24070 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 SENATE—Monday, November 17, 2008

(Legislative day of Wednesday, September 17, 2008)

The Senate met, on the expiration of RECOGNITION OF THE MAJORITY stretched for blocks to answer Senator the recess, at 12 noon and was called to LEADER Obama’s call to cast their vote for order by the Honorable JON TESTER, a The ACTING PRESIDENT pro tem- change. Yesterday, Barack Obama officially Senator from the State of Montana. pore. The majority leader is recog- ended his term in the Senate and trad- nized. PRAYER ed up to a new title: President-elect of f The Chaplain, Dr. Barry C. Black, of- the United States. It has been a pleas- fered the following prayer: ORDER FOR MORNING BUSINESS ure to get to know this fine young man and work with his remarkable intellect Let us pray. Mr. REID. Mr. President, following during his short tenure in the Senate. O God of new beginnings, as our Na- my remarks and the remarks of Sen- His presence in these Halls and on the tion greets the dawn of fresh opportu- ator MCCONNELL, I ask unanimous con- Senate floor will be missed. But the nities and daunting challenges, inspire sent that the Senate proceed to a pe- Senate’s loss is America’s gain. I look the Members of this body to trust Your riod of morning business with Senators forward to working with President- sovereignty. May they remember the allowed to speak for up to 10 minutes elect Obama, as we all do, as he con- words of the 75th Psalm, declaring that each. cludes one chapter and begins another You place leaders in positions of au- The ACTING PRESIDENT pro tem- in his life. But, as no one knows better thority. pore. Without objection, it is so or- than the President-elect, our joy in his As we pray for our outgoing and in- dered. election is tempered by a sober realiza- coming Senators, help them to place f tion of the challenges, great and grave, their ultimate trust in You, the author that lie ahead. and finisher of destinies. SCHEDULE In the 6 weeks since we have been Today we also pray for our Govern- Mr. REID. Mr. President, I, of course, gone, our economic crisis has deepened. ment’s executive branch. Sustain our welcome everyone back for what we We have seen numerous bankruptcies, President in the remaining days of his hope to be a short period of time before hundreds and hundreds of thousands of administration. Sustain also the Presi- Thanksgiving. We, of course, have com- jobs lost, consumer confidence plum- dent-elect, Barack Obama. Give him pleted this election. We still have three met, and unemployment go up to 6.5 the integrity of Joseph, the faith of Senate contests where we are waiting percent. Major companies and some Moses, and the wisdom of Solomon. to get the results. One of them should minor companies have gone bankrupt, Prepare him to mobilize the branches be decided in the next few days, the one such as Mrs. Fields cookies, one of my of our Government toward shared ob- in Alaska; the one in Georgia will be favorite places to go in a busy mall in jectives that honor Your name. Amen. decided on December 2; and the one in Las Vegas—because nearly every mall Minnesota will take, I am told, a you go to has declared bankruptcy. f month or 6 weeks. In that race they That is only one example. This morning we learned that have 3 million hand ballots, and Min- Citigroup intends to cut an additional PLEDGE OF ALLEGIANCE nesota is going to count every one of 50,000 jobs. They have already cut them. So that is going to take a while. The Honorable JON TESTER led the 20,000. We are seeing a potential melt- Pledge of Allegiance, as follows: In the summer of 1858, a young State down in the auto industry, with con- legislator from Illinois accepted his I pledge allegiance to the Flag of the sequences that could impact directly United States of America, and to the Repub- party’s nomination for the Senate with upon millions of American workers and lic for which it stands, one nation under God, a timeless speech that echoed from cause further devastation to our econ- indivisible, with liberty and justice for all. coast to coast. That speech has been omy. If ever there were a time for recited many times. He said: working together, this is it. Senators f ‘‘A house divided against itself cannot have a choice to make. We can wait stand.’’ . . . I do not expect the Union to be until January when we have a new Con- dissolved—I do not expect the house to fall— gress and a new President or we can APPOINTMENT OF ACTING but I do expect it will cease to be divided. PRESIDENT PRO TEMPORE start trying to work on some of these That is what he said. One hundred problems now. If we work together in The PRESIDING OFFICER. The fifty years later, a young Senator from the coming days, perhaps we can begin clerk will please read a communication the land of Lincoln stood on the very delivering solutions for the American to the Senate from the President pro same steps on which Abraham Lincoln people. tempore (Mr. BYRD). stood to announce his pursuit of his Today we will introduce a com- The legislative clerk read the fol- party’s nomination for President by prehensive economic stimulus plan lowing letter: calling upon our country to not just worked out with the Appropriations, U.S. SENATE, believe in his ability to change Wash- Finance, and Agriculture Committees. PRESIDENT PRO TEMPORE, ington but to believe in what we can do This legislation will invest in infra- Washington, DC, November 17, 2008. together if we set aside what divides us structure to create jobs, extend unem- To the Senate: and embrace a common purpose. Under the provisions of rule I, paragraph 3, ployment insurance for those who are of the Standing Rules of the Senate, I hereby Over the past 21 months, Barack out of work, provide food stamps to appoint the Honorable JON TESTER, a Sen- Obama has had a message of hope much help those struggling families make ator from the State of Montana, to perform like Abraham Lincoln’s which has ends meet, and provide State fiscal re- the duties of the Chair. spread across this country like a tidal lief to prevent States from being forced ROBERT C. BYRD, wave. Two weeks ago tomorrow—it to cut services and raise taxes. There President pro tempore. seems like a long time ago; it was less are other things in it, and I need not go Mr. TESTER thereupon assumed the than 2 weeks ago, Mr. President— through all of that. It is a package of chair as Acting President pro tempore. Americans waited on lines that some $100 billion.

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

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He served as a Governor of the to change things because we obviously ury Department. But the Secretary of State of Idaho and then Lieutenant have a big hole, and we have to try to the Treasury said he chooses not to do Governor of the State of Idaho and now find our way out of it. The best way to that because all it would take is one is the new Senator replacing Senator do that is to have 100 people working in stroke of a pen, and that problem CRAIG. the same way. would be solved. I had the opportunity to meet with f We also know that Federal Reserve Secretary Johanns, the new Senator- Chairman Bernanke has authority to elect from Nebraska. What an out- RECOGNITION OF THE provide funds to the automobile indus- standing person he is. I am sure he will REPUBLICAN LEADER try, but thus far neither the Treasury be a great addition to the Senate. And The ACTING PRESIDENT pro tem- Department nor the Federal Reserve I have had an opportunity to meet pore. The Republican leader is recog- has done so, and from what we have some of the Democrats who are coming nized. heard, they have no intention of doing in. f so in the near future. But this week we I think this is an opportunity for us SENATE GOALS can, Congress can, if we move forward, to become closer as a Senate family. I protect and create American jobs, help certainly hope we can do that. I hope Mr. MCCONNELL. Mr. President, working families, and prevent our we can look forward to working to- first, I would like to congratulate economy from falling even further into gether, not as partisans but as public President-elect Obama on his victory. recession. In the event there is objec- servants, all devoted to delivering the It is a rare honor for the Senate to tion to passing this important legisla- change this country needs and these send one of its own to the White House. tion, we will have an opportunity to difficult times demand. In fact, I think it has only happened vote on a second piece of legislation For me personally, I think this is two other times, Warren G. Harding that consists solely of unemployment also a time not to look back. This has and John F. Kennedy, who went di- insurance and relief for the auto indus- been a very difficult 2 years that will rectly from the Senate to the White try and the auto industry’s workforce. end come January 1. The Senate was House. Regardless of party, every one So we have the big stimulus package. If evenly divided. I mean, how much more of us, I am sure, feels a certain institu- we can’t get that, then we will move to evenly divided could it be, with TIM tional pride in the event. the unemployment compensation ex- JOHNSON taking ill and the fact that he I called the new President shortly tension together with the auto bailout. was not here, able to operate. So we after his victory to offer my congratu- I ask my colleagues to show the had a Senate where we didn’t have a lations, and he was gracious in con- American people in the face of tremen- majority. There were other things that gratulating me on my own victory dous economic pain and uncertainty we came up where we as the majority when he returned the call. As it hap- will not have to wait until January. didn’t have a majority. pened, when he returned the call, I was On another matter, Senator BENNETT grocery shopping in the local Kroger and I have made a decision that rather But there is no need to look back; we and enjoying the people passing by say- than move forward on the lands pack- need to look forward. There were rea- ing ‘‘Congratulations.’’ age, which is hundreds of bills that are sons for everyone doing what they did. There I was in front of the cereal so important to a lot of people, a lot of We can let the historians write about talking to the new President on my Senators, and certainly a lot of people what took place in the past. Let’s look cell phone. What I told him was we around the country, we are better off forward to what we can talk about as a would all be here to work with him waiting until we come back in Janu- better future for our country. With the once he takes office. I think both of us ary. Senator BENNETT and I believe we margin coming in January not being as will have more votes then. It will be close as it has been, I want everyone are eager to confront the challenges easier to do it at that time. within the sound of my voice to know ahead. I told him he can expect co- But one of the first things we are that we don’t know how these three operation on the confirmation of quali- going to do is, there will be a bipar- Senate races are going to come out. fied nominees to key Cabinet posts. tisan piece of legislation introduced They are still counting the votes. We Faced with two wars overseas and a that will include all the stuff that has don’t know what our majority is going complex financial crisis at home, the been held up these past 2 years, the so- to be. But whatever it is, if it is what American people should not have to called lands bills. That will be the first it now appears to be or we pick up one worry about a power vacuum at places or second thing we do when we come of the Senate seats or two of them or such as the Pentagon, the State De- back in January. We will move forward all of them or whatever it is, I make a partment, Treasury or the Department on that package by using rule XIV. I commitment to everyone that the only of Homeland Security. think that serves everyone’s interests. way we can succeed is by working to- Now, history offers a fairly clear We have been told that if we bring it up gether. path to success or failure for new today there would be a requirement to Everyone realizes the House of Rep- Presidents. It is there for every new read that bill. It would take more than resentatives has different rules than we President who comes in to observe. The 24 hours to do that. It is obvious that have. They can push things through be- path I have discussed with the Presi- likely there would not be the votes for cause they have a majority. Perhaps dent-elect is one that can lead to suc- that. we can push through some things be- cess. As I see it, we face a simple So, as I said, Senator BENNETT and I cause we have a majority, but I don’t choice: We can either work together to believe that is the best way to proceed, want to do that. I want to pass things confront the big issues, the big issues and I am convinced that is right. I have because it is good for the country and of the day that neither party is willing spoken to other people here who are we do it on a bipartisan basis. We need to tackle on its own or the majority very interested in this, Senator SALA- to work together. can instead focus on narrow partisan ZAR and others who believe this was so We have Senators of goodwill who are issues that appeal to a tiny sliver of important to get done, but I think dis- willing to set aside their partisan dif- the populace but which lack the sup- cretion is the better part of valor and ferences and move forward. That is port of the American mainstream. I alert everyone we will do this when what we need to do. I have said many In my view, the choice is rather sim- we get back. times, if we are able to accomplish ple, but the work that follows will not

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24072 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 be. So I hope President-elect Obama dedicated men and women who have Fitzthum was presented the John L. will go after the big things and go after served in every branch of our Nation’s Smith AMVET of the Year Award for them early. If he does, our chances of Armed Forces and every major conflict all his volunteer work for AMVETS achieving a positive result for the in the modern era. They have served to Post 17 in 2008 and Volunteer of the American people will be greatly in- keep our freedoms, so our Nation could Year from the Ohio Veterans Home in creased. remain secure. Ohioans have a long- 2006. We can start with some of the things standing tradition of service to our Nada Fleming, a registered nurse President-elect Obama spoke about on country. Ohio’s veterans include Presi- from Cuyahoga County, is a U.S. Navy the campaign trail, such as cutting dents and generals, from Grant to veteran, Desert Shield/Desert Storm. spending, paying down the national Sherman, and pioneers of American ad- Fleming is a past commander of Seven debt, providing speedy tax relief, com- vancement, such as Neil Armstrong, Hills VFW Post 7609 and was appointed mitting to a long-term strategy for en- John Glenn, and James Lovell. as National VFW Nurse of the Year for ergy independence, and reining in our But for every well-known American 2006–2007. out-of-control entitlement spending veteran, there are, of course, many Robert Haas, from Stark County, is a that threatens to consume 70 percent more heroes who have quietly served U.S. Army veteran, Korean war. Haas of the Federal budget in 9 years. Let this Nation and my State of Ohio with served as the volunteer liaison officer me say that again: Our out-of-control honor and distinction. for the U.S. Military Academy, West entitlement spending will consume 70 As our Nation looks forward to the Point, for the past 29 years. He is a percent of the Federal budget in 9 return of our loved ones from the bat- founding member and past president of years. tlefield, all of us remember the tremen- the Greater Cleveland Chapter of the These are the challenges on which dous contributions our veterans have Korean War Veterans Association No. Senator Obama campaigned. They also made to Ohio and to our country. We 69. happen to be issues upon which Repub- are humbled by their patriotism and Dale Huffman, from Montgomery licans and Democrats should be able to their bravery. County, is a U.S. Army veteran. His reach some agreement. The American On Veterans Day and every day, it is public broadcasting skills have helped people are looking to us to resolve my honor to thank Ohio veterans and to energize veteran advocacy, and he these issues, and Senate Republicans their families for their service to our was inducted into Dayton’s Walk of are eager to get that work done. great State and our great Nation. Fame on September 25, 2008. The ACTING PRESIDENT pro tem- The Ohio Veterans Hall of Fame was Charles Ianni, deceased, was from pore. The majority leader is recog- created in 1992 to recognize the life- Cuyahoga County, U.S. Army veteran, nized. time contributions of veterans, not World War II. Ianni was named Veteran Mr. REID. Mr. President, let me say just those who serve their country in of the Year by Cuyahoga County and through the Chair to my distinguished the Armed Forces but also those who was a charter member of the John counterpart, congratulations on your continue to give back since they left Towle Chapter of the 82nd Airborne Di- victory. As George Will, the esteemed the service. I honor, congratulate, and vision Association, Special Forces columnist, wrote over the weekend, he salute all of them. Chapter. compared your victory to Henry Clay, The Ohio Veterans Hall of Fame James Johnson, from Franklin Coun- and I know the Senator is from the Class of 2008 is made up of several men ty, is a U.S. Air Force veteran. John- State of Kentucky. So I congratulate and women whose stories I would like son was awarded the AFCRC Certifi- you on years of hard work. to briefly tell. cate of Recognition for his contribu- Mr. MCCONNELL. I thank my friend, Samuel Arnold, from Butler County, tion, support, and distinguished service the majority leader. is a U.S. Army veteran, Vietnam war. to his community, especially in the Arnold is a member of the Veterans of area of veterans affairs in 2007. f Foreign Wars Post 4369 board of trust- Jack M. Kennedy, from Franklin RESERVATION OF LEADER TIME ees and provides dentistry to veterans County, is a U.S. Navy veteran, Viet- nam war. Kennedy has served in the The ACTING PRESIDENT pro tem- who reside at Joseph House at little or Navy League of the United States, pore. Under the previous order, the no cost. Paul Baldridge, Jr., from Franklin where he has held various positions, in- leadership time is reserved. County, is a U.S. Navy veteran. cluding Navy League council president. f Baldridge has served in a number of He is a lifetime member of the Military MORNING BUSINESS veterans organizations, including the Officers Association of America. Navy League of the United States, Margaret Kruckemeyer, a nurse, The ACTING PRESIDENT pro tem- where he has held positions as State from Green County, is a U.S. Army vet- pore. Under the previous order, the president, national director, and vice eran. Kruckemeyer is the president of Senate will proceed to a period of president. the American Veterans Heritage Com- morning business, with Senators per- Oscar Decker, Jr., from Union Coun- mission and is past national board mitted to speak for up to 10 minutes ty, is a U.S. Army veteran, Army Na- member on the Nurses Organization of each. tional Guard and Army Reserve in Veterans Affairs Foundation. Mr. REID. Mr. President, I suggest World War II and Vietnam. Decker or- Samuel Lanza, from Trumbull Coun- the absence of a quorum. ganized the Union County Military ty, is a U.S. Marine Corps veteran, The ACTING PRESIDENT pro tem- Family Support Group in 2003 and was World War II. Lanza was appointed to pore. The clerk the will call the roll. awarded the Legion of Honor Award the Trumbull County Veterans Service The assistant legislative clerk pro- from the Chapel of the Four Chaplains Commission in 1997. He is a past State ceeded to call the roll. and the American Legion of Merit. commander for the Disabled American Mr. BROWN. Mr. President, I ask Rebecca Eden, a registered nurse Veterans. unanimous consent that the order for from Cuyahoga County, is a U.S. Army Gregory Lashutka, from Franklin the quorum call be rescinded. Nurse Corps veteran, World War II. County, is a U.S. Navy veteran. The ACTING PRESIDENT pro tem- Eden is a lifetime member of Gold Star Lashutka is the former mayor of the pore. Without objection, it is so or- Wives and AMVETS. She was presented city of Columbus and was selected as dered. with the Veterans Affairs Commenda- Municipal Leader of the Year in 1993. f tion given by the Ohio Veterans Com- He has maintained continuous mem- mission for helping veterans pursue bership in the Columbus Chapter of the OHIO’S VETERANS educational goals in 1982. Navy League and has provided support, Mr. BROWN. Mr. President, Ohio is Eugene Fitzthum, from Erie County, counsel, and advice to individual vet- home to more than 1 million veterans, is a U.S. Army veteran, World War II. erans and veterans groups.

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Erwin Morse, from Clark County, is a ator SANDERS—many of us on the Vet- most important and immediate ways to U.S. Air Force veteran. Morse retired erans Affairs Committee—Senator stimulate the economy. from the U.S. Air Force and went to MURRAY and others, and, of course, Relief for financial institutions was work at the Dayton Veterans Adminis- Chairman AKAKA, made major gains in intended to prevent massive job loss, to tration Medical Center. He is the health and education benefits for vet- stabilize the economy, to stem fore- founder of the Honor Flight Network erans with the new GI bill—the most closures. Extending unemployment in- which raises funds and collaborates important benefits granted, the largest surance is intended to promote job with a number of organizations to pro- amount of benefits granted since the growth, to stabilize the economy, and vide an opportunity for our Nation’s original GI bill several decades ago. I to stem foreclosures. It is the smart World War II and terminally ill vet- am appreciative of the work of my col- thing to do. It is the right thing to do. erans from around the country to expe- leagues on that issue. It holds one important advantage over rience the National World War II Me- f the financial bailout. The people who morial in Washington, DC. benefit directly from an extension of EXTENSION OF UNEMPLOYMENT Stanley Pace, from Cuyahoga Coun- unemployment compensation, from an BENEFITS ty, is a U.S. Air Force veteran, World extension of unemployment insurance, War II. Pace has been active in the Boy Mr. BROWN. Mr. President, when I live on Main Street, with not a single Scouts of America since 1958 and was think about the debate over extending Wall Street CEO in sight. awarded the Silver Beaver and the Sil- unemployment insurance, some ques- I yield the floor. ver Antelope for his service. He is also tions come to mind. The ACTING PRESIDENT pro tem- active in the United Way of Cleveland Does anyone in Congress want more pore. The Senator from California. and served as chairman of the annual American families to lose their homes? Mrs. FEINSTEIN. I thank the Chair. United Way fund drive. Does anyone in Congress want more (The remarks of Mrs. FEINSTEIN per- Elva Pounders, from Summit County, American children to go to bed hun- taining to the introduction of S. 3685 is a U.S. Marine Corps veteran, Viet- gry? are printed in today’s RECORD under nam war. Pounder is vice chairman for Does anyone in the House or Senate ‘‘Statements on Introduced Bills and the Governor’s Advisory Committee on want more American families to stop Joint Resolutions.’’) Women Veterans and was awarded the paying their heating bills, to delay Mrs. FEINSTEIN. Mr. President, I 500 Hour Award for her extraordinary their credit card payments, to skip out suggest the absence of a quorum. volunteer efforts at Brecksville VA on their health care bills? The ACTING PRESIDENT pro tem- Medical Center in 2006. Does anybody in the House or Senate pore. The clerk will call the roll. Tony Sustarsic, Cuyahoga County, is want consumer spending to slow even The legislative clerk proceeded to a U.S. Army veteran, World War II. further, dragging our economy from re- call the roll. Sustarsic is the founder, past presi- cession to something even worse? Mr. SPECTER. Mr. President, I ask dent, and lifetime member of Euclid Assuming the answer to any of these unanimous consent that the order for Veterans Club. He is also a fundraiser questions is no, then voting to extend the quorum call be rescinded. for the Veterans of Foreign Wars Post unemployment insurance for current The ACTING PRESIDENT pro tem- 1056 and American Legion Post 343. job seekers should not be a fight, it pore. Without objection, it is so or- William Willoughby, Jr., from Lake should be a formality. dered. County, is a U.S. Army veteran, Viet- This Chamber approved a massive f nam war. Willoughby is a U.S. Military bailout of the financial industry, not ECONOMIC AID TO THE Academy admissions coordinator and because investment bankers might AUTOMOBILE INDUSTRY serves on the Veterans Issues Com- have to forsake that second or third mittee. He was very helpful to me in Mercedes, not because Wall Street bo- Mr. SPECTER. Mr. President, I have selecting young men and women for nuses might drop from eight figures to sought recognition to comment on two West Point, for the U.S. Military Acad- seven figures. We approved that bailout issues relating to our current economic emy, when I was a Member of the because when credit markets freeze, problems which are so widespread in House of Representatives. businesses cannot get working capital, our country. One is the proposed eco- Herman Zerger, a long-time friend of and when businesses cannot get work- nomic aid to the automobile manufac- mine, is from Monroe County, U.S. ing capital, Americans lose jobs, and turers and the second is the proposed Army veteran, with service in World when Americans lose jobs, their fami- assistance to people who are threat- War II and a prisoner of war. Zerger lies suffer, their communities suffer, ened with foreclosure. was one of the founding charter mem- and our Nation suffers. The suggestion has been made that bers of the Veterans of Foreign Wars It all comes down to Main Street there should be very substantial Fed- Post 5303. He is an active participant in Americans who want to work, who eral economic aid to the automobile Ohio No. 1, American Ex-Prisoner of want to pay their bills, who want to manufacturers, focusing at the mo- War. take care of their families; their well- ment on General Motors. I am prepared As a Member of the Senate Veterans being is tied to the well-being of our to consider that issue providing we Committee, on which I serve with the economy and our Nation. Unemploy- have a factual and evidentiary basis Presiding Officer from Montana, my ment insurance is the mechanism by which would warrant such economic colleague, Senator TESTER, it has been which Americans looking for jobs but aid, with an analysis of the current fi- my privilege to hear from Ohio vet- who have lost their jobs can sustain nancial situation of General Motors, erans across the State about what mat- their families, can keep their financial with an analysis of what the proposals ters most to them. Those discussions commitments, can afford the tools are to assist General Motors in a way with veterans at roundtables and hear- needed to find a new job. which would be realistically calculated ings in Ohio reinforce my profound re- I have heard too many cases where to keep General Motors in operation, spect for our veterans. people could not even fill their gas and with an evidentiary base to show It is our duty as Members of Congress tanks to go out searching for jobs, par- that there is not some preferable alter- to do all we can to provide the services ticularly in rural northwest and rural native with respect to letting the mar- they have earned and deserved. I look southeast Ohio. ket take its course. forward to working with veterans and Extending unemployment insurance It seems to me indispensable that if their families in the coming years to is key to getting the economy going. It Congress is to undertake that kind of ensure that Ohio veterans’ voices are injects dollars into the economy and analysis that there is going to have to heard in Washington. helps people meet their obligations, be regular order followed as to how we We made major progress last year. raise their kids, and do what they need legislate in this body. And that was not Senator TESTER, Senator WEBB, Sen- to do in the community. It is one of the done on the recent $700 billion proposal

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24074 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 which was passed by the Congress last known generally that there was a good was a projection for a Senate vote on month. Our regular order requires that bit in the legislative proposal of what Wednesday. I wrote to Senator REID there be a legislative proposal, a bill we refer to as grants or pork, which and Senator MCCONNELL, a letter very written down which can be read, stud- turned out to be very, very embar- similar to the one I wrote on Sep- ied, and analyzed. After there is a bill, rassing. But faced with that kind of an tember 21, urging that we not rush to to have hearings with the appropriate emergency situation, my vote was cast judgment and asking that there be con- committee and to hear proponents of in the affirmative. sideration of a great many of these the plan and to hear opponents of the The vote was 474 to 25, a very heavy issues if we were to make some sensible plan and then to have in regular order margin in support of the legislation, determination as to financial aid to the a committee markup where the mem- and it was a rush to judgment, without automobile industry. I sent copies of bers of the committee sit down—in this following regular order and without this letter, again, to Treasury Sec- case the Banking Committee, which considering so many of the critical retary Paulson and to Federal Reserve has jurisdiction—look over the bill and issues which should have been taken up Chairman Bernanke, and also to the then mark it up—that is goes over the in the regular course of Senate busi- chief executive officers of General Mo- bill line by line. Then a report is writ- ness. tors, Ford, and Chrysler. ten. The report comes to the full mem- I traveled my State during the course I ask unanimous consent that copies bership, the Senate has debate, amend- of the month of October, as it is my of these letters be printed in the ments may be offered, and then the custom to touch each of Pennsylva- RECORD. Senate works its will on passing a bill, nia’s 67 counties each year, and the There being no objection, the mate- if the Senate chooses to do so. number one item on the agenda was rial was ordered to be printed in the A similar proceeding occurs in the the $700 billion economic aid program. RECORD, as follows: House of Representatives, and then And candidly, the temperature of my U.S. SENATE, there is a conference with Members of constituents was boiling—212 degrees COMMITTEE ON THE JUDICIARY, the two bodies coming together for a Fahrenheit—and the thermometer was Washington, DC, September 23, 2008. broken. I see the distinguished Senator HENRY M. PAULSON, Jr., presentation to the President, who Secretary of the Treasury, Department of the then has ideas maybe involved in the from Maryland, Senator MIKULSKI, Treasury, Washington, DC. legislative process, and he signs or ve- nodding in the affirmative that that BEN S. BERNANKE, toes. was the situation in her State as well. Chairman of the Board of Governors, Federal Regrettably, that was not done dur- Now we are asked to have economic aid Reserve System, Washington, DC. ing the passage of the $700 billion eco- for General Motors. There has been a DEAR SECRETARY PAULSON AND CHAIRMAN nomic aid proposal, and it was not figure of some $25 billion which is BERNANKE: I write to you because I am in the done, I submit, much to the disadvan- talked about. I am prepared to consider process of deciding how to vote on legisla- tion to deal with the economic crisis. I agree tage of the country. When this issue that, but only if there is an under- that there is need for federal action; but I was under consideration, I wrote to the standing of what are the facts, what is am concerned that we not rush to judgment majority leader and the Republican the evidence; is there a factual and evi- without giving sufficient attention to the leader by a letter dated September 21 dentiary base for Congress to do this? many complex issues which are involved. urging that we not rush to judgment; I am told informally that it takes $11 At the outset, the, or a, precipitating saying that we ought to follow regular to $14 billion in cash to operate Gen- cause was the fact that hundreds of thou- order in the way we handle this mat- eral Motors. sands of people, perhaps as many as five mil- But they now have $16.2 billion. They lion, faced an inability to make their mort- ter. gage payments and eviction from their Mr. President, I ask unanimous con- have $50 billion in bonds that are per- homes. These mortgages were ‘‘securitized,’’ sent to have inserted in the RECORD a haps worth in the range of $20 billion divided up and sold in packages to many peo- copy of this letter following my re- or a little more in the market that ple or entities. As a result, it was not always marks. yield 9 percent in interest. On the mar- clear who had the authority to adjust these The ACTING PRESIDENT pro tem- ket value, that would put their bor- mortgages, and when it was clear, adjust- pore. Without objection, it is so or- rowing somewhere over 20 percent. The ments were not made quickly enough. Last dered. question comes to my mind: Isn’t that November, Senator Durbin introduced S. 2136 (See exhibit 1.) expensive? Couldn’t that be modified? and I introduced S. 2133 to give the bank- Mr. SPECTER. On September 23, I ruptcy courts authority to revise home- But I have yet to see any semblance of owners’ financial obligations. Keeping people wrote to Secretary of the Treasury a plan for General Motors to become in their homes should be a, if not the, funda- Paulson and the Chairman of the Fed- viable. What are the prospects? mental object of congressional action. eral Reserve Ben Bernanke raising General Motors and the automobile After assisting homeowners, a decision quite a number of issues looking to industry generally—the industry has should then be made as to what additional what the merits of the proposal were. been on notice for a long time that federal aid is necessary to unclog the lending On September 27, I wrote again to Sec- they were in a very difficult competi- pipelines and restore confidence and stabilize retary Paulson, Chairman Bernanke, the economy. I am very skeptical about tive situation; that the standards on granting authority to spend $700 billion on also again to the leaders of the House gas mileage were about to be imposed other aid without standards as to who should and Senate, and also to the key mem- and were imposed in legislation last get the funds and a requirement that there bers of the committee raising a series year. What have they done? be demonstrated necessity that such addi- of questions. I have yet to receive an We have been told it is not advisable tional expenditures are indispensable to sta- answer to any of these letters. to consider chapter 11 proceedings bilizing the economy. On September 29, I was informed that under bankruptcy. But we know that Then there is the question of oversight and we would have a session after the Continental and U.S. Air have gone regulation. Obviously, there must be over- House of Representatives defeated the sight and some regulation to prevent a re- through that. currence. As I see it, the regulation must be proposal, which was a surprise; that We are told that the warranties calibrated to those objectives and not go too there would be a session on Wednesday, would not be sustainable and that peo- far. Vigorous enforcement of our laws to pre- October 1, at 7:30 in the evening, and ple would lose confidence. There may vent market manipulation, as well as added the Senate was then confronted with a be ways to address that kind of issue transparency, should be a priority. proposition to either take it or leave with a fund set up for warranties to be I hear tremendous resentment from my it. No amendments could be offered. By funded. constituents on this matter. In a free enter- this time, the original proposal had ex- All of these are questions which, it prise society, entrepreneurs may undertake whatever risks they choose to secure big panded from 4 pages, which Secretary seems to me, need to be answered. profits, but when there are losses, they Paulson had initially submitted, and it When we were informed through a vari- should not turn to the government for a bail- had expanded to more than 100 pages, ety of sources that we would be in a out which puts the burden on the taxpayers. then to more than 400 pages. It was un- lame duck session starting today, there The firms/corporations and their executives

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24075 who created the crisis should not profit from dorsed a plan which had not been given ap- vere impact on our economy. I am prepared a federal bailout. If it is not already a part propriate consideration. to give fair consideration to economic aid to of your proposal, you should consider struc- There are many complex questions which General Motors and other automobile manu- turing the funding in a way that gives the need to be answered before the Senate can facturers because of the national interest in- Government a preferred creditor position even begin to make a preliminary assess- cluding the many jobs at stake in Pennsyl- and a share in ultimate profits, rather than ment on aid to the auto manufacturers. We vania; but I am not prepared to vote for an- simply buying up debt which has declined in need to know the specifics on General Mo- other massive bailout unless a solid case is value. And any aid should be conditioned on tors’ financial situation. It is reported that made following regular Senate order with the elimination of golden parachutes or GM has sufficient cash to keep it afloat for hearings, committee mark-up, floor debate large compensation packages. a substantial period of time so that imme- and an opportunity to offer amendments. Also, I am concerned about reports that diate financial aid is not indispensable. I am sending a copy of this letter to Treas- foreign corporations, with a United States It has been further reported that General ury Secretary Paulson and Federal Reserve affiliate, will participate in a federal bailout. Motors has sufficient cash and liquidity to Chairman Bernanke. When the September If foreign corporations are to get funding, continue to operate if it was not for the serv- bailout was under consideration, I wrote to then foreign governments ought to bear icing of the debt estimated to be about $50 Mr. Paulson and Mr. Bernanke by letter their fair share. billion. That debt is said to have a market dated September 23, 2008 raising a number of I know there is concern that Congress value perhaps as low as $20 billion and cur- questions. I have yet to receive an answer to must act promptly or the economy may de- rently calls for an interest rate of 9% annu- that letter. I would like the views of Mr. teriorate further. It seems to me that Wall ally so that General Motors is paying well Paulson and Mr. Bernanke on the issues Street should and would understand that leg- over 20% on the realistic value of the bonds. raised in this letter. islation on this complex matter requires Some readjustment on that debt and interest I am also sending copies of this letter to some time. If it is seen that Congress is mov- might alter significantly General Motors’ General Motors Chairman and CEO Rick ing as swiftly as practicable, that ought to need for federal aid. Wagoner, Ford President and CEO Alan stem the tide. But we can only do it as fast We further need to know what are the real- Mulally, and Chrysler Chairman and CEO as realistic to work through the legislative istic prospects that financial aid will solve Robert Nardelli with the request that they proposals and resolve these intricate issues. the problem without having GM and the give me their views on the issues raised in These are issues which come to my mind at other automakers come back for more. The this letter. the moment and I am sure there will be more automakers have certainly had sufficient no- Sincerely, as the hearings progress and the debate oc- tice for years, if not decades, that they had ARLEN SPECTER. curs. I would appreciate your responses as to make major changes to become competi- The PRESIDING OFFICER (Mr. promptly as possible. tive and yet failed to do so. It was well WEBB). The Chair has been asked to Sincerely, known that at some point Congress would note that the Senate is in a period of ARLEN SPECTER. mandate mileage standards but the auto- makers did not act aggressively until faced morning business, with comments lim- U.S. SENATE, with a congressional mandate. We have now ited to 10 minutes. The Senator from Washington, DC, November, 14, 2008. approved $25 billion in federal aid to assist in Pennsylvania has spoken for 11 min- Hon. HENRY PAULSON, meeting mileage standards. Why couldn’t utes and the senior Senator from Mary- Secretary of the Treasury, Washington, DC. there be a change in legislation to allow land is on the floor. Hon. BEN BERNANKE, those funds to be made available faster and Mr. SPECTER. Mr. President, I ask Chairman, Federal Reserve Board. to broaden their use beyond retooling fac- unanimous consent to continue for 5 GENTLEMEN: With this letter, I am enclos- tories? It would be preferable from the tax- more minutes. ing a copy of a letter which I am sending payer point of view to utilize funding already The PRESIDING OFFICER. Without today to Senate Majority Leader Harry Reid available in a more efficient manner, rather and Republican Leader Mitch McConnell. than devoting additional resources to this objection, it is so ordered. I would appreciate your views on the issues industry. Mr. SPECTER. I thank my colleague which I have raised in that letter. By letter Beyond these surface questions, there from Maryland. dated September 23, 2008, I wrote to the two needs to be a great deal of analysis through Mr. President, it seems to me these of you asking questions about the September the hearing process of many other complex are key questions which need to be an- bailout proposal and have never received an questions. swered. The automobile industry obvi- answer. If the federal government had not bailed ously is of enormous importance in our Sincerely, out Bear Stearns, AIG and passed the $700 country. Not to have the automobile ARLEN SPECTER. billion bailout, the auto-makers might not now be asking for the same treatment. If the industry would have very severe eco- U.S. SENATE, auto-makers are bailed out, it is a virtual nomic consequences. But we do have to Washington, DC, November 14, 2008. certainty that Congress will next hear bail- have answers to these questions in reg- Hon. HARRY REID, out requests from other sections of the econ- ular order. We need to take these mat- Majority Leader, omy. Insufficient consideration by the Treas- ters up so we can cast an intelligent U.S. Senate. ury Department and the Federal Reserve fol- vote on this kind of economic aid. The Hon. MITCH MCCONNELL, lowed by the rush to judgment by Congress question I would supplement is—I Republican Leader, on the $700 billion has left my constituents heard it from my constituents—Who is U.S. Senate. perplexed about the competency of the fed- next? Bear Stearns was given economic DEAR HARRY AND MITCH: In considering eral government to respond rationally to the what action, if any, to take on financial aid current problems. In a series of town meet- aid, Lehman Brothers was not, and per- to General Motors and the other auto manu- ings in October, I found the temperature of haps that was a mistake—perhaps not. facturers, I urge that the Senate follow reg- my constituents at 212 degrees Fahrenheit AIG was given considerable economic ular order and not rush to judgment. over the $700 billion bailout legislation. In aid. Fannie Mae and Freddie Mac were By letter dated September 21, 2008 I wrote extensive discussions with economists, bank- given considerable economic aid. If we to you two leaders with the same rec- ers and other financial experts, I have heard are to make an intelligent decision, we ommendation on following regular order on a virtually unanimous adverse reaction to are going to have to take a look at the bailout plan then under consideration, bailing out General Motors and/or other and then Congress proceeded to act precipi- automakers. My constituents are frustrated these important questions. tously without appropriate consideration for with the lack of transparency in doling out EXHIBIT 1 all the complex issues involved. It is true the $700 billion and the change of course UNITED STATES SENATE, that the Senate was faced with an emer- from purchasing ‘‘troubled assets’’ to one of Washington, DC, September 21, 2008. gency situation on October 1st when the Dow injecting funds directly into banks. What as- Senator HARRY REID, had plunged 777 points after the House of surances would we have that these funds for Majority Leader, U.S. Senate, Representatives rejected the proposed legis- the auto industry would be spent wisely, and Washington, DC. lation on September 29th. Senators were as intended by Congress? Isn’t it wiser to let Senator MITCH MCCONNELL, then faced with voting yes or no without the market make those decisions? Minority Leader, U.S. Senate, having the customary hearings, committee I will be looking for answers to these and Washington, DC. markup, floor debate and an opportunity to other questions when the Senate returns for DEAR HARRY AND MITCH: As you project the offer amendments. As a result, the legisla- the lame duck session next week. I voted for Senate’s schedule, I urge that we not rush to tion was filled with pork since no one had an the bailout on October 1st because of the om- judgment and take whatever time is nec- opportunity to strike it and the Congress en- inous prospect of a domino effect and its se- essary on any proposed legislation to deal

