There shall be in the (i) IN GENERAL.—Except as provided in istering the program established under sub- Foundation a Board of Directors. clause (ii), a member of the Board described section (a), the Foundation shall seek an ap- (2) DUTIES.—The Board shall perform the in paragraph (3)(B) while away from the propriate balance between— functions specified to be carried out by the member’s home or regular place of business (1) longer-term study abroad programs, Board in this subtitle and may prescribe, on necessary travel in the actual perform- which maximize foreign-language learning amend, and repeal bylaws, rules, regulations, ance of duties as a member of the Board, and intercultural understanding; and and procedures governing the manner in shall be paid per diem, travel, and transpor- (2) shorter-term study abroad programs, which the business of the Foundation may be tation expenses in the same manner as is which maximize the accessibility of study conducted and in which the powers granted provided under subchapter I of chapter 57 of abroad to nontraditional students. to it by law may be exercised. title 5, United States Code. (f) QUALITY AND SAFETY IN STUDY (3) MEMBERSHIP.—The Board shall consist (ii) LIMITATION.—A member of the Board ABROAD.—In administering the program es- of— may not be paid compensation under clause tablished under subsection (a), the Founda- (A) the Secretary of State (or the Sec- (i) for more than 90 days in any calendar tion shall require that institutions receiving retary’s designee), the Secretary of Edu- year. grants demonstrate that— cation (or the Secretary’s designee), the Sec- (1) the study abroad programs for which retary of Defense (or the Secretary’s des- SEC. 4006. ESTABLISHMENT AND OPERATION OF PROGRAM. students receive grant funds are for aca- ignee), and the Administrator of the United (a) ESTABLISHMENT OF THE PROGRAM.— demic credit; and States Agency for International Develop- There is hereby established a program, which (2) the programs have established health ment (or the Administrator’s designee); and shall— (B) five other individuals with relevant ex- and safety guidelines and procedures. (1) be administered by the Foundation; and perience in matters relating to study abroad SEC. 4007. ANNUAL REPORT. (2) award grants to— (such as individuals who represent institu- (a) REPORT REQUIRED.—Not later than De- (A) United States students for study tions of higher education, business organiza- cember 15, 2008, and each December 15 there- abroad; tions, foreign policy organizations, or other after, the Foundation shall submit to the ap- (B) nongovernmental institutions that pro- relevant organizations) who shall be ap- propriate congressional committees a report vide and promote study abroad opportunities pointed by the President, by and with the ad- on the implementation of this subtitle dur- for United States students, in consortium vice and consent of the Senate, of which— ing the prior fiscal year. with institutions described in subparagraph (i) one individual shall be appointed from (b) CONTENTS.—The report required by sub- (C); and among a list of individuals submitted by the section (a) shall include— majority leader of the House of Representa- (C) institutions of higher education, indi- (1) the total financial resources available tives; vidually or in consortium, to the Foundation during the year, including (ii) one individual shall be appointed from in order to accomplish the objectives set appropriated funds, the value and source of among a list of individuals submitted by the forth in subsection (b). any gifts or donations accepted pursuant to (b) OBJECTIVES.—The objectives of the pro- minority leader of the House of Representa- section 4008(a)(6), and any other resources; gram established under subsection (a) are tives; (2) a description of the Board’s policy pri- that, within 10 years of the date of the enact- (iii) one individual shall be appointed from orities for the year and the bases upon which ment of this Act— among a list of individuals submitted by the grant proposals were solicited and awarded (1) not less than one million undergraduate majority leader of the Senate; and to institutions of higher education, non- United States students will study abroad an- (iv) one individual shall be appointed from governmental institutions, and consortiums nually for credit; among a list of individuals submitted by the pursuant to section 4006(a)(2)(B) and (2) the demographics of study-abroad par- minority leader of the Senate. 4006(a)(2)(C); ticipation will reflect the demographics of (4) CHIEF EXECUTIVE OFFICER.—The Chief (3) a list of grants made to institutions of the United States undergraduate population, Executive Officer of the Foundation shall higher education, nongovernmental institu- including students enrolled in community serve as a nonvoting, ex officio member of tions, and consortiums pursuant to section colleges, minority-serving institutions, and the Board. 4006(a)(2)(B) and 4006(a)(2)(C) that includes institutions serving large numbers of low-in- (5) TERMS.— the identity of the institutional recipient, come and first-generation students; and (A) OFFICERS OF THE FEDERAL GOVERN- the dollar amount, the estimated number of (3) an increasing portion of study abroad MENT.—Each member of the Board described study abroad opportunities provided to will take place in nontraditional study in paragraph (3)(A) shall serve for a term United States students by each grant, the abroad destinations, with a substantial por- that is concurrent with the term of service amount of the grant used by each institution tion of such increases taking place in devel- of the individual’s position as an officer for administrative expenses, and information oping countries. within the other Federal department or (c) MANDATE OF THE PROGRAM.—In order to on cost-sharing by each institution receiving agency. accomplish the objectives set forth in sub- a grant; (B) OTHER MEMBERS.—Each member of the section (b), the Foundation shall, in admin- (4) a description of the bases upon which Board described in paragraph (3)(B) shall be istering the program established under sub- the Foundation made grants directly to appointed for a term of 3 years and may be section (a), take fully into account the rec- United States students pursuant to section reappointed for one additional 3 year term. ommendations of the Commission on the 4006(a)(2)(A); (C) VACANCIES.—A vacancy in the Board Abraham Lincoln Study Abroad Fellowship (5) the number and total dollar amount of shall be filled in the manner in which the Program (established pursuant to section 104 grants made directly to United States stu- original appointment was made. of the Miscellaneous Appropriations and Off- dents by the Foundation pursuant to section (6) CHAIRPERSON.—There shall be a Chair- sets Act, 2004 (division H of Public Law 108– 4006(a)(2)(A); and person of the Board. The Secretary of State 199)). (6) the total administrative and operating (or the Secretary’s designee) shall serve as (d) STRUCTURE OF GRANTS.— expenses of the Foundation for the year, as the Chairperson. (1) PROMOTING REFORM.—In accordance well as specific information on— (7) QUORUM.—A majority of the members of with the recommendations of the Commis- (A) the number of Foundation employees the Board described in paragraph (3) shall sion on the Abraham Lincoln Study Abroad and the cost of compensation for Board constitute a quorum, which, except with re- Fellowship Program, grants awarded under members, Foundation employees, and per- spect to a meeting of the Board during the the program established under subsection (a) sonal service contractors;

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7055 (B) costs associated with securing the use to the Inspector General of the Department (5) other relevant matters, as determined of real property for carrying out the func- of State to conduct reviews, investigations, by the Comptroller General, after consulta- tions of the Foundation; and inspections of operations and activities tion with the appropriate congressional com- (C) total travel expenses incurred by Board of the Foundation. mittees. members and Foundation employees in con- SEC. 4009. GENERAL PERSONNEL AUTHORITIES. (c) REPORT REQUIRED.—The Comptroller nection with Foundation activities; and (a) DETAIL OF PERSONNEL.—Upon request of General shall submit a report on the results (D) total representational expenses. the Chief Executive Officer, the head of an of the review conducted under subsection (a) SEC. 4008. POWERS OF THE FOUNDATION; RE- agency may detail any employee of such to the Secretary of State (in the capacity of LATED PROVISIONS. agency to the Foundation on a reimbursable the Secretary as Chairperson of the Board of (a) POWERS.—The Foundation— basis. Any employee so detailed remains, for the Foundation) and to the appropriate con- (1) shall have perpetual succession unless the purpose of preserving such employee’s al- gressional committees. dissolved by a law enacted after the date of lowances, privileges, rights, seniority, and SEC. 4011. AUTHORIZATION OF APPROPRIATIONS. the enactment of this Act; other benefits, an employee of the agency (a) AUTHORIZATION OF APPROPRIATIONS.— (2) may adopt, alter, and use a seal, which from which detailed. (1) IN GENERAL.—There are authorized to be shall be judicially noticed; (b) REEMPLOYMENT RIGHTS.— appropriated to carry out this subtitle (3) may make and perform such contracts, (1) IN GENERAL.—An employee of an agency $80,000,000 for fiscal year 2008 and each subse- grants, and other agreements with any per- who is serving under a career or career con- quent fiscal year. son or government however designated and ditional appointment (or the equivalent), (2) AMOUNTS IN ADDITION TO OTHER AVAIL- wherever situated, as may be necessary for and who, with the consent of the head of ABLE AMOUNTS.—Amounts authorized to be carrying out the functions of the Founda- such agency, transfers to the Foundation, is appropriated by paragraph (1) are in addition tion; entitled to be reemployed in such employee’s to amounts authorized to be appropriated or (4) may determine and prescribe the man- former position or a position of like senior- otherwise made available for educational ex- ner in which its obligations shall be incurred ity, status, and pay in such agency, if such change programs, including the J. William and its expenses allowed and paid, including employee— Fulbright Educational Exchange Program expenses for representation; (A) is separated from the Foundation for and the Benjamin A. Gilman International (5) may lease, purchase, or otherwise ac- any reason, other than misconduct, neglect Scholarship Program, administered by the quire, improve, and use such real property of duty, or malfeasance; and Bureau of Educational and Cultural Affairs wherever situated, as may be necessary for (B) applies for reemployment not later of the Department of State. carrying out the functions of the Founda- than 90 days after the date of separation (b) ALLOCATION OF FUNDS.— tion; from the Foundation. (1) IN GENERAL.—The Foundation may allo- cate or transfer to any agency of the United (6) may accept cash gifts or donations of (2) SPECIFIC RIGHTS.—An employee who sat- services or of property (real, personal, or isfies paragraph (1) is entitled to be reem- States Government any of the funds avail- mixed), tangible or intangible, for the pur- ployed (in accordance with such paragraph) able for carrying out this subtitle. Such pose of carrying out the provisions of this within 30 days after applying for reemploy- funds shall be available for obligation and expenditure for the purposes for which the subtitle; ment and, on reemployment, is entitled to at funds were authorized, in accordance with (7) may use the United States mails in the least the rate of basic pay to which such em- authority granted in this subtitle or under same manner and on the same conditions as ployee would have been entitled had such authority governing the activities of the the executive departments; employee never transferred. United States Government agency to which (8) may contract with individuals for per- (c) HIRING AUTHORITY.—Of persons em- sonal services, who shall not be considered ployed by the Foundation, not to exceed 20 such funds are allocated or transferred. Federal employees for any provision of law persons may be appointed, compensated, or (2) NOTIFICATION.—The Foundation shall administered by the Office of Personnel Man- removed without regard to the civil service notify the appropriate congressional com- agement; laws and regulations. mittees not less than 15 days prior to an al- (9) may hire or obtain passenger motor ve- (d) BASIC PAY.—The Chief Executive Offi- location or transfer of funds pursuant to hicles; and cer may fix the rate of basic pay of employ- paragraph (1). (10) shall have such other powers as may be ees of the Foundation without regard to the Subtitle B—Reconstruction and Stabilization necessary and incident to carrying out this provisions of chapter 51 of title 5, United Civilian Management Act of 2008 subtitle. States Code (relating to the classification of SEC. 4101. SHORT TITLE. (b) PRINCIPAL OFFICE.—The Foundation positions), subchapter III of chapter 53 of This subtitle may be cited as the ‘‘Recon- shall maintain its principal office in the such title (relating to General Schedule pay struction and Stabilization Civilian Manage- metropolitan area of Washington, District of rates), except that no employee of the Foun- ment Act of 2008’’. Columbia. dation may receive a rate of basic pay that SEC. 4102. FINDINGS. (c) APPLICABILITY OF GOVERNMENT COR- exceeds the rate for level IV of the Executive (a) FINDINGS.—Congress finds the fol- PORATION CONTROL ACT.— Schedule under section 5315 of such title. lowing: (1) IN GENERAL.—The Foundation shall be (e) DEFINITIONS.—In this section— (1) In June 2004, the Office of the Coordi- subject to chapter 91 of subtitle VI of title (1) the term ‘‘agency’’ means an executive nator for Reconstruction and Stabilization 31, United States Code, except that the agency, as defined by section 105 of title 5, (referred to as the ‘‘Coordinator’’) was estab- Foundation shall not be authorized to issue United States Code; and lished in the Department of State with the obligations or offer obligations to the public. (2) the term ‘‘detail’’ means the assign- mandate to lead, coordinate, and institu- (2) CONFORMING AMENDMENT.—Section ment or loan of an employee, without a tionalize United States Government civilian 9101(3) of title 31, United States Code, is change of position, from the agency by which capacity to prevent or prepare for post-con- amended by adding at the end the following: such employee is employed to the Founda- flict situations and help reconstruct and sta- ‘‘(S) the Senator Paul Simon Study Abroad tion. bilize a country or region that is at risk of, Foundation.’’. SEC. 4010. GAO REVIEW. in, or is in transition from, conflict or civil (d) INSPECTOR GENERAL.— (a) REVIEW REQUIRED.—Not later than two strife. (1) IN GENERAL.—The Inspector General of years after the date of the enactment of this (2) In December 2005, the Coordinator’s the Department of State shall serve as In- Act, the Comptroller General of the United mandate was reaffirmed by the National Se- spector General of the Foundation, and, in States shall commence a review of the oper- curity Presidential Directive 44, which in- acting in such capacity, may conduct re- ations of the Foundation. structed the Secretary of State, and at the views, investigations, and inspections of all (b) CONTENT.—In conducting the review re- Secretary’s direction, the Coordinator, to co- aspects of the operations and activities of quired under subsection (a), the Comptroller ordinate and lead integrated United States the Foundation. General shall analyze— Government efforts, involving all United (2) AUTHORITY OF THE BOARD.—In carrying (1) whether the Foundation is organized States departments and agencies with rel- out the responsibilities under this sub- and operating in a manner that will permit evant capabilities, to prepare, plan for, and section, the Inspector General shall report to it to fulfill the purposes of this section, as conduct reconstruction and stabilization op- and be under the general supervision of the set forth in section 4003; erations. Board. (2) the degree to which the Foundation is (3) National Security Presidential Direc- (3) REIMBURSEMENT AND AUTHORIZATION OF operating efficiently and in a manner con- tive 44 assigns to the Secretary, with the Co- SERVICES.— sistent with the requirements of paragraphs ordinator’s assistance, the lead role to de- (A) REIMBURSEMENT.—The Foundation (4) and (5) of section 4005(b); velop reconstruction and stabilization strat- shall reimburse the Department of State for (3) whether grantmaking by the Founda- egies, ensure civilian interagency program all expenses incurred by the Inspector Gen- tion is being undertaken in a manner con- and policy coordination, coordinate inter- eral in connection with the Inspector Gen- sistent with subsections (d), (e), and (f) of agency processes to identify countries at eral’s responsibilities under this subsection. section 4006; risk of instability, provide decision-makers (B) AUTHORIZATION FOR SERVICES.—Of the (4) the extent to which the Foundation is with detailed options for an integrated amount authorized to be appropriated under using best practices in the implementation United States Government response in con- section 4010(a) for a fiscal year, up to of this subtitle and the administration of the nection with reconstruction and stabiliza- $2,000,000 is authorized to be made available program described in section 4006; and tion operations, and carry out a wide range

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7056 CONGRESSIONAL RECORD — SENATE July 22, 2008 of other actions, including the development other provision of law and under other provi- bilization activities of other governments of a civilian surge capacity to meet recon- sions of this Act, and transferred or repro- and international and nongovernmental or- struction and stabilization emergencies. The grammed for purposes of this section, and ganizations, to improve effectiveness and Secretary and the Coordinator are also such transfer or reprogramming shall be sub- avoid duplication. charged with coordinating with the Depart- ject to the procedures applicable to a notifi- ‘‘(I) Maintaining the capacity to field on ment of Defense on reconstruction and sta- cation under section 634A of this Act. short notice an evaluation team consisting bilization responses, and integrating plan- ‘‘(b) LIMITATION.—The authority contained of personnel from all relevant agencies to ning and implementing procedures. in this section may be exercised only during undertake on-site needs assessment. (4) The Department of Defense issued Di- fiscal years 2009, 2010, and 2011, except that ‘‘(b) RESPONSE READINESS CORPS.— rective 3000.05, which establishes that sta- the authority may not be exercised to fur- ‘‘(1) RESPONSE READINESS CORPS.—The Sec- bility operations are a core United States nish more than $200,000,000 in any such fiscal retary, in consultation with the Adminis- military mission that the Department of De- year.’’. trator of the United States Agency for Inter- fense must be prepared to conduct and sup- SEC. 4105. RECONSTRUCTION AND STABILIZA- national Development and the heads of other port, provides guidance on stability oper- TION. appropriate agencies of the United States ations that will evolve over time, and as- Title I of the State Department Basic Au- Government, may establish and maintain a signs responsibilities within the Department thorities Act of 1956 (22 U.S.C. 2651a et seq.) Response Readiness Corps (referred to in this of Defense for planning, training, and pre- is amended by adding at the end the fol- section as the ‘Corps’) to provide assistance paring to conduct and support stability oper- lowing new section: in support of reconstruction and stabiliza- tion operations in countries or regions that ations. ‘‘SEC. 62. RECONSTRUCTION AND STABILIZATION. (5) The President’s Fiscal Year 2009 Budget are at risk of, in, or are in transition from, ‘‘(a) OFFICE OF THE COORDINATOR FOR RE- conflict or civil strife. The Corps shall be Request to Congress includes $248,600,000 for CONSTRUCTION AND STABILIZATION.— a Civilian Stabilization Initiative that would composed of active and standby components ‘‘(1) ESTABLISHMENT.—There is established consisting of United States Government per- vastly improve civilian partnership with the within the Department of State the Office of Armed Forces in post-conflict stabilization sonnel, including employees of the Depart- the Coordinator for Reconstruction and Sta- ment of State, the United States Agency for situations, including by establishing an Ac- bilization. tive Response Corps of 250 persons, a Stand- International Development, and other agen- ‘‘(2) COORDINATOR FOR RECONSTRUCTION AND cies who are recruited and trained (and em- by Response Corps of 2000 persons, and a Ci- STABILIZATION.—The head of the Office shall vilian Response Corps of 2000 persons. ployed in the case of the active component) be the Coordinator for Reconstruction and to provide such assistance when deployed to SEC. 4103. DEFINITIONS. Stabilization, who shall be appointed by the do so by the Secretary to support the pur- In this subtitle: President, by and with the advice and con- poses of this subtitle. (1) ADMINISTRATOR.—The term ‘‘Adminis- sent of the Senate. The Coordinator shall re- ‘‘(2) CIVILIAN RESERVE CORPS.—The Sec- trator’’ means the Administrator of the port directly to the Secretary. retary, in consultation with the Adminis- United States Agency for International De- ‘‘(3) FUNCTIONS.—The functions of the Of- trator of the United States Agency for Inter- velopment. fice of the Coordinator for Reconstruction national Development, may establish a Civil- (2) AGENCY.—The term ‘‘agency’’ means and Stabilization shall include the following: ian Reserve Corps for which purpose the Sec- any entity included in chapter 1 of title 5, ‘‘(A) Monitoring, in coordination with rel- retary is authorized to employ and train in- United States Code. evant bureaus and offices of the Department dividuals who have the skills necessary for (3) APPROPRIATE CONGRESSIONAL COMMIT- of State and the United States Agency for carrying out reconstruction and stabiliza- TEES.—The term ‘‘appropriate congressional International Development (USAID), polit- tion activities, and who have volunteered for committees’’ means the Committee on For- ical and economic instability worldwide to that purpose. The Secretary may deploy eign Affairs of the House of Representatives anticipate the need for mobilizing United members of the Civilian Reserve Corps pur- and the Committee on Foreign Relations of States and international assistance for the suant to a determination by the President the Senate. reconstruction and stabilization of a country under section 618 of the Foreign Assistance (4) DEPARTMENT.—Except as otherwise pro- or region that is at risk of, in, or are in tran- Act of 1961. vided in this subtitle, the term ‘‘Depart- sition from, conflict or civil strife. ‘‘(3) MITIGATION OF DOMESTIC IMPACT.—The ment’’ means the Department of State. ‘‘(B) Assessing the various types of recon- establishment and deployment of any Civil- (5) PERSONNEL.—The term ‘‘personnel’’ struction and stabilization crises that could ian Reserve Corps shall be undertaken in a means individuals serving in any service de- occur and cataloging and monitoring the manner that will avoid substantively impair- scribed in section 2101 of title 5, United non-military resources and capabilities of ing the capacity and readiness of any State States Code, other than in the legislative or agencies (as such term is defined in section and local governments from which Civilian judicial branch. 4103 of the Reconstruction and Stabilization Reserve Corps personnel may be drawn. (6) SECRETARY.—The term ‘‘Secretary’’ Civilian Management Act of 2008) that are ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— means the Secretary of State. available to address such crises. There are authorized to be appropriated to SEC. 4104. AUTHORITY TO PROVIDE ASSISTANCE ‘‘(C) Planning, in conjunction with USAID, the Secretary of State such sums as may be FOR RECONSTRUCTION AND STA- to address requirements, such as demobiliza- necessary for fiscal years 2007 through 2010 BILIZATION CRISES. tion, disarmament, rebuilding of civil soci- for the Office and to support, educate, train, Chapter 1 of part III of the Foreign Assist- ety, policing, human rights monitoring, and maintain, and deploy a Response Readiness ance Act of 1961 (22 U.S.C. 2351 et seq.) is public information, that commonly arise in Corps and a Civilian Reserve Corps. amended by inserting after section 617 the reconstruction and stabilization crises. ‘‘(d) EXISTING TRAINING AND EDUCATION following new section: ‘‘(D) Coordinating with relevant agencies PROGRAMS.—The Secretary shall ensure that ‘‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION to develop interagency contingency plans personnel of the Department, and, in coordi- AND STABILIZATION CRISIS. and procedures to mobilize and deploy civil- nation with the Administrator of USAID, that personnel of USAID, make use of the ‘‘(a) ASSISTANCE.— ian personnel and conduct reconstruction relevant existing training and education pro- ‘‘(1) IN GENERAL.—If the President deter- and stabilization operations to address the mines that it is in the national security in- various types of such crises. grams offered within the Government, such as those at the Center for Stabilization and terests of the United States for United ‘‘(E) Entering into appropriate arrange- Reconstruction Studies at the Naval Post- States civilian agencies or non-Federal em- ments with agencies to carry out activities graduate School and the Interagency Train- ployees to assist in reconstructing and stabi- under this section and the Reconstruction ing, Education, and After Action Review lizing a country or region that is at risk of, and Stabilization Civilian Management Act Program at the National Defense Univer- in, or is in transition from, conflict or civil of 2008. sity.’’. strife, the President may, in accordance with ‘‘(F) Identifying personnel in State and SEC. 4106. AUTHORITIES RELATED TO PER- the provisions set forth in section 614(a)(3), local governments and in the private sector SONNEL. subject to paragraph (2) of this subsection who are available to participate in the Civil- (a) EXTENSION OF CERTAIN FOREIGN SERVICE but notwithstanding any other provision of ian Reserve Corps established under sub- BENEFITS.—The Secretary, or the head of any law, and on such terms and conditions as the section (b) or to otherwise participate in or agency with respect to personnel of that President may determine, furnish assistance contribute to reconstruction and stabiliza- agency, may extend to any individuals as- to such country or region for reconstruction tion activities. signed, detailed, or deployed to carry out re- or stabilization using funds under paragraph ‘‘(G) Taking steps to ensure that training construction and stabilization activities pur- (3). and education of civilian personnel to per- suant to section 62 of the State Department ‘‘(2) PRE-NOTIFICATION REQUIREMENT.—The form such reconstruction and stabilization Basic Authorities Act of 1956 (as added by President may not furnish assistance pursu- activities is adequate and is carried out, as section 4105 of this Act), the benefits or ant to paragraph (1) until five days (except- appropriate, with other agencies involved privileges set forth in sections 413, 704, and ing Saturdays, Sundays, and legal public with stabilization operations. 901 of the Foreign Service Act of 1980 (22 holidays) after the requirements under sec- ‘‘(H) Taking steps to ensure that plans for U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C. 4081) tion 614(a)(3) of this Act are carried out. United States reconstruction and stabiliza- to the same extent and manner that such ‘‘(3) FUNDS.—The funds referred to in para- tion operations are coordinated with and benefits and privileges are extended to mem- graph (1) are funds made available under any complementary to reconstruction and sta- bers of the Foreign Service.

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(b) AUTHORITY REGARDING DETAILS.—The SEC. 4202. REAUTHORIZATION OF OPIC PRO- SEC. 4204. PREFERENTIAL CONSIDERATION OF Secretary is authorized to accept details or GRAMS. CERTAIN INVESTMENT PROJECTS. Section 231(f) of the Foreign Assistance assignments of any personnel, and any em- Section 235(a)(2) of the Foreign Assistance ployee of a State or local government, on a Act of 1961 (22 U.S.C. 2191(f)) is amended to Act of 1961 (22 U.S.C. 2195(a)(2)) is amended reimbursable or nonreimbursable basis for read as follows: the purpose of carrying out this subtitle, and by striking ‘‘September 30, 2007’’ and insert- ‘‘(f) to the greatest degree practicable and the head of any agency is authorized to de- ing ‘‘September 30, 2011’’. consistent with the goals of the Corporation, to give preferential consideration to invest- tail or assign personnel of such agency on a SEC. 4203. REQUIREMENTS REGARDING INTER- reimbursable or nonreimbursable basis to ment projects in any less developed country NATIONALLY RECOGNIZED WORKER the government of which is receptive to both the Department of State for purposes of sec- RIGHTS. tion 62 of the State Department Basic Au- domestic and foreign private enterprise and thorities Act of 1956, as added by section 4105 Subsection (a) of section 231A of the For- to projects in any country the government of of this Act. eign Assistance Act of 1961 (22 U.S.C. which is willing and able to maintain condi- SEC. 4107. RECONSTRUCTION AND STABILIZA- 2191a(a)) is amended to read as follows: tions that enable private enterprise to make TION STRATEGY. a full contribution to the development proc- ‘‘(a) INTERNATIONALLY RECOGNIZED WORKER (a) IN GENERAL.—The Secretary of State, ess;’’. RIGHTS.— in consultation with the Administrator of SEC. 4205. CLIMATE CHANGE MITIGATION AC- the United States Agency for International ‘‘(1) IN GENERAL.—The Corporation may in- TION PLAN. Development, shall develop an interagency sure, reinsure, guaranty, or finance a project Title IV of chapter 2 of part I of the For- strategy to respond to reconstruction and only if— eign Assistance Act of 1961 (22 U.S.C. 2191 et stabilization operations. ‘‘(A) the country in which the project is to seq.) is amended by inserting after section (b) CONTENTS.—The strategy required be undertaken is eligible for designation as a 234A the following new section: under subsection (a) shall include the fol- beneficiary developing country under the ‘‘SEC. 234B. CLIMATE CHANGE MITIGATION. lowing: Generalized System of Preferences (19 U.S.C. ‘‘(a) MITIGATION ACTION PLAN.—The Cor- (1) Identification of and efforts to improve 2461 et seq.) and has not been determined to poration shall, not later than 180 days after the skills sets needed to respond to and sup- be ineligible for such designation on the the date of the enactment of the Overseas port reconstruction and stabilization oper- basis of section 502(b)(2)(G) of the Trade Act Private Investment Corporation Reauthor- ations in countries or regions that are at of 1974 (19 U.S.C. 2462(b)(2)(G)) (relating to ization Act of 2008, institute a climate risk of, in, or are in transition from, conflict internationally recognized worker rights), or change mitigation action plan that includes or civil strife. section 502(b)(2)(H) of such Act (19 U.S.C. the following: (2) Identification of specific agencies that 2462(b)(2)(H) (relating to the worst forms of ‘‘(1) CLEAN TECHNOLOGY.— can adequately satisfy the skills sets re- child labor); or ‘‘(A) INCREASING ASSISTANCE.—The Cor- ferred to in paragraph (1). ‘‘(B) the country in which the project is to poration shall establish a goal of substan- (3) Efforts to increase training of Federal be undertaken is not eligible for designation tially increasing its support of projects that civilian personnel to carry out reconstruc- as a beneficiary country under the General- use, develop, or otherwise promote the use of tion and stabilization activities. ized System of Preferences, the government clean energy technologies during the 10-year (4) Efforts to develop a database of proven of that country has taken or is taking steps period beginning on the date of the enact- and best practices based on previous recon- to afford workers in the country (including ment of the Overseas Private Investment struction and stabilization operations. any designated zone or special administra- Corporation Reauthorization Act of 2008. (5) A plan to coordinate the activities of tive region or area in that country) inter- ‘‘(B) PREFERENTIAL TREATMENT TO agencies involved in reconstruction and sta- nationally recognized worker rights (as de- PROJECTS.—The Corporation shall give pref- bilization operations. fined in section 507(4) of the Trade Act of erential treatment to evaluating and award- SEC. 4108. ANNUAL REPORTS TO CONGRESS. ing assistance for, and provide greater flexi- 1974) (19 U.S.C. 2467(4)). Not later than 180 days after the date of bility in supporting, projects that use, de- ‘‘(2) LIMITATION INAPPLICABLE.—The limita- the enactment of this Act and annually for velop, or otherwise promote the use of clean tion contained in paragraph (1) shall not each of the five years thereafter, the Sec- energy technologies. apply to providing assistance for humani- retary of State shall submit to the appro- ‘‘(C) REPORT ON PLAN.—The Corporation tarian services. priate congressional committees a report on shall, not later than 180 days after the date ‘‘(3) USE OF REPORTS.—The Corporation the implementation of this subtitle. The re- of the enactment of the Overseas Private In- shall, in implementing paragraph (1), con- port shall include detailed information on vestment Corporation Reauthorization Act sider— the following: of 2008, submit to the Committees on Foreign ‘‘(A) information contained in the reports (1) Any steps taken to establish a Response Relations and Appropriations of the Senate required by sections 116(d) and 502B(b) of this Readiness Corps and a Civilian Reserve and the Committees on Foreign Affairs and Corps, pursuant to section 62 of the State De- Act and the report required by section 504 of Appropriations of the House of Representa- partment Basic Authorities Act of 1956 (as the Trade Act of 1974 (19 U.S.C. 2464); tives a report on the plan developed to carry added by section 4105 of this Act). ‘‘(B) other relevant sources of information out subparagraph (A). Thereafter, the Cor- (2) The structure, operations, and cost of readily available to the Corporation, includ- poration shall include in its annual report the Response Readiness Corps and the Civil- ing observations, reports, and recommenda- required under section 240A a discussion of ian Reserve Corps, if established. tions of the International Labour Organiza- the plan and its implementation. (3) How the Response Readiness Corps and tion; and ‘‘(2) ENVIRONMENTAL IMPACT ASSESS- the Civilian Reserve Corps coordinate, inter- ‘‘(C) information provided in the hearing MENTS.— act, and work with other United States for- required under subsection (c). ‘‘(A) GREENHOUSE GAS EMISSIONS.—The Cor- eign assistance programs. ‘‘(4) CONTRACT LANGUAGE.—The Corpora- poration shall, in making an environmental (4) An assessment of the impact that de- tion shall include the following language, in impact assessment or initial environmental ployment of the Civilian Reserve Corps, if substantially the following form, in all con- audit for a project under section 231A(b), also any, has had on the capacity and readiness of tracts which the Corporation enters into take into account the degree to which the any domestic agencies or State and local with eligible investors to provide support project contributes to the emission of green- governments from which Civilian Reserve under this title: house gases. Corps personnel are drawn. ‘‘The investor agrees not to take any ac- ‘‘(B) OTHER DUTIES NOT AFFECTED.—The re- (5) The reconstruction and stabilization tions to obstruct or prevent employees of the quirement provided for under subparagraph strategy required by section 4107 and any an- foreign enterprise from exercising the em- (A) is in addition to any other requirement, nual updates to that strategy. ployees’ internationally recognized worker obligation, or duty of the Corporation. (6) Recommendations to improve imple- rights (as defined in section 507(4) of the ‘‘(3) GOALS FOR REDUCING GREENHOUSE GAS mentation of subsection (b) of section 62 of Trade Act of 1974) (19 U.S.C. 2467(4)) and the EMISSIONS.— the State Department Basic Authorities Act investor agrees to adhere to the obligations ‘‘(A) IN GENERAL.—The Corporation shall of 1956, including measures to enhance the regarding those rights. The investor agrees continue to maintain— recruitment and retention of an effective Ci- to prohibit discrimination with respect to ‘‘(i) a goal for reducing direct greenhouse vilian Reserve Corps. employment and occupation. gas emissions associated with projects in the (7) A description of anticipated costs asso- ‘‘(5) PREFERENCE TO CERTAIN COUNTRIES.— Corporation’s portfolio on the date of the en- ciated with the development, annual Consistent with its development objectives, actment of the Overseas Private Investment sustainment, and deployment of the Civilian the Corporation shall give preferential con- Corporation Reauthorization Act of 2008 by Reserve Corps. sideration to projects in countries that— 20 percent during the 10-year period begin- Subtitle C—Overseas Private Investment ‘‘(A) have adopted and maintained, in the ning on such date of enactment; and Corporation Reauthorization of Act of 2008 country’s laws and regulations, internation- ‘‘(ii) a goal for limiting annual invest- SEC. 4201. SHORT TITLE. ally recognized worker rights, as well as the ments in projects that have significant This subtitle may be cited as the ‘‘Over- elimination of discrimination with respect greenhouse gas emissions after such date of seas Private Investment Corporation Reau- to employment and occupation; and enactment in a manner that reduces green- thorization Act of 2008’’. ‘‘(B) are effectively enforcing those laws.’’. house gas emissions associated with projects