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24076 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 with the nation’s economic problems. The falls our American automobile indus- can get out of its economic problems. public, our constituents, have a great deal of try and the question of whether to ex- We need to bring all of the stake- skepticism, which I share, about legislation tend assistance to the American auto- holders to the table—management, which will let Wall Street ‘‘off the hook’’ and mobile industry and its workforce. labor, lenders, suppliers—to figure out pay insufficient attention to Main Street, middle class Americans. What we are going to do—either this how to revitalize the American auto in- It is important to focus the legislation on week or whether it is postponed into dustry to make it competitive in the the hundreds of thousands of homeowners January—is going to determine the fu- future while saving those good Amer- who are at risk of losing their residences to ture of a key manufacturing sector and ican jobs. foreclosure. millions of American jobs. So this Senator’s conclusion is that In deciding what additional powers to give Some of our colleagues have said we any Federal assistance we provide for to the federal regulators, I believe we should should not interfere with the free mar- the American auto industry is going to give careful consideration to not extending ket, that we should allow businesses have to include these conditions. those powers beyond the current crisis and First, we must insist that the auto- take steps to prevent a recurrence. that have acted irresponsibly to fail I have read reports that some Wall Street and to be replaced by more efficient makers increase average miles per gal- firms, whose conduct has created the crisis, competitors. I must say I have some lon to 40 miles per gallon in 10 years will benefit from a congressional legislative sympathy for that view. For too long, and to 50 miles per gallon by 2020. Why fix. We should do our utmost to see to it that our U.S. domestic automakers have do I say this? There are cars, fleets in those responsible for the crisis bear the max- sailed against the winds of change and Japan, that are already driving at 50 imum financial burden on any bailout in have failed to produce vehicles for the miles per gallon. In Europe, the cars order to minimize the taxpayers’ exposure. 21st century—for that matter, for the are being driven at 40 miles per gallon. There are reports that the bailout might We are talking about 12 years in the fu- be extended to foreign firms with United last half of the 20th century. States affiliates. In my view, the legislation This is not the first time this Sen- ture to achieve this. Technically, it must be carefully tailored for United States’ ator from Florida has faced this issue, can be done if we but have the will. interests and if foreign firms, even if United for, as a young Congressman years ago, Look, in the 8 years this Senator has States affiliates are to be involved, then con- we had a similar issue facing us with been in the Senate, every year we have sideration should given to appropriate con- the bailout of the Chrysler Corpora- gotten beaten by the U.S. automakers tributions from those foreign governments. tion. I voted for that bailout, which in- as we have tried to increase the miles I realize there is considerable pressure for cluded some $4 billion. In retrospect, per gallon in the fleet average. They the Congress to adjourn by the end of next that was the right decision because beat us one way or another, and they week, but I think we must take the nec- would always say: Let the consumer essary time to conduct hearings, analyze the Chrysler did reinvent itself. But the Administration’s proposed legislation, and circumstances were different because decide—all along while the foreign demonstrate to the American people that Chrysler had at its helm a man who we automobile makers were getting pre- any response is thoughtful, thoroughly con- believed would go in and reform Chrys- pared to eat their lunch. As their lunch sidered and appropriate. ler, and that was Lee Iacocca. As I look was being eaten, year by year, they Sincerely, across the landscape of the American continued to still fight us on the miles- ARLEN SPECTER. automobile industry, I am wondering, per-gallon standards. Finally, we had a (The remarks of Mr. SPECTER per- where are the Lee Iacoccas? We do not little victory, just a year ago, that was taining to the introduction of S. 3686 see them. conditioned upon giving them—giving are located in today’s RECORD under It is this Senator’s judgment that them—$25 billion in return for them ‘‘Statements on Introduced Bills and there should be no bailout of the Amer- agreeing they would move to 35 miles Joint Resolutions.’’) ican automobile industry. There should per gallon but not until the year 2020. The PRESIDING OFFICER. The Sen- not be a reward for poor management. We have to stop this kind of foot-drag- ator from Maryland is recognized. But because of the American jobs at ging that has gotten them to the place (The remarks of Ms. MIKULSKI and risk, because of American manufac- they are now. So for any Federal as- Mr. BOND pertaining to the introduc- turing at risk, I support a Federal loan sistance in the form of a loan we must tion of S. 3684 are printed in today’s with serious restrictions. insist they increase their miles per gal- RECORD under ‘‘Statements on Intro- I want to discuss some of those re- lon. duced Bills and Joint Resolutions.’’) strictions. I come to this position hav- Second, the automakers must in- Mr. BOND. I yield the floor and sug- ing fought tooth and nail against the crease the production of flex-fuel, elec- gest the absence of a quorum. automobile companies when they tric, and plug-in hybrid vehicles. Prices The PRESIDING OFFICER. The dragged their feet on implementing re- of gasoline at the pump have obviously clerk will call the roll. sponsible fuel economy standards. fallen in recent weeks, but they are not The assistant legislative clerk pro- They insisted, sometimes with croco- going to stay low forever, and that is ceeded to call the roll. dile tears, they could not meet those another whole subject. As soon as all Mr. NELSON of Florida. Mr. Presi- miles-per-gallon requirements, and: the speculators start getting back into dent, I ask unanimous consent that the Oh, by the way, let the consumers de- the oil futures contracts market order for the quorum call be rescinded. cide. Those automobile makers are now again—which have been deregulated, so The PRESIDING OFFICER. Without coming to us asking for our assistance. there is no regulation on the specu- objection, it is so ordered. But that is not the full picture. As lators—they will run the price right Mr. NELSON of Florida. Mr. Presi- the President-elect has said, a failure back up. Remember, the price of a bar- dent, as I understand it, we are in of the American auto industry would rel of oil is down in the range of $50 or morning business? be disastrous not just for many Ameri- $60 now. It went all the way to $147 a The PRESIDING OFFICER. The Sen- cans who work for the industry but for barrel. When the world economy start- ator is correct. the entire economy because those jobs ed getting into trouble and they needed Mr. NELSON of Florida. Mr. Presi- ripple with the multiplier effect cash, they started bailing out of those dent, I would like to be recognized. through the economy. So whether you futures accounts, so that brought the The PRESIDING OFFICER. The Sen- are considering assembly plants or sup- price of a barrel of oil down. While sure ator from Florida is recognized. pliers or dealerships, we would face sig- as shootin’, if we do not impose some f nificant layoffs in all 50 States. It regulations on the commodity futures would push us further and further into trading market, those speculators are FEDERAL LOAN TO THE AMER- an economic hole. We simply cannot going to take over in the future, the ICAN AUTOMOBILE INDUSTRY let that happen, but we cannot allow a price of oil is going to go back up, and Mr. NELSON of Florida. Mr. Presi- bailout. It has to be a Federal loan the price at the pump—which I just dent, later this week the Senate is with a workout, and that is a financial filled up my car for $2.12 a gallon back going to consider this question that be- term to restructure how a company in Orlando, FL—is going to go back up.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24077 We need to end our dangerous addic- The PRESIDING OFFICER. The securities and things that were inher- tion to oil, and we need to find new and clerk will call the roll. ently risky that caused major problems renewable sources of energy. American The assistant legislative clerk pro- and collapse in the 1930s. automobile makers ought to be leading ceeded to call the roll. It is easy to forget lessons. The Con- the way instead of the opposite of what Mr. DORGAN. Mr. President, I ask gress over the years, Presidents over has happened over the last three dec- unanimous consent that the order for the years, and certainly the financial ades. the quorum call be rescinded. services industry moved ahead. I hark- Third, we must place limits on execu- The PRESIDING OFFICER. Without en back to 1999, when something called tive compensation and eliminate the objection, it is so ordered. the Financial Modernization Act was executives’ golden parachutes. Tax- Mr. DORGAN. Mr. President, I ask passed by the Congress. I said then it payer money should not be used to re- unanimous consent to speak for 20 min- was a terrible thing to have done. It ward individual executives until the utes as in morning business. stripped apart the Glass-Steagall Act taxpayers have been repaid. The PRESIDING OFFICER. Without and essentially said you can create big Let me divert from the automobile objection, it is so ordered. bank holding companies, you can put industry for a minute. There is a simi- f firewalls in, you can merge real estate larity about executive compensation and securities with banking; it will all FINANCIAL CRISIS and golden parachutes and what we be fine. That was in 1999. have done with the big economic bail- Mr. DORGAN. Mr. President, I think In fact, here is what I said during out of Wall Street, which this Senator it is obvious to all Americans that we that debate on the floor of the Senate: voted against. Well, lo and behold, over face a very severe and difficult finan- I say, to people who own banks, if you the course of the weekend, I happened cial crisis. We have had an election. want to gamble, go to Las Vegas. If to be talking to a major bank CEO. The American people have voted for you want to trade in derivatives, God This banker told me his bank is in good change. We now face significant chal- bless you. Do it with your own money. shape; he doesn’t need any of the bail- lenges. I was thinking, as I was walk- Don’t do it through deposits that are out money. But because some of his ing over to the floor of the Senate, guaranteed by the American people. competitors are in bad financial shape about a visit I had recently at a nurs- When we passed the Financial Mod- and need the money and are taking it ing home in North Dakota. ernization Act—and I was one of eight from the Secretary of the Treasury, he This financial crisis is probably the Senators to vote no, I said this during needs to take it, too, because they most significant financial crisis since debate: The bill will, in my judgment, would be at a competitive disadvantage the Great Depression. We don’t know raise the likelihood of future massive against the ones that are hurting that where this will go. We don’t know how taxpayer bailouts. It will fuel the con- need to take the money. He says: We many will ultimately be unemployed. solidation and mergers in the banking don’t want to take it, but we don’t We don’t know how long it will last. and financial services industry at the want to be at a competitive disadvan- This is a recession. We hope it is not expense of customers, farm businesses, tage. Because of that, whenever they extraordinarily deep. We hope we can and others. do take it—remember, there are sup- find the menu to overcome it and the I regret I was right. Massive taxpayer posed to be some rules in there on exec- kinds of policies to try to make certain bailouts. It didn’t take quite a decade. utive compensation and golden para- we move from this position to a posi- It took 9 years. Now we see the largest chutes. This CEO is retiring before the tion of economic strength and eco- proposed bailouts in the history of our money comes in, so the bank still pays nomic growth, once again. country. out the huge compensation. What we But I went to a nursing home in It was a time of self-regulation. Alan are dealing with, with the Wall Street North Dakota because North Dakota’s Greenspan, the head of the Federal Re- $700 billion bailout, has to apply to oldest citizen was there. She had a serve Board, said the financial services automakers as well. We should not re- birthday. She is a 110-year-old woman; industry will regulate itself. Well, not ward those executives until the tax- very lucid, very conversational. We quite. Here is what Alan Greenspan payers have been repaid. talked about the Great Depression, as a Fourth, the automakers should not said last month: matter of fact. We talked about the pay dividends to shareholders until I made a mistake in presuming that self in- tough times in her life. She was born in they have returned to financial health. terests of organizations, specifically banks 1898. By the way, her niece was there at It is a simple, straightforward condi- and others, were best capable of protecting the nursing home who had put on a their own shareholders and their equity in tion on us giving them taxpayer money birthday party for her in August. Her the firms. in order to get them back to financial niece is 103 years old and her son, who What an unbelievable mistake. Regu- health. Fifth, I wish I didn’t have to say this, is still farming, is 80 years old. lators that were willfully blind saying: but there are no Lee Iacoccas now. The I had a chance to talk to them all You know what. We will pass the Fi- current senior management should be about what life was like from 1898 to nancial Modernization Act allowing replaced. We need new leadership. We 2008. One of the significant things she real estate, securities, and banking to need fresh thinking. We need new peo- remembered was the difficulty of the come back together, forgetting the les- ple, new eyes, new ears to steer us out Great Depression in the 1930s, when it sons of the Great Depression. Then, of this mess. We cannot reward those was hard to find jobs and people had those who were hired to regulate de- leaders whose poor decisions and poor soup lines in the major cities and peo- cided self-regulation will work. We judgment and sometimes selfishness ple were struggling to try to make ends don’t have to regulate. We will be will- got us to where we are now. meet. fully blind. So what happened? Well, We are going to face difficult choices. Well, I think a lot of folks from the the subprime loan scandal happened. There are going to be tough times. 1930s forward felt we would never again The subprime loan scandal, of course, Again, to quote a phrase from the see these days because we put in place is at the root of this because it is most President-elect: We need to act with all economic stabilizers and we put in evident of the greed that exists in our deliberate haste but with an emphasis place provisions in law that prohibited economy in recent years. It resulted in on deliberate. We cannot simply pro- the kind of activities in the roaring bad mortgages spread all around this vide our automakers with enough cash 1920s that led us to the 1930s and the country and around the world. They to continue their current operations excess, the unbelievable debt, the greed were put into securities and sold up for another 3 months or even another 6. that resulted in the economic collapse through banks into hedge funds, into We must instead put them on a path of the 1930s. So we put in place things investment banks, and then all of a that leads to global competitiveness. such as the Glass-Steagall Act and sudden it all turned sour. I yield the floor, and I suggest the ab- other provisions that prevented banks Here is what the subprime loan scan- sence of a quorum. from being engaged in real estate and dal is all about. The biggest mortgage

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24078 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 bank in America, just to show you the Federal Reserve says let them reg- About 800,000 workers exhausted their what they were saying: Do you have ulate themselves, and it all turns sour extended unemployment benefits, and less than perfect credit? and the house of cards collapses. more than 350,000 will exhaust theirs in Do you have less than perfect credit? Do What is happening now is, the Treas- November and December. you have late mortgage payments? If you ury Secretary came to the Congress This chart shows what is happening have been denied by other lenders, well, call and said: We face very serious prob- in the industry in 2008. Manufacturing, us. lems. I must have $700 billion in 3 days down nearly a half million jobs. Con- It is a new business model, appar- and, if not, I believe there is going to struction, nearly 400,000 jobs. Business ently. be a financial catastrophe of sorts. So services, 361,000 jobs gone, vanished. Are you a bad credit risk? Call us. the Congress didn’t do it in 3 days, or These are hundreds of thousands. Be- Countrywide said that. The CEO of with a three-page bill, as the Treasury hind every one is somebody coming Countrywide was given the Horatio Secretary suggested. But the Congress home at night to his or her family and Alger award—until it all collapsed. passed a $700 billion bailout proposal. saying: Honey, I have lost my job. I Millennium Mortgage said: The Treasury Secretary said he wanted don’t know why. I did a good job. I Twelve months, no mortgage payments. to do that because he wanted to pur- worked there for 10 years, but I was That’s right, we’ll give you the money to chase toxic assets from the balance told the job doesn’t exist anymore. make your first 12 payments if you call us in sheets of the firms that invested in all This is about heartache by a lot of the next 7 days. We pay it for you. Our loan of this. So he got the $700 billion. Then families. We experienced this before. program will reduce your current monthly he said: I have changed my mind. That Will Rogers, one of the interesting payment by 50 percent and allow you no pay- is not what I am going to do with the commentators on American life in the ments for the first 12 months. $700 billion. I want to purchase capital Great Depression, said: Zoom Credit, another mortgage com- from banks to extend their credit or The unemployed here ain’t eating regular, pany, said this: lending opportunities because the cred- but we’ll get around to them as soon as ev- Credit approval is just seconds away. Get it markets are frozen. He took $125 bil- erybody else gets fixed up OK. on the fast track at Zoom Credit. At the lion of the $700 billion and gave it to I wanted to visit a moment about speed of light, Zoom Credit will preapprove these issues and ask the question, is you for a car loan, a home loan, or a credit nine banks, some of whom didn’t want card. Even if your credit is in the tank, it. But he gave it to them with no there going to be a laser-like focus on Zoom Credit is like money in the bank. strings attached, no requirement that working people just as there has been Zoom Credit specializes in credit repair and they expand lending or not use it to on the financial services sector? There debt consolidation, too. Bankruptcy, slow pay substantial bonuses. We have seen are a good many in the financial serv- credit, no credit—who cares? examples of bonuses, with $33 billion in ices sector that caused this wreck. That is the bottomless pit of greed bonuses on Wall Street in 1 year. So They are the ones who steered this that resulted in massive numbers of no-strings-attached money was given country into the ditch with all kinds of mortgages being put out there in this to nine banks with no requirement to financial engineering and exotic new country. Then the brokers were mak- expand lending, no requirement to cut products that turned out to create a ing an enormous amount of money. back on dividends, and no requirement house of cards. The mortgage bankers were making that they not provide hefty bonuses. It seems to me that one of the things money and business fees, and then they So the question is, is that going to we ought to look at is creating protec- securitized it, like they put sawdust in inspire confidence out there some- tion with respect to these new exotic sausage in the old days—good loans place? Now we discover there has been financial products that turned out to and bad loans. They wrapped them into no expansion of credit as a result of be enormously risky and dangerous to securities and chopped them up and $125 billion of taxpayer money being our economy. Some have talked about sold them upstream. By the way, what put into those nine banks because it creating a financial products safety they did, when they locked people into was no strings attached. commission. We have a Consumer that kind of credit, those loans, they So the next piece that occurs is un- Product Safety Commission to worry put in resets of higher interest rates in employment. We hear constantly— about unsafe products. That turned out 3 years, where they would have known nearly 24 hours a day—about the finan- to have been a commission without the homeowner wasn’t going to be able cial sector. I agree the financial sector much teeth because of the person who to pay the monthly mortgage, and they is unbelievably important to an econ- currently runs it. Perhaps we can have put in prepayment penalties so they omy such as ours, no question about a financial products safety commission could not pay it off if they wanted to. that. How about the manufacturing that would take a look at derivatives, That is how they made these attractive sector, the working folks? Is that im- credit default swaps, and the kind of investments with high rates of return. portant? sophisticated engineering going on on So the subprime loan scandal made About a week ago there was almost Wall Street which might produce a lot everybody rich, like hogs in a trough an apoplectic seizure over the notion of money for some in the short term grunting and shoving and making lots that consumption was down. Con- but pose a great deal of danger for this of money. Then one day it collapsed sumers weren’t consuming. It is not a economy in the intermediate and long like a house of cards. The hedge funds surprise when there are more people term. That all makes a lot of sense. that were investing in these—the cred- out of work and people have less money I just described the Treasury Sec- it default swaps that surrounded them that they are going to consume less. retary talking about the $700 billion he with massive amounts of leverage, it Does it concern anybody out there as has now been provided, and that it is all collapsed. When you create a house they listen to Mr. Paulson say the $700 going to go to the financial service in- of cards, it is destined to collapse. billion that Congress gave him is des- dustry exclusively, he says. So it is not I mentioned hedge funds. Some of tined only to be used for the financial available to those who might be cre- you may have seen the hearing held in industry? Does it concern anybody out ating jobs out there or trying to avoid the House a few days ago. The highest there that the consumers losing their losing jobs. At the same time, the income earner in the hedge fund indus- jobs are not going to be able to con- Treasury Secretary is saying: I have try last year earned $3.7 billion. sume? That is part of this economy as this pot of money, and we are going to So we create this crisis, get rid of the well. use it to try to unfreeze the credit mar- protections that existed from the Great Here is what we see on unemploy- kets. The Treasury Department is say- Depression, abolish Glass-Steagall, and ment. The U.S. employment ranks ing they favor new bank mergers, create a Financial Modernization Act, have shrunk by 1.2 million in the first which is exactly the last thing this and say everything will be great. Then 10 months of this year—more than half country needs. We already have big the regulators turn into willfully blind of those jobs lost in the past 3 months banks that are too big to fail, which public servants, and the Chairman of alone. Last month, 240,000 jobs gone. means if they are set to fail, we have to

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24079 rescue them. Now the Treasury Depart- So the question is, when will we also I also believe we ought to create im- ment says the solution is bigger banks; ask whether we will be willing to sup- mediately an investigative task force let’s have more mergers. port, through a recovery program, the of sorts that will begin to investigate It is unbelievable to me that the kinds of jobs that we need in this coun- and prosecute, if necessary, criminal Treasury Department would not have try and willing to support a world-class behavior that was engaged in some of learned a lesson. Instead, they are out manufacturing base without seeing the practices that I described earlier. there promoting more mergers. I guess that base decimated as the economy All of that, I think, is necessary. I those mergers will be promoted with gets weaker? I don’t think you will believe if and when we begin doing the very money appropriated by the long remain a world economic power those kinds of things, we will give, Congress. unless you have world-class manufac- once again, the American people the Mr. President, the action we have to turing capabilities. confidence about the future that they take now, it seems to me, is to try to When we look at those sectors of the must have in order for this economy to find ways to establish some confidence economy that have that capability and get back on track. in this country. I have said often that then decide, as some suggest, that it There is, I know, a lot of discussion I used to teach a bit of economics in doesn’t matter who loses their job or about what went wrong, and some college, briefly. I was able to overcome gets laid off, well, it sure does matter. might say: You know what, that is it. Economics is not a science; it is psy- It matters to me. If there is all this pretty irrelevant. It is not irrelevant chology pumped up with helium, and concern about the financial sector, at all. We are destined to repeat mis- you can call yourself an economist, but what about the concern about the job- takes unless we understand the mis- nobody really knows. creating sector in the manufacturing takes we have made. The route out of The economy in this country is not area? I think we need to do a number of this circumstance where there is great about dials, gauges, knobs, levers, and things. No. 1, I think we need a stim- economic peril to this country and its all of the things like investment tax ulus or a recovery plan that would future, the route ahead, in my judg- credit, depreciation, M–1B, and all make significant investments. I don’t ment, must be an active, aggressive set those things economists study. It is think you do that by just giving people of actions by the Congress, working about confidence. When people are con- checks. That is not the way forward, in with this President and the new Presi- fident in the future, they do things my judgment. I think you do it by put- dent, to understand the urgency of the that manifest that confidence. They ting people to work on public works things I have described. buy a car, buy a new suit of clothes, projects, by investing in roads, bridges, Mr. President, I yield the floor. I sug- take a trip, or maybe buy a house. schools, and libraries—the infrastruc- gest the absence of a quorum. They do the things that you do when ture needs that have been so long de- The PRESIDING OFFICER. The you are confident about your future clerk will call the roll. and your job. That is called economic ferred in this country. All of those projects are ready across The legislative clerk proceeded to expansion. It is not sophisticated. It is this country to be done. It will put peo- call the roll. about how people view the future. When they view the future with great ple back to work, and give people con- Mr. INHOFE. Mr. President, I ask alarm and less confidence, they do ex- fidence about the future. unanimous consent that the order for actly the opposite. They defer the pur- Second, we ought to take action this the quorum call be rescinded. chase or decide not to buy that suit of week so that we say to the Treasury The PRESIDING OFFICER. Without clothes or buy that car until next year, Secretary: If you are going to continue objection, it is so ordered. or we will not move into that other to move money out of that $700 billion f pot, you have to put conditions on it. home or take that trip. That is the way ECONOMIC CRISIS an economy contracts. It is all about We don’t want the American people to Mr. INHOFE. Mr. President, given confidence. have to read that they are anteing up The question is, what can provide money so the Treasury Secretary can the recent news about Secretary that confidence now? One of the con- move it to Wall Street and Wall Street Paulson’s execution of the TARP pro- cerns I had about the original bailout can then pay bonuses in December and gram, I firmly believe action is re- was that it did nothing to provide a set January and they can use that in any quired by Congress. This morning, I in- of regulations that stops the very be- way they want without conditions that troduced S. 3683. That is legislation havior that caused all of this. You have require them to expand lending or any that would do two things. It would to learn from it. It seems to me you other conditions that ought to be at- freeze remaining money of the first have to provide the regulation and say tached to that money. We ought to in- $300 billion that has not already been to the American people that we will sist those conditions exist. expended and, secondly, it would not let this happen ever again. Third, we ought to require regula- change the process by which Secretary So there are a number of things we tions be put in place as soon as possible Paulson would access the second $350 have to do. Any recovery plan—and I to prevent the kind of things that we billion. think we need a recovery plan, and have seen happen that caused this fi- When Secretary Paulson first came some call it a stimulus. I think we need nancial wreck in the first place. Those to the Senate and explained his plan, it a recovery plan that gives people a regulations do not now exist. I know was on a conference call. I happened to sense that we care about whether they the former Fed Chairman Greenspan be in on that conference call. It was have a job. For example, there is dis- said he believed in self-regulation. He September 19. At that time, he was cussion about the automobile industry. sure got a bellyful of self-regulation, talking about the crisis that is upon I don’t view this as three companies or and it completely collapsed this econ- us, that we have to do something, we one industry. I view it in the context of omy. We need to put in place a regu- have to do something big. It has to be what do we do to deal with this econ- latory approach that gives people con- $700 billion. It has to be done right omy, especially as it relates to jobs. We fidence that this kind of thing is not now. The only way to do it is to buy are told that industry relates to about going to happen again. troubled assets. 3 million to 5 million jobs. That is the We also ought to say to the Treasury At that time, I asked some questions. connector all the way through the in- Department: Stop the nonsense about One question was: If there are assets dustry. If that is the case, what would more bank mergers. It is the last thing that are going to be bought, what is it mean if 3 million to 5 million jobs we need. Nor should we want the public the criteria that will be used to deter- are lost in the next few months, com- money to be used to accommodate mine which assets should be bought? ing from America’s manufacturing more bank mergers. I know some have There was not an answer to that ques- base? It seems to me it would be dev- celebrated the news of bank mergers. tion. astating to an economy already at Not me. I think it weakens this coun- The second question was: Which in- great risk. try, not strengthen it. stitutions that are holding these assets

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24080 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 would be the ones that would be eligi- Treasury Secretary Henry M. Paulson’s de- fine in terms of doing something such ble for this buyout? There were no an- cision to abandon plans to buy troubled bank as this, but at least a third of those swers to that question either. assets shows that he has come to two conclu- who voted for it would have to say he That was on a Friday. Then as the sions about what was once the chief focus of didn’t do what he said he would do, he the government’s $700-billion bailout: The next few days went by, we had several first is that it wouldn’t work. didn’t buy the troubled assets. There- conversations. I didn’t have any per- fore, that gives me reason to change. I That is kind of full circle. This is sonal conversation with him except in can’t help but think that at least half what we thought at the time, and this one conference lunch, and that is, Is or even more of those who voted for is where we are today. I know many this the only way to do it? Yes, it is this legislation would find themselves have serious concerns about how Sec- going to be buying out troubled assets. in that position. When we look at retary Paulson has executed the finan- Still the answers were not there to where we are today and see that there cial rescue program, and I share those those questions. is something that can be done, I think concerns. Congress completely abdi- In my statement opposing—I voted it is necessary that we go ahead and do cated its responsibility by signing a against the Paulson plan last month— it. One of the things that is going on in my statement opposing it, I laid out truly blank check. If we look at this and if we read it, now—and this bothers me a little bit— three primary reasons I voted no. The there is nothing in there that says we is that there is an argument going on first is that I was not convinced that have to do this. Never before in the his- right now between some of the commit- the asset purchase program was the tory of America has anyone—elected tees—the Finance Committee and the right way to do this. Apparently, he or, in this case, unelected—been given Banking Committee—as to who has ju- didn’t think so either because that is a blank check or a check in the risdiction. Then there is a debate as to not what he did. amount of $700 billion to do with as he whether a special inspector general The second is that it would lead to should be appointed, and they have increased lobbying for handouts and wishes. It has never happened before. It is unprecedented. But that is exactly talked about some names. If they do bailouts by any industry facing finan- that, confirmation probably would not cial trouble. Now we are seeing that. what happened. Now we are faced with a lameduck take place for another couple months. We are seeing the auto industry com- session. We can do something about re- By that time, all the money is gone. So ing in, some insurance companies and solving this problem now, and that is we are sitting around twiddling our others coming in. It is kind of a new thumbs doing nothing. Our last shot to way of life: If you are not successful, supporting and passing the legislation I introduced this morning. It is officially do something is to do something while don’t worry about it because you have we are here. This lameduck session, I the Federal Government there to help introduced. I believe I requested it be sent to the Senate Banking Com- suspect, is only going to last 3 or 4 you. days. So we have that length of time to The third is that we were handing mittee. I am sure there are several there who want to resolve this problem stop this from happening. over, as I read it—and I don’t blame If the American people are concerned Secretary Paulson for this because I before we recess. My concern is this: The way it is set about this, concerned as I am and as suppose if this is what he wanted, many Members of this body are, that somebody else was willing to put it to- up by law, there is $350 billion already out there, and he has been spending this was done without the consider- gether. He was not the one, I suppose, ation it should have had, this amount who drafted it. But it gave one person, that money. Frankly, I don’t know how much has already been spent. There of money, $700 billion is out there now in this case Secretary Paulson, the sole in the hands of one person to do with as was an article in the Wall Street Jour- authority over $700 billion. he wishes, that is not good Government nal a couple of days ago that said all I have a hard time with big numbers, and it needs to be stopped. We can stop but $60 billion has been spent. That putting them into perspective that is it by the passage of the legislation I in- may be true; it may not be true. I have understandable. But it is my under- troduced this morning. standing that there are 139 million no way of knowing. That alone is Again, it will do only two things. It American families who file tax returns. enough concern that a senior Member will preclude and freeze any further ex- If you do your math, this would be of the Senate doesn’t even know how penditure by the Secretary of the $5,000 per family. We are talking about much of the taxpayers’ money has been Treasury and, second, it would pre- any family out there who files taxes. spent or what percentage of the $350 clude the second $350 billion from com- This is a huge thing. So it does require billion has been spent. ing up for consideration. In other We have a second $350 billion to make extraordinary thought in addressing it. words, that would stay in the Treasury. up the $700 billion that will come, but As I stated at the time, my vote was I think this is the only chance we have it is rather nebulous, it is rather vague against the Paulson plan, not against to get it done. We better do it now or as to how that would be put into the taking action to provide necessary con- it is going to be too late and we will be hands of Secretary Paulson. My inter- fidence in financial markets. I do know out of here and it will be history by the pretation is that he would indicate, and agree that there is a problem out time we come back at the end of Janu- yes, we do need to have the second $350 there. I am not convinced that is the ary. way to address it. billion, and if there was not a resolu- With that happy note, Mr. President, We critics were right. On October 14, tion to stop that, to preclude that from I suggest the absence of a quorum. in a significant shift, Treasury out- happening, then he would be able to do The PRESIDING OFFICER. The lined a plan to directly purchase equity that. clerk will call the roll. stakes in major financial institutions. My concern is that we will stall The legislative clerk proceeded to The Wall Street Journal noted that around and do nothing. We will adjourn call the roll. ‘‘critics . . . say Treasury should have and not come back until January. That Mr. WEBB. Mr. President, I ask formulated a comprehensive plan ear- would give him the opportunity of stat- unanimous consent the order for the lier in the crisis.’’ This past week, Sec- ing his intention, what he wants to do, quorum call be rescinded. retary Paulson announced that he has and then have 15 days go by when we The PRESIDING OFFICER (Mr. completed a remarkable about-face, as are not even in session. I think the CARDIN). Without objection, it is so or- summarized by the November 13 Inves- only way to do this is to do it the way dered. The Senator from Virginia is tors Business Daily front-page headline we are planning to do it now; that is, to recognized. which read: ‘‘Major Reversal, Treasury bite the bullet. f Won’t Buy Bad Mortgage Debt.’’ This I know it is difficult. It is difficult is a complete reversal. Why did for members of any body, particularly ATROPHY OF THE BALANCE OF Paulson reverse course? Last Thurs- the Senate. This legislation, as I recall, POWERS day’s Los Angeles Times provides the passed 75 to 24. Those of us who are Mr. WEBB. Mr. President, in the 2 answer: among the 24, who voted against it, are years since I have been privileged to be

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24081 in this body, I have spoken frequently The second issue with respect to the concur with the strategic framework about my concerns with respect to the abrogation of power by the legislative agreement in order for us as a nation balance of power between the executive branch to the executive branch con- under the Constitution to properly de- branch and the legislative branch and cerns the relationship that we are now fine our relationship with a govern- the atrophy of the powers and the in- about to finalize with Iraq. We have ment and a country where we are going fluence of the Congress. There are two seen it reported in the media today to have military forces in place, and issues that are before us this week that that the Iraqi Cabinet has given a near where we are going to have security I think illuminate the dangers of that unanimous agreement to a strategic guarantees. atrophy. framework agreement—which is very In that regard, I conclude by stating The first is in respect to the powers little discussed, and a status of forces my strong hope that the incoming ad- we gave to the Secretary of Treasury agreement—which has been much de- ministration, under President-elect in our vote at the beginning of October, bated, that ostensibly would define the Obama, will, early on, take a com- before we went into recess, as he ad- future relationship between the United prehensive diplomatic approach to all dressed the issues of the bailout. Many States and Iraq. the issues that affect the United States Senators, including myself, wrote let- I find it more than ironic, and I have in that particularly troublesome spot ters of concern immediately after this mentioned it several times on this in the world. We should be fostering bailout was proposed, noting that it floor, that the Congress has not been the right kind of diplomatic environ- was unprecedented for one individual invited to participate in this process. ment with other countries such as Rus- in the executive branch of Government The Iraqi Cabinet is going to present sia and China that have interests in to be given the broad discretion the this agreement to the Iraqi Parliament this region. We should be exploring present Secretary of the Treasury has for a vote. The Congress of the United ways to formally and aggressively ex- been given. States is hardly even getting a look. plore our relationships with countries I voted to support this bailout, as did If you turn to article II, section 2 of such as Iran. We need to put the whole most of my colleagues, as we were as- the U.S. Constitution, it says the issue of Afghanistan, Pakistan, Iraq, sured, not only by members of the ad- President: and other countries in the Middle East ministration, but also with a great deal . . . shall have Power, by and with the Ad- on the table early on and forcibly. Re- of hesitation by members of our own vice and Consent of the Senate, to make ality indicates and history proves that party in the Senate, that this was an Treaties, provided two thirds of the Senators the longer the new administration essential act to avert an international present concur. . . . waits, the more strongly they are calamity in the financial markets. We The question is, Is this a treaty? It is going to be embedded in the policies were told by the Secretary of the going to define the long-term relation- that have preceded them, and the more Treasury that we needed to reinforce ship between the United States and difficult it is going to be to put a com- the good will and the concerns people Iraq in a situation where we are going prehensive approach to the future into had by allowing him to take certain ac- to have military bases of some sort in place. I strongly hope this administra- tions. We ensured oversight over the Iraq and a security relationship with tion, at an early time, will take a com- Secretary of the Treasury, but he still Iraq. That sounds quite a bit like a prehensive approach to this region. retained the total discretion that has treaty to me. I yield the floor and suggest the ab- been used over the past several weeks. The administration has been claim- sence of a quorum. At the same time, we all know now— ing this is simply an executive agree- The PRESIDING OFFICER. The it has been said several times already ment and, as a result, the Secretary of clerk will call the roll. this afternoon—the decisions that were State can sign this; the Congress can The legislative clerk proceeded to made, as to where this money has been be consulted but does not have to have call the roll. going, were not in line with the reas- a vote. But let us remember, at the end Mr. KYL. I ask unanimous consent surances that were given this body of this year, on December 31, the legal that the order for the quorum call be when the legislation was brought for- authority for the United States to be rescinded. ward. There has been a great deal of in- operating in Iraq ends under inter- The PRESIDING OFFICER. Without consistency coming from the Secretary national law with the expiration of the objection, it is so ordered. of Treasury, and it has created a mood U.N. mandate. So under what author- f of unpredictability that we have seen ity, legal authority, will we be oper- reflected in the markets and in the ating in Iraq? An executive agreement AUTOMAKER BAILOUT confidence of investors. is only constitutional when it is imple- Mr. KYL. Mr. President, I wish to ad- I would agree with the concept that menting a law. So what law or con- dress a matter that is supposedly be- was recently put forward by the Sen- stitutional authority will this execu- fore us, although to my knowledge ator from Oklahoma about slowing tive agreement be implementing? there is not yet a bill on the floor that down the amount of money that is The members of the administration, we can read and, therefore, debate. But available to be spent under this bail- when I raised this issue nearly 8 I think the general concept of some out. I also would propose, in examining months ago, claimed that the 2002 au- kind of a so-called bailout for the auto legislation to that effect, that we as a thorization to go to war in Iraq was companies is the reason why we have body revisit the whole idea of giving their legal authorization to negotiate come back to Washington in this so- this kind of power to one individual in an executive agreement looking to the called lameduck session. I wish to ad- the executive branch. future relationships in Iraq. I have dress that and talk about the best way There are plenty of precedents in his- strong questions about that. First, if forward to assist the companies in- tory which create a small body of hon- the 2002 authorization to go to war volved as opposed to what I understand est brokers, perhaps three individuals would be good in terms of an executive the concept of this punitive legislation who collectively can make decisions agreement to define our future rela- to be. for the good of the country and who tionship, then why did we even need Let me begin by saying that ordi- would not be burdened by conflict of the U.N. mandate in the first place? narily in the Congress we have hear- interests because of their own back- The second is, the 2002 authorization to ings. We develop legislation on big ground, either real or imagined, or the go to war in Iraq took place at a time matters. We try to do it in a bipartisan burden that goes with the discretion of when the present Government of Iraq way. We then mark up the bill in com- one individual. I hope to place some- did not even exist. mittee by discussing it, amending it, thing to that effect before this body So I would state my strong belief, rewriting it. Then it comes to the floor relatively soon. I hope other Members again, that the Congress needs to as- of the Senate where we debate it and of the Congress will consider that idea sert its constitutional authority on can amend it again and ultimately pass as well. this matter. The Congress needs to it to the other body.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24082 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 That is not what is happening today. are worried about Christmas season chapter 11 protection. It falls under the We are told there is going to be legisla- and consumers not buying. There are Bankruptcy Code. When this is accom- tion presented at some point to provide all kinds of folks who are in trouble plished, the contracts that the car $25 billion to the three U.S. auto- economically, businesses and families. companies have made are renegotiated makers. Beyond that, we know noth- The question is whether we should re- in such a way that the company can ing. What I want to do is talk about spond to those with the largest voice in show it has the ability to emerge and the concept of it, and later we can talk Washington, DC. Certainly the three make money, that the contracts are about how the bill will actually get big automakers have a big voice here not going to continue to weigh them here, whether we can seek to amend it, and a constituency that would like to down. That would be the benefit of tak- and whatever else might be appropriate make their case that they should be ing this reorganization. to try to conclude work on this matter. bailed out and that is where we should Some are more intent on preserving Obviously, everyone is hurting these draw the line. the status quo than being able to com- days. The car companies aren’t the I have a hard time with that. Not be- pete because they say things such as: only folks who are hurting. Every fam- cause I don’t like the car companies. I Well, restructuring the business might ily is hurting, especially as we have le- readily buy cars from them. I think it mean there would be fewer employees. veraged our debts. We have home mort- is great that they build the kind of There might well be. It might be 10 per- gage debt, credit card debt, perhaps car cars I like to buy. I am not faulting cent or maybe even 20 percent fewer loan debt. All of us are tightening our them for the decisions they have been employees, if that is what it takes to belts, because we appreciate the fact making in what they manufacture. The compete successfully. There may be a we have to get that debt down. That is fact is, they are in trouble pretty much number of dealerships cut. Maybe 10 or happening in the business sector as for reasons that relate to their own de- 15 percent of the dealerships will have well. One of the reasons Congress cisions rather than a lot of consumers to go away. If that is what it takes for passed the so-called TARP legislation, out there who have gotten caught up in them to compete with the Japanese the stabilization package that was de- this credit crunch, in effect through no automakers, then that is what should signed to assist financial institutions, fault of their own, except perhaps be done. We should not say those leg- was because in some respects the finan- going into debt more than they should acy costs or those built-in costs of op- cial institutions are the blood that have. The car companies have made eration should be retained and then courses through the entire economy. some contracts with the United Auto ask the taxpayers to throw in $25 bil- They provide the cash; in many cases, Workers labor union that are literally lion to maintain something that isn’t the credit. Unfortunately, our country dragging them down. It is like asking working. It is true that these costs rep- runs on credit. You don’t buy anything somebody to swim with a 50-pound resent future obligations as well as these days without a credit card. You weight around their neck. It is no won- current and so they are going to con- certainly don’t buy anything big, such der they can’t meet their obligations tinue unless they are wiped out by the as a car or refrigerator, without a cred- under the contracts and need taxpayer reorganization that is provided by it card. As a result, the question was assistance. But the question is whether chapter 11. whether banks were going to stop lend- an average family or small business Some people say: Well, what they ing to consumers and businesses be- should be asked to cough up the money need is better management, and we cause the assets on their books were of to transfer to an auto company that here in Washington know how to man- such dubious value that they had to has made these deals with the union or age them better. That is the last thing keep all the cash they could accumu- whether the car company should find we want, for Congress or folks in Wash- late just to meet the law’s require- an alternative way of dealing with it. ington to tell them how to do their ments for their reserves. Here is the order of magnitude I am business. Under reorganization, a com- What the administration decided talking about. According to the Bureau mittee of experts assists them in de- originally was that the $700 billion of Labor Statistics, the average hourly signing a business plan. They have 18 could be used to buy these troubled as- wage cost for the big three auto manu- months to develop a plan to move for- sets, get them off of the banks’ balance facturers is $73 an hour. The average ward. They have breathing room. Basi- sheets and, by giving them money to for the Japanese automakers building cally all of the obligations are stayed. buy them, the banks would then have cars in the United States is between $45 They have the opportunity to fix what money to loan to a car dealer or the and $48—substantially less. For the av- is wrong, plan for the future, and then car dealer to loan to the car purchaser erage manufacturing company in the implement that plan. We wouldn’t have and the like. Ultimately, it was decided country or average company, it is any of that if we simply gave them the that the economy was in such a sorry about $28.48. So you can see that these $25 billion. They wouldn’t be protected state that we had to get the money in- legacy costs of the big auto companies at all from any of the obligations that fused directly into the banks and didn’t are like the 50-pound weight dragging they have either on an ongoing basis or have time to set up the rather com- them under. It does no good for tax- their future obligations. plicated procedure of buying these as- payers to pour $25 billion into the car In all chapter 11 reorganizations, pre- sets. Instead, the loans currently being companies and find a year later that filing debts become unenforceable ex- made are going directly to the banks money has been spent and yet nothing cept to the extent that they are incor- and other financial institutions. Of has changed to diminish their obliga- porated into the reorganization plan. course, the hope is that money will tions. Where are they going to get the GM has $40 billion in long-term debt; then be lent out to us and to businesses next $25 billion and then $25 billion Ford about $136 billion. A reorganiza- so that the blood which keeps the econ- after that? tion plan, a business plan would be set omy going, called cash, can continue to The reality is, they have to change forth that provides how each of those enable us to buy things. the way they are doing business in obligations is treated and, if they are There is some indication that is be- order to warrant asking taxpayers for too much to enable the company to go ginning to happen, although the proc- anything. This is where the alter- forward, then they are reduced accord- ess takes a while. There are many folks natives come into play. There is al- ingly. in the economy who get hurt when peo- ready a law on the books that permits A taxpayer bailout would provide ple don’t buy as much, whether it is companies in financial straits such as none of that protection. Protecting the from lack of credit or trying to tighten this to reorganize their business, get workers would still require negotiation their belts. I think of one company rid of much of their debt obligation and with the labor unions, but some of the that laid off 10,000 people in one small start over again. You are required to amount of those legacy costs could be town in Ohio. The company is called slim down, to be sure, in order to be reduced in the process. I mentioned the DHL. I think of Circuit City which more competitive. It is called reorga- fact that there might be fewer dealer- went bankrupt recently. A lot of folks nization under chapter 11, sometimes ships. They might decide to reduce the

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24083 number of brands. They would be doing tection comes into play. None of the killed on our own soil, to bring about so under the protection of chapter 11 ability to renegotiate what is dragging an end to slavery and to usher in the rather than the current situation. A them down now would occur. It would 13th, 14th, and 15th amendments of our taxpayer bailout wouldn’t give them simply literally be throwing good Constitution. These three amendments, any protection from State franchising money after bad without a justification in my view, are a significant part of laws that make it very costly to reduce of why these companies, as opposed to the bedrock proposition that all con- the number of brands and dealerships. I many other companies in the country, stitutional liberties are endowed upon have some information that when GM were to receive that help. all Americans without exception. eliminated the Oldsmobile brand, it re- The money has to come from some- Unfortunately, neither the Civil War portedly cost $1 billion, and there are where. It has to come from people who nor these amendments brought an end still litigation proceedings about are working hard to make a go of it to the division or discrimination that whether they can do that with their themselves. So we have to ask the kind were a part of our Nation’s past. dealerships. of hard questions like this before we In 1896, in Plessy v. Ferguson, our Some are concerned about whether ask our fellow citizens to cough up the U.S. Supreme Court sanctioned a sys- they could receive financing if they money for this kind of a bailout. I hope tem of segregation under the law. The took chapter 11, the so-called debtor in we will be able to do that during the Court upheld an 1890 Louisiana law which mandated racially segregated possession financing. This is an area debate on this legislation, which I hope but equal railroad carriages. It was a where the Federal Government might we will see soon, assuming we are dark period in our Nation’s history. provide some assistance. The adminis- going to be deciding whether to vote on ‘‘Jim Crow’’ laws extended across the tration, as a matter of fact, has been it this week. South. In the Southwest, Mexican talking about such assistance. But a Thank you, Mr. President. Americans were also systematically pure taxpayer bailout wouldn’t guar- The PRESIDING OFFICER. The Sen- denied access to ‘‘White Only’’ rest- antee any structural reforms or pro- ator from Colorado is recognized. rooms and other public places. In the vide the possibility of debtor-in-protec- f South, the signs read: ‘‘No Blacks Al- tion kind of financing. It would, in AMERICA: A WORK IN PROGRESS lowed.’’ In the Southwest in many fact, through the reorganization, at places the signs read: ‘‘No Mexicans Al- least provide taxpayers with the assur- Mr. SALAZAR. Mr. President, I rise lowed.’’ ance that they could get repaid if they today to celebrate this historic time in There were, however, many voices did provide some of this money as op- the history of the United States of who knew that an America divided by posed to the current proposed bailout America. race was an America which could not which has absolutely no guarantee that I give my accolades to President- stand. In the now infamous Plessy taxpayers would receive any of their elect Obama and to Vice President- case, Justice Harlan, in the dissent to money back. elect BIDEN for their transformative that case that sanctioned segregation A final two quick points I wish to and historic campaign and election. under the laws, said the following: make. There is an argument by the car I also recognize Senator JOHN The destinies of the races, in this country, companies of who would buy a car from MCCAIN as a friend and for his extraor- are indissolubly linked together and the in- a company that is in chapter 11 protec- dinary contributions to our Nation. I terests of both require that the common gov- tion. The answer is, probably the same am certain Senator MCCAIN will con- ernment law shall not permit the seeds of people who are buying cars today. If I tinue to serve as a force for good on the race hate to be planted under the sanction of law. drive down Camelback Road in Phoe- floor of this Chamber, as he has for so nix, where we have a lot of car dealer- many years. I look forward to working It took more than a half century of ships, 6 months from now and some of with him. an America in progress to revisit its those companies have asked for chap- Just a few short years ago, President- decision in Plessy v. Ferguson and to begin achieving the vision of Justice ter 11 protection, I guarantee you, I elect Barack Obama arrived in the Sen- Harlan. It was not until 1920 that our will not know which ones. They will all ate in the 109th Congress as an un- Constitution guaranteed the right to have the same bright lights, the same likely occupant from the Illinois State vote to women. In fact, for the first eager salesmen ready to sell me some- Senate. several hundred years women were not thing. With reorganization, you don’t President-elect Obama’s story is an American story. The son of a mother entitled to vote in the United States of go out of business. America. It was not until 1954, in One of the myths is that this would from Kansas and a father from Kenya, Brown v. Board of Education, that the put you out of business. If you take he learned the values of hard work and Supreme Court, under the able leader- service to others. He studied at some of bankruptcy under chapter 7, you do go ship of Chief Justice Earl Warren, our Nation’s finest schools but chose to out of business. That is not what chap- struck down the ‘‘separate but equal’’ apply his immeasurable talents to serv- ter 11 protection is at all. In fact, you doctrine as unconstitutional under the are able to reorganize, and that is pre- ing the people: a community organizer, 14th amendment. Thurgood Marshall, cisely why people would continue to an Illinois State senator, a U.S. Sen- another American hero of ours who buy the cars. ator, and soon to be the President of gave his life for equal opportunity for Not everybody is going to lose their these United States of America. all Americans, argued that case before job through reorganization. I doubt President-elect Obama is, in fact, the the U.S. Supreme Court. that it would be more than a fraction personification of the American dream But even after the 1954 decision in of the people who would lose their jobs. and the idea of what it is to be an Brown v. Board of Education, there was Doug Baird, a bankruptcy professor at American. His election is also a re- much more work to do. The 15th the University of Chicago, recently minder of just how far our country has amendment, ratified in 1870, guaran- said, in response to the number 3 mil- come. teed all citizens the right to vote re- lion which people have been bandying America has always been a work in gardless of race. But almost a century about: progress—an idea that generation after later—in 1965—only a very small per- This three million figure is laughable . . . generation has worked to perfect. We centage of African Americans were reg- modern bankruptcy law is designed to pro- must never forget that for over 250 istered to vote in States such as Mis- tect against that. years on this continent, and through sissippi and Alabama. The bottom line is, there is a law the first century of this Nation, we In 1965, for example, in Mississippi, that provides protection, breathing lived in a society where slavery was al- only 6.7 percent—6.7 percent—of Afri- room, and an ability to get rid of the lowed. can Americans were registered to vote. kind of debts burdening these compa- It took the bloodiest war of our coun- In Alabama, less than 20 percent of Af- nies. If all we do instead is throw $25 try’s history—the Civil War—where rican Americans were registered to billion at the problem, none of this pro- over a half million Americans were vote.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24084 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 To prevent people from voting, there ideal: that no matter who you are, no cession. As we have so painfully were literacy tests, poll taxes, and lan- matter where you are from, anything is learned, financial markets are truly guage barriers, not to mention voter possible in this America of ours. That global, and the hopes and fears that af- intimidation and harassment, which is what makes us a great nation. That fect these markets move with the speed occurred in those days in the 1960s. is what we have seen as an America in of light through electronic communica- But the 1960s also brought change to progress which has brought us to this tions and electronic trading. America and ensured that we contin- point in our Nation’s history. The consequences in our country ued as an America in progress. In 1964, We have much work to do ahead. But have been dire: falling home prices, ris- President Lyndon Johnson signed the I am very confident that America’s ing foreclosure rates, plunging con- Civil Rights Act. In signing that law, best days are still ahead, as we con- sumer sales, increased unemployment, he said: tinue to be the beacon of hope and op- a tremendous erosion of retirement We believe that all men are created equal, portunity and human possibilities for savings, and billions of dollars for yet many are denied equal treatment. We be- the entire globe. emergency stabilization programs. We lieve that all men have certain unalienable Mr. President, I thank you and yield are even looking at a Federal deficit rights, yet many Americans do not enjoy the floor. that could reach the extraordinary fig- those rights. We believe that all men are en- titled to the blessings of liberty, yet millions The PRESIDING OFFICER. The Sen- ure of $1 trillion. are being deprived of those blessings, not be- ator from Maine is recognized. The Maine lobster industry, the para- cause of their own failures, but because of f digm of hardy, small town entrepre- color of the skin. neurship, has also felt the blows of the THANKING THE PEOPLE OF MAINE Our work, President Johnson said crisis in high finance and a terrible that day, was not done. He was right. Ms. COLLINS. Mr. President, since economy. It is not only that consumers In early 1965, Jimmy Lee Jackson this is the first time I have spoken on have reacted by reducing their pur- was shot by a State trooper during a the Senate floor since the elections chases of lobsters—although that is civil rights demonstration. have been completed, let me say I am one factor—it is also that the lobster On March 7, in Selma, AL, more than very honored the people of Maine have industry is an innocent victim of the 500 nonviolent civil rights marchers at- chosen me to represent them in the global financial crisis. tempting a 54-mile march to the State Senate for another 6 years. It is a great It is extraordinary that the global fi- capital to call for voting rights were honor and privilege to represent the nancial crisis is putting the very exist- confronted by an aggressive assault by great State of Maine, and I want to ence of Maine’s centuries-old lobster authorities. That day, still known and begin my remarks this afternoon by ac- industry in jeopardy. remembered as Bloody Sunday, stirred knowledging that. Here is what happened. In addition to a nation to do what it knew was right. f plunging demand, many lobstermen in President Johnson, in those days, Maine send their lobsters to Canadian FINANCIAL REGULATION REFORM called for the country to summon its processors. Well, it turns out that ACT OF 2008 better angels. He said: those Canadian processors are, in turn, At times history and fate meet at a single Ms. COLLINS. Mr. President, financed largely by financial institu- time in a single place to shape a turning throughout the past few months, I have tions in Iceland—in Iceland. point in man’s unending search for freedom. had the opportunity to talk to literally When the Iceland financial system So it was at Lexington and Concord. So it thousands of Mainers, and the No. 1 collapsed, credit was terminated to the was a century ago at Appomattox. So it was issue that has been on their mind is the Canadian processors, which, in turn, last week in Selma, Alabama. financial crisis, the poor state of the stopped processing Maine lobster. Who President Johnson continued: economy. would have guessed that the failures of This time, on this issue, there must be no Public confidence in our Nation’s fi- banks in Iceland would claim as vic- delay, no hesitation and no compromise with nancial system has been shaken badly tims the lobstermen in the State of our purpose. We cannot, we must not, refuse by the extent, the scope, and the rapid- to protect the right of every American to Maine? But that shows how integrated vote in every election that he may desire to ity of the financial meltdown. As a our financial system is worldwide. A participate in. former financial regulator in the State lobster dealer in my State said: On August 6, 1965, President Lyndon of Maine, a position I held for 5 years, This is as devastating to the State of Johnson signed the landmark legisla- I have become convinced that signifi- Maine as Hurricane Katrina washing away tion—the Voting Rights Act—that cant regulatory reforms are required to all the boats and blowing down all the wharves. opened the doors of democracy to all restore public confidence and to ensure Americans. that the absence of regulation does not Nor is the fallout from the financial In our country’s history, yes, we have allow a crisis like the one we are en- crisis confined to our shores. This past stumbled. But yet at each stumble, gulfed in now to happen ever again. weekend, leaders of the G–20 nations leaders such as Dr. Martin Luther Therefore, today I will introduce a who represent 85 percent of the world’s King, Rosa Parks, and Cesar Chavez, bill that would close two dangerous economic activity met in Washington and many others, have encouraged us gaps in the Government’s system for to address this crisis. Clearly, we need to get up, to stand up, to move Amer- overseeing financial markets. The bill a coordinated global response to the ica forward. would also establish a formal process downturn, but we also must take ac- We, like them, believe America truly for developing additional, comprehen- tion to right our own ship. As we close is an America in progress. Today, sive reforms of our financial regulatory out the 110th Congress and prepare to thanks in large measure to their work, system. reconvene for the 111th, we must con- we are at the dawn of a new America, Our economy has struggled with a sider how to protect our financial sys- an era in which doors of democracy and credit crisis spawned by mortgage de- tem from the shortfalls in regulation, opportunity are open to all Americans. faults in the subprime mortgage mar- reporting, and transparency that We are waiting today for the inau- ket and their ripple effects throughout helped lay the groundwork for a sudden guration of the first African-American markets for mortgage-backed securi- and traumatic onslaught of bad eco- President in the history of the United ties. Complex financial instruments nomic news. States. That in itself is history. But that were poorly understood, not trans- Consider that less than a year ago, what is also historic about this reality parent, and, in many cases, not regu- the American financial system boasted is that as President he will be Presi- lated have exacerbated the crisis. five huge investment bank holding dent for all 325 million people of Amer- What was once thought of as Amer- companies: Bear Stearns, Lehman ica. ica’s mortgage crisis has metastasized Brothers, Merrill Lynch, Goldman In his election, I think you see the into a nightmare of converging forces Sachs, and Morgan Stanley. Today, statement that is truly the American that could lead to a deep and global re- those institutions no longer exist as we

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24085 had long known them. They have failed As the cases of Lehman Brothers and parency and allowing us to identify po- or are being acquired or, as Goldman AIG insurance holding company tential risks. Second, my bill would Sachs and Morgan Stanley dem- showed this year, serious problems can add the force of law to the clearing- onstrate, have converted themselves to arise when a major credit event sud- house initiative being jointly pursued bank holding companies subject to denly reveals that massive claims for by the Federal Reserve Bank of New Federal Reserve supervision. What is collateral posting or payment are con- York, the SEC, and the CFTC. astonishing, however, is that current verging on credit default swap parties The clearinghouse, however, should Federal law assigns no agency respon- who cannot meet their obligations. But be codified. We can’t rely on a vol- sibility for supervising these enormous under the current system, it is often untary arrangement. The SEC’s top institutions, even though experience impossible for regulators and even risk-management official recommends has shown their safety and soundness market participants to know in ad- such a statutory mandate to ensure could have vast implications for the fi- vance how all the tangled webs of con- participation, and that is what my bill nancial system and the broader econ- tract commitments overlap and affect would do. As two NYU finance profes- omy. Think about that. Your local any particular party. This leaves regu- sors wrote in a recent essay for Forbes: credit union, your small community lators unable to take action against ex- It is time to ‘‘lift the veil’’ from these bank is subject to safety and soundness cessive debt, inadequate reserves, or derivatives with more reporting and regulations, but these enormous Wall other threats. Street financial institutions that argu- with centralized clearing operations. For example, Bear Stearns had a fi- Correcting those gaps are important ably have a far greater impact on our nancial leverage ratio of 35 to 1. In economy have not been subject to safe- steps toward preventing repetition of other words, the firm borrowed $35 for the painful financial collapses we have ty and soundness regulations. Instead, every dollar of its own money. That they participated in a completely vol- seen. But we must also look in the long level of debt financing can generate term at comprehensive financial re- untary program of the Securities and fabulous profits for shareholders and Exchange Commission—a program that form. The Emergency Economic Sta- mind-boggling bonuses for top execu- was later deemed as inadequate by the bilization Act that was signed into law tives when investments flourish but SEC Chairman as he canceled it this last month calls for two reports to ad- can whipsaw disastrously if they drop fall. vance that goal. One is due in January My legislation would apply safety in value. If your equity capital is $1 and one in April. Those will be useful, and soundness regulation to invest- and you borrow $35 more to buy an but I believe our deliberations would ment bank holding companies by as- asset worth $36 and the value of that benefit from having the advice not only signing the Federal Reserve this re- asset declines by only $2, to $34, you of a small panel on a short deadline sponsibility. Although the five big are insolvent. and of the new administration but also Although credit default swaps are firms have left the field, this is a nec- from a special commission modeled on contracts rather than asset purchases, essary step. Any new investment bank the one created to examine the ter- they can also overwhelm sellers and holding company that might be orga- rorist attacks of September 11, 2001. leave buyers unable to get payment for nized would fall into the same regu- Fortunately, a plan for such a commis- the protection they thought they had latory void as its predecessors. The sion exists. It has been developed by secured. Excessive leverage and exces- SEC would be able to regulate its my colleagues, Senator LIEBERMAN and sive risk exposure can combine to ruin broker-dealer operations, but no Fed- Senator CANTWELL, and that has been even giants such as Lehman Brothers eral agency would have the explicit au- incorporated into my bill as well. thority to examine its operations for and AIG. The fallout from such collapses ex- I believe this issue of restoring con- safety and soundness or for systemic fidence to our financial markets risk. The collapses at Bear Stearns and tends far beyond the firms’ investors, employers, and business partners—and through a strong and effective regu- Lehman Brothers illustrate the tre- latory reform bill is so critical to our mendous hardship that can result this is the important point. It would be one thing if the bad decisions made by Nation—critical for promoting growth under the recent voluntary system. and job creation, for protecting retire- Federal financial officials have also Wall Street firms only affected those ment savings and public services, for pointed to a ‘‘massive hole’’ in their firms, but that is not the case, as we restoring credit to households and ability to monitor and manage sys- have learned all too well. People in small businesses, and for promoting temic risk. That is the rapidly ex- Maine and other Main Street Ameri- transparency and accountability in fi- panded markets in private, over-the- cans have felt shock and despair in re- counter contracts known as ‘‘credit de- viewing the statements for their 401(k) nancial markets—that we should focus fault swaps.’’ These are contracts that accounts. For these people, the fact of on it in a special session in December. involve paying for protection against their loss is far more important than But regardless of the decisions made default, loss of value, or another credit its cause. But for us who are assigned by our leadership on that issue, I hope event that might affect a financial the role of policymakers, under- the introduction of the Financial Regu- asset such as a government or cor- standing the cause of the problem is lation Reform Act of 2008 will prompt a porate bond or a mortgage-backed se- critical if we are to prevent its recur- much-needed debate on the funda- curity. rence. mental changes needed to modernize As government officials and financial We now know that a fundamental and strengthen our system for moni- experts have pointed out, there is noth- source of trouble was the lack of effec- toring and regulating the immensely ing perhaps inherently wrong with tive oversight, of regulation for safety complicated financial markets that such contracts. The problem, however, and soundness for the highly leveraged supply the lifeblood for growth for our is that credit default swaps are not investment bank holding companies. country. traded on regulated exchanges, are not And we know that the second problem Madam President, I suggest the ab- officially reported to our Nation’s fi- is the lack of transparency and coordi- sence of a quorum. nancial regulators, and are not even nation in the enormous market for The PRESIDING OFFICER (Mrs. subject to recordkeeping requirements. credit default swaps. STABENOW). The clerk will call the roll. Some are visible to bank examiners My bill would address the second who may take them into account when problem in two ways. First, it sets a re- The assistant legislative clerk pro- considering a bank’s risk exposure and porting requirement. For any U.S. en- ceeded to call the roll. others are summarized in voluntary tity that buys or sells a credit default Mr. WHITEHOUSE. Madam Presi- publications, but that is only a partial swap contract, it must report that fact dent, I ask unanimous consent that the glimpse into a market whose total na- to the Commodity Futures Trading order for the quorum call be rescinded. tional value has been estimated as high Commission. This simple step will go a The PRESIDING OFFICER. Without as $60 trillion. long way to increasing the trans- objection, it is so ordered.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24086 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 VETERANS DAY Senate. He has been a fervent leader to CHUCK HAGEL Mr. KYL. Madam Presdient, Novem- the people of Idaho with unwavering Madam President, I rise to recognize ber 11 marked the 54th anniversary of devotion. the service of a great public servant Veterans Day. It is an occasion when Senator CRAIG has sought to estab- and an outstanding leader. we must remember the great debt that lish Federal policies that respond to Senator HAGEL has been a committed we owe veterans and members of the the needs and interests of Idahoans by and avid servant to his home State of armed services who fight to maintain constructing strong, sustainable rural Nebraska. He has served in Congress our freedom around the world. communities, seeking access to ade- for two consecutive 6-year terms with Throughout history, our soldiers have quate, affordable health care and devel- ardent fervor for the welfare of Nebras- risked their lives to defend our free- oping natural resource and energy poli- kans and all Americans. dom, and we must not forget their sac- cies that protect the environment and Senator HAGEL has always placed the rifices. keep consistency with economic well-being of Nebraska and our Nation For my State of Arizona, Veterans growth. ahead of partisanship and personal feel- Day is particularly special because it is Senator CRAIG’s leadership in pro- ings. He has been an earnest supporter home to over 560,000 veterans. Each one moting economic development and of bipartisanship, recognizing the pro- has worked to maintain our freedom. strengthening American agriculture ductivity that can accompany joint Whether as a medic administering aid has led to the improvement of both ag- labor. His devotion to the people of his to a fallen soldier, a soldier rooting out ricultural studies and programs. His re- State and this Nation is apparent to the enemy in a safe house, or a me- silient leadership has helped to foster any who know him. He has distin- chanic servicing the military equip- numerous programs in Idaho that will guished himself as a soldier and public ment, every veteran played an integral benefit agricultural entrepreneurship servant of the people, demonstrating role in our military and thus strength- and help to strengthen the partnership an exemplary character of which Ne- ened our Nation. Our veterans shoul- between State and Federal groups. Sen- braskans can be proud. dered this great responsibility with ator CRAIG has truly served the people Madam President, I ask my col- courage, dedication and honor. We, as a of Idaho with distinction. leagues to join me in paying tribute to this magnificent Senator. Nation, cannot forget the countless Madam President, I ask my col- sacrifices our veterans have made for leagues to join me in paying tribute to WAYNE ALLARD this country. this magnificent Senator. Madam President, I rise to recognize Brave men and women in our Armed the service of a great public servant PETE DOMENICI Forces continue to fight the war and an outstanding leader. against terrorists. It is important to Madam President, I rise to recognize Senator ALLARD has been a tremen- remember that the troops currently the service of a great public servant dous and dedicated servant to his home working to defeat the terrorists all vol- and an outstanding leader. State of Colorado. His distinguished ca- unteered for our Nation’s military. Senator DOMENICI has been a tremen- reer spans 17 years in the U.S. Senate Young people today are presented with dous and dedicated servant to his home and the House of Representatives. many opportunities when they begin State of New Mexico. His distinguished Senator ALLARD has been a devoted their careers, and many serving in the career spans 36 years, making him the champion of the State of Colorado. His military could have chosen a more lu- first New Mexican to serve six full 6- tireless commitment to the people of crative career that would not put them year terms and the longest serving Colorado is evident to all who know in harm’s way or take them away from Senator of his State. him. He has been an ardent supporter their families. This act of selflessness Senator DOMENICI has been a devoted of increased national attention to the not only underscores the patriotism of champion of the State of New Mexico. importance of savings plans and invest- our Nation, but also highlights the His relentless commitment to the peo- ments and small business concerns. dedication of our Nation’s youth. We ple of New Mexico is evident to all who Madam President, I ask my col- should be thankful that so many Amer- know him. As a respected leader in the leagues to join me in paying tribute to icans are willing to serve their Nation, Senate, he has pushed to strengthen this magnificent Senator. particularly at such a critical and dan- energy security, curb nuclear prolifera- JOHN WARNER gerous time. tion, promote fiscal responsibility in Madam President, I rise to recognize In the coming year, Congress will be the Federal budget, and has dem- the service of a great public servant called upon to preserve care and serv- onstrated profound leadership skills in and an outstanding leader. ices to our veterans, as well as to sup- his desire to continuously improve New Senator WARNER has been a tremen- port our men and women who are en- Mexico’s economy. dous and dedicated servant to his home gaged in the missions abroad. We can- Among his many accomplishments State of Virginia and our Nation. His not forget those who have given up so and priorities, Senator DOMENICI has distinguished career spans 30 years in much to fight for our Nation, and we placed the importance of our future the U.S. Senate, making him the sec- will work to ensure that our veterans generation at the forefront. He recog- ond longest serving U.S. Senator from and soldiers are recognized for their nizes the necessity of cultivating the Virginia. service. young minds of today to ensure a Senator WARNER has always placed My family and I pay respect to all bright future. Over a decade ago, Sen- the well-being of Virginia and the soldiers who have sacrificed to ensure ator DOMENICI introduced the Char- United States ahead of partisanship America remains free, safe, and the acter Counts Program into New Mexi- and personal feelings. He has been an symbol of democracy for the world. I co’s school curriculum. Under the guid- ardent supporter for the men and am immensely grateful to all who have ance of this program, schoolchildren women of the Armed Forces. As a re- served this great Nation. learn the value of trustworthiness, re- spected leader, he pushed to modernize f spect, responsibility, fairness, caring, the structure and operations of the and citizenship as they build their military to ensure its effectiveness in TRIBUTE TO SENATORS character. Such traits are reflected in the 21st century. LARRY CRAIG Senator DOMENICI. His legacy of public Madam President, I ask my col- Mr. INOUYE. Madam President, I service has truly left its mark on Con- leagues to join me in paying tribute to rise to recognize the service of a great gress and will forever remain in the this magnificent Senator. public servant and an outstanding lead- hearts of New Mexicans. JOHN SUNUNU er. Madam President, I ask my col- Mr. CONRAD. Madam President, I Senator CRAIG has served his home leagues to join me in paying tribute to rise today to honor my colleague, Sen- State of Idaho for 17 years in the U.S. this magnificent Senator and friend. ator JOHN SUNUNU, who will be leaving

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24087 the Senate at the end of this term. to acquire, Sergeant Clark played a years old, was an exemplary marine. Senator SUNUNU has represented the vital role as the eyes and ears of his Throughout his service, which included great State of New Hampshire for 12 team. a tour in Iraq during 2006, Corporal years in Congress, serving six of those Sergeant Clark’s dedication and tal- Robles received three medals of Good years in the Senate. Senator SUNUNU ent earned him a number of awards, in- Conduct from the Marine Corps; two and I both served on the Finance Com- cluding the Global War on Terrorism Sea Service Deployment Ribbons; the mittee. Although we did not always Service Medal, the Iraq Campaign Afghanistan Campaign Medal; the Iraq agree, I found JOHN to be willing to Medal, the Army Service Ribbon, and Campaign Medal; the Global War on work in a bipartisan manner to con- the Combat Action Badge. He was also Terrorism Service Medal; the National front the major challenges that our a two-time recipient of the Army Com- Defense Service Medal; and the Purple great Nation faces. mendation Medal, which recognizes ex- Heart. Raised in Salem, NH, JOHN SUNUNU emplary service. All of Nebraska is proud of Corporal became interested in public service Sergeant Clark and his team were Robles’ service to our country, as well early in life when his mother served as charged with maintaining security in as the thousands of brave men and chair of the local school board. JOHN the eastern portion of Mosul, which is women serving in the U.S. Armed attended public school in Salem and Iraq’s second largest city and one of Forces. later earned advanced degrees from the the remaining centers of operation for Corporal Robles is remembered as a Massachusetts Institute of Technology al-Qaida in Iraq. They carried out their devoted son and brother. He is survived and the Harvard Graduate School of mission—one of the most dangerous by his parents Cesar and Yolanda; sis- Business. and important of the war—with cour- ter Beatriz; and stepsiblings Cesar and JOHN SUNUNU was elected to rep- age and tenacity. Ricardo Robles and Yovana Chaparro. resent New Hampshire’s First Electoral As a result of their efforts, security I ask my colleagues to join me and District in the House of Representa- conditions in Mosul have markedly im- all Americans in honoring U.S. Marine Corps Corporal Adrian Robles. tives in 1996. In the House, JOHN served proved, and neighborhoods in the city on the Budget and Appropriations that were once under control of ex- f Committees. He quickly rose in rank tremists have been reclaimed and NATIONAL MENTORING MONTH turned over to the Iraqi people. Two on the Budget Committee, becoming Mr. CARPER. Madam President, I days before Sergeant Clark’s death, its vice chairman. In 2002, he was elect- rise today to recognize National Men- American forces in Mosul killed Abu ed to represent the Granite State in toring Month. The designation of Janu- Qaswarah, the second-in-command for this Chamber, becoming its youngest ary as National Mentoring Month al- Member. al-Qaida-in-Iraq who coordinated oper- lows us to focus national attention on JOHN and I worked together on nu- ations in the region. Thanks in large the need for mentors, as well as how merous occasions. We both served on measure to the incredible courage and each of us—individuals, businesses, the Finance Committee This summer, skill of Sergeant Clark and his men, schools and community groups—can JOHN joined the so-called ‘‘Gang of the tide in Mosul is turning. work together to ensure brighter fu- Ralph Waldo Emerson wrote that, Ten’’ as it expanded from 10 to 20 mem- tures for our young people. bers. Together, we sought pragmatic, ‘‘the characteristic of genuine heroism Mentors serve as role models, advo- bipartisan solutions to our Nation’s en- is its persistency. All men have wan- cates, friends and advisers. Numerous ergy crisis. Senator SUNUNU also joined dering impulses, fits and starts of gen- studies show that mentors help young me in standing up for our Nation’s sen- erosity. But when you have resolved to people augment social skills, enhance ior citizens and opposing cuts to Medi- be great, abide by yourself, and do not emotional well-being, improve cog- care-financed nursing home care. weakly try to reconcile yourself with nitive skills and plan for the future. JOHN will be remembered for his com- the world. The heroic cannot be com- For some children, having a caring mitment to individual liberties and mon, nor the common heroic.’’ adult mentor to turn to for guidance limited Government. In the uncertain- Sergeant Clark possessed the persist- and encouragement can make the cru- ties of today’s world, Senator SUNUNU ence and dedication to duty that is the cial difference between success and has been a voice for preserving civil mark of a genuine hero. He enlisted at failure in life. liberties in the light of increased law a young age. He deployed and he rede- As a longtime mentor myself, I cer- enforcement needs. ployed. He served every day in Iraq tainly know that there are few things I thank Senator SUNUNU for his years committed to his country, his men, and more rewarding than making a dif- of public service and wish him and his his mission. He carried out his mission ference in the life of a child. Mentoring family the best in the future. with distinction and honor. He was programs are not only advantageous to f anything but common, and we are all our students, but they are also reward- better for it. ing to the mentor. In Delaware, men- HONORING OUR ARMED FORCES To Sergeant Clark’s mother Cherie, toring has become an integral part of SERGEANT MICHAEL K. CLARK his father Bradley, his wife Nalini, his our school system and is one of the Mr. SALAZAR. Madam President, it son Lucas, and all his friends and fam- keys to improving academic achieve- is with a heavy heart that I rise today ily, I cannot imagine the sorrow you ment among at-risk students. to pay tribute to the life and service of must be feeling. I hope that, in time, As Governor, I helped recruit 10,000 SGT Michael Clark. A member of Fort the pain of your loss is assuaged by mentors as part of a statewide effort Carson’s 3rd Brigade Combat Team, your pride in Michael’s service and by and was actively involved in encour- Sergeant Clark was killed on October 7 your knowledge that his country will aging individuals, churches, service when his foot patrol was ambushed in never forget him. We are humbled by clubs, students and corporations to Mosul, Iraq. He was 24 years old. his service and his sacrifice. help mentor Delaware’s at-risk chil- Sergeant Clark was on his second de- CORPORAL ADRIAN ROBLES dren. However, at the national level, 15 ployment to Iraq and in his fourth year Mr. HAGEL. Madam President, I rise million children are still in need of of service in the 3rd Brigade. He was to express my sympathy over the loss mentors, and it is imperative that we assigned to the brigade’s 1st Battalion, of United States Marine Corps Corporal continue to expand grant programs. 8th Infantry Regiment, and served as a Adrian Robles of Scottsbluff, NE. Cor- I am proud that Congress has been fire support specialist, a job that re- poral Robles died on October 22 from working toward increasing the funding quires quick thinking, unusually injuries he sustained while supporting for mentoring. I have cosponsored two strong stamina, and a mastery of the combat operations in Helmand prov- pieces of legislation that support men- techniques of target processing. In this ince in southern Afghanistan. toring including the Mentoring Amer- urban, guerrilla-style conflict, where A graduate of Scottsbluff High ica’s Children Act, which was intro- the enemy’s location is often difficult School, Corporal Robles, who was 21 duced by Senator CLINTON. This bill is

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24088 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 based on joint recommendations of the to add a bit of levity. This low-key, committee on Investigations. During a MENTOR/National Mentoring Partner- low-ego approach helped keep things in 7-year period on Senator Percy’s staff, ship, Big Brothers Big Sisters of Amer- the office light and upbeat. Where Lynn also served as office manager for ica and the National Collaboration for there was laughter in my office, Tim his personal office before she became Youth. The act would broaden the was usually there and we all appre- chief clerk of the Subcommittee on En- reach of mentoring programs to in- ciated it. ergy, Nuclear Proliferation and Gov- clude a number of specific populations But humor aside, Tim’s passion for ernment Process. of young people—including children in public service and military matters, es- Following a 4-year absence from the foster care and those living in commu- pecially defense appropriations, has Senate, Lynn returned in 1987 as execu- nities with high rates of youth suicide. been his strongest attribute. While tive assistant and scheduling director The Mentoring America’s Children Act working full time in my office, Tim at- for Senator KENT CONRAD of North Da- would also help students gain profes- tended evening classes at the Naval kota. When she became office manager sional skills by implementing intern- War College and obtained a master’s for Senator Mark O. Hatfield of Or- ship programs during the school year. degree. When Granite State service- egon, Lynn worked closely with senior The second piece of legislation I have members were recuperating at Walter Disbursing Office staff to develop the cosponsored is the Mentoring for All Reed, Tim would often drive out there, first electronic financial management Act. This bill, introduced by Senator visit them, and make sure that they re- system and time and attendance sys- KERRY, would create a competitive ceived the best care possible. Time and tem for personal Senate offices. Fol- grant fund to strengthen and grow again, he went above and beyond the lowing Senator Hatfield’s retirement, mentoring infrastructure across the call of duty. Lynn worked as office manager for country and provide additional support Although Tim’s new job will not be MAX BAUCUS of Montana before return- and funding to direct service men- taking him too far from the Hill, he ing to the Senate Committee on Gov- toring organizations, both at the na- will be missed. Whether it be his good ernmental Affairs as chief clerk in 1998. tional and local levels. cheer, his expertise, or his dedication Lynn was financial clerk of the com- In addition to cosponsoring these two to service, Tim will be hard to replace. mittee when I assumed the chairman- bills, I also signed onto a letter to Sen- Fortunately, it is good to know that ship in 2001, and then moved to my per- ators HARKIN and SPECTER encouraging the Federal Government will still ben- sonal office as administrative director increased funding for mentoring to be efit from his talents as he works for in 2003. added into the fiscal year 2009 budget. our men and women in the Armed As administrative director, Lynn has The letter encourages the Senate Sub- Forces at the Pentagon. I am sure Tim made a number of contributions that committee on Labor, Health and will make us all proud there and I wish have helped my office better serve Con- Human Services, and Education to in- Tim best of luck on this new chapter in necticut. Always open to new ideas, clude $100 million in their appropria- his life. Lynn implemented the acquisition and tions bills for mentoring. f use of new technologies that enabled There are literally millions of stu- my staff to perform their duties more TRIBUTE TO LYNN BAKER dents in our schools who would benefit efficiently. She also took the initiative greatly from having another positive Mr. LIEBERMAN. Madam President, to update and rewrite my office policy role model in their lives. I pledge to I wish today to express my deep grati- manual, and played a leading role in continue to fight for increased funding tude and heartfelt best wishes to my integrating my office with a new soft- of mentoring programs all year, not administrative director, Lynn Baker, ware system that will revolutionize the just during National Mentoring Month. who will be retiring at the end of the way my staff communicates and works I am proud and grateful to our Nation’s month after 27 years of distinguished together. Lynn was instrumental in mentors who realize that less than an service in the U.S. Senate. the redesign of my Senate office in hour of our time each school week can Lynn is a perfect example of the 2005, which resulted in an attractive, make a lifetime of difference to a child countless people who serve the Senate comfortable, and functional work and to each of us. as dedicated, nonpartisan employees. space. f Whether it has been as a member of Lynn has formed many lasting committee staff or in personal offices, IN RECOGNITION OF TIM LITVIN friendships throughout the Senate the Senate could not function without community, where she is beloved and Mr. GREGG. Madam President, today professional staff such as Lynn Baker. respected for her character, judgment, I rise to make a few comments about a Over the past 27 years, Lynn has and professionalism. I know I speak for longtime staffer in my office, Tim worked with many staff and interns, my staff and many in the Senate fam- Litvin. all of whom have benefitted from her ily when I say how difficult it will be A native of Manchester and a grad- experience, wisdom, and guidance. for us to bid a fond farewell to Lynn. uate of Central High School, Tim came When asked about Lynn, many current Her patience, warmth, and wise counsel to work for me first as an intern from and former staffers will tell you that will be greatly missed. However, we all Colgate University and then joined the she is always willing to listen and offer wish Lynn good health and happiness office full time in 2001. Through his 7 advice. She takes great pride in en- always as she begins her well-deserved years of service, Tim rose through the couraging junior staffers to develop retirement. I know that she has much ranks from manning the front desk to their abilities and pursue their goals. to look forward to with her loving hus- becoming a legislative aide on critical One former staffer remembers that band, Steve Nousen, and their son, defense and military issues, as well as Lynn made her feel like part of the Daniel Baker. on other matters. From making sure family when she opened her home to I extend to Lynn Baker my personal our veterans and soldiers received the this staffer until appropriate housing thanks and congratulations for 27 highest level care and attention, to his could be found. It is no wonder that years of exemplary public service to work with the Portsmouth Naval Ship- Lynn stays in touch with so many of the U.S. Senate. yard, Tim gained respect from all those those with whom she has worked who crossed his path. throughout her tenure in the Senate. f In my office, Tim always came to Lynn graduated with a degree in his- work with a smile, a willingness to tory from Lake Forest College in Illi- IDAHOANS SPEAK OUT ON HIGH help, and a good sense of humor. At of- nois, including a semester abroad in ENERGY PRICES fice functions in the conference room Florence. She subsequently worked in Mr. CRAPO. Madam President, in or on the softball field, Tim would al- a Washington law firm for 2 years be- mid-June, I asked Idahoans to share ways crack a few jokes among his co- fore joining Senator Charles H. Percy with me how high energy prices are af- workers, sometimes at his own expense of Illinois’ staff on the Permanent Sub- fecting their lives, and they responded

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24089 by the hundreds. The stories, num- oline prices. I agree that we in the US are far change. We need to do in-depth independent bering well over 1,200, are heart- too dependent on petroleum for energy. But analysis on our trade policies to determine breaking and touching. While energy I think it is a selfish and short-sighted view what the long term effect will be on the av- prices have dropped in recent weeks, to defeat the climate change legislation. Our erage American. Government policies need focus should be, as you mentioned, on using to benefit society as a whole rather than a the concerns expressed remain very rel- less petroleum, not searching for petroleum few. Our society is too self-centered on the evant. To respect the efforts of those everywhere we can, no matter the ecological ‘‘me’’ rather than on the collective ‘‘commu- who took the opportunity to share cost. It is true; we do not have good mass nity’’. We also need to have a comprehensive their thoughts, I am submitting every transit in Idaho and especially in the more energy policy. This policy needs to be long e-mail sent to me through an address densely populated Treasure Valley. I think term and address conservation, efficiency, set up specifically for this purpose to tax dollars would be well spent to improve alternative and renewable sources of energy, the CONGRESSIONAL RECORD. This is not the mass transit situation in the Valley. and possibly take into consideration addi- We need to give tax incentives to clean, re- tional domestic production of oil with strin- an issue that will be easily resolved, newable energy sources and rescind the tax but it is one that deserves immediate gent environmental safeguards and firm con- breaks given to the huge oil companies who sequences for those companies that fail to and serious attention, and Idahoans de- have been reaping record profits at the ex- comply with those safeguards. serve to be heard. Their stories not pense of all Americans. The answer is in con- BRENT DANIELSON, Boise. only detail their struggles to meet ev- servation which includes improved mass eryday expenses, but also have sugges- transit and in alternative transportation I am a single father of two sons, 3 years tions and recommendations as to what where there would be improved avenues for and 13 months old. I am a truck driver. I bicycling and walking. make decent money and have good benefits. Congress can do now to tackle this It is true. I will not be driving as far for va- problem and find solutions that last be- But these fuel prices have gone too far for cation this year, though I would like to ex- our society! I am lucky I work at a place yond today. I ask unanimous consent plore areas in Idaho I have not yet seen. It to have today’s letters printed in the where I can get a free bag of potatoes every now becomes an expensive venture just to once in a while because I cannot go grocery RECORD. get to the Sawtooths or White Clouds. shopping because it is all too expensive! There being no objection, the mate- TIM, Boise. Wages have not changed a bit. I am sick of rial was ordered to be printed in the it and I am losing almost all of my faith in I am contacting my Congressman about RECORD, as follows: our government and the people representing energy just as you have encouraged your We are glad to hear that at least one of our the common people like me. One of my best constituents to do. I am in dismay, however, politicians is concerned about how the gaso- friends who was an owner-operator had to at the continued opportunism and political line prices are affecting the middle class. quit because diesel got too high for him to grandstanding. That is, the only answer I see Most of us feel that our government is ex- profit much at all. Now it is been three from many is to drill more oil. Every cred- tremely out of touch with the majority of weeks and they just got their phone shut off ible energy scientist and economists knows the country. two days ago and their power shut off today. that this will do little or nothing to curb our We are retired on a fixed income and we My stimulus money has gone to my power foreign oil imports and zero to reduce the worked hard all our lives and saved to get a bill, gas bill, rent etc. Sure you do not like cost of fuel. Yet, despite this ever-predict- motor home for vacations, but unfortunately to fill up your gas tank but does it cripple able call for more domestic oil production, we now cannot use it because of the price of you financially like it does many, many peo- you flatly concede that ‘‘speculation [is] now gasoline and it just sits there. We try to go ple? I think not. I have always stuck up for driving up the cost of oil.’’ So I ask: why are out shopping for groceries and any other ne- our local and federal government on many you and your colleagues still calling for cessities just once a week, making a list of issues and criticized them on other issues, more drilling when you know what it is you items and stores, color coding so we do not but this time I as well as many people are can do now to reduce fuel costs? Why are you forget anything. The cost of energy also has fed up. Seriously this time, I am to the point not regulating ‘‘the speculation now driving increased the price of groceries tremen- now where I am struggling to make ends up the cost of oil’’? Commodities speculators dously, so basic foods and produce are the meet. I have spent over $60 in the last three are at the heart of extreme oil prices, not norm—doing away with any treats. We have days in gas just to get to work and back— supply and demand imbalances. We do not never seen the price of gasoline increase day that is it. And I am close to empty again and want to hear any red herring arguments by day and a nickel to a dime at a time. I have to get diapers for my son before I go about the average Joe’s retirement portfolio We desperately need to have alternate to work tomorrow. The diaper money is com- sources of energy, such as coal, windmills, owning the bulk of oil company shares. The ing out of the power bill money I had put solar and nuclear. We should have been issue is speculation; the answer is regulation back. You need to sound off and be heard. At building new refineries and recovering oil off of speculation. least make it known to us that you are voic- all of our coasts since the 1970s when this JASON, Moscow. ing our concerns. same problem came up at that time, but, to CAMERON, Boise. our shame, we did not. Last week I heard on the news that you Automobiles should get a lot more than have received many letters and e-mails re- the 35 mpg that we have heard mentioned for lated to high gas prices. Hence, I have de- My husband and I are retired, he is mili- future vehicles. It should be at the very least cided to write in and give you my two cents tary retired and we recently purchased a 60 mpg, and there is no reason in this world on the matter. small travel trailer since he can no longer with our technology that this could not be a I believe that the primary culprit that is ride his motorcycle and our maiden voyage reality. Something should be done to in- causing high gas prices is globalization; par- with it cost $300 in gas to go 200 miles round crease the mileage on all of the vehicles that ticularly in the emerging economies of China trip! Between gas and food prices, we cannot are already on the road. This is never men- and India. The rapid growth of their econo- afford to go anywhere, much less eat out. We tioned. We cannot just go out and buy a hy- mies has drastically increased their demand have changed our daily living dramatically, brid or other fuel efficient vehicle at the for petroleum. and it is not a happy way to be in your re- drop of a hat to help the situation. We drive Along with developing a comprehensive en- tirement years. our 2002 Honda 4 cylinder between 55 and 60 ergy policy, the executive and legislative We urge you and all of Congress to start mph on the highway to increase our fuel effi- branches of our federal government need to drilling in our nation and bring back more ciency and you should see the bad looks we re-examine our economic policies, particu- nuclear power plants. We must relieve our- get. Highway mileage should be lowered to 55 larly in areas of foreign trade. During the selves of dependence on foreign oil ASAP. mph like in the 70s to help conserve. past two decades, the American middle class Lord only knows what are grandchildren We do hope that our government does has gotten the short end of the straw when it have to look forward to at this insane rate! something quickly to improve this situation has come to previous trade policies. One does ANGELO, Hayden Lake. and that it is not handled like it was in the not have to look farther than our orchard in- 70s—all talk and no action. We need to be de- dustry in the Treasure Valley. These trade I will get right to the point—my wife and pendent on no one but ourselves for our en- policies have really only benefitted the very I are out of money. Our incomes have not ergy needs. No one is going to take care of wealthy in our country. When I was in col- changed and our incomes used to pay our the USA and its citizens but the USA itself. lege ten years ago, we talked about bills with money to spare. We have a 91 We need some action now—please. globalization in one of my classes and how if Honda wagon and a 99 minivan, we pay $50 ROBERT & ROBERTA, China copied the U.S.’s consumption then we and $70 to fill them up. Grocery prices are up Idaho Falls. would be paying a premium for gas. This is 100% in the last couple years because gas now reality. prices are killing the trucking industry. Ex- Thanks for the opportunity to respond to In conclusion, too often our government pensive gas has made almost everything else your e-letter regarding energy costs and gas- fails to look long-term. It is time for a expensive. Today, after filling both our cars