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7058 CONGRESSIONAL RECORD — SENATE July 22, 2008 in the Corporation’s total portfolio by 20 per- ‘‘(bb) the independent audit of such reve- The Corporation shall notice such a hearing cent during the 10-year period beginning on nues and expenditures and the widespread at least 20 days in advance. At least 15 days such date of enactment. public dissemination of the finding of the in advance of such hearing the Corporation ‘‘(B) SPECIAL RULES.— audit; and shall make available a public summary of ‘‘(i) BASELINE.—For purposes of deter- ‘‘(cc) verifying government receipts each project, including information related mining the percentage by which greenhouse against company payments, including wide- to workers rights, to be considered at the gas emissions are reduced under subpara- spread dissemination of such payment infor- meeting. The Corporation shall not include graph (A), the Corporation shall use the ag- mation, and disclosure of such documents as any confidential business information in the gregate estimated greenhouse gas emissions host government agreements, concession summary made available under this sub- for projects in the Corporation’s portfolio. agreements, and bidding documents, and al- section. Such views shall be made part of the ‘‘(ii) SIGNIFICANT GREENHOUSE GAS EMIS- lowing in any such dissemination or disclo- record.’’. SIONS PROJECTS.—For purposes of this para- sure for the redaction of, or exceptions for, (b) ADDITIONAL TRANSPARENCY.—Section graph, projects that have significant green- information that is commercially propri- 237 of the Foreign Assistance Act of 1961 (22 house gas emissions are projects that result etary or that would create a competitive dis- U.S.C. 2197) is amended by adding at the end in the emission of more than 100,000 tons of advantage. the following new subsections: ‘‘(p) REVIEW OF METHODOLOGY.—Not later CO2 equivalent each year. ‘‘(B) EXCEPTION.—If a host country does ‘‘(C) REPORTING REQUIREMENTS.—The Cor- not meet the requirements of subparagraph than 180 days after the date of the enactment poration shall include, in each annual report (A)(ii) (I) or (II), the Corporation may ap- of the Overseas Private Investment Corpora- required under section 240A, the following in- prove a contract of insurance, reinsurance, tion Reauthorization Act of 2008, the Cor- formation with respect to the period covered or a guaranty, or enter into an agreement to poration shall make available to the public by the report: provide financing for a project in the host the methodology, including relevant regula- ‘‘(i) The annual greenhouse gas emissions country if the Corporation determines it is tions, used to assess and monitor the impact attributable to each project in the Corpora- in the foreign policy interest of the United of projects supported by the Corporation on tion’s active portfolio that has significant States for the Corporation to provide sup- employment in the United States and on the greenhouse gas emissions. port for the project in the host country and development, the environment, and the pro- ‘‘(ii) The estimated greenhouse gas emis- the host country does not prevent an eligible tection of internationally recognized worker sions for each new project that has signifi- investor from complying with subparagraph rights, as well as the elimination of discrimi- cant greenhouse gas emissions for which the (A)(i). nation with respect to employment and oc- cupation, in host countries. Corporation provided insurance, reinsurance, ‘‘(3) PREFERENCE FOR CERTAIN PROJECTS.— ‘‘(q) PUBLIC NOTICE PRIOR TO PROJECT AP- a guaranty, or financing, since the previous With respect to all projects that signifi- PROVAL.— report. cantly involve an extractive industry, the ‘‘(1) PUBLIC NOTICE.— ‘‘(iii) The extent to which the Corporation Corporation, to the extent practicable and ‘‘(A) IN GENERAL.—The Board of Directors is meeting the goals described in subpara- consistent with the Corporation’s develop- of the Corporation may not vote in favor of graph (A) for reducing greenhouse gas emis- ment objectives, shall give preference to a any action proposed to be taken by the Cor- sions. project in which the eligible investor has poration on a Category A project before the ‘‘(iv) Each new project for which the Cor- agreed to implement the Extractive Indus- poration provided insurance, reinsurance, a date that is 60 days after the Corporation— tries Transparency Initiative principles and guaranty, or financing, that involves renew- ‘‘(i) makes available for public comment a criteria, or substantially similar principles able energy and environmentally beneficial summary of the project and relevant infor- and criteria, and the host country where the products and services, including increased mation about the project; and project is to be carried out has committed to clean energy technology. ‘‘(ii) such summary and information de- the Extractive Industries Transparency Ini- ‘‘(b) EXTRACTION INVESTMENTS.— scribed in clause (i) has been made available tiative principles and criteria, or substan- ‘‘(1) PRIOR NOTIFICATION TO CONGRESSIONAL to groups in the area that may be impacted tially similar principles and criteria. COMMITTEES.— by the proposed project and to nongovern- ‘‘(4) EFFECT ON OTHER REQUIREMENTS.— ‘‘(A) IN GENERAL.—The Corporation shall mental organizations in the host country. Nothing in this subsection shall affect the provide notice of consideration of approval ‘‘(B) EXCEPTION.—The Corporation shall limitations and prohibitions with respect to of a project described in subparagraph (B) to not include any confidential business infor- direct investments described in section the Committees on Foreign Relations and mation in the summary and information 234(c). Appropriations of the Senate and the Com- made available under clauses (i) and (ii) of ‘‘(5) REPORTING REQUIREMENT.—The Cor- mittees on Foreign Affairs and Appropria- subparagraph (A). poration shall include in its annual report tions of the House of Representatives not ‘‘(2) PUBLISHED RESPONSE.—To the extent required under section 240A a description of later than 60 days before approval of such practicable, the Corporation shall publish re- its activities to carry out this subsection. project. sponses to the comments received under ‘‘(c) DEFINITIONS.—In this section: ‘‘(B) PROJECT DESCRIBED.—A project de- paragraph (1)(A)(i) with respect to a Cat- ‘‘(1) CLEAN ENERGY TECHNOLOGY.—The term scribed in this subparagraph is a Category A egory A project and submit the responses to ‘clean energy technology’ means an energy project (as defined in section 237(q)(3)) relat- the Board not later than 7 days before a vote supply or end-use technology that, compared ing to an extractive industry project or any is to be taken on any action proposed by the to a similar technology already in wide- extractive industry project for which the as- Corporation on the project. spread commercial use in a host country, sistance to be provided by the Corporation is ‘‘(3) CATEGORY A PROJECT DEFINED.—The will— valued at $10,000,000 or more (including con- term ‘Category A project’ means any project ‘‘(A) reduce emissions of greenhouse gases; tingent liability). or other activity for which the Corporation or ‘‘(2) COMMITMENT TO EITI PRINCIPLES.— proposes to provide insurance, reinsurance, a ‘‘(B) decrease the intensity of energy ‘‘(A) IN GENERAL.—Except as provided in guaranty, financing, or other assistance usage. subparagraph (B), the Corporation may ap- under this title and which is likely to have ‘‘(2) GREENHOUSE GAS.—The term ‘green- prove a contract of insurance, reinsurance, a a significant adverse environmental im- house gas’ means— guaranty, or enter into an agreement to pro- pact.’’. ‘‘(A) carbon dioxide; vide financing to an eligible investor for a (c) OFFICE OF ACCOUNTABILITY.—Section 237 project that significantly involves an extrac- ‘‘(B) methane; of the Foreign Assistance Act of 1961 (22 tive industry only if— ‘‘(C) nitrous oxide; U.S.C. 2197), as amended by subsection (b) of ‘‘(i) the eligible investor has agreed to im- ‘‘(D) hydrofluorocarbons; this section, is amended by adding at the end plement the Extractive Industries Trans- ‘‘(E) perfluorocarbons; or the following new subsection: parency Initiative principles and criteria, or ‘‘(F) sulfur hexafluoride. ‘‘(r) OFFICE OF ACCOUNTABILITY.—The Cor- substantially similar principles and criteria ‘‘(3) EXTRACTIVE INDUSTRY.—The term ‘ex- poration shall maintain an Office of Ac- related to the specific project to be carried tractive industry’ refers to an enterprise en- countability to provide, to the maximum ex- out; and gaged in the exploration, development, or ex- tent practicable, upon request, problem-solv- ‘‘(ii)(I) the host country where the project traction of oil and gas reserves, metal ores, ing services for projects supported by the is to be carried out has committed to the Ex- gemstones, industrial minerals (except rock Corporation and review of the Corporation’s tractive Industries Transparency Initiative used for construction purposes), or coal.’’. compliance with its environmental, social, principles and criteria, or substantially simi- SEC. 4206. INCREASED TRANSPARENCY. internationally recognized worker rights, lar principles and criteria; or (a) IN GENERAL.—Paragraph (2) of section human rights, and transparency policies and ‘‘(II) the host country where the project is 231A(c) of the Foreign Assistance Act of 1961 procedures. The Office of Accountability to be carried out has in place or is taking the (22 U.S.C. 2191a(c)(2)) is amended to read as shall operate in a manner that is fair, objec- necessary steps to establish functioning sys- follows: tive, and transparent.’’. tems for— ‘‘(2) In conjunction with each meeting of SEC. 4207. TRANSPARENCY AND ACCOUNT- ‘‘(aa) accurately accounting for revenues its Board of Directors, the Corporation shall ABILITY OF INVESTMENT FUNDS. and expenditures in connection with the ex- hold a public hearing in order to afford an (a) IN GENERAL.—Section 239 of the Foreign traction and export of the type of natural re- opportunity for any person to present views Assistance Act of 1961 (22 U.S.C. 2199) is source to be extracted or exported; regarding the activities of the Corporation. amended by adding at the end the following:

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‘‘(l) TRANSPARENCY AND ACCOUNTABILITY OF key without connecting or traversing with tered into with the government of a state INVESTMENT FUNDS.— Armenia.’’. sponsor of terrorism or a nongovernmental ‘‘(1) COMPETITIVE SELECTION OF INVESTMENT SEC. 4209. INELIGIBILITY OF PERSONS DOING entity in a country that is a state sponsor of FUND MANAGEMENT.—With respect to any in- CERTAIN BUSINESS WITH STATE terrorism: vestment fund that the Corporation creates SPONSORS OF TERRORISM. ‘‘(i) The entry into a contract that in- on or after the date of the enactment of the (a) IN GENERAL.—Section 231 of the Foreign cludes responsibility for the development or Overseas Private Investment Corporation Assistance Act of 1961 (22 U.S.C. 2191) is transportation of petroleum or natural gas Reauthorization Act of 2008, the Corporation amended by— resources located in a country that is a state may select persons to manage the fund only (1) striking ‘‘and’’ at the end of division sponsor of terrorism, or the entry into a con- by contract using competitive procedures (m); tract providing for the general supervision or that are full and open. (2) by striking the period at the end of divi- guaranty of another person’s performance of ‘‘(2) CRITERIA FOR SELECTION.—In assessing sion (n) and inserting ‘‘; and’’; and such a contract. proposals for investment fund management (3) by adding at the end the following: ‘‘(ii) The purchase of a share of ownership, proposals, the Corporation shall consider, in ‘‘(o) to decline to issue any contract of in- including an equity interest, in the develop- addition to other factors, the following: surance or reinsurance, or any guaranty, or ment of petroleum or natural resources de- ‘‘(A) The prospective fund management’s to enter into any agreement to provide fi- scribed in clause (i). nancing or any other assistance for a pro- experience, depth, and cohesiveness. ‘‘(iii) The entry into a contract providing spective eligible investor who enters, di- ‘‘(B) The prospective fund management’s for the participation in royalties, earnings, rectly or through an affiliate, into certain track record in investing risk capital in or profits in the development of petroleum or discouraged transactions with a state spon- emerging markets. natural resources described in clause (i), sor of terrorism.’’. ‘‘(C) The prospective fund management’s without regard to the form of the participa- (b) GENERAL PROVISIONS AND POWERS.—Sec- experience, management record, and moni- tion 239 of the Foreign Assistance Act of 1961 tion. toring capabilities in the countries in which (22 U.S.C. 2199), as amended by section 4207, ‘‘(C) STATE SPONSOR OF TERRORISM.—The the management operates, including details is amended by adding at the end the fol- term ‘state sponsor of terrorism’ — of local presence (directly or through local lowing: ‘‘(i) means any country the government of alliances). ‘‘(m) STATE SPONSOR OF TERRORISM.— which the Secretary of State has determined ‘‘(D) The prospective fund management’s ‘‘(1) IN GENERAL.—In order to carry out the has repeatedly provided support for acts of experience as a fiduciary in managing insti- policy set forth in section 231(o) of this Act, international terrorism pursuant to section tutional capital, meeting reporting require- the Corporation shall require a certification 6(j) of the Export Administration Act of 1979, ments, and administration. from an officer of a prospective OPIC-sup- section 620A of this Act, or section 40 of the ‘‘(E) The prospective fund management’s ported United States investor that the inves- Arms Export Control Act; and record in avoiding investments in companies tor and all affiliates of the in vestor are not ‘‘(ii) does not include Southern Sudan, that would be disqualified under section engaged in a discouraged transaction with a Southern Kordofan/Nuba Mountains State, 239(m). state sponsor of terrorism. Blue Nile State, and Abyei, Darfur, if the ‘‘(3) ANNUAL REPORT.—The Corporation ‘‘(2) DISCOURAGED TRANSACTION.—In this Corporation, with the concurrence of the shall include in each annual report under subsection, the term ‘discouraged trans- Secretary of State, determines that pro- section 240A an analysis of the investment action’ means any of the following activi- viding assistance for projects in such regions fund portfolio of the Corporation, including ties: will provide emergency relief, promote eco- the following: ‘‘(A) An investment commitment of nomic self-sufficiency, or implement a non- ‘‘(A) FUND PERFORMANCE.—An analysis of $20,000,000 or more by the investor in the en- military program in support of a viable the aggregate financial performance of the ergy sector in a state sponsor of terrorism. peace agreement in Sudan, such as the Com- investment fund portfolio grouped by region ‘‘(B) Any loan, or an extension of credit, to prehensive Peace Agreement for Sudan and and maturity. the government of a state sponsor of ter- the Darfur Peace Agreement.’’. ‘‘(B) STATUS OF LOAN GUARANTIES.—The rorism by the investor that— SEC. 4210. CONGRESSIONAL NOTIFICATION RE- amount of guaranties committed by the Cor- ‘‘(i) is outstanding on the date the Cor- GARDING MAXIMUM CONTINGENT poration to support investment funds, in- poration enters into a contract with the in- LIABILITY. cluding the percentage of such amount that vestor; and Section 239 of the Foreign Assistance Act has been disbursed to the investment funds. ‘‘(ii) that has a value of more than of 1961 (22 U.S.C. 2199), as amended by sec- ‘‘(C) RISK RATINGS.—The definition of risk $5,000,000, including the sale of goods for tions 4207 and 4209, is amended by adding at ratings, and the current aggregate risk rat- which payment is not required by the pur- the end the following: ings for the investment fund portfolio, in- chaser within 45 days. ‘‘(n) CONGRESSIONAL NOTIFICATION OF IN- cluding the number of investment funds in ‘‘(C) The transfer by the investor of goods CREASE IN MAXIMUM CONTINGENT LIABILITY.— each of the Corporation’s rating categories. that are included on the United States Muni- The Corporation shall notify the Committee ‘‘(D) COMPETITIVE SELECTION OF INVEST- tions List, referred to in section 38(a)(1) of on Foreign Relations of the Senate and the MENT FUND MANAGEMENT.—The number of the Arms Export Control Act (22 U.S.C. Committee on Foreign Affairs of the House proposals received and evaluated for each 2778(a)(1)) to a state sponsor of terrorism of Representatives not later than 15 days newly established investment fund.’’. within the 3-year period preceding the date after the date on which the Corporation’s (b) GAO REVIEW.—Not later than 1 year the Corporation enters into a contract with maximum contingent liability outstanding after the submission of the first report to the investor. at any one time pursuant to insurance issued Congress under section 240A of the Foreign ‘‘(3) EXCEPTION.—An officer of a prospec- under section 234(a), and the amount of fi- Assistance Act of 1961 that includes the in- tive OPIC-supported United States investor nancing issued under sections 234(b) and (c), formation required by section 239(l)(3) of may provide a certification under this sub- exceeds the Corporation’s maximum contin- that Act (as added by subsection (a) of this section notwithstanding the fact that an af- gent liability for the preceding fiscal year by section), the Comptroller General of the filiate of the investor is engaged in a dis- 25 percent or more.’’. United States shall prepare and submit to couraged transaction if the transaction is SEC. 4211. EXTENSION OF AUTHORITY TO OPER- the Committee on Foreign Relations of the carried out under a contract or other obliga- ATE IN IRAQ. Senate and the Committee on Foreign Af- tion of the affiliate that was entered into or Section 239 of the Foreign Assistance Act fairs of the House of Representatives an incurred before the acquisition of such affil- of 1961 (22 U.S.C. 2199), as amended by sec- independent assessment of the investment iate by the prospective OPIC-supported tions 4207, 4209, and 4210, is amended by add- fund portfolio of the Overseas Private Invest- United States investor or the parent com- ing at the end the following: ment Corporation, covering the items re- pany of the OPIC-supported United States ‘‘(o) OPERATIONS IN IRAQ.—Notwithstanding quired to be addressed under such section investor. subsections (a) and (b) of section 237, the 239(l)(3). ‘‘(4) DEFINITIONS.—In this subsection: Corporation is authorized to undertake in SEC. 4208. PROHIBITION ON ASSISTANCE TO DE- FFILIATE Iraq any program authorized by this title.’’. VELOP OR PROMOTE CERTAIN RAIL- ‘‘(A) A .—The term ‘affiliate’ WAY CONNECTIONS AND RAILWAY- means any person that is directly or indi- SEC. 4212. LOW-INCOME HOUSING. RELATED CONNECTIONS. rectly controlled by, under common control Not later than 1 year after the date of the Section 237 of the Foreign Assistance Act with, or controls a prospective OPIC-sup- enactment of this Act, the Corporation shall of 1961 (22 U.S.C. 2197), as amended by section ported United States investor or the parent submit a report to the Committee on For- 4206, is amended by adding at the end the fol- company of such investor. eign Relations of the Senate and the Com- lowing: ‘‘(B) INVESTMENT COMMITMENT IN THE EN- mittee on Foreign Affairs of the House of ‘‘(s) PROHIBITION ON ASSISTANCE FOR CER- ERGY SECTOR OF A STATE SPONSOR OF TER- Representatives, in consultation with appro- TAIN RAILWAY PROJECTS.—The Corporation RORISM.—The term ‘investment commitment priate departments, agencies, and instru- may not provide insurance, reinsurance, a in the energy sector of a state sponsor of ter- mentalities of the United States, as well as guaranty, financing, or other assistance to rorism’ means any of the following activities private entities, on the feasibility of broad- support the development or promotion of a if such activity is undertaken pursuant to a ening the assistance the Corporation pro- railway connection or railway-related con- commitment, or pursuant to the exercise of vides to projects that provide support to low- nection that connects Azerbaijan and Tur- rights under a commitment, that was en- income home buyers. If the Corporation finds

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7060 CONGRESSIONAL RECORD — SENATE July 22, 2008 such assistance is feasible, the Corporation Subtitle D—Tropical Forest and Coral ing the ecological integrity of that coral shall identify and begin to implement steps Conservation Reauthorization Act of 2008 reef, such as seagrasses, mangroves, sandy to proceed to provide such assistance. SEC. 4301. SHORT TITLE. seabed communities, and immediately adja- cent coastal areas.’’. SEC. 4213. ASSISTANCE FOR SMALL BUSINESSES This subtitle may be cited as the ‘‘Tropical AND ENTITIES. Forest and Coral Conservation Reauthoriza- SEC. 4304. CHANGE TO NAME OF FACILITY. tion Act of 2008’’. (a) IN GENERAL.—Section 804 of the Trop- Section 240 of the Foreign Assistance Act ical Forest and Coral Conservation Act of of 1961 (22 U.S.C. 2200) is amended by adding SEC. 4302. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS EXPANDED SCOPE. 2008 (22 U.S.C. 2431b), as renamed by section at the end the following: (a) IN GENERAL.—Section 801 of the Trop- 4302(a), is amended by striking ‘‘Tropical ‘‘(c) RESOURCES DEDICATED TO SMALL BUSI- ical Forest Conservation Act of 1998 (Public Forest Facility’’ and inserting ‘‘Conserva- NESSES, COOPERATIVES, AND OTHER SMALL Law 87–195; 22 U.S.C. 2151 note) is amended tion Facility’’. UNITED STATES INVESTORS.—The Corporation by striking ‘‘Tropical Forest Conservation (b) CONFORMING AMENDMENTS TO DEFINI- shall ensure that adequate personnel and re- Act of 1998’’ and inserting ‘‘Tropical Forest TIONS.—Section 803(8) of such Act (22 U.S.C. sources, including senior officers, are dedi- and Coral Conservation Act of 2008’’. 2431a(8)) is amended— cated to assist United States small busi- (b) REFERENCES.—Any reference in any (1) in the heading, by striking ‘‘TROPICAL nesses, cooperatives, and other small United other provision of law, regulation, document, FOREST FACILITY’’ and inserting ‘‘CONSERVA- States investors in obtaining insurance, re- paper, or other record of the United States TION FACILITY’’; and insurance, financing, and other assistance to the ‘‘Tropical Forest Conservation Act of (2) by striking ‘‘Tropical Forest Facility’’ under this title. The Corporation shall in- 1998’’ shall be deemed to be a reference to the both places it appears and inserting ‘‘Con- clude, in each annual report under section ‘‘Tropical Forest and Coral Conservation Act servation Facility’’. (c) REFERENCES.—Any reference in any 240A, the following information with respect of 2008’’. to the period covered by the report: other provision of law, regulation, document, SEC. 4303. EXPANSION OF SCOPE OF ACT TO PRO- paper, or other record of the United States ‘‘(1) A description of such personnel and re- TECT FORESTS AND CORAL REEFS. to the ‘‘Tropical Forest Facility’’ shall be sources. (a) IN GENERAL.—Section 802 of the Trop- deemed to be a reference to the ‘‘Conserva- ‘‘(2) The number of United States small ical Forest and Coral Conservation Act of tion Facility’’. businesses, cooperatives, and other small 2008 (22 U.S.C. 2431), as renamed by section United States investors that received insur- 2(a), is amended— SEC. 4305. ELIGIBILITY FOR BENEFITS. Section 805(a) of the Tropical Forest and ance, reinsurance, financing, and other as- (1) in subsections (a)(1), (a)(6), (a)(7), (b)(1), Coral Conservation Act of 2008 (22 U.S.C. sistance from the Corporation, and the dollar (b)(3), and (b)(4), by striking ‘‘tropical for- 2431c(a)), as renamed by section 4302(a), is value of such insurance, reinsurance, financ- ests’’ each place it appears and inserting amended by striking ‘‘tropical forest’’ and ing, and other assistance. ‘‘tropical forests and coral reefs and associ- inserting ‘‘tropical forest or coral reef’’. ‘‘(3) A description of the projects for which ated coastal marine ecosystems’’; the insurance, reinsurance, financing, and (2) in subsection (a)(2)— SEC. 4306. UNITED STATES GOVERNMENT REP- other assistance was provided.’’. RESENTATION ON OVERSIGHT BOD- (A) in subparagraph (A), by striking ‘‘re- IES FOR GRANTS FROM DEBT-FOR- SEC. 4214. TECHNICAL CORRECTIONS. sources, which are the basis for developing NATURE SWAPS AND DEBT- pharmaceutical products and revitalizing ag- BUYBACKS. (a) PILOT EQUITY FINANCE PROGRAM.—Sec- ricultural crops’’ and inserting ‘‘resources’’; Section 808(a)(5) of the Tropical Forest and tion 234 of the Foreign Assistance Act of 1961 and Coral Conservation Act of 2008 (22 U.S.C. (22 U.S.C. 2194) is amended— (B) in subparagraph (C), by striking ‘‘far- 2431f(a)(5)), as renamed by section 4302(a), is (1) by striking subsection (g); and flung’’; and amended by adding at the end the following (2) by redesignating subsection (h) as sub- (3) in subsection (b)(2)— new subparagraph: section (g). (A) by striking ‘‘tropical forests’’ the first ‘‘(C) UNITED STATES GOVERNMENT REP- (b) TRANSFER AUTHORITY.—Section 235 of place it appears and inserting ‘‘tropical for- RESENTATION ON THE ADMINISTERING BODY.— the Foreign Assistance Act of 1961 (22 U.S.C. ests and coral reefs and associated coastal One or more individuals appointed by the 2195) is amended— marine ecosystems’’; United States Government may serve in an (1) by striking subsection (e); and (B) by striking ‘‘tropical forests’’ the sec- official capacity on the administering body (2) by redesignating subsection (f) as sub- ond place it appears and inserting ‘‘areas’’; that oversees the implementation of grants section (e). (C) by striking ‘‘tropical forests’’ the third arising from a debt-for-nature swap or debt (c) GUARANTY CONTRACT.—Section 237(j) of place it appears and inserting ‘‘tropical for- buy-back regardless of whether the United the Foreign Assistance Act of 1961 (22 U.S.C. ests and coral reefs and their associated States is a party to any agreement between 2197(j)) is amended by inserting ‘‘insurance, coastal marine ecosystems’’; and the eligible purchaser and the government of reinsurance, and’’ after ‘‘Each’’. (D) by striking ‘‘that have led to deforest- the beneficiary country.’’. ation’’ and inserting ‘‘on such countries’’. SEC. 4307. CONSERVATION AGREEMENTS. (d) TRANSFER OF PREDECESSOR PROGRAMS (b) AMENDMENTS RELATED TO DEFINI- (a) RENAMING OF AGREEMENTS.—Section 809 AND AUTHORITIES.— TIONS.—Section 803 of such Act (22 U.S.C. of the Tropical Forest and Coral Conserva- (1) TRANSFER.—Section 239 of the Foreign 2431a) is amended— tion Act of 2008 (22 U.S.C. 2431g), as renamed Assistance Act of 1961 (22 U.S.C. 2199), as (1) in paragraph (5)— by section 4302(a), is amended— amended by sections 4207, 4209, 4210, and 4211, (A) in the heading, by striking ‘‘TROPICAL (1) in the section heading, by striking ‘‘trop- is amended— FOREST’’ and inserting ‘‘TROPICAL FOREST OR ical forest agreement’’ and inserting ‘‘conserva- (A) by striking subsection (b); and CORAL REEF’’; tion agreement’’; and (B) by redesignating subsections (c) (B) in the matter preceding subparagraph (2) in subsection (a)— through (o) as subsections (b) through (n), (A), by striking ‘‘tropical forest’’ and insert- (A) by striking ‘‘AUTHORITY’’ and all that respectively. ing ‘‘tropical forest or coral reef’’; and follows through ‘‘(1) IN GENERAL.—The Sec- (2) CONFORMING AMENDMENTS.— (C) in subparagraph (B), by striking ‘‘trop- retary’’ and inserting ‘‘AUTHORITY.—The (A) Section 237(m)(1) of the Foreign Assist- ical forest’’ and inserting ‘‘tropical forest or Secretary’’; and ance Act of 1961 (22 U.S.C. 2197(m)(1)) is coral reef’’. (B) by striking ‘‘Tropical Forest Agree- amended by striking ‘‘239(g)’’ and inserting (2) by adding at the end the following new ment’’ and inserting ‘‘Conservation Agree- ‘‘239(f)’’. paragraphs: ment’’. (B) Section 240A(a) of the Foreign Assist- ‘‘(10) CORAL.—The term ‘coral’ means spe- (b) ELIMINATION OF REQUIREMENT TO CON- ance Act of 1961 (22 U.S.C. 2200A(a)) is cies of the phylum Cnidaria, including— SULT WITH THE ENTERPRISE FOR THE AMER- amended— ‘‘(A) all species of the orders Antipatharia ICAS BOARD.—Such subsection is further (i) in paragraph (1), by striking ‘‘239(h)’’ (black corals), Scleractinia (stony corals), amended by striking paragraph (2). and inserting ‘‘239(g)’’; and Alcyonacea (soft corals), Gorgonacea (horny (c) ROLE OF BENEFICIARY COUNTRIES.—Such (ii) in paragraph (2)(A), by striking ‘‘239(i)’’ corals), Stolonifera (organpipe corals and section is further amended— and inserting ‘‘239(h)’’. others), and Coenothecalia (blue coral), of (1) in subsection (e)(1)(C), by striking ‘‘in (C) Section 209(e)(16) of the Admiral James the class Anthoza; and exceptional circumstances, the government W. Nance and Meg Donovan Foreign Rela- ‘‘(B) all species of the order Hydrocorallina of the beneficiary country’’ and inserting ‘‘in tions Authorization Act, Fiscal Years 2000 (fire corals and hydrocorals) of the class limited circumstances, the government of and 2001 (as enacted into law by section Hydrozoa. the beneficiary country when needed to im- 1000(a)(7) of Public Law 106–113; 31 U.S.C. 1113 ‘‘(11) CORAL REEF.—The term ‘coral reef’ prove governance and enhance management note) is amended by striking ‘‘239(c)’’ and means any reef or shoal composed primarily of tropical forests or coral reefs or associated ‘‘2199(c)’’ and inserting ‘‘239(b)’’ and of coral. coastal marine ecosystems, without replac- ‘‘2199(b)’’, respectively. ‘‘(12) ASSOCIATED COASTAL MARINE ECO- ing existing levels of financial efforts by the (e) ADDITIONAL CLERICAL AMENDMENTS.— SYSTEM.—The term ‘associated coastal ma- government of the beneficiary country and Section 234(b) of the Foreign Assistance Act rine ecosystem’ means any coastal marine with priority given to projects that com- of 1961 (22 U.S.C. 2194(b)) is amended by strik- ecosystem surrounding, or directly related plement grants made under subparagraphs ing ‘‘235(a)(2)’’ and inserting ‘‘235(a)(1)’’. to, a coral reef and important to maintain- (A) and (B)’’; and

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7061 (2) by amending subsection (f) to read as (1) in subsection (a)— SEC. 4404. AUTHORIZATION OF APPROPRIATIONS follows: (A) by striking ‘‘(a) IN GENERAL.—Not later FOR THE UNITED STATES CON- ‘‘(f) REVIEW OF LARGER GRANTS.—Any than December 31’’ and inserting ‘‘Not later TRIBUTION TO THE UNITED NA- grant of more than $250,000 from a Fund than April 15’’; TIONS VOLUNTARY FUND FOR VIC- TIMS OF TORTURE. must be approved by the Government of the (B) by striking ‘‘Facility’’ both places it Section 6(a) of the Torture Victims Relief United States and the government of the appears and inserting ‘‘Conservation Facil- Act of 1998 (22 U.S.C. 2152 note) is amended to beneficiary country.’’. ity’’; and read as follows: (d) TECHNICAL AND CONFORMING AMEND- (C) by striking ‘‘fiscal year’’ both places it ‘‘(a) FUNDING.—Of the amounts authorized MENTS.—Such section is further amended— appears and inserting ‘‘calendar year’’; and to be appropriated for fiscal years 2008 and (1) in subsection (c)(2)(A)(i), by inserting (2) by striking subsection (b). 2009 pursuant to chapter 3 of part I of the ‘‘to serve in an official capacity’’ after ‘‘Gov- SEC. 4311. CHANGES TO INTERNATIONAL MONE- Foreign Assistance Act of 1961 (22 U.S.C. 2221 ernment’’; TARY FUND CRITERION FOR COUN- et seq.), there are authorized to be appro- (2) in subsection (d)— TRY ELIGIBILITY. priated to the President for a voluntary con- (A) in the matter preceding paragraph (1), Section 703(a)(5) of the Foreign Assistance tribution to the United Nations Voluntary by striking ‘‘tropical forests’’ and inserting Act of 1961 (22 U.S.C. 2430b(a)(5)) is amend- Fund for Victims of Torture $12,000,000 for ‘‘tropical forests and coral reefs and associ- ed— each of the fiscal years 2008 and 2009.’’. ated coastal marine ecosystems related to (1) by striking ‘‘or, as appropriate in excep- such coral reefs’’; tional circumstances,’’ and inserting ‘‘or’’; Subtitle F—Support for the Museum of the (B) in paragraph (5), by striking ‘‘tropical (2) in subparagraph (A)— History of Polish Jews Act of 2008 forest’’; and (A) by striking ‘‘or in exceptional cir- SEC. 4501. SHORT TITLE. (C) in paragraph (6), by striking ‘‘living in cumstances, a Fund monitored program or This subtitle may be cited as the ‘‘Support or near a tropical forest in a manner con- its equivalent,’’ and inserting ‘‘or a Fund for the Museum of the History of Polish Jews sistent with protecting such tropical forest’’ monitored program, or is implementing Act of 2008’’. and inserting ‘‘dependent on a tropical forest sound macroeconomic policies,’’; and SEC. 4502. FINDINGS. or coral reef or an associated coastal marine (B) by striking ‘‘(after consultation with Congress finds the following: ecosystem related to such coral reef and re- the Enterprise for the Americas Board)’’; and (1) Current and future generations benefit lated resources in a manner consistent with (3) in subparagraph (B), by striking ‘‘(after greatly by visible reminders and documenta- conserving such resources’’. consultation with the Enterprise for Amer- tion of the historical and cultural roots of (e) CONFORMING AMENDMENTS TO DEFINI- icas Board)’’. their society. TIONS.—Section 803(7) of such Act (22 U.S.C. SEC. 4312. NEW AUTHORIZATION OF APPROPRIA- (2) It is in the national interest of the 2431a(7)) is amended— TIONS FOR THE REDUCTION OF United States to encourage the preservation (1) in the heading, by striking ‘‘TROPICAL DEBT AND AUTHORIZATION FOR and protection of artifacts associated with FOREST AGREEMENT’’ and inserting ‘‘CON- AUDIT, EVALUATION, MONITORING, the heritage of United States citizens who AND ADMINISTRATION EXPENSES. SERVATION AGREEMENT’’; and trace their forbearers to other countries and (2) by striking ‘‘Tropical Forest Agree- Section 806 of the Tropical Forest and to encourage the collection and dissemina- ment’’ both places it appears and inserting Coral Conservation Act of 2008 (22 U.S.C. tion of knowledge about that heritage. ‘‘Conservation Agreement’’. 2431d), as renamed by section 4302(a), is (3) According to the 2000 United States amended— SEC. 4308. CONSERVATION FUND. Census, nearly 9,000,000 Americans are of (1) in subsection (d), by adding at the end (a) IN GENERAL.—Section 810 of the Trop- Polish ancestry. the following new paragraphs: ical Forest and Coral Conservation Act of (4) At the beginning of World War II, Po- ‘‘(7) $30,000,000 for fiscal year 2008. 2008 (22 U.S.C. 2431h), as renamed by section land had the largest Jewish population in ‘‘(8) $30,000,000 for fiscal year 2009. 4302(a), is amended— Europe. ‘‘(9) $30,000,000 for fiscal year 2010.’’; and (1) in the section heading, by striking (5) In 1996, Yeshayahu Weinberg, a found- (2) by amending subsection (e) to read as ‘‘TROPICAL FOREST FUND’’ and inserting ing director of Tel Aviv’s Diaspora Museum follows: ‘‘CONSERVATION FUND’’; and and the United States Holocaust Memorial ‘‘(e) USE OF FUNDS TO CONDUCT PROGRAM (2) in subsection (a)— Museum, created an international team of AUDITS, EVALUATIONS, MONITORING, AND AD- (A) by striking ‘‘Tropical Forest Agree- experts with the goal of establishing a Mu- MINISTRATION.—Of the amounts made avail- seum of the History of Polish Jews. ment’’ and inserting ‘‘Conservation Agree- able to carry out this part for a fiscal year, (6) The Museum of the History of Polish ment’’; and $300,000 is authorized to be made available to Jews will preserve and present the history of (B) by striking ‘‘Tropical Forest Fund’’ carry out audits, evaluations, monitoring, the Jewish people in Poland and the wealth and inserting ‘‘Conservation Fund’’. and administration of programs under this (b) CONFORMING AMENDMENTS TO DEFINI- of their culture spanning a period of 1,000 part, including personnel costs associated TIONS.—Such Act is further amended— years. with such audits, evaluations, monitoring (1) in section 803(9) (22 U.S.C. 2431a(9))— (7) In 1997, the City of Warsaw donated a and administration.’’ (A) in the heading, by striking ‘‘TROPICAL parcel of land, opposite the Warsaw Ghetto FOREST FUND’’ and inserting ‘‘CONSERVATION Subtitle E—Torture Victims Relief Uprising Memorial, for the explicit use for FUND’’; and Reauthorization Act of 2008 the Museum of the History of Polish Jews. (B) by striking ‘‘Tropical Forest Fund’’ SEC. 4401. SHORT TITLE. (8) In 2005, the Government of Poland and both places it appears and inserting ‘‘Con- This subtitle may be cited as the ‘‘Torture the City of Warsaw agreed to provide servation Fund’’; Victims Relief Reauthorization Act of 2008’’. 40,000,000 Polish zlotys for the construction (2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), SEC. 4402. AUTHORIZATION OF APPROPRIATIONS of the Museum of the History of Polish Jews. by striking ‘‘Tropical Forest Fund’’ and in- FOR DOMESTIC TREATMENT CEN- (9) In 2005, an international architectural serting ‘‘Conservation Fund’’; and TERS FOR VICTIMS OF TORTURE. competition selected a Finnish firm to de- (3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), Section 5(b)(1) of the Torture Victims Re- sign the building for the Museum of the His- by striking ‘‘Tropical Forest Fund’’ and in- lief Act of 1998 (22 U.S.C. 2152 note) is amend- tory of Polish Jews. serting ‘‘Conservation Fund’’. ed to read as follows: (10) In 2006, the building for the Museum of ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— SEC. 4309. REPEAL OF AUTHORITY OF THE EN- the History of Polish Jews moved into the TERPRISE FOR THE AMERICAS Of the amounts authorized to be appro- last phase of project design. BOARD TO CARRY OUT ACTIVITIES priated for the Department of Health and SEC. 4503. ASSISTANCE FOR THE MUSEUM OF UNDER THE FOREST AND CORAL Human Services for fiscal years 2008 and 2009, THE HISTORY OF POLISH JEWS. CONSERVATION ACT OF 2008. there are authorized to be appropriated to (a) AUTHORITY.—The Secretary of State is (a) IN GENERAL.—Section 811 of the Trop- carry out subsection (a) $25,000,000 for each authorized to provide not more than ical Forest and Coral Conservation Act of of the fiscal years 2008 and 2009.’’. $5,000,000 in assistance, on such terms and 2008 (22 U.S.C. 2431i), as renamed by section SEC. 4403. AUTHORIZATION OF APPROPRIATIONS conditions as the Secretary may specify, to 4302(a), is repealed. FOR FOREIGN TREATMENT CENTERS fund the establishment of, and maintain the (b) CONFORMING AMENDMENTS.—Section 803 FOR VICTIMS OF TORTURE. permanent collection of, the Museum of the of such Act (22 U.S.C. 2431a), as renamed by Section 4(b)(1) of the Torture Victims Re- History of Polish Jews. section 4302(a), is amended— lief Act of 1998 (22 U.S.C. 2152 note) is amend- (b) EXPIRATION.—The authority under sub- (1) by striking paragraph (4); and ed to read as follows: section (a) shall expire on October 1, 2010. (2) by redesignating paragraphs (5), (6), (7), ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— TITLE V—COMMERCE, SCIENCE, AND (8), and (9) as paragraphs (4), (5), (6), (7), and Of the amounts authorized to be appro- TRANSPORTATION PROVISIONS (8), respectively. priated for fiscal years 2008 and 2009 pursuant Subtitle A—Communications SEC. 4310. CHANGES TO DUE DATES OF ANNUAL to chapter 1 of part I of the Foreign Assist- REPORTS TO CONGRESS. ance Act of 1961 (22 U.S.C. 2151 et seq.), there PART I—BROADBAND DATA Section 813 of the Tropical Forest and are authorized to be appropriated to the IMPROVEMENT ACT Coral Conservation Act of 2008 (22 U.S.C. President to carry out section 130 of such SEC. 5101. SHORT TITLE. 2431k), as renamed by section 4302(a), is Act $12,000,000 for each of the fiscal years This part may be cited as the ‘‘Broadband amended— 2008 and 2009.’’. Data Improvement Act’’.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7062 CONGRESSIONAL RECORD — SENATE July 22, 2008 SEC. 5102. FINDINGS. regulatory model under which broadband (4) to distinguish between complementary The Congress finds the following: service capability is provided, the types of and substitutable broadband offerings in (1) The deployment and adoption of applications and services used, business and evaluating deployment and penetration. broadband technology has resulted in en- residential use of such services, and other (b) REPORT.—Not later than 1 year after hanced economic development and public media available to consumers. the date of enactment of this Act, the Comp- safety for communities across the Nation, (c) CONSUMER SURVEY OF BROADBAND SERV- troller General shall submit a report to the improved health care and educational oppor- ICE CAPABILITY.— Senate Committee on Commerce, Science, tunities, and a better quality of life for all (1) IN GENERAL.—For the purpose of evalu- and Transportation and the House of Rep- Americans. ating, on a statistically significant basis, the resentatives Committee on Energy and Com- (2) Continued progress in the deployment national characteristics of the use of merce on the results of the study, with rec- and adoption of broadband technology is broadband service capability, the Commis- ommendations for how industry and the Fed- vital to ensuring that our Nation remains sion shall conduct and make public periodic eral Communications Commission can use competitive and continues to create business surveys of consumers in urban, suburban, such metrics and comparisons to improve and job growth. and rural areas in the large business, small the quality of broadband data and to better (3) Improving Federal data on the deploy- business, and residential consumer markets evaluate the deployment and penetration of ment and adoption of broadband service will to determine— comparable broadband service at comparable assist in the development of broadband tech- (A) the types of technology used to provide rates across all regions of the Nation. nology across all regions of the Nation. the broadband service capability to which SEC. 5105. STUDY ON THE IMPACT OF (4) The Federal Government should also consumers subscribe; BROADBAND SPEED AND PRICE ON SMALL BUSINESSES. recognize and encourage complementary (B) the amounts consumers pay per month (a) IN GENERAL.—The Small Business Ad- State efforts to improve the quality and use- for such capability; ministration Office of Advocacy shall con- fulness of broadband data and should encour- (C) the actual data transmission speeds of such capability; duct a study evaluating the impact of age and support the partnership of the public broadband speed and price on small busi- and private sectors in the continued growth (D) the types of applications and services consumers most frequently use in conjunc- nesses. of broadband services and information tech- (b) REPORT.—Not later than 1 year after tion with such capability; nology for the residents and businesses of the date of enactment of this Act, the Office (E) for consumers who have declined to the Nation. shall submit a report to the Senate Com- subscribe to broadband service capability, SEC. 5103. IMPROVING FEDERAL DATA ON mittee on Commerce, Science, and Transpor- the reasons given by such consumers for de- BROADBAND. tation, the Senate Committee on Small clining such capability; (a) IMPROVING SECTION 706 INQUIRY.—Sec- Business and Entrepreneurship, the House of (F) other sources of broadband service ca- tion 706 of the Telecommunications Act of Representatives Committee on Energy and 1996 (47 U.S.C. 157 note) is amended— pability which consumers regularly use or on Commerce, and the House of Representatives (1) by striking ‘‘regularly’’ in subsection which they rely; and Committee on Small Business on the results (b) and inserting ‘‘annually’’; (G) any other information the Commission of the study, including— (2) by redesignating subsection (c) as sub- deems appropriate for such purpose. (1) a survey of broadband speeds available section (d); and (2) PUBLIC AVAILABILITY.—The Commission to small businesses; (3) by inserting after subsection (b) the fol- shall make publicly available the results of (2) a survey of the cost of broadband speeds lowing: surveys conducted under this subsection at available to small businesses; ‘‘(c) DEMOGRAPHIC INFORMATION FOR least once per year. (3) a survey of the type of broadband tech- (d) IMPROVING CENSUS DATA ON UNSERVED AREAS.—As part of the inquiry re- nology used by small businesses; and BROADBAND.—The Secretary of Commerce, in quired by subsection (b), the Commission (4) any policy recommendations that may consultation with the Federal Communica- shall compile a list of geographical areas improve small businesses access to com- tions Commission, shall expand the Amer- that are not served by any provider of ad- parable broadband services at comparable vanced telecommunications capability (as ican Community Survey conducted by the Bureau of the Census to elicit information rates in all regions of the Nation. defined by section 706(c)(1) of the Tele- SEC. 5106. ENCOURAGING STATE INITIATIVES TO communications Act of 1996 (47 U.S.C. 157 for residential households, including those located on native lands, to determine wheth- IMPROVE BROADBAND. note)) and to the extent that data from the (a) PURPOSES.—The purposes of any grant er persons at such households own or use a Census Bureau is available, determine, for under subsection (b) are— each such unserved area— computer at that address, whether persons at that address subscribe to Internet service (1) to ensure that all citizens and busi- ‘‘(1) the population; nesses in a State have access to affordable ‘‘(2) the population density; and and, if so, whether such persons subscribe to dial-up or broadband Internet service at that and reliable broadband service; ‘‘(3) the average per capita income.’’. (2) to achieve improved technology lit- (b) INTERNATIONAL COMPARISON.— address. (e) PROPRIETARY INFORMATION.—Nothing in eracy, increased computer ownership, and (1) IN GENERAL.—As part of the assessment broadband use among such citizens and busi- and report required by section 706 of the this part shall reduce or remove any obliga- tion the Commission has to protect propri- nesses; Telecommunications Act of 1996 (47 U.S.C. (3) to establish and empower local grass- 157 note), the Federal Communications Com- etary information, nor shall this part be con- strued to compel the Commission to make roots technology teams in each State to plan mission shall include information comparing publicly available any proprietary informa- for improved technology use across multiple the extent of broadband service capability tion. community sectors; and (including data transmission speeds and (4) to establish and sustain an environment price for broadband service capability) in a SEC. 5104. STUDY ON ADDITIONAL BROADBAND METRICS AND STANDARDS. ripe for broadband services and information total of 75 communities in at least 25 coun- (a) IN GENERAL.—The Comptroller General technology investment. tries abroad for each of the data rate bench- shall conduct a study to consider and evalu- (b) ESTABLISHMENT OF STATE BROADBAND marks for broadband service utilized by the ate additional broadband metrics or stand- DATA AND DEVELOPMENT GRANT PROGRAM.— Commission to reflect different speed tiers. ards that may be used by industry and the (1) IN GENERAL.—The Secretary of Com- (2) CONTENTS.—The Commission shall Federal Government to provide users with merce shall award grants, taking into ac- choose communities for the comparison more accurate information about the cost count the results of the peer review process under this subsection in a manner that will and capability of their broadband connec- under subsection (d), to eligible entities for offer, to the extent possible, communities of tion, and to better compare the deployment the development and implementation of a population size, population density, topog- and penetration of broadband in the United statewide initiatives to identify and track raphy, and demographic profile that are States with other countries. At a minimum, the availability and adoption of broadband comparable to the population size, popu- such study shall consider potential standards services within each State. lation density, topography, and demographic or metrics that may be used— (2) COMPETITIVE BASIS.—Any grant under profile of various communities within the (1) to calculate the average price per mega- subsection (b) shall be awarded on a competi- United States. The Commission shall include bit per second of broadband offerings; tive basis. in the comparison under this subsection— (2) to reflect the average actual speed of (c) ELIGIBILITY.—To be eligible to receive a (A) a geographically diverse selection of broadband offerings compared to advertised grant under subsection (b), an eligible entity countries; and potential speeds and to consider factors af- shall— (B) communities including the capital cit- fecting speed that may be outside the con- (1) submit an application to the Secretary ies of such countries. trol of a broadband provider; of Commerce, at such time, in such manner, (3) SIMILARITIES AND DIFFERENCES.—The (3) to compare, using comparable metrics and containing such information as the Sec- Commission shall identify relevant similar- and standards, the availability and quality retary may require; ities and differences in each community, in- of broadband offerings in the United States (2) contribute matching non-Federal funds cluding their market structures, the number with the availability and quality of in an amount equal to not less than 20 per- of competitors, the number of facilities- broadband offerings in other industrialized cent of the total amount of the grant; and based providers, the types of technologies de- nations, including countries that are mem- (3) agree to comply with confidentiality re- ployed by such providers, the applications bers of the Organization for Economic Co- quirements in subsection (h)(2) of this sec- and services those technologies enable, the operation and Development; and tion.

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(d) PEER REVIEW; NONDISCLOSURE.— (9) to facilitate information exchange re- (k) NO REGULATORY AUTHORITY.—Nothing (1) IN GENERAL.—The Secretary shall by garding the use and demand for broadband in this section shall be construed as giving regulation require appropriate technical and services between public and private sectors; any public or private entity established or scientific peer review of applications made and affected by this part any regulatory jurisdic- for grants under this section. (10) to create within each State a geo- tion or oversight authority over providers of (2) REVIEW PROCEDURES.—The regulations graphic inventory map of broadband service, broadband services or information tech- required under paragraph (1) shall require including the data rate benchmarks for nology. that any technical and scientific peer review broadband service utilized by the Commis- PART II—TRAINING FOR REALTIME group— sion to reflect different speed tiers, which WRITERS ACT OF 2007 (A) be provided a written description of the shall— grant to be reviewed; (A) identify gaps in such service through a SEC. 5111. SHORT TITLE. (B) provide the results of any review by method of geographic information system This part may be cited as the ‘‘Training for such group to the Secretary of Commerce; mapping of service availability based on the Realtime Writers Act of 2007’’. and geographic boundaries of where service is SEC. 5112. FINDINGS. (C) certify that such group will enter into available or unavailable among residential Congress makes the following findings: voluntary nondisclosure agreements as nec- or business customers; and (1) As directed by Congress in section 713 of essary to prevent the unauthorized disclo- (B) provide a baseline assessment of state- the Communications Act of 1934 (47 U.S.C. sure of confidential and proprietary informa- wide broadband deployment in terms of 613), as added by section 305 of the Tele- tion provided by broadband service providers households with high-speed availability. communications Act of 1996 (Public Law 104– in connection with projects funded by any (f) PARTICIPATION LIMIT.—For each State, 104; 110 Stat. 126), the Federal Communica- such grant. an eligible entity may not receive a new tions Commission began enforcing rules re- (e) USE OF FUNDS.—A grant awarded to an grant under this section to fund the activi- quiring full closed captioning of most eligible entity under subsection (b) shall be ties described in subsection (d) within such used— English television programming on January State if such organization obtained prior 1, 2006. (1) to provide a baseline assessment of grant awards under this section to fund the broadband service deployment in each State; (2) The Federal Communications Commis- same activities in that State in each of the sion rules also require that video program- (2) to identify and track— previous 4 consecutive years. ming be fully captioned in Spanish by 2010. (A) areas in each State that have low lev- (g) REPORTING; BROADBAND INVENTORY (3) More than 30,000,000 Americans are con- els of broadband service deployment; MAP.—The Secretary of Commerce shall— (B) the rate at which residential and busi- (1) require each recipient of a grant under sidered deaf or hard of hearing, and many re- ness users adopt broadband service and other subsection (b) to submit a report on the use quire captioning services to participate in related information technology services; and of the funds provided by the grant; and mainstream activities. (C) possible suppliers of such services; (2) create a web page on the Department of (4) The National Institute on Deafness and (3) to identify barriers to the adoption by Commerce website that aggregates relevant other Communication Disorders estimates individuals and businesses of broadband serv- information made available to the public by that 1 in 3 Americans over the age of 60 has ice and related information technology serv- grant recipients, including, where appro- already experienced hearing loss. The ices, including whether or not— priate, hypertext links to any geographic in- 79,000,000 Americans who are identified as (A) the demand for such services is absent; ventory maps created by grant recipients ‘‘baby boomers’’ represent 39 percent of the and under subsection (e)(10). population of the United States and most (B) the supply for such services is capable (h) ACCESS TO AGGREGATE DATA.— baby boomers began to reach age 60 just in of meeting the demand for such services; (1) IN GENERAL.—Subject to paragraph (2), the last few years. (4) to identify the speeds of broadband con- the Commission shall provide eligible enti- (5) Closed captioning is a continuous nections made available to individuals and ties access, in electronic form, to aggregate source of emergency information for people businesses within the State, and, at a min- data collected by the Commission based on in mass transit and other congregate set- imum, to rely on the data rate benchmarks the Form 477 submissions of broadband serv- tings. for broadband service utilized by the Com- ice providers. (6) Empirical research studies since 1988 mission to reflect different speed tiers, to (2) LIMITATION.—Notwithstanding any pro- demonstrate that captions improve the per- promote greater consistency of data among vision of Federal or State law to the con- formance of individuals learning to read the States; trary, an eligible entity shall treat any mat- English. (5) to create and facilitate in each county ter that is a trade secret, commercial or fi- SEC. 5113. AUTHORIZATION OF GRANT PROGRAM or designated region in a State a local tech- nancial information, or privileged or con- TO PROMOTE TRAINING AND JOB nology planning team— fidential, as a record not subject to public PLACEMENT OF REALTIME WRIT- ERS. (A) with members representing a cross sec- disclosure except as otherwise mutually tion of the community, including representa- agreed to by the broadband service provider (a) IN GENERAL.—The Assistant Secretary tives of business, telecommunications labor and the eligible entity. This paragraph ap- for Information and Communications of the organizations, K–12 education, health care, plies only to information submitted by the Department of Commerce shall make com- libraries, higher education, community- Commission or a broadband provider to carry petitive grants to eligible entities under sub- based organizations, local government, tour- out the provisions of this part and shall not section (b) to promote training and place- ism, parks and recreation, and agriculture; otherwise limit or affect the rules governing ment of individuals, including individuals and public disclosure of information collected by who have completed a court reporting train- (B) which shall— any Federal or State entity under any other ing program, as realtime writers in order to (i) benchmark technology use across rel- Federal or State law or regulation. meet the requirements for closed captioning evant community sectors; (i) DEFINITIONS.—In this section: of video programming set forth in section 713 (ii) set goals for improved technology use (1) COMMISSION.—The term ‘‘Commission’’ of the Communications Act of 1934 (47 U.S.C. within each sector; and means the Federal Communications Com- 613) and the rules prescribed thereunder. (iii) develop a tactical business plan for mission. (b) ELIGIBLE ENTITIES.—For purposes of achieving its goals, with specific rec- (2) ELIGIBLE ENTITY.—The term ‘‘eligible this part, an eligible entity is a court report- ommendations for online application devel- entity’’ means— ing program that— opment and demand creation; (A) an entity that is either— (1) can document and demonstrate to the (6) to work collaboratively with broadband (i) an agency or instrumentality of a State, Assistant Secretary that it meets minimum service providers and information tech- or a municipality or other subdivision (or standards of educational and financial ac- nology companies to encourage deployment agency or instrumentality of a municipality countability, with a curriculum capable of and use, especially in unserved areas and or other subdivision) of a State; training realtime writers qualified to pro- areas in which broadband penetration is sig- (ii) a nonprofit organization that is de- vide captioning services; nificantly below the national average, scribed in section 501(c)(3) of the Internal (2) is accredited by an accrediting agency through the use of local demand aggregation, Revenue Code of 1986 and that is exempt recognized by the Department of Education; mapping analysis, and the creation of mar- from taxation under section 501(a) of such and ket intelligence to improve the business case Code; or (3) is participating in student aid programs for providers to deploy; (iii) an independent agency or commission under title IV of the Higher Education Act of (7) to establish programs to improve com- in which an office of a State is a member on 1965. puter ownership and Internet access for behalf of the State; and (c) PRIORITY IN GRANTS.—In determining unserved areas and areas in which broadband (B) is the single eligible entity in the State whether to make grants under this section, penetration is significantly below the na- that has been designated by the State to re- the Assistant Secretary shall give a priority tional average; ceive a grant under this section. to eligible entities that, as determined by (8) to collect and analyze detailed market (j) AUTHORIZATION OF APPROPRIATIONS.— the Assistant Secretary— data concerning the use and demand for There are authorized to be appropriated to (1) possess the most substantial capability broadband service and related information carry out this section $40,000,000 for each of to increase their capacity to train realtime technology services; fiscal years 2008 through 2012. writers;

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7064 CONGRESSIONAL RECORD — SENATE July 22, 2008 (2) demonstrate the most promising col- (6) encouraging individuals with disabil- SEC. 5118. SUNSET. laboration with local educational institu- ities to pursue a career in realtime writing; This part is repealed 5 years after the date tions, businesses, labor organizations, or and of the enactment of this Act. other community groups having the poten- (7) the employment and payment of per- Subtitle B—Oceans tial to train or provide job placement assist- sonnel for all such purposes. PART I—HYDROGRAPHIC SERVICES IM- ance to realtime writers; or (b) SCHOLARSHIPS.— PROVEMENT ACT AMENDMENTS OF 2008 (3) propose the most promising and innova- (1) AMOUNT.—The amount of a scholarship tive approaches for initiating or expanding under subsection (a)(2) shall be based on the SEC. 5201. SHORT TITLE. training or job placement assistance efforts amount of need of the recipient of the schol- This part may be cited as the ‘‘Hydro- with respect to realtime writers. arship for financial assistance, as deter- graphic Services Improvement Act Amend- (d) DURATION OF GRANT.—A grant under mined in accordance with part F of title IV ments of 2008’’. this section shall be for a period of 2 years. of the Higher Education Act of 1965 (20 U.S.C. SEC. 5202. DEFINITIONS. (e) MAXIMUM AMOUNT OF GRANT.—The 1087kk). Section 303 of the Hydrographic Services amount of a grant provided under subsection (2) AGREEMENT.—Each recipient of a schol- Improvement Act of 1998 (33 U.S.C. 892) is (a) to an entity eligible may not exceed arship under subsection (a)(2) shall enter amended by striking paragraphs (3), (4), and $1,500,000 for the 2-year period of the grant into an agreement with the school in which (5) and inserting the following: under subsection (d). the recipient is enrolled to provide realtime ‘‘(3) HYDROGRAPHIC DATA.—The term ‘hy- writing services for a period of time appro- drographic data’ means information that— SEC. 5114. APPLICATION. priate (as determined by the Assistant Sec- ‘‘(A) is acquired through— (a) IN GENERAL.—To receive a grant under retary or the Assistant Secretary’s designee) ‘‘(i) hydrographic, bathymetric, photo- section 5113, an eligible entity shall submit for the amount of the scholarship received. grammetric, lidar, radar, remote sensing, or an application to the Assistant Secretary at (3) COURSEWORK AND EMPLOYMENT.—The shoreline and other ocean- and coastal-re- such time and in such manner as the Assist- Assistant Secretary or the Assistant Sec- lated surveying; ant Secretary may require. The application retary’s designee shall establish require- ‘‘(ii) geodetic, geospatial, or geomagnetic shall contain the information set forth under ments for coursework and employment for measurements; subsection (b). recipients of scholarships under subsection ‘‘(iii) tide, water level, and current obser- (b) INFORMATION.—Information in the ap- (a)(2), including requirements for repayment vations; or plication of an eligible entity under sub- of scholarship amounts in the event of fail- ‘‘(iv) other methods; and section (a) for a grant under section 5113 ure to meet such requirements for ‘‘(B) is used in providing hydrographic shall include the following: coursework and employment or other mate- services. (1) A description of the training and assist- rial terms under subsection (b)(2). Require- ‘‘(4) HYDROGRAPHIC SERVICES.—The term ance to be funded using the grant amount, ments for repayment of scholarship amounts ‘hydrographic services’ means— including how such training and assistance shall take into account the effect of eco- ‘‘(A) the management, maintenance, inter- will increase the number of realtime writers. nomic conditions on the capacity of scholar- pretation, certification, and dissemination of (2) A description of performance measures ship recipients to find work as realtime writ- bathymetric, hydrographic, shoreline, geo- to be utilized to evaluate the progress of in- ers. detic, geospatial, geomagnetic, and tide, dividuals receiving such training and assist- (c) ADMINISTRATIVE COSTS.—The recipient water level, and current information, includ- ance in matters relating to enrollment, com- of a grant under section 5113 may not use ing the production of nautical charts, nau- pletion of training, and job placement and more than 5 percent of the grant amount to tical information databases, and other prod- retention. pay administrative costs associated with ac- ucts derived from hydrographic data; (3) A description of the manner in which tivities funded by the grant. The Assistant ‘‘(B) the development of nautical informa- the eligible entity will ensure that recipients Secretary shall use not more than 5 percent tion systems; and of scholarships, if any, funded by the grant of the amount available for grants under this ‘‘(C) related activities. will be employed and retained as realtime part in any fiscal year for administrative ‘‘(5) COAST AND GEODETIC SURVEY ACT.—The writers. costs of the program. term ‘Coast and Geodetic Survey Act’ means (4) A description of the manner in which (d) SUPPLEMENT NOT SUPPLANT.—Grants the Act entitled ‘An Act to define the func- the eligible entity intends to continue pro- amounts under this part shall supplement tions and duties of the Coast and Geodetic viding the training and assistance to be and not supplant other Federal or non-Fed- Survey, and for other purposes’, approved funded by the grant after the end of the eral funds of the grant recipient for purposes August 6, 1947 (33 U.S.C. 883a et seq.).’’. grant period, including any partnerships or of promoting the training and placement of SEC. 5203. FUNCTIONS OF THE ADMINISTRATOR. arrangements established for that purpose. individuals as realtime writers. Section 303 of the Hydrographic Services (5) A description of how the eligible entity SEC. 5116. REPORTS. Improvement Act of 1998 (33 U.S.C. 892a) is will work with local workforce investment (a) ANNUAL REPORTS.—Each eligible entity amended— boards to ensure that training and assistance receiving a grant under section 5113 shall (1) by striking ‘‘the Act of 1947,’’ in sub- to be funded with the grant will further local submit to the Assistant Secretary, at the section (a) and inserting ‘‘the Coast and Geo- workforce goals, including the creation of end of each year of the grant period, a report detic Survey Act, promote safe, efficient and educational opportunities for individuals on the activities of such entity with respect environmentally sound marine transpor- who are from economically disadvantaged to the use of grant amounts during such tation, and otherwise fulfill the purposes of backgrounds or are displaced workers. year. this Act,’’; (6) Additional information, if any, of the (b) REPORT INFORMATION.— (2) by striking ‘‘data;’’ in subsection (a)(1) eligibility of the eligible entity for priority (1) IN GENERAL.—Each report of an entity and inserting ‘‘data and provide hydro- in the making of grants under section for a year under subsection (a) shall include graphic services;’’ and 5113(c). a description of the use of grant amounts by (3) by striking subsection (b) and inserting (7) Such other information as the Assistant the entity during such year, including an as- the following: Secretary may require. sessment by the entity of the effectiveness of ‘‘(b) AUTHORITIES.—To fulfill the data gath- SEC. 5115. USE OF FUNDS. activities carried out using such funds in in- ering and dissemination duties of the Admin- (a) IN GENERAL.—An eligible entity receiv- creasing the number of realtime writers. The istration under the Coast and Geodetic Sur- ing a grant under section 5113 shall use the assessment shall utilize the performance vey Act, promote safe, efficient, and environ- grant amount for purposes relating to the re- measures submitted by the entity in the ap- mentally sound marine transportation, and cruitment, training and assistance, and job plication for the grant under section 5114(b). otherwise fulfill the purposes of this Act, placement of individuals, including individ- (2) FINAL REPORT.—The final report of an subject to the availability of appropriations, uals who have completed a court reporting entity on a grant under subsection (a) shall the Administrator— training program, as realtime writers, in- include a description of the best practices ‘‘(1) may procure, lease, evaluate, test, de- cluding— identified by the entity as a result of the velop, and operate vessels, equipment, and (1) recruitment; grant for increasing the number of individ- technologies necessary to ensure safe navi- (2) subject to subsection (b), the provision uals who are trained, employed, and retained gation and maintain operational expertise in of scholarships; in employment as realtime writers. hydrographic data acquisition and hydro- (3) distance learning; (c) ANNUAL REVIEW.—The Inspector Gen- graphic services; (4) further developing and implementing eral of the Department of Commerce shall ‘‘(2) shall, subject to the availability of ap- both English and Spanish curriculum to conduct an annual review of the manage- propriations, design, install, maintain, and more effectively train realtime writing ment, efficiency, and effectiveness of the operate real-time hydrographic monitoring skills, and education in the knowledge nec- grants made under this part. systems to enhance navigation safety and ef- essary for the delivery of high-quality closed SEC. 5117. AUTHORIZATION OF APPROPRIATIONS. ficiency; and captioning services; There is authorized to be appropriated to ‘‘(3) where appropriate and to the extent (5) mentoring students to ensure successful the Secretary of Commerce to carry out this that it does not detract from the promotion completion of the realtime training and pro- part $20,000,000 for each of fiscal years 2008, of safe and efficient navigation, may acquire vide assistance in job placement; 2009, 2010, 2011, and 2012. hydrographic data and provide hydrographic

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7065 services to support the conservation and ‘‘(6) To acquire a replacement hydro- gram, taking into consideration advice of management of coastal and ocean resources; graphic survey vessel capable of staying at the Board established under section 5215; ‘‘(4) where appropriate, may acquire hydro- sea continuously for at least 30 days (5) enhance the technical capability of the graphic data and provide hydrographic serv- $75,000,000.’’. United States marine science community by ices to save and protect life and property and SEC. 5206. AUTHORIZED NOAA CORPS STRENGTH. promoting the development of improved support the resumption of commerce in re- Section 215 of the National Oceanic and At- oceanographic research, communication, sponse to emergencies, natural and man- mospheric Administration Commissioned Of- navigation, and data collection systems, as made disasters, and homeland security and ficer Corps Act of 2002 (33 U.S.C. 3005) is well as underwater platforms and sensor and maritime domain awareness needs, including amended to read as follows: autonomous vehicles; and (6) establish an ocean exploration forum to obtaining mission assignments (as defined in ‘‘SEC. 215. NUMBER OF AUTHORIZED COMMIS- section 641 of the Post-Katrina Emergency SIONED OFFICERS. encourage partnerships and promote commu- Management Reform Act of 2006 (6 U.S.C. ‘‘Effective October 1, 2009, the total num- nication among experts and other stake- 741)); ber of authorized commissioned officers on holders in order to enhance the scientific and ‘‘(5) may create, support, and maintain the lineal list of the commissioned corps of technical expertise and relevance of the na- such joint centers with other Federal agen- the National Oceanic and Atmospheric Ad- tional program. (b) DONATIONS.—The Administrator may cies and other entities as the Administrator ministration shall be increased from 321 to accept donations of property, data, and deems appropriate or necessary to carry out 379 if— equipment to be applied for the purpose of the purposes of this Act; and ‘‘(1) the Secretary has submitted to the ‘‘(6) notwithstanding the existence of such exploring the oceans or increasing knowl- Congress— edge of the oceans. joint centers, shall award contracts for the ‘‘(A) the Administration’s ship recapital- SEC. 5214. OCEAN EXPLORATION AND UNDERSEA acquisition of hydrographic data in accord- ization plan for fiscal years 2010 through ance with subchapter VI of chapter 10 of title RESEARCH TECHNOLOGY AND IN- 2024; FRASTRUCTURE TASK FORCE. 40, United States Code.’’. ‘‘(B) the Administration’s aircraft remod- (a) IN GENERAL.—The Administrator of the SEC. 5204. HYDROGRAPHIC SERVICES REVIEW ernization plan; and National Oceanic and Atmospheric Adminis- PANEL. ‘‘(C) supporting workforce management tration, in coordination with the National Section 305(c)(1)(A) of the Hydrographic plans; Science Foundation, the National Aero- Services Improvement Act of 1998 (33 U.S.C. ‘‘(2) appropriated funding is available; and nautics and Space Administration, the 892c(c)(1)(A)) is amended to read as follows: ‘‘(3) the Secretary has justified organiza- United States Geological Survey, the De- ‘‘(A) The panel shall consist of 15 voting tional needs for the commissioned corps for partment of the Navy, the Mineral Manage- members who shall be appointed by the Ad- each such fiscal year.’’ ment Service, and relevant governmental, ministrator. The Co-directors of the Center PART II—OCEAN EXPLORATION non-governmental, academic, industry, and for Coastal and Ocean Mapping/Joint Hydro- other experts, shall convene an ocean explo- Subpart A—Exploration graphic Center and no more than 2 employ- ration and undersea research technology and ees of the National Oceanic and Atmospheric SEC. 5211. PURPOSE. infrastructure task force to develop and im- Administration appointed by the Adminis- The purpose of this subpart is to establish plement a strategy— trator shall serve as nonvoting members of the national ocean exploration program and (1) to facilitate transfer of new exploration the panel. The voting members of the panel the national undersea research program and undersea research technology to the pro- shall be individuals who, by reason of knowl- within the National Oceanic and Atmos- grams authorized under this subpart and edge, experience, or training, are especially pheric Administration. subpart B of this part; qualified in 1 or more of the disciplines and SEC. 5212. PROGRAM ESTABLISHED. (2) to improve availability of communica- fields relating to hydrographic data and hy- The Administrator or the National Oceanic tions infrastructure, including satellite ca- drographic services, marine transportation, and Atmospheric Administration shall, in pabilities, to such programs; port administration, vessel pilotage, coastal consultation with the National Science (3) to develop an integrated, workable, and and fishery management, and other dis- Foundation and other appropriate Federal comprehensive data management informa- ciplines as determined appropriate by the agencies, establish a coordinated national tion processing system that will make infor- Administrator.’’. ocean exploration program within the Na- mation on unique and significant features SEC. 5205. AUTHORIZATION OF APPROPRIATIONS. tional Oceanic and Atmospheric Administra- obtained by such programs available for re- Section 306 of the Hydrographic Services tion that promotes collaboration with other search and management purposes; Improvement Act of 1998 (33 U.S.C. 892d) is Federal ocean and undersea research and ex- (4) to conduct public outreach activities amended to read as follows: ploration programs. To the extent appro- that improve the public understanding of ‘‘SEC. 306. AUTHORIZATION OF APPROPRIATIONS. priate, the Administrator shall seek to fa- ocean science, resources, and processes, in ‘‘There are authorized to be appropriated cilitate coordination of data and information conjunction with relevant programs of the to the Administrator the following: management systems, outreach and edu- National Oceanic and Atmospheric Adminis- ‘‘(1) To carry out nautical mapping and cation programs to improve public under- tration, the National Science Foundation, charting functions under sections 304 and standing of ocean and coastal resources, and and other agencies; and 305, except for conducting hydrographic sur- development and transfer of technologies to (5) to encourage cost-sharing partnerships veys— facilitate ocean and undersea research and with governmental and nongovernmental en- ‘‘(A) $55,000,000 for fiscal year 2009; exploration. tities that will assist in transferring explo- ration and undersea research technology and ‘‘(B) $56,000,000 for fiscal year 2010; SEC. 5213. POWERS AND DUTIES OF THE ADMIN- technical expertise to the programs. ‘‘(C) $57,000,000 for fiscal year 2011; and ISTRATOR. (b) BUDGET COORDINATION.—The task force ‘‘(D) $58,000,000 for fiscal year 2012. (a) IN GENERAL.—In carrying out the pro- shall coordinate the development of agency ‘‘(2) To contract for hydrographic surveys gram authorized by section 5212, the Admin- budgets and identify the items in their an- under section 304(b)(1), including the leasing istrator of the National Oceanic and Atmos- nual budget that support the activities iden- or time chartering of vessels— pheric Administration shall— tified in the strategy developed under sub- ‘‘(A) $32,130,000 for fiscal year 2009; (1) conduct interdisciplinary voyages or section (a). ‘‘(B) $32,760,000 for fiscal year 2010; other scientific activities in conjunction SEC. 5215. OCEAN EXPLORATION ADVISORY ‘‘(C) $33,390,000 for fiscal year 2011; and with other Federal agencies or academic or BOARD. ‘‘(D) $34,020,000 for fiscal year 2012. educational institutions, to explore and sur- (a) ESTABLISHMENT.—The Administrator of ‘‘(3) To operate hydrographic survey ves- vey little known areas of the marine envi- the National Oceanic and Atmospheric Ad- sels owned by the United States and oper- ronment, inventory, observe, and assess liv- ministration shall appoint an Ocean Explo- ated by the Administration— ing and nonliving marine resources, and re- ration Advisory Board composed of experts ‘‘(A) $25,900,000 for fiscal year 2009; port such findings; in relevant fields— ‘‘(B) $26,400,000 for fiscal year 2010; (2) give priority attention to deep ocean re- (1) to advise the Administrator on priority ‘‘(C) $26,900,000 for fiscal year 2011; and gions, with a focus on deep water marine sys- areas for survey and discovery; ‘‘(D) $27,400,000 for fiscal year 2012. tems that hold potential for important sci- (2) to assist the program in the develop- ‘‘(4) To carry out geodetic functions under entific discoveries, such as hydrothermal ment of a 5-year strategic plan for the fields this title— vent communities and seamounts; of ocean, marine, and Great Lakes science, ‘‘(A) $32,640,000 for fiscal year 2009; (3) conduct scientific voyages to locate, de- exploration, and discovery; ‘‘(B) $33,280,000 for fiscal year 2010; fine, and document historic shipwrecks, sub- (3) to annually review the quality and ef- ‘‘(C) $33,920,000 for fiscal year 2011; and merged sites, and other ocean exploration fectiveness of the proposal review process es- ‘‘(D) $34,560,000 for fiscal year 2012. activities that combine archaeology and tablished under section 5213(a)(4); and ‘‘(5) To carry out tide and current meas- oceanographic sciences; (4) to provide other assistance and advice urement functions under this title— (4) develop and implement, in consultation as requested by the Administrator. ‘‘(A) $27,000,000 for fiscal year 2009; with the National Science Foundation, a (b) FEDERAL ADVISORY COMMITTEE ACT.— ‘‘(B) $27,500,000 for fiscal year 2010; transparent, competitive process for merit- Section 14 of the Federal Advisory Com- ‘‘(C) $28,000,000 for fiscal year 2011; and based peer-review and approval of proposals mittee Act (5 U.S.C. App.) shall not apply to ‘‘(D) $28,500,000 for fiscal year 2012. for activities to be conducted under this pro- the Board appointed under subsection (a).