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24090 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 with gas and grocery shopping, (with a list, There was a Democratic senator from the but that is difficult to prove. With the fuel mind you), we ran out of money. For the South who retired, I forget his name but he prices so high, if I do find employment, it first time ever, we put groceries on a credit wrote a book, ‘‘A Grand Party No More’’. Be- will take a huge chunk of my pay just to get card. We are not credit card people, so this is fore he retired, he went to see for himself back and forth to work. Are unemployment anathema to us. where we would drill in Alaska. He said there benefits going to be extended for Idaho resi- When I turn on the TV or radio I hear some would be no harm to anyone or anything, it dents? My benefits ended this week, no hope politician telling us that drilling will not is so far out in no man’s land. He said if of a job in sight and my husband can not make a difference for ten years. As an engi- there was a leak it would be of no con- work due to medical reasons. What is a per- neering student, I cannot stomach that level sequence as it would freeze the minute it hit son to do? of [deception]. First of all, I do not believe the ground. It is time we push the environ- Getting Desperate that is true and second, if it were true, then mentalists to the wall and out of the way. I JANET, Emmett. we sure better get started. What if every believe in saving trees and wildlife, but there time an education bill were introduced, we is no danger to any of these where we would As Director of Gritman Adult Day Health responded by saying that we would not see drill. I recognize that we need to become which provides day health care for elders the results for 12 years so let us not do it. independent of so much oil but how do we do who want to remain in their own home in What if I told my child not to go to college that. I drive a ‘95 Forerunner and it is paid Moscow and Latah County, I am including because they would not see a payoff for at for. Not the best gas mileage but it is paid an article from the NY Times which talks least four years so do not bother. We are fi- for. I cannot afford any kind of a car pay- about the cost of gas and how it affects rural nancially dying and our so-called leaders are ment for one of those new hybrids. Rebates elderly. It is very sad that these folks who regurgitating some of the stupidest things I are nothing, $2,000 in exchange for $26,000? often aren’t able to drive are so affected by have ever heard. The cost of a new car buys an awful lot of the cost of gas. Please do everything you can The bottom line is this: This planet does gas. My income does not allow for any car to remedy this: http://online.wsj.com/article/ not exist for its own sake, it exists for ours. payment. SB121263496261947543.html?mod=googlenews_wsj We are not here by some cosmic accident; we Everything is going crazy! A loaf of bread BARB, Moscow. are here by design and our designer gave us that cost $2.89 last year is now $4.29. Any- the tools we need to live and prosper. The thing with corn or wheat is gone out of sight. Gasoline prices are now far too high for the failure to drill for new oil and create new re- We pay farmers not to grow wheat and now average family, and causing increasing rises fineries is the result of environmental phi- I hear we have to import it? How sad for in the cost of living in many other areas. For losophies, which are based on evolutionary America. America has sold its soul to China, thinking. To the environmentalist, our pur- instance, every time one goes to the grocery Mexico, Japan. If we were ever to go into an- pose here is no more significant than that of store, an increase in pricing is noted on other world war, we could not even build any other animal, and we, by accident of items, and thus causing many to have to go what we would need to fight it. Is there a evolution, happen to have the power to sus- without needed supplies. Saving a percentage steel mill left in America? Is there a textile tain or destroy this environment. Without a of income has become just a dream for many, cosmic caretaker, the earth itself becomes mill left in America? You would be pretty and others cannot make ends meet without our only god and the environmentalist shows hard pressed to find one, a sad statement on going into further debt. his worship by reducing or eliminating us. BEVERLY, Parma. human impact upon it and by treating hu- As to what I do? No trips during the week mans as vermin. It is an old religion and I except to work and back. If I can do any er- Yes, gas has gotten way out of hand. Do am tired of suffering at the hands of it is rand on the way, great, otherwise, it waits what you can to decrease the costs and re- misguided priests. till the weekend. I plan one trip, one circle. turn to a life with some normalcy. Please do your best to release energy, spe- If something is missed, too bad, it is missed. DIANA, Kootenai. cifically nuclear and oil, to the free market The real clincher is this, I tithe to my system. Irrational environmental policy and church, I give the Lord 10% of my gross in- Thank you for at least noticing that we regulation have prohibited natural market come. It costs me almost as much, $10 less, have a problem with the cost. I do not be- forces from creating more supply and oil- to keep my car in gasoline between pay- lieve, however, that anything can be done pricing based on speculation has prevented checks. Now I think it is pretty awful when with out us paying somewhere else. I make a the market from determining price. Imagine I have to give the gas company as much as good living working for the military here in going to Wal-Mart to buy a t-shirt and find- I give the Lord. He gives me everything I Boise but am still unable to put any money ing that they now cost $100; and when you have, the gas company gives me nothing ex- aside. It is funny that every time we receive ask the owner why this was so, he replies cept anger when I hear of the profits they a pay raise that the price of fuel goes up and that speculators determined that cotton make. And I think that pretty well sums it our health care premiums grow as well, so crops would fail next year, so in preparation up, 10% to the Lord vs. almost as much to you never see any savings. Thanks again; they have raised prices early. As you know, the gas company! good luck with this effort. this is not how prices are determined. The DIANNE, Hayden Lake. CLINTON, Emmett. cotton producer charges as much as he can f based on his costs and competitors prices I am a taxi driver here in Boise. In a year’s and Wal-Mart charges a markup. If cotton time, the cost to fill my tank has increased ADDITIONAL STATEMENTS crops indeed fail next year, then the buyer nearly 100% but my average fare has re- pays more for the rare product and they pass mained static. If it were not for my military the increase to the consumer. When oil spec- retirement, I would no longer make enough TRIBUTE TO LARRY VANDERHOEF ulators set price, we pay increases at the to cover basic costs and make a profit. I am ∑ Mrs. BOXER. Madam President, I am 61 years old and am not practiced in a mar- pumps whether those speculations came true pleased to recognize the career and or not. There is no real connection to supply. ketable skill so the prospect of making a Please work to make this kind of price set- move to another occupation is nil. My only contributions of University of Cali- ting illegal and please work to release drill- reasonable hope is that Boise will increase fornia, Davis, Chancellor Larry ing and refinement. The further we remove a our per mile fees in the near future; it is un- Vanderhoef for his 25 years of service commodity from the free market grid by so- likely that fuel prices will decrease in the to the university. cialist controls and uneducated environ- near future. Chancellor Vanderhoef was born in a mental policy the more the people, you I have been watching your position on do- small Wisconsin town and was the first claim to represent, are hurt. Make the Amer- mestic drilling with interest. Though alter- person in his family to graduate from native energy sources are imperative for the ican dream possible by making it affordable. high school. After high school, he at- JASON, Boise. future of America, I am pleased to see that you share my position that energy self-reli- tended the University of Wisconsin, The rising cost of fuel has a tremendous ef- ance is the immediate solution to our Milwaukee, where he earned a B.S. and fect on my household consisting of my hus- present crisis. I applaud you and urge you to M.S. in biology and later earned a band and myself. I am sole support for our continue your good work and prosecute this Ph.D. in plant biochemistry at Purdue family. Senator, as you know, wages in agenda with rigor. University. Chancellor Vanderhoef Idaho fall behind many other states. The EARLE, Boise. began his career in education at the cost of gas is outrageous and I blame the University of Illinois in 1970 as a fac- Congress for a lot of it. Why are not we drill- Not only is the fuel much too high but I ing in Alaska? Why are not we building re- cannot find employment. I am over 60, have ulty member and was appointed pro- fineries away from coasts where hurricanes experience, but it seems I am ‘‘over-quali- vost at the University of Maryland, have a tendency to hit? Why are not all of fied’’ or I need more ‘‘experience’’. What a College Park, in 1980. He spent the next our refineries running full bore? lot of rubbish! I call it age discrimination, 4 years at the University of Maryland

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24091 before heading west to California and expertise on clean oceans and respon- the 100th anniversary of the Town of the University of California, Davis, in sible water management. She also Allensworth, a town located in Califor- 1984. founded several well-known organiza- nia’s San Joaquin Valley founded by Chancellor Vanderhoef began his ca- tions that continue to make an impact COL Allen Allensworth. reer at U.C. Davis serving as executive on California’s environment. After his retirement, COL Allen vice chancellor and later as provost/ex- Dorothy Green was born in Detroit to Allensworth, who escaped slavery dur- ecutive vice chancellor. In April 1994, Polish immigrants in 1929. She moved ing the Civil War to serve with the Larry Vanderhoef was named the fifth to California where she graduated from Union Army, arrived in California in chancellor of the University of Cali- the University of California, Berkley, hopes of developing a settlement where fornia, Davis. with a degree in music. She married hard work and a strong sense of com- Under Chancellor Vanderhoef’s lead- her husband Jacob in 1951. For many munity would enable the town’s resi- ership, U.C. Davis experienced a period years, Dorothy stayed home and took dents and future generations to realize of dramatic growth, adding 4 million care of her children. In 1962, she began their full potential as free citizens and square feet of office, classroom, lab, dedicating her life to volunteerism without discrimination. and clinical space to support its 8,000 with her involvement in the Excep- In 1908, the settlers eventually set- additional students and 44 percent tional Children’s Foundation, com- tled on a region located between Fres- more faculty. He revitalized the south mitted to helping children with devel- no and Bakersfield in Tulare County, a end of campus with the additions of the opmental disabilities—like her son, site with an abundance of rich farm Robert and Margrit Mondavi Per- Hershel. land, a site that they would name forming Arts Center, the Robert Dorothy began advocating for water ‘‘Allensworth’’ in honor of the Colonel Mondavi Institute for Wine and Food quality in 1972 when she volunteered in whose belief in self-determination and Science, and the Graduate School of a campaign to establish the California liberty led them to central California. Management. Coastal Commission. From there, In just a few years after its founding, During Chancellor Vanderhoef’s ten- Dorothy became president of the Los the town of Allensworth grew from a ure at Davis, the university was in- Angeles League of Conservation Vot- remote outpost to a vibrant commu- nity with a school, church, and a num- vited to join the Association of Amer- ers, where she focused primarily on ber of thriving businesses. The library ican Universities, recognizing Davis’s sewage treatment. However, Dorothy is in Allensworth was the first in Tulare standing as a top research university. best known for forming one of the larg- County. Allensworth was a close-knit The campus has also been recognized est, nonprofit environmental groups in community where residents often came by U.S. News and World Report as the Los Angeles in 1985, Heal the Bay. Heal together to participate in formal de- 11th best public university and Wash- the Bay has grown to 15,000 members bates, plays, and a number of social ac- ington Monthly recognized it as the 8th and fights to protect coastal waters, tivities. best university for their contributions clean up beaches, and reports on the After Colonel Allensworth’s passing to society. water quality conditions of over 500 in 1914, a number of families remained Over his career, Chancellor California beaches through its annual in pursuit of his vision, and their dedi- Vanderhoef has been honored for his Beach Report Card. cation to the principles of freedom and dedicated leadership at U.C. Davis and Dorothy’s work did not stop with liberty earned the town the title ‘‘the in the community. In 2003, the Arts and Heal the Bay. She went on to found the town that refused to die.’’ Business Council of Sacramento hon- Los Angeles and San Gabriel Rivers In 1974, the California State Parks ored him with its Prelude to the Sea- Watershed Council to preserve, restore, purchased the townsite of Allensworth, son Outstanding Contribution Award; and enhance the economic, social, and and it became the Colonel Allensworth in 2004, he was honored as Sacramentan environmental aspects of the local wa- Historic State Park, the first State of the Year by the Sacramento Metro- tersheds. She also went on to help es- park that highlights the contributions politan Chamber of Commerce; and in tablish the Public Officials for Water made by African-American pioneers to 2006 he was given the Northern Cali- and Environmental Reform and the the State of California. fornia International Leadership Award California Water Impact Network— Today, the Allensworth Historic from the Northern California World both dedicated to water sustainability. State Park, where many of the town’s Trade Center and California Business, Even to the very last days of her life, original buildings have been restored Transportation and Housing Agency when she was bedridden and under hos- and reconstructed, provides a window for his efforts to increase the campus’s pice care, Dorothy fought for positive for visitors to see the vision of COL international engagement. He was also change. She wrote an editorial for the Allen Allensworth, a true California named one of the 20 people who have Los Angeles Times, pleading for sen- pioneer. contributed most substantially to Cali- sible water policy, and she even pro- The story of the town of fornia’s Capital Region over the past 20 vided specific guidance on how to ob- Allensworth’s years is a testament to years by The Sacramento Business tain it. Dorothy inspired others to take the value of freedom and determina- Journal. action on environmental issues tion. As its many admirers gather to As the University of California and through a life of dedicated leadership celebrate the 100th anniversary of Davis community gather to celebrate and service. Allensworth, I thank them for their the retirement of Chancellor Larry Green is survived by three sons, support and wish them a successful and Vanderhoef, I would like to congratu- Joshua, Avrom and Herschel; two enjoyable visit.∑ late him and thank him for his service brothers, Morris and Gerald; and three f to California.∑ granddaughters, Jessica, Katherine and REMEMBERING BRADLEY MOODY f Tara. I send my deepest condolences to them. ∑ Mrs. BOXER. Madam President, I ask REMEMBERING DOROTHY GREEN Our Nation lost an amazing environ- my colleagues to join me in honoring ∑ Mrs. BOXER. Madam President, I am mental activist with the passing of the memory of a dedicated law enforce- honored to remember a great American Dorothy Green, but her legacy to the ment officer, Officer Bradley Alan activist, environmental leader, mentor, State of California and promotion of Moody of the City of Richmond Police and woman of service—Dorothy Green, clean ocean water will live on.∑ Department. For the past 8 years, Offi- who passed away on October 13, 2008, at f cer Moody worked tirelessly to provide the age of 79. the citizens of Richmond with safety Dorothy’s career as a leading envi- 100TH ANNIVERSARY OF and service. On October 4, 2008, Officer ronmental activist for clean and sound ALLENSWORTH, CALIFORNIA Moody was tragically injured in the water policy spanned three decades. ∑ Mrs. BOXER. Madam President, I ask line of duty, and passed away 3 days She was well known for her self-taught my colleagues to join me in celebrating later.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24092 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 Officer Moody, 29 years old, was deep- Award. In 1969, she earned the Academy principal. During her time at Delcastle, ly committed to the city of Richmond. Award for Best Actress for her per- she also served on the Governor’s Advi- Shortly before his accident, he had re- formance in her very first motion pic- sory Council for Career and Vocational ceived a commendation for chasing ture, ‘‘Funny Girl.’’ In 1977, Barbra be- Education. down and arresting two suspects car- came the first female composer to win Val worked on her doctorate degree rying concealed weapons in separate an Academy Award, for her song ‘‘Ev- in vocational education and curriculum incidents in August 2008. ergreen’’ from the film ‘‘A Star Is development at Temple University A K–9 officer and a member of the Born.’’ while serving as assistant principal, Richmond Police Department SWAT Barbra continued smashing glass then went on to become the principal team, Officer Moody was renowned for ceilings when she became the first at Middletown High School in 1984. She his extraordinary work ethic among woman ever to produce, direct, write, was an excellent principal, and her fellow officers. He was also extremely and star in a major motion picture. work did not go unnoticed. In June of personable; able to both fight crime ‘‘Yentl’’ received five Academy Award 1990, she was selected as Principal of and interact with youth in the commu- nominations. She also produced, di- the Year by the Delaware Association nity. Throughout his career, Officer rected, and starred in ‘‘The Prince of of Secondary School Principals. During Moody demonstrated a passion for law Tides,’’ which received even more her watch at Middletown High School, enforcement and commitment to help- nominations, including one for Best the first school-based wellness center ing others, qualities that enabled him Picture. Barbra is one of a very few was established there. Today, in no to become a respected and model mem- artists who has won an Emmy, a small part because of her leadership, ber of the Richmond Police Depart- Grammy, an Oscar, and a Tony award. every public high school has a wellness ment. Officer Moody’s colleagues will As her career continues to rise to center where students receive help and always remember him for his profes- unfathomable heights, Barbra never support to enable them to succeed in sionalism and devotion to serving the shies away from an opportunity to im- school and in life. Later, Dr. Woodruff served as the as- public. prove the lives of others. She has sociate secretary for improvement and Officer Moody was a loving husband, worked tirelessly on issues of national assistance in the areas of curriculum proud father, and devoted friend. He is and international importance. Her and instruction at the department of survived by his wife, Susan, a former commitment to social justice is dem- education for 7 years. In 1999, I nomi- Richmond police dispatcher, and two onstrated by the work of the Streisand nated her be secretary of education, young children. Officer Moody served Foundation—which benefits national overseeing the implementation of our the city of Richmond with honor and organizations working on the protec- State’s education improvement plan dignity, and his contributions to his tion of civil rights, environmental which focuses on rigorous academic community and the many lives he preservation, voter education, nuclear standards; objectively measuring stu- touched will serve as a shining example disarmament, and women’s health. dent progress toward those standards; of his legacy. Barbra received the Humanitarian and holding schools, school districts, We will always be grateful for Officer Award from the Human Rights Cam- students, educators and parents ac- Moody’s service and the valor that he paign in 2004. countable for improving student displayed while serving and protecting Barbra’s unparalleled talent, enthu- ∑ achievement. Val has emerged as a na- the people of Richmond. siasm and commitment are reflected tional leader among our Nation’s chief f by the millions of individuals whose school officers and has worked closely lives she has touched. We are grateful TRIBUTE TO BARBRA STREISAND with her peers and with the U.S. De- for Barbra’s innumerable gifts, and I partment of Education to develop and ∑ Mrs. BOXER. Madam President, I am hope you will all join me in celebrating modify the Leave No Student Behind pleased and honored to pay tribute to ∑ the remarkable Barbra Streisand. law and to narrow the achievement in the legendary Barbra Streisand, one of f Delaware and across America. the most talented and successful fe- TRIBUTE TO VALERIE WOODRUFF Val has a long list of accomplish- male entertainers in modern history. ments and is leaving big shoes to fill ∑ For more than 40 years, Barbra’s wildly Mr. CARPER. Madam President, I for the next secretary of education. successful career in music, television, rise today in recognition of Dr. Valerie She is a member of many prestigious film, and theater has enamored fans Woodruff—like me a native of West boards including the board of directors across America and abroad. In recogni- Virginia—upon her retirement as sec- of the Council of Chief State School Of- tion of her great achievements and retary of the Delaware Department of ficers on which she was president from contributions to American culture, Education. Valerie, known to her many 2005–2006, the Southern Regional Edu- Barbra has been named a Kennedy Cen- admirers in the First State as Val, has cation Board on which she was the first ter Honoree for 2008. dedicated the past 43 years of her ca- K–12 educator to be elected vice-chair, Barbra Streisand was born on April reer to education and served the last 10 and the Delaware Workforce Invest- 24, 1942 in Brooklyn, NY. The daughter as Delaware’s secretary of education, a ment Board. of Diana and Emanuel Streisand, position I was privileged to nominated Dr. Woodruff also currently serves on Barbra passionately pursued her dream her to when I served as Delaware’s the Vision 2015 Steering and Implemen- of a career in show business from a Governor from 1993–2001. tation Committee and is on the Presi- young age. After getting her start in After receiving her bachelor’s degree dent’s Policy Council for the Alliance New York City night clubs, Barbra in secondary education from the for Excellent Education. In addition, signed a contract with Columbia Alderson Broaddus College in Philippi, she is a valued member of the Delaware Records in 1962. WV, Val began her career in education Mentoring Council and of the Delaware In 1964, the 21-year-old singer won as an English and social studies teach- State Chamber of Commerce Partner- two Grammy Awards, including Album er at Bohemia Manor High School. She ship. of the Year. At that time, Barbra was taught for 3 years before becoming a Through her tireless efforts, Valerie the youngest artist to have ever re- guidance counselor and beginning to Woodruff has made a positive dif- ceived that award. Barbra has now re- work towards her master’s degree. ference in the lives of tens of thousands corded 60 albums, sold over 148 million After receiving her master’s degree of students in Delaware and, in doing albums worldwide, and is one of the in 1971 from the University of Delaware so, has enhanced the quality of life in highest-selling recording artists of all in guidance and counseling, Val moved our State for years to come. Upon her time. to Delaware and became a guidance retirement, she will leave behind a leg- In 1965, ‘‘My Name is Barbra,’’ her counselor at Delcastle Technical High acy of commitment to education and to first television special, earned five School near Wilmington. Five years public service for generations to fol- Emmys and the distinguished Peabody later, she became the school’s assistant low. I thank her for the friendship that

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24093 we share, and I congratulate her on a Foundation for Medical Care who pro- TRIBUTE TO MATTHEW E. truly remarkable and distinguished ca- vided the Care Measures Disease Reg- PARSONS reer. In closing, on behalf of the people istry; Des Moines University who col- ∑ Ms. MIKULSKI. Madam President, of Delaware, I want to wish Val and her laborated on health coach education today I pay tribute to Special Agent family the very best in all that lies and certification; Pfizer who provided Matthew E. Parsons of the Naval ahead for each of them.∑ initial health coach training in patient Criminal Investigative Service, NCIS, f self-management support; the Institute who is retiring from employment with for Healthcare Improvement whose IM- the Federal Government on December RECOGNIZING MERCY CLINICS, PACT program model helped Mercy INC. 20, 2008. Special Agent Parsons is retir- Clinics shape their program; and New ing after 36 years in law enforcement, ∑ Mr. HARKIN. Madam President, I Health Partnerships who also provided with the last 27 years of Federal Gov- wish to extend my warm congratula- grant assistance. I also commend the ernment service with NCIS. Of special tions to Mercy Clinics, Inc., based in commitment to quality and excellence note and atypical of his peers, he vol- Des Moines, for earning the prestigious that pervades the entire family of unteered and recently completed a high 2008 Acclaim Award from the American Mercy health care professionals. risk assignment as the Director of the Medical Group Association. This award I congratulate all of them for a job Strategic Counterintelligence Direc- is an extraordinary honor, given annu- well done. I look forward to working torate, Multi-National Force-Iraq, ally to the medical group that best ex- with them—and benefiting from their Baghdad, Iraq. emplifies delivery of the highest qual- counsel—as the new 111th Congress ad- During the course of Special Agent ity health care in the United States. dresses health care reform, with a Parsons’ career in government service, Mercy Clinics, Inc. operates health strong emphasis on wellness and pre- he rose from a GS–7 to a GS–15 Special ∑ care facilities throughout the greater vention. Agent. In his final position with NCIS, Des Moines area, and has a long his- f he was assigned as the Assistant Direc- tory of innovation. The 2008 Acclaim TRIBUTE TO JOHN J. LEONE, JR. tor for Financial Management & Plan- Award is just the latest national rec- ∑ ning at NCIS Headquarters, Wash- ognition of Mercy’s exceptional com- Mr. LIEBERMAN. Madam President, today I wish to honor Mr. John J. ington Navy Yard, Washington, DC. mitment to high-quality patient care— Special Agent Parsons, Federal law Leone, Jr. of Bristol, CT. A dedicated something we deeply appreciate in enforcement career began August 1981 public servant who has served his com- Iowa. with the Naval Investigative Service— munity for over 40 years, John will re- I prize my long-standing relationship the precursor of today’s NCIS. His first tire from his position as president and with Mercy Medical Center in Des assignment was to Norfolk, VA, at the CEO of the Greater Bristol Chamber of Moines, the partner of Mercy Clinics. I time when the John Walker, Jr., spy Commerce at the end of the year. will be forever grateful to the Sisters ring was uncovered. During the early of Mercy for providing care to my John has been head of the Greater Bristol Chamber of Commerce, the stages of the investigation, Special chronically ill father, many years ago, third largest chamber in Connecticut, Agent Parsons was assigned as the NIS at a time when my family could not af- for 18 years. Under his leadership, the case agent. In August 1985, he trans- ford the costs of hospitalization. He re- chamber grew immensely, going from ferred to overseas duty at Yokosuka, ceived not only quality medical atten- 450 members to 1,820. John dem- Japan, where he continued working in tion at Mercy, but also a generous onstrated a remarkable ability to bring the foreign counterintelligence arena. measure of caring and kindness that people from all walks of life together In 1988, Special Agent Parsons was remain the signature of Mercy Medical behind a project. He played an integral transferred to Naval Air Station Pa- Center and Mercy Clinics to this day. role in securing State and Federal tuxent River, MD. While conducting an The way that Mercy has retained these funding for the extension of route 72, investigation into a sensitive breach of traditional human factors while pro- which will help commuters in central security, he developed the ground work viding state-of-the-art, 21st century Connecticut and provide a significant for future NCIS computer investiga- clinical practice is obviously a winning boost to merchants in downtown Bris- tions. Special Agent Parsons utilized formula—indeed, an award-winning for- tol. innovative methods to hone his com- mula. John’s tenure with the chamber was puter investigative skills which ulti- In presenting the award, the Amer- the capstone of a lifetime spent serving mately led to the development of agen- ican Medical Group Association cited Bristol. He was the mayor from 1984– cy capabilities to conduct investiga- Mercy Clinics’ pioneering research into 1991, where he was elected to four tions of hacking, intrusions, and sabo- the best ways to care for people with terms. Before being elected mayor, he tage of U.S. Government computer sys- chronic conditions such as diabetes and was a cop for the Bristol Police Depart- tems and networks. high blood pressure. The staff at Mercy ment. He has served as secretary of the In December 1993, due to his out- Clinics created a program called ‘‘Med- Bristol Boys and Girls Club and as standing efforts in computer crime in- ical Home,’’ which includes a team of treasurer of the Metro Chambers of vestigations he was transferred to ‘‘Health Coaches’’ who review patients’ Commerce organization, which is com- NCIS Headquarters to establish a com- medical records and provide ongoing posed of the seven largest chambers in puter crimes department for the agen- support for patients both face-to-face Connecticut. He was also chairman of cy. Special Agent Parsons and his and over the phone, including advice on the Chambers Benefit Leadership Coun- team, reaching nearly 50 members, de- nutrition, exercise, and treatment cil, which pools together businesses veloped agency and Department of management. Outcomes showed signifi- from Connecticut and western Massa- Navy strategies and capabilities which cant improvement in patient blood chusetts for the purpose of purchasing included immediate reporting require- sugar and blood pressure control. health benefits. ments upon the slightest indication of I salute the visionary leadership of Given the deep commitment John a technological or information intru- Dr. David Swieskowski, vice president has shown for Bristol, it is no surprise sion. In addition, he and his team for quality improvement for Mercy that he intends to remain in the Mum worked closely with the National Cen- Clinics along with the partners who City. I couldn’t be more thrilled that ter for Missing and Exploited Children collaborated to make this project, not such a devoted civil leader will still be and Armed Forces Center for Child only successful, but a national award part of the community. I am sure he Protection in the forefront of keeping winner: Wellmark Blue Cross/Blue will find ways to remain involved. our Nation’s future generation safe Shield provided grant funding to hire I extend to John Leone my sincerest from exploitation through child por- the first health coaches and whose thanks and heartfelt best wishes on a nography and online predators. ‘‘pay for performance’’ program re- well deserved retirement. Connecticut In October 2000, Special Agent Par- wards population based care; the Iowa is a better place because of him.∑ sons was promoted and transferred to

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24094 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 Okinawa, Japan as the Resident Agent- CONGRATULATING WILLIAM YUAN Pape´. I rise today to recognize what in-Charge. During his tenure in Oki- ∑ Mr. SMITH. Madam President, I rise Randy meant to my State and to me nawa he led an office primarily respon- today to congratulate a young man personally. sible to support U.S. Marine Corps who has not only achieved beyond his On Thursday, November 6, Randy forces and operations throughout the years but has also advanced the state died of a heart attack at the all-too- East Asia and Pacific region. He and of the art of solar power technology. young age of 58. News accounts of his his team developed a fly-away team William Yuan of Beaverton, OR, is a passing referred to Randy as a ‘‘Eugene concept capable of providing on de- seventh grader at Meadow Park Middle businessman’’ who built his family’s mand support to operating U.S. Naval School whose achievements are both small implement business into a re- forces. This expeditionary team was jaw-dropping and important. gional giant employing 2,000 people in tested in early October 2002 when a Recently, William earned a $25,000 seven States. bomb exploded outside a popular res- scholarship from the Davidson Insti- But Randy was much more that. He taurant in Zamboanga, Philippines, tute and became a Davidson Fellow for was vintage Oregonian—relentless, ef- killing two U.S. military members and his work in renewable energy research. fective, and tenacious. To Randy, no injuring 20 others. Within 14 hours of William’s project, ‘‘A Highly-Efficient project was too big, no public service the event, the NCIS Okinawa fly-away 3–Dimensional Nanotube Solar Cell for too small. He was also my friend, and I will team was at the scene providing in- Visible and UV Light,’’ featured a miss him every day. valuable criminal and forensic inves- novel solar panel that enables light ab- My most enduring image is of a smil- tigative support. sorption from visible to ultraviolet ing Randy reacting to some idea that In May 2003, Special Agent Parsons light. The carbon nanotubes William would improve the lives of Orego- was promoted Special Agent-in-Charge designed can overcome the barriers of nians—actually, of everybody—by of the NCIS Far East Field Office in electron movement, doubling the light- pumping his arm and saying: ‘‘We’ve Yokosuka, Japan. It was during this electricity conversion efficiency. His got to do it. We’ve got to do it.’’ The assignment that he developed a neigh- optimized design provides 500 times sound of his voice will always be with bor-to-neighbor program which forged more light absorption than commer- me, urging me on to embrace the a bond with the local Japanese commu- cially available solar cells and nine things he believed in with the same en- nity and served as an early warning times more than the cutting-edge, thusiasm. and indicator of potential criminal or three-dimensional solar cell. Randy lived in Eugene all his life, terrorist threats to U.S. military per- Given the current energy crisis, ev- but gave himself to the entire State. sonnel living within the community. eryone must pitch in to reduce our de- Growing his grandfather’s business In January 2007, Special Agent Par- pendence on oil consumption. In Con- from a local equipment sales operation sons was transferred to NCIS Head- gress and in the private sector, we are to a seven-State conglomerate was just quarters where he became the assistant working to facilitate advancements in a part of what he accomplished. During director for financial management and renewable energies. However, we can- his life he helped raise nearly $600 mil- planning. Special Agent Parsons not be successful without brilliant lion for buildings at his alma mater, oversaw the agency’s strategic plan- minds like William’s. the University of Oregon. His tenure on ning process, developed financial plans Winning the Davidson scholarship is the Oregon Transportation Commission and budget initiatives, and conducted far from William’s only achievement. resulted in a $1.3 billion, 10-year pro- evaluations of office implementation This year alone, William won second gram of bridge repair and replacement plans and performances. place at the Northwest Science Expo, that remade Interstate 5, the heart of Best Engineering Project at the Insti- Demonstrating the extent of his dedi- Oregon’s transportation system. As tute of Electrical and Electronics Engi- cation to duty and exceptional char- head of the United Way of Lane Coun- neers, and second place at the Oregon acter, Special Agent Parsons volun- ty’s fundraising campaign, he set a $1 Chess for Success State Tournament. teered for a high risk assignment as million goal that everyone thought was The list goes on. Last year, William the Director of the Multi-National impossible and then achieved it. He also received a junior black belt pum Force-Iraq Strategic Counterintel- served on the board of The Nature Con- certification from the World ligence Directorate, SCID, Baghdad, servancy of Oregon, the Oregon Trail Taekwondo Headquarters in Seoul, Iraq. Serving in Iraq from December 29, Council of Boy Scouts of America, as Korea. He has also received a number 2007 until June 24, 2008, he led a 109- well as other nonprofit organizations of awards from various Intel Oregon member joint-service team in a com- such as the Oregon Business Council competitions and First Place in Oregon plete strategic refocus of the mission Steering Committee. resulting in increased collaboration in the Johns Hopkins Center for Tal- Randy had two other great passions among assets, increased standardiza- ented Youth Talent Search in both that can never be overlooked. There tion in reporting, and ultimately bet- quantitative and verbal sections. was his love for Susie, his wife of 34 ter support to the war fighter. At 12 years old, William is only just years, and their three wonderful and As a testament to his distinguished getting started. He intends to continue successful sons, Ryan, Christian and career, Special Agent Parsons received his research in renewable energy and Jordan. Then there was his unflagging several awards including the Meri- eventually select a major for his col- devotion to the University of Oregon torious Civilian Services Award, the lege study toward a Ph.D. degree. John Ducks football team. In fact, Randy Department of Defense Global War on F. Kennedy once said: and Susie met at a U of O football Terrorism Civilian Service Medal and Our nation’s first great leaders were also game in 1971. the NCIS Expeditionary Medal. Special our first great scholars. This is only a partial list of what Agent Parsons also received numerous I look forward to watching William Randy helped achieve for my State, but accolades from senior Navy leadership progress as a scholar and a leader.∑ it is a window into who Randy Pape´ and published six articles regarding f was and what he was capable of doing. computer crime investigations in pro- ´ His wife described him best: ‘‘He was fessional periodicals. TRIBUTE TO RANDY PAPE the most positive person, the most up- The Navy, the State of Maryland, ∑ Mr. WYDEN. Madam President, one beat. He was a joy to live with.’’ and the Nation are lucky to have had of the great privileges of public life is In 1997, Randy was diagnosed with a the service of such a great Special meeting people who make a difference severe form of cancer and wasn’t ex- Agent. He will be sorely missed. I wish through the sheer strength of their per- pected to live that long. But in true him and his family all the best as they sonalities and their enthusiasm for Randy Pape´ fashion, he fought on, embark on the next chapter of their wanting to make the world a better never losing that trademark enthu- lives. Fair winds and following seas!∑ place. One of those people was Randy siasm and determination. In the end, it

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24095 was not the cancer that took him from The Greek poet Sophocles, once Income Security Act of 1974, section us. It was something that, ironically, wrote: 2705 of the Public Health Service Act, he had more of than anyone I have ever One must wait until the evening to see how section 9812 of the Internal Revenue known his heart. splendid the day has been.’’ For his family, Code of 1986 to require equity in the I know that Randy would take great his friends, his community, his State, and provision of mental health and sub- satisfaction in cheating the cancer our Nation, the evening of Randy’s life came stance-related disorder benefits under that tried to kill him. As his oldest much, much too soon. But let us take solace group health plans, to prohibit dis- son, Ryan, said: ‘‘I know he’s looking in the fact that in that evening, Randy Pape crimination on the basis of genetic in- down from heaven right now saying, could look back at a life filled with the love of family; a life filled with accomplishment; formation with respect to health insur- Guys, I beat the cancer.’ ’’ a life filled with making a positive dif- ance and employment, and for other I would say: ‘‘Randy, of course you ference; a life filled with the heroism that purposes. did.’’ came from making his community better, f Randy Pape´ was a great Oregonian and say: The day has indeed been splendid. ∑ who will always have a place in my ENROLLED BILL SIGNED f heart and in the hearts of the thou- Under authority of the order of the sands of people who knew him and were MESSAGES FROM THE HOUSE Senate of January 4, 2007, the Sec- touched by his unselfishness and dedi- DURING RECESS retary of the Senate, on October 3, 2008, cation to doing the right thing.∑ Under authority of the order of the during the recess of the Senate, re- ∑ Mr. SMITH. Madam President, the Senate of January 4, 2007, the Sec- ceived a message from the House of late Oregon Governor Tom McCall once retary of the Senate, on October 3, 2008, Representatives announcing that the said: during the recess of the Senate, re- Speaker has signed the following en- Heroes are not giant statues framed ceived a message from the House of rolled bill: against a red sky. They are individuals who Representatives announcing that the H.R. 1424. An act to provide authority for say, ‘‘This is my community and it is my re- House has agreed to the following con- sponsibility to make it better.’’ the Federal Government to purchase and in- current resolution, in which it requests sure certain types of troubled assets for the The community of Eugene and the the concurrence of the Senate: purposes of providing stability to and pre- entire State of Oregon lost a true hero H. Con. Res. 442. Concurrent resolution di- venting disruption in the economy and finan- 2 weeks ago with the untimely passing cial system and protecting taxpayers, to ´ recting the Secretary of the Senate to cor- of Randy Pape. I have had the privilege rect the enrollment of the bill S. 3001. amend the Internal Revenue Code of 1986 to of dealing with countless community provide incentives for energy production and leaders during my 12 years in the U.S. The message also announced that the conservation, to extend certain expiring pro- Senate, but I can’t think of anyone House has passed the following bill, visions, to provide individual income tax re- who was more dedicated to making his without amendment: lief, and for other purposes. community, State, and Nation better S. 3641. An act to authorize funding for the Under authority of the order of the than was Randy. National Crime Victim Law Institute to pro- Senate of January 4, 2007, the enrolled As the chief executive officer of The vide support for victims of crime under bill was subsequently signed on Octo- Crime Victims Legal Assistance Programs as ber 3, 2008, during the recess of the Sen- Pape Group, a 2,000-employee, seven- a part of the Victims of Crime Act of 1984. State conglomerate of industrial equip- ate, by the Acting President pro tem- The message further announced that ment, aviation and recycling busi- pore (Mr. WEBB). the House has agreed to the following nesses, Randy was one of Oregon’s most f respected and admired corporate lead- concurrent resolution, without amend- ENROLLED BILLS SIGNED ers. ment: Guiding his business empire was S. Con. Res. 105. Concurrent resolution di- Under authority of the order of the more than a full-time job, yet Randy recting the Clerk of the House to Represent- Senate of January 4, 2007, the Sec- found time to give his talent and treas- atives to correct the enrollment of H.R. 6063. retary of the Senate, on October 3, 2008, ure to an endless variety of worthy The message also announced that the during the recess of the Senate, re- causes. There was no bigger booster of House agrees to the amendment of the ceived a message from the House of his alma mater, the University of Or- Senate to the bill (H.R. 5159) to estab- Representatives announcing that the egon, than Randy. There was no better lish the Office of the Capitol Visitor Speaker has signed the following en- cheerleader and fundraiser for the Center within the Office of the Archi- rolled bills: United Way than Randy. As a member tect of the Capitol, headed by the Chief H.R. 1594. An act to designate the Depart- of the Oregon Transportation Commis- Executive Officer for Visitor Services, ment of Veterans Affairs Outpatient Clinic sion, there was no better advocate for to provide for the effective manage- in Hermitage, Pennsylvania, as the Michael Oregon’s roads and highways than ment and administration of the Capitol A. Marzano Department of Veterans Affairs Randy. There was no more committed Visitor Center, and for other purposes. Outpatient Clinic. member of the Nature Conservancy of The message further announced that H.R. 1714. An act to clarify the boundaries the House agrees to the amendment of of Coastal Barrier Resources System Clam Oregon, and the Oregon Trail Council Pass Unit FL–64P. of Boy Scouts of America than Randy. the Senate to the bill (H.R. 7222) to ex- H.R. 2095. An act to amend title 49, United I had no wiser counselor than Randy. tend the Andean Trade Preference Act, States Code, to prevent railroad fatalities, And above all, there was no one who and for other purposes. injuries, and hazardous materials releases, to loved and cherished his family more The message also announced that the authorize the Federal Railroad Safety Ad- than Randy. House agrees to the amendments of the ministration, and for other purposes. Randy’s wonderful wife, Susie, was at Senate to the concurrent resolution (H. H.R. 3480. An act to direct the United his side for 34 years. She knew him bet- Con. Res. 440) providing for a condi- States Sentencing Commission to assure ap- ter than anyone else, and she captured propriate punishment enhancements for tional adjournment of the House of those involved in receiving stolen property him better than anyone else, when she Representatives and a conditional re- where that property consists of grave mark- said: cess or adjournment of the Senate. ers of veterans, and for other purposes. He was the most positive person, the most Under authority of the order of the H.R. 3511. An act to designate the facility upbeat. He was a joy to live with. Senate of January 4, 2007, the Sec- of the United States Postal Service located Randy was justifiably very proud of retary of the Senate, on October 3, 2008, at 2150 East Hardtner Drive in Urania, Lou- his three sons, Ryan, Christian, and during the recess of the Senate, re- isiana, as the ‘‘Murphy A. Tannehill Post Of- Jordan, all of whom chose to follow ceived a message from the House of fice Building’’. H.R. 4544. An act to require the issuance of their dad into the family business, and Representatives announcing that the medals to recognize the dedication and valor all of whom inherited his values of hon- House agrees to the amendments of the of Native American code talkers. esty, decency, and a dedication to mak- Senate to the bill (H.R. 1424) to amend H.R. 6045. An act to amend title I of the ing their community better. section 712 of the Employee Retirement Omnibus Crime Control and Safe Streets Act

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24096 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 of 1968 to extend the authorization of the S. 3641. An act to authorize funding for the at 1750 Lundy Avenue in San Jose, Cali- Bulletproof Vest Partnership Grant Program National Crime Victim Law Institute to pro- fornia, as the ‘‘Gordon N. Chan Post Office through fiscal year 2012. vide support for victims of crime under Building.’’ H.R. 6063. An act to authorize the programs Crime Victims Legal Assistance Programs as H.R. 6834. An act to designate the facility of the National Aeronautics and Space Ad- a part of the Victims of Crime Act of 1984. of the United States Postal Service located ministration, and for other purposes. Under authority of the order of the at 4 South Main Street in Wallingford, Con- H.R. 6073. An act to provide that Federal Senate of January 4, 2007, the enrolled necticut, as the ‘‘CWO Richard R. Lee Post employees receiving their pay by electronic Office Building.’’ funds transfer shall be given the option of re- bills were subsequently signed on Octo- H.R. 6902. An act to designate the facility ceiving their pay stubs electronically. ber 3, 2008, during the recess of the Sen- of the United States Postal Service located H.R. 6083. An act to authorize funding to ate, by the Acting President pro tem- at 513 6th Avenue in Dayton, Kentucky, as conduct a national training program for pore (Mr. WEBB). the ‘‘Staff Sergeant Nicholas Ray Carnes State and local prosecutors. Under authority of the order of the Post Office.’’ H.R. 6199. An act to designate the facility Senate of January 4, 2007, the Sec- H.R. 6982. An act to designate the facility of the United States Postal Service located retary of the Senate, on October 6, 2008, of the United States Postal Service located at 245 North Main Street in New York City, at 210 South Ellsworth Avenue in San Mateo, during the recess of the Senate, at 2:25 California, as the ‘‘Leo J. Ryan Post Office New York, as the ‘‘Kenneth Peter Zebrowski p.m., received a message from the Post Office Building’’. Building.’’ H.R. 6229. An act to designate the facility House of Representatives, delivered by H.R. 7222. An act to extend the Andean of the United States Postal Service located Mrs. Cole, one of its reading clerks, an- Trade Preference Act, and for other pur- at 2523 7th Avenue East in North Saint Paul, nouncing that the House has passed the poses. Minnesota, as the ‘‘Mayor William ‘Bill’ following bill, without amendment: H. J. Res. 100. Joint resolution appointing the day for the convening of the first session Sandberg Post Office Building’’. S. 3197. An act to amend title 11, United of the One Hundred Eleventh Congress and H.R. 6296. An act to extend through 2013 States Code, to exempt for a limited period, establishing the date for the counting of the the authority of the Federal Election Com- from the application of the means-test pre- electoral votes for President and Vice Presi- mission to impose civil money penalties on sumption of abuse under chapter 7, quali- dent case by the electors in December 2008. the basis of a schedule of penalties estab- fying members of reserve components of the lished and published by the Commission. Armed Forces and members of the National Under the authority of the Senate of H.R. 6338. An act to designate the facility Guard who, after September 11, 2001, are January 4, 2007, the Secretary of the of the United States Postal Service located called to active duty or to perform a home- Senate, the enrolled bill was subse- at 4233 West Hillsboro Boulevard in Coconut land defense activity for not less than 90 quently signed on October 6, 2008, dur- Creek, Florida, as the ‘‘Army SPC Daniel days. ing the recess of the Senate, by the Agami Post Office Building’’. The message further announced that H.R. 6353. An act to amend the Controlled President pro tempore (Mr. BYRD). Substances Act to address online phar- pursuant to section 491 of the Higher Under the authority of the order of macies. Education Act (20 U.S.C. 1098(c)), and the Senate of January 4, 2007, the Sec- H.R. 6524. An act to authorize the Adminis- the order of the House of January 4, retary of the Senate, on October 8, 2008, trator of General Services to take certain ac- 2007, the Speaker appoints the fol- during the recess of the Senate, re- tions with respect to parcels of real property lowing members on the part of the ceived a message from the House of located in Eastlake, Ohio, and Koochiching House of Representatives to the Advi- Representatives announcing that the County, Minnesota, and for other purposes. sory Committee on Student Financial Speaker pro tempore (Mr. VAN HOLLEN) H.R. 6531. An act to amend chapter 13 of Assistance for a term of three years: title 17, United States Code (relating to the had signed the following enrolled bill: vessel hull design protection), to clarify the Upon the recommendation of the Ma- S. 3197. An act to amend title 11, United definitions of a hull and a deck. jority Leader, Ms. Helen Benjamin of States Code, to exempt for a limited period, H.R. 6681. An act to designate the facility Vallejo, California; upon the rec- from the application of the means-test pre- of the United States Postal Service located ommendation of the Minority Leader, sumption of abuse under chapter 7, quali- at 300 Vine Street in New Lenox, Illinois, as Mr. Anthony Guida of Pittsburgh, fying members of reserve components of the the ‘‘Jacob M. Lowell Post Office Building’’. Pennsylvania. Armed Forces and members of the National H.R. 6847. An act to designate the facility Under the authority of the order of Guard, who, after September 11, 2001, are of the United States Postal Service located the Senate of January 4, 2007, the Sec- called to active duty or to perform a home- land defense activity for not less than 90 at 801 Industrial Boulevard in Ellijay, Geor- retary of the Senate, on October 6, 2008, gia, as the ‘‘First Lieutenant Noah Harris days. during the recess of the Senate, re- Ellijay Post Office Building’’. Under the authority of the Senate of ceived a message from the House of H.R. 6874. An act to designate the facility January 4, 2007, the Secretary of the Representatives announcing that the of the United States Postal Service located Senate, the enrolled bill was subse- at 156 Taunton Avenue in Seekonk, Massa- Speaker pro tempore (Mr. VAN HOLLEN) chusetts, as the ‘‘Lance Corporal Eric Paul had signed the following enrolled bills quently signed on October 8, 2008, dur- Valdepenas Post Office Building’’. and joint resolution: ing the recess of the Senate, by the President pro tempore (Mr. BYRD). H.R. 7081. An act to approve the United H.R. 4010. An act to designate the facility States-India Agreement for Cooperation on of the United States Postal Service located f Peaceful Uses of Nuclear Energy, and for at 100 West Percy Street in Indianola, Mis- MESSAGE FROM THE HOUSE other purposes. sissippi, as the ‘‘Minnie Cox Post Office H.R. 7082. An act to amend the Internal Building.’’ At 12:02 p.m., a message from the Revenue Code of 1986 to permit the Secretary H.R. 4131. An act to designate a portion of House of Representatives, delivered by of the Treasury to disclose certain prisoner California State Route 91 located in Los An- Mr. Zapata, one of its reading clerks, return information to the Federal Bureau of geles County, California, as the ‘‘Juanita Prisons, and for other purposes. announced that the House has passed Millender-McDonald Highway.’’ the following bills, in which it requests H.R. 7084. An act to amend section 114 of H.R. 5159. An act to establish the Office of title 17, United States Code, to provide the Capitol Visitor Center within the Office the concurrence of the Senate: agreements for the reproduction and per- of the Architect of the Capitol, headed by H.R. 5714. An act to require the Secretary formance of sound recordings by webcasters. the Chief Executive Officer for Visitor Serv- of the Treasury to mint coins in recognition H.R. 7177. An act to authorize the transfer ices, to provide for the effective management and celebration of the establishment of the of naval vessels to certain foreign recipients, and administration of the Capitol Visitor United States Army in 1775, to honor the and for other purposes. Center, and for other purposes. American soldier of both today and yester- H.R. 7198. An act to establish the Steph- H.R. 6197. An act to designate the facility day, in wartime and in peace, and to com- anie Tubbs Jones Gift of Life Medal for of the United States Postal Service located memorate the traditions, history, and herit- organ donors and the family of organ donors. at 7095 Highway 57 in Counce, Tennessee, as age of the United States Army and its role in S. 3001. An act to authorize appropriations the ‘‘Pickwick Post Office Building.’’ American society, from the Colonial period for fiscal year 2009 for military activities of H.R. 6469. An act to amend the Public to today. the Department of Defense, for military con- Health Service Act to authorize increased H.R. 6867. An act to provide for additional struction, and for defense activities of the Federal funding for the Organ Procurement emergency unemployment compensation. Department of Energy, to prescribe military and Transplantation Network. H.R. 7221. An act to amend the McKinney- personnel strengths for such fiscal year, and H.R. 6558. An act to designate the facility Vento Homeless Assistance Act to reauthor- for other purposes. of the United States Postal Service located ize the Act, and for other purposes.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24097 The message also announced that the ation of submersible vessels and semi-sub- Committee on Banking, Housing, and Urban House has agreed to the following con- mersible vessels without nationality. Affairs. current resolution, in which it requests S. 3605. An act to extend the pilot program EC–8248. A communication from the Assist- the concurrence of the Senate: for volunteer groups to obtain criminal his- ant to the Board of Governors of the Federal tory background checks. Reserve System, transmitting, pursuant to H. Con. Res. 435. Concurrent resolution au- On October 6, 2008: law, the report of a rule entitled ‘‘Risk- thorizing the use of Emancipation Hall on Based Capital Guidelines; Leverage Capital S. 3001. An act to authorize appropriations December 2, 2008, for ceremonies and activi- Guidelines’’ (Docket No. 1332) received in the for fiscal year 2009 for military activities of ties held in connection with the opening of Office of the President of the Senate on Oc- the Department of Defense, for military con- the Capitol Visitor Center to the public. tober 14, 2008; to the Committee on Banking, struction, and for defense activities of the The message further announced that Housing, and Urban Affairs. Department of Energy, to prescribe military EC–8249. A communication from the Assist- the House has passed the bill (S. 602) to personnel strengths for such fiscal year, and ant to the Board of Governors of the Federal develop the next generation of parental for other purposes. Reserve System, transmitting, pursuant to control technology, with an amend- S. 3641. An act to authorize funding for the law, the report of a rule entitled ‘‘Rules of ment, in which it requests the concur- National Crime Victim Law Institute to pro- Practice for Hearings’’ (Docket No. R–1333) vide support for victims of crime under rence of the Senate. received in the Office of the President of the Crime Victims Legal Assistance Programs as f Senate on October 14, 2008; to the Committee a part of the Victims of Crime Act of 1984. MEASURES READ THE FIRST TIME on Banking, Housing, and Urban Affairs. On October 9, 2008: EC–8250. A communication from the Direc- The following bills were read the first S. 3197. An act to amend title 11, United tor, Office of Legislative Affairs, Federal De- time: States Code, to exempt for a limited period, posit Insurance Corporation, transmitting, H.R. 6867. An act to provide for additional from the application of the means-test pre- pursuant to law, the report of a rule entitled emergency unemployment compensation. sumption of abuse under chapter 7, quali- ‘‘Fair Housing and Nondiscrimination on the H.R. 7110. An act making supplemental ap- fying members of reserve components of the Basis of Disability’’ (RIN3064–AD31) received propriations for job creation and preserva- Armed Forces and members of the National in the Office of the President of the Senate tion, infrastructure investment, and eco- Guard, who, after September 11, 2001, are on October 14, 2008; to the Committee on nomic and energy assistance for the fiscal called to active duty or to perform a home- Banking, Housing, and Urban Affairs. year ending September 30, 2009, and for other land defense activity for not less than 90 EC–8251. A communication from the Chair- purposes. days. man, National Labor Relations Board, trans- S. 3688. A bill to provide for additional f mitting, pursuant to law, the report of two emergency unemployment compensation, to violations of the Antideficiency Act; to the amend the Emergency Economic Stabiliza- EXECUTIVE AND OTHER Committee on Appropriations. tion Act of 2008 to authorize loans to auto- COMMUNICATIONS EC–8252. A communication from the Direc- mobile manufacturers and component sup- The following communications were tor, Defense Procurement, Acquisition Pol- icy, and Strategic Sourcing, Department of pliers, and for other purposes. laid before the Senate, together with S. 3689. A bill making supplemental appro- Defense, transmitting, pursuant to law, the priations for job creation and preservation, accompanying papers, reports, and doc- report of a rule entitled ‘‘Defense Federal infrastructure investment, and economic and uments, and were referred as indicated: Acquisition Regulation Supplement; Evalua- energy assistance for the fiscal year ending EC–8244. A communication from the Presi- tion Factor for Use of Members of the Se- September 30, 2009, and for other purposes. dent of the United States, transmitting, pur- lected Reserve’’ (RIN0750–AF40) in the Office f suant to section 115(a)(2) of the Emergency of the President of the Senate on received on Economic Stabilization Act of 2008 (Public October 14, 2008; to the Committee on Armed ENROLLED BILLS PRESENTED Law 110–343) (the ‘‘Act’’), certifying the ne- Services. DURING RECESS cessity for the Secretary of the Treasury to EC–8253. A communication from the Under The Assistant Secretary of the Sen- exercise the authority granted under the Act Secretary of Defense (Personnel and Readi- to purchase, or commit to purchase, troubled ness), transmitting a report on the approved ate reported that she had presented to assets up to the limit of $350 billion out- retirement of Lieutenant General Robert W. the President of the United States the standing at any one time; to the Committee Wagner, United States Army, and his ad- following enrolled bills: on Banking, Housing, and Urban Affairs. vancement to the grade of lieutenant general On October 3, 2008: EC–8245. A communication from the Assist- on the retired list; to the Committee on S. 431. An act to require convicted sex of- ant Secretary for Export Administration, Armed Services. fenders to register online identifiers, and for Bureau of Industry and Security, Depart- EC–8254. A communication from the Under other purposes. ment of Commerce, transmitting, pursuant Secretary of Defense (Personnel and Readi- S. 906. An act to prohibit the sale, distribu- to law, the report of a rule entitled ‘‘Revi- ness), transmitting a report on the approved tion, transfer, and export of elemental mer- sions to the Export Administration Regula- retirement of General William S. Wallace, cury, and for other purposes. tions based upon a Systematic Review of the United States Army, and his advancement to S. 1276. An act to facilitate the creation of CCL’’ (RIN0694–AE33) received in the Office the grade of general on the retired list; to methamphetamine precursor electronic log- of the President of the Senate on October 14, the Committee on Armed Services. book systems, and for other purposes. 2008; to the Committee on Banking, Housing, EC–8255. A communication from the Prin- S. 2304. An act to amend title I of the Om- and Urban Affairs. cipal Deputy, Office of the Under Secretary nibus Crime Control and Safe Streets Act of EC–8246. A communication from the Assist- of Defense (Personnel and Readiness), trans- 1968 to provide grants for the improved men- ant Secretary for Export Administration, mitting the report of (2) officers authorized tal health treatment and services provided Bureau of Industry and Security, Depart- to wear the insignia of the grade of brigadier to offenders with mental illnesses, and for ment of Commerce, transmitting, pursuant general in accordance with title 10, United other purposes. to law, the report of a rule entitled States Code, section 777; to the Committee S. 3296. An act to extend the authority of ‘‘Wassenaar Arrangement Plenary Agree- on Armed Services. the United States Supreme Court Police to ments Implementation: December 2007 Cat- EC–8256. A communication from the Chair- protect court officials off the Supreme Court egories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of man, Federal Communications Commission, Grounds and change the title of the Adminis- the Commerce Control List, Definitions; De- transmitting, pursuant to law, a report rel- trative Assistant to the Chief Justice. cember 2006 Solar Cells’’ (RIN0694–AE29) re- ative to the Commission’s Strategic Plan for S. 3477. An act to amend title 44, United ceived in the Office of the President of the fiscal years 2009 to 2014; to the Committee on States Code, to authorize grants for Presi- Senate on October 14, 2008; to the Committee Commerce, Science, and Transportation. dential Centers of Historical Excellence. on Banking, Housing, and Urban Affairs. EC–8257. A communication from the Acting S. 3536. An act to amend section 5402 of EC–8247. A communication from the Assist- Director of the Office of Sustainable Fish- title 39, United States Code, to modify the ant to the Board of Governors of the Federal eries, National Marine Fisheries Service, De- authority relating to United States Postal Reserve System, transmitting, pursuant to partment of Commerce, transmitting, pursu- Service air transportation contracts, and for law, the report of a rule entitled ‘‘Trans- ant to law, the report of a rule entitled other purposes. actions Between Member Banks and Their ‘‘Fisheries of the Exclusive Economic Zone S. 3550. An act to designate a portion of the Affiliates: Exemption for Certain Purchases Off Alaska; Pollock in Statistical Area 630 of Rappahannock River in the Commonwealth of Asset-Backed Commercial Paper by a the Gulf of Alaska’’ (RIN0648–XK25) received of Virginia as the ‘‘John W. Warner Rapids’’. Member Bank from an Affiliate’’ (Docket No. in the Office of the President of the Senate S. 3598. An act to amend titles 46 and 18, R–1331) received in the Office of the Presi- on October 14, 2008; to the Committee on United States Code, with respect to the oper- dent of the Senate on October 14, 2008; to the Commerce, Science, and Transportation.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24098 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 EC–8258. A communication from the Acting EC–8265. A communication from the Pro- entitled ‘‘Revocation of Class E Airspace; Director of the Office of Sustainable Fish- gram Analyst, Federal Aviation Administra- Luke AFB, Phoenix, AZ’’ ((Docket No. FAA– eries, National Marine Fisheries Service, De- tion, Department of Transportation, trans- 2008–0204)(Airspace Docket No. 08–AWP–5)) partment of Commerce, transmitting, pursu- mitting, pursuant to law, the report of a rule received in the Office of the President of the ant to law, the report of a rule entitled entitled ‘‘Standard Instrument Approach Senate on October 14, 2008; to the Committee ‘‘Fisheries of the Exclusive Economic Zone Procedures, and Takeoff Minimums and Ob- on Commerce, Science, and Transportation. Off Alaska; Reallocation of Pacific Cod in stacle Departure Procedures; Miscellaneous EC–8273. A communication from the Pro- the Bering Sea and Aleutian Islands Manage- Amendments’’ ((Docket No. gram Analyst, Federal Aviation Administra- ment Area’’ (RIN0648–XJ94) received in the 30623)(Amendment No. 3283)) received in the tion, Department of Transportation, trans- Office of the President of the Senate on Oc- Office of the President of the Senate on Oc- mitting, pursuant to law, the report of a rule tober 14, 2008; to the Committee on Com- tober 14, 2008; to the Committee on Com- entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. merce, Science, and Transportation. Eurocopter Deutschland GMBH Model MBB– EC–8259. A communication from the Acting EC–8266. A communication from the Pro- BK 117C–2 Helicopters’’ ((RIN2120– Director of the Office of Sustainable Fish- gram Analyst, Federal Aviation Administra- AA64)(Docket No. FAA–2008–0042)) received eries, National Marine Fisheries Service, De- tion, Department of Transportation, trans- in the Office of the President of the Senate partment of Commerce, transmitting, pursu- mitting, pursuant to law, the report of a rule on October 14, 2008; to the Committee on ant to law, the report of a rule entitled entitled ‘‘Airworthiness Directives; EADS Commerce, Science, and Transportation. ‘‘Fisheries of the Exclusive Economic Zone SOCATA Model TBM 700 Airplanes’’ Off Alaska; Pacific Ocean Perch for Vessels EC–8274. A communication from the Pro- ((RIN2120–AA64)(Docket No. FAA–2008–0974)) gram Analyst, Federal Aviation Administra- in the Bering Sea and Aleutian Islands Trawl received in the Office of the President of the Limited Access Fishery in the Western Aleu- tion, Department of Transportation, trans- Senate on October 14, 2008; to the Committee mitting, pursuant to law, the report of a rule tian District of the Bering Sea and Aleutian on Commerce, Science, and Transportation. Islands Management Area’’ (RIN0648–XK77) entitled ‘‘Standard Instrument Approach EC–8267. A communication from the Pro- Procedures, and Takeoff Minimums and Ob- received in the Office of the President of the gram Analyst, Federal Aviation Administra- Senate on October 14, 2008; to the Committee stacle Departure Procedures; Miscellaneous tion, Department of Transportation, trans- Amendments’’ ((Docket No. on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule EC–8260. A communication from the Direc- 30617)(Amendment No. 3277)) received in the entitled ‘‘Airworthiness Directives; Engine tor of the Office of Sustainable Fisheries, Office of the President of the Senate on Oc- Components, Inc. (ECi) Reciprocating Engine National Marine Fisheries Service, Depart- tober 14, 2008; to the Committee on Com- Cylinder Assemblies’’ ((RIN2120– ment of Commerce, transmitting, pursuant merce, Science, and Transportation. AA64)(Docket No. FAA–2008–0052)) received to law, the report of a rule entitled ‘‘Fish- EC–8275. A communication from the Pro- in the Office of the President of the Senate eries of the Northeastern United States; At- gram Analyst, Federal Aviation Administra- on October 14, 2008; to the Committee on lantic Mackerel, Squid, and Butterfish Fish- tion, Department of Transportation, trans- Commerce, Science, and Transportation. eries; Closure of the Directed Butterfish mitting, pursuant to law, the report of a rule EC–8268. A communication from the Pro- Fishery’’ (RIN0648–XK16) received in the Of- entitled ‘‘Modification of Area Navigation gram Analyst, Federal Aviation Administra- fice of the President of the Senate on Octo- Route Q–110 and Jet Route J–73; Florida’’ tion, Department of Transportation, trans- ber 14, 2008; to the Committee on Commerce, ((Docket No. FAA–2008–0187)(Airspace Docket mitting, pursuant to law, the report of a rule Science, and Transportation. No. 07–ASO–27)) received in the Office of the entitled ‘‘Airworthiness Directives; Boeing EC–8261. A communication from the Dep- President of the Senate on October 14, 2008; Model 777–200 and –300 Series Airplanes uty Assistant Administrator for Regulatory to the Committee on Commerce, Science, Equipped with Rolls-Royce Model RB211– Programs, National Marine Fisheries Serv- and Transportation. ice, Department of Commerce, transmitting, TRENT 800 Series Engines’’ ((RIN2120– AA64)(Docket No. FAA–2008–0967)) received EC–8276. A communication from the Pro- pursuant to law, the report of a rule entitled gram Analyst, Federal Aviation Administra- ‘‘Fisheries in the Western Pacific; in the Office of the President of the Senate on October 14, 2008; to the Committee on tion, Department of Transportation, trans- Bottomfish and Seamount Groundfish Fish- mitting, pursuant to law, the report of a rule eries; Main Hawaiian Islands Bottomfish; Commerce, Science, and Transportation. EC–8269. A communication from the Pro- entitled ‘‘Airworthiness Directives; Dassault Delay of Fishery Opening’’ (RIN0648–AX19) Model Falcon 2000EX Airplanes’’ ((RIN2120– received in the Office of the President of the gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- AA64)(Docket No. FAA–2008–0294)) received Senate on October 14, 2008; to the Committee in the Office of the President of the Senate on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Empresa on October 14, 2008; to the Committee on EC–8262. A communication from the Pro- Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Brasileira de Aeronautica S.A. (EMBRAER) EC–8277. A communication from the Pro- tion, Department of Transportation, trans- Model EMB–135BJ Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule AA64)(Docket No. FAA–2008–0416)) received tion, Department of Transportation, trans- entitled ‘‘Standard Instrument Approach in the Office of the President of the Senate mitting, pursuant to law, the report of a rule Procedures, and Takeoff Minimums and Ob- on October 14, 2008; to the Committee on entitled ‘‘Airworthiness Directives; EADS stacle Departure Procedures; Miscellaneous Commerce, Science, and Transportation. SOCATA Model TBM 700 Airplanes’’ Amendments’’ ((RIN2120–AA65)(Docket No. EC–8270. A communication from the Pro- ((RIN2120–AA64)(Docket No. FAA–2008–0748)) 30622)) received in the Office of the President gram Analyst, Federal Aviation Administra- received in the Office of the President of the of the Senate on October 14, 2008; to the Com- tion, Department of Transportation, trans- Senate on October 14, 2008; to the Committee mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. tation. entitled ‘‘Modification and Establishment of EC–8263. A communication from the Pro- Restricted Areas and Other Special Use Air- EC–8278. A communication from the Pro- gram Analyst, Federal Aviation Administra- space, Adirondack Airspace Complex; Fort gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Drum, NY’’ ((RIN2120–AA66)(Docket No. tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule FAA–2006–26192)) received in the Office of the mitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Approach President of the Senate on October 14, 2008; entitled ‘‘Airworthiness Directives; British Procedures, Takeoff Minimums and Obstacle to the Committee on Commerce, Science, Aerospace Regional Aircraft Model HP.137 Departure Procedures; Miscellaneous and Transportation. Jetstream Mk.1, Jetstream Series 200 and Amendments’’ ((Docket No. EC–8271. A communication from the Pro- 3101, and Jetstream Model 3201 Airplanes’’ 30625)(Amendment No. 3285)) received in the gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(Docket No. FAA–2008–0369)) Office of the President of the Senate on Oc- tion, Department of Transportation, trans- received in the Office of the President of the tober 14, 2008; to the Committee on Com- mitting, pursuant to law, the report of a rule Senate on October 14, 2008; to the Committee merce, Science, and Transportation. entitled ‘‘Establishment of Low Altitude on Commerce, Science, and Transportation. EC–8264. A communication from the Pro- Area Navigation Routes (T-Routes); Sac- EC–8279. A communication from the Pro- gram Analyst, Federal Aviation Administra- ramento and San Francisco, CA’’ ((Docket gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- No. FAA–2008–0037)(Airspace Docket No. 07– tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule AWP–6)) received in the Office of the Presi- mitting, pursuant to law, the report of a rule entitled ‘‘Congestion Management Rule for dent of the Senate on October 14, 2008; to the entitled ‘‘Airworthiness Directives; John F. Kennedy International Airport and Committee on Commerce, Science, and ‘‘Dassault Model Falcon 2000EX and 900EX Newark Liberty International Airport’’ Transportation. Airplanes’’ ((RIN2120–AA64)(Docket No. ((RIN2120–AJ28)(Docket No. FAA–2008–0517)) EC–8272. A communication from the Pro- FAA–2008–0301)) received in the Office of the received in the Office of the President of the gram Analyst, Federal Aviation Administra- President of the Senate on October 14, 2008; Senate on October 14, 2008; to the Committee tion, Department of Transportation, trans- to the Committee on Commerce, Science, on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule and Transportation.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24099 EC–8280. A communication from the Pro- President of the Senate on October 14, 2008; EC–8296. A communication from the Pro- gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- and Transportation. tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule EC–8288. A communication from the Pro- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Viking gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Bell Hel- Air Limited Models DHC–6–1, DHC–6–100, tion, Department of Transportation, trans- icopter Textron Canada Model 222, 222B, DHC–6–200, and DHC–6–300 Airplanes’’ mitting, pursuant to law, the report of a rule 222U, 230, and 430 Helicopters’’ ((RIN2120– ((RIN2120–AA64)(Docket No. FAA–2008–0368)) entitled ‘‘Establishment of Class E Airspace; AA64)(Docket No. FAA–2008–0449)) received received in the Office of the President of the Milford, PA’’ ((Docket No. FAA–2008– in the Office of the President of the Senate Senate on October 14, 2008; to the Committee 0160)(Airspace Docket No. 08–AEA–13)) re- on October 14, 2008; to the Committee on on Commerce, Science, and Transportation. ceived in the Office of the President of the Commerce, Science, and Transportation. EC–8281. A communication from the Dep- Senate on October 14, 2008; to the Committee EC–8297. A communication from the Pro- uty Assistant Administrator for Regulatory on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Programs, National Marine Fisheries Serv- EC–8289. A communication from the Pro- tion, Department of Transportation, trans- ices, Department of Commerce, transmit- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule ting, pursuant to law, the report of a rule en- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Dassault titled ‘‘Endangered Fish and Wildlife; Final mitting, pursuant to law, the report of a rule Model Falcon 10 Airplanes’’ ((RIN2120– Rule to Implement Speed Restrictions to Re- entitled ‘‘Airworthiness Standards; Engine AA64)(Docket No. FAA–2008–0674)) received duce the Threat of Ship Collisions With Control System Requirements’’ (RIN2120– in the Office of the President of the Senate North Atlantic Right Whales’’ (RIN0648– AI94) received in the Office of the President on October 14, 2008; to the Committee on AS36) received in the Office of the President of the Senate on October 14, 2008; to the Com- Commerce, Science, and Transportation. of the Senate on October 14, 2008; to the Com- mittee on Commerce, Science, and Transpor- EC–8298. A communication from the Pro- mittee on Commerce, Science, and Transpor- tation. gram Analyst, Federal Aviation Administra- tation. EC–8290. A communication from the Pro- tion, Department of Transportation, trans- EC–8282. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Establishment of Low Altitude tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Area Navigation Route (T–Route); South- mitting, pursuant to law, the report of a rule entitled ‘‘Performance and Handling Quali- west Oregon’’ ((Docket No. FAA–2008– entitled ‘‘Airworthiness Directives; Pilatus ties Requirements for Rotorcraft; Correcting 0419)(Airspace Docket No. 08–ANM–3)) re- Aircraft Ltd. PC–6 Series Airplanes’’ Amendment’’ (RIN2120–AH87) received in the ceived in the Office of the President of the ((RIN2120–AA64)(Docket No. FAA–2008–0493)) Office of the President of the Senate on Oc- Senate on October 14, 2008; to the Committee received in the Office of the President of the tober 14, 2008; to the Committee on Com- on Commerce, Science, and Transportation. Senate on October 14, 2008; to the Committee merce, Science, and Transportation. EC–8299. A communication from the Pro- on Commerce, Science, and Transportation. EC–8291. A communication from the Pro- gram Analyst, Federal Aviation Administra- EC–8283. A communication from the Pro- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule entitled ‘‘Establish Class E Airspace; Point mitting, pursuant to law, the report of a rule entitled ‘‘Congestion Management Rule for Roberts, WA’’ ((Docket No. FAA–2007– entitled ‘‘Establishment of Class D Airspace; LaGuardia Airport’’ (RIN2120–AI70) received 29036)(Airspace Docket No. 07–ANM–13)) re- Albuquerque, NM’’ ((Docket No. FAA–2007– in the Office of the President of the Senate ceived in the Office of the President of the 0915)(Airspace Docket No. 07–ASW–13)) re- on October 14, 2008; to the Committee on Senate on October 14, 2008; to the Committee ceived in the Office of the President of the Commerce, Science, and Transportation. on Commerce, Science, and Transportation. Senate on October 14, 2008; to the Committee EC–8292. A communication from the Pro- EC–8300. A communication from the Pro- on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–8284. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus entitled ‘‘Change of Using Agency for Re- mitting, pursuant to law, the report of a rule Model A330–200, A330–300, and A340–300 Series stricted Area R–3807, Glencoe, LA’’ entitled ‘‘Amendment of Class E Airspace; Airplanes’’ ((RIN2120–AA64)(Docket No. ((RIN2120–AA66)(Docket No. FAA–2008–0939)) Indianapolis, IN’’ ((Docket No. FAA–2008– FAA–2008–0672)) received in the Office of the received in the Office of the President of the 0163)(Airspace Docket No. 08–AGL–2)) re- President of the Senate on October 14, 2008; Senate on October 14, 2008; to the Committee ceived in the Office of the President of the to the Committee on Commerce, Science, on Commerce, Science, and Transportation. Senate on October 14, 2008; to the Committee and Transportation. EC–8301. A communication from the Pro- on Commerce, Science, and Transportation. EC–8293. A communication from the Pro- gram Analyst, Federal Aviation Administra- EC–8285. A communication from the Pro- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule entitled ‘‘Revision of Restricted Area 5107A; mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Bom- White Sands Missile Range, NM’’ ((RIN2120– entitled ‘‘Modification of Area Navigation bardier Model DHC–8–400 Series Airplanes’’ AA66)(Docket No. FAA–2008–0628)) received Route Q–110 and Jet Route J–73; Florida; ((RIN2120–AA64)(Docket No. FAA–2008–0356)) in the Office of the President of the Senate Correction’’ ((Docket No. FAA–2008– received in the Office of the President of the on October 14, 2008; to the Committee on 0187)(Airspace Docket No. 07–ASO–27)) re- Senate on October 14, 2008; to the Committee Commerce, Science, and Transportation. ceived in the Office of the President of the on Commerce, Science, and Transportation. EC–8302. A communication from the Pro- Senate on October 14, 2008; to the Committee EC–8294. A communication from the Pro- gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–8286. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; IFR Alti- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Empresa tudes; Miscellaneous Amendments’’ ((Docket mitting, pursuant to law, the report of a rule Brasileira de Aeronautica S.A. (EMBRAER) No. 30626)(Amendment No. 476)) received in entitled ‘‘Establishment of Class D Airspace; Model ERJ 170 and ERJ 190 Airplanes’’ the Office of the President of the Senate on San Bernardino International Airport, San ((RIN2120–AA64)(Docket No. FAA–2008–0562)) October 14, 2008; to the Committee on Com- Bernardino, CA’’ ((Docket No. FAA–2008– received in the Office of the President of the merce, Science, and Transportation. 0211)(Airspace Docket No. 08–AWP–3)) re- Senate on October 14, 2008; to the Committee EC–8303. A communication from the Staff ceived in the Office of the President of the on Commerce, Science, and Transportation. Assistant, National Highway Traffic Safety Senate on October 14, 2008; to the Committee EC–8295. A communication from the Pro- Administration, Department of Transpor- on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- tation, transmitting, pursuant to law, the re- EC–8287. A communication from the Pro- tion, Department of Transportation, trans- port of a rule entitled ‘‘Insurer Reporting gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Requirements; List of Insurers Required To tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; McDon- File Reports’’ (RIN2127–AK30) received in the mitting, pursuant to law, the report of a rule nell Douglas Model 717–200 Airplanes’’ Office of the President of the Senate on Oc- entitled ‘‘Establishment of Class E Airspace; ((RIN2120–AA64)(Docket No. FAA–2008–0407)) tober 14, 2008; to the Committee on Com- Hinton, OK; Confirmation of Effective Date’’ received in the Office of the President of the merce, Science, and Transportation. ((Docket No. FAA–2008–0328)(Airspace Docket Senate on October 14, 2008; to the Committee EC–8304. A communication from the Staff No. 08–ASW–4)) received in the Office of the on Commerce, Science, and Transportation. Assistant, National Highway Traffic Safety

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24100 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 Administration, Department of Transpor- 2008; to the Committee on Environment and mission, transmitting, pursuant to law, the tation, transmitting, pursuant to law, the re- Public Works. Commission’s fourth report on Government port of a rule entitled ‘‘Federal Motor Vehi- EC–8311. A communication from the Direc- dam use charges; to the Committee on En- cle Theft Prevention Standard; Final Listing tor, Regulatory Management Division, Envi- ergy and Natural Resources. of 2009 Light Duty Truck Lines Subject to ronmental Protection Agency, transmitting, EC–8319. A communication from the Direc- the Requirements of This Standard and Ex- pursuant to law, the report of a rule entitled tor, Office of Surface Mining, Department of empted Vehicle Lines for Model Year 2009’’ ‘‘Approval and Promulgation of Implementa- the Interior, transmitting, pursuant to law, (RIN2127–AK31) received in the Office of the tion Plans: Alabama: Approval of Revisions the report of a rule entitled ‘‘Pennsylvania President of the Senate on October 14, 2008; to the Visible Emissions Rule’’ ((EPA–R04– Regulatory Program’’ (Docket No. PA–152– to the Committee on Commerce, Science, OAR–2005–AL–0002–200819)(FRL–8727–7)) re- FOR) received in the Office of the President and Transportation. ceived in the Office of the President of the of the Senate on October 14, 2008; to the Com- EC–8305. A communication from the Acting Senate on October 14, 2008; to the Committee mittee on Energy and Natural Resources. Assistant Secretary for Fish and Wildlife and on Environment and Public Works. EC–8320. A communication from the Assist- Parks, Department of the Interior, transmit- EC–8312. A communication from the Direc- ant Secretary of Land and Minerals Manage- ting, pursuant to law, the report of a rule en- tor, Regulatory Management Division, Envi- ment, Minerals Management Service, De- titled ‘‘Migratory Bird Permits; Changes in ronmental Protection Agency, transmitting, partment of the Interior, transmitting, pur- the Regulations Governing Falconry’’ pursuant to law, the report of a rule entitled suant to law, the report of a rule entitled (RIN1018–AG11) received in the Office of the ‘‘Approval and Promulgation of Implementa- ‘‘Royalty Relief for Deepwater Outer Conti- President of the Senate on October 14, 2008; tion Plans; Designation of Areas for Air nental Shelf Oil and Gas Leases—Conforming to the Committee on Environment and Pub- Quality Planning Purposes; State of Cali- Regulations to Court Decision’’ (RIN1010– lic Works. fornia; PM–10; Revision of Designation; Re- AD29) received in the Office of the President EC–8306. A communication from the Direc- designation of the San Joaquin Valley Air of the Senate on October 14, 2008; to the Com- tor, Regulatory Management Division, Envi- Basin PM–10 Nonattainment Area to Attain- mittee on Energy and Natural Resources. ronmental Protection Agency, transmitting, ment; Approval of PM–10 Maintenance Plan EC–8321. A communication from the Chief pursuant to law, the report of a rule entitled for the San Joaquin Valley Air Basin; Ap- of the Publications and Regulations Branch, ‘‘Approval and Promulgation of Air Quality proval of Commitments for the East Kern Internal Revenue Service, Department of the Implementation Plans; Texas; Reasonable PM–10 Nonattainment Area’’ ((EPA–R09– Treasury, transmitting, pursuant to law, the Further Progress Plan, Motor Vehicle Emis- OAR–2008–0306)(FRL–8724–7)) received in the report of a rule entitled ‘‘Qualifying Gasifi- sions Budgets, and Revised 2002 Base Year Office of the President of the Senate on Oc- cation Project Program’’ (Notice 2008–97) re- Emissions Inventory; Dallas/Fort Worth 1997 tober 14, 2008; to the Committee on Environ- ceived in the Office of the President of the 8-Hour Ozone Nonattainment Area’’ ((EPA– ment and Public Works. Senate on October 14, 2008; to the Committee R06–OAR–2007–0525)(FRL–8726–2)) received in EC–8313. A communication from the Direc- on Finance. EC–8322. A communication from the Chief the Office of the President of the Senate on tor, Regulatory Management Division, Envi- of the Publications and Regulations Branch, October 14, 2008; to the Committee on Envi- ronmental Protection Agency, transmitting, Internal Revenue Service, Department of the ronment and Public Works. pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the EC–8307. A communication from the Direc- ‘‘Cyprosulfamide; Pesticide Tolerances’’ report of a rule entitled ‘‘Extension of Re- tor, Regulatory Management Division, Envi- ((EPA–HQ–OPP–2008–0042)(FRL–8377–4)) re- placement Period for Livestock Sold on Ac- ronmental Protection Agency, transmitting, ceived in the Office of the President of the count of Drought in Specified Counties’’ (No- pursuant to law, the report of a rule entitled Senate on October 14, 2008; to the Committee tice 2008–86) received in the Office of the ‘‘Approval and Promulgation of Air Quality on Environment and Public Works. President of the Senate on October 14, 2008; Implementation Plans; Louisiana; Approval EC–8314. A communication from the Direc- to the Committee on Finance. of Section 110(a)(1) Maintenance Plans for tor, Regulatory Management Division, Envi- EC–8323. A communication from the Chief the 1997 8-Hour Ozone Standard for the Par- ronmental Protection Agency, transmitting, of the Publications and Regulations Branch, ishes of Calcasieu and St. James’’ ((EPA– pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the R06–OAR–2007–0659)(FRL–8727–2)) received in ‘‘Hazardous Waste Management System; Treasury, transmitting, pursuant to law, the the Office of the President of the Senate on Identification and Listing of Hazardous report of a rule entitled ‘‘Examination of re- October 14, 2008; to the Committee on Envi- Waste; Final Exclusion’’ ((EPA–R06–RCRA– turns and claims for refund, credit, or abate- ronment and Public Works. 2008–0418)(FRL–8727–8)) received in the Office ment; determination of correct tax liability’’ EC–8308. A communication from the Direc- of the President of the Senate on October 14, (Rev. Proc. 2008–60) received in the Office of tor, Regulatory Management Division, Envi- 2008; to the Committee on Environment and the President of the Senate on October 14, ronmental Protection Agency, transmitting, Public Works. 2008; to the Committee on Finance. pursuant to law, the report of a rule entitled EC–8315. A communication from the Direc- EC–8324. A communication from the Chief ‘‘Consumer and Commercial Products, Group tor, Regulatory Management Division, Envi- of the Publications and Regulations Branch, IV: Control Techniques Guidelines in Lieu of ronmental Protection Agency, transmitting, Internal Revenue Service, Department of the Regulations for Miscellaneous Metal Prod- pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the ucts Coatings, Plastic Parts Coatings, Auto ‘‘Pesticide Tolerance Nomenclature Changes; report of a rule entitled ‘‘Extension of Effec- and Light-Duty Truck Assembly Coatings, Technical Amendments’’ ((EPA–HQ–OPP– tive Date of Normal Retirement Age Regula- Fiberglass Boat Manufacturing Materials, 2002–0043)(FRL–8376–1)) received in the Office tions for Governmental Plans’’ (Notice 2008– and Miscellaneous Industrial Adhesives’’ of the President of the Senate on October 14, 98) received in the Office of the President of (RIN2060–AP01) received in the Office of the 2008; to the Committee on Environment and the Senate on October 14, 2008; to the Com- President of the Senate on October 14, 2008; Public Works. mittee on Finance. to the Committee on Environment and Pub- EC–8316. A communication from the Direc- EC–8325. A communication from the Chief lic Works. tor, Regulatory Management Division, Envi- of the Publications and Regulations Branch, EC–8309. A communication from the Direc- ronmental Protection Agency, transmitting, Internal Revenue Service, Department of the tor, Regulatory Management Division, Envi- pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the ronmental Protection Agency, transmitting, ‘‘Thiencarbazone-methyl; Pesticide Toler- report of a rule entitled ‘‘Charitable Con- pursuant to law, the report of a rule entitled ances’’ ((EPA–HQ–OPP–2008–0132)(FRL–8382– tributions of Inventory Property Under Sec- ‘‘Cymoxanil; Pesticide Tolerances’’ ((EPA– 7)) received in the Office of the President of tion 170(e)(3)’’ (Notice 2008–90) received in the HQ–OPP–2007–1191)(FRL–8382–9)) received in the Senate on October 14, 2008; to the Com- Office of the President of the Senate on Oc- the Office of the President of the Senate on mittee on Environment and Public Works. tober 14, 2008; to the Committee on Finance. October 14, 2008; to the Committee on Envi- EC–8317. A communication from the Chief EC–8326. A communication from the Chief ronment and Public Works. of the Endangered Species Listing Branch, of the Publications and Regulations Branch, EC–8310. A communication from the Direc- Fish and Wildlife Service, Department of the Internal Revenue Service, Department of the tor, Regulatory Management Division, Envi- Interior, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Endangered and report of a rule entitled ‘‘Insurance-Dedi- pursuant to law, the report of a rule entitled Threatened Wildlife and Plants; Designation cated Money Market Funds—Temporary ‘‘The Treatment of Data Influenced by Ex- of Critical Habitat for the San Bernardino Guarantee Program for Money Market ceptional Events (Exceptional Event Rule): Kangaroo Rat (Dipodomys merriami Funds—Government Not the ‘‘Issuer’’ for Revised Exceptional Event Data Flagging parvus)’’ (RIN1018–AV07) received in the Of- Purposes of Testing Diversification’’ (Notice Submittal and Documentation Schedule to fice of the President of the Senate on Octo- 2008–92) received in the Office of the Presi- Support Initial Area Designations for the ber 14, 2008; to the Committee on Environ- dent of the Senate on October 14, 2008; to the 2008 Ozone NAAQS’’ ((EPA–HQ–OAR–2005– ment and Public Works. Committee on Finance. 0159)(FRL–8725–5)) received in the Office of EC–8318. A communication from the Chair- EC–8327. A communication from the Chief the President of the Senate on October 14, man of the Federal Energy Regulatory Com- of the Publications and Regulations Branch,