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(c) APPLICATION WITH OUTER CONTINENTAL stitute for Undersea Science and Tech- (6) for fiscal year 2014— SHELF LANDS ACT.—Nothing in subpart su- nology: (A) $22,145,000 for the regional centers, of persedes, or limits the authority of the Sec- (1) Core research and exploration based on which 50 percent shall be for West Coast re- retary of the Interior under the Outer Conti- national and regional undersea research pri- gional centers and 50 percent shall be for nental Shelf Lands Act (43 U.S.C. 1331 et orities. East Coast regional centers; and seq.). (2) Advanced undersea technology develop- (B) $8,859,000 for the National Technology SEC. 5216. AUTHORIZATION OF APPROPRIATIONS. ment to support the National Oceanic and Institute; and There are authorized to be appropriated to Atmospheric Administration’s research mis- (7) for fiscal year 2015— the National Oceanic and Atmospheric Ad- sion and programs. (A) $24,359,000 for the regional centers, of ministration to carry out this subpart— (3) Undersea science-based education and which 50 percent shall be for West Coast re- (1) $33,550,000 for fiscal year 2009; outreach programs to enrich ocean science gional centers and 50 percent shall be for (2) $36,905,000 for fiscal year 2010; education and public awareness of the oceans East Coast regional centers; and (3) $40,596,000 for fiscal year 2011; and Great Lakes. (B) $9,744,000 for the National Technology (4) $44,655,000 for fiscal year 2012; (4) Development, testing, and transition of Institute. (5) $49,121,000 for fiscal year 2013; advanced undersea technology associated PART III—OCEAN AND COASTAL MAPPING (6) $54,033,000 for fiscal year 2014; and with ocean observatories, submersibles, ad- INTEGRATION ACT vanced diving technologies, remotely oper- (7) $59,436,000 for fiscal year 2015. SEC. 5231. SHORT TITLE. ated vehicles, autonomous underwater vehi- Subpart B—NOAA Undersea Research This part may be cited as the ‘‘Ocean and cles, and new sampling and sensing tech- Program Act of 2008 Coastal Mapping Integration Act’’. nologies. SEC. 5232. ESTABLISHMENT OF PROGRAM. SEC. 5221. SHORT TITLE. (5) Discovery, study, and development of (a) IN GENERAL.—The President, in coordi- This subpart may be cited as the ‘‘NOAA natural resources and products from ocean, nation with the Interagency Committee on Undersea Research Program Act of 2008’’. coastal, and aquatic systems. Ocean and Coastal Mapping and affected SEC. 5222. PROGRAM ESTABLISHED. (b) OPERATIONS.—The Director of the pro- coastal states, shall establish a program to (a) IN GENERAL.—The Administrator of the gram, through operation of the extramural develop a coordinated and comprehensive National Oceanic and Atmospheric Adminis- regional centers and the National Institute Federal ocean and coastal mapping plan for tration shall establish and maintain an un- for Undersea Science and Technology, shall the Great Lakes and coastal state waters, dersea research program and shall designate leverage partnerships and cooperative re- the territorial sea, the exclusive economic a Director of that program. search with academia and private industry. zone, and the continental shelf of the United (b) PURPOSE.—The purpose of the program SEC. 5226. COMPETITIVENESS. States that enhances ecosystem approaches is to increase scientific knowledge essential (a) DISCRETIONARY FUND.—The Program in decision-making for conservation and for the informed management, use, and pres- shall allocate no more than 10 percent of its management of marine resources and habi- ervation of oceanic, marine, and coastal annual budget to a discretionary fund that tats, establishes research and mapping prior- areas and the Great Lakes. may be used only for program administra- ities, supports the siting of research and SEC. 5223. POWERS OF PROGRAM DIRECTOR. tion and priority undersea research projects identified by the Director but not covered by other platforms, and advances ocean and The Director of the program, in carrying funding available from centers. coastal science. out the program, shall— (b) COMPETITIVE SELECTION.—The Adminis- (b) MEMBERSHIP.—The Committee shall be (1) cooperate with institutions of higher trator shall conduct an initial competition comprised of high-level representatives of education and other educational marine and to select the regional centers that will par- the Department of Commerce, through the ocean science organizations, and shall make ticipate in the program 90 days after the National Oceanic and Atmospheric Adminis- available undersea research facilities, equip- publication of the final program direction tration, the Department of Interior, the Na- ment, technologies, information, and exper- under section 5224 and every 5 years there- tional Science Foundation, the Department tise to support undersea research efforts by after. Funding for projects conducted of Defense, the Environmental Protection these organizations; through the regional centers shall be award- Agency, the Department of Homeland Secu- (2) enter into partnerships, as appropriate ed through a competitive, merit-reviewed rity, the National Aeronautics and Space Ad- and using existing authorities, with the pri- process on the basis of their relevance to the ministration, and other appropriate Federal vate sector to achieve the goals of the pro- goals of the program and their technical fea- agencies involved in ocean and coastal map- gram and to promote technological advance- sibility. ping. ment of the marine industry; and SEC. 5227. AUTHORIZATION OF APPROPRIATIONS. (c) PROGRAM PARAMETERS.—In developing (3) coordinate the development of agency There are authorized to be appropriated to such a program, the President, through the budgets and identify the items in their an- the National Oceanic and Atmospheric Ad- Committee, shall— nual budget that support the activities de- ministration— (1) identify all Federal and federally-fund- scribed in paragraphs (1) and (2). (1) for fiscal year 2009— ed programs conducting shoreline delinea- SEC. 5224. ADMINISTRATIVE STRUCTURE. (A) $13,750,000 for the regional centers, of tion and ocean or coastal mapping, noting (a) IN GENERAL.—The program shall be con- which 50 percent shall be for West Coast re- geographic coverage, frequency, spatial cov- ducted through a national headquarters, a gional centers and 50 percent shall be for erage, resolution, and subject matter focus network of extramural regional undersea re- East Coast regional centers; and of the data and location of data archives; search centers that represent all relevant (B) $5,500,000 for the National Technology (2) facilitate cost-effective, cooperative National Oceanic and Atmospheric Adminis- Institute; mapping efforts that incorporate policies for tration regions, and the National Institute (2) for fiscal year 2010— contracting with non-governmental entities for Undersea Science and Technology. (A) $15,125,000 for the regional centers, of among all Federal agencies conducting ocean (b) DIRECTION.—The Director shall develop which 50 percent shall be for West Coast re- and coastal mapping, by increasing data the overall direction of the program in co- gional centers and 50 percent shall be for sharing, developing appropriate data acquisi- ordination with a Council of Center Direc- East Coast regional centers; and tion and metadata standards, and facili- tors comprised of the directors of the extra- (B) $6,050,000 for the National Technology tating the interoperability of in situ data mural regional centers and the National In- Institute; collection systems, data processing, stitute for Undersea Science and Tech- (3) for fiscal year 2011— archiving, and distribution of data products; nology. The Director shall publish a draft (A) $16,638,000 for the regional centers, of (3) facilitate the adaptation of existing program direction document not later than 1 which 50 percent shall be for West Coast re- technologies as well as foster expertise in year after the date of enactment of this Act gional centers and 50 percent shall be for new ocean and coastal mapping technologies, in the Federal Register for a public comment East Coast regional centers; and including through research, development, period of not less than 120 days. The Director (B) $6,655,000 for the National Technology and training conducted among Federal agen- shall publish a final program direction, in- Institute; cies and in cooperation with non-govern- cluding responses to the comments received (4) for fiscal year 2012— mental entities; during the public comment period, in the (A) $18,301,000 for the regional centers, of (4) develop standards and protocols for Federal Register within 90 days after the which 50 percent shall be for West Coast re- testing innovative experimental mapping close of the comment period. The program gional centers and 50 percent shall be for technologies and transferring new tech- director shall update the program direction, East Coast regional centers; and nologies between the Federal Government, with opportunity for public comment, at (B) $7,321,000 for the National Technology coastal state, and non-governmental enti- least every 5 years. Institute; ties; SEC. 5225. RESEARCH, EXPLORATION, EDU- (5) for fiscal year 2013— (5) provide for the archiving, management, CATION, AND TECHNOLOGY PRO- (A) $20,131,000 for the regional centers, of and distribution of data sets through a na- GRAMS. which 50 percent shall be for West Coast re- tional registry as well as provide mapping (a) IN GENERAL.—The following research, gional centers and 50 percent shall be for products and services to the general public exploration, education, and technology pro- East Coast regional centers; and in service of statutory requirements; grams shall be conducted through the net- (B) $8,053,000 for the National Technology (6) develop data standards and protocols work of regional centers and the National In- Institute; consistent with standards developed by the

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7067 Federal Geographic Data Committee for use (3) coastal states; Administrator, in consultation with the by Federal, coastal state, and other entities (4) user groups through workshops and Committee, shall develop and submit to the in mapping and otherwise documenting loca- other appropriate mechanisms; and Congress a plan for an integrated ocean and tions of federally permitted activities, living (5) representatives of nongovernmental en- coastal mapping initiative within the Na- and nonliving coastal and marine resources, tities. tional Oceanic and Atmospheric Administra- marine ecosystems, sensitive habitats, sub- (g) ADVISORY PANEL.—The Administrator tion. merged cultural resources, undersea cables, may convene an ocean and coastal mapping offshore aquaculture projects, offshore en- advisory panel consisting of representatives (b) PLAN REQUIREMENTS.—The plan shall— ergy projects, and any areas designated for from non-governmental entities to provide (1) identify and describe all ocean and purposes of environmental protection or con- input regarding activities of the committee coastal mapping programs within the agen- servation and management of living and non- in consultation with the interagency com- cy, including those that conduct mapping or living coastal and marine resources; mittee. related activities in the course of existing (7) identify the procedures to be used for SEC. 5234. BIANNUAL REPORTS. missions, such as hydrographic surveys, coordinating the collection and integration No later than 18 months after the date of ocean exploration projects, living marine re- of Federal ocean and coastal mapping data enactment of this Act, and biannually there- source conservation and management pro- with coastal state and local government pro- after, the co-chairmen of the Committee grams, coastal zone management projects, grams; shall transmit to the Committee on Com- and ocean and coastal observations and (8) facilitate, to the extent practicable, the merce, Science, and Transportation of the science projects; collection of real-time tide data and the de- Senate and the Committee on Natural Re- (2) establish priority mapping programs velopment of hydrodynamic models for sources of the House of Representatives a re- and establish and periodically update prior- coastal areas to allow for the application of port detailing progress made in imple- ities for geographic areas in surveying and menting this part, including— V-datum tools that will facilitate the seam- mapping across all missions of the National (1) an inventory of ocean and coastal map- less integration of onshore and offshore maps Oceanic and Atmospheric Administration, as ping data within the territorial sea and the and charts; well as minimum data acquisition and exclusive economic zone and throughout the (9) establish a plan for the acquisition and metadata standards for those programs; Continental Shelf of the United States, not- collection of ocean and coastal mapping (3) encourage the development of innova- ing the age and source of the survey and the data; and tive ocean and coastal mapping technologies spatial resolution (metadata) of the data; (10) set forth a timetable for completion and applications, through research and de- (2) identification of priority areas in need and implementation of the plan. velopment through cooperative or other of survey coverage using present tech- agreements with joint or cooperative re- SEC. 5233. INTERAGENCY COMMITTEE ON OCEAN nologies; AND COASTAL MAPPING. search institutes or centers and with other (3) a resource plan that identifies when pri- (a) IN GENERAL.—The Administrator of the non-governmental entities; ority areas in need of modern ocean and National Oceanic and Atmospheric Adminis- (4) document available and developing coastal mapping surveys can be accom- tration, within 30 days after the date of en- technologies, best practices in data proc- plished; actment of this Act, shall convene or utilize essing and distribution, and leveraging op- (4) the status of efforts to produce inte- an existing interagency committee on ocean portunities with other Federal agencies, grated digital maps of ocean and coastal and coastal mapping to implement section coastal states, and non-governmental enti- areas; 5232. ties; (5) a description of any products resulting (b) MEMBERSHIP.—The committee shall be (5) identify training, technology, and other comprised of senior representatives from from coordinated mapping efforts under this resource requirements for enabling the Na- Federal agencies with ocean and coastal part that improve public understanding of tional Oceanic and Atmospheric Administra- mapping and surveying responsibilities. The the coasts and oceans, or regulatory deci- tion’s programs, vessels, and aircraft to sup- representatives shall be high-ranking offi- sionmaking; port a coordinated ocean and coastal map- cials of their respective agencies or depart- (6) documentation of minimum and desired ping program; ments and, whenever possible, the head of standards for data acquisition and integrated (6) identify a centralized mechanism or of- the portion of the agency or department that metadata; fice for coordinating data collection, proc- is most relevant to the purposes of this part. (7) a statement of the status of Federal ef- essing, archiving, and dissemination activi- Membership shall include senior representa- forts to leverage mapping technologies, co- ties of all such mapping programs within the tives from the National Oceanic and Atmos- ordinate mapping activities, share expertise, National Oceanic and Atmospheric Adminis- pheric Administration, the Chief of Naval and exchange data; tration that meets Federal mandates for Operations, the United States Geological (8) a statement of resource requirements data accuracy and accessibility and des- Survey, the Minerals Management Service, for organizations to meet the goals of the ignate a repository that is responsible for the National Science Foundation, the Na- program, including technology needs for archiving and managing the distribution of tional Geospatial-Intelligence Agency, the data acquisition, processing, and distribu- all ocean and coastal mapping data to sim- United States Army Corps of Engineers, the tion systems; plify the provision of services to benefit Fed- Coast Guard, the Environmental Protection (9) a statement of the status of efforts to eral and coastal state programs; and Agency, the Federal Emergency Manage- declassify data gathered by the Navy, the (7) set forth a timetable for implementa- ment Agency, the National Aeronautics and National Geospatial-Intelligence Agency, tion and completion of the plan, including a Space Administration, and other appropriate and other agencies to the extent possible schedule for submission to the Congress of Federal agencies involved in ocean and without jeopardizing national security, and periodic progress reports and recommenda- coastal mapping. make it available to partner agencies and tions for integrating approaches developed (c) CO-CHAIRMEN.—The Committee shall be the public; under the initiative into the interagency co-chaired by the representative of the De- (10) a resource plan for a digital coast inte- program. partment of Commerce and a representative grated mapping pilot project for the north- (c) NOAA JOINT OCEAN AND COASTAL MAP- of the Department of the Interior. ern Gulf of Mexico that will— PING CENTERS.—The Administrator may (d) SUBCOMMITTEE.—The co-chairmen shall (A) cover the area from the authorized establish a subcommittee to carry out the coastal counties through the territorial sea; maintain and operate up to 3 joint ocean and day-to-day work of the Committee, com- (B) identify how such a pilot project will coastal mapping centers, including a joint prised of senior representatives of any mem- leverage public and private mapping data hydrographic center, which shall each be co- ber agency of the committee. Working and resources, such as the United States Ge- located with an institution of higher edu- groups may be formed by the full Committee ological Survey National Map, to result in cation. The centers shall serve as hydro- to address issues of short duration. The sub- an operational coastal change assessment graphic centers of excellence and may con- committee shall be chaired by the represent- program for the subregion; duct activities necessary to carry out the ative from the National Oceanic and Atmos- (11) the status of efforts to coordinate Fed- purposes of this part, including— pheric Administration. The chairmen of the eral programs with coastal state and local (1) research and development of innovative Committee may create such additional sub- government programs and leverage those ocean and coastal mapping technologies, committees and working groups as may be programs; equipment, and data products; needed to carry out the work of Committee. (12) a description of efforts of Federal (2) mapping of the United States Outer (e) MEETINGS.—The committee shall meet agencies to increase contracting with non- Continental Shelf and other regions; on a quarterly basis, but each subcommittee governmental entities; and (3) data processing for nontraditional data and each working group shall meet on an as- (13) an inventory and description of any and uses; needed basis. new Federal or federally funded programs (4) advancing the use of remote sensing (f) COORDINATION.—The committee shall co- conducting shoreline delineation and ocean technologies, for related issues, including ordinate activities when appropriate, with— or coastal mapping since the previous report- mapping and assessment of essential fish (1) other Federal efforts, including the Dig- ing cycle. habitat and of coral resources, ocean obser- ital Coast, Geospatial One-Stop, and the Fed- SEC. 5235. PLAN. vations, and ocean exploration; and eral Geographic Data Committee; (a) IN GENERAL.—Not later than 6 months (5) providing graduate education and train- (2) international mapping activities; after the date of enactment of this Act, the ing in ocean and coastal mapping sciences

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for members of the National Oceanic and At- (7) NONGOVERNMENTAL ENTITIES.—The term (2) in paragraph (11) by striking ‘‘advisory mospheric Administration Commissioned Of- ‘‘nongovernmental entities’’ includes non- services’’ and inserting ‘‘extension services’’; ficer Corps, personnel of other agencies with governmental organizations, members of the and ocean and coastal mapping programs, and ci- academic community, and private sector or- (3) in each of paragraphs (12) and (13) by vilian personnel. ganizations that provide products and serv- striking ‘‘(33 U.S.C. 1126)’’. (d) NOAA REPORT.—The Administrator ices associated with measuring, locating, and (b) REPEAL.—Section 307 of the Act enti- shall continue developing a strategy for ex- preparing maps, charts, surveys, aerial pho- tled ‘‘An Act to provide for the designation panding contracting with non-governmental tographs, satellite imagines, or other graph- of the Flower Garden Banks National Marine entities to minimize duplication and take ical or digital presentations depicting nat- Sanctuary’’ (Public Law 102–251; 106 Stat. 66) maximum advantage of nongovernmental ca- ural or manmade physical features, phe- is repealed. pabilities in fulfilling the Administration’s nomena, and legal boundaries of the Earth. SEC. 5245. NATIONAL SEA GRANT COLLEGE PRO- mapping and charting responsibilities. With- (8) OUTER CONTINENTAL SHELF.—The term GRAM. in 120 days after the date of enactment of ‘‘Outer Continental Shelf’’ means all sub- (a) PROGRAM ELEMENTS.—Section 204(b) (33 this Act, the Administrator shall transmit a merged lands lying seaward and outside of U.S.C. 1123(b)) is amended— report describing the strategy developed lands beneath navigable waters (as that term (1) by amending paragraph (1) to read as under this subsection to the Committee on is defined in section 2 of the Submerged follows: Commerce, Science, and Transportation of Lands Act (43 U.S.C. 1301)), and of which the ‘‘(1) sea grant programs that comprise a the Senate and the Committee on Natural subsoil and seabed appertain to the United national sea grant college program network, Resources of the House of Representatives. States and are subject to its jurisdiction and including international projects conducted SEC. 5236. EFFECT ON OTHER LAWS. control. within such programs and regional and na- Nothing in this part shall be construed to PART IV—NATIONAL SEA GRANT COL- tional projects conducted among such pro- supersede or alter the existing authorities of LEGE PROGRAM AMENDMENTS ACT OF grams;’’; any Federal agency with respect to ocean 2008 (2) by amending paragraph (2) to read as and coastal mapping. follows: SEC. 5241. SHORT TITLE. ‘‘(2) administration of the national sea SEC. 5237. AUTHORIZATION OF APPROPRIATIONS. This part may be cited as the ‘‘National grant college program and this title by the (a) IN GENERAL.—In addition to the Sea Grant College Program Amendments Act national sea grant office and the Administra- amounts authorized by section 306 of the Hy- of 2008’’. drographic Services Improvement Act of 1998 tion;’’; and SEC. 5242. REFERENCES. (3) by amending paragraph (4) to read as (33 U.S.C. 892d), there are authorized to be Except as otherwise expressly provided appropriated to the Administrator to carry follows: therein, whenever in this part an amendment ‘‘(4) any regional or national strategic in- out this part— or repeal is expressed in terms of an amend- (1) $26,000,000 for fiscal year 2009; vestments in fields relating to ocean, coast- ment to, or repeal of, a section or other pro- al, and Great Lakes resources developed in (2) $32,000,000 for fiscal year 2010; vision, the reference shall be considered to (3) $38,000,000 for fiscal year 2011; and consultation with the Board and with the ap- be made to a section or other provision of proval of the sea grant colleges and the sea (4) $45,000,000 for each of fiscal years 2012 the National Sea Grant College Program Act through 2015. grant institutes.’’. (33 U.S.C. 1121 et seq.). (b) TECHNICAL CORRECTION.—Section (b) JOINT OCEAN AND COASTAL MAPPING SEC. 5243. FINDINGS AND PURPOSE. 204(c)(2) (33 U.S.C. 1123(c)(2)) is amended by CENTERS.—Of the amounts appropriated pur- (a) FINDINGS.—Section 202(a) (33 U.S.C. striking ‘‘Within 6 months of the date of en- suant to subsection (a), the following 1121(a)) is amended— actment of the National Sea Grant College amounts shall be used to carry out section (1) by striking subparagraphs (D) and (E) of Program Reauthorization Act of 1998, the’’ 5235(c) of this part: paragraph (1) and inserting the following: and inserting ‘‘The’’. (1) $11,000,000 for fiscal year 2009. ‘‘(D) encourage the development of prepa- (c) FUNCTIONS OF DIRECTOR OF NATIONAL (2) $12,000,000 for fiscal year 2010. ration, forecast, analysis, mitigation, re- SEA GRANT COLLEGE PROGRAM.—Section (3) $13,000,000 for fiscal year 2011. sponse, and recovery systems for coastal haz- 204(d) (33 U.S.C. 1123(d)) is amended— (4) $15,000,000 for each of fiscal years 2012 ards; (1) in paragraph (2)(A), by striking ‘‘long through 2015. ‘‘(E) understand global environmental range’’; (c) COOPERATIVE AGREEMENTS.—To carry processes and their impacts on ocean, coast- (2) in paragraph (3)(A)— out interagency activities under section 5233 al, and Great Lakes resources; and’’; (A) by striking ‘‘(A)(i) evaluate’’ and in- of this part, the head of any department or (2) by striking ‘‘program of research, edu- serting ‘‘(A) evaluate and assess’’; agency may execute a cooperative agree- cation,’’ in paragraph (2) and inserting ‘‘pro- (B) by striking ‘‘activities; and’’ and in- ment with the Administrator, including gram of integrated research, education, ex- serting ‘‘activities;’’; and those authorized by section 5 of the Act of tension,’’; and (C) by striking clause (ii); and August 6, 1947 (33 U.S.C. 883e). (3) by striking paragraph (6) and inserting (3) in paragraph (3)(B)— SEC. 5238. DEFINITIONS. the following: (A) by redesignating clauses (ii) through In this part: ‘‘(6) The National Oceanic and Atmos- (iv) as clauses (iii) through (v), respectively, (1) ADMINISTRATOR.—The term ‘‘Adminis- pheric Administration, through the national and by inserting after clause (i) the fol- trator’ ’’ means the Administrator of the Na- sea grant college program, offers the most lowing: tional Oceanic and Atmospheric Administra- suitable locus and means for such commit- ‘‘(ii) encourage collaborations among sea tion. ment and engagement through the pro- grant colleges and sea grant institutes to ad- (2) COASTAL STATE.—The term ‘‘coastal motion of activities that will result in great- dress regional and national priorities estab- state’’ has the meaning given that term by er such understanding, assessment, develop- lished under subsection (c)(1);’’; section 304(4) of the Coastal Zone Manage- ment, management, utilization, and con- (B) in clause (iii) (as so redesignated) by ment Act of 1972 (16 U.S.C. 1453(4). servation of ocean, coastal, and Great Lakes striking ‘‘encourage’’ and inserting ‘‘en- (3) COMMITTEE.—The term ‘‘Committee’’ resources. The most cost-effective way to sure’’; means the Interagency Ocean Mapping Com- promote such activities is through continued (C) in clause (iv) (as so redesignated) by mittee established by section 5233. and increased Federal support of the estab- striking ‘‘and’’ after the semicolon; (4) EXCLUSIVE ECONOMIC ZONE.—The term lishment, development, and operation of pro- (D) by inserting after clause (v) (as so re- ‘‘exclusive economic zone’’ means the exclu- grams and projects by sea grant colleges, sea designated) the following: sive economic zone of the United States es- grant institutes, and other institutions, in- ‘‘(vi) encourage cooperation with Minority tablished by Presidential Proclamation No. cluding strong collaborations between Ad- Serving Institutions to enhance collabo- 5030, of March 10, 1983. ministration scientists and research and out- rative research opportunities and increase (5) OCEAN AND COASTAL MAPPING.—The term reach personnel at academic institutions.’’. the number of such students graduating in ‘‘ocean and coastal mapping’’ means the ac- (b) PURPOSE.—Section 202(c) (33 U.S.C. NOAA science areas; and’’. quisition, processing, and management of 1121(c)) is amended by striking ‘‘to promote SEC. 5246. PROGRAM OR PROJECT GRANTS AND physical, biological, geological, chemical, research, education, training, and advisory CONTRACTS. and archaeological characteristics and service activities’’ and inserting ‘‘to promote Section 205 (33 U.S.C. 1124) is amended— boundaries of ocean and coastal areas, re- integrated research, education, training, and (1) by striking ‘‘204(c)(4)(F).’’ in subsection sources, and sea beds through the use of extension services and activities’’. (a) and inserting ‘‘204(c)(4)(F) or that are ap- acoustics, satellites, aerial photogrammetry, (c) TERMINOLOGY.—Subsections (a) and (b) propriated under section 208(b).’’; and light and imaging, direct sampling, and of section 202 (15 U.S.C. 1121(a) and (b)) are (2) by striking the matter following para- other mapping technologies. amended by inserting ‘‘management,’’ after graph (3) in subsection (b) and inserting the (6) TERRITORIAL SEA.—The term ‘‘terri- ‘‘development,’’ each place it appears. following: torial sea’’ means the belt of sea measured SEC. 5244. DEFINITIONS. ‘‘The total amount that may be provided from the baseline of the United States deter- (a) IN GENERAL.—Section 203 (33 U.S.C. for grants under this subsection during any mined in accordance with international law, 1122) is amended— fiscal year shall not exceed an amount equal as set forth in Presidential Proclamation (1) in paragraph (4) by inserting ‘‘manage- to 5 percent of the total funds appropriated Number 5928, dated December 27, 1988. ment,’’ after ‘‘development,’’; for such year under section 212.’’.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7069 SEC. 5247. EXTENSION SERVICES BY SEA GRANT gram. The Board shall indicate in each such dissemination and availability of these data COLLEGES AND SEA GRANT INSTI- report the progress made toward meeting the to— TUTES. priorities identified in the strategic plan in (A) support national defense, marine com- Section 207(a) (33 U.S.C. 1126(a)) is amended effect under section 204(c). The Secretary merce, navigation safety, weather, climate, in each of paragraphs (2)(B) and (3)(B) by shall make available to the Board such infor- and marine forecasting, energy siting and striking ‘‘advisory services’’ and inserting mation, personnel, and administrative serv- production, economic development, eco- ‘‘extension services’’. ices and assistance as it may reasonably re- system-based marine, coastal, and Great SEC. 5248. FELLOWSHIPS. quire to carry out its duties under this Lakes resource management, public safety, Section 208(a) (33 U.S.C. 1127) is amended— title.’’. and public outreach training and education; (1) by striking ‘‘Not later than 1 year after (c) MEMBERSHIP, TERMS, AND POWERS.— (B) promote greater public awareness and the date of the enactment of the National Section 209(c)(1) (33 U.S.C. 1128(c)(1)) is stewardship of the Nation’s ocean, coastal, Sea Grant College Program Act Amendments amended— and Great Lakes resources and the general of 2002, and every 2 years thereafter,’’ in sub- (1) by inserting ‘‘coastal management,’’ public welfare; and section (a) and inserting ‘‘Every 2 years,’’; after ‘‘resource management,’’; and (C) enable advances in scientific under- and (2) by inserting ‘‘management,’’ after ‘‘de- standing to support the sustainable use, con- (2) by adding at the end the following: velopment,’’. servation, management, and understanding ‘‘(c) Restriction on Use of Funds.— (d) EXTENSION OF TERM.—Section 209(c)(3) of healthy ocean, coastal, and Great Lakes Amounts available for fellowships under this (33 U.S.C. 1128(c)(3)) is amended by striking resources; section, including amounts accepted under the second sentence and inserting the fol- (2) improve the Nation’s capability to section 204(c)(4)(F) or appropriated under lowing: ‘‘The Director may extend the term measure, track, explain, and predict events section 212 to implement this section, shall of office of a voting member of the Board related directly and indirectly to weather be used only for award of such fellowships once by up to 1 year.’’. and climate change, natural climate varia- and administrative costs of implementing (e) ESTABLISHMENT OF SUBCOMMITTEES.— bility, and interactions between the oceanic this section.’’ Section 209(c) (33 U.S.C. 1128(c)) is amended and atmospheric environments, including the Great Lakes; and SEC. 5249. NATIONAL SEA GRANT ADVISORY by adding at the end the following: BOARD. ‘‘(8) The Board may establish such sub- (3) authorize activities to promote basic committees as are reasonably necessary to and applied research to develop, test, and de- (a) REDESIGNATION OF SEA GRANT REVIEW carry out its duties under subsection (b). ploy innovations and improvements in coast- PANEL AS BOARD.— Such subcommittees may include individuals al and ocean observation technologies, mod- (1) REDESIGNATION.—The sea grant review eling systems, and other scientific and tech- panel established by section 209 of the Na- who are not Board members.’’. nological capabilities to improve our concep- tional Sea Grant College Program Act (33 SEC. 5250. AUTHORIZATION OF APPROPRIATIONS. tual understanding of weather and climate, U.S.C. 1128), as in effect before the date of Section 212 of the National Sea Grant Col- ocean-atmosphere dynamics, global climate the enactment of this Act, is redesignated as lege Program Act (33 U.S.C. 1131) is amend- change, physical, chemical, and biological the National Sea Grant Advisory Board. ed— dynamics of the ocean, coastal and Great (2) MEMBERSHIP NOT AFFECTED.—An indi- (1) by striking subsection (a)(1) and insert- Lakes environments, and to conserve vidual serving as a member of the sea grant ing the following: ‘‘ ‘‘(1) IN GENERAL.—There are authorized to healthy and restore degraded coastal eco- review panel immediately before date of the systems. enactment of this Act may continue to serve be appropriated to the Secretary to carry SEC. 5263. DEFINITIONS. as a member of the National Sea Grant Advi- out this title— In this part: sory Board until the expiration of such mem- ‘‘(A) $72,000,000 for fiscal year 2009; ‘‘(B) $75,600,000 for fiscal year 2010; (1) ADMINISTRATOR.—The term ‘‘Adminis- ber’s term under section 209(c) of such Act trator’’ means the Under Secretary of Com- (33 U.S.C. 1128(c)). ‘‘(C) $79,380,000 for fiscal year 2011; ‘‘(D) $83,350,000 for fiscal year 2012; merce for Oceans and Atmosphere in the (3) REFERENCES.—Any reference in a law, Under Secretary’s capacity as Administrator map, regulation, document, paper, or other ‘‘(E) $87,520,000 for fiscal year 2013; and ‘‘(F) $91,900,000 for fiscal year 2014.’’; of the National Oceanic and Atmospheric Ad- record of the United States to such sea grant ministration. review panel is deemed to be a reference to (2) in subsection (a)(2)— (A) by striking ‘‘fiscal years 2003 through (2) COUNCIL.—The term ‘‘Council’’ means the National Sea Grant Advisory Board. the National Ocean Research Leadership (4) CONFORMING AMENDMENTS.— 2008—’’ and inserting ‘‘fiscal years 2009 through 2014—’’; Council established by section 7902 of title (A) IN GENERAL.—Section 209 (33 U.S.C. 10, United States Code. 1128) is amended by striking so much as pre- (B) by striking ‘‘biology and control of zebra mussels and other important aquatic’’ (3) FEDERAL ASSETS.—The term ‘‘Federal cedes subsection (b) and inserting the fol- assets’’ means all relevant non-classified ci- lowing: in subparagraph (A) and inserting ‘‘biology, prevention, and control of aquatic’’; and vilian coastal and ocean observations, tech- ‘‘SEC. 209. NATIONAL SEA GRANT ADVISORY nologies, and related modeling, research, BOARD. (C) by striking ‘‘blooms, including Pfiesteria piscicida; and’’ in subparagraph data management, basic and applied tech- ‘‘(a) ESTABLISHMENT.—There shall be an (C) and inserting ‘‘blooms; and’’; nology research and development, and public independent committee to be known as the (3) in subsection (c)(1) by striking ‘‘rating education and outreach programs, that are National Sea Grant Advisory Board.’’. managed by member agencies of the Council. under section 204(d)(3)(A)’’ and inserting (B) DEFINITION.—Section 203(9) (33 U.S.C. (4) INTERAGENCY OCEAN OBSERVATION COM- ‘‘performance assessments’’; and 1122(9)) is amended to read as follows: MITTEE.—The term ‘‘Interagency Ocean Ob- (4) by striking subsection (c)(2) and insert- ‘‘(9) The term ‘Board’ means the National servation Committee’’ means the committee ing the following: Sea Grant Advisory Board established under ‘‘(2) regional or national strategic invest- established under section 5264(c)(2). section 209.’’; ments authorized under section 204(b)(4);’’. (5) NON-FEDERAL ASSETS.—The term ‘‘non- (C) OTHER PROVISIONS.—The following pro- Federal assets’’ means all relevant coastal visions are each amended by striking PART V—INTEGRATED COASTAL AND and ocean observation technologies, related ‘‘panel’’ each place it appears and inserting OCEAN OBSERVATION SYSTEM ACT OF basic and applied technology research and ‘‘Board’’: 2008 development, and public education and out- (i) Section 204 (33 U.S.C. 1123). SEC. 5261. SHORT TITLE. reach programs that are integrated into the (ii) Section 207 (33 U.S.C. 1126). This part may be cited as the ‘‘Integrated System and are managed through States, re- (iii) Section 209 (33 U.S.C. 1128). Coastal and Ocean Observation System Act gional organizations, universities, non- (b) DUTIES.—Section 209(b) (33 U.S.C. of 2008’’. governmental organizations, or the private 1128(b)) is amended to read as follows: SEC. 5262. PURPOSES. sector. ‘‘(b) DUTIES.— The purposes of this part are to— (6) REGIONAL INFORMATION COORDINATION ‘‘(1) IN GENERAL.—The Board shall advise (1) establish a national integrated System ENTITIES.— the Secretary and the Director concerning— of ocean, coastal, and Great Lakes observing (A) IN GENERAL.—The term ‘‘regional infor- ‘‘(A) strategies for utilizing the sea grant systems, comprised of Federal and non-Fed- mation coordination entity’’ means an orga- college program to address the Nation’s eral components coordinated at the national nizational body that is certified or estab- highest priorities regarding the under- level by the National Ocean Research Lead- lished by contract or memorandum by the standing, assessment, development, manage- ership Council and at the regional level by a lead Federal agency designated in section ment, utilization, and conservation of ocean, network of regional information coordina- 5264(c)(3) of this part and coordinates State, coastal, and Great Lakes resources; tion entities, and that includes in situ, re- Federal, local, and private interests at a re- ‘‘(B) the designation of sea grant colleges mote, and other coastal and ocean observa- gional level with the responsibility of engag- and sea grant institutes; and tion, technologies, and data management ing the private and public sectors in design- ‘‘(C) such other matters as the Secretary and communication systems, and is designed ing, operating, and improving regional coast- refers to the Board for review and advice. to address regional and national needs for al and ocean observing systems in order to ‘‘(2) BIENNIAL REPORT.—The Board shall re- ocean information, to gather specific data on ensure the provision of data and information port to the Congress every two years on the key coastal, ocean, and Great Lakes vari- that meet the needs of user groups from the state of the national sea grant college pro- ables, and to ensure timely and sustained respective regions.

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(B) CERTAIN INCLUDED ASSOCIATIONS.—The carrying out its responsibilities under this mittee, other Federal agencies that main- term ‘‘regional information coordination en- part, the Council shall— tain portions of the System, and the regional tity’’ includes regional associations de- (A) approve and adopt comprehensive Sys- information coordination entities, and scribed in the System Plan. tem budgets developed and maintained by shall— (7) SECRETARY.—The term ‘‘Secretary’’ the Interagency Ocean Observation Com- (A) establish an Integrated Ocean Observ- means the Secretary of Commerce, acting mittee to support System operations, includ- ing Program Office within the National Oce- through the National Oceanic and Atmos- ing operations of both Federal and non-Fed- anic and Atmospheric Administration uti- pheric Administration. eral assets; lizing to the extent necessary, personnel (8) SYSTEM.—The term ‘‘System’’ means (B) ensure coordination of the System with from member agencies participating on the the National Integrated Coastal and Ocean other domestic and international earth ob- Interagency Ocean Observation Committee, Observation System established under sec- serving activities including the Global Ocean to oversee daily operations and coordination tion 5264. Observing System and the Global Earth Ob- of the System; (9) SYSTEM PLAN.—The term ‘‘System serving System of Systems, and provide, as (B) implement policies, protocols, and Plan’’ means the plan contained in the docu- appropriate, support for and representation standards approved by the Council and dele- ment entitled ‘‘Ocean.US Publication No. 9, on United States delegations to inter- gated by the Interagency Ocean Observing The First Integrated Ocean Observing Sys- national meetings on coastal and ocean ob- Committee; tem (IOOS) Development Plan’’, as updated serving programs; and (C) promulgate program guidelines to cer- by the Council under this part. (C) encourage coordinated intramural and tify and integrate non-Federal assets, includ- SEC. 5264. INTEGRATED COASTAL AND OCEAN extramural research and technology develop- ing regional information coordination enti- OBSERVING SYSTEM. ment, and a process to transition developing ties, into the System to provide regional (a) ESTABLISHMENT.—The President, acting technology and methods into operations of coastal and ocean observation data that through the Council, shall establish a Na- the System. meet the needs of user groups from the re- tional Integrated Coastal and Ocean Obser- (2) INTERAGENCY OCEAN OBSERVATION COM- spective regions; vation System to fulfill the purposes set MITTEE.—The Council shall establish or des- (D) have the authority to enter into and forth in section 5262 of this part and the Sys- ignate an Interagency Ocean Observation oversee contracts, leases, grants or coopera- tem Plan and to fulfill the Nation’s inter- Committee which shall— tive agreements with non-Federal assets, in- national obligations to contribute to the (A) prepare annual and long-term plans for cluding regional information coordination Global Earth Observation System of Systems consideration and approval by the Council entities, to support the purposes of this part and the Global Ocean Observing System. for the integrated design, operation, mainte- on such terms as the Administrator deems (b) SYSTEM ELEMENTS.— nance, enhancement and expansion of the appropriate; (1) IN GENERAL.—In order to fulfill the pur- System to meet the objectives of this part (E) implement a merit-based, competitive poses of this part, the System shall be na- and the System Plan; funding process to support non-Federal as- tional in scope and consist of— (B) develop and transmit to Congress at sets, including the development and mainte- (A) Federal assets to fulfill national and the time of submission of the President’s an- nance of a network of regional information international observation missions and pri- nual budget request an annual coordinated, coordination entities, and develop and imple- orities; comprehensive budget to operate all ele- ment a process for the periodic review and (B) non-Federal assets, including a net- ments of the System identified in subsection evaluation of all non-Federal assets, includ- work of regional information coordination (b), and to ensure continuity of data streams ing regional information coordination enti- entities identified under subsection (c)(4), to from Federal and non-Federal assets; ties; fulfill regional observation missions and pri- (C) establish required observation data (F) provide opportunities for competitive orities; variables to be gathered by both Federal and contracts and grants for demonstration (C) data management, communication, and non-Federal assets and identify, in consulta- projects to design, develop, integrate, de- modeling systems for the timely integration tion with regional information coordination ploy, and support components of the System; and dissemination of data and information entities, priorities for System observations; (G) establish efficient and effective admin- products from the System; (D) establish protocols and standards for istrative procedures for allocation of funds (D) a research and development program System data processing, management, and among contractors, grantees, and non-Fed- conducted under the guidance of the Council, communication; eral assets, including regional information consisting of— (E) develop contract certification stand- coordination entities in a timely manner, (i) basic and applied research and tech- ards and compliance procedures for all non- and contingent on appropriations according nology development to improve under- Federal assets, including regional informa- to the budget adopted by the Council; standing of coastal and ocean systems and tion coordination entities, to establish eligi- (H) develop and implement a process for their relationships to human activities and bility for integration into the System and to the periodic review and evaluation of re- to ensure improvement of operational assets ensure compliance with all applicable stand- gional information coordination entities; and products, including related infrastruc- ards and protocols established by the Coun- (I) formulate an annual process by which ture, observing technologies, and informa- cil, and ensure that regional observations gaps in observation coverage or needs for tion and data processing and management are integrated into the System on a sus- capital improvements of Federal assets and technologies; and tained basis; non-Federal assets of the System are identi- (ii) large scale computing resources and re- (F) identify gaps in observation coverage fied by the regional information coordina- search to advance modeling of coastal and or needs for capital improvements of both tion entities, the Administrator, or other ocean processes. Federal assets and non-Federal assets; members of the System and transmitted to (2) ENHANCING ADMINISTRATION AND MAN- (G) subject to the availability of appropria- the Interagency Ocean Observing Com- AGEMENT.—The head of each Federal agency tions, establish through one or more partici- mittee; that has administrative jurisdiction over a pating Federal agencies, in consultation (J) develop and be responsible for a data Federal asset shall support the purposes of with the System advisory committee estab- management and communication system, in this part and may take appropriate actions lished under subsection (d), a competitive accordance with standards and protocols es- to enhance internal agency administration matching grant or other programs— tablished by the Council, by which all data and management to better support, inte- (i) to promote intramural and extramural collected by the System regarding ocean and grate, finance, and utilize observation data, research and development of new, innova- coastal waters of the United States including products, and services developed under this tive, and emerging observation technologies the Great Lakes, are processed, stored, inte- section to further its own agency mission including testing and field trials; and grated, and made available to all end-user and responsibilities. (ii) to facilitate the migration of new, in- communities; (3) AVAILABILITY OF DATA.—The head of novative, and emerging scientific and tech- (K) implement a program of public edu- each Federal agency that has administrative nological advances from research and devel- cation and outreach to improve public jurisdiction over a Federal asset shall make opment to operational deployment; awareness of global climate change and ef- available data that are produced by that (H) periodically review and recommend to fects on the ocean, coastal, and Great Lakes asset and that are not otherwise restricted the Council, in consultation with the Admin- environment; for integration, management, and dissemina- istrator, revisions to the System Plan; (L) report annually to the Interagency tion by the System. (I) ensure collaboration among Federal Ocean Observing Committee on the accom- (4) NON-FEDERAL ASSETS.—Non-Federal as- agencies participating in the activities of plishments, operational needs, and perform- sets shall be coordinated, as appropriate, by the Committee; and ance of the System to contribute to the an- the Interagency Ocean Observing Committee (J) perform such additional duties as the nual and long-term plans developed pursuant or by regional information coordination en- Council may delegate. to subsection (c)(2)(A)(i); and tities. (3) LEAD FEDERAL AGENCY.—The National (M) develop a plan to efficiently integrate (c) POLICY OVERSIGHT, ADMINISTRATION, Oceanic and Atmospheric Administration into the System new, innovative, or emerg- AND REGIONAL COORDINATION.— shall function as the lead Federal agency for ing technologies that have been dem- (1) COUNCIL FUNCTIONS.—The Council shall the implementation and administration of onstrated to be useful to the System and serve as the policy and coordination over- the System, in consultation with the Coun- which will fulfill the purposes of this part sight body for all aspects of the System. In cil, the Interagency Ocean Observation Com- and the System Plan.

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(4) REGIONAL INFORMATION COORDINATION maintenance, or use of the System, or use of SEC. 5267. REPORT TO CONGRESS. ENTITIES.— data products provided through the System. (a) REQUIREMENT.—Not later than 2 years (A) IN GENERAL.—To be certified or estab- (B) TERMS OF SERVICE.—Members shall be after the date of the enactment of this Act lished under this part, a regional informa- appointed for 3-year terms, renewable once. and every 2 years thereafter, the Adminis- tion coordination entity shall be certified or A vacancy appointment shall be for the re- trator shall prepare and the President acting established by contract or agreement by the mainder of the unexpired term of the va- through the Council shall approve and trans- Administrator, and shall agree to meet the cancy, and an individual so appointed may mit to the Congress a report on progress certification standards and compliance pro- subsequently be appointed for 2 full 3-year made in implementing this part. cedure guidelines issued by the Adminis- terms if the remainder of the unexpired term (b) CONTENTS.—The report shall include— trator and information needs of user groups is less than 1 year. (1) a description of activities carried out in the region while adhering to national (C) CHAIRPERSON.—The Administrator shall under this part and the System Plan; standards and shall— designate a chairperson from among the (2) an evaluation of the effectiveness of the (i) demonstrate an organizational struc- members of the System advisory committee. System, including an evaluation of progress ture capable of gathering required System (D) APPOINTMENT.—Members of the System made by the Council to achieve the goals observation data, supporting and integrating advisory committee shall be appointed as identified under the System Plan; all aspects of coastal and ocean observing special Government employees for purposes (3) identification of Federal and non-Fed- and information programs within a region of section 202(a) of title 18, United States eral assets as determined by the Council that and that reflects the needs of State and local Code. have been integrated into the System, in- governments, commercial interests, and (4) ADMINISTRATIVE PROVISIONS.— cluding assets essential to the gathering of other users and beneficiaries of the System (A) REPORTING.—The System advisory required observation data variables nec- and other requirements specified under this committee shall report to the Administrator essary to meet the respective missions of part and the System Plan; and the Interagency Ocean Observing Com- Council agencies; (ii) identify gaps in observation coverage mittee, as appropriate. (4) a review of procurements, planned or needs for capital improvements of Federal (B) ADMINISTRATIVE SUPPORT.—The Admin- initiated, by each Council agency to en- assets and non-Federal assets of the System, istrator shall provide administrative support hance, expand, or modernize the observation or other recommendations to assist in the to the System advisory committee. capabilities and data products provided by development of the annual and long-term (C) MEETINGS.—The System advisory com- the System, including data management and plans created pursuant to subsection mittee shall meet at least once each year, communication subsystems; (c)(2)(A)(i) and transmit such information to and at other times at the call of the Admin- (5) an assessment regarding activities to the Interagency Ocean Observing Committee istrator, the Interagency Ocean Observing integrate Federal and non-Federal assets, via the Program Office; Committee, or the chairperson. nationally and on the regional level, and dis- (iii) develop and operate under a strategic (D) COMPENSATION AND EXPENSES.—Mem- cussion of the performance and effectiveness operational plan that will ensure the effi- bers of the System advisory committee shall of regional information coordination entities cient and effective administration of pro- not be compensated for service on that Com- to coordinate regional observation oper- grams and assets to support daily data obser- mittee, but may be allowed travel expenses, ations; vations for integration into the System, pur- including per diem in lieu of subsistence, in (6) a description of benefits of the program suant to the standards approved by the accordance with subchapter I of chapter 57 of to users of data products resulting from the Council; title 5, United States Code. System (including the general public, indus- (iv) work cooperatively with governmental (E) EXPIRATION.—Section 14 of the Federal tries, scientists, resource managers, emer- and non-governmental entities at all levels Advisory Committee Act (5 U.S.C. App.) gency responders, policy makers, and edu- to identify and provide information products shall not apply to the System advisory com- cators); of the System for multiple users within the mittee. (7) recommendations concerning— service area of the regional information co- (e) CIVIL LIABILITY.—For purposes of deter- (A) modifications to the System; and ordination entities; and mining liability arising from the dissemina- (B) funding levels for the System in subse- (v) comply with all financial oversight re- tion and use of observation data gathered quent fiscal years; and quirements established by the Adminis- pursuant to this section, any non-Federal (8) the results of a periodic external inde- trator, including requirements relating to asset or regional information coordination pendent programmatic audit of the System. audits. entity incorporated into the System by con- SEC. 5268. PUBLIC-PRIVATE USE POLICY. (B) PARTICIPATION.—For the purposes of this part, employees of Federal agencies may tract, lease, grant, or cooperative agreement The Council shall develop a policy within 6 participate in the functions of the regional under subsection (c)(3)(D) that is partici- months after the date of the enactment of information coordination entities. pating in the System shall be considered to this Act that defines processes for making (d) SYSTEM ADVISORY COMMITTEE.— be part of the National Oceanic and Atmos- decisions about the roles of the Federal Gov- (1) IN GENERAL.—The Administrator shall pheric Administration. Any employee of ernment, the States, regional information establish or designate a System advisory such a non-Federal asset or regional infor- coordination entities, the academic commu- committee, which shall provide advice as mation coordination entity, while operating nity, and the private sector in providing to may be requested by the Administrator or within the scope of his or her employment in end-user communities environmental infor- the Interagency Ocean Observing Com- carrying out the purposes of this part, with mation, products, technologies, and services mittee. respect to tort liability, is deemed to be an related to the System. The Council shall (2) PURPOSE.—The purpose of the System employee of the Federal Government. publish the policy in the Federal Register for advisory committee is to advise the Admin- (f) LIMITATION.—Nothing in this part shall public comment for a period not less than 60 istrator and the Interagency Ocean Observ- be construed to invalidate existing certifi- days. Nothing in this section shall be con- ing Committee on— cations, contracts, or agreements between strued to require changes in policy in effect (A) administration, operation, manage- regional information coordination entities on the date of enactment of this Act. ment, and maintenance of the System, in- and other elements of the System. SEC. 5269. INDEPENDENT COST ESTIMATE. cluding integration of Federal and non-Fed- SEC. 5265. INTERAGENCY FINANCING AND Within 1 year after the date of enactment eral assets and data management and com- AGREEMENTS. of this Act, the Interagency Ocean Observa- munication aspects of the System, and ful- (a) IN GENERAL.—To carry out interagency tion Committee, through the Administrator fillment of the purposes set forth in section activities under this part, the Secretary of and the Director of the National Science 5262; Commerce may execute cooperative agree- Foundation, shall obtain an independent cost (B) expansion and periodic modernization ments, or any other agreements, with, and estimate for operations and maintenance of and upgrade of technology components of the receive and expend funds made available by, existing Federal assets of the System, and System; any State or subdivision thereof, any Fed- planned or anticipated acquisition, oper- (C) identification of end-user communities, eral agency, or any public or private organi- ation, and maintenance of new Federal as- their needs for information provided by the zation, or individual. sets for the System, including operation fa- System, and the System’s effectiveness in (b) RECIPROCITY.—Member Departments cilities, observation equipment, modeling disseminating information to end-user com- and agencies of the Council shall have the and software, data management and commu- munities and the general public; and authority to create, support, and maintain nication, and other essential components. (D) any other purpose identified by the Ad- joint centers, and to enter into and perform The independent cost estimate shall be ministrator or the Interagency Ocean Ob- such contracts, leases, grants, and coopera- transmitted unabridged and without revision serving Committee. tive agreements as may be necessary to by the Administrator to Congress. (3) MEMBERS.— carry out the purposes of this part and ful- SEC. 5270. INTENT OF CONGRESS. (A) IN GENERAL.—The System advisory fillment of the System Plan. It is the intent of Congress that funding committee shall be composed of members ap- SEC. 5266. APPLICATION WITH OTHER LAWS. provided to agencies of the Council to imple- pointed by the Administrator. Members shall Nothing in this part supersedes or limits ment this part shall supplement, and not re- be qualified by education, training, and expe- the authority of any agency to carry out its place, existing sources of funding for other rience to evaluate scientific and technical responsibilities and missions under other programs. It is the further intent of Congress information related to the design, operation, laws. that agencies of the Council shall not enter

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AUTHORIZATION OF APPROPRIATIONS. conserve marine organisms and ecosystems among the ocean sciences, and coordinated There are authorized to be appropriated to exposed to ocean acidification; research and activities to improve the under- the Secretary of Commerce for fiscal years (3) facilitate communication and outreach standing of ocean chemistry that will affect 2009 through 2013 such sums as are necessary opportunities with nongovernmental organi- marine ecosystems; (2) establish, for the 10-year period begin- to fulfill the purposes of this part and sup- zations and members of the stakeholder com- ning in the year the plan is submitted, the port activities identified in the annual co- munity with interests in marine resources; goals and priorities for Federal research and ordinated System budget developed by the (4) coordinate the United States Federal monitoring which will— Interagency Ocean Observation Committee research and monitoring program with re- (A) advance understanding of ocean acidifi- and submitted to the Congress. search and monitoring programs and sci- cation and its physical, chemical, and bio- PART VI—FEDERAL OCEAN ACIDIFICA- entists from other nations; and (5) establish or designate an Ocean Acidifi- logical impacts on marine organisms and TION RESEARCH AND MONITORING ACT marine ecosystems; OF 2008 cation Information Exchange to make infor- mation on ocean acidification developed (B) improve the ability to assess the socio- SEC. 5281. SHORT TITLE. through or utilized by the interagency ocean economic impacts of ocean acidification; and This part may be cited as the ‘‘Federal acidification program accessible through (C) provide information for the develop- Ocean Acidification Research And Moni- electronic means, including information ment of adaptation and mitigation strategies toring Act of 2008’’ or the ‘‘FOARAM Act’’. which would be useful to policymakers, re- to conserve marine organisms and marine ecosystems; SEC. 5282. PURPOSES. searchers, and other stakeholders in miti- (3) describe specific activities, including— (a) PURPOSES.—The purposes of this part gating or adapting to the impacts of ocean (A) efforts to determine user needs; are to provide for— acidification. (B) research activities; (1) development and coordination of a com- (c) REPORTS TO CONGRESS.— (C) monitoring activities; prehensive interagency plan to— (1) INITIAL REPORT.—Not later than 1 year (D) technology and methods development; (A) monitor and conduct research on the after the date of enactment of this Act, the (E) data collection; processes and consequences of ocean acidifi- Subcommittee shall transmit a report to the (F) database development; cation on marine organisms and ecosystems; Committee on Commerce, Science, and (G) modeling activities; and Transportation of the Senate and the Com- (H) assessment of ocean acidification im- (B) establish an interagency research and mittee on Science and Technology and the monitoring program on ocean acidification; pacts; and Committee on Natural Resources of the (I) participation in international research (2) establishment of an ocean acidification House of Representatives that— efforts; program within the National Oceanic and (A) includes a summary of federally funded (4) identify relevant programs and activi- Atmospheric Administration; ocean acidification research and monitoring ties of the Federal agencies that contribute (3) assessment and consideration of re- activities, including the budget for each of to the interagency program directly and in- gional and national ecosystem and socio- these activities; and directly and set forth the role of each Fed- economic impacts of increased ocean acidifi- (B) describes the progress in developing the eral agency in implementing the plan; cation; and plan required under section 5285 of this part. (5) consider and utilize, as appropriate, re- (4) research adaptation strategies and tech- (2) BIENNIAL REPORT.—Not later than 2 ports and studies conducted by Federal agen- niques for effectively conserving marine eco- years after the delivery of the initial report cies, the National Research Council, or other systems as they cope with increased ocean under paragraph (1) and every 2 years there- entities; acidification. after, the Subcommittee shall transmit a re- (6) make recommendations for the coordi- SEC. 5283. DEFINITIONS. port to the Committee on Commerce, nation of the ocean acidification research In this part: Science, and Transportation of the Senate and monitoring activities of the United (1) OCEAN ACIDIFICATION.—The term ‘‘ocean and the Committee on Science and Tech- States with such activities of other nations acidification’’ means the decrease in pH of nology and the Committee on Natural Re- and international organizations; the Earth’s oceans and changes in ocean sources of the House of Representatives that (7) outline budget requirements for Federal chemistry caused by chemical inputs from includes— ocean acidification research and monitoring the atmosphere, including carbon dioxide. (A) a summary of federally funded ocean and assessment activities to be conducted by (2) SECRETARY.—The term ‘‘Secretary’’ acidification research and monitoring activi- each agency under the plan; means the Secretary of Commerce, acting ties, including the budget for each of these (8) identify the monitoring systems and through the Administrator of the National activities; and sampling programs currently employed in Oceanic and Atmospheric Administration. (B) an analysis of the progress made to- collecting data relevant to ocean acidifica- (3) SUBCOMMITTEE.—The term ‘‘Sub- ward achieving the goals and priorities for tion and prioritize additional monitoring committee’’ means the Joint Subcommittee the interagency research plan developed by systems that may be needed to ensure ade- on Ocean Science and Technology of the Na- the Subcommittee under section 5285. quate data collection and monitoring of tional Science and Technology Council. (3) STRATEGIC RESEARCH PLAN.—Not later ocean acidification and its impacts; and SEC. 5284. INTERAGENCY SUBCOMMITTEE. than 2 years after the date of enactment of (9) describe specific activities designed to (a) DESIGNATION.— this Act, the Subcommittee shall transmit facilitate outreach and data and information (1) IN GENERAL.—The Joint Subcommittee the strategic research plan developed under exchange with stakeholder communities. on Ocean Science and Technology of the Na- section 5285 to the Committee on Commerce, (c) PROGRAM ELEMENTS.—The plan shall in- tional Science and Technology Council shall Science, and Transportation of the Senate clude at a minimum the following program coordinate Federal activities on ocean acidi- and the Committee on Science and Tech- elements: fication and establish an interagency work- nology and the Committee on Natural Re- (1) Monitoring of ocean chemistry and bio- ing group. sources of the House of Representatives. A logical impacts associated with ocean acidi- (2) MEMBERSHIP.—The interagency working revised plan shall be submitted at least once fication at selected coastal and open-ocean group on ocean acidification shall be com- every 5 years thereafter. monitoring stations, including satellite- prised of senior representatives from the Na- SEC. 5285. STRATEGIC RESEARCH PLAN. based monitoring to characterize— tional Oceanic and Atmospheric Administra- (a) IN GENERAL.—Not later than 2 years (A) marine ecosystems; tion, the National Science Foundation, the after the date of enactment of this Act, the (B) changes in marine productivity; and National Aeronautics and Space Administra- Subcommittee shall develop a strategic plan (C) changes in surface ocean chemistry. tion, the United States Geological Survey, for Federal research and monitoring on (2) Research to understand the species spe- the United States Fish and Wildlife Service, ocean acidification that will provide for an cific physiological responses of marine orga- and such other Federal agencies as appro- assessment of the impacts of ocean acidifica- nisms to ocean acidification, impacts on ma- priate. tion on marine organisms and marine eco- rine food webs of ocean acidification, and to (3) CHAIRMAN.—The interagency working systems and the development of adaptation develop environmental and ecological indices group shall be chaired by the representative and mitigation strategies to conserve marine that track marine ecosystem responses to from the National Oceanic and Atmospheric organisms and marine ecosystems. In devel- ocean acidification. Administration. oping the plan, the Subcommittee shall con- (3) Modeling to predict changes in the (b) DUTIES.—The Subcommittee shall— sider and use information, reports, and stud- ocean carbon cycle as a function of carbon (1) develop the strategic research and mon- ies of ocean acidification that have identi- dioxide and atmosphere-induced changes in itoring plan to guide Federal research on fied research and monitoring needed to bet- temperature, ocean circulation, biogeo- ocean acidification required under section ter understand ocean acidification and its chemistry, ecosystem and terrestrial input,

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7073 and modeling to determine impacts on ma- tinue to carry out research activities on SEC. 6102. AUTHORIZATION FOR CAPITAL AND rine ecosystems and individual marine orga- ocean acidification which shall support com- PREVENTIVE MAINTENANCE nisms. petitive, merit-based, peer-reviewed pro- PROJECTS FOR WASHINGTON MET- (4) Technology development and standard- posals for research and monitoring of ocean ROPOLITAN AREA TRANSIT AUTHOR- ITY. ization of carbonate chemistry measure- acidification and its impacts, including— (a) AUTHORIZATION.— ments on moorings and autonomous floats. (1) impacts on marine organisms and ma- (1) IN GENERAL.—Subject to the succeeding (5) Assessment of socioeconomic impacts of rine ecosystems; provisions of this section, the Secretary of ocean acidification and development of adap- (2) impacts on ocean, coastal, and estua- Transportation is authorized to make grants tation and mitigation strategies to conserve rine biogeochemistry; and to the Transit Authority, in addition to the marine organisms and marine ecosystems. (3) the development of methodologies and (d) NATIONAL ACADEMY OF SCIENCES EVAL- contributions authorized under sections 3, 14, technologies to evaluate ocean acidification and 17 of the National Capital Transpor- UATION.—The Secretary shall enter into an and its impacts. agreement with the National Academy of tation Act of 1969 (sec. 9—1101.01 et seq., D.C. (b) CONSISTENCY.—The research activities Sciences to review the plan. Official Code), for the purpose of financing in shall be consistent with the strategic re- (e) PUBLIC PARTICIPATION.—In developing part the capital and preventive maintenance the plan, the Subcommittee shall consult search plan developed by the Subcommittee projects included in the Capital Improve- with representatives of academic, State, in- under section 5285. ment Program approved by the Board of Di- dustry and environmental groups. Not later (c) COORDINATION.—The Director shall en- rectors of the Transit Authority. than 90 days before the plan, or any revision courage coordination of the Foundation’s (2) DEFINITIONS.—In this section— thereof, is submitted to the Congress, the ocean acidification activities with such ac- (A) the term ‘‘Transit Authority’’ means plan shall be published in the Federal Reg- tivities of other nations and international the Washington Metropolitan Area Transit ister for a public comment period of not less organizations. Authority established under Article III of than 60 days. SEC. 5288. NASA OCEAN ACIDIFICATION ACTIVI- the Compact; and SEC. 5286. NOAA OCEAN ACIDIFICATION ACTIVI- TIES. (B) the term ‘‘Compact’’ means the Wash- TIES. (a) OCEAN ACIDIFICATION ACTIVITIES.—The ington Metropolitan Area Transit Authority (a) IN GENERAL.—The Secretary shall es- Administrator of the National Aeronautics Compact (80 Stat. 1324; Public Law 89—774). tablish and maintain an ocean acidification and Space Administration, in coordination (b) USE OF FUNDS.—The Federal grants program within the National Oceanic and with other relevant agencies, shall ensure made pursuant to the authorization under Atmospheric Administration to conduct re- that space-based monitoring assets are used this section shall be subject to the following search, monitoring, and other activities con- in as productive a manner as possible for limitations and conditions: sistent with the strategic research and im- monitoring of ocean acidification and its im- (1) The work for which such Federal grants plementation plan developed by the Sub- pacts. are authorized shall be subject to the provi- committee under section 5285 that— sions of the Compact (consistent with the (b) PROGRAM CONSISTENCY.—The Adminis- (1) includes— amendments to the Compact described in trator shall ensure that the Agency’s re- (A) interdisciplinary research among the subsection (d)). search and monitoring activities on ocean ocean and atmospheric sciences, and coordi- (2) Each such Federal grant shall be for 50 acidification are carried out in a manner nated research and activities to improve un- percent of the net project cost of the project consistent with the strategic research plan derstanding of ocean acidification; involved, and shall be provided in cash from developed by the Subcommittee under sec- (B) the establishment of a long-term moni- sources other than Federal funds or revenues tion 5285. toring program of ocean acidification uti- from the operation of public mass transpor- lizing existing global and national ocean ob- (c) COORDINATION.—The Administrator tation systems. Consistent with the terms of serving assets, and adding instrumentation shall encourage coordination of the Agency’s the amendment to the Compact described in and sampling stations as appropriate to the ocean acidification activities with such ac- subsection (d)(1), any funds so provided shall aims of the research program; tivities of other nations and international be solely from undistributed cash surpluses, (C) research to identify and develop adap- organizations. replacement or depreciation funds or re- tation strategies and techniques for effec- SEC. 5289. AUTHORIZATION OF APPROPRIATIONS. serves available in cash, or new capital. tively conserving marine ecosystems as they (3) Such Federal grants may be used only cope with increased ocean acidification; (a) NOAA.—There are authorized to be ap- propriated to the National Oceanic and At- for the maintenance and upkeep of the sys- (D) as an integral part of the research pro- tems of the Transit Authority as of the date grams described in this part, educational op- mospheric Administration to carry out the of the enactment of this Act and may not be portunities that encourage an interdiscipli- purposes of this part— used to increase the mileage of the rail sys- nary and international approach to exploring (1) $8,000,000 for fiscal year 2009; tem. the impacts of ocean acidification; (2) $12,000,000 for fiscal year 2010; (c) APPLICABILITY OF REQUIREMENTS FOR (E) as an integral part of the research pro- (3) $15,000,000 for fiscal year 2011; and MASS TRANSPORTATION CAPITAL PROJECTS grams described in this part, national public (4) $20,000,000 for fiscal year 2012. RECEIVING FUNDS UNDER FEDERAL TRANSPOR- outreach activities to improve the under- (b) NSF.—There are authorized to be ap- TATION LAW.—Except as specifically provided standing of current scientific knowledge of propriated to the National Science Founda- in this section, the use of any amounts ap- ocean acidification and its impacts on ma- tion to carry out the purposes of this part— propriated pursuant to the authorization rine resources; and (1) $6,000,000 for fiscal year 2009; under this section shall be subject to the re- (F) coordination of ocean acidification (2) $8,000,000 for fiscal year 2010; quirements applicable to capital projects for monitoring and impacts research with other (3) $12,000,000 for fiscal year 2011; and which funds are provided under chapter 53 of appropriate international ocean science bod- (4) $15,000,000 for fiscal year 2012. title 49, United States Code, except to the ex- ies such as the International Oceanographic TITLE VI—HOMELAND SECURITY AND tent that the Secretary of Transportation Commission, the International Council for GOVERNMENTAL AFFAIRS PROVISIONS determines that the requirements are incon- the Exploration of the Sea, the North Pacific Marine Science Organization, and others; Subtitle A—National Capital Transportation sistent with the purposes of this section. (d) AMENDMENTS TO COMPACT.—No amounts (2) provides grants for critical research Amendments Act of 2008 may be provided to the Transit Authority projects that explore the effects of ocean SEC. 6101. SHORT TITLE; FINDINGS. pursuant to the authorization under this sec- acidification on ecosystems and the socio- (a) SHORT TITLE.—This subtitle may be tion until the Transit Authority notifies the economic impacts of increased ocean acidifi- cited as the ‘‘National Capital Transpor- Secretary of Transportation that each of the cation that are relevant to the goals and pri- tation Amendments Act of 2008’’. orities of the strategic research plan; and following amendments to the Compact (and (3) incorporates a competitive merit-based (b) FINDINGS.—Congress finds as follows: any further amendments which may be re- process for awarding grants that may be con- (1) Metro, the public transit system of the quired to implement such amendments) have ducted jointly with other participating agen- Washington metropolitan area, is essential taken effect: cies or under the National Oceanographic for the continued and effective performance (1)(A) An amendment requiring that all Partnership Program under section 7901 of of the functions of the Federal Government, payments by the local signatory govern- title 10, United States Code. and for the orderly movement of people dur- ments for the Transit Authority for the pur- (b) ADDITIONAL AUTHORITY.—In conducting ing major events and times of regional or na- pose of matching any Federal funds appro- the Program, the Secretary may enter into tional emergency. priated in any given year authorized under and perform such contracts, leases, grants, (2) On 3 occasions, Congress has authorized subsection (a) for the cost of operating and or cooperative agreements as may be nec- appropriations for the construction and cap- maintaining the adopted regional system are essary to carry out the purposes of this part ital improvement needs of the Metrorail sys- made from amounts derived from dedicated on such terms as the Secretary considers ap- tem. funding sources. propriate. (3) Additional funding is required to pro- (B) For purposes of this paragraph, the SEC. 5287. NSF OCEAN ACIDIFICATION ACTIVI- tect these previous Federal investments and term ‘‘dedicated funding source’’ means any TIES. ensure the continued functionality and via- source of funding which is earmarked or re- (a) RESEARCH ACTIVITIES.—The Director of bility of the original 103-mile Metrorail sys- quired under State or local law to be used to the National Science Foundation shall con- tem. match Federal appropriations authorized

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7074 CONGRESSIONAL RECORD — SENATE July 22, 2008 under this subtitle for payments to the Tran- pation, and Post-Civil War Reconstruction ‘‘(1) $210,000,000 for fiscal year 2009; sit Authority. Act’’. ‘‘(2) $230,000,000 for fiscal year 2010; and (2) An amendment establishing an Office of SEC. 6202. ESTABLISHMENT OF NATIONAL DATA- ‘‘(3) $250,000,000 for fiscal year 2011.’’. the Inspector General of the Transit Author- BASE. SEC. 6303. FLOOD CONTROL PROJECTS. ity. (a) IN GENERAL.—The Archivist of the (a) DEFINITIONS.—In this section— (3) An amendment expanding the Board of United States shall preserve relevant records (1) the term ‘‘Administrator’’ means the Directors of the Transit Authority to include and establish, as part of the National Ar- Administrator of the Federal Emergency 4 additional Directors appointed by the Ad- chives, an electronically searchable national Management Agency; and ministrator of General Services, of whom 2 database consisting of historic records of ser- (2) the term ‘‘flood control project’’— shall be nonvoting and 2 shall be voting, and vitude, emancipation, and post-Civil War re- (A) means a project relating to the repair requiring one of the voting members so ap- construction, including Refugees, Freedman or rehabilitation of a levee the construction pointed to be a regular passenger and cus- and Abandoned Lands Records, the Southern of which has been completed before the date tomer of the bus or rail service of the Tran- Claims Commission Records, Records of the of enactment of this Act that is— sit Authority. Freedmen’s Bank, Slave Impressments (i) Federally constructed; or (e) ACCESS TO WIRELESS SERVICE IN METRO- Records, Slave Payroll Records, Slave Mani- (ii) a non-Federal levee the owners of RAIL SYSTEM.— fest, and others, contained within the agen- which are participating in the emergency re- (1) REQUIRING TRANSIT AUTHORITY TO PRO- cies and departments of the Federal Govern- sponse to natural disasters program estab- VIDE ACCESS TO SERVICE.—No amounts may ment to assist African Americans and others lished under section 5 of the Act entitled be provided to the Transit Authority pursu- in conducting genealogical and historical re- ant to the authorization under this section ‘‘An Act authorizing the construction of cer- search. unless the Transit Authority ensures that tain public works on rivers and harbors for (b) MAINTENANCE.—The database estab- customers of the rail service of the Transit flood control, and for other purposes’’, ap- lished under this section shall be maintained Authority have access within the rail system proved August 18, 1941 (33 U.S.C. 701n); and by the National Archives or an entity within to services provided by any licensed wireless (B) does not include any project the main- the National Archives designated by the Ar- provider that notifies the Transit Authority tenance of which is the responsibility of a chivist. (in accordance with such procedures as the Federal department or agency, including the Transit Authority may adopt) of its intent SEC. 6203. GRANTS FOR ESTABLISHMENT OF Corps of Engineers. to offer service to the public, in accordance STATE AND LOCAL DATABASES. (b) REVIEW.— with the following timetable: (a) IN GENERAL.—The National Historical (1) IN GENERAL.—Not later than 180 days (A) Not later than 1 year after the date of Publications and Records Commission of the after the date of enactment of this Act, the the enactment of this Act, in the 20 under- National Archives shall provide grants to Administrator shall review the guidance ground rail station platforms with the high- States, colleges and universities, museums, issued by the Federal Emergency Manage- est volume of passenger traffic. libraries, and genealogical associations to ment Agency relating to the eligibility of (B) Not later than 4 years after such date, preserve records and establish electronically flood control projects under the predisaster throughout the rail system. searchable databases consisting of local mitigation program under section 203 of the (2) ACCESS OF WIRELESS PROVIDERS TO SYS- records of servitude, emancipation, and post- Robert T. Stafford Disaster Relief and Emer- TEM FOR UPGRADES AND MAINTENANCE.—No Civil War reconstruction. gency Assistance Act (42 U.S.C. 5133). amounts may be provided to the Transit Au- (b) MAINTENANCE.—The databases estab- (2) CONTENTS.—As part of the review under thority pursuant to the authorization under lished using grants provided under this sec- this subsection, the Administrator shall— this section unless the Transit Authority en- tion shall be maintained by appropriate (A) request proposals for potential flood sures that each licensed wireless provider agencies or institutions designated by the control projects from not less than 5 States who provides service to the public within the National Historical Publications and in which the President declared a major dis- rail system pursuant to paragraph (1) has ac- Records Commission. aster (as that term is defined in section 102 cess to the system on an ongoing basis (sub- SEC. 6204. AUTHORIZATION OF APPROPRIATIONS. of the Robert T. Stafford Disaster Relief and ject to such restrictions as the Transit Au- There are authorized to be appropriated— Emergency Assistance Act (42 U.S.C. 5122)) thority may impose to ensure that such ac- (1) $5,000,000 to implement section 6202; and relating to flooding during the 1-year period cess will not unduly impact rail operations (2) $5,000,000 to provide grants under sec- ending on the date of enactment of this Act; or threaten the safety of customers or em- tion 6203. (B) develop additional criteria for selection ployees of the rail system) to carry out Subtitle C—Predisaster Hazard Mitigation of States under subparagraph (A), which emergency repairs, routine maintenance, and Act of 2008 shall be reviewed by the Government Ac- upgrades to the service. countability Office; SEC. 6301. SHORT TITLE. (3) PERMITTING REASONABLE AND CUS- (C) evaluate the cost-effectiveness of pro- TOMARY CHARGES.—Nothing in this sub- This subtitle may be cited as the posals received under subparagraph (A); and section may be construed to prohibit the ‘‘Predisaster Hazard Mitigation Act of 2008’’. (D) review the report by the Committee on Transit Authority from requiring a licensed SEC. 6302. PREDISASTER HAZARD MITIGATION. Levee Safety required under section wireless provider to pay reasonable and cus- (a) ALLOCATION OF FUNDS.—Section 203(f) of 9003(c)(2) of the Water Resources Develop- tomary charges for access granted under this the Robert T. Stafford Disaster Relief and ment Act of 2007 (33 U.S.C. 3302(c)(2)). subsection. Emergency Assistance Act (42 U.S.C. 5133(f)) (c) REPORTS.— (4) REPORTS.—Not later than 1 year after is amended to read as follows: (1) IN GENERAL.—Not later than 30 days the date of the enactment of this Act, and ‘‘(f) ALLOCATION OF FUNDS.— after the date on which the Administrator each of the 3 years thereafter, the Transit ‘‘(1) IN GENERAL.—The President shall completes the review required under sub- Authority shall submit to the Committee on award financial assistance under this section section (b)(1), the Administrator shall sub- Oversight and Government Reform of the on a competitive basis and in accordance mit to the Committee on Homeland Security House of Representatives and the Committee with the criteria in subsection (g). and Governmental Affairs of the Senate and on Homeland Security and Governmental Af- ‘‘(2) MINIMUM AND MAXIMUM AMOUNTS.—In the Committee on Transportation and Infra- fairs of the Senate a report on the implemen- providing financial assistance under this sec- structure of the House of Representatives a tation of this subsection. tion, the President shall ensure that the report describing the results of the review (5) DEFINITION.—In this subsection, the amount of financial assistance made avail- under subsection (b)(1) of the suitability of term ‘‘licensed wireless provider’’ means any able to a State (including amounts made using funds under the predisaster mitigation provider of wireless services who is operating available to local governments of the State) program for flood control projects, including pursuant to a Federal license to offer such for a fiscal year— any recommendations for changes to the ad- services to the public for profit. ‘‘(A) is not less than the lesser of— ministrative guidance of the Federal Emer- (f) AMOUNT.—There are authorized to be ‘‘(i) $575,000; or gency Management Agency. appropriated to the Secretary of Transpor- ‘‘(ii) the amount that is equal to 1 percent (2) GAO REPORT.—Not later than 240 days tation for grants under this section an aggre- of the total funds appropriated to carry out after the date of enactment of this Act, the gate amount not to exceed $1,500,000,000 to be this section for the fiscal year; and Comptroller General of the United States available in increments over 10 fiscal years ‘‘(B) does not exceed the amount that is shall submit to the Committee on Homeland beginning in fiscal year 2009, or until ex- equal to 15 percent of the total funds appro- Security and Governmental Affairs of the pended. priated to carry out this section for the fis- Senate and the Committee on Transpor- (g) AVAILABILITY.—Amounts appropriated cal year.’’. tation and Infrastructure of the House of pursuant to the authorization under this sec- (b) AUTHORIZATION OF APPROPRIATIONS.— Representatives a report assessing the cri- tion shall remain available until expended. Section 203(m) of the Robert T. Stafford Dis- teria developed by the Administrator under Subtitle B—Preservation of Records of Ser- aster Relief and Emergency Assistance Act subsection (b)(2)(B). vitude, Emancipation, and Post-Civil War (42 U.S.C. 5133(m)) is amended to read as fol- (d) PILOT PROJECT.— Reconstruction Act lows: (1) IN GENERAL.—After the Administrator SEC. 6201. SHORT TITLE. ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— completes the review required under sub- This subtitle may be cited as the ‘‘Preser- There are authorized to be appropriated to section (b)(1), the Administrator may make vation of Records of Servitude, Emanci- carry out this section— grants for not more than 5 flood control