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24101 Internal Revenue Service, Department of the EC–8336. A communication from the Pro- with Belgium; to the Committee on Foreign Treasury, transmitting, pursuant to law, the gram Manager, Centers for Medicare and Relations. report of a rule entitled ‘‘Update for Weight- Medicaid Services, Department of Health EC–8345. A communication from the Acting ed Average Interest Rates, Yield Curves, and and Human Services, transmitting, pursuant Assistant Secretary, Office of Legislative Af- Segment Rates’’ (Notice 2008–93) received in to law, the report of a rule entitled ‘‘Med- fairs, Department of State, transmitting, the Office of the President of the Senate on icaid Integrity Program; Eligible Entity and pursuant to the Arms Export Control Act, October 14, 2008; to the Committee on Fi- Contracting Requirements for the Medicaid the certification of a proposed technical as- nance. Integrity Audit Program’’ (RIN0938–AO97) re- sistance agreement for the export of defense EC–8328. A communication from the Chief ceived in the Office of the President of the articles, including technical data, and de- of the Publications and Regulations Branch, Senate on October 14, 2008; to the Committee fense services in the amount of $50,000,000 or Internal Revenue Service, Department of the on Finance. more with Chile; to the Committee on For- Treasury, transmitting, pursuant to law, the EC–8337. A communication from the Pro- eign Relations. report of a rule entitled ‘‘Tier I Issue—Gov- gram Manager, Centers for Medicare and EC–8346. A communication from the Acting ernment Settlements Directive #3’’ (LMSB Medicaid Services, Department of Health Assistant Secretary, Office of Legislative Af- Control No. 4–0908–046) received in the Office and Human Services, transmitting, pursuant fairs, Department of State, transmitting, of the President of the Senate on October 14, to law, the report of a rule entitled ‘‘Medi- pursuant to the Arms Export Control Act, 2008; to the Committee on Finance. care Program; Termination of Non-Random the certification of a proposed technical as- EC–8329. A communication from the Chief Prepayment Complex Medical Review’’ sistance agreement for the export of tech- of the Publications and Regulations Branch, (RIN0938–AN31) received in the Office of the nical data, defense services, and defense arti- Internal Revenue Service, Department of the President of the Senate on October 14, 2008; cles in the amount of $50,000,000 or more with Treasury, transmitting, pursuant to law, the to the Committee on Finance. Malaysia, France, and the United Kingdom; report of a rule relative to the classification EC–8338. A communication from the Acting to the Committee on Foreign Relations. of Indian tribal entities that the Internal Assistant Secretary, Office of Legislative Af- EC–8347. A communication from the Sec- Revenue Service recognizes as Indian Tribal fairs, Department of State, transmitting, retary of Health and Human Services, trans- Governments under Internal Revenue Code pursuant to law, a report entitled ‘‘Annual mitting, pursuant to law, a report entitled Section 7871 and Section 7701(a)(40) (Rev. Report on Assistance Related to Inter- ‘‘Program Evaluation Activities of the U.S. Proc. 2008-55) received in the Office of the national Terrorism; Fiscal Year 2007’’; to the Department of Health and Human Services - President of the Senate on October 14, 2008; Committee on Foreign Relations. Performance Improvement 2008’’; to the to the Committee on Finance. EC–8339. A communication from the Acting Committee on Health, Education, Labor, and EC–8330. A communication from the Chief Assistant Secretary, Office of Legislative Af- Pensions. of the Publications and Regulations Branch, fairs, Department of State, transmitting, EC–8348. A communication from the Pro- Internal Revenue Service, Department of the pursuant to law, a report entitled ‘‘Report gram Manager, National Institutes of Treasury, transmitting, pursuant to law, the and Justification Pursuant to Section 650(d) Health, Department of Health and Human report of a rule entitled ‘‘Application of Sec- of the Department of State, Foreign Oper- Services, transmitting, pursuant to law, the tion 382 in the Case of Certain Acquisitions ations, and Related Programs Appropria- report of a rule entitled ‘‘Standards of Care Made by the United States’’ (Notice 2008–84) tions Act, 2008, as carried forward under the for Chimpanzees Held in the Federally Sup- received in the Office of the President of the Supplemental Appropriations Act, 2008’’; to ported Chimpanzee Sanctuary System’’ Senate on October 14, 2008; to the Committee the Committee on Foreign Relations. (RIN0925–AA31) received in the Office of the on Finance. EC–8331. A communication from the Chief EC–8340. A communication from the Acting President of the Senate on October 14, 2008; of the Publications and Regulations Branch, Assistant Secretary, Office of Legislative Af- to the Committee on Health, Education, Internal Revenue Service, Department of the fairs, Department of State, transmitting, Labor, and Pensions. Treasury, transmitting, pursuant to law, the pursuant to the Arms Export Control Act, EC–8349. A communication from the Pro- report of a rule entitled ‘‘Capital Contribu- the certification of a proposed transfer of gram Manager, Health Resources and Serv- tions Under Section 382(I)(1)’’ (Notice 2008–78) major defense equipment from Pakistan to ices Administration, Department of Health received in the Office of the President of the Diehl Raytheon, Germany; to the Committee and Human Services, transmitting, pursuant Senate on October 14, 2008; to the Committee on Foreign Relations. to law, the report of a rule entitled ‘‘Na- on Finance. EC–8341. A communication from the Acting tional Vaccine Injury Compensation Pro- EC–8332. A communication from the Chief Assistant Secretary, Office of Legislative Af- gram: Removal of Separate Category for of the Publications and Regulations Branch, fairs, Department of State, transmitting, Vaccines Containing Live, Oral, Rhesus- Internal Revenue Service, Department of the pursuant to the Arms Export Control Act, Based Rotavirus From the Vaccine Injury Treasury, transmitting, pursuant to law, the the certification of a proposed manufac- Table’’ (RIN0906–AA55) received in the Office report of a rule relative to bankruptcy and turing license agreement for the manufac- of the President of the Senate on October 14, securities loans (Rev. Proc. 2008–63) received ture of significant military equipment 2008; to the Committee on Health, Education, in the Office of the President of the Senate abroad and the export of defense services and Labor, and Pensions. on October 14, 2008; to the Committee on Fi- defense articles in the amount of $100,000,000 EC–8350. A communication from the Pro- nance. or more to Canada; to the Committee on gram Manager, Centers for Medicaid & Medi- EC–8333. A communication from the Chief Foreign Relations. care Services, Department of Health and of the Publications and Regulations Branch, EC–8342. A communication from the Acting Human Services, transmitting, pursuant to Internal Revenue Service, Department of the Assistant Secretary, Office of Legislative Af- law, the report of a rule entitled ‘‘Exemption Treasury, transmitting, pursuant to law, the fairs, Department of State, transmitting, of Certain Systems of Records Under the Pri- report of a rule relative to the procedures for pursuant to the Arms Export Control Act, vacy Act’’ (RIN0938–AO69) received in the Of- obtaining approval to use plan-specific sub- the certification of a proposed license for the fice of the President of the Senate on Octo- stitute mortality tables (Rev. Proc. 2008–62) export of defense articles and defense serv- ber 14, 2008; to the Committee on Health, received in the Office of the President of the ices in the amount of $50,000,000 or more to Education, Labor, and Pensions. Senate on October 14, 2008; to the Committee Bahrain; to the Committee on Foreign Rela- EC–8351. A communication from the Pro- on Finance. tions. gram Manager, Administration for Children EC–8334. A communication from the Chief EC–8343. A communication from the Acting and Families, Department of Health and of the Publications and Regulations Branch, Assistant Secretary, Office of Legislative Af- Human Services, transmitting, pursuant to Internal Revenue Service, Department of the fairs, Department of State, transmitting, law, the report of a rule entitled ‘‘Medical Treasury, transmitting, pursuant to law, the pursuant to the Arms Export Control Act, Examination of Aliens – Revisions to Med- report of a rule entitled ‘‘Application of Sec- the certification of a proposed manufac- ical Screening Process’’ (RIN0920–AA20) re- tion 382(h) to Banks’’ (Notice 2008–83) re- turing license agreement for the manufac- ceived in the Office of the President of the ceived in the Office of the President of the ture of significant military equipment Senate on October 14, 2008; to the Committee Senate on October 14, 2008; to the Committee abroad with Australia and the United King- on Health, Education, Labor, and Pensions. on Finance. dom; to the Committee on Foreign Rela- EC–8352. A communication from the Assist- EC–8335. A communication from the Pro- tions. ant Secretary, Employee Benefits Security gram Manager, Centers for Medicare and EC–8344. A communication from the Acting Administration, Department of Labor, trans- Medicaid Services, Department of Health Assistant Secretary, Office of Legislative Af- mitting, pursuant to law, the report of a rule and Human Services, transmitting, pursuant fairs, Department of State, transmitting, entitled ‘‘Selection of Annuity Providers – to law, the report of a rule entitled ‘‘Med- pursuant to the Arms Export Control Act, Safe Harbor for Individual Account Plans’’ icaid Program; Multiple Source Drug Defini- the certification of a proposed technical as- (RIN1210–AB19) received in the Office of the tion’’ (RIN0938–AP26) received in the Office sistance agreement to include the export of President of the Senate on October 14, 2008; of the President of the Senate on October 14, technical data, defense services, and defense to the Committee on Health, Education, 2008; to the Committee on Finance. articles in the amount of $50,000,000 or more Labor, and Pensions.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24102 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 EC–8353. A communication from the Assist- 2005–27’’ (FAC 2005–27) received in the Office transmitting, pursuant to law, a report on ant Secretary, Employee Benefits Security of the President of the Senate on October 14, D.C. Act 17–523, ‘‘Uniform Adult Guardian- Administration, Department of Labor, trans- 2008; to the Committee on Homeland Secu- ship and Protective Proceedings Jurisdiction mitting, pursuant to law, the report of a rule rity and Governmental Affairs. Act of 2008’’; to the Committee on Homeland entitled ‘‘Amendment to Interpretive Bul- EC–8361. A communication from the Chair- Security and Governmental Affairs. letin 95–1’’ (RIN1210–AB22) received in the Of- man, Council of the District of Columbia, EC–8373. A communication from the Chair- fice of the President of the Senate on Octo- transmitting, pursuant to law, a report on man, Council of the District of Columbia, ber 14, 2008; to the Committee on Health, D.C. Act 17–535, ‘‘Taxicab Company, Associa- transmitting, pursuant to law, a report on Education, Labor, and Pensions. tion, and Fleet and Limousine License Mora- D.C. Act 17–522, ‘‘Pedestrian Safety Rein- EC–8354. A communication from the Assist- torium Amendment Act of 2008’’; to the Com- forcement Amendment Act of 2008’’; to the ant Secretary, Employee Benefits Security mittee on Homeland Security and Govern- Committee on Homeland Security and Gov- Administration, Department of Labor, trans- mental Affairs. ernmental Affairs. mitting, pursuant to law, the report of a rule EC–8362. A communication from the Chair- EC–8374. A communication from the Chair- entitled ‘‘Amendments to Safe Harbor for man, Council of the District of Columbia, man, Council of the District of Columbia, Distributions From Terminated Individual transmitting, pursuant to law, a report on transmitting, pursuant to law, a report on Account Plans and Termination of Aban- D.C. Act 17–534, ‘‘Performance Parking Pilot D.C. Act 17–521, ‘‘Jackson H. Gerhart House doned Individual Account Plans To Require Zone Act of 2008’’; to the Committee on Designation Act of 2008’’; to the Committee Inherited Individual Retirement Plans for Homeland Security and Governmental Af- on Homeland Security and Governmental Af- Missing Nonspouse Beneficiaries’’ (RIN1210– fairs. fairs. EC–8375. A communication from the Chair- AB16) received in the Office of the President EC–8363. A communication from the Chair- man, Council of the District of Columbia, of the Senate on October 14, 2008; to the Com- man, Council of the District of Columbia, transmitting, pursuant to law, a report on mittee on Health, Education, Labor, and transmitting, pursuant to law, a report on D.C. Act 17–520, ‘‘Lola Beaver Memorial Park Pensions. D.C. Act 17–533, ‘‘City Market at O Street Designation Act of 2008’’; to the Committee EC–8355. A communication from the Assist- Tax Increment Financing Act of 2008’’; to the on Homeland Security and Governmental Af- ant Secretary, Employee Benefits Security Committee on Homeland Security and Gov- ernmental Affairs. fairs. Administration, Department of Labor, trans- EC–8376. A communication from the Chair- mitting, pursuant to law, the report of a rule EC–8364. A communication from the Chair- man, Council of the District of Columbia, man, Council of the District of Columbia, entitled ‘‘Statutory Exemption for Cross- transmitting, pursuant to law, a report on Trading of Securities’’ (RIN1210–AB17) re- transmitting, pursuant to law, a report on D.C. Act 17–531, ‘‘Targeted Historic Housing D.C. Act 17–517, ‘‘Bolling Air Force Base ceived in the Office of the President of the Military Housing Real Property Tax Exemp- Senate on October 14, 2008; to the Committee Preservation Assistance Temporary Amend- ment Act of 2008’’; to the Committee on tion and Equitable Tax Relief Temporary on Health, Education, Labor, and Pensions. Act of 2008’’; to the Committee on Homeland EC–8356. A communication from the Assist- Homeland Security and Governmental Af- fairs. Security and Governmental Affairs. ant Secretary, Employee Benefits Security EC–8377. A communication from the Chair- Administration, Department of Labor, trans- EC–8365. A communication from the Chair- man, Council of the District of Columbia, man, Council of the District of Columbia, mitting, pursuant to law, the report of a rule transmitting, pursuant to law, a report on transmitting, pursuant to law, a report on entitled ‘‘Adoption of Amendment to Prohib- D.C. Act 17–516, ‘‘Waterside Mall and Fourth D.C. Act 17–530, ‘‘Washington Parks & People ited Transaction Exemption 2006–06; (PTE Street, S.W., Redevelopment and Recon- Equitable Real Property Tax Relief Tem- 2006–06) For Services Provided in Connection struction Temporary Act of 2008’’; to the porary Act of 2008’’; to the Committee on With the Termination of Abandoned Indi- Committee on Homeland Security and Gov- Homeland Security and Governmental Af- vidual Account Plans’’ (RIN1210–ZA12) re- ernmental Affairs. ceived in the Office of the President of the fairs. EC–8378. A communication from the Chair- EC–8366. A communication from the Chair- Senate on October 14, 2008; to the Committee man, Council of the District of Columbia, man, Council of the District of Columbia, on Health, Education, Labor, and Pensions. transmitting, pursuant to law, a report on transmitting, pursuant to law, a report on EC–8357. A communication from the Acting D.C. Act 17–515, ‘‘Old Naval Hospital Grant D.C. Act 17–529, ‘‘Designated Appropriation Director, Strategic Human Resources Policy, Temporary Amendment Act of 2008’’; to the Allocations Temporary Amendment Act of Office of Personnel Management, transmit- Committee on Homeland Security and Gov- 2008’’; to the Committee on Homeland Secu- ting, pursuant to law, the report of a rule en- ernmental Affairs. rity and Governmental Affairs. titled ‘‘Federal Employees Group Life Insur- EC–8379. A communication from the Chair- EC–8367. A communication from the Chair- man, Council of the District of Columbia, ance, Federal Acquisition Regulation: Board man, Council of the District of Columbia, of Contract Appeals’’ (RIN3206–AL46) re- transmitting, pursuant to law, a report on transmitting, pursuant to law, a report on D.C. Act 17–514, ‘‘Public Space Rental Fees ceived in the Office of the President of the D.C. Act 17–528, ‘‘Vacancy Exemption Repeal Senate on October 14, 2008; to the Committee Temporary Amendment Act of 2008’’; to the Clarification Temporary Amendment Act of Committee on Homeland Security and Gov- on Homeland Security and Governmental Af- 2008’’; to the Committee on Homeland Secu- fairs. ernmental Affairs. rity and Governmental Affairs. EC–8380. A communication from the Chair- EC–8358. A communication from the Acting EC–8368. A communication from the Chair- Director, Strategic Human Resources Policy, man, Council of the District of Columbia, man, Council of the District of Columbia, transmitting, pursuant to law, a report on Office of Personnel Management, transmit- transmitting, pursuant to law, a report on ting, pursuant to law, the report of a rule en- D.C. Act 17–513, ‘‘Downtown Retail Tax In- D.C. Act 17–527, ‘‘Contract No. DCTO–2007–C– crement Financing Amendment Act of 2008’’; titled ‘‘Federal Employees Health Benefits, 0036 Approval and Payment Authorization to the Committee on Homeland Security and Acquisition Regulation: Board of Contract Act of 2008’’; to the Committee on Homeland Governmental Affairs. Appeals’’ (RIN3206–AL35) received in the Of- Security and Governmental Affairs. EC–8381. A communication from the Chair- fice of the President of the Senate on Octo- EC–8369. A communication from the Chair- man, Council of the District of Columbia, ber 14, 2008; to the Committee on Homeland man, Council of the District of Columbia, transmitting, pursuant to law, a report on Security and Governmental Affairs. transmitting, pursuant to law, a report on D.C. Act 17–512, ‘‘Marvin Gaye Way Designa- EC–8359. A communication from the Acting D.C. Act 17–526, ‘‘Fire Chief Burton W. John- tion Act of 2008’’; to the Committee on Director, Office of General Counsel, Office of son Building Designation Act of 2008’’; to the Homeland Security and Governmental Af- Personnel Management, transmitting, pursu- Committee on Homeland Security and Gov- fairs. ant to law, the report of a rule entitled ‘‘Tes- ernmental Affairs. EC–8382. A communication from the Chair- timony by OPM Employees Relating to Offi- EC–8370. A communication from the Chair- man, Council of the District of Columbia, cial Information and Production of Official man, Council of the District of Columbia, transmitting, pursuant to law, a report on Records in Legal Proceedings’’ (RIN3206– transmitting, pursuant to law, a report on D.C. Act 17–511, ‘‘Defined Contribution Plan AL22) received in the Office of the President D.C. Act 17–525, ‘‘Appointed Attorney Com- Modifications for the Director of the Depart- of the Senate on October 14, 2008; to the Com- pensation Act of 2008’’; to the Committee on ment of Corrections Devon Brown Amend- mittee on Homeland Security and Govern- Homeland Security and Governmental Af- ment Act of 2008’’; to the Committee on mental Affairs. fairs. Homeland Security and Governmental Af- EC–8360. A communication from the Senior EC–8371. A communication from the Chair- fairs. Procurement Executive, Office of the Chief man, Council of the District of Columbia, EC–8383. A communication from the Chair- Acquisition Officer, General Services Admin- transmitting, pursuant to law, a report on man, Council of the District of Columbia, istration, Department of Defense, and Na- D.C. Act 17–524, ‘‘Title 22 Amendment Act of transmitting, pursuant to law, a report on tional Aeronautics and Space Administra- 2008’’; to the Committee on Homeland Secu- D.C. Act 17–510, ‘‘Trash Collection Noise Vio- tion, transmitting, pursuant to law, the re- rity and Governmental Affairs. lations Abatement Act of 2008’’; to the Com- port of a rule entitled ‘‘Federal Acquisition EC–8372. A communication from the Chair- mittee on Homeland Security and Govern- Regulation; Federal Acquisition Circular man, Council of the District of Columbia, mental Affairs.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24103 EC–8384. A communication from the Chair- EC–8394. A communication from the Under Charter Vessel Fishery for Halibut’’ man, Council of the District of Columbia, Secretary of Defense (Personnel and Readi- (RIN0648–AX21) received in the Office of the transmitting, pursuant to law, a report on ness), transmitting a report on the approved President of the Senate on October 16, 2008; D.C. Act 17–506, ‘‘MVS Inc., Payment Author- retirement of General Bruce A. Carlson, to the Committee on Commerce, Science, ization Act of 2008’’; to the Committee on United States Air Force, and his advance- and Transportation. Homeland Security and Governmental Af- ment to the grade of general on the retired EC–8404. A communication from the Dep- fairs. list; to the Committee on Armed Services. uty Assistant Administrator for Regulatory EC–8385. A communication from the Chair- EC–8395. A communication from the Sec- Programs, National Marine Fisheries Serv- man, Council of the District of Columbia, retary of the Treasury, transmitting, pursu- ice, Department of Commerce, transmitting, transmitting, pursuant to law, a report on ant to law, a six-month periodic report on pursuant to law, the report of a rule entitled D.C. Act 17–505, ‘‘Maury Wills Baseball Field the national emergency declared in Execu- ‘‘Fisheries of the Exclusive Economic Zone Designation Act of 2008’’; to the Committee tive Order 12978 with respect to significant Off Alaska; Recordkeeping and Reporting’’ on Homeland Security and Governmental Af- narcotics traffickers centered in Colombia; (RIN0648–AW28) received in the Office of the fairs. to the Committee on Banking, Housing, and President of the Senate on October 16, 2008; EC–8386. A communication from the Chair- Urban Affairs. to the Committee on Commerce, Science, man, Council of the District of Columbia, EC–8396. A communication from the Sec- and Transportation. transmitting, pursuant to law, a report on retary of the Treasury, transmitting, pursu- EC–8405. A communication from the Dep- D.C. Act 17–504, ‘‘Lauzun’s Legion Bridge ant to law, a six-month periodic report on uty Assistant Administrator for Regulatory Designation Act of 2008’’; to the Committee the national emergency that was declared in Programs, National Marine Fisheries Serv- on Homeland Security and Governmental Af- Executive Order 13413 of October 27, 2006, rel- ice, Department of Commerce, transmitting, fairs. ative to the Democratic Republic of the pursuant to law, the report of a rule entitled EC–8387. A communication from the Direc- Congo; to the Committee on Banking, Hous- ‘‘Pacific Halibut Fisheries; Subsistence Fish- tor of Legislative Affairs, Office of the Direc- ing, and Urban Affairs. ing’’ (RIN0648–AU14) received in the Office of tor of National Intelligence, transmitting, EC–8397. A communication from the Board the President of the Senate on October 16, pursuant to law, a report relative to the res- of Directors, HOPE for Homeowners Pro- 2008; to the Committee on Commerce, ignation and vacancy of Associate Director gram, transmitting, pursuant to law, the re- Science, and Transportation. EC–8406. A communication from the Acting of National Intelligence and Chief Informa- port of a rule entitled ‘‘HOPE for Home- Director of the Office of Sustainable Fish- tion Officer, received in the Office of the owners Program: Program Regulations’’ eries, National Marine Fisheries Service, De- President of the Senate on October 14, 2008; (RIN2580–AA00) received in the Office of the partment of Commerce, transmitting, pursu- to the Select Committee on Intelligence. President of the Senate on October 16, 2008; ant to law, the report of a rule entitled EC–8388. A communication from the Regu- to the Committee on Banking, Housing, and ‘‘Fisheries of the Exclusive Economic Zone latory and Policy Specialist, Bureau of In- Urban Affairs. Off Alaska; Deep-Water Species Fishery by dian Affairs, Department of the Interior, EC–8398. A communication from the Chief Vessels Using Trawl Gear in the Gulf of Alas- transmitting, pursuant to law, the report of Counsel, Federal Emergency Management ka’’ (RIN0648–XK53) received in the Office of a rule entitled ‘‘Homeliving Programs’’ Agency, Department of Homeland Security, the President of the Senate on October 16, (RIN1076–AE51) received in the Office of the transmitting, pursuant to law, the report of 2008; to the Committee on Commerce, President of the Senate on October 14, 2008; a rule entitled ‘‘Final Flood Elevation Deter- Science, and Transportation. to the Committee on Indian Affairs. minations’’ ((73 FR 55442)(44 CFR Part 67)) EC–8407. A communication from the Acting EC–8389. A communication from the Regu- received in the Office of the President of the Director of the Office of Sustainable Fish- latory and Policy Specialist, Bureau of In- Senate on October 16, 2008; to the Committee eries, National Marine Fisheries Service, De- dian Affairs, Department of the Interior, on Banking, Housing, and Urban Affairs. partment of Commerce, transmitting, pursu- transmitting, pursuant to law, the report of EC–8399. A communication from the Acting ant to law, the report of a rule entitled a rule entitled ‘‘Irrigation Operation and Secretary, Division of Corporation Finance, ‘‘Fisheries of the Northeastern United Maintenance’’ (RIN1076–AD44) received in Securities and Exchange Commission, trans- States; Northeast Multispecies Fishery; the Office of the President of the Senate on mitting, pursuant to law, the report of a rule Inseason Action to allow use of the Ruhle October 14, 2008; to the Committee on Indian entitled ‘‘Disclosure of Short Sales and Trawl in the Eastern U.S./Canada Area’’ Affairs. Short Positions By Institutional Investment (RIN0648–XJ76) received in the Office of the EC–8390. A communication from the Direc- Managers’’ (RIN3235–AK23) received in the President of the Senate on October 16, 2008; tor, Executive Office for United States Office of the President of the Senate on Oc- to the Committee on Commerce, Science, Trustees, Department of Justice, transmit- tober 16, 2008; to the Committee on Banking, and Transportation. ting, pursuant to law, the report of a rule en- Housing, and Urban Affairs. EC–8408. A communication from the Direc- titled ‘‘Procedures for Completing Uniform EC–8400. A communication from the Acting tor of the Office of Sustainable Fisheries, Forms of Trustee Final Reports in Cases Secretary, Division of Trading and Markets, National Marine Fisheries Service, Depart- Filed Under Chapters 7, 12, and 13 of the Securities and Exchange Commission, trans- ment of Commerce, transmitting, pursuant Bankruptcy Code’’ (RIN1105–AB29) received mitting, pursuant to law, the report of a rule to law, the report of a rule entitled ‘‘Fish- in the Office of the President of the Senate entitled ‘‘Amendments to Regulation SHO’’ eries of the Exclusive Economic Zone Off on October 14, 2008; to the Committee on the (RIN3235–AK22) received in the Office of the Alaska; Pollock in Statistical Area 630 in the Judiciary. President of the Senate on October 16, 2008; Gulf of Alaska’’ (RIN0648–XK72) received in EC–8391. A communication from the Direc- to the Committee on Banking, Housing, and the Office of the President of the Senate on tor of Regulations Management, Veterans Urban Affairs. October 16, 2008; to the Committee on Com- Health Administration, Department of Vet- EC–8401. A communication from the Acting merce, Science, and Transportation. erans Affairs, transmitting, pursuant to law, Secretary, Division of Trading and Markets, EC–8409. A communication from the Direc- the report of a rule entitled ‘‘Dental Care— Securities and Exchange Commission, trans- tor of the Office of Sustainable Fisheries, Provision of One-Time Outpatient Dental mitting, pursuant to law, the report of a rule National Marine Fisheries Service, Depart- Care for Certain Veterans’’ (RIN2900–AM95) entitled ‘‘ ‘Naked’ Short Selling Antifraud ment of Commerce, transmitting, pursuant received in the Office of the President of the Rule’’ (RIN3235–AK06) received in the Office to law, the report of a rule entitled ‘‘Fish- Senate on October 14, 2008; to the Committee of the President of the Senate on October 16, eries Off West Coast States; Coastal Pelagic on Veterans’ Affairs. 2008; to the Committee on Banking, Housing, Species Fisheries; Closure’’ (RIN0648–XK61) EC–8392. A communication from the Direc- and Urban Affairs. received in the Office of the President of the tor of Regulations Management, Veterans EC–8402. A communication from the Acting Senate on October 16, 2008; to the Committee Health Administration, Department of Vet- Secretary, Division of Trading and Markets, on Commerce, Science, and Transportation. erans Affairs, transmitting, pursuant to law, Securities and Exchange Commission, trans- EC–8410. A communication from the Direc- the report of a rule entitled ‘‘Grants to mitting, pursuant to law, the report of a rule tor of the Office of Sustainable Fisheries, States for Construction and Acquisition of entitled ‘‘Amendments to Regulation SHO’’ National Marine Fisheries Service, Depart- State Home Facilities’’ (RIN2900–AJ43) re- (RIN3235–AJ57) received in the Office of the ment of Commerce, transmitting, pursuant ceived in the Office of the President of the President of the Senate on October 16, 2008; to law, the report of a rule entitled ‘‘Fish- Senate on October 14, 2008; to the Committee to the Committee on Banking, Housing, and eries of the Exclusive Economic Zone Off on Veterans’ Affairs. Urban Affairs. Alaska; Pollock in Area 620 in the Gulf of EC–8393. A communication from the Assist- EC–8403. A communication from the Dep- Alaska’’ (RIN0648–XK32) received in the Of- ant Secretary of Defense (Health Affairs), uty Assistant Administrator for Regulatory fice of the President of the Senate on Octo- transmitting, pursuant to law, a report rel- Programs, National Marine Fisheries Serv- ber 16, 2008; to the Committee on Commerce, ative to the evaluation of Polytrauma Liai- ice, Department of Commerce, transmitting, Science, and Transportation. son/Noncommissioned Officer Program; to pursuant to law, the report of a rule entitled EC–8411. A communication from the Direc- the Committee on Armed Services. ‘‘Pacific Halibut Fisheries; Guided Sport tor of the Office of Sustainable Fisheries,

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24104 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 National Marine Fisheries Service, Depart- 2008; to the Committee on Commerce, ‘‘Announcement of the Delegation of Partial ment of Commerce, transmitting, pursuant Science, and Transportation. Administrative Authority for Implementa- to law, the report of a rule entitled ‘‘Fish- EC–8419. A communication from the Chief tion of Federal Implementation Plan for eries of the Northeastern United States; At- of Staff, Media Bureau, Federal Communica- Coeur d’ Alene Reservation to the Coeur d’ lantic Bluefish Fishery; Commercial Quota tions Commission, transmitting, pursuant to Alene Tribe’’ ((EPA–R10–OAR–2008–0498) Harvested for Massachusetts’’ (RIN0648– law, the report of a rule entitled ‘‘Amend- (FRL–8729–3)) received in the Office of the XK04) received in the Office of the President ment of Section 73.622(i), Final DTV Table of President of the Senate on October 14, 2008; of the Senate on October 16, 2008; to the Com- Allotments, Television Broadcast Stations to the Committee on Environment and Pub- mittee on Commerce, Science, and Transpor- (Salt Lake City, Utah)’’ ((DA 08–2066)(MB lic Works. tation. Docket No. 08–144)) received in the Office of EC–8427. A communication from the Direc- EC–8412. A communication from the Chief the President of the Senate on October 14, tor, Regulatory Management Division, Envi- of Staff, Media Bureau, Federal Communica- 2008; to the Committee on Commerce, ronmental Protection Agency, transmitting, tions Commission, transmitting, pursuant to Science, and Transportation. pursuant to law, the report of a rule entitled law, the report of a rule entitled ‘‘An Inquiry EC–8420. A communication from the Chief ‘‘Approval and Promulgation of Air Quality Into the Commission’s Policies and Rules of Staff, Media Bureau, Federal Communica- Implementation Plans; Texas; Dallas/Fort Regarding AM Radio Service Directional An- tions Commission, transmitting, pursuant to Worth 1-Hour Ozone Nonattainment Area; tenna Performance Verification’’ ((FCC 08– law, the report of a rule entitled ‘‘Amend- Determination of Attainment of the 1–Hour 228)(MM Docket No. 93–177)) received in the ment of Section 73.622(i), Final DTV Table of Ozone Standard’’ ((EPA–R06–OAR–2008– Office of the President of the Senate on Oc- Allotments, Television Broadcast Stations 0420)(FRL–8730–3)) received in the Office of tober 14, 2008; to the Committee on Com- (Freeport, Illinois)’’ ((DA 08–2067) (MB Dock- the President of the Senate on October 14, merce, Science, and Transportation. et No. 08–135)) received in the Office of the 2008; to the Committee on Environment and EC–8413. A communication from the Chief President of the Senate on October 14, 2008; Public Works. of Staff, Media Bureau, Federal Communica- to the Committee on Commerce, Science, EC–8428. A communication from the Direc- tions Commission, transmitting, pursuant to and Transportation. tor, Regulatory Management Division, Envi- law, the report of a rule entitled ‘‘Amend- EC–8421. A communication from the Assist- ronmental Protection Agency, transmitting, ment of 73.622(i), Final DTV Table of Allot- ant Secretary, Bureau of Legislative Affairs, pursuant to law, the report of a rule entitled ments, Television Broadcast Stations Department of State, transmitting, pursuant ‘‘Approval and Promulgation of Air Quality (Wittenberg, Wisconsin)’’ ((DA 08–2160)(MB to the Arms Export Control Act, the certifi- Implementation Plans; Wisconsin; Approval Docket No. 08–136)) received in the Office of cation of a proposed technical assistance of Rule Clarifications’’ ((EPA–R05–OAR–2008– the President of the Senate on October 14, agreement for the export of defense articles, 0389) (FRL–8711–3)) received in the Office of 2008; to the Committee on Commerce, including technical data, and defense serv- the President of the Senate on October 14, Science, and Transportation. ices in the amount of $50,000,000 or more to 2008; to the Committee on Environment and EC–8414. A communication from the Chief the Republic of Korea; to the Committee on Public Works. EC–8429. A communication from the Direc- of Staff, Media Bureau, Federal Communica- Foreign Relations. tor, Regulatory Management Division, Envi- tions Commission, transmitting, pursuant to EC–8422. A communication from the Assist- ronmental Protection Agency, transmitting, law, the report of a rule entitled ‘‘Amend- ant Secretary, Bureau of Legislative Affairs, pursuant to law, the report of a rule entitled ment of Section 73.622(i), Final DTV Table of Department of State, transmitting, pursuant ‘‘Approval and Promulgation of Implementa- Allotments, Television Broadcast Stations to law, a report relative to the status of the tion Plans; Alaska; Interstate Transport of (Vanderbilt, Michigan)’’ ((DA 08–1858)(MB Government of Cuba’s compliance with the Pollution’’ ((EPA–R10–OAR–2008–0166) (FRL– Docket No. 08–204)) received in the Office of United States–Cuba September 1994 ‘‘Joint 8728–1)) received in the Office of the Presi- the President of the Senate on October 14, Communique’’ and the treatment of persons dent of the Senate on October 14, 2008; to the 2008; to the Committee on Commerce, returned to Cuba in accordance with the Committee on Environment and Public Science, and Transportation. United States–Cuba May 1995 ‘‘Joint State- Works. EC–8415. A communication from the Chief ment’’; to the Committee on Foreign Rela- EC–8430. A communication from the Direc- of Staff, Media Bureau, Federal Communica- tions. tor, Regulatory Management Division, Envi- tions Commission, transmitting, pursuant to EC–8423. A communication from the Sec- ronmental Protection Agency, transmitting, law, the report of a rule entitled ‘‘Amend- retary of Agriculture and the Secretary of pursuant to law, the report of a rule entitled ment of Section 73.622(i), Final DTV Table of Health and Human Services, transmitting, ‘‘Control of Hazardous Air Pollutants From Allotments, Television Broadcast Stations pursuant to law, a report entitled ‘‘Report to Mobile Sources: Early Credit Technology Re- (Greenville, North Carolina)’’ ((DA 08– Congress on Thefts, Losses, or Releases of quirement Revision’’ ((EPA–HQ–2005–0036) 2148)(MB Docket No. 08–133)) received in the Select Agents or Toxins For Calendar Year (RIN2060–A089)) received in the Office of the Office of the President of the Senate on Oc- 2007’’; to the Committee on Health, Edu- President of the Senate on October 14, 2008; tober 14, 2008; to the Committee on Com- cation, Labor, and Pensions. to the Committee on Environment and Pub- merce, Science, and Transportation. EC–8424. A communication from the Dep- lic Works. EC–8416. A communication from the Chief uty Assistant Secretary of the Office of EC–8431. A communication from the Direc- of Staff, Media Bureau, Federal Communica- Labor–Management Standards, Employment tor, Regulatory Management Division, Envi- tions Commission, transmitting, pursuant to Standards Administration, Department of ronmental Protection Agency, transmitting, law, the report of a rule entitled ‘‘Carriage of Labor, transmitting, pursuant to law, the re- pursuant to law, the report of a rule entitled Digital Television Broadcast Signals: port of a rule entitled ‘‘Amendment to ‘‘Extension of Cross–Media Electronic Re- Amendment to Part 76 of the Commission’s Guidelines for Processing Applications for porting Rule Deadline for Authorized Pro- Rules’’ ((FCC 08–193)(CS Docket No. 98–120)) Assistance To Conform to Sections 3013(h) grams’’ ((EPA–HQ–OEI–2003–0001) (FRL–8730– received in the Office of the President of the and 3031 of the Safe, Accountable, Flexible, 8)) received in the Office of the President of Senate on October 14, 2008; to the Committee and Efficient Transportation Equity Act – A the Senate on October 14, 2008; to the Com- on Commerce, Science, and Transportation. Legacy for Users and To Improve Processing mittee on Environment and Public Works. EC–8417. A communication from the Chief for Administrative Efficacy’’ (RIN1215–AB58) EC–8432. A communication from the Direc- of Staff, Media Bureau, Federal Communica- received in the Office of the President of the tor, Regulatory Management Division, Envi- tions Commission, transmitting, pursuant to Senate on October 14, 2008; to the Committee ronmental Protection Agency, transmitting, law, the report of a rule entitled ‘‘Amend- on Health, Education, Labor, and Pensions. pursuant to law, the report of a rule entitled ment of Section 73.622(i), Final DTV Table of EC–8425. A communication from the Dep- ‘‘Revisions to the Definition of Solid Waste’’ Allotments, Television Broadcast Stations uty Assistant Secretary of the Office of ((EPA–HQ–RCRA–2002–0031) (FRL–8728–9)) re- (Longview, Texas)’’ ((DA 08–2065)(MB Docket Labor–Management Standards, Employment ceived in the Office of the President of the No. 08–112)) received in the Office of the Standards Administration, Department of Senate on October 14, 2008; to the Committee President of the Senate on October 14, 2008; Labor, transmitting, pursuant to law, the re- on Environment and Public Works. to the Committee on Commerce, Science, port of a rule entitled ‘‘Labor Organization EC–8433. A communication from the Acting and Transportation. Annual Financial Reports for Trusts in Director, Strategic Human Resources Policy, EC–8418. A communication from the Chief Which a Labor Organization Is Interested, Office of Personnel Management, transmit- of Staff, Media Bureau, Federal Communica- Form T–1’’ (RIN1215–AB64) received in the ting, pursuant to law, the report of a rule en- tions Commission, transmitting, pursuant to Office of the President of the Senate on Oc- titled ‘‘Disabled Veterans Documentation’’ law, the report of a rule entitled ‘‘Amend- tober 14, 2008; to the Committee on Health, (RIN3206–AL29) received in the Office of the ment of Section 73.622(i), Final DTV Table of Education, Labor, and Pensions. President of the Senate on October 14, 2008; Allotments, Television Broadcast Stations EC–8426. A communication from the Direc- to the Committee on Homeland Security and (Shreveport, Louisiana)’’ ((DA 08–2032) (MB tor, Regulatory Management Division, Envi- Governmental Affairs. Docket No. 08–118)) received in the Office of ronmental Protection Agency, transmitting, EC–8434. A communication from the Chair- the President of the Senate on October 14, pursuant to law, the report of a rule entitled man and CEO, Farm Credit Administration,