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7075 projects during fiscal year 2010, selected of a hospital is essential for purposes of By Mrs. FEINSTEIN (for herself from among proposals submitted to the Ad- economic development because busi- and Mrs. BOXER): ministrator in response to the request under nesses check to see if a hospital is in S. 3304. A bill to designate the North subsection (b)(2)(A). The selection of projects the community in which they might Palisade in the Sierra Nevada in the under this subsection by the Administrator State of California as ‘‘Brower Pali- shall be consistent with section 203(f) of the set up shop. Robert T. Stafford Disaster Relief and Emer- While the Medicare bill that Con- sade’’ in honor of the late David gency Assistance Act, as amended by this gress just enacted improves the situa- Brower; to the Committee on Energy Act. tion for some tweeners, many more are and Natural Resources. (2) OTHER CRITERIA.—The projects selected left in financial peril. It is unfortunate Mrs. FEINSTEIN. Mr. President, I under this subsection shall meet the criteria that comprehensive payment reforms rise today on behalf of myself and my under subsections (b), (e), and (g) of section for tweener hospitals were not included colleague Senator BOXER to introduce 203 of the Robert T. Stafford Disaster Relief in the bill that just passed. As you the Brower Palisade Designation Act and Emergency Assistance Act (42 U.S.C. and honor the life of one of our Na- 5133). know, I have long proposed a number of tion’s most influential environmental SEC. 6304. TECHNICAL AND CONFORMING tweener payment improvements in pre- AMENDMENTS. vious bills this Congress and they were stewards, the late David Brower. The Robert T. Stafford Disaster Relief and included in the agreement that Senator The Brower Palisade Designation Act Emergency Assistance Act (42 U.S.C. 5121 et BAUCUS and I reached for this year’s renames the North Palisade—a promi- seq.) is amended— Medicare bill. Unfortunately, the core nent peak in the Sierra Nevada— (1) in section 602(a), by striking paragraph tweener hospital payment improve- ‘‘Brower Palisade’’ in his honor. (7) and inserting the following: David Brower dedicated his life to en- ments were dropped from the bill once ‘‘(7) ADMINISTRATOR.—The term ‘Adminis- vironmental advocacy and helped the process became partisan. trator’ means the Administrator of the Fed- shape the conservation movement in eral Emergency Management Agency.’’; and It is for this reason that I am intro- California and across the Nation. (2) by striking ‘‘Director’’ each place it ap- ducing this bill. We must improve the His efforts raised public awareness pears and inserting ‘‘Administrator’’, ex- financial health of tweener hospitals cept— about the environment and the need to and ensure that people have access to preserve our resources for future gen- (A) the second and fourth place it appears health care. in section 622(c); erations. (B) in section 622(d); and Most tweener hospitals are currently Former Secretary of the Interior (C) in section 626(b). designated as Medicare Dependent Hos- Stewart Udall once referred to David TITLE VII—RULES AND ADMINISTRATION pitals and Sole Community Hospitals Brower as the ‘‘giant of 20th Century PROVISIONS under the Medicare program. While the conservation in the United States.’’ SEC. 7001. CONSTRUCTION OF GREENHOUSE FA- bill that recently passed Congress im- In 1952, David Brower was named the CILITY. proves payments for Sole Community first executive director of the Sierra (a) IN GENERAL.—The Board of Regents of Hospitals, there are no provisions that Club, one of the most prominent envi- the Smithsonian Institution is authorized to benefit Medicare Dependent Hospitals. ronmental and conservation organiza- construct a greenhouse facility at its mu- This bill would benefit Medicare De- tions in the U.S. He held this position seum support facility in Suitland, Maryland, to maintain the horticultural operations of, pendent Hospitals by not adjusting for nearly 2 decades. and preserve the orchid collection held in their payments for area wages unless it David Brower’s leadership led to the trust by, the Smithsonian Institution. would result in improved payments. creation of many units of the National (b) AUTHORIZATION OF APPROPRIATIONS.— Also, a major driver of the financial Park System, including North Cas- There is authorized to be appropriated difficulties that tweener hospitals face cades National Park, Redwood Na- $12,000,000 to carry out this section. Such is the fact that many have relatively tional Park and Point Reyes National sums shall remain available until expended. low volumes of inpatient admissions. Seashore. He also played a significant role in By Mr. GRASSLEY: Back when we passed the Medicare Pre- helping to draft the Wilderness Act, S. 3300. A bill to amend title XVIII of scription Drug, Improvement, and Mod- which has preserved much of the Sierra the Social Security Act to provide for ernization Act of 2003, I made sure that Nevada, including his favorite group temporary improvements to the Medi- this law included an add-on payment peaks, the Palisades. care inpatient hospital payment ad- for low volume rural hospitals. This Renaming the North Palisade peak justment for low-volume hospitals and bill would improve the existing low- ‘‘Brower Palisade’’ will be a lasting re- to provide for the use of the non-wage volume add-on payment for hospitals minder of David Brower’s leadership adjusted PPS rate under the Medicare- so that more rural facilities, both and invaluable contributions to the en- dependent hospital (MDH) program, Medicare Dependent Hospitals and Sole vironmental community for genera- and for other purposes; to the Com- Community Hospitals, with low vol- tions to come. mittee on Finance. umes would receive the assistance they desperately need. I encourage my colleagues to support Mr. GRASSLEY. Mr. President, I am the Brower Palisade Designation Act To offset the increases in spending pleased to introduce the Rural Hospital and join me in honoring the achieve- from these tweener hospital payment Act of 2008. Back in December, I stood ments of one of our most notable envi- improvements, this bill would address before this body explaining that we ronmental advocates, David Brower. another priority that we wanted to in- were only passing a 6-month Medicare Mr. President, I ask unanimous con- clude in a more comprehensive Medi- bill in order to provide the opportunity sent that the text of the bill be printed care bill. Many know my position re- for us to address a number of priorities. in the RECORD. One of the biggest priorities I identi- garding physician owned hospitals and There being no objection, the text of fied was the need to ensure access to my concern about the effect these fa- the bill was ordered to be printed in cilities have on health care access and rural hospital services. the RECORD, as follows: The type of rural hospitals that top costs as well as patient safety. There S. 3304 has been much debate regarding these the priority list are what are known as Be it enacted by the Senate and House of Rep- ‘‘tweeners.’’ These hospitals are too facilities over the years, especially resentatives of the United States of America in large to be critical access hospitals, with physician owned limited service Congress assembled, but too small to be financially viable hospitals. This bill would eliminate the SECTION 1. SHORT TITLE. under the Medicare hospital prospec- exceptions under the physician self-re- This Act may be cited as the ‘‘Brower Pali- tive payment systems. It is absolutely ferral laws for physician-owned hos- sade Designation Act’’. imperative that these tweener hos- pitals and provide a limited exception SEC. 2. FINDINGS. pitals get the assistance they need in for existing facilities. Congress finds that— order to keep their doors open. They As you can see, we still have much to (1) David Brower dedicated his life to envi- ronmental advocacy and was 1 of the most are often not only the sole provider of do when it comes to ensuring access to notable environmental stewards of the health care in rural areas but are also health care in rural America. I look United States; significant employers and purchasers forward to working with my colleagues (2) former Secretary of the Interior Stew- in the community. Also, the presence on this urgent matter. art Udall referred to David Brower as the

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7076 CONGRESSIONAL RECORD — SENATE July 22, 2008 ‘‘giant of 20th Century conservation in the out sufficient armor, without adequate disenfranchised by a procedural techni- United States’’; reinforcements, without a plan to win cality. In addition, the bill provides (3) David Brower was nominated for the the peace, and without adequate med- our veterans with information relating Nobel Peace Prize 3 times; ical care and other services to help to the opportunity to request an absen- (4) David Brower was named the first exec- tee ballot, ensure the ballots are avail- utive director of the Sierra Club, 1 of the them adapt to life upon their return. most prominent environmental and con- Given this President’s obsession with able upon request, as well as provide servation organizations in the United States; democracy taking root in the Middle assistance in completing them. (5) the efforts of David Brower led to the East, I would think that at a minimum It would also require a meaningful creation of many units of the National Park he would be equally concerned with opportunity for nonpartisan groups and System, including North Cascades National guaranteeing the right to vote to vet- election officials to provide voter reg- Park, Redwood National Park, and Point erans returning home after risking life istration information and assistance at Reyes National Seashore; and limb spreading that right to oth- VA hospitals. The Department was (6) the leadership of David Brower helped ers. Yet, his administration has done founded on the principle that its first protect the Grand Canyon National Park and just the opposite. Under this Presi- duty to veterans was to meet their Dinosaur National Monument; medical, social, and civic needs, includ- (7) David Brower played a important role dent’s watch, the Department of Vet- in drafting the Wilderness Act (16 U.S.C. 1131 eran Affairs has erected barriers to ing the full participation of veterans in et seq.), which has protected much of the Si- voter registration that impede vet- our society. As a corollary, this provi- erra Nevada; erans being treated in VA facilities sion will strengthen that mandate and (8) David Brower revolutionized rock- from participating in the political send an important message to our vet- climbing and mountaineering in the United process. erans: our country will make every ef- States and is credited with more than 70 first First, this administration’s Depart- fort to ensure that those who sacrificed ascents of Sierra Nevada peaks; ment of Veteran Affairs has shown lit- so much to expand democracy around (9) David Brower made the first winter as- the globe are involved in our democ- cent of North Palisade and the first ascent of tle interest in, or commitment to, as- sisting veterans in exercising the fun- racy at home. the Northwest Ridge of the peak; and Finally, to ensure that the Depart- (10) the Palisade group of peaks, on the damental right to vote. Since 2004, the ment does not backslide from its crit- border of Kings Canyon National Park and Department has often sided in Federal ical function of expanding the civic in- Inyo National Forest, was David Brower’s fa- court against allowing third-party or- volvement of disabled veterans, the bill vorite part of the Sierra Nevada. ganizations to conduct voter registra- also provides reporting requirements to SEC. 3. DESIGNATION OF BROWER PALISADE. tion drives at VA hospitals. Until this ensure that the Department complies (a) DESIGNATION.—The North Palisade, a past April, the Department’s national prominent peak in the Palisade group of with this important goal. peaks in the Sierra Nevada bordering Kings policy was silent on whether it could The Nation’s disabled veterans have Canyon National Park and the Inyo National assist disabled veterans access and given extraordinary service to our Forest in the State of California, shall be complete voter registration forms. In- country. These courageous men and known and designated as the ‘‘Brower Pali- deed, court findings appear to indicate women deserve our help to ensure that sade’’. that in some instances, the Depart- they receive the necessary assistance (b) REFERENCES.—Any reference in a law, ment may have even prohibited its own map, regulation, document, paper, or other to guarantee their full participation in staff from providing such assistance. our democracy. I look forward to Sen- record of the United States to the peak de- Second, although the Department scribed in subsection (a) shall be deemed to ate passage of the Veterans Voting be a reference to the Brower Palisade. has made recent strides to allow vet- Support Act, and I hope the House and erans more access to voter registration the President will act quickly on this By Mrs. FEINSTEIN (for herself, forms, it has not gone far enough. legislation to ensure the implementa- Mr. KERRY, Mr. REID, Mr. Three months ago, the Department tion of this important measure in time OBAMA, Mr. SCHUMER, Mr. issued a written directive’ requiring all for the upcoming national election. LEAHY, Mrs. CLINTON, Mrs. VA facilities to develop voter registra- f MURRAY, and Mr. WYDEN): tion plans that would assist patients in S. 3308. A bill to require the Sec- registering to vote. I applaud this ac- SUBMITTED RESOLUTIONS retary of Veterans Affairs to permit fa- tion as a positive first step. However, I cilities of the Department of Veterans am concerned that the new directive SENATE RESOLUTION 617—HON- Affairs to be designated as voter reg- stops short of mandating that VA fa- ORING THE LIFE AND RECOG- istration agencies, and for other pur- cilities affirmatively offer disabled vet- NIZING THE ACCOMPLISHMENTS poses; to the Committee on Rules and erans a chance to register to vote. To OF ERIC NORD, CO-FOUNDER OF Administration. paraphrase Paul Sullivan, the Execu- Mr. President, I am pleased to be an tive Director of Veterans for Common- THE NORDSON CORPORATION, IN- original cosponsor of the Veteran Vot- sense, the new directive only changed NOVATIVE BUSINESSMAN AND ENGINEER, AND GENEROUS OHIO ing Support Act, which Senator FEIN- the Department from being in active PHILANTHROPIST STEIN and Senator KERRY have intro- opposition to veterans’ voter registra- duced today. tion to passively supporting it. Mr. BROWN submitted the following This bill will address an issue of Third, and perhaps most troubling, resolution; which was referred to the great concern to me and to so many the new directive prohibits third-party Committee on the Judiciary. Americans: the rights of Americans organizations and state election offi- S. RES. 617 who fight to defend our values and free- cials from conducting nonpartisan Whereas Eric Nord, an Amherst, Ohio, na- doms abroad must have the full enjoy- voter registration drives among vet- tive was born on November 8, 1917; ment of those rights here at home. erans at VA facilities. I am concerned Whereas Eric Nord graduated from Am- This legislation responds to an an- that this ban will not only undermine herst High School in 1935 and received a nouncement by the Bush administra- the Department’s goal of assisting dis- bachelor of science in mechanical engineer- ing from the Case Institute of Technology, tion’s Department of Veterans Affairs abled veterans in registering and vot- now known as Case Western Reserve Univer- that it will ban non-partisan organiza- ing, but will also make it more dif- sity; tions and state election officials from ficult for these Americans to partici- Whereas Eric Nord co-founded Ohio-based conducting voter registration drives at pate in the political process. Nordson Corporation with his father and its facilities. The Veterans Voting Support Act brother; It is a sad commentary that in our would address these concerns. This im- Whereas Eric Nord served as President of great Nation, so many of our young portant measure would designate VA Nordson Corporation from 1954 to 1974, Chair- veterans who have been treated shame- facilities as voter registration agen- man and CEO from 1974 to 1983, Chairman of fully by their government when it sent cies, thereby ensuring that the Depart- the Board of Directors from 1983 to 1997, and Chairman Emeritus from 1997 to 2008; them into harm’s way under false pre- ment actively offers veterans the as- Whereas Eric Nord was awarded 25 United tenses are again mistreated after they sistance they need to vote and register States patents; return home. Our troops were sent to to vote. This provision would also pro- Whereas Eric Nord oversaw the early fight an unnecessary war in Iraq—with- tect disabled veterans from being growth of Nordson Corporation from a local

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7077 business with less than $1,000,000 in annual Omori, Lucy G. Onono, Evans K. Onsongo, terrorism, as demonstrated by Bahrain’s des- sales to a multinational corporation with an- Eric Onyango, Sellah Caroline Opati, Rachel ignation as a major ally outside of the North nual sales of $121,000,000; M. Pussy, Farhat M. Sheikh, Phaedra Atlantic Treaty Organization, the comple- Whereas Eric Nord’s creativity and vision Vrontamitis, Adams T. Wamai, Frederick M. tion of the United States-Bahrain Free Trade merited numerous honors and awards, in- Yafes; and Agreement in 2006, and the continued pres- cluding an honorary doctorate of science (3) the following contractors: Moses ence of United States forces in Bahrain; from Oberlin College and the Case Alumni Namayi and Josiah Odero Owuor; Whereas the strategic relationship between Association Gold Medal Award in recogni- Whereas 85 people were injured in the Dar the United States and Bahrain should not tion of outstanding technical innovation, es Salaam bombing, including 2 United prevent the United States from speaking successful business management, and dedi- States citizens and 5 Foreign Service Nation- honestly to the Government of Bahrain cated public service; als; about concerns regarding human rights Whereas Eric Nord established the Nord Whereas 1 Foreign Service National work- issues in a mutually respectful dialogue; and Family Foundation, the Nordson Corpora- ing at the Dar es Salaam embassy, Saidi Whereas numerous reports, including the tion Foundation, the Community Founda- Rogarth, is still listed by the Department of Department of State’s 2007 Country Report tion of Greater Lorain County, and the Eric State as missing; on Human Rights Practices in Bahrain, de- and Jane Nord Foundation; Whereas 11 people were killed in the Dar es tail potential shortcomings by the Govern- Whereas the charitable work of Eric Nord Salaam bombing, including— ment of Bahrain in the areas of human (1) Yusuf Ndange, a Foreign Service Na- contributed more than $100,000,000 to worthy rights and democracy, including— tional ; and causes; (2) the following contractors: (1) the use of torture and undue force Whereas Eric Nord was a strong advocate Abdulrahaman Abdalla, Paul E. Elisha, against political activists; for civil rights, fighting to establish fair Abdalla Mnyola, Abbas William Mwilla, (2) systematic discrimination by the Sunni housing practices for minorities in Oberlin, Bakari Nyumbu, Mtendeje Rajabu, government against the Shi’a majority, in- Ohio, during the 1960s; Ramadhani Mahundi, and Dotto Ramadhani; cluding forbidding Shi’a from joining the Whereas Eric Nord was a beloved member Whereas damage to both buildings was ex- military and discriminating against Shi’a in of the community, philanthropist, husband, tensive, rendering the facilities unusable; public sector employment; and father; Whereas the outpouring of aid and assist- (3) the denial, in practice, of the right to a Whereas Eric Nord was an advocate for ance from the people and Governments of fair trial; and education, the arts, and social services; and Kenya and Tanzania was widespread and (4) gerrymandering of political districts in Whereas Ohio has lost an exemplary cit- greatly appreciated by the people of the order to support favored candidates: Now, izen and innovator with the passing of Eric United States; therefore, be it Nord on June 19, 2008: Now, therefore, be it Whereas security guards at both embassies Resolved, That the Senate— Resolved, That the Senate honors the life acted bravely on the day of the bombings, (1) supports a constructive dialogue on and recognizes the accomplishments of Eric protecting the lives and property of citizens human rights issues as an integral part of Nord, a civic-minded business leader, com- of the United States, Kenya, and Tanzania; the bilateral agenda between the United passionate humanitarian, and dedicated fam- Whereas the United States embassies in States and Bahrain; ily man. both Nairobi and Dar es Salaam have been (2) expresses support for efforts to promote f rebuilt; human rights, democracy, and the rule of Whereas the United States Government is law in Bahrain; and SENATE RESOLUTION 618—RECOG- partnering with the people and Governments (3) calls upon the President and the Sec- NIZING THE TENTH ANNIVER- of Kenya and Tanzania to help both coun- retary of State to aid in those efforts. SARY OF THE BOMBING OF THE tries obtain a more democratic future; f UNITED STATES EMBASSIES IN Whereas 12 of the suspects indicted in the NAIROBI, KENYA AND DAR ES case have either been killed, captured, or are SENATE CONCURRENT RESOLU- SALAAM, TANZANIA, AND MEMO- serving life sentences without parole; and TION 94—RECOGNIZING THE 60TH RIALIZING THE CITIZENS OF THE Whereas the United States Government ANNIVERSARY OF THE INTEGRA- continues to search for the remaining sus- UNITED STATES, KENYA, AND pects, including Osama bin Laden: Now, TION OF THE UNITED STATES TANZANIA WHOSE LIVES WERE therefore, be it ARMED FORCES CLAIMED AS A RESULT OF THE Resolved, That the Senate— Mr. BROWN (for himself, Mr. LEVIN, (1) recognizes the historic significance of AL QAEDA LED TERRORIST AT- Mr. KENNEDY, and Mr. OBAMA) sub- TACKS the tenth anniversary of the al Qaeda bomb- ings of the United States embassies in mitted the following concurrent resolu- Mr. LUGAR (for himself and Mr. Nairobi, Kenya and Dar es Salaam, Tan- tion, which was considered and agreed BIDEN) submitted the following resolu- zania; to: tion; which was referred to the Com- (2) mourns the loss of those who lost their S. CON. RES. 94 mittee on Foreign Relations: lives in these tragic and senseless attacks, Whereas service members representing a especially those who were employed by the S. RES. 618 wide diversity of races and nationalities embassies; have fought in every war in the history of Whereas on August 7, 1998, the al Qaeda (3) remembers the families and colleagues the United States; terrorist group, led by Osama bin Laden, or- of the victims whose lives have been forever Whereas, on July 26, 1948, President Harry ganized nearly simultaneous vehicular changed by the loss endured on August 7, Truman signed Executive Order 9981, order- bombing attacks on the United States em- 1998; ing the racial integration of the Armed bassies in Nairobi and Dar es Salaam; (4) expresses its deepest gratitude to the Forces; Whereas approximately 4,000 people were people of Kenya and Tanzania for their gra- Whereas President Truman declared that injured in the Nairobi bombing, including 14 cious contributions and assistance following there should be equality of treatment and United States citizens, 13 Foreign Service these attacks; opportunity for all persons in the Armed Nationals, and 2 contractors; (5) reaffirms its support for the people of Whereas 213 people were killed in the Kenya and Tanzania in striving for future Forces, without regard to race, color, reli- bombing in Nairobi, including victims who opportunity, democracy, and prosperity; and gion, or national origin; were employees of the United States Govern- (6) reaffirms its resolve to defeat al Qaeda Whereas the United States could not main- ment, or were family members of employees and other terrorist organizations. tain an all-volunteer force without the serv- of the United States Government, namely— ice of, and critical role played by, service (1) the following United States citizens: f members representing a wide diversity of Nathan Aliganga, Julian Bartley, Sr., Julian SENATE RESOLUTION 619—EX- races and nationalities; Bartley, Jr., Jean Dalizu, Molly Hardy, Ken- PRESSING SUPPORT FOR A CON- Whereas service member diversity brings a neth Hobson, Prabhi Kavaler, Arlene Kirk, STRUCTIVE DIALOGUE ON unique perspective and experience to the Dr. Mary Louise Martin, Michelle O’Connor, Armed Forces; Sherry Olds, and Uttamlal (Tom) Shah; HUMAN RIGHTS ISSUES BE- Whereas the Armed Forces led the way in (2) the following Foreign Service Nation- TWEEN THE UNITED STATES social integration prior to the signal als: Chrispin W. Bonyo, Lawrence A. Gitau, AND BAHRAIN achievement of the legal victory in the Su- Hindu O. Idi, Tony Irungu, Geoffrey Kalio, G. Mr. SESSIONS (for himself and Mr. preme Court decision of Brown v. Board of Joel Kamau, Lucy N. Karigi, Francis M. COLEMAN) submitted the following res- Education, 347 U.S. 483 (1954), which rejected Kibe, Joe Kiongo, Dominic Kithuva, Peter K. olution; which was referred to the separate white and colored schools; Macharia, Francis W. Maina, Cecelia Whereas the Armed Forces led the way in Mamboleo, Lydia M. Mayaka, Francis Committee on Foreign Relations: social integration prior to the passage of the Mbugua Ndungu, Kimeu N. Nganga, Francis S. RES. 619 Civil Rights Act of 1964, which banned dis- Mbogo Njunge, Vincent Nyoike, Francis Whereas Bahrain is a friend of the United crimination in employment practices and Olewe Ochilo, Maurice Okach, Edwin A.O. States and a critical partner in the war on public accommodations, the Voting Rights

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7078 CONGRESSIONAL RECORD — SENATE July 22, 2008 Act of 1965, which restored and protected The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without voting rights, and the Civil Rights Act of objection, it is so ordered. objection, it is so ordered. 1968, which banned discrimination in the sale COMMITTEE ON FINANCE f or rental of housing; Whereas the integration of the Armed Ms. MIKULSKI. Mr. President, I ask RECOGNIZING THE 60TH ANNIVER- Forces enhanced the combat effectiveness of unanimous consent that the Com- SARY OF INTEGRATION OF THE the military 60 years ago, and that still mittee on Finance be authorized to U.S. ARMED FORCES holds true to the current day; meet during the session of the Senate Mr. SCHUMER. Mr. President, I ask Whereas the efforts of the Armed Forces to on Tuesday, July 22, 2008, at 10 a.m., in unanimous consent that the Senate ensure equality of treatment and oppor- room 215 of the Dirksen Senate Office proceed to the immediate consider- tunity for their personnel significantly as- Building. sisted in the advancement of that goal for all ation of S. Con. Res. 94 submitted ear- The PRESIDING OFFICER. Without Americans; and lier today by Senator BROWN. Whereas, in 2008, members representing a objection, it is so ordered. The ACTING PRESIDENT pro tem- wide diversity of races and nationalities COMMITTEE ON HOMELAND SECURITY AND pore. The clerk will report. serve in senior leadership positions through- GOVERNMENTAL AFFAIRS The legislative clerk read as follows: out the Armed Forces, as commissioned and Ms. MIKULSKI. Mr. President, I ask A concurrent resolution (S. Con. Res. 94) warrant officers, as senior noncommissioned unanimous consent that the Com- recognizing the 60th anniversary of the inte- officers, and as civilian leaders: Now, there- mittee on Homeland Security and Gov- gration of the U.S. Armed Forces. fore, be it Resolved by the Senate (the House of Rep- ernmental Affairs be authorized to There being no objection, the Senate resentatives concurring), That Congress— meet during the session of the Senate proceeded to consider the concurrent (1) recognizes the historic significance of on Tuesday, July 22, 2008, at 9:30 a.m.to resolution. the 60th anniversary of the integration of the conduct a hearing entitled ‘‘Energy Se- Mr. SCHUMER. Mr. President, I ask Armed Forces of the United States; curity: An American Imperative.’’ unanimous consent that the concur- (2) reaffirms the commitment of the Fed- THE PRESIDING OFFICER. Without rent resolution be agreed to, the pre- eral Government to ensuring diversity in the objection, it is so ordered. amble be agreed to, the motions to re- military; and SELECT COMMITTEE ON INTELLIGENCE consider be laid upon the table, with no (3) commends African-Americans, His- intervening action or debate, and that Ms. MIKULSKI. Mr. President, I ask panics, Asian-Americans, Native Americans, any statements relating to the meas- and service members of all races and nation- unanimous consent that the Select ure be printed in the RECORD at the ap- alities for their remarkable achievements, Committee on Intelligence be author- propriate place, as if read. sacrifices, and contributions to our Armed ized to meet during the session of the Forces in all conflicts in United States his- The ACTING PRESIDENT pro tem- Senate on July 22, 2008, at 2:30 p.m. pore. Without objection, it is so or- tory in the face of discrimination, hostility, The PRESIDING OFFICER. Without and other obstacles. dered. objection, it is so ordered. The concurrent resolution (S. Con. f SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Res. 94) was agreed to. NOTICE OF HEARING MANAGEMENT, THE FEDERAL WORKFORCE, The preamble was agreed to. AND THE DISTRICT OF COLUMBIA The concurrent resolution, with its COMMITTEE ON ENERGY AND NATURAL Ms. MIKULSKI. Mr. President, I ask preamble, reads as follows: RESOURCES unanimous consent that the Com- S. CON. RES. 94 Mr. BINGAMAN. Mr. President, I mittee on Homeland Security and Gov- would like to announce for the infor- Whereas service members representing a ernmental Affairs’ Subcommittee on wide diversity of races and nationalities mation of the Senate and the public Oversight of Government Management, have fought in every war in the history of the hearing previously scheduled be- the Federal Workforce, and the Dis- the United States; fore the Senate Committee on Energy trict of Columbia be authorized to Whereas, on July 26, 1948, President Harry and Natural Resources on Thursday, meet during the session of the Senate Truman signed Executive Order 9981, order- July 24, 2008, at 10 a.m., in room SD–366 ing the racial integration of the Armed on Tuesday, July 22, 2008, at 2:00 p.m. Forces; of the Dirksen Senate Office Building to conduct a hearing entitled, ‘‘Improv- has been canceled. Whereas President Truman declared that ing Performance: A Review of Pay-for- there should be equality of treatment and The purpose of the hearing was to Performance Systems in the Federal opportunity for all persons in the Armed discuss current policy related to the Government.’’ Forces, without regard to race, color, reli- Strategic Petroleum Reserve. The PRESIDING OFFICER. Without gion, or national origin; For further information, please con- objection, it is so ordered. Whereas the United States could not main- tact Tara Billingsley at (202) 224–4756 or tain an all-volunteer force without the serv- Rosemarie Calabro at (202) 224–5039. f ice of, and critical role played by, service members representing a wide diversity of f PRIVILEGES OF THE FLOOR races and nationalities; Mr. BINGAMAN. Mr. President, I ask Whereas service member diversity brings a AUTHORITY FOR COMMITTEES TO unique perspective and experience to the MEET unanimous consent that Winoka Begay, Max von Bargen, Zach Manning, Armed Forces; COMMITTEE ON ARMED SERVICES Erin Griffin, Matt Padilla, Meaghan Whereas the Armed Forces led the way in Ms. MIKULSKI. Mr. President, I ask social integration prior to the signal Stern, Byron Hurlbut, and Jessica achievement of the legal victory in the Su- unanimous consent that the Com- Jaramillo, who are interns in my office preme Court decision of Brown v. Board of mittee on Armed Services be author- and in the Energy and Natural Re- Education, 347 U.S. 483 (1954), which rejected ized to meet during the session of the sources Committee, be permitted the separate white and colored schools; Senate on Tuesday, July 22, 2008, at 9:30 privileges of the floor today. Whereas the Armed Forces led the way in a.m. The ACTING PRESIDENT pro tem- social integration prior to the passage of the The PRESIDING OFFICER. Without pore. Without objection, it is so or- Civil Rights Act of 1964, which banned dis- objection, it is so ordered. dered. crimination in employment practices and public accommodations, the Voting Rights COMMITTEE ON ENVIRONMENT AND PUBLIC Mr. CHAMBLISS. Mr. President, I Act of 1965, which restored and protected WORKS ask unanimous consent that Andrew voting rights, and the Civil Rights Act of Ms. MIKULSKI. Mr. President, I ask Kinard, a fellow in Senator GRAHAM’s 1968, which banned discrimination in the sale unanimous consent that the Com- office, be granted floor privileges for or rental of housing; mittee on Environment and Public the remainder of this Congress. Whereas the integration of the Armed Works be authorized to meet during The PRESIDING OFFICER. Without Forces enhanced the combat effectiveness of the session of the Senate on Tuesday, objection, it is so ordered. the military 60 years ago, and that still July 22, 2008 at 10 a.m. in room 406 of Mr. MENENDEZ. Mr. President, I ask holds true to the current day; Whereas the efforts of the Armed Forces to the Dirksen Senate Office Building to unanimous consent that John Veysey, ensure equality of treatment and oppor- hold a hearing entitled, ‘‘An Update on a congressional fellow in my office, be tunity for their personnel significantly as- the Science of Global Warming and its granted privileges of the floor for the sisted in the advancement of that goal for all Implications.’’ duration of debate on S. 3268. Americans; and

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7079 Whereas, in 2008, members representing a lowed to stand on their merits, and the date of the enactment of this subsection, wide diversity of races and nationalities that they are not nullified by a poten- held office pursuant to an appointment by serve in senior leadership positions through- tial constitutional challenge to the ap- the Director to take effect on the date on out the Armed Forces, as commissioned and pointment process somewhere down the which the Director initially appointed the warrant officers, as senior noncommissioned administrative trademark judge. officers, and as civilian leaders: Now, there- line. By making this small change to ‘‘(d) DEFENSE TO CHALLENGE OF APPOINT- fore, be it the existing law, Congress can leave no MENT.—It shall be a defense to a challenge to Resolved by the Senate (the House of Rep- doubt that the appointment of these the appointment of an administrative trade- resentatives concurring), That Congress— judges complies fully with the process mark judge on the basis of the judge’s having (1) recognizes the historic significance of set out by the Constitution. been originally appointed by the Director the 60th anniversary of the integration of the I am pleased that the Senate will that the administrative trademark judge so Armed Forces of the United States; adopt this measure today, and I hope appointed was acting as a de facto officer.’’. (2) reaffirms the commitment of the Fed- f eral Government to ensuring diversity in the that the House of Representatives will military; and quickly take it up and pass it so that it TOM LANTOS BLOCK BURMESE (3) commends African-Americans, His- can be sent to the President for his sig- JADE (JUNTA’S ANTI-DEMO- panics, Asian-Americans, Native Americans, nature without delay. CRATIC EFFORTS) ACT OF 2008 and service members of all races and nation- Mr. BROWN. Mr. President I ask alities for their remarkable achievements, unanimous consent that the bill be Mr. BROWN. Mr. President, I ask the sacrifices, and contributions to our Armed read the third time, and passed, the Chair to now lay before the Senate a Forces in all conflicts in United States his- motion to reconsider be laid upon the House message to accompany H.R. 3890. tory in the face of discrimination, hostility, table, with no intervening action or de- The PRESIDING OFFICER laid be- and other obstacles. bate, and any statements related to the fore the Senate the following message: f bill be printed in the RECORD. H.R. 3890 STAR PRINT—S. 3268 The PRESIDING OFFICER. Without Resolved, That the House agree to the objection, it is so ordered. amendment of the Senate to the text of the Mr. BROWN. Mr. President, I ask bill (H.R. 3890) entitled ‘‘An Act to amend unanimous consent that S. 3268, the The bill (S. 3295) was ordered to be engrossed for a third reading, was read the Burmese Freedom and Democracy Act of Stop Excessive Energy Speculation Act 2003 to impose import sanctions on Burmese of 2008, be star printed with the the third time, and passed, as follows: gemstones, expand the number of individuals changes at the desk. S. 3295 against whom the visa ban is applicable, ex- The PRESIDING OFFICER. Without Be it enacted by the Senate and House of Rep- pand the blocking of assets and other prohib- objection, it is so ordered. resentatives of the United States of America in ited activities, and for other purposes’’, with Congress assembled, the following House amendments to Senate f SECTION 1. APPOINTMENT OF ADMINISTRATIVE amendments: TRADEMARK ACT OF 1946 ACT PATENT JUDGES AND ADMINISTRA- In lieu of the matter proposed to be in- AMENDMENTS TIVE TRADEMARK JUDGES. serted by the amendment of the Senate to (a) ADMINISTRATIVE PATENT JUDGES.—Sec- the text of the bill, insert the following: Mr. BROWN. Mr. President, I ask tion 6 of title 35, United States Code, is SECTION 1. SHORT TITLE. unanimous consent that the Judiciary amended— This Act may be cited as the ‘‘Tom Lantos Committee be discharged from further (1) in subsection (a)— Block Burmese JADE (Junta’s Anti-Democratic consideration of S. 3295, and the Senate (A) in the second sentence, by striking Efforts) Act of 2008’’. proceed to its immediate consider- ‘‘Deputy Commissioner’’ and inserting ‘‘Dep- ation. uty Director’’; and SEC. 2. FINDINGS. The PRESIDING OFFICER. Without (B) in the last sentence, by striking ‘‘Di- Congress makes the following findings: (1) Beginning on August 19, 2007, hundreds of objection, it is so ordered. The clerk rector’’ and inserting ‘‘Secretary of Com- merce, in consultation with the Director’’; thousands of citizens of Burma, including thou- will state the bill by title. sands of Buddhist monks and students, partici- The legislative clerk read as follows: and (C) by adding at the end the following: pated in peaceful demonstrations against rap- A bill (S. 3295) to amend title 35, United ‘‘(c) AUTHORITY OF THE SECRETARY.—The idly deteriorating living conditions and the vio- States Code, and the Trademark Act of 1946 Secretary of Commerce may, in his or her lent and repressive policies of the State Peace to provide that the Secretary of Commerce, discretion, deem the appointment of an ad- and Development Council (SPDC), the ruling in consultation with the Director of the ministrative patent judge who, before the military regime in Burma— United States Patent and Trademark Office, date of the enactment of this subsection, (A) to demand the release of all political pris- shall appoint administrative patent judges held office pursuant to an appointment by oners, including 1991 Nobel Peace Prize winner and administrative trademark judges, and the Director to take effect on the date on Aung San Suu Kyi; and for other purposes. which the Director initially appointed the (B) to urge the regime to engage in meaning- There being no objection, the Senate administrative patent judge. ful dialogue to pursue national reconciliation. proceeded to consider the bill. ‘‘(d) DEFENSE TO CHALLENGE OF APPOINT- (2) The Burmese regime responded to these Mr. LEAHY. Mr. President, I am MENT.—It shall be a defense to a challenge to peaceful protests with a violent crackdown lead- pleased that the Senate is considering the appointment of an administrative patent ing to the reported killing of approximately 200 legislation today that will leave no judge on the basis of the judge’s having been people, including a Japanese photojournalist, doubt about the constitutional pro- originally appointed by the Director that the and hundreds of injuries. Human rights groups further estimate that over 2,000 individuals have priety of the appointment of adminis- administrative patent judge so appointed was acting as a de facto officer.’’. been detained, arrested, imprisoned, beaten, tor- trative patent judges and administra- (b) ADMINISTRATIVE TRADEMARK JUDGES.— tured, or otherwise intimidated as part of this tive trademark judges within the Pat- Section 17 of the Act entitled ‘‘An Act to crackdown. Burmese military, police, and their ent and Trademark Office. I thank my provide for the registration and protection of affiliates in the Union Solidarity Development cosponsor, Senator SPECTER, for his trademarks used in commerce, to carry out Association (USDA) perpetrated almost all of work with me on this. These judges are the provisions of certain international con- these abuses. The Burmese regime continues to currently appointed to their positions ventions, and for other purposes’’, approved detain, torture, and otherwise intimidate those by the Director of the PTO. Our bill July 5, 1946 (commonly referred to as the individuals whom it believes participated in or ‘‘Trademark Act of 1946’’; 15 U.S.C. 1067), is led the protests and it has closed down or other- will change this process, so that the amended— wise limited access to several monasteries and Secretary of Commerce, in consulta- (1) in subsection (b)— temples that played key roles in the peaceful tion with the Director of the PTO, will (A) by inserting ‘‘Deputy Director of the protests. appoint these judges, thus bringing the United States Patent and Trademark Of- (3) The Department of State’s 2006 Country process more clearly in line with the fice’’, after ‘‘Director,’’; and Reports on Human Rights Practices found that appointments clause of the Constitu- (B) by striking ‘‘appointed by the Direc- the SPDC— tion. This legislation will also allow tor’’ and inserting ‘‘appointed by the Sec- (A) routinely restricts freedoms of speech, the Secretary of Commerce to ratify retary of Commerce, in consultation with press, assembly, association, religion, and move- the Director’’; and ment; the appointment of the current judges. (2) by adding at the end the following: (B) traffics in persons; A companion bill was introduced in the ‘‘(c) AUTHORITY OF THE SECRETARY.—The (C) discriminates against women and ethnic House. Secretary of Commerce may, in his or her minorities; It is important to ensure that the de- discretion, deem the appointment of an ad- (D) forcibly recruits child soldiers and child cisions made by these judges are al- ministrative trademark judge who, before labor; and