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24105 transmitting, pursuant to law, a report rel- the report of a rule entitled ‘‘Special Areas; EC–8455. A communication from the Acting ative to the Administration’s inventory of Roadless Area Conservation; Applicability to Director of the Office of Sustainable Fish- commercial activities; to the Committee on the National Forests in Idaho’’ (RIN0596– eries, National Marine Fisheries Service, De- Homeland Security and Governmental Af- AC62) received in the Office of the President partment of Commerce, transmitting, pursu- fairs. of the Senate on October 20, 2008; to the Com- ant to law, the report of a rule entitled EC–8435. A communication from the Dis- mittee on Agriculture, Nutrition, and For- ‘‘Magnuson-Stevens Fishery Conservation trict of Columbia Auditor, transmitting, pur- estry. and Management Act Provisions; Fisheries suant to law, a report entitled ‘‘Eastern Mar- EC–8446. A communication from the Regu- of the Northeastern United States; Tilefish ket Management and Oversight Continues to latory Contact, Grain Inspection, Packers Fishery’’ (RIN0648–XK42) received in the Of- Need Substantial Improvement’’; to the and Stockyards Administration, Department fice of the President of the Senate on Octo- Committee on Homeland Security and Gov- of Agriculture, transmitting, pursuant to ber 21, 2008; to the Committee on Commerce, ernmental Affairs. law, the report of a rule entitled ‘‘Swine Science, and Transportation. EC–8436. A communication from the Dis- Contractors’’ (RIN0580–AB01) received in the EC–8456. A communication from the Acting trict of Columbia Auditor, transmitting, pur- Office of the President of the Senate on Oc- Director of the Office of Sustainable Fish- suant to law, a report entitled ‘‘Audit of tober 21, 2008; to the Committee on Agri- eries, National Marine Fisheries Service, De- Public Service Commission Agency Fund for culture, Nutrition, and Forestry. partment of Commerce, transmitting, pursu- Fiscal Year 2003’’; to the Committee on EC–8447. A communication from the Under ant to law, the report of a rule entitled Homeland Security and Governmental Af- Secretary of Defense (Acquisition, Tech- ‘‘Fisheries of the Exclusive Economic Zone fairs. nology and Logistics), transmitting, pursu- Off Alaska; Northern Rockfish in the West- EC–8437. A communication from the Dis- ant to law, a report relative to a review of ern Regulatory Area of the Gulf of Alaska’’ trict of Columbia Auditor, transmitting, pur- the Armed Reconnaissance Helicopter pro- (RIN0648–XL00) received in the Office of the suant to law, a report entitled ‘‘Audit of gram; to the Committee on Armed Services. President of the Senate on October 21, 2008; Public Service Commission Agency Fund for EC–8448. A communication from the Under to the Committee on Commerce, Science, Fiscal Year 2004’’; to the Committee on Secretary of Defense (Personnel and Readi- and Transportation. Homeland Security and Governmental Af- ness), transmitting a report on the approved EC–8457. A communication from the Acting fairs. retirement of Lieutenant General Henry A. Director of the Office of Sustainable Fish- EC–8438. A communication from the Dis- Obering III, United States Air Force, and his eries, National Marine Fisheries Service, De- trict of Columbia Auditor, transmitting, pur- advancement to the grade of lieutenant gen- partment of Commerce, transmitting, pursu- suant to law, a report entitled ‘‘Letter Re- eral on the retired list; to the Committee on ant to law, the report of a rule entitled port: Examination of District of Columbia Armed Services. ‘‘Magnuson-Stevens Fishery Conservation Sports & Entertainment Commission Con- EC–8449. A communication from the Chair- and Management Act Provisions; Fisheries tracts and Expenditures for Program Man- man and President, Export-Import Bank of of the Northeastern United States; Atlantic agement, Legal, and Financial Management the United States, transmitting, pursuant to Sea Scallop Fishery; Closure of the Limited Services’’; to the Committee on Homeland law, a report relative to a transaction in- Access General Category Scallop Fishery to Security and Governmental Affairs. volving U.S. exports to Australia; to the Individual Fishing Quota Scallop Vessels’’ EC–8439. A communication from the Dis- Committee on Banking, Housing, and Urban (RIN0648–XK82) received in the Office of the trict of Columbia Auditor, transmitting, pur- Affairs. President of the Senate on October 21, 2008; suant to law, a report entitled ‘‘Auditor’s EC–8450. A communication from the Chief to the Committee on Commerce, Science, Review of the Board of Real Property Assess- Counsel, Federal Emergency Management and Transportation. ments and Appeals Operations’’; to the Com- Agency, Department of Homeland Security, EC–8458. A communication from the Acting mittee on Homeland Security and Govern- transmitting, pursuant to law, the report of Director of the Office of Sustainable Fish- mental Affairs. a rule entitled ‘‘Suspension of Community eries, National Marine Fisheries Service, De- EC–8440. A communication from the Dis- Eligibility’’ ((73 FR 56731)(Docket No. partment of Commerce, transmitting, pursu- trict of Columbia Auditor, transmitting, pur- FEMA–8043)) received in the Office of the ant to law, the report of a rule entitled suant to law, a report entitled ‘‘Letter Re- President of the Senate on October 21, 2008; ‘‘Fisheries of the Exclusive Economic Zone port: Audit of Advisory Neighborhood Com- to the Committee on Banking, Housing, and Off Alaska; Pacific Cod by Non-American mission 1C for Fiscal Years 2005 Through Urban Affairs. Fisheries Act Crab Vessels Catching Pacific 2008, as of March 31, 2008’’; to the Committee EC–8451. A communication from the Chief Cod for Processing by the Inshore Compo- on Homeland Security and Governmental Af- Counsel, Federal Emergency Management nent in the Western Regulatory Area of the fairs. Agency, Department of Homeland Security, Gulf of Alaska’’ (RIN0648–XK97) received in EC–8441. A communication from the Dis- transmitting, pursuant to law, the report of the Office of the President of the Senate on trict of Columbia Auditor, transmitting, pur- a rule entitled ‘‘Changes in Flood Elevation October 21, 2008; to the Committee on Com- suant to law, a report entitled ‘‘Letter Re- Determinations’’ ((73 FR 56737)(Docket No. merce, Science, and Transportation. port: Audit of Advisory Neighborhood Com- FEMA–B–1008)) received in the Office of the EC–8459. A communication from the Acting mission 2E for Fiscal Years 2006 Through President of the Senate on October 21, 2008; Director of the Office of Sustainable Fish- 2008, as of March 31, 2008’’; to the Committee to the Committee on Banking, Housing, and eries, National Marine Fisheries Service, De- on Homeland Security and Governmental Af- Urban Affairs. partment of Commerce, transmitting, pursu- fairs. EC–8452. A communication from the Sec- ant to law, the report of a rule entitled EC–8442. A communication from the Prin- retary of the Treasury, transmitting, pursu- ‘‘Fisheries of the Exclusive Economic Zone cipal Deputy Assistant Attorney General, Of- ant to law, a 6-month periodic report on the Off Alaska; Northern Rockfish in the West- fice of Legislative Affairs, Department of national emergency that was declared in Ex- ern Regulatory Area of the Gulf of Alaska’’ Justice, transmitting, pursuant to law, a re- ecutive Order 13067 of November 3, 1997 with (RIN0648–XL00) received in the Office of the port entitled ‘‘Report on the Security of Fed- respect to Sudan; to the Committee on President of the Senate on October 21, 2008; eral Prosecutors’’; to the Committee on the Banking, Housing, and Urban Affairs. to the Committee on Commerce, Science, Judiciary. EC–8453. A communication from the Presi- and Transportation. EC–8443. A communication from the Prin- dent of the United States, transmitting, pur- EC–8460. A communication from the Pro- cipal Deputy Assistant Attorney General, Of- suant to law, a report on the continuation of gram Analyst, Federal Aviation Administra- fice of Legislative Affairs, Department of the national emergency relative to narcotics tion, Department of Transportation, trans- Justice, transmitting, pursuant to law, a re- traffickers centered in Colombia; to the mitting, pursuant to law, the report of a rule port entitled ‘‘Report to the Nation 2007’’; to Committee on Banking, Housing, and Urban entitled ‘‘Airworthiness Directives; McDon- the Committee on the Judiciary. Affairs. nell Douglas Model MD–90–30 Airplanes’’ EC–8444. A communication from the Execu- EC–8454. A communication from the Acting ((RIN2120–AA64)(Docket No. FAA–2008–0946)) tive Director, Commodity Futures Trading Assistant Administrator for Fisheries, Na- received in the Office of the President of the Commission, transmitting, pursuant to law, tional Marine Fisheries Service, Department Senate on October 27, 2008; to the Committee the report of a rule entitled ‘‘Adjustment of of Commerce, transmitting, pursuant to law, on Commerce, Science, and Transportation. Civil Monetary Penalties for Inflation’’ the report of a rule entitled ‘‘Magnuson-Ste- EC–8461. A communication from the Pro- (RIN3038–AC13) received in the Office of the vens Act Provisions; Fisheries Off West gram Analyst, Federal Aviation Administra- President of the Senate on October 20, 2008; Coast States; Pacific Coast Groundfish Fish- tion, Department of Transportation, trans- to the Committee on Agriculture, Nutrition, ery; Biennial Specifications and Manage- mitting, pursuant to law, the report of a rule and Forestry. ment Measures; Inseason Adjustments; Cor- entitled ‘‘Airworthiness Directives; Rolls- EC–8445. A communication from the Assist- rection’’ (RIN0648–AX28) received in the Of- Royce plc RB211–524 Series Turbofan En- ant Director of the Directives and Regula- fice of the President of the Senate on Octo- gines; Correction’’ ((RIN2120–AA64)(Docket tions Branch, Forest Service, Department of ber 21, 2008; to the Committee on Commerce, No. FAA–2007–0036)) received in the Office of Agriculture, transmitting, pursuant to law, Science, and Transportation. the President of the Senate on October 27,

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24106 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 2008; to the Committee on Commerce, ‘‘Approval and Promulgation of Air Quality tober 21, 2008; to the Committee on Environ- Science, and Transportation. Implementation Plans; Virginia; Major New ment and Public Works. EC–8462. A communication from the Pro- Source Review for Nonattainment Areas’’ EC–8478. A communication from the Direc- gram Analyst, Federal Aviation Administra- ((EPA–R03–OAR–2007–0522)(FRL–8731–8)) re- tor, Regulatory Management Division, Envi- tion, Department of Transportation, trans- ceived in the Office of the President of the ronmental Protection Agency, transmitting, mitting, pursuant to law, the report of a rule Senate on October 21, 2008; to the Committee pursuant to law, the report of a rule entitled entitled ‘‘Airworthiness Directives; Boeing on Environment and Public Works. ‘‘Approval and Promulgation of Air Quality Model 747 Airplanes’’ ((RIN2120– EC–8471. A communication from the Direc- Implementation Plans; Florida; Removal of AA64)(Docket No. FAA–2008–0091)) received tor, Regulatory Management Division, Envi- Gasoline Vapor Recovery from Southeast in the Office of the President of the Senate ronmental Protection Agency, transmitting, Florida Areas; Withdrawal of Direct Final on October 27, 2008; to the Committee on pursuant to law, the report of a rule entitled Rule’’ ((EPA–R04–OAR–2007–0836– Commerce, Science, and Transportation. ‘‘Approval and Promulgation of Air Quality 200739(w))(FRL–8734–3)) received in the Office EC–8463. A communication from the Pro- Implementation Plans; Virginia; Virginia of the President of the Senate on October 21, gram Analyst, Federal Aviation Administra- Major New Source Review, Prevention of 2008; to the Committee on Environment and tion, Department of Transportation, trans- Significant Deterioration (PSD)’’ ((EPA– Public Works. mitting, pursuant to law, the report of a rule R03–OAR–2007–0521)(FRL–8731–9)) received in EC–8479. A communication from the Direc- entitled ‘‘Airworthiness Directives; Harco the Office of the President of the Senate on tor, Regulatory Management Division, Envi- Labs, Inc. Pitot/AOA Probes (Part Numbers October 21, 2008; to the Committee on Envi- ronmental Protection Agency, transmitting, 100435–39, 100435–39–001, 100435–40, and 100435– ronment and Public Works. pursuant to law, the report of a rule entitled 40–001’’ ((RIN2120–AA64)(Docket No. FAA– EC–8472. A communication from the Direc- ‘‘Emergency Planning and Community 2008–0955)) received in the Office of the Presi- tor, Regulatory Management Division, Envi- Right-to-Know Act; Amendments to Emer- dent of the Senate on October 27, 2008; to the ronmental Protection Agency, transmitting, gency Planning and Notification; Emergency Committee on Commerce, Science, and pursuant to law, the report of a rule entitled Release Notification and Hazardous Chem- Transportation. ‘‘Approval and Promulgation of Air Quality ical Reporting’’ (RIN2050–AE17) received in EC–8464. A communication from the Acting Implementation Plans; Commonwealth of the Office of the President of the Senate on Assistant Secretary, Office of Energy Effi- Pennsylvania; Reasonably Available Control October 21, 2008; to the Committee on Envi- ciency and Renewable Energy, Department Technology Requirements for Volatile Or- ronment and Public Works. of Energy, transmitting, pursuant to law, a ganic Compounds and Nitrogen Oxides’’ EC–8480. A communication from the Direc- report entitled ‘‘U.S. Department of Energy ((EPA–R03–OAR–2006–0379)(FRL–8732–3)) re- tor, Regulatory Management Division, Envi- Fleet Alternative Fuel Vehicle Acquisition ceived in the Office of the President of the ronmental Protection Agency, transmitting, Report’’; to the Committee on Energy and Senate on October 21, 2008; to the Committee pursuant to law, the report of a rule entitled Natural Resources. on Environment and Public Works. ‘‘Fort Peck Assiniboine and Sioux Tribes in EC–8465. A communication from the Acting EC–8473. A communication from the Direc- Montana; Underground Injection Control Assistant Secretary, Office of Fossil Energy, tor, Regulatory Management Division, Envi- (UIC) Program; Primacy Approval and Minor Department of Energy, transmitting, pursu- ronmental Protection Agency, transmitting, Revisions’’ ((EPA–R08–OW–2007–0153)(FRL– ant to law, a report entitled ‘‘Study on In- pursuant to law, the report of a rule entitled 8733–4)) received in the Office of the Presi- ventory of Petroleum and Natural Gas Stor- ‘‘Completeness Findings for Section 110(a) dent of the Senate on October 21, 2008; to the age’’; to the Committee on Energy and Nat- State Implementation Plans Pertaining to Committee on Environment and Public ural Resources. the Fine Particulate Matter (PM2.5) Works. EC–8466. A communication from the Gen- NAAQS’’ ((EPA–HQ–OAR–2008–0452)(FRL– EC–8481. A communication from the Direc- eral Counsel, Federal Energy Regulatory 8728–3)) received in the Office of the Presi- tor, Regulatory Management Division, Envi- Commission, transmitting, pursuant to law, dent of the Senate on October 21, 2008; to the ronmental Protection Agency, transmitting, the report of a rule entitled ‘‘Electronic Tar- Committee on Environment and Public pursuant to law, the report of a rule entitled iff Filings’’ ((Docket No. RM01–5–000)(Order Works. ‘‘MINNESOTA: Final Authorization of State No. 714)) received in the Office of the Presi- EC–8474. A communication from the Direc- Hazardous Waste Management Program Re- dent of the Senate on October 21, 2008; to the tor, Regulatory Management Division, Envi- vision’’ ((40 CFR Part 271)(FRL–8733–7)) re- Committee on Energy and Natural Re- ronmental Protection Agency, transmitting, ceived in the Office of the President of the sources. pursuant to law, the report of a rule entitled Senate on October 21, 2008; to the Committee EC–8467. A communication from the Gen- ‘‘National Ambient Air Quality Standards on Environment and Public Works. eral Counsel, Federal Energy Regulatory for Lead’’ ((EPA–HQ–OAR–2006–0735)(FRL– EC–8482. A communication from the Direc- Commission, transmitting, pursuant to law, 8732–9)) received in the Office of the Presi- tor, Regulatory Management Division, Envi- the report of a rule entitled ‘‘Ex Parte Con- dent of the Senate on October 21, 2008; to the ronmental Protection Agency, transmitting, tacts and Separation of Functions’’ ((Docket Committee on Environment and Public pursuant to law, the report of a rule entitled No. RM08–8–000)(Order No. 718)) received in Works. ‘‘Revisions to the California State Imple- the Office of the President of the Senate on EC–8475. A communication from the Direc- mentation Plan, San Diego Air Pollution October 21, 2008; to the Committee on Energy tor, Regulatory Management Division, Envi- Control District, San Joaquin Valley Air and Natural Resources. ronmental Protection Agency, transmitting, Pollution Control District, and Ventura EC–8468. A communication from the Gen- pursuant to law, the report of a rule entitled County Air Pollution Control District’’ eral Counsel, Federal Energy Regulatory ‘‘NESHAP: National Emission Standards for ((EPA–R09–OAR–2006–0869)(FRL–8721–7)) re- Commission, transmitting, pursuant to law, Hazardous Air Pollutants: Standards for ceived in the Office of the President of the the report of a rule entitled ‘‘Mandatory Re- Hazardous Waste Combustors: Reconsider- Senate on October 21, 2008; to the Committee liability Standard for Nuclear Plant Inter- ation’’ ((EPA–HQ–OAR–2004–0022)(FRL–8733– on Environment and Public Works. face Coordination’’ ((Docket No. RM08–3– 1)) received in the Office of the President of EC–8483. A communication from the Direc- 000)(Order No. 716)) received in the Office of the Senate on October 21, 2008; to the Com- tor, Office of Congressional Affairs, Nuclear the President of the Senate on October 21, mittee on Environment and Public Works. Regulatory Commission, transmitting, pur- 2008; to the Committee on Energy and Nat- EC–8476. A communication from the Direc- suant to law, the report of a rule entitled ural Resources. tor, Regulatory Management Division, Envi- ‘‘Protection of Safeguards Information’’ EC–8469. A communication from the Attor- ronmental Protection Agency, transmitting, (RIN3150–AH57) received in the Office of the ney, Office of Assistant General Counsel for pursuant to law, the report of a rule entitled President of the Senate on October 21, 2008; Legislation and Regulatory Law, Depart- ‘‘Outer Continental Shelf Air Regulations to the Committee on Environment and Pub- ment of Energy, transmitting, pursuant to Consistency Update for California’’ ((OAR– lic Works. law, the report of a rule entitled ‘‘Energy 2004–0091)(FRL–8731–5)) received in the Office EC–8484. A communication from the Chief Conservation Program for Commercial and of the President of the Senate on October 21, of the Publications and Regulations Branch, Industrial Equipment: Packaged Terminal 2008; to the Committee on Environment and Internal Revenue Service, Department of the Air Conditioner and Packaged Terminal Public Works. Treasury, transmitting, pursuant to law, the Heat Pump Energy Conservation Standards’’ EC–8477. A communication from the Direc- report of a rule entitled ‘‘Updated static (RIN1904–AB44) received in the Office of the tor, Regulatory Management Division, Envi- mortality tables for the years 2009 through President of the Senate on October 21, 2008; ronmental Protection Agency, transmitting, 2013’’ (Notice 2008–85) received in the Office of to the Committee on Energy and Natural Re- pursuant to law, the report of a rule entitled the President of the Senate on October 27, sources. ‘‘Approval and Promulgation of Air Quality 2008; to the Committee on Finance. EC–8470. A communication from the Direc- Implementation Plans; Texas; Texas Low- EC–8485. A communication from the Chief tor, Regulatory Management Division, Envi- Emission Diesel Fuel Program’’ ((EPA–R06– of the Publications and Regulations Branch, ronmental Protection Agency, transmitting, OAR–2006–0665)(FRL–8733–8)) received in the Internal Revenue Service, Department of the pursuant to law, the report of a rule entitled Office of the President of the Senate on Oc- Treasury, transmitting, pursuant to law, the

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24107 report of a rule entitled ‘‘Expanded Tem- ice, Department of Agriculture, transmit- EC–8503. A communication from the Presi- porary Rule Allowing Governmental Issuers ting, pursuant to law, the report of a rule en- dent of the United States, transmitting, pur- to Purchase Their Own Tax-Exempt Bonds’’ titled ‘‘Almonds Grown in California, Order suant to law, a notification of the continu- (Notice 2008–88) received in the Office of the Amending Marketing Order. No. 981’’ (Dock- ation of the national emergency with respect President of the Senate on October 27, 2008; et No. AO–214–A7) received in the Office of to the situation in or in relation to the to the Committee on Finance. the President of the Senate on September 8, Democratic Republic of the Congo; to the EC–8486. A communication from the Chief 2008; to the Committee on Agriculture, Nu- Committee on Banking, Housing, and Urban of the Publications and Regulations Branch, trition, and Forestry. Affairs. Internal Revenue Service, Department of the EC–8495. A communication from the Chief EC–8504. A communication from the Prin- Treasury, transmitting, pursuant to law, the of Regulatory Analysis and Development, cipal Assistant Attorney General, Office of report of a rule relative to the treatment of Animal and Plant Health Inspection Service, Legislative Affairs, Department of Justice, taxpayers receiving certain offers relating to Department of Agriculture, transmitting, transmitting, a report relative to the Na- auction rate securities (Rev. Proc. 2008–58) pursuant to law, the report of a rule entitled tional Association of Registered Agents and received in the Office of the President of the ‘‘Special Need Requests Under the Plant Pro- Brokers Reform Act of 2008; to the Com- Senate on October 27, 2008; to the Committee tection Act’’ ((RIN0579–AB98)(Docket No. mittee on Banking, Housing, and Urban Af- on Finance. APHIS–2005–0103)) received in the Office of fairs. EC–8487. A communication from the Assist- the President of the Senate on October 24, EC–8505. A communication from the Asso- ant Secretary, Office of Legislative Affairs, 2008; to the Committee on Agriculture, Nu- ciate General Counsel for Legislation and Department of State, transmitting, pursuant trition, and Forestry. Regulations, Office of Public and Indian to law, weekly reports relative to Iraq for EC–8496. A communication from the Con- Housing, Department of Housing and Urban the period of August 15, 2008, through Octo- gressional Review Coordinator, Animal and Development, transmitting, pursuant to law, ber 15, 2008; to the Committee on Foreign Re- Plant Health Inspection Service, Department the report of a rule entitled ‘‘Public Housing lations. of Agriculture, transmitting, pursuant to Operating Fund Program; Increased Terms of EC–8488. A communication from the Acting law, the report of a rule entitled ‘‘Tuber- Energy Performance Contracts’’ (RIN2577– Assistant Legal Adviser for Treaty Affairs, culosis in Cattle and Bison; State and Zone AC66) received in the Office of the President Department of State, transmitting, pursuant Designations; Minnesota’’ (Docket No. of the Senate on October 24, 2008; to the Com- to the Case-Zablocki Act, 1 U.S.C. 112b, as APHIS–2008–0117) received in the Office of the mittee on Banking, Housing, and Urban Af- amended, the report of the texts and back- President of the Senate on October 16, 2008; fairs. ground statements of international agree- to the Committee on Agriculture, Nutrition, EC–8506. A communication from the Asso- ments, other than treaties (List 2008–164— and Forestry. ciate General Counsel for Legislation and 2008–181); to the Committee on Foreign Rela- EC–8497. A communication from the Con- Regulations, Office of Housing, Department tions. gressional Review Coordinator, Animal and of Housing and Urban Development, trans- EC–8489. A communication from the Pro- Plant Health Inspection Service, Department mitting, pursuant to law, the report of a rule gram Manager, Centers for Medicare and of Agriculture, transmitting, pursuant to entitled ‘‘Mortgagee Review Board (MRB); Medicaid Services, Department of Health law, the report of a rule entitled ‘‘Trichinae Amendments to the MRB Regulations’’ and Human Services, transmitting, pursuant Certification Program’’ ((RIN0579– (RIN2510–AA01) received in the Office of the to law, the report of a rule entitled ‘‘Final AB92)(Docket No. APHIS–2006–0089)) received President of the Senate on October 24, 2008; Rules for Group Health Plans and Health In- in the Office of the President of the Senate to the Committee on Banking, Housing, and surance Issuers Under the Newborns’ and on October 16, 2008; to the Committee on Ag- Urban Affairs. Mothers’ Health Protection Act’’ (((RIN0938– riculture, Nutrition, and Forestry. EC–8507. A communication from the Assist- AI17)(RIN1210–AA63)(RIN1545–BG82))) re- EC–8498. A communication from the Con- ant to the Board, Division of Consumer and ceived in the Office of the President of the gressional Review Coordinator, Animal and Community Affairs, Board of Governors of Senate on October 21, 2008; to the Committee Plant Health Inspection Service, Department the Federal Reserve System, transmitting, on Health, Education, Labor, and Pensions. of Agriculture, transmitting, pursuant to pursuant to law, the report of a rule entitled EC–8490. A communication from the Pro- law, the report of a rule entitled ‘‘Agricul- ‘‘Home Mortgage Disclosure’’ (Docket No. R– gram Manager, Centers for Disease Control tural Bioterrorism Protection Act of 2002; 1321) received in the Office of the President and Prevention, Department of Health and Biennial Review and Republication of the of the Senate on October 24, 2008; to the Com- Human Services, transmitting, pursuant to Select Agent and Toxin List’’ ((RIN0579– mittee on Banking, Housing, and Urban Af- law, the report of a rule entitled ‘‘Posses- AC53)(Docket No. APHIS–2007–0033)) received fairs. sion, Use, and Transfer of Select Agents and in the Office of the President of the Senate EC–8508. A communication from the Assist- Toxins’’ (RIN0920–AA09) received in the Of- on October 16, 2008; to the Committee on Ag- ant to the Board, Division of Consumer and fice of the President of the Senate on Octo- riculture, Nutrition, and Forestry. Community Affairs, Board of Governors of ber 21, 2008; to the Committee on Health, EC–8499. A communication from the Direc- the Federal Reserve System, transmitting, Education, Labor, and Pensions. tor, Regulatory Management Division, Envi- pursuant to law, the report of a rule entitled EC–8491. A communication from the White ronmental Protection Agency, transmitting, ‘‘Capital Adequacy Guidelines: Treatment of House Liaison, Department of Education, pursuant to law, the report of a rule entitled Perpetual Preferred Stock Issued to the transmitting, pursuant to law, the report of ‘‘Pyrimethanil; Pesticide Tolerances’’ United States Treasury under the Emer- a vacancy in the position of Chief Financial ((EPA–HQ–OPP–2008–0609)(FRL–8384–7)) re- gency Economic Stabilization Act of 2008’’ Officer, received in the Office of the Presi- ceived in the Office of the President of the (Docket No. R–1336) received in the Office of dent of the Senate on October 20, 2008; to the Senate on October 27, 2008; to the Committee the President of the Senate on October 24, Committee on Health, Education, Labor, and on Agriculture, Nutrition, and Forestry. 2008; to the Committee on Banking, Housing, Pensions. EC–8500. A communication from the Direc- and Urban Affairs. EC–8492. A communication from the Acting tor, Regulatory Management Division, Envi- EC–8509. A communication from the Gen- General Counsel, National Indian Gaming ronmental Protection Agency, transmitting, eral Counsel, National Credit Union Admin- Commission, transmitting, pursuant to law, pursuant to law, the report of a rule entitled istration, transmitting, pursuant to law, the the report of a rule entitled ‘‘Minimum In- ‘‘Pesticide Management and Disposal; Stand- report of a rule entitled ‘‘The Official Adver- ternal Control Standards for Class II Gam- ards for Pesticide Containers and Contain- tising Statement’’ (RIN3133–AD45) received ing’’ (RIN3141–AA37) received in the Office of ment’’ ((EPA–HQ–OPP–2005–0327)(FRL–8387– in the Office of the President of the Senate the President of the Senate on October 21, 2)) received in the Office of the President of on October 16, 2008; to the Committee on 2008; to the Committee on Indian Affairs. the Senate on October 27, 2008; to the Com- Banking, Housing, and Urban Affairs. EC–8493. A communication from the Dep- mittee on Agriculture, Nutrition, and For- EC–8510. A communication from the Legal uty Chief of the Regulatory Management Di- estry. Information Assistant, Office of Thrift Su- vision, Citizenship and Immigration Serv- EC–8501. A communication from the Sec- pervision, Department of the Treasury, ices, Department of Homeland Security, retary of Agriculture, transmitting, pursu- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ant to law, a report of a violation of the a rule entitled ‘‘Optional Charter Provisions a rule entitled ‘‘Period of Admission and Ex- Antideficiency Act by the Department of Ag- in Mutual Holding Company Structures’’ tension of Stay for Canadian and Mexican riculture Forest Service; to the Committee (RIN1550–AC15) received in the Office of the Citizens Engaged in Professional Business on Appropriations. President of the Senate on October 27, 2008; Activities–TN Nonimmigrants’’ (RIN1615– EC–8502. A communication from the Sec- to the Committee on Banking, Housing, and AB64) received in the Office of the President retary of Energy, transmitting, pursuant to Urban Affairs. of the Senate on October 21, 2008; to the Com- law, a report entitled ‘‘Continued Production EC–8511. A communication from the Dep- mittee on the Judiciary. of the Naval Petroleum Reserves Beyond uty Assistant Administrator for Operations, EC–8494. A communication from the Ad- April 5, 2009’’; to the Committee on Armed Department of Commerce, transmitting, pur- ministrator, Agricultural Marketing Serv- Services. suant to law, the report of a rule entitled

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24108 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 ‘‘Endangered and Threatened Species: Final entitled ‘‘Aviation Safety Inspector Airport ((RIN2120–AA64)(Docket No. FAA–2007–28881)) Protective Regulations for Threatened Puget Access’’ (RIN2120–AJ07) received in the Office received in the Office of the President of the Sound Steelhead’’ (RIN0648–AV18) received in of the President of the Senate on October 28, Senate on October 28, 2008; to the Committee the Office of the President of the Senate on 2008; to the Committee on Commerce, on Commerce, Science, and Transportation. October 14, 2008; to the Committee on Com- Science, and Transportation. EC–8527. A communication from the Pro- merce, Science, and Transportation. EC–8520. A communication from the Pro- gram Analyst, Federal Aviation Administra- EC–8512. A communication from the Dep- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- uty Chief Financial Officer, Office of Man- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule aging Director, Federal Communications mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Rolls- Commission, transmitting, pursuant to law, entitled ‘‘Enhanced Airworthiness Program Royce plc RB211 Series Turbofan Engines’’ the report of a rule entitled ‘‘Assessment and for Airplane Systems/Fuel Tank Safety ((RIN2120–AA64)(Docket No. FAA–2007–0078)) Collection of Regulatory Fees for Fiscal (EAPAS/FTS); Technical Correction’’ received in the Office of the President of the Year 2008’’ ((MD Docket No. 08–65)(FCC 08– (RIN2120–AI31) received in the Office of the Senate on October 28, 2008; to the Committee 182)) received in the Office of the President President of the Senate on October 28, 2008; on Commerce, Science, and Transportation. of the Senate on October 14, 2008; to the Com- to the Committee on Commerce, Science, EC–8528. A communication from the Pro- mittee on Commerce, Science, and Transpor- and Transportation. gram Analyst, Federal Aviation Administra- tation. EC–8521. A communication from the Pro- tion, Department of Transportation, trans- EC–8513. A communication from the Dep- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule uty Assistant Administrator for Regulatory tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Empresa Programs, National Marine Fisheries Serv- mitting, pursuant to law, the report of a rule Brasileira de Aeronautica S.A. (EMBRAER) ice, Department of Commerce, transmitting, entitled ‘‘Reduction of Fuel Tank Flamma- Model ERJ 170 and ERJ 190 Airplanes’’ pursuant to law, the report of a rule entitled bility in Transport Category Airplanes’’ ((RIN2120–AA64)(Docket No. FAA–2008–0361)) ‘‘Taking of the Cook Inlet, Alaska, Beluga (RIN2120–AI23) received in the Office of the received in the Office of the President of the Whale Stock by Alaska Natives’’ (RIN0648– President of the Senate on October 28, 2008; Senate on October 28, 2008; to the Committee AO16) received in the Office of the President to the Committee on Commerce, Science, on Commerce, Science, and Transportation. of the Senate on October 16, 2008; to the Com- and Transportation. EC–8529. A communication from the Pro- mittee on Commerce, Science, and Transpor- EC–8522. A communication from the Pro- gram Analyst, Federal Aviation Administra- tation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–8514. A communication from the Acting tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Assistant Administrator for Fisheries, Na- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Fokker tional Marine Fisheries Service, Department entitled ‘‘Airworthiness Directives; Empresa Model F.28 Mark 0070 and Mark 0100 Air- of Commerce, transmitting, pursuant to law, Brasileira de Aeronautica S.A. (EMBRAER) planes’’ ((RIN2120–AA64)(Docket No. FAA– the report of a rule entitled ‘‘Fisheries Off Model EMB–135 Airplanes, and Model EMB– 2008–0675)) received in the Office of the Presi- West Coast States; West Coast Salmon Fish- 145, –145ER, –145MR, –145LR, –145XR, –145MP, dent of the Senate on October 28, 2008; to the eries; Amendment 14; Essential Fish Habitat and –145EP Airplanes’’ ((RIN2120– Committee on Commerce, Science, and Descriptions for Pacific Salmon’’ (RIN0648– AA64)(Docket No. FAA–2008–0642)) received Transportation. AS96) received in the Office of the President in the Office of the President of the Senate EC–8530. A communication from the Pro- of the Senate on October 24, 2008; to the Com- on October 28, 2008; to the Committee on gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- Commerce, Science, and Transportation. tion, Department of Transportation, trans- tation. EC–8523. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–8515. A communication from the Acting gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Fokker Director, Office of Sustainable Fisheries, De- tion, Department of Transportation, trans- Model F.28 Mark 0070 and 0100 Airplanes’’ partment of Commerce, transmitting, pursu- mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(Docket No. FAA–2008–0676)) ant to law, the report of a rule entitled entitled ‘‘Airworthiness Directives; Honey- received in the Office of the President of the ‘‘Fisheries of the Northeastern United well International Inc. TFE731–4, –4R, –5, Senate on October 28, 2008; to the Committee States; Atlantic Bluefish Fishery; Quota –5AR, –5BR, and –5R Series Turbofan En- on Commerce, Science, and Transportation. Transfer’’ (RIN0648–XK90) received in the Of- gines’’ ((RIN2120–AA64)(Docket No. FAA– EC–8531. A communication from the Pro- fice of the President of the Senate on Octo- 2008–0264)) received in the Office of the Presi- gram Analyst, Federal Aviation Administra- ber 24, 2008; to the Committee on Commerce, dent of the Senate on October 28, 2008; to the tion, Department of Transportation, trans- Science, and Transportation. Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule EC–8516. A communication from the Dep- Transportation. entitled ‘‘Airworthiness Directives; Bom- uty Chief Counsel for Regulations, Transpor- EC–8524. A communication from the Pro- bardier Model DHC–8–400, DHC–8–401, and tation Security Administration, Department gram Analyst, Federal Aviation Administra- DHC–8–402 Airplanes’’ ((RIN2120– of Homeland Security, transmitting, pursu- tion, Department of Transportation, trans- AA64)(Docket No. FAA–2008–0730)) received ant to law, the report of a rule entitled ‘‘Se- mitting, pursuant to law, the report of a rule in the Office of the President of the Senate cure Flight Program’’ (RIN1625–AA45) re- entitled ‘‘Airworthiness Directives; BAE on October 28, 2008; to the Committee on ceived in the Office of the President of the Systems (Operations) Limited (Jetstream) Commerce, Science, and Transportation. Senate on October 27, 2008; to the Committee Model 4101 Airplanes’’ ((RIN2120– EC–8532. A communication from the Pro- on Commerce, Science, and Transportation. AA64)(Docket No. FAA–2008–0644)) received gram Analyst, Federal Aviation Administra- EC–8517. A communication from the Pro- in the Office of the President of the Senate tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- on October 28, 2008; to the Committee on mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Lock- mitting, pursuant to law, the report of a rule EC–8525. A communication from the Pro- heed Model 382, 382B, 382E, 382F, and 382G Se- entitled ‘‘Modification of Certain Medical gram Analyst, Federal Aviation Administra- ries Airplanes’’ ((RIN2120–AA64)(Docket No. Standards and Procedures and Duration of tion, Department of Transportation, trans- FAA–2008–0638)) received in the Office of the Certain Medical Certificates’’ (RIN2120–AI91) mitting, pursuant to law, the report of a rule President of the Senate on October 28, 2008; received in the Office of the President of the entitled ‘‘Airworthiness Directives; Boeing to the Committee on Commerce, Science, Senate on October 28, 2008; to the Committee Model 747–100, 747–100B, 747–100B SUD, 747– and Transportation. on Commerce, Science, and Transportation. 200B, 747–200C, 747–300, 747–400, 747–400D, and EC–8533. A communication from the Pro- EC–8518. A communication from the Pro- 747SR Series Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- AA64)(Docket No. FAA–2007–29227)) received tion, Department of Transportation, trans- tion, Department of Transportation, trans- in the Office of the President of the Senate mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule on October 28, 2008; to the Committee on entitled ‘‘Airworthiness Directives; entitled ‘‘Modification of Certain Medical Commerce, Science, and Transportation. Turbomeca S.A. Arrius 2B1, 2B1A, 2B2, and Standards and Procedures and Duration of EC–8526. A communication from the Pro- 2K1 Turboshaft Engines’’ ((RIN2120– Certain Medical Certificates; Correcting gram Analyst, Federal Aviation Administra- AA64)(Docket No. FAA–2008–0461)) received Amendment’’ (RIN2120–AI91) received in the tion, Department of Transportation, trans- in the Office of the President of the Senate Office of the President of the Senate on Oc- mitting, pursuant to law, the report of a rule on October 28, 2008; to the Committee on tober 28, 2008; to the Committee on Com- entitled ‘‘Airworthiness Directives; McDon- Commerce, Science, and Transportation. merce, Science, and Transportation. nell Douglas Model DC–9–10, DC–9–20, DC–9– EC–8534. A communication from the Pro- EC–8519. A communication from the Pro- 30, DC–9–40, and DC–9–50 Series Airplanes, gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Equipped with a Tail Cone Evacuation Slide tion, Department of Transportation, trans- tion, Department of Transportation, trans- Container Installed in Accordance With Sup- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule plemental Type Certificate (STC) ST735SO’’ entitled ‘‘Airworthiness Directives; Boeing

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24109 Model 737–300, –400, and –500 Series Air- tion, Department of Transportation, trans- FAA–2008–0683)) received in the Office of the planes’’ ((RIN2120–AA64)(Docket No. FAA– mitting, pursuant to law, the report of a rule President of the Senate on October 28, 2008; 2008–0947)) received in the Office of the Presi- entitled ‘‘Airworthiness Directives; Bom- to the Committee on Commerce, Science, dent of the Senate on October 28, 2008; to the bardier Model CL–600–1A11 (CL–600), CL–600– and Transportation. Committee on Commerce, Science, and 2A12 (CL–601), CL–600–2B16 (CL–601–3A, CL– EC–8550. A communication from the Pro- Transportation. 601–3R, & CL–604 (Including CL–605 Mar- gram Analyst, Federal Aviation Administra- EC–8535. A communication from the Pro- keting Variant)) Airplanes, and Model CL– tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- 600–2B19 (Regional Jet Series 100 & 440) Air- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64)(Docket No. FAA– entitled ‘‘Establishment of Class D Airspace; mitting, pursuant to law, the report of a rule 2008–1096)) received in the Office of the Presi- Victoria, TX’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Airworthiness Directives; Boeing dent of the Senate on October 28, 2008; to the FAA–2008–0434)) received in the Office of the Model 737–100, –200, –200C, –300, –400, and –500 Committee on Commerce, Science, and President of the Senate on October 28, 2008; Series Airplanes’’ ((RIN2120–AA64)(Docket Transportation. to the Committee on Commerce, Science, No. FAA–2008–0149)) received in the Office of EC–8543. A communication from the Pro- and Transportation. the President of the Senate on October 28, gram Analyst, Federal Aviation Administra- EC–8551. A communication from the Pro- 2008; to the Committee on Commerce, tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Science, and Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–8536. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Model 747–400, 747–400D, and 747–400F Series entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- Airplanes’’ ((RIN2120–AA64)(Docket No. Butler, PA. Removal of Class E Airspace; mitting, pursuant to law, the report of a rule FAA–2008–0640)) received in the Office of the East Butler, PA’’ ((RIN2120–AA66)(Docket entitled ‘‘Airworthiness Directives; Hawker President of the Senate on October 28, 2008; No. FAA–2008–0836)) received in the Office of Beechcraft Corporation Model 390 Airplanes’’ to the Committee on Commerce, Science, the President of the Senate on October 28, ((RIN2120–AA64)(Docket No. FAA–2008–1067)) and Transportation. 2008; to the Committee on Commerce, received in the Office of the President of the EC–8544. A communication from the Pro- Science, and Transportation. Senate on October 28, 2008; to the Committee gram Analyst, Federal Aviation Administra- EC–8552. A communication from the Pro- on Commerce, Science, and Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–8537. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Various mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Transport Category Airplanes Equipped with entitled ‘‘Revision of and Revocation to mitting, pursuant to law, the report of a rule Auxiliary Fuel Tanks Installed in Accord- Compulsory Reporting Points; Alaska’’ entitled ‘‘Airworthiness Directives; Boeing ance with Certain Supplemental Type Cer- ((RIN2120–AA66)(Docket No. FAA–2008–0881)) Model 767–200, –300, and –400ER Series Air- tificates’’ ((RIN2120–AA64)(Docket No. FAA– received in the Office of the President of the planes’’ ((RIN2120–AA64)(Docket No. FAA– 2008–0298)) received in the Office of the Presi- Senate on October 28, 2008; to the Committee 2008–0302)) received in the Office of the Presi- dent of the Senate on October 28, 2008; to the on Commerce, Science, and Transportation. dent of the Senate on October 28, 2008; to the Committee on Commerce, Science, and EC–8553. A communication from the Pro- Committee on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Transportation. EC–8545. A communication from the Pro- tion, Department of Transportation, trans- EC–8538. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Modification of Class D Airspace; tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule MacDill AFB, FL’’ ((RIN2120–AA66)(Docket mitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class D and E Air- No. FAA–2008–0983)) received in the Office of entitled ‘‘Airworthiness Directives; Boeing space; Brunswick, ME’’ ((RIN2120– the President of the Senate on October 28, Model 737–600, –700, –700C, –800, and –900 Se- AA66)(Docket No. FAA–2008–0203)) received 2008; to the Committee on Commerce, ries Airplanes Equipped with CFM56–7 En- in the Office of the President of the Senate Science, and Transportation. gines’’ ((RIN2120–AA64)(Docket No. FAA– on October 28, 2008; to the Committee on EC–8554. A communication from the Pro- 2008–0147)) received in the Office of the Presi- Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- dent of the Senate on October 28, 2008; to the EC–8546. A communication from the Pro- tion, Department of Transportation, trans- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Transportation. tion, Department of Transportation, trans- entitled ‘‘Amendment of Class E Airspace; EC–8539. A communication from the Pro- mitting, pursuant to law, the report of a rule Black River Falls, WI; Confirmation of Effec- gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Class E Airspace; tive Date’’ ((RIN2120–AA66)(Docket No. FAA– tion, Department of Transportation, trans- Pampa, TX’’ ((RIN2120–AA66)(Docket No. 2008–0024)) received in the Office of the Presi- mitting, pursuant to law, the report of a rule FAA–2008–0610)) received in the Office of the dent of the Senate on October 28, 2008; to the entitled ‘‘Airworthiness Directives; Boeing President of the Senate on October 28, 2008; Committee on Commerce, Science, and Model 737–300, –400, and –500 Series Air- to the Committee on Commerce, Science, Transportation. planes’’ ((RIN2120–AA64)(Docket No. FAA– and Transportation. EC–8555. A communication from the Pro- 2008–0357)) received in the Office of the Presi- EC–8547. A communication from the Pro- gram Analyst, Federal Aviation Administra- dent of the Senate on October 28, 2008; to the gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Committee on Commerce, Science, and tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Transportation. mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; EC–8540. A communication from the Pro- entitled ‘‘Removal of Class E Airspace; Chi- Lexington, OK’’ ((RIN2120–AA66)(Docket No. gram Analyst, Federal Aviation Administra- cago, IL’’ ((RIN2120–AA66)(Docket No. FAA– FAA–2008–0003)) received in the Office of the tion, Department of Transportation, trans- 2008–0666)) received in the Office of the Presi- President of the Senate on October 28, 2008; mitting, pursuant to law, the report of a rule dent of the Senate on October 28, 2008; to the to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives; MD Heli- Committee on Commerce, Science, and and Transportation. copters, Inc. Model 600N Helicopters’’ Transportation. EC–8556. A communication from the Pro- ((RIN2120–AA64)(Docket No. FAA–2008–0835)) EC–8548. A communication from the Pro- gram Analyst, Federal Aviation Administra- received in the Office of the President of the gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Senate on October 28, 2008; to the Committee tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Airspace; EC–8541. A communication from the Pro- entitled ‘‘Amendment to Class E Airspace; Roanoke, VA’’ ((RIN2120–AA66)(Docket No. gram Analyst, Federal Aviation Administra- Windsor Locks, Bradley International Air- FAA–2008–0417)) received in the Office of the tion, Department of Transportation, trans- port, CT’’ ((RIN2120–AA66)(Docket No. FAA– President of the Senate on October 28, 2008; mitting, pursuant to law, the report of a rule 2008–0817)) received in the Office of the Presi- to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives; Air Trac- dent of the Senate on October 28, 2008; to the and Transportation. tor, Inc. Models AT–402, AT–402A, and AT– Committee on Commerce, Science, and EC–8557. A communication from the Pro- 402B Airplanes’’ ((RIN2120–AA64)(Docket No. Transportation. gram Analyst, Federal Aviation Administra- FAA–2008–0749)) received in the Office of the EC–8549. A communication from the Pro- tion, Department of Transportation, trans- President of the Senate on October 28, 2008; gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule to the Committee on Commerce, Science, tion, Department of Transportation, trans- entitled ‘‘Establishment of Class E Airspace; and Transportation. mitting, pursuant to law, the report of a rule Morehead, KY’’ ((RIN2120–AA66)(Docket No. EC–8542. A communication from the Pro- entitled ‘‘Establishment of Class E Airspace; FAA–2008–0809)) received in the Office of the gram Analyst, Federal Aviation Administra- Plains, TX’’ ((RIN2120–AA66)(Docket No. President of the Senate on October 28, 2008;