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 6333 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7080 CONGRESSIONAL RECORD — SENATE July 22, 2008 (E) commits other serious violations of human Myanmar Oil and Gas Enterprise. Virtually all cluding foreign branches), or any person in the rights, including extrajudicial killings, custodial profits from these enterprises enrich the SPDC. United States. deaths, disappearances, rape, torture, abuse of (11) On October 11, 2007, the United Nations SEC. 4. STATEMENT OF POLICY. prisoners and detainees, and the imprisonment Security Council, with the consent of the Peo- It is the policy of the United States to— of citizens arbitrarily for political motives. ple’s Republic of China, issued a statement con- (1) condemn the continued repression carried (4) Aung San Suu Kyi has been arbitrarily im- demning the violence in Burma, urging the re- out by the SPDC; prisoned or held under house arrest for more lease of all political prisoners, and calling on (2) work with the international community, than 12 years. the SPDC to enter into a United Nations-medi- especially the People’s Republic of China, India, (5) In October 2007, President Bush an- ated dialogue with its political opposition. Thailand, and ASEAN, to foster support for the nounced a new Executive Order to tighten eco- (12) The United Nations special envoy Ibrahim legitimate democratic aspirations of the people nomic sanctions against Burma and block prop- Gambari traveled to Burma from September 29, of Burma and to coordinate efforts to impose erty and travel to the United States by certain 2007, through October 2, 2007, holding meetings sanctions on those directly responsible for senior leaders of the SPDC, individuals who with SPDC leader General Than Shwe and de- human rights abuses in Burma; provide financial backing for the SPDC, and in- mocracy advocate Aung San Suu Kyi in an ef- (3) provide all appropriate support and assist- dividuals responsible for human rights viola- fort to promote dialogue between the SPDC and ance to aid a peaceful transition to constitu- tions and impeding democracy in Burma. Addi- democracy advocates. tional democracy in Burma; tional names were added in updates done on Oc- (13) The leaders of the SPDC will have a (4) support international efforts to alleviate tober 19, 2007, and February 5, 2008. However, greater incentive to cooperate with diplomatic the suffering of Burmese refugees and address only 38 discrete individuals and 13 discrete com- efforts by the United Nations, the Association of the urgent humanitarian needs of the Burmese panies have been designated under those sanc- Southeast Asian Nations, and the People’s Re- people; and tions, once aliases and companies with similar public of China if they come under targeted eco- (5) identify individuals responsible for the re- names were removed. By contrast, the Aus- nomic pressure that denies them access to per- pression of peaceful political activity in Burma tralian Government identified more than 400 in- sonal wealth and sources of revenue. and hold them accountable for their actions. dividuals and entities subject to its sanctions (14) On the night of May 2, 2008, through the SEC. 5. SANCTIONS. applied in the wake of the 2007 violence. The morning of May 3, 2008, tropical cyclone Nargis (a) VISA BAN.— European Union’s regulations to implement struck the coast of Burma, resulting in the sanctions against Burma have identified more (1) IN GENERAL.—The following persons shall deaths of tens of thousands of Burmese. be ineligible for a visa to travel to the United than 400 individuals among the leadership of (15) The response to the cyclone by Burma’s government, the military, and the USDA, along States: military leaders illustrates their fundamental (A) Former and present leaders of the SPDC, with nearly 1300 state and military-run compa- lack of concern for the welfare of the Burmese nies potentially subject to its sanctions. the Burmese military, or the USDA. people. The regime did little to warn citizens of (B) Officials of the SPDC, the Burmese mili- (6) The Burmese regime and its supporters fi- the cyclone, did not provide adequate humani- nance their ongoing violations of human rights, tary, or the USDA involved in the repression of tarian assistance to address basic needs and peaceful political activity or in other gross vio- undemocratic policies, and military activities in prevent loss of life, and continues to fail to pro- part through financial transactions, travel, and lations of human rights in Burma or in the com- vide life-protecting and life-sustaining services mission of other human rights abuses, including trade involving the United States, including the to its people. sale of petroleum products, gemstones and hard- any current or former officials of the security (16) The international community responded services and judicial institutions of the SPDC. woods. immediately to the cyclone and attempted to (7) In 2006, the Burmese regime earned more (C) Any other Burmese persons who provide provide humanitarian assistance. More than 30 than $500 million from oil and gas projects, over substantial economic and political support for disaster assessment teams from 18 different na- $500 million from sale of hardwoods, and in ex- the SPDC, the Burmese military, or the USDA. tions and the United Nations arrived in the re- cess of $300 million from the sale of rubies and (D) The immediate family members of any per- gion, but the Burmese regime denied them per- jade. At least $500 million of the $2.16 billion son described in subparagraphs (A) through (C). mission to enter the country. Eventually visas earned in 2006 from Burma’s two natural gas (2) WAIVER.—The President may waive the were granted to aid workers, but the regime con- pipelines, one of which is 28 percent owned by visa ban described in paragraph (1) only if the tinues to severely limit their ability to provide a United States company, went to the Burmese President determines and certifies in writing to assistance in the affected areas. regime. The regime has earned smaller amounts Congress that travel by the person seeking such (17) Despite the devastation caused by Cy- from oil and gas exploration and non-oper- a waiver is in the national interests of the clone Nargis, the junta went ahead with its ref- ational pipelines but United States investors are United States. erendum on a constitution drafted by an illegit- not involved in those transactions. Industry (3) RULE OF CONSTRUCTION.—Nothing in this imate assembly, conducting voting in unaffected sources estimate that over $100 million annually subsection shall be construed to conflict with areas on May 10, 2008, and in portions of the af- in Burmese rubies and jade enters the United the provisions of section 694 of the Consolidated fected Irrawaddy region and Rangoon on May States. Burma’s official statistics report that Appropriations Act, 2008 (Public Law 110–161), 26, 2008. Burma exported $500 million in hardwoods in nor shall this subsection be construed to make 2006 but NGOs estimate the true figure to exceed SEC. 3. DEFINITIONS. ineligible for a visa members of ethnic groups in $900 million. Reliable statistics on the amount of In this Act: Burma now or previously opposed to the regime hardwoods imported into the United States from (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY- who were forced to provide labor or other sup- Burma in the form of finished products are not ABLE-THROUGH ACCOUNT.—The terms ‘‘ac- port to the Burmese military and who are other- available, in part due to widespread illegal log- count’’, ‘‘correspondent account’’, and ‘‘pay- wise eligible for admission into the United ging and smuggling. able-through account’’ have the meanings given States. (8) The SPDC seeks to evade the sanctions im- the terms in section 5318A(e)(1) of title 31, (b) FINANCIAL SANCTIONS.— posed in the Burmese Freedom and Democracy United States Code. (1) BLOCKED PROPERTY.—No property or inter- Act of 2003. Millions of dollars in gemstones that (2) APPROPRIATE CONGRESSIONAL COMMIT- est in property belonging to a person described are exported from Burma ultimately enter the TEES.—The term ‘‘appropriate congressional in subsection (a)(1) may be transferred, paid, ex- United States, but the Burmese regime attempts committees’’ means— ported, withdrawn, or otherwise dealt with if— to conceal the origin of the gemstones in an ef- (A) the Committee on Foreign Relations of the (A) the property is located in the United fort to evade sanctions. For example, according Senate; States or within the possession or control of a to gem industry experts, over 90 percent of the (B) the Committee on Finance of the Senate; United States person, including the overseas world’s ruby supply originates in Burma but (C) the Committee on Foreign Affairs of the branch of a United States person; or only 3 percent of the rubies entering the United House of Representatives; and (B) the property comes into the possession or States are claimed to be of Burmese origin. The (D) the Committee on Ways and Means of the control of a United States person after the date value of Burmese gemstones is predominantly House of Representatives. of the enactment of this Act. based on their original quality and geological (3) ASEAN.—The term ‘‘ASEAN’’ means the (2) FINANCIAL TRANSACTIONS.—Except with re- origin, rather than the labor involved in cutting Association of Southeast Asian Nations. spect to transactions authorized under Execu- and polishing the gemstones. (4) PERSON.—The term ‘‘person’’ means— tive Orders 13047 (May 20, 1997) and 13310 (July (9) According to hardwood industry experts, (A) an individual, corporation, company, 28, 2003), no United States person may engage in Burma is home to approximately 60 percent of business association, partnership, society, trust, a financial transaction with the SPDC or with the world’s native teak reserves. More than 1⁄4 of any other nongovernmental entity, organiza- a person described in subsection (a)(1). the world’s internationally traded teak origi- tion, or group; and (3) PROHIBITED ACTIVITIES.—Activities prohib- nates from Burma, and hardwood sales, mainly (B) any successor, subunit, or subsidiary of ited by reason of the blocking of property and of teak, represent more than 11 percent of Bur- any person described in subparagraph (A). financial transactions under this subsection ma’s official foreign exchange earnings. (5) SPDC.—The term ‘‘SPDC’’ means the State shall include the following: (10) The SPDC owns a majority stake in vir- Peace and Development Council, the ruling mili- (A) Payments or transfers of any property, or tually all enterprises responsible for the extrac- tary regime in Burma. any transactions involving the transfer of any- tion and trade of Burmese natural resources, in- (6) UNITED STATES PERSON.—The term ‘‘United thing of economic value by any United States cluding all mining operations, the Myanmar States person’’ means any United States citizen, person, including any United States financial Timber Enterprise, the Myanmar Gems Enter- permanent resident alien, juridical person orga- institution and any branch or office of such fi- prise, the Myanmar Pearl Enterprise, and the nized under the laws of the United States (in- nancial institution that is located outside the

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United States, to the SPDC or to an individual (2) REGULATORY EXCEPTIONS.—For the fol- ‘‘(B) RUBIES.—The term ‘rubies’ means any described in subsection (a)(1). lowing purposes, the Secretary of State may, by rubies classifiable under heading 7103 of the (B) The export or reexport directly or indi- regulation, authorize exceptions to the prohibi- HTS. rectly, of any goods, technology, or services by tion and restrictions described in subsection (a), ‘‘(C) ARTICLES OF JEWELRY CONTAINING a United States person to the SPDC, to an indi- and the Secretary of the Treasury may, by regu- JADEITE OR RUBIES.—The term ‘articles of jew- vidual described in subsection (a)(1) or to any lation, authorize exceptions to the prohibitions elry containing jadeite or rubies’ means— entity owned, controlled, or operated by the and restrictions described in subsections (b) and ‘‘(i) any article of jewelry classifiable under SPDC or by an individual described in such sub- (c)— heading 7113 of the HTS that contains jadeite or section. (A) to permit the United States and Burma to rubies; or (c) AUTHORITY FOR ADDITIONAL BANKING operate their diplomatic missions, and to permit ‘‘(ii) any article of jadeite or rubies classifi- SANCTIONS.— the United States to conduct other official able under heading 7116 of the HTS. (1) IN GENERAL.—The Secretary of the Treas- United States Government business in Burma; ‘‘(5) UNITED STATES.—The term ‘United ury, in consultation with the Secretary of State, (B) to permit United States citizens to visit States’, when used in the geographic sense, the Attorney General of the United States, and Burma; and means the several States, the District of Colum- the Chairman of the Board of Governors of the (C) to permit the United States to comply with bia, and any commonwealth, territory, or pos- Federal Reserve System, may prohibit or impose the United Nations Headquarters Agreement session of the United States. conditions on the opening or maintaining in the and other applicable international agreements. ‘‘(b) PROHIBITION ON IMPORTATION OF BUR- United States of a correspondent account or (g) PENALTIES.—Any person who violates any MESE COVERED ARTICLES.— payable-through account by any financial insti- prohibition or restriction imposed pursuant to ‘‘(1) IN GENERAL.—Notwithstanding any other tution (as that term is defined in section 5312 of subsection (b) or (c) shall be subject to the pen- provision of law, until such time as the Presi- title 31, United States Code) or financial agency alties under section 6 of the International Emer- dent determines and certifies to the appropriate that is organized under the laws of a State, ter- gency Economic Powers Act (50 U.S.C. 1705) to congressional committees that Burma has met ritory, or possession of the United States, for or the same extent as for a violation under that the conditions described in section 3(a)(3), be- on behalf of a foreign banking institution, if the Act. ginning 60 days after the date of the enactment Secretary determines that the account might be (h) TERMINATION OF SANCTIONS.—The sanc- of the Tom Lantos Block Burmese JADE (Jun- used— tions imposed under subsection (a), (b), or (c) ta’s Anti-Democratic Efforts) Act of 2008, the (A) by a foreign banking institution that shall apply until the President determines and President shall prohibit the importation into the holds property or an interest in property belong- certifies to the appropriate congressional com- United States of any Burmese covered article. ing to the SPDC or a person described in sub- mittees that the SPDC has— ‘‘(2) REGULATORY AUTHORITY.—The President section (a)(1); or (1) unconditionally released all political pris- is authorized to, and shall as necessary, issue (B) to conduct a transaction on behalf of the oners, including Aung San Suu Kyi and other such proclamations, regulations, licenses, and SPDC or a person described in subsection (a)(1). members of the National League for Democracy; orders, and conduct such investigations, as may (2) AUTHORITY TO DEFINE TERMS.—The Sec- (2) entered into a substantive dialogue with be necessary to implement the prohibition under retary of the Treasury may, by regulation, fur- democratic forces led by the National League for paragraph (1). ther define the terms used in paragraph (1) for Democracy and the ethnic minorities of Burma ‘‘(3) OTHER ACTIONS.—Beginning on the date purposes of this section, as the Secretary con- on transitioning to democratic government of the enactment of this Act, the President shall siders appropriate. under the rule of law; and take all appropriate actions to seek the fol- (d) LIST OF SANCTIONED OFFICIALS.— (3) allowed humanitarian access to popu- lowing: (1) IN GENERAL.—Not later than 120 days after lations affected by armed conflict in all regions ‘‘(A) The issuance of a draft waiver decision the date of the enactment of this Act, the Presi- of Burma. by the Council for Trade in Goods of the World dent shall transmit to the appropriate congres- (i) WAIVER.—The President may waive the Trade Organization granting a waiver of the sional committees a list of— sanctions described in subsections (b) and (c) if applicable obligations of the United States (A) former and present leaders of the SPDC, the President determines and certifies to the ap- under the World Trade Organization with re- the Burmese military, and the USDA; propriate congressional committees that such spect to the provisions of this section and any (B) officials of the SPDC, the Burmese mili- waiver is in the national interest of the United tary, or the USDA involved in the repression of measures taken to implement this section. States. ‘‘(B) The adoption of a resolution by the peaceful political activity in Burma or in the SEC. 6. AMENDMENTS TO THE BURMESE FREE- United Nations General Assembly expressing the commission of other human rights abuses, in- DOM AND DEMOCRACY ACT OF 2003. need to address trade in Burmese covered arti- cluding any current or former officials of the se- (a) IN GENERAL.—The Burmese Freedom and cles and calling for the creation and implemen- curity services and judicial institutions of the Democracy Act of 2003 (Public Law 108–61; 50 tation of a workable certification scheme for SPDC; U.S.C. 1701 note) is amended by inserting after (C) any other Burmese persons or entities who non-Burmese covered articles to prevent the section 3 the following new section: provide substantial economic and political sup- trade in Burmese covered articles. port for the SPDC, the Burmese military, or the ‘‘SEC. 3A. PROHIBITION ON IMPORTATION OF ‘‘(c) REQUIREMENTS FOR IMPORTATION OF JADEITE AND RUBIES FROM BURMA NON-BURMESE COVERED ARTICLES.— USDA; and AND ARTICLES OF JEWELRY CON- (D) the immediate family members of any per- ‘‘(1) IN GENERAL.—Except as provided in para- TAINING JADEITE OR RUBIES FROM graph (2), until such time as the President de- son described in subparagraphs (A) through (C) BURMA. whom the President determines effectively con- termines and certifies to the appropriate con- ‘‘(a) DEFINITIONS.—In this section: gressional committees that Burma has met the trols property in the United States or has bene- ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- conditions described in section 3(a)(3), begin- fitted from a financial transaction with any TEES.—The term ‘appropriate congressional com- ning 60 days after the date of the enactment of United States person. mittees’ means— the Tom Lantos Block Burmese JADE (Junta’s (2) CONSIDERATION OF OTHER DATA.—In pre- ‘‘(A) the Committee on Ways and Means and Anti-Democratic Efforts) Act of 2008, the Presi- paring the list required under paragraph (1), the the Committee on Foreign Affairs of the House dent shall require as a condition for the impor- President shall consider the data already ob- of Representatives; and tained by other countries and entities that ‘‘(B) the Committee on Finance and the Com- tation into the United States of any non-Bur- apply sanctions against Burma, such as the mittee on Foreign Relations of the Senate. mese covered article that— Australian Government and the European ‘‘(2) BURMESE COVERED ARTICLE.—The term ‘‘(A) the exporter of the non-Burmese covered Union. ‘Burmese covered article’ means— article has implemented measures that have sub- (3) UPDATES.—The President shall transmit to ‘‘(A) jadeite mined or extracted from Burma; stantially the same effect and achieve the same the appropriate congressional committees up- ‘‘(B) rubies mined or extracted from Burma; or goals as the measures described in clauses (i) dated lists of the persons described in paragraph ‘‘(C) articles of jewelry containing jadeite de- through (iv) of paragraph (2)(B) (or their func- (1) as new information becomes available. scribed in subparagraph (A) or rubies described tional equivalent) to prevent the trade in Bur- (4) IDENTIFICATION OF INFORMATION.—The in subparagraph (B). mese covered articles; and Secretary of State and the Secretary of the ‘‘(3) NON-BURMESE COVERED ARTICLE.—The ‘‘(B) the importer of the non-Burmese covered Treasury shall devote sufficient resources to the term ‘non-Burmese covered article’ means— article agrees— identification of information concerning poten- ‘‘(A) jadeite mined or extracted from a coun- ‘‘(i) to maintain a full record of, in the form tial persons to be sanctioned to carry out the try other than Burma; of reports or otherwise, complete information re- purposes described in this Act. ‘‘(B) rubies mined or extracted from a country lating to any act or transaction related to the (e) RULE OF CONSTRUCTION.—Nothing in this other than Burma; or purchase, manufacture, or shipment of the non- section may be construed to prohibit any con- ‘‘(C) articles of jewelry containing jadeite de- Burmese covered article for a period of not less tract or other financial transaction with any scribed in subparagraph (A) or rubies described than 5 years from the date of entry of the non- nongovernmental humanitarian organization in in subparagraph (B). Burmese covered article; and Burma. ‘‘(4) JADEITE; RUBIES; ARTICLES OF JEWELRY ‘‘(ii) to provide the information described in (f) EXCEPTIONS.— CONTAINING JADEITE OR RUBIES.— clause (i) within the custody or control of such (1) IN GENERAL.—The prohibitions and restric- ‘‘(A) JADEITE.—The term ‘jadeite’ means any person to the relevant United States authorities tions described in subsections (b) and (c) shall jadeite classifiable under heading 7103 of the upon request. not apply to medicine, medical equipment or Harmonized Tariff Schedule of the United ‘‘(2) EXCEPTION.— supplies, food or feed, or any other form of hu- States (in this paragraph referred to as the ‘‘(A) IN GENERAL.—The President may waive manitarian assistance provided to Burma. ‘HTS’). the requirements of paragraph (1) with respect

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SPECIAL REPRESENTATIVE AND POLICY (B) (or their functional equivalent) to prevent that the President should take the necessary COORDINATOR FOR BURMA. the trade in Burmese covered articles. steps to seek to negotiate an international ar- (a) UNITED STATES SPECIAL REPRESENTATIVE ‘‘(B) MEASURES DESCRIBED.—The measures re- rangement—similar to the Kimberley Process AND POLICY COORDINATOR FOR BURMA.—The ferred to in subparagraph (A) are the following: Certification Scheme for conflict diamonds—to President shall appoint a Special Representative ‘‘(i) With respect to exportation from the prevent the trade in Burmese covered articles. and Policy Coordinator for Burma, by and with country of jadeite or rubies in rough form, a Such an international arrangement should cre- the advice and consent of the Senate. system of verifiable controls on the jadeite or ru- ate an effective global system of controls and (b) RANK.—The Special Representative and bies from mine to exportation demonstrating should contain the measures described in sub- Policy Coordinator for Burma appointed under that the jadeite or rubies were not mined or ex- section (c)(2)(B) (or their functional equivalent). subsection (a) shall have the rank of ambas- tracted from Burma, and accompanied by offi- ‘‘(2) KIMBERLEY PROCESS CERTIFICATION sador and shall hold the office at the pleasure cially-validated documentation certifying the SCHEME DEFINED.—In paragraph (1), the term of the President. Except for the position of country from which the jadeite or rubies were ‘Kimberley Process Certification Scheme’ has United States Ambassador to the Association of mined or extracted, total carat weight, and the meaning given the term in section 3(6) of the Southeast Asian Nations, the Special Represent- value of the jadeite or rubies. Clean Diamond Trade Act (Public Law 108–19; ative and Policy Coordinator may not simulta- ‘‘(ii) With respect to exportation from the 19 U.S.C. 3902(6)). neously hold a separate position within the ex- country of finished jadeite or polished rubies, a ‘‘(g) REPORT.— ecutive branch, including the Assistant Sec- system of verifiable controls on the jadeite or ru- ‘‘(1) IN GENERAL.—Not later than 180 days retary of State, the Deputy Assistant Secretary bies from mine to the place of final finishing of after the date of the enactment of the Tom Lan- of State, the United States Ambassador to the jadeite or rubies demonstrating that the tos Block Burmese JADE (Junta’s Anti-Demo- Burma, or the Charge d’affairs to Burma. jadeite or rubies were not mined or extracted cratic Efforts) Act of 2008, the President shall (c) DUTIES AND RESPONSIBILITIES.—The Spe- from Burma, and accompanied by officially- transmit to the appropriate congressional com- cial Representative and Policy Coordinator for validated documentation certifying the country mittees a report describing what actions the Burma shall— from which the jadeite or rubies were mined or United States has taken during the 60-day pe- (1) promote a comprehensive international ef- extracted. riod beginning on the date of the enactment of fort, including multilateral sanctions, direct dia- ‘‘(iii) With respect to exportation from the such Act to seek— logue with the SPDC and democracy advocates, country of articles of jewelry containing jadeite ‘‘(A) the issuance of a draft waiver decision and support for nongovernmental organizations or rubies, a system of verifiable controls on the by the Council for Trade in Goods of the World operating in Burma and neighboring countries, jadeite or rubies from mine to the place of final Trade Organization, as specified in subsection designed to restore civilian democratic rule to finishing of the article of jewelry containing (b)(3)(A); Burma and address the urgent humanitarian ‘‘(B) the adoption of a resolution by the jadeite or rubies demonstrating that the jadeite needs of the Burmese people; United Nations General Assembly, as specified or rubies were not mined or extracted from (2) consult broadly, including with the Gov- in subsection (b)(3)(B); and Burma, and accompanied by officially-validated ernments of the People’s Republic of China, ‘‘(C) the negotiation of an international ar- documentation certifying the country from India, Thailand, and Japan, and the member rangement, as specified in subsection (f)(1). which the jadeite or rubies were mined or ex- states of ASEAN and the European Union to co- ‘‘(2) UPDATE.—The President shall make con- ordinate policies toward Burma; tracted. tinued efforts to seek the items specified in sub- ‘‘(iv) Verifiable recordkeeping by all entities (3) assist efforts by the United Nations Special paragraphs (A), (B), and (C) of paragraph (1) Envoy to secure the release of all political pris- and individuals engaged in mining, importation, and shall promptly update the appropriate con- and exportation of non-Burmese covered articles oners in Burma and to promote dialogue be- gressional committees on subsequent develop- tween the SPDC and leaders of Burma’s democ- in the country, and subject to inspection and ments with respect to these efforts. verification by authorized authorities of the racy movement, including Aung San Suu Kyi; ‘‘(h) GAO REPORT.—Not later than 14 months (4) consult with Congress on policies relevant government of the country in accordance with after the date of the enactment of the Tom Lan- applicable law. to Burma and the future and welfare of all the tos Block Burmese JADE (Junta’s Anti-Demo- Burmese people, including refugees; and ‘‘(v) Implementation by the government of the cratic Efforts) Act of 2008, the Comptroller Gen- country of proportionate and dissuasive pen- (5) coordinate the imposition of Burma sanc- eral of the United States shall submit to the ap- tions within the United States Government and alties against any persons who violate laws and propriate congressional committees a report on regulations designed to prevent trade in Bur- with the relevant international financial insti- the effectiveness of the implementation of this tutions. mese covered articles. section. The Comptroller General shall include ‘‘(vi) Full cooperation by the country with the SEC. 8. SUPPORT FOR CONSTITUTIONAL DEMOC- in the report any recommendations for improv- United Nations or other official international RACY IN BURMA. ing the administration of this Act.’’. organizations that seek to prevent trade in Bur- (a) IN GENERAL.—The President is authorized (b) DURATION OF SANCTIONS.— to assist Burmese democracy activists who are mese covered articles. (1) CONTINUATION OF IMPORT SANCTIONS.— ‘‘(3) REGULATORY AUTHORITY.—The President dedicated to nonviolent opposition to the SPDC Subsection (b) of section 9 of the Burmese Free- in their efforts to promote freedom, democracy, is authorized to, and shall as necessary, issue dom and Democracy Act of 2003 (Public Law such proclamations, regulations, licenses, and and human rights in Burma. 108–61; 50 U.S.C. 1701 note) is amended by add- (b) AUTHORIZATION OF APPROPRIATIONS.— orders and conduct such investigations, as may ing at the end the following new paragraph: be necessary to implement the provisions under There are authorized to be appropriated ‘‘(4) RULE OF CONSTRUCTION.—For purposes of $5,000,000 to the Secretary of State for fiscal paragraphs (1) and (2). this subsection, any reference to section 3(a)(1) ‘‘(d) INAPPLICABILITY.— year 2008 to— shall be deemed to include a reference to section (1) provide aid to democracy activists in ‘‘(1) IN GENERAL.—The requirements of sub- 3A (b)(1) and (c)(1).’’. section (b)(1) and subsection (c)(1) shall not Burma; (2) RENEWAL RESOLUTIONS.—Subsection (c) of (2) provide aid to individuals and groups con- apply to Burmese covered articles and non-Bur- such section is amended by inserting after ‘‘sec- ducting democracy programming outside of mese covered articles, respectively, that were tion 3(a)(1)’’ each place it appears the fol- Burma targeted at a peaceful transition to con- previously exported from the United States, in- lowing: ‘‘and section 3A (b)(1) and (c)(1)’’. stitutional democracy inside Burma; and cluding those that accompanied an individual (3) EFFECTIVE DATE.— (3) expand radio and television broadcasting outside the United States for personal use, if (A) IN GENERAL.—The amendments made by into Burma. they are reimported into the United States by this subsection take effect on the day after the SEC. 9. SUPPORT FOR NONGOVERNMENTAL OR- the same person, without having been advanced date of the enactment of 5th renewal resolution GANIZATIONS ADDRESSING THE HU- in value or improved in condition by any proc- enacted into law after the date of the enactment MANITARIAN NEEDS OF THE BUR- ess or other means while outside the United of the Burmese Freedom and Democracy Act of MESE PEOPLE. States. 2003, or the date of the enactment of this Act, (a) SENSE OF CONGRESS.—It is the sense of ‘‘(2) ADDITIONAL PROVISION.—The require- whichever occurs later. Congress that the international community ments of subsection (c)(1) shall not apply with (B) RENEWAL RESOLUTION DEFINED.—In this should increase support for nongovernmental respect to the importation of non-Burmese cov- paragraph, the term ‘‘renewal resolution’’ organizations attempting to meet the urgent hu- ered articles that are imported by or on behalf means a renewal resolution described in section manitarian needs of the Burmese people. of an individual for personal use and accom- 9(c) of the Burmese Freedom and Democracy Act (b) LICENSES FOR HUMANITARIAN OR RELI- panying an individual upon entry into the of 2003 that is enacted into law in accordance GIOUS ACTIVITIES IN BURMA.—Section 5 of the United States. with such section. Burmese Freedom and Democracy Act of 2003 (50 ‘‘(e) ENFORCEMENT.—Burmese covered articles (c) CONFORMING AMENDMENT.—Section 3(b) of U.S.C. 1701 note) is amended— or non-Burmese covered articles that are im- the Burmese Freedom and Democracy Act of (1) by inserting ‘‘(a) OPPOSITION TO ASSIST- ported into the United States in violation of any 2003 (Public Law 108–61; 50 U.S.C. 1701 note) is ANCE TO BURMA.—’’ before ‘‘The Secretary’’; prohibition of this Act or any other provision amended— and law shall be subject to all applicable seizure and (1) by striking ‘‘prohibitions’’ and inserting (2) by adding at the end the following new forfeiture laws and criminal and civil laws of ‘‘restrictions’’; subsection:

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‘‘(b) LICENSES FOR HUMANITARIAN OR RELI- tional rule, takes steps toward inclusion of eth- form but may include a classified annex. The re- GIOUS ACTIVITIES IN BURMA.—Notwithstanding nic minorities in political reconciliation efforts, port shall also be posted on the Department of any other provision of law, the Secretary of the and holds free and fair elections to establish a Treasury’s website not later than 30 days of the Treasury is authorized to issue multi-year li- new government. submission to Congress of the report. To the ex- censes for humanitarian or religious activities in SEC. 12. REDUCTION OF SPDC REVENUE FROM tent possible, the report shall include the names Burma.’’. TIMBER. of the senior Burmese officials and the approxi- (c) AUTHORIZATION OF APPROPRIATIONS.— (a) REPORT.—Not later than one year after mate value of their holdings in the respective (1) IN GENERAL.—Notwithstanding any other the date of the enactment of this Act and annu- foreign banking institutions and any other per- provision of law, there are authorized to be ap- ally thereafter, the Secretary of State, in con- tinent information. propriated $11,000,000 to the Secretary of State sultation with the Secretary of Commerce, and SEC. 14. UNOCAL PLAINTIFFS. for fiscal year 2008 to support operations by other Federal officials, as appropriate, shall (a) SENSE OF CONGRESS.—It is the Sense of nongovernmental organizations, subject to para- submit to the appropriate congressional commit- Congress that the United States should work graph (2), designed to address the humanitarian tees a report on Burma’s timber trade con- with the Royal Thai Government to ensure the needs of the Burmese people inside Burma and taining information on the following: safety in Thailand of the 15 plaintiffs in the in refugee camps in neighboring countries. (1) Products entering the United States made Doe v. Unocal case, and should consider grant- (2) LIMITATION.— in whole or in part of wood grown and har- ing refugee status or humanitarian parole to (A) IN GENERAL.—Except as provided under vested in Burma, including measurements of an- these plaintiffs to enter the United States con- subparagraph (B), amounts appropriated pursu- nual value and volume and considering both sistent with existing United States law. ant to paragraph (1) may not be provided to— legal and illegal timber trade. (b) REPORT.—Not later than 90 days after the (i) SPDC-controlled entities; (2) Statistics about Burma’s timber trade, in- date of the enactment of this Act, the President (ii) entities run by members of the SPDC or cluding raw wood and wood products, in aggre- shall submit to the appropriate Congressional their families; or gate and broken down by country and timber committees a report on the status of the Doe vs. (iii) entities providing cash or resources to the species, including measurements of value and Unocal plaintiffs and whether the plaintiffs SPDC, including organizations affiliated with volume and considering both legal and illegal have been granted refugee status or humani- the United Nations. timber trade. tarian parole. (B) WAIVER.—The President may waive the (3) A description of the chains of custody of products described in paragraph (1), including SEC. 15. SENSE OF CONGRESS WITH RESPECT TO funding restriction described in subparagraph INVESTMENTS IN BURMA’S OIL AND (A) if— direct trade streams from Burma to the United GAS INDUSTRY. States and via manufacturing or transshipment (i) the President determines and certifies to (a) FINDINGS AND DECLARATIONS.—Congress the appropriate congressional committees that in third countries. finds the following: (4) Illegalities, abuses, or corruption in the such waiver is in the national interests of the (1) Currently United States, French, and Thai Burmese timber sector. United States; investors are engaged in the production and de- (5) A description of all common consumer and (ii) a description of the national interests need livery of natural gas in the pipeline from the commercial applications unique to Burmese for the waiver is submitted to the appropriate Yadana and Sein fields (Yadana pipeline) in the hardwoods, including the furniture and marine congressional committees; and Andaman Sea, an enterprise which falls under (iii) the description submitted under clause (ii) manufacturing industries. (b) RECOMMENDATIONS.—The report required the jurisdiction of the Burmese Government, is posted on a publicly accessible Internet Web and United States investment by Chevron rep- site of the Department of State. under subsection (a) shall include recommenda- tions on the following: resents approximately a 28 percent nonoperated, SEC. 10. REPORT ON MILITARY AND INTEL- (1) Alternatives to Burmese hardwoods for the working interest in that pipeline. LIGENCE AID TO BURMA. commercial applications described in paragraph (2) The Congressional Research Service esti- (a) IN GENERAL.—Not later than 180 days (5) of subsection (a), including alternative spe- mates that the Yadana pipeline provides at least after the date of the enactment of this Act and cies of timber that could provide the same appli- $500,000,000 in annual revenue for the Burmese annually thereafter, the Secretary of State shall cations. Government. submit to the Committee on Foreign Affairs of (2) Strategies for encouraging sustainable (3) The natural gas that transits the Yadana the House of Representatives and the Committee management of timber in locations with poten- pipeline is delivered primarily to Thailand, rep- on Foreign Relations of the Senate a report con- tial climate, soil, and other conditions to com- resenting about 20 percent of Thailand’s total taining a list of countries, companies, and other pete with Burmese hardwoods for the consumer gas supply. entities that provide military or intelligence aid and commercial applications described in para- (4) The executive branch has in the past ex- to the SPDC and describing such military or in- graph (5) of subsection (a). empted investment in the Yadana pipeline from telligence aid provided by each such country, (3) The appropriate United States and inter- the sanctions regime against the Burmese Gov- company, and other entity. national customs documents and declarations ernment. (b) MILITARY OR INTELLIGENCE AID DE- that would need to be kept and compiled in (5) Congress believes that United States com- FINED.—For the purpose of this section, the term order to establish the chain of custody con- panies ought to be held to a high standard of ‘‘military or intelligence aid’’ means, with re- cerning products described in paragraphs (1) conduct overseas and should avoid as much as spect to the SPDC— and (3) of subsection (a). possible acting in a manner that supports re- (1) the provision of weapons, weapons parts, (4) Strategies for strengthening the capacity pressive regimes such as the Burmese Govern- military vehicles, or military aircraft; of Burmese civil society, including Burmese soci- ment. (2) the provision of military or intelligence ety in exile, to monitor and report on the (6) Congress recognizes the important symbolic training, including advice and assistance on SPDC’s trade in timber and other extractive in- value that divestment of United States holdings subject matter expert exchanges; dustries so that Burmese natural resources can in Burma would have on the international sanc- (3) the provision of weapons of mass destruc- be used to benefit the majority of Burma’s popu- tions effort, demonstrating that the United tion and related materials, capabilities, and lation. States will continue to lead by example. technology, including nuclear, chemical, or SEC. 13. REPORT ON FINANCIAL ASSETS HELD BY (b) STATEMENT OF POLICY.— dual-use capabilities; MEMBERS OF THE SPDC. (1) Congress urges Yadana investors to con- (4) conducting joint military exercises; (a) IN GENERAL.—Not later than 180 days sider voluntary divestment over time if the Bur- (5) the provision of naval support, including after the date of the enactment of this Act and mese Government fails to take meaningful steps ship development and naval construction; annually thereafter, the Secretary of the Treas- to release political prisoners, restore civilian (6) the provision of technical support, includ- ury, in consultation with the Secretary of State, constitutional rule and promote national rec- ing computer and software development and in- shall submit to the Committee on Foreign Affairs onciliation. stallations, networks, and infrastructure devel- of the House of Representatives, the Committee (2) Congress will remain concerned with the opment and construction; or on Ways and Means of the House of the Rep- matter of continued investment in the Yadana (7) the construction or expansion of airfields, resentatives, the Committee on Foreign Rela- pipeline in the years ahead. including radar and anti-aircraft systems. tions of the Senate, and the Committee on Fi- (3) Congress urges the executive branch to (c) FORM.—The report required under sub- nance of the Senate a report containing a list of work with all firms invested in Burma’s oil and section (a) shall be submitted in unclassified all countries and foreign banking institutions gas sector to use their influence to promote the form but may include a classified annex and the that hold assets on behalf of senior Burmese of- peaceful transition to civilian democratic rule in unclassified form shall be placed on the Depart- ficials. Burma. ment of State’s website. (b) DEFINITIONS.—For the purpose of this sec- (c) SENSE OF CONGRESS.—It is the sense of SEC. 11. SENSE OF CONGRESS ON INTER- tion: Congress that so long as Yadana investors re- NATIONAL ARMS SALES TO BURMA. (1) SENIOR BURMESE OFFICIALS.—The term main invested in Burma, such investors It is the sense of Congress that the United ‘‘senior Burmese officials’’ shall mean individ- should— States should lead efforts in the United Nations uals covered under section 5(d)(1) of this Act. (1) communicate to the Burmese Government, Security Council to impose a mandatory inter- (2) OTHER TERMS.—Other terms shall be de- military and business officials, at the highest national arms embargo on Burma, curtailing all fined under the authority of and consistent with levels, concern about the lack of genuine con- sales of weapons, ammunition, military vehicles, section 5(c)(2) of this Act. sultation between the Burmese Government and and military aircraft to Burma until the SPDC (c) FORM.—The report required under sub- its people, the failure of the Burmese Govern- releases all political prisoners, restores constitu- section (a) shall be submitted in unclassified ment to use its natural resources to benefit the

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 6333 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7084 CONGRESSIONAL RECORD — SENATE July 22, 2008 Burmese people, and the military’s use of forced would have threatened passage of this I have always said that we would labor; important legislation. Nonetheless, I treat this President’s nominees more (2) publicly disclose and deal with in a trans- would point out that Congress makes fairly than Republicans treated Presi- parent manner, consistent with legal obliga- tions, its role in any ongoing investment in its position on the issue quite clear by dent Clinton’s. And we have. Indeed, we Burma, including its financial involvement in encouraging the voluntary divestment have matched the confirmation record any joint production agreement or other joint of all energy companies operating in that Republicans achieved for a Presi- ventures and the amount of their direct or indi- Burma. dent from their own party. We have not rect support of the Burmese Government; and Finally, I would also like to express pocket filibustered more than 60 of this (3) work with project partners to ensure that my appreciation for all those who have President’s nominees. We are not going forced labor is not used to construct, maintain, worked diligently on this legislation. to return 17 circuit court nominees support, or defend the project facilities, includ- ing pipelines, offices, or other facilities. In particular, I would like to thank without action to this President as the Frank Jannuzi and Keith Luse of the Resolved further, That the House agree to Republican-led Senate did to President the amendment of the Senate to the title of Senate Foreign Relations Committee Clinton. We have not doubled the judi- the aforesaid bill with the following: staff for their efforts. cial vacancies and forced them above In lieu of the matter proposed to be in- Mr. BROWN. Mr. President, I ask 100 nationwide, nor have we doubled serted by the amendment of the Senate to unanimous consent that the Senate the number of circuit court vacancies. the title of the bill, amend the title so as to concur in the House amendments, the To the contrary, we have cut judicial read: ‘‘An Act to impose sanctions on offi- motion to reconsider be laid upon the vacancies by more than half, and re- cials of the State Peace and Development table, and that any statements relating Council in Burma, to amend the Burmese duced circuit court vacancies by more Freedom and Democracy Act of 2003 to ex- to the bill be printed in the RECORD. than two-thirds from a high point of 32, empt humanitarian assistance from United The PRESIDING OFFICER. Without to a low of just nine throughout all 13 States sanctions on Burma, to prohibit the objection, it is so ordered. Federal circuits. importation of gemstones from Burma, or f that originate in Burma, to promote a co- The 100 nominations we confirmed in ordinated international effort to restore ci- EXECUTIVE SESSION only 17 months in 2001 and 2002, while vilian democratic rule to Burma, and for working with a most uncooperative other purposes.’’. White House, reduced the vacancies by Mr. MCCONNELL. Mr. President, I NOMINATION OF CATHY SEIBEL TO 45 percent by the end of 2002. With 40 rise today to note Senate passage of BE UNITED STATES DISTRICT additional confirmations last year, and H.R. 3890, the Tom Lantos Block Bur- JUDGE another 18 this year, the Senate under mese JADE, Junta’s Anti-Democratic Democratic leadership has now con- Efforts, Act. This is bipartisan legisla- firmed 158 lifetime appointments to the NOMINATION OF GLENN T. tion that is now on its way to the Federal bench nominated by President SUDDABY TO BE UNITED STATES President for his signature. In this ef- Bush. Nearly half of the judicial nomi- DISTRICT JUDGE fort, I was pleased to work closely nees the Senate has confirmed while I again with my friend and colleague, Mr. BROWN. Mr. President, I ask have served as the chairman of the Ju- Senator BIDEN of Delaware. unanimous consent that the Senate diciary Committee have filled vacan- This bill—appropriately named in proceed to executive session to con- cies classified by the Administrative honor of Tom Lantos, a great cham- sider the following nominations: Cal- Office of the Courts as judicial emer- pion of Burmese freedom and reconcili- endar Nos. 689 and 690, and that the gency vacancies. Eighteen of the 27 cir- ation—will further ratchet up the al- Senate proceed to vote on confirmation cuit court nominees confirmed while I ready strict sanctions against the of the nominations; that upon con- have chaired the committee filled judi- State Peace and Development Council, firmation of the nominations, the mo- cial emergency vacancies, including SPDC, the grotesquely misnamed rul- tions to reconsider be laid upon the nine of the 10 circuit court nominees ing junta. In doing so, it will restrict table, en bloc, the President be imme- confirmed this Congress. This is an- the importation of jade into the U.S. diately notified of the Senate’s action, other aspect of the problem created by through other countries, one of the with no further motions in order, that Republicans that we have worked hard most lucrative sources of profit for the any statements relating to the nomina- to improve. When President Bush took junta. It also enhances existing finan- tions be printed in the RECORD, and office there were 28 judicial emergency cial sanctions against the regime and that the Senate then resume legisla- vacancies. Those have been reduced by includes new reporting requirements tive session. more than half. which will provide greater trans- The PRESIDING OFFICER. Without In the 2 full years that preceded my parency about the junta. These reports objection, it is so ordered. returning as chairman of the Judiciary include data about the SPDC’s finan- Mr. LEAHY. Mr. President, today the Committee in 2007, with a Republican cial holdings; information about coun- Senate is poised to confirm two more chairman and a Republican Senate ma- tries that provide military assistance nominations for lifetime appointments jority working to confirm the judicial to the regime; and background on the to the Federal bench: Cathy Seibel for nominees of a Republican President, 54 Burmese timber trade. the Southern District of New York and I would note that, like the annual Glenn T. Suddaby for the Northern Dis- nominations were confirmed. After the Burmese Freedom and Democracy Act, trict of New York. These nominees two confirmations today, we will reach this legislation does not interrupt the each have the support of the New York 58 judicial confirmations for this Con- flow of humanitarian assistance to the Senators, who worked with the White gress. Truth be told, President Bush’s people of Burma, who continue to House to identify a slate of consensus judicial nominees have been confirmed faster by the Democratic majority struggle in the wake of Cyclone Nargis. nominees. I thank both Senator SCHU- than by the previous Republican ma- By focusing the sanctions on the MER and Senator CLINTON for their SPDC, this bill sends a clear message work in connection with these nomi- jority of the Senate. to the junta that the United States nees. Judicial vacancies have been reduced stands squarely with the freedom-lov- When these nominees are confirmed, from 10 percent as we made the transi- ing people of Burma. that will bring the number of judicial tion to the Bush administration to 4.5 As my colleagues can tell you, pass- nominees confirmed by the Senate dur- percent today. I wish we could say the ing legislation sometimes means you ing the slightly more than three years same about unemployment, the cost of don’t get everything you want. I have I have served as the Chairman of the gasoline, food prices, health care costs, been on record for over a decade as sup- Judiciary Committee to 158. Coinciden- about inflation and the national debt, porting the divestment of U.S. energy tally, the number of President Bush’s but all those indicators have been mov- interests in Burma. I would have pre- judicial nominees confirmed by the ing in the wrong direction, as is con- ferred it if Congress had taken binding Senate during the almost four and one- sumer confidence and the percentage of action in this bill to compel divest- half years of Republican control to- Americans who see the country as on ment, but including such a provision taled 158. the wrong track.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7085 Republican critics ignore the layoffs. The annual budget deficit is in words about one of them—the legisla- progress we have made on judicial va- the hundreds of millions of dollars, the tion to reauthorize the William Wilber- cancies. They also ignore the crisis dollar has lost half its value, and the force Trafficking Victims Protection that they had created by not consid- costs of the Iraq war and interest on Act. This bill would strengthen our ef- ering circuit nominees in 1996, 1997 and the national debt amounts to $1.5 bil- forts to stop the abhorrent practice of 1998. They ignore the fact that they re- lion a day. human trafficking around the world. fused to confirm a single circuit nomi- When President Bush took office, the Our bill enhances protections for vic- nee during the entire 1996 session. They price of gas was $1.42 a gallon. Today, tims of these terrible crimes. Human ignore the fact that they returned 17 it is over $4.00 a gallon. The housing trafficking is a modern-day form of circuit court nominees without action crisis and mortgage crisis threatens slavery, involving victims who are to the White House in 2000. They ignore the economy. The stock market forced, defrauded or coerced into sex- the public criticism of Chief Justice dropped 2,000 points in the first six ual or labor exploitation. These prac- Rehnquist to their actions during those months of the year and went under tices continue to victimize hundreds of years. They ignore the fact that they 11,000. thousands around the world, mostly were responsible for more than dou- Hardworking Americans trying to do women and children, and we must do bling circuit court vacancies during the best they can for their families are all that we can to be more effective in their pocket filibusters of Clinton more concerned about critical issues confronting this continuing problem. I nominees or that we have reduced they face in their lives each day. They thank Senator BIDEN for his leadership. those circuit court vacancies by more are concerned about affording to heat Unfortunately, Republican partisan an- than two thirds. their homes this winter. They are con- tics have gotten in the way of progress In fact, as the Presidential elections cerned about gas prices that have sky- on this front and delayed the Judiciary in 2000 drew closer, and when the judi- rocketed so high they do not know how Committee and the Senate from acting cial vacancy rate stood at 7.2 percent, they will afford to drive to work. They on this measure. then-Judiciary Committee Chairman are concerned about the steepest de- Rather than meet and work on the ORRIN HATCH declared that ‘‘There is cline in home values in two decades. human trafficking bill and the others, and has been no judicial vacancy cri- More and more Americans are affected a number of the Republican Senators sis,’’ and that 7.2 percent was a ‘‘rather by rising unemployment, with job who serve on the Judiciary Committee low percentage of vacancies that shows losses for the first six consecutive came to the Senate floor while Repub- the judiciary is not suffering from an months of this year tallying over licans objected to the committee meet- overwhelming number of vacancies.’’ 438,000. Americans are worried about ing. That was too bad. It set back our As a result of Republican inaction, the soaring health care costs, rising health legislative agenda. vacancy rate continued to rise, reach- insurance costs, the rising costs of edu- Republicans previously boycotted ing 10 percent when the Democrats cation and rising food prices. The par- business meetings for the month of took over the Senate majority in 2001. tisan, election-year rhetoric over judi- February when we were trying to re- Democrats have reversed course. We cial nominations, at a time when judi- port judicial nominations. That only have cut circuit court vacancies by cial vacancies have been significantly slowed our progress. Then, when we more than two-thirds, from a high of reduced, is a reflection of misplaced tried to expedite consideration of two 32. With the confirmation of two nomi- priorities. circuit court nominations in May, they nees today, the judicial vacancy rate Our progress today in confirming two objected. Those judicial nominations will be just 4.5 percent. more nominations for lifetime appoint- were finally confirmed late in June. I have yet to hear praise from a sin- ments shows that when the President I look forward to a time when Sen- gle Republican for our work in low- works with home State Senators to ators from the other side of the aisle ering vacancies. I also have yet to hear identify consensus, well-qualified return to work with us on the impor- in the Republican talking points any nominees, we can make progress, even tant legislative business of the Judici- explanation for their actions during this late in an election year. I con- ary Committee and the Senate. It the 1996 congressional session, when gratulate the nominees and their fami- would be refreshing if they recognized the Republican Senate majority re- lies on their confirmations today. the progress we have made on filling fused to allow the Senate to confirm The Federal judiciary is the one arm judicial vacancies. even one circuit court judge. I have yet of our Government that should never to hear explanations for why they did be political or politicized, regardless of When they do, when they show co- not proceed with the nominations of who sits in the White House. I will con- operation, when we are able to make Bonnie Campbell, Allen Snyder and so tinue in this Congress, and with a new progress on our legislative agenda, at many others. President in the next Congress, to that point I will be able to turn my at- I hope the American people will not work with Senators from both sides of tention from concentrating on that witness another week in which Senate the aisle to ensure that the Federal ju- legislative agenda and consider, along Republicans attempt to make a par- diciary remains independent and able with the majority leader, whether tisan, election-year issue out of the to provide justice to all Americans, there are additional judicial nominees confirmation of judicial nominations. without fear or favor. we might be able to consider and con- This is the one area where the numbers Last week the Senate Judiciary Com- firm this year. It will be difficult to do have actually improved during the mittee was scheduled to consider a so, especially in connection with nomi- Bush presidency while the life of hard- number of bipartisan measures. Several nees recently received for whom we do working Americans has only gotten are important items on which Repub- not have an ABA peer review rating at more difficult. The Treasury Secretary licans had already delayed consider- this time. has been quite sobering about the fi- ation since June. They include the bi- Let me give you some flavor of how nancial difficulties still ahead. Infla- partisan bill to reauthorize the Juve- petty the obstructionism from Repub- tion is now on the rise, jobs are being nile Justice and Delinquency Preven- licans has become. I introduced at the lost, gas prices have skyrocketed, food tion Act, a bipartisan OPEN FOIA bill request of the Chief Justice a bill to ex- prices have soared, health care is and the bipartisan William Wilberforce tend authorization for the Supreme unaffordable and yet Republicans want Trafficking Victims Protection Reau- Court police to remain in operation, S. come to the floor to pick a partisan thorization Act. In addition, we had be- 3296. I have been trying to clear this fight about the pace of judicial con- fore us the Fairness in Nursing Home measure for passage since June 19. Al- firmations while the Senate proceeds Arbitration Act, the Fugitive Informa- though our Ranking Republican on the to confirm two more judges. tion Networked Database Act, the Committee cosponsored, he has not Americans have seen the unemploy- Methamphetamine Production Preven- been able to clear it on his side of the ment rate rise to 5.5 percent and tril- tion Act and the National Guard and aisle. lions of dollars in budget surplus have Reservists Debt Relief Act. I have been seeking for months to turned into trillions of dollars of debt. I had hoped that last week we would find a way to extend the EB–5 investor Last week General Motors announced be able to report these measures. A few visa pilot program that brings benefits

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7086 CONGRESSIONAL RECORD — SENATE July 22, 2008 not only to Vermont but to Pennsyl- islation to ensure that law enforce- Insurance Program that would have vania and Iowa, and elsewhere. Author- ment officers can obtain bulletproof provided health insurance to more of ity for this worthwhile program that vests, to give much needed resources to the millions of American children leads to investments here in the United State and local law enforcement, to without it, to set a timetable for bring- States expires in September. My ef- break the grip of the OPEC cartel on ing American troops home from the forts to clear H.R. 5569, a bill to extend oil prices, to prohibit war profiteering, disastrous war in Iraq, and to ban the program for 5 years, have been sty- to train prosecutors, and to teach chil- waterboarding and help restore Amer- mied by Republicans who insist on dren to use the internet safely, just to ica as a beacon for the rule of law. using this bill as a vehicle for other im- reiterate a few examples. And that is The American people are going migration-related matters and have just legislation reported by the Judici- through increasingly difficult times, ensnarled it in a series of competing ary Committee. Every Committee in and their Congress should be working concerns. the Senate has seen simple legislation to make their lives better. Time is run- More broadly, the Judiciary Com- intended to help the American people ning short in this Congress. It is past mittee has worked throughout this in difficult times stymied by Repub- time for Republicans to stop their foot Congress to advance the priorities of lican obstruction. stomping and work with us to get Americans. We have reported legisla- Republicans have become masters of things done. That is what I have been tion to support local law enforcement true obstruction, boycotting business trying to do throughout this Congress. to make our cities and towns safe from meetings of the Judiciary Committee I hope, despite their recent antics, that crime that has now gone back up after and cutting short important hearings, Republicans will reconsider and join consistent declines in the 1990s, like including a hearing at which two cou- with me to make progress on legisla- the COPS Improvements Act, S. 368, rageous women from Pennsylvania tive matters of concern to the Amer- and my bill to extend the Bulletproof were testifying about severe injuries ican people. Vest Partnership Grant Act, S. 2511. We they suffered to help us understand the Mr. SCHUMER. Mr. President, I rise have reported legislation to combat plight of hardworking Americans in support of two nominees to be dis- fraud and corruption, like the War whose legitimate grievances have been trict judges in the Southern and North- Profiteering Prevention Act, S. 119, rejected by a pro-business Supreme ern Districts of New York. and the Public Corruption Prosecution Court. When Republicans obstructed a I was pleased last week that the Sen- Improvements Act, S. 1946. We have re- meeting last week where we could have ate voted unanimously to confirm two ported legislation to protect the civil made progress on reducing youth vio- other excellent New York nominees, rights and voting rights of Americans, lence, protecting women and children Kiyo Matsumoto and Paul Gardephe. like the Emmett Till Unsolved Civil from human trafficking, and helping Like last week’s candidates, both of Rights Crime Act, S. 535, and Senator those who serve our country to cope the nominees before us today—Cathy OBAMA’s Deceptive Practices and Voter with unmanageable debt, that was just Intimidation Prevention Act of 2007, S. Seibel and Glenn Suddaby—were rated 453. We have reported legislation to the latest example of a pattern that unanimously well qualified by the protect Americans’ data privacy like has become all too familiar. American Bar Association, and both Sadly, we have seen Republican ob- my Personal Data Privacy and Secu- were unanimously recommended out of structionism since the beginning of rity Act, S. 495. We have reported the Judiciary Committee. measures to provide the Federal judici- this Congress, with Republicans using I am particularly pleased to support ary with increased resources both in filibuster after filibuster to thwart the Ms. Seibel to be a judge in the South- terms of salary restoration and addi- will of the majority of the Senate from ern District of New York because I per- tional judgeships, S. 1638 and S. 2774. doing the business of the American sonally recommended her to the Presi- We have reported intellectual property people. Republican filibusters pre- dent. measures like the Shawn Bentley Or- vented Senate majorities from passing The Judges in her district respect phan Works Act, S. 2913. And, of the climate change bill; the Employee her, the defense bar knows her to be course, we have reported the bill to Free Choice Act; the Lilly Ledbetter fair and reasonable. and I myself found confront the OPEC cartel, NOPEC, S. Fair Pay Act; the DC Voting Rights her to be thoughtful, modest, and 879. I look forward to a time when Re- Act; the Renewable Fuels, Consumer blessed with a perfect judicial tempera- publicans work with us on these mat- Protection, and Energy Efficiency Act ment. ters instead of obstructing us at every of 2007; the Renewable Energy and Job These are the qualities that com- turn. Creation Act of 2008; the Medicare Im- pelled me to recommend her to the Legislation with broad bipartisan provements for Patients and Providers bench. support that I have managed to move Act of 2008; and the Consumer-First Ms. Seibel has been a Federal pros- through the Judiciary Committee has Energy Act. ecutor for 21 years and has long ties to then been stalled on the Senate floor These are critical pieces of legisla- the Southern District of New York by the obstruction of a few Repub- tion to address urgent priorities like where she has served as both the dep- licans. Of the bills that have been re- the energy crisis, the environment, uty U.S. attorney and the first assist- ported from the Judiciary Committee voting rights, health care, and fair ant. this Congress, Republicans have wages for working men and women. All During her time as a prosecutor, she blocked legislation to support runaway of them had the support of the major- has earned a reputation for fairness and homeless young people, S. 2982; to ity of the Senate. And all were blocked and effectiveness. help law enforcement cope with men- by a minority of Republican Senators Indeed, she is described as the very tally ill offenders, S. 2304; to support bent on preventing us from making model of grace under pressure. the investigation and prosecution of progress. Republicans have now filibus- And while at the Southern District, civil rights era murders left unsolved tered more than 80 pieces of legislation she has trained several generations of for too long, S. 535; and to protect our in this Congress. We can only imagine young prosecutors, who also sing her children from the scourges of drugs, what we could have accomplished in praises. child pornography, and child exploi- this Congress with cooperation rather She has prosecuted a number of high- tation, such as S. 1210, S. 1738 and S. than obstruction. profile tax fraud cases, as well as the 2344. I joined the Majority Leader in in- This long list of priorities unad- very first case where the Violence troducing a measure yesterday that dressed because of the Republicans in Against Women Act was used for a combines some of these Committee- Congress would be even longer if we murder charge—a subject obviously approved and House-passed bipartisan were to include the many important very close to my heart since I was the measures into one bill, S. 3297. These bills President Bush has vetoed since chief author of the Violence Against should have been consent items and al- the beginning of this Congress. This Women Act when I was in the House. ready been considered and passed by list includes legislation to fund stem She is the recipient of numerous the Senate. cell research to fight debilitating and well-deserved honors, including the The list goes on. I say, again, Repub- deadly diseases, to extend and expand prestigious Stimson Medal for federal lican obstructionists have blocked leg- the successful State Children’s Health prosecutors in New York.

VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 22, 2008 CONGRESSIONAL RECORD — SENATE S7087 Despite the demands on her time as a The PRESIDING OFFICER. The NOMINATIONS prosecutor, Ms. Seibel has also found clerk will state the nomination. Executive nominations received by time to teach a course on trial practice The legislative clerk read the nomi- the Senate: at Columbia Law School, and pre- nation of Glenn T. Suddaby, of New IN THE ARMY viously has taught courses at Ford- York, to be United States District Judge for the Northern District of New THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ham. IN THE RESERVE OF THE ARMY TO THE GRADES INDI- Ms. Seibel graduated magna cum York. CATED UNDER TITLE 10, U.S.C., SECTION 12203: laude from Princeton and received her The PRESIDING OFFICER. The To be major general J.D. cum laude from Fordham Univer- question is, Will the Senate advise and BRIGADIER GENERAL LIE-PING CHANG sity, where she was editor-in-chief of consent to the nomination of Glenn T. BRIGADIER GENERAL PAUL E. CRANDALL BRIGADIER GENERAL JEFFREY A. JACOBS the Fordham Law Review. Ms. Seibel Suddaby, of New York, to be United BRIGADIER GENERAL DEMPSEY D. KEE also clerked for Judge Joseph States District Judge for the Northern BRIGADIER GENERAL ELDON P. REGUA BRIGADIER GENERAL RICHARD A. STONE McLaughlin in the Eastern District District of New York? BRIGADIER GENERAL KEITH L. THURGOOD The nomination was confirmed. after graduation. To be brigadier general Additionally, Ms. Seibel’s confirma- The PRESIDING OFFICER. The mo- tions to reconsider are laid upon the COLONEL GILL P. BECK tion will help to rectify the serious COLONEL PAUL M. BENENATI underrepresentation of women in our table. COLONEL ALTON G. BERRY COLONEL LESLIE J. CARROLL Federal judiciary. f COLONEL JOE E. CHESNUT, JR. In the Southern District today, only COLONEL DAVID G. CLARKSON LEGISLATIVE SESSION COLONEL JANET L. COBB a paltry 25 percent of district court The PRESIDING OFFICER. Under COLONEL DON S. CORNETT, JR. judges—11 of 44—are women. I believe COLONEL MARK W. CORSON the previous order, the Senate will now COLONEL JOHN J. DONNELLY III that our Federal bench should reflect return to legislative session. COLONEL JAMES H. DOTY, JR. the same broad diversity of experience COLONEL ROGER B. DUFF f COLONEL GRACUS K. DUNN as America writ large. COLONEL WILLIAM J. GOTHARD Glass ceilings are abhorrent, but ORDERS FOR WEDNESDAY, JULY COLONEL MARK S. HENDRIX COLONEL PATRICIA A. HERITSCH they especially have no place in our 23, 2008 COLONEL LEROY WINFIELD, JR. Federal courthouses, where every cit- Mr. BROWN. Mr. President, I ask COLONEL EUGENE R. WOOLRIDGE III izen is held as equal before the law. unanimous consent that when the Sen- IN THE NAVY Ms. Seibel’s confirmation will be an ate completes its business today, it THE FOLLOWING NAMED OFFICER FOR APPOINTMENT important step to remedying an unfor- IN THE UNITED STATES NAVY TO THE GRADE INDICATED stand adjourned until 10 a.m. tomor- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND tunate gender gap in one of the coun- row, July 23; that following the prayer RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: try’s most important courts. and pledge, the Journal of proceedings To be vice admiral Finally I would like to say a few be approved to date, the morning hour REAR ADM. BRUCE W. CLINGAN words in favor of Mr. Glenn Suddaby, a be deemed expired, the time of the two THE FOLLOWING NAMED OFFICER FOR APPOINTMENT nominee for the Northern District of leaders be reserved for their use later IN THE UNITED STATES NAVY TO THE GRADE INDICATED New York. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND in the day, the Senate resume consider- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Mr. Suddaby has been a U.S. attorney ation of the motion to proceed to S. since 2002, but his ties to the Northern To be vice admiral 3268, the Energy speculation bill, and VICE ADM. JAMES A. WINNEFELD, JR. District go back much further than that the time during the adjournment IN THE ARMY that. He received his B.A. from State count postcloture. I further ask that University of New York at Plattsburgh, the time until 11 a.m. be equally di- THE FOLLOWING NAMED INDIVIDUALS IN THE GRADE then received his law degree from Syra- INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE vided, with Senators permitted to 10, U.S.C., SECTION 12203: cuse University. Mr. Suddaby then speak for up to 10 minutes each, with To be colonel began his long career as a prosecutor in the Republicans controlling the first ROBERT S. DEMPSTER Onondaga County before joining the half and the majority controlling the RONALD I. GROSS FRED A. KARNIK U.S. attorney’s office. final half; that the time from 11 a.m. Between college and law school, Mr. THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- until 4 p.m. be equally divided and con- Suddaby even spent time as a legisla- POINTMENT IN THE GRADE INDICATED IN THE UNITED trolled between the two leaders or STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE tive aide in the New York State Assem- 10, U.S.C., SECTIONS 531 AND 3064: their designees in 30-minute alter- bly, so he also has experience shaping nating blocks of time, with the Repub- To be lieutenant colonel the law from inside the halls of a legis- licans controlling the first 30 minutes THOMAS G. NORBIE lature. I think its a good idea to have DAVID K. RHINEHART and the majority controlling the next more judges with a little experience THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT 30 minutes. writing the law, and not only enforcing TO THE GRADE INDICATED IN THE UNITED STATES ARMY The PRESIDING OFFICER. Without MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., it and interpreting it. objection, it is so ordered. SECTIONS 624 AND 3064: Mr. Suddaby has worked especially To be lieutenant colonel f hard to target corruption in his dis- ANNE M. ANDREWS trict, and has demonstrated his com- PROGRAM ANTHONY C. BARE STANLEY T. BREUER mitment to placing the rule of law Mr. BROWN. Mr. President, tomor- BETHANY L. CHAPPELL ahead of ideology. row, at 11 a.m. in the Rotunda, there ERICA R. CLARKSON LARRY O. FRANCE Both of these nominees will make ex- will be a congressional ceremony com- DEBRA R. HERNANDEZ cellent judges who will be impartial memorating the 60th anniversary of HEIDI C. KAUFMAN JOSE G. MANGROBANG and thoughtful guardians of our legal the integration of the U.S. Armed DOUGLAS L. MCDOWELL tradition. I urge my colleagues to sup- Forces. In addition, National Security SHARON M. NEWTON HELEN A. SANTIAGO port them. Adviser Hadley will brief Senators in S. MICHAEL J. SCHIEFELBEIN The PRESIDING OFFICER. The 407, from 4 p.m. until 5:30 p.m., tomor- THOMAS J. SCHYMANSKI TRACY A. SMITH clerk will state the nomination. row. BARBARA J. SYLER The legislative read the nomination KIM N. THOMSEN f of Cathy Seibel, of New York, to be THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT United States District Judge for the ADJOURNMENT UNTIL 10 A.M. TO THE GRADE INDICATED IN THE UNITED STATES ARMY VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS Southern District of New York. TOMORROW 624 AND 3064: The PRESIDING OFFICER. The Mr. BROWN. If there is no further To be lieutenant colonel question is, Will the Senate advise and business to come before the Senate, I DAVID E. BENTZEL consent to the nomination of Cathy ask unanimous consent that it stand ERICA CARROLL JERRY R. COWART Seibel, of New York, to be United adjourned under the previous order. ROBERT A. GOODMAN States District Judge for the Southern There being no objection, the Senate, MARGERY M. HANFELT at 7:31 p.m., adjourned until Wednes- SCOTT E. HANNA District of New York? KENNETH O. JACOBSEN The nomination was confirmed. day, July 23, 2008, at 10 a.m. CHRISTOPHER E. KELLER

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CINDY A. LANDGREN SELINA G. WILLIAMS MICHAEL H. PRICE LORRAINE L. LINN JOSEPH C. RHENEY MARGARET S. NEIDERT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KARLOTTA A. RICHARDS JOHN PARSONS TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL C. RICHARDSON GREG SATURDAY MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- ANDREW J. RISIO ANN M. SCHIAVETTA TIONS 624 AND 3064: BRADLEY L. ROBINSON MAX L. TEEHEE To be lieutenant colonel BRADY H. ROSE YVONNE A. VAN GESSEL JOHN G. SANCHEZ SHANNON M. WALLACE KIMBERLEE A. AIELLO TROY D. SCHILLING PAUL B. ANDERSON PHILIP E. SHERIDAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM P. ARGO ALAN E. SIEGEL TO THE GRADE INDICATED IN THE UNITED STATES ARMY ADRIENNE B. ARI MELANIE A. SLOAN NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND SUSAN D. ARNETT RACHELE M. SMITH 3064: GREG R. ATKINSON STEPHEN P. SPELLMAN To be lieutenant colonel ERIC E. BAILEY MARK D. SWOFFORD MICHAEL K. BARDOLF JONATHAN R. SYLVIE CARLOS C. AMAYA DANIEL T. BARNES THOMAS C. TIMMES CAROLYN ANDERSEN BRIAN R. BAUER JAMES Q. TRUONG SUSAN J. ARGUETA CARLENE A. BLANDING MYRANDA L. VEREEN CHRISTOPHER D. BAYSA MARK J. BONICA ANDREW J. VITT SHARON M. BEACH MICHAEL D. BRENNAN CHRISTINE M. WATSON SANDRA J. BEGLEY MICHAEL F. BRESLIN JOSEPH L. WILLIAMS RICHARD A. BEHR DEIDRA E. BRIGGSANTHONY JEFFREY S. YARVIS LYNN BLANKE AMY C. BRINSON SHANNON M. ZEIGLER TAMMIE S. BOEGER BRADLEY L. BROOKS CHUNLIN ZHANG PATRICIA A. BORN KEVIN D. BROOM D0000 LISA M. BOWER EDWARD A. BRUSHER JOSEPH M. CANDELARIO JUDITH L. BUCHANAN IN THE NAVY CHERYL Y. CAPERS EVA K. CALERO LILLIAN CARDONA DAVID J. CARPENTER, JR. THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- COLEEN P. CHANG JAMES D. CARRELL MENT TO THE GRADES INDICATED IN THE UNITED RICHARD W. CICHY JORGE D. CARRILLO STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: MARGARET A. COLLIER ANDREW D. CENTINEO To be captain TAMARA L. CRAWFORD JOSE L. CHAVEZ CARLA J. CROUCH CHRISTOPHER M. CHRISTON TIMOTHY J. MCCULLOUGH DANETTE F. CRUTHIRDS RHONDA B. CLARK TIMOTHY A. CUEVAS JOANNE M. CLINE To be lieutenant commander KATRYNA B. DEARY KEVIN E. COOPER JAE WOO CHUNG SPENCER D. DICKENS, JR. TSEHAI CROCKETTLYNN TONYA F. DICKERSON JULIA A. DALLMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAUL R. DICKINSON THOMAS D. DAVENPORT TO THE GRADE INDICATED IN THE UNITED STATES NAVY FRAME T. DUQUETTE SOO L. DAVIS UNDER TITLE 10, U.S.C., SECTION 624: SHERRI D. FRANKLIN DENIS G. DESCARREAUX LORI A. FRITZ KEVIN M. DUFFY To be commander DAVID W. GARCIA WILLIAM T. ECHOLS PHILLIP J. BACHAND BLONDELL S. GLENN ERIC S. EDWARDS GLEN D. BOURQUE TINA M. GOSLING DUSTIN K. ELDER SCOTT L. CARPENTER LISA GREEN JAMES R. ERVIN COLIN M. CASWELL MICHAEL W. GREENLY ERIC W. FALLON CRAIG T. COLEMAN GENEVIEVE G. GROSSNICKLE ERIK J. GLOVER STEVEN W. CONNELL SHAROYN L. HARRIS CHRISTOPHER J. GRAHEK ELLEN H. DUFFY MICHAEL A. HAWKINS ALFRED A. HAMILTON JAMES J. GALOPPA, JR. CARLOTTA S. HEAD DAVID P. HAMMER RICKY L. GILBERT TRACI M. HEESE KEVIN G. HART KEVIN M. GLANCEY DIANA J. HEINZ MICHELLE B. HOCKMUTH MICHAEL P. GRAMOLINI CHARLES D. HENKEL SHEREEN R. HUGHES LANCE A. HARPEL MELISSA J. HOFFMAN PETER KALAMARAS, JR. CHARLES A. JOHNSON BRENDA J. HOUSTON WILLIAM J. KAYS JACKIE D. KNICK TIMOTHY L. HUDSON VIVIAN K. KEY MICHAEL LAPRADE ESTERLITTA L. JACKSON VIBOL C. KHEIV RALPH B. LYDICK TRINI L. JEANICE LELA C. KING ROSARIO D. MCWHORTER CHRISTINE M. KRAMER HEATHER A. KNESS GILBERT P. MUCKE WILLIAM L. KUHNS WILLIAM A. LATZKA JAMES L. MUNIZ FRANK LEE KERRY A. LEFRANCIS CLIFTON B. MYGATT VIKI J. LEEFERS KENNETH A. LEMONS CAROL J. SCHRADER SUSAN M. LEWIS INGRID LIM JOSE A. SEIN REBECCA J. LISI RICHARD S. LINDSAY III RICHARD W. SHARP JAMES A. MADSON WILLIAM R. LOVE KURT E. STRONACH SANDRA I. MARTIN PATRICK F. LUKES MICHAEL C. THIBODEAU PATRICK MCANDREW STEVEN D. MAHLEN JOSEPH P. TUBBS SUE A. MCCANN PAUL B. MANN GARY L. VANERT DAVID MENDOZA DANIEL E. MCCARTHY MICHAEL A. WHITT CHRISTOPHER MILSTEAD DANIEL C. MCGILL ALLEN M. WILLIAMS MICHELLE L. MUNROE JOHN A. MCMURRAY GILBERT L. WILLIAMS FLOREYCE A. PALMER JOHN J. MELTON HANNAH S. PARK CLAY R. MILLER LILLIAN M. PETERSON JOHN M. MILLER f CYNTHIA N. PHILLIPS GERARDO J. MORALEZ MELONIE G. QUANDER DANIEL J. MORONEY CONFIRMATIONS ANA L. RAMIREZ TERRELL G. MORROW YVETTE L. RILEY DONALD R. NEFF Executive nominations confirmed by DONNA S. RUMFELT JOSE I. NUNEZ LETICIA SANDROCK STEPHEN L. OATES the Senate Tuesday, July 22, 2008: REBEKAH SARSFIELD TIMOTHY G. OHAVER THE JUDICIARY MARY J. SHAW DENNIS S. PALALAY CHARLOTTE M. SHELL SHAWN I. PARSONS CATHY SEIBEL, OF NEW YORK, TO BE UNITED STATES ALLEN D. SMITH GABRIELLA M. PASEK DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW EVELYN TOWNSEND KYLE A. PATTERSON YORK. BRADLEY C. WEST JAMES G. PERKINS GLENN T. SUDDABY, OF NEW YORK, TO BE UNITED WILLIAM G. WHITE KEVIN K. PITZER STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT MICHELLE M. WILLIAMS FRANCISCO J. PORTALS OF NEW YORK.

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