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24110 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 to the Committee on Commerce, Science, EC–8565. A communication from the Pro- EC–8573. A communication from the Acting and Transportation. gram Analyst, Federal Aviation Administra- Chief of Regulatory Affairs, Bureau of Land EC–8558. A communication from the Pro- tion, Department of Transportation, trans- Management, Department of the Interior, gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of tion, Department of Transportation, trans- entitled ‘‘Standard Instrument Approach a rule entitled ‘‘Update of Linear Right-of- mitting, pursuant to law, the report of a rule Procedures, and Takeoff Minimums and Ob- Way Rent Schedule’’ (RIN1004–AD87) re- entitled ‘‘Establishment of Class E Airspace; stacle Departure Procedures; Miscellaneous ceived in the Office of the President of the Dallas, GA’’ ((RIN2120–AA66)(Docket No. Amendments’’ ((RIN2120–AA65)(Docket No. Senate on October 21, 2008; to the Committee FAA–2008–1084)) received in the Office of the 30624)) received in the Office of the President on Energy and Natural Resources. President of the Senate on October 28, 2008; of the Senate on October 28, 2008; to the Com- EC–8574. A communication from the Acting to the Committee on Commerce, Science, mittee on Commerce, Science, and Transpor- Chief, Branch of Listing, Fish and Wildlife and Transportation. tation. Service, Department of the Interior, trans- EC–8559. A communication from the Pro- EC–8566. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- entitled ‘‘Endangered and Threatened Wild- tion, Department of Transportation, trans- tion, Department of Transportation, trans- life and Plants; Revised Designation of Crit- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule ical Habitat for the Wintering Population of entitled ‘‘Standard Instrument Approach entitled ‘‘Standard Instrument Approach the Piping Plover (Charadrius melodus) in Procedures, and Takeoff Minimums and Ob- Procedures, and Takeoff Minimums and Ob- North Carolina’’ (RIN1018–AU48) received in stacle Departure Procedures; Miscellaneous stacle Departure Procedures; Miscellaneous the Office of the President of the Senate on Amendments’’ ((RIN2120–AA65)(Docket No. Amendments’’ ((RIN2120–AA65)(Docket No. October 16, 2008; to the Committee on Envi- 30628)) received in the Office of the President 30627)) received in the Office of the President ronment and Public Works. of the Senate on October 28, 2008; to the Com- of the Senate on October 28, 2008; to the Com- EC–8575. A communication from the Assist- mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- ant Secretary for Export Administration, tation. tation. Bureau of Industry and Security, Depart- EC–8567. A communication from the Pro- EC–8560. A communication from the Pro- ment of Commerce, transmitting, pursuant gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- to law, the report of a rule entitled ‘‘Addi- tion, Department of Transportation, trans- tion, Department of Transportation, trans- tional Protocol Regulations’’ (RIN0694–AD26) mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule received in the Office of the President of the entitled ‘‘Standard Instrument Approach entitled ‘‘Standard Instrument Approach Senate on October 24, 2008; to the Committee Procedures, and Takeoff Minimums and Ob- Procedures, and Takeoff Minimums and Ob- on Environment and Public Works. stacle Departure Procedures; Miscellaneous stacle Departure Procedures; Miscellaneous EC–8576. A communication from the Direc- Amendments’’ ((RIN2120–AA65)(Docket No. Amendments’’ ((RIN2120–AA65)(Docket No. tor, Regulatory Management Division, Envi- 30630)) received in the Office of the President 30631)) received in the Office of the President ronmental Protection Agency, transmitting, of the Senate on October 28, 2008; to the Com- of the Senate on October 28, 2008; to the Com- pursuant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- ‘‘Final Authorizations of State-initiated tation. tation. EC–8568. A communication from the Regu- Changes and Incorporation by Reference of EC–8561. A communication from the Pro- lations Officer, Federal Highway Adminis- State Hazardous Waste Management Pro- gram Analyst, Federal Aviation Administra- tration, Department of Transportation, gram’’ ((EPA–R06–RCRA–2008–0144)(FRL– tion, Department of Transportation, trans- transmitting, pursuant to law, the report of 8727–3)) received in the Office of the Presi- mitting, pursuant to law, the report of a rule a rule entitled ‘‘Projects of National and Re- dent of the Senate on October 27, 2008; to the entitled ‘‘Standard Instrument Approach gional Significance Evaluation and Rating’’ Committee on Environment and Public Procedures, and Takeoff Minimums and Ob- (RIN2125–AF08) received in the Office of the Works. stacle Departure Procedures; Miscellaneous President of the Senate on October 28, 2008; EC–8577. A communication from the Direc- Amendments’’ ((RIN2120–AA65)(Docket No. to the Committee on Commerce, Science, tor, Regulatory Management Division, Envi- 30629)) received in the Office of the President and Transportation. ronmental Protection Agency, transmitting, of the Senate on October 28, 2008; to the Com- EC–8569. A communication from the Senior pursuant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- Attorney Advisor, Federal Railroad Adminis- ‘‘New Mexico: Incorporation by Reference of tation. tration, Department of Transportation, Approved State Hazardous Waste Manage- EC–8562. A communication from the Pro- transmitting, pursuant to law, the report of ment Program’’ ((EPA–R06–RCRA–2008– gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Implementation of Program 0753)(FRL–8729–6)) received in the Office of tion, Department of Transportation, trans- for Capital Grants for Rail Line Relocation the President of the Senate on October 27, mitting, pursuant to law, the report of a rule and Improvement Projects’’ (RIN2130–AB74) 2008; to the Committee on Environment and entitled ‘‘Standard Instrument Approach received in the Office of the President of the Public Works. Procedures, and Takeoff Minimums and Ob- Senate on October 28, 2008; to the Committee EC–8578. A communication from the Direc- stacle Departure Procedures; Miscellaneous on Commerce, Science, and Transportation. tor, Regulatory Management Division, Envi- Amendments’’ ((RIN2120–AA65)(Docket No. EC–8570. A communication from the Staff ronmental Protection Agency, transmitting, 30632)) received in the Office of the President Assistant, National Highway Traffic Safety pursuant to law, the report of a rule entitled of the Senate on October 28, 2008; to the Com- Administration, Department of Transpor- ‘‘Approval and Promulgation of Air Quality mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- Implementation Plans; Virginia; Movement tation. port of a rule entitled ‘‘Federal Motor Vehi- of Richmond and Hampton Roads 8-Hour EC–8563. A communication from the Pro- cle Safety Standards; Designated Seating Ozone Areas from the Nonattainment Area gram Analyst, Federal Aviation Administra- Positions and Seat Belt Assembly Anchor- List to the Maintenance Area List’’ ((EPA– tion, Department of Transportation, trans- ages’’ (RIN2127–AI94) received in the Office of R03–OAR–2008–0656)(FRL–8735–4)) received in mitting, pursuant to law, the report of a rule the President of the Senate on October 28, the Office of the President of the Senate on entitled ‘‘Standard Instrument Approach 2008; to the Committee on Commerce, October 27, 2008; to the Committee on Envi- Procedures, and Takeoff Minimums and Ob- Science, and Transportation. ronment and Public Works. stacle Departure Procedures; Miscellaneous EC–8571. A communication from the Alter- EC–8579. A communication from the Direc- Amendments’’ ((RIN2120–AA65)(Docket No. nate Liaison of Federal Register Publica- tor, Regulatory Management Division, Envi- 30621)) received in the Office of the President tions, Pipeline and Hazardous Materials ronmental Protection Agency, transmitting, of the Senate on October 28, 2008; to the Com- Safety Administration, Department of pursuant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to ‘‘Approval and Promulgation of Air Quality tation. law, the report of a rule entitled ‘‘Pipeline Implementation Plans; Illinois’’ ((EPA–R05– EC–8564. A communication from the Pro- Safety: Standards for Increasing the Max- OAR–2008–0198)(FRL–8722–9)) received in the gram Analyst, Federal Aviation Administra- imum Allowable Operating Pressure for Gas Office of the President of the Senate on Oc- tion, Department of Transportation, trans- Transmission Pipelines’’ (RIN2137–AE25) re- tober 27, 2008; to the Committee on Environ- mitting, pursuant to law, the report of a rule ceived in the Office of the President of the ment and Public Works. entitled ‘‘Standard Instrument Approach Senate on October 28, 2008; to the Committee EC–8580. A communication from the Direc- Procedures, and Takeoff Minimums and Ob- on Commerce, Science, and Transportation. tor, Regulatory Management Division, Envi- stacle Departure Procedures; Miscellaneous EC–8572. A communication from the Direc- ronmental Protection Agency, transmitting, Amendments’’ ((RIN2120–AA65)(Docket No. tor, Office of Civilian Radioactive Waste pursuant to law, the report of a rule entitled 30620)) received in the Office of the President Management, Department of Energy, trans- ‘‘Approval and Promulgation of Air Quality of the Senate on October 28, 2008; to the Com- mitting, pursuant to law, the Office’s 2007 Implementation Plans; West Virginia; Re- mittee on Commerce, Science, and Transpor- Annual Report to Congress; to the Com- vised Motor Vehicle Emission Budgets for tation. mittee on Energy and Natural Resources. the Parkersburg 8-Hour Ozone Maintenance

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24111 Area’’ ((EPA–R03–OAR–2008–0746)(FRL–8735– ment Act (Public Law 110–369), the required Commission, transmitting, pursuant to law, 7)) received in the Office of the President of certifications and a Memorandum of Jus- a report of the Commission’s updated Stra- the Senate on October 27, 2008; to the Com- tification regarding those certifications; to tegic Plan for 2009–2014; to the Committee on mittee on Environment and Public Works. the Committee on Foreign Relations. Health, Education, Labor, and Pensions. EC–8581. A communication from the Direc- EC–8589. A communication from the Under EC–8600. A communication from the Chief tor, Regulatory Management Division, Envi- Secretary of State for Political Affairs, of the Publications and Regulations Branch, ronmental Protection Agency, transmitting, transmitting, pursuant to law, a report rel- Internal Revenue Service, Department of the pursuant to law, the report of a rule entitled ative to current measures that are being or Treasury, transmitting, pursuant to law, the ‘‘Carbaryl; Order Denying NRDC’s Petition have been undertaken to complete the mis- report of a rule entitled ‘‘Final Rules for to Revoke Tolerances’’ ((EPA–HQ–OPP–2008– sion in Iraq successfully; to the Committee Group Health Plans and Health Insurance 0347)(FRL–8388–1)) received in the Office of on Foreign Relations. Issuers Under the Newborns’ and Mothers’ the President of the Senate on October 27, EC–8590. A communication from the Assist- Health Protection Act’’ (((RIN1545– 2008; to the Committee on Environment and ant Secretary, Office of Legislative Affairs, BG82)(RIN1210–AA63)(RIN0938–AI17))) re- Public Works. Department of State, transmitting, pursuant ceived in the Office of the President of the EC–8582. A communication from the Chief to law, a report relative to loan guarantees Senate on October 21, 2008; to the Committee of the Publications and Regulations Branch, to Israel; to the Committee on Foreign Rela- on Health, Education, Labor, and Pensions. EC–8601. A communication from the Assist- Internal Revenue Service, Department of the tions. ant General Counsel for Regulatory Services, Treasury, transmitting, pursuant to law, the EC–8591. A communication from the Prin- Office of Elementary and Secondary Edu- report of a rule entitled ‘‘Application of Sec- cipal Deputy Assistant Attorney General, Of- cation, Department of Education, transmit- tion 382 To Loss Corporations Whose Instru- fice of Legislative Affairs, Department of ting, pursuant to law, the report of a rule en- ments Are Acquired By The Treasury De- Justice, transmitting, pursuant to law, a re- titled ‘‘Title I—Improving The Academic partment Under The Capital Purchase Pro- port of the Attorney General relative to the Achievement Of The Disadvantaged’’ gram Pursuant To The Emergency Economic administration of the Foreign Agents Reg- (RIN1810–AB01) received in the Office of the Stabilization Act Of 2008’’ (Notice 2008–100) istration Act for the six months ending De- President of the Senate on October 24, 2008; received in the Office of the President of the cember 31, 2007; to the Committee on Foreign to the Committee on Health, Education, Senate on October 21, 2008; to the Committee Relations. Labor, and Pensions. on Finance. EC–8592. A communication from the Assist- EC–8602. A communication from the Assist- EC–8583. A communication from the Chief ant Secretary, Office of Legislative Affairs, ant Secretary, Employee Benefits Security of the Publications and Regulations Branch, Department of State, transmitting, pursuant Administration, Department of Labor, trans- Internal Revenue Service, Department of the to law, the report of a vacancy, designation mitting, pursuant to law, the report of a rule Treasury, transmitting, pursuant to law, the of an acting officer, nomination, and action entitled ‘‘Final Rules for Group Health Plans report of a rule entitled ‘‘Section 1367 Re- on nomination in the position of Assistant and Health Insurance Issuers Under the garding Open Account Debt’’ (RIN1545–BD72) Secretary of State for International Organi- Newborns’ and Mothers’ Health Protection received in the Office of the President of the zation Affairs, received in the Office of the Act’’ (RIN1210–AA63) received in the Office of Senate on October 21, 2008; to the Committee President of the Senate on October 24, 2008; the President of the Senate on October 24, on Finance. to the Committee on Foreign Relations. 2008; to the Committee on Health, Education, EC–8584. A communication from the Chief EC–8593. A communication from the Assist- Labor, and Pensions. of the Publications and Regulations Branch, ant Secretary, Office of Legislative Affairs, EC–8603. A communication from the Chair- Internal Revenue Service, Department of the Department of State, transmitting, pursuant man and Chief Judge, Employees’ Compensa- Treasury, transmitting, pursuant to law, the to law, the report of a vacancy, designation tion Appeals Board, Department of Labor, report of a rule entitled ‘‘Proposed Amend- of an acting officer, nomination, and action transmitting, pursuant to law, the report of ments to Qualified Intermediary With- on nomination in the position of Assistant a rule entitled ‘‘Rules of Procedure’’ holding Agreement and to Audit Guidance Secretary of State for Legislative Affairs, re- (RIN1290–AA22) received in the Office of the for External Auditors of Qualified Inter- ceived in the Office of the President of the President of the Senate on October 24, 2008; mediaries’’ (Announcement 2008–98) received Senate on October 24, 2008; to the Committee to the Committee on Health, Education, in the Office of the President of the Senate on Foreign Relations. Labor, and Pensions. on October 21, 2008; to the Committee on Fi- EC–8594. A communication from the Assist- EC–8604. A communication from the In- nance. ant Legal Adviser for Treaty Affairs, Depart- spector General, Consumer Product Safety EC–8585. A communication from the Chief ment of State, transmitting, pursuant to the Commission, transmitting, pursuant to law, of the Publications and Regulations Branch, Case-Zablocki Act, 1 U.S.C. 112b, as amended, a report entitled ‘‘Consumer Product Safety Internal Revenue Service, Department of the the report of the texts and background state- Improvement Act Report to Congress’’; to Treasury, transmitting, pursuant to law, the ments of international agreements, other the Committee on Homeland Security and report of a rule entitled ‘‘Treatment of Pay- than treaties (List 2008–182–2008–191); to the Governmental Affairs. ments in Lieu of Taxes Under Section 141’’ Committee on Foreign Relations. EC–8605. A communication from the Chair- (RIN1545–BF87) received in the Office of the EC–8595. A communication from the Assist- man, U.S. Merit Systems Protection Board, President of the Senate on October 24, 2008; ant Secretary, Office of Legislative Affairs, transmitting, pursuant to law, a report enti- to the Committee on Finance. Department of State, transmitting, pursuant tled ‘‘Alternative Discipline: Creative Solu- EC–8586. A communication from the Regu- to the Arms Export Control Act, the notifi- tions for Agencies to Effectively Address lations Officer and Deputy Director of the cation of the proposed removal from the U.S. Misconduct’’; to the Committee on Home- Office of Regulations, Social Security Ad- Munitions List of a portable air sampler; to land Security and Governmental Affairs. EC–8606. A communication from the Officer ministration, transmitting, pursuant to law, the Committee on Foreign Relations. for Civil Rights and Civil Liberties, Depart- the report of a rule entitled ‘‘Technical EC–8596. A communication from the Assist- ment of Homeland Security, transmitting, Amendments to Definition of Persons Close- ant Secretary, Office of Legislative Affairs, pursuant to law, a report relative to the im- ly Approaching Retirement Age’’ (RIN0960– Department of State, transmitting, pursuant plementation of the recommendations of the AG68) received in the Office of the President to the Arms Export Control Act, the notifi- 9/11 Commission for the period from January of the Senate on October 24, 2008; to the Com- cation of the proposed removal from the U.S. 1, 2008, to March 31, 2008; to the Committee mittee on Finance. Munitions List of a blower and heat ex- on Homeland Security and Governmental Af- EC–8587. A communication from the Chief changer; to the Committee on Foreign Rela- fairs. of the Trade and Commercial Regulations tions. EC–8607. A communication from the Ad- Branch, Customs and Border Protection, De- EC–8597. A communication from the Assist- ministrator, Federal Emergency Manage- partment of Homeland Security, transmit- ant Secretary, Office of Legislative Affairs, ment Agency, Department of Homeland Se- ting, pursuant to law, the report of a rule en- Department of State, transmitting, pursuant curity, transmitting, pursuant to law, a re- titled ‘‘Technical Corrections Relating to to the Arms Export Control Act, the notifi- port relative to the cost of response and re- the Rules of Origin for Goods Imported cation of the proposed removal from the U.S. covery efforts for FEMA–3288–EM in the Under the NAFTA and for Textile and Ap- Munitions List of visible blackout lights; to State of Florida has exceeded the $5,000,000 parel Products’’ (CBP Dec. 08–42) received in the Committee on Foreign Relations. limit for a single emergency declaration; to the Office of the President of the Senate on EC–8598. A communication from the Sec- the Committee on Homeland Security and October 27, 2008; to the Committee on Fi- retary of Health and Human Services, trans- Governmental Affairs. nance. mitting, pursuant to law, a financial report EC–8608. A communication from the Ad- EC–8588. A communication from the Presi- relative to the Animal Drug User Fee Act for ministrator, Federal Emergency Manage- dent of the United States, transmitting, pur- fiscal year 2007; to the Committee on Health, ment Agency, Department of Homeland Se- suant to section 102(c) and section 204(a) of Education, Labor, and Pensions. curity, transmitting, pursuant to law, a re- the United States-India Nuclear Cooperation EC–8599. A communication from the Chair- port relative to the cost of response and re- Approval and Non-proliferation Enhance- man, Occupational Safety and Health Review covery efforts for FEMA–3295–EM in the

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24112 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 State of Louisiana has exceeded the $5,000,000 EC–8618. A communication from the Gen- Investment Company Act and Filings Made limit for a single emergency declaration; to eral Counsel, Office of the Business Develop- Pursuant to Regulation E’’ (RIN3235–AJ81) the Committee on Homeland Security and ment, Small Business Administration, trans- received in the Office of the President of the Governmental Affairs. mitting, pursuant to law, the report of a rule Senate on October 31, 2008; to the Committee EC–8609. A communication from the Chair- entitled ‘‘Small Disadvantaged Business Pro- on Banking, Housing, and Urban Affairs. man, Federal Energy Regulatory Commis- gram’’ (RIN3245–AF79) received in the Office EC–8628. A communication from the Chief sion, transmitting, pursuant to law, a report of the President of the Senate on October 24, of Staff, Media Bureau, Federal Communica- relative to the Commission’s Inventory of 2008; to the Committee on Small Business tions Commission, transmitting, pursuant to Commercial and Inherently Governmental and Entrepreneurship. law, the report of a rule entitled ‘‘Amend- Activities for fiscal year 2008; to the Com- EC–8619. A communication from the Gen- ment of Section 73.202(b), Table of Allot- mittee on Homeland Security and Govern- eral Counsel, Office of the Business Develop- ments, FM Broadcast Stations; Antlers and mental Affairs. ment, Small Business Administration, trans- Hugo, Oklahoma, and Hico, Texas’’ ((MB EC–8610. A communication from the Chief mitting, pursuant to law, the report of a rule Docket No. 07–182)(MB Docket No. 07–194)) re- Counsel, Federal Emergency Management entitled ‘‘The Women-Owned Small Business ceived in the Office of the President of the Agency, Department of Homeland Security, Federal Contract Assistance Procedures’’ Senate on October 31, 2008; to the Committee transmitting, pursuant to law, the report of (RIN3245–AF40) received in the Office of the on Commerce, Science, and Transportation. a rule entitled ‘‘Suspension of Community President of the Senate on October 24, 2008; EC–8629. A communication from the Chief Eligibility’’ (Docket No. FEMA–8045) re- to the Committee on Small Business and En- of Staff, Media Bureau, Federal Communica- ceived in the Office of the President of the trepreneurship. tions Commission, transmitting, pursuant to Senate on October 24, 2008; to the Committee EC–8620. A communication from the Prin- law, the report of a rule entitled ‘‘Amend- on Homeland Security and Governmental Af- cipal Deputy, Office of the Under Secretary ment of Section 73.202(b), Table of Allot- fairs. of Defense (Personnel and Readiness), trans- ments, FM Broadcast Stations; Elko, Ne- EC–8611. A communication from the Acting mitting the report of (14) officers authorized vada’’ (MB Docket No. 07–281) received in the General Counsel, National Indian Gaming to wear the insignia of the next higher grade Office of the President of the Senate on Oc- Commission, transmitting, pursuant to law, of major general in accordance with title 10, tober 31, 2008; to the Committee on Com- the report of a rule entitled ‘‘Technical United States Code, section 777; to the Com- merce, Science, and Transportation. Standards for Electronic, Computer, or mittee on Armed Services. EC–8630. A communication from the Chief Other Technologic Aids Used in the Play of EC–8621. A communication from the Sec- of Staff, Media Bureau, Federal Communica- Class II Games’’ (RIN3141–AA29) received in retary of Defense, transmitting a report on tions Commission, transmitting, pursuant to the Office of the President of the Senate on the approved retirement of Major General law, the report of a rule entitled ‘‘Amend- October 24, 2008; to the Committee on Indian Michael A. Hamel, United States Air Force, ment of Section 73.202(b), Table of Allot- Affairs. and his advancement to the grade of lieuten- ments, FM Broadcast Stations; Waldport, EC–8612. A communication from the Prin- ant general on the retired list; to the Com- Dallas, and Monmouth, Oregon’’ (MB Docket cipal Deputy Assistant Attorney General, Of- mittee on Armed Services. No. 07–124) received in the Office of the Presi- fice of Legislative Affairs, Department of EC–8622. A communication from the Presi- dent of the Senate on October 31, 2008; to the Justice, transmitting, pursuant to law, a re- dent of the United States, transmitting, pur- Committee on Commerce, Science, and port entitled ‘‘International Terrorism Vic- suant to law, a notification of the continu- Transportation. tim Expense Reimbursement Program Re- ation of the national emergency with respect EC–8631. A communication from the Chief port to Congress 2008’’; to the Committee on to the situation in or in relation to Sudan; to of Staff, Media Bureau, Federal Communica- the Judiciary. the Committee on Banking, Housing, and tions Commission, transmitting, pursuant to EC–8613. A communication from the Direc- Urban Affairs. law, the report of a rule entitled ‘‘Amend- tor, Administrative Office of the United EC–8623. A communication from the Chief ment of Section 73.202(b), Table of Allot- States Courts, transmitting, pursuant to Counsel, Federal Emergency Management ments, FM Broadcast Stations; Tecopa, Cali- law, a report on compliance by the United Agency, Department of Homeland Security, fornia’’ (MB Docket No. 07–226) received in States courts of appeals and district courts transmitting, pursuant to law, the report of the Office of the President of the Senate on with the time limitations established for de- a rule entitled ‘‘Final Flood Elevation Deter- October 31, 2008; to the Committee on Com- ciding habeas corpus death penalty petitions minations’’ ((44 CFR Part 67)(73 FR 60162)) re- merce, Science, and Transportation. under Title 1 of the Antiterrorism and Effec- ceived in the Office of the President of the EC–8632. A communication from the Chief tive Death Penalty Act of 1996; to the Com- Senate on October 24, 2008; to the Committee of Staff, Media Bureau, Federal Communica- mittee on the Judiciary. on Banking, Housing, and Urban Affairs. tions Commission, transmitting, pursuant to EC–8614. A communication from the Indus- EC–8624. A communication from the Chief law, the report of a rule entitled ‘‘Amend- try Operations Specialist, Bureau of Alcohol, Counsel, Federal Emergency Management ment of Section 73.202(b), Table of Allot- Tobacco, Firearms and Explosives, Depart- Agency, Department of Homeland Security, ments, FM Broadcast Stations; Butte Falls ment of Justice, transmitting, pursuant to transmitting, pursuant to law, the report of and Netarts, Oregon’’ (MB Docket No. 07–210) law, the report of a rule entitled ‘‘Technical a rule entitled ‘‘Changes in Flood Elevation received in the Office of the President of the Amendments to Regulations in Title 27, Determinations’’ ((44 CFR Part 65)(73 FR Senate on October 31, 2008; to the Committee Chapter II (2006R–6P)’’ (RIN1140–AA32) re- 60159)) received in the Office of the President on Commerce, Science, and Transportation. ceived in the Office of the President of the of the Senate on October 24, 2008; to the Com- EC–8633. A communication from the Chief Senate on October 16, 2008; to the Committee mittee on Banking, Housing, and Urban Af- of Staff, Media Bureau, Federal Communica- on the Judiciary. fairs. tions Commission, transmitting, pursuant to EC–8615. A communication from the Assist- EC–8625. A communication from the Direc- law, the report of a rule entitled ‘‘Amend- ant Secretary, Office of Legislative Affairs, tor, Office of Legal Affairs, Federal Deposit ment of Section 73.622(i), Final DTV Table of Department of State, transmitting, pursuant Insurance Corporation, transmitting, pursu- Allotments, Television Broadcast Stations; to law, the report of a rule entitled ant to law, the report of a rule entitled ‘‘De- Bainbridge, Georgia’’ (MB Docket No. 08–139) ‘‘Uncertified Foreign Health-Care Workers’’ posit Insurance Regulations; Revocable received in the Office of the President of the (RIN1400–AB68) received in the Office of the Trust Accounts’’ (RIN3064–AD33) received in Senate on October 31, 2008; to the Committee President of the Senate on October 24, 2008; the Office of the President of the Senate on on Commerce, Science, and Transportation. to the Committee on the Judiciary. October 31, 2008; to the Committee on Bank- EC–8634. A communication from the Chief EC–8616. A communication from the Dep- ing, Housing, and Urban Affairs. of Staff, Media Bureau, Federal Communica- uty White House Liaison, Department of EC–8626. A communication from the Gen- tions Commission, transmitting, pursuant to Justice, transmitting, pursuant to law, the eral Counsel, National Credit Union Admin- law, the report of a rule entitled ‘‘Amend- report of a vacancy in the position of United istration, transmitting, pursuant to law, the ment of Section 73.622(i), Final DTV Table of States Attorney for the District of Kansas, report of a rule entitled ‘‘Revisions for the Allotments, Television Broadcast Stations; received in the Office of the President of the Freedom of Information Act and Privacy Act Honolulu, Hawaii’’ (MB Docket No. 08–155) Senate on October 24, 2008; to the Committee Regulations’’ (RIN3133–AD44) received in the received in the Office of the President of the on the Judiciary. Office of the President of the Senate on Oc- Senate on October 31, 2008; to the Committee EC–8617. A communication from the Dep- tober 31, 2008; to the Committee on Banking, on Commerce, Science, and Transportation. uty White House Liaison, Department of Housing, and Urban Affairs. EC–8635. A communication from the Chief Justice, transmitting, pursuant to law, the EC–8627. A communication from the Acting of Staff, Media Bureau, Federal Communica- report of a vacancy in the position of United Secretary, Division of Investment Manage- tions Commission, transmitting, pursuant to States Attorney for the District of the Vir- ment, Securities and Exchange Commission, law, the report of a rule entitled ‘‘Amend- gin Islands, received in the Office of the transmitting, pursuant to law, the report of ment of Section 73.622(i), Final DTV Table of President of the Senate on October 24, 2008; a rule entitled ‘‘Mandatory Electronic Sub- Allotments, Television Broadcast Stations; to the Committee on the Judiciary. mission of Applications for Orders under the Fort Worth, Texas’’ (MB Docket No. 08–148)

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24113 received in the Office of the President of the Implementation Plans; Virginia; Emission Provider and Supplier Termination Policy Senate on October 31, 2008; to the Committee Reductions from Large Stationary Internal Medicare and Medicaid Programs: Changes on Commerce, Science, and Transportation. Combustion Engines and Large Cement to Ambulatory Surgical Center’’ (((RIN0938– EC–8636. A communication from the Chief Kilns’’ ((EPA–R03–OAR–2007–0382)(FRL–8735– AP17)(RIN0938–AL80)(RIN0938–AH17))) re- of Staff, Media Bureau, Federal Communica- 6)) received in the Office of the President of ceived in the Office of the President of the tions Commission, transmitting, pursuant to the Senate on October 31, 2008; to the Com- Senate on October 31, 2008; to the Committee law, the report of a rule entitled ‘‘Amend- mittee on Environment and Public Works. on Finance. ment of Section 73.622(i), Final DTV Table of EC–8644. A communication from the Direc- EC–8651. A communication from the White Allotments, Television Broadcast Stations; tor, Regulatory Management Division, Envi- House Liaison, Department of Education, La Crosse, Wisconsin’’ (MB Docket No. 08– ronmental Protection Agency, transmitting, transmitting, pursuant to law, the report of 156) received in the Office of the President of pursuant to law, the report of a rule entitled a vacancy and designation of an acting offi- the Senate on October 31, 2008; to the Com- ‘‘Navajo Nation; Underground Injection Con- cer in the position of Commissioner, Na- mittee on Commerce, Science, and Transpor- trol (UIC) Program; Primacy Approval’’ tional Center for Education Statistics, re- tation. ((EPA–R09–OW–2007–0248)(FRL–8734–5)) re- ceived in the Office of the President of the EC–8637. A communication from the Chief ceived in the Office of the President of the Senate on October 31, 2008; to the Committee of Staff, Media Bureau, Federal Communica- Senate on October 31, 2008; to the Committee on Health, Education, Labor, and Pensions. tions Commission, transmitting, pursuant to on Environment and Public Works. EC–8652. A communication from the Sec- law, the report of a rule entitled ‘‘DTV Con- EC–8645. A communication from the Direc- retary and Director, Office of Secretary and sumer Education Initiative’’ (MB Docket No. tor, Regulatory Management Division, Envi- Administration, Postal Regulatory Commis- 07–148) received in the Office of the President ronmental Protection Agency, transmitting, sion, the report of a nomination for the posi- of the Senate on October 31, 2008; to the Com- pursuant to law, the report of a rule entitled tion of Commissioner, received in the Office mittee on Commerce, Science, and Transpor- ‘‘Outer Continental Shelf Air Regulations of the President of the Senate on October 31, tation. Update to Include New Jersey State Require- 2008; to the Committee on Health, Education, EC–8638. A communication from the Chief ments’’ ((EPA–R02–OAR–2008–0308)(FRL–8731– Labor, and Pensions. of Staff, Media Bureau, Federal Communica- 2)) received in the Office of the President of EC–8653. A communication from the Staff tions Commission, transmitting, pursuant to the Senate on October 31, 2008; to the Com- Director, U.S. Commission on Civil Rights, law, the report of a rule entitled ‘‘Amend- mittee on Environment and Public Works. transmitting, pursuant to law, a report to ment of Section 73.622(i), Final DTV Table of EC–8646. A communication from the Direc- relative to the North Carolina Advisory Allotments, Television Broadcast Stations; tor, Regulatory Management Division, Envi- Committee; to the Committee on the Judici- Stuart, Florida’’ (MB Docket No. 08–147) re- ronmental Protection Agency, transmitting, ary. ceived in the Office of the President of the pursuant to law, the report of a rule entitled EC–8654. A communication from the Rules Senate on October 31, 2008; to the Committee ‘‘Stay of the Effectiveness of Requirements Administrator, Office of General Counsel, on Commerce, Science, and Transportation. for Air Emission Testing Bodies’’ ((EPA–HQ– Federal Bureau of Prisons, transmitting, EC–8639. A communication from the Dep- OAR–2008–0800)(FRL–8737–5)) received in the pursuant to law, the report of a rule entitled uty Chief, Consumer and Governmental Af- Office of the President of the Senate on Oc- ‘‘Pre-Release Community Confinement’’ fairs Bureau, Federal Communications Com- tober 31, 2008; to the Committee on Environ- (RIN1120–AB51) received in the Office of the mission, transmitting, pursuant to law, the ment and Public Works. President of the Senate on October 31, 2008; report of a rule entitled ‘‘Rules and Regula- EC–8647. A communication from the Chief to the Committee on the Judiciary. tions Implementing the Telephone and Con- of the Publications and Regulations Branch, EC–8655. A communication from the Dep- sumer Protection Act of 1991; Junk Fax Pre- Internal Revenue Service, Department of the uty White House Liaison, Department of vention Act of 2005’’ ((CG Docket No. 02– Treasury, transmitting, pursuant to law, the Justice, transmitting, pursuant to law, the 278)(CG Docket No. 05–338)) received in the report of a rule entitled ‘‘2009 Limitations report of a vacancy and designation of an Office of the President of the Senate on Oc- Adjusted As Provided in Section 415(d), etc.’’ acting officer in the position of Director, Bu- tober 31, 2008; to the Committee on Com- (Notice 2008–102) received in the Office of the reau of Justice Statistics, received in the Of- merce, Science, and Transportation. President of the Senate on October 28, 2008; fice of the President of the Senate on Octo- EC–8640. A communication from the Acting to the Committee on Finance. ber 31, 2008; to the Committee on the Judici- Director of the Office of Sustainable Fish- EC–8648. A communication from the Chief ary. eries, National Marine Fisheries Service, De- of the Publications and Regulations Branch, EC–8656. A communication from the Dep- partment of Commerce, transmitting, pursu- Internal Revenue Service, Department of the uty White House Liaison, Department of ant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the Justice, transmitting, pursuant to law, the ‘‘Fisheries of the Exclusive Economic Zone report of a rule entitled ‘‘2008 Marginal Pro- report of action on nomination in the posi- Off Alaska; Pollock in Statistical Area 610 in duction Rates’’ (Notice 2008–89) received in tion of Assistant Attorney General, Office of the Gulf of Alaska; Closure’’ (RIN0648–XL08) the Office of the President of the Senate on Justice Programs, received in the Office of received in the Office of the President of the October 31, 2008; to the Committee on Fi- the President of the Senate on October 31, Senate on October 31, 2008; to the Committee nance. 2008; to the Committee on the Judiciary. on Commerce, Science, and Transportation. EC–8649. A communication from the Pro- EC–8657. A communication from the Dep- EC–8641. A communication from the Acting gram Manager, Centers for Medicare and uty White House Liaison, Department of Director of the Office of Sustainable Fish- Medicaid Services, Department of Health Justice, transmitting, pursuant to law, the eries, National Marine Fisheries Service, De- and Human Services, transmitting, pursuant report of action on nomination in the posi- partment of Commerce, transmitting, pursu- to law, the report of a rule entitled ‘‘Medi- tion of Solicitor General, received in the Of- ant to law, the report of a rule entitled care Programs; Payment Policies Under the fice of the President of the Senate on Octo- ‘‘Fisheries of the Exclusive Economic Zone Physician Fee Schedule and Other Revisions ber 31, 2008; to the Committee on the Judici- Off Alaska; Pollock in Statistical Area 610 in to Part B for CY 2009; E–Prescribing Exemp- ary. the Gulf of Alaska; Modification of a Clo- tion for Computer-Generated Facsimile EC–8658. A communication from the Dep- sure’’ (RIN0648–XL08) received in the Office Transmissions; and Payment for Certain Du- uty White House Liaison, Department of of the President of the Senate on October 31, rable Medical Equipment, Prosthetics, Justice, transmitting, pursuant to law, the 2008; to the Committee on Commerce, Orthotics, and Supplies (DMEPOS)’’ report of a vacancy in the position of United Science, and Transportation. ((RIN0938–AP18)(RIN0938–AN14)) received in States Attorney for the Eastern District of EC–8642. A communication from the Acting the Office of the President of the Senate on Virginia, received in the Office of the Presi- Director of the Office of Sustainable Fish- October 31, 2008; to the Committee on Fi- dent of the Senate on October 31, 2008; to the eries, National Marine Fisheries Service, De- nance. Committee on the Judiciary. partment of Commerce, transmitting, pursu- EC–8650. A communication from the Pro- EC–8659. A communication from the Direc- ant to law, the report of a rule entitled gram Manager, Centers for Medicare and tor of Regulations Management, Veterans ‘‘Fisheries of the Exclusive Economic Zone Medicaid Services, Department of Health Benefits Administration, Department of Vet- Off Alaska; Hook-and-Line Gear in the Gulf and Human Services, transmitting, pursuant erans Affairs, transmitting, pursuant to law, of Alaska’’ (RIN0648–XL33) received in the to law, the report of a rule entitled ‘‘Medi- the report of a rule entitled ‘‘Posttraumatic Office of the President of the Senate on Oc- care Program: Changes to the Hospital Out- Stress Disorder’’ (RIN2900–AN04) received in tober 31, 2008; to the Committee on Com- patient Prospective Payment System and CY the Office of the President of the Senate on merce, Science, and Transportation. 2009 Payment Rates; Changes to the Ambula- October 31, 2008; to the Committee on Vet- EC–8643. A communication from the Direc- tory Surgical Center Payment System and erans’ Affairs. tor, Regulatory Management Division, Envi- CY 2009 Payment Rates; Hospital Conditions EC–8660. A communication from the Con- ronmental Protection Agency, transmitting, of Participation: Requirements for Approval gressional Review Coordinator, Animal and pursuant to law, the report of a rule entitled and Re-Approval of Transplant Centers to Plant Health Inspection Service, Department ‘‘Approval and Promulgation of Air Quality Perform Organ Transplants—Clarification of of Agriculture, transmitting, pursuant to

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24114 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 law, the report of a rule entitled ‘‘Viral Hem- EC–8669. A communication from the Assist- Good Manufacturing Practice Regulations orrhagic Septicemia; Interstate Movement ant Secretary, Land and Minerals Manage- for Finished Pharmaceuticals’’ (Docket No. and Import Restrictions on Certain Live ment, Department of the Interior, transmit- FDA–2007–N–0379) received in the Office of Fish’’ (Docket No. APHIS–2007–0038) received ting, pursuant to law, the report of a rule en- the President of the Senate on October 31, in the Office of the President of the Senate titled ‘‘Revisions to Subpart A—General; 2008; to the Committee on Health, Education, on October 31, 2008; to the Committee on Ag- Subpart I—Platforms and Structures; and Labor, and Pensions. riculture, Nutrition, and Forestry. Subpart J—Pipelines and Pipeline Rights-of- EC–8677. A communication from Director EC–8661. A communication from the Ad- Way’’ (RIN1010–AD18) received in the Office of the Regulations Policy and Management ministrator, Rural Housing Service, Depart- of the President of the Senate on October 31, Staff, Food and Drug Administration, De- ment of Agriculture, transmitting, pursuant 2008; to the Committee on Energy and Nat- partment of Health and Human Services, to law, the report of a rule entitled ‘‘Direct ural Resources. transmitting, pursuant to law, the report of Multi-Family Housing Loans and Grants’’ (7 EC–8670. A communication from the Office a rule entitled ‘‘Amendments to the Current CFR Part 3560) received in the Office of the of Enforcement, Federal Energy Regulatory Good Manufacturing Practice Regulations President of the Senate on October 31, 2008; Commission, transmitting, pursuant to law, for Finished Pharmaceuticals; Final Rule; to the Committee on Agriculture, Nutrition, the report of a rule entitled ‘‘Revisions to Correction’’ (Docket No. FDA–2007–N–0379) and Forestry. Forms, Statements and Reporting Require- received in the Office of the President of the EC–8662. A communication from the Assist- ments for Electric Utilities and Licenses’’ Senate on October 31, 2008; to the Committee ant Director of the Directives and Regula- ((Docket No. RM08–5–000)(Order No. 715)) re- on Health, Education, Labor, and Pensions. tions Branch, Forest Service, Department of ceived in the Office of the President of the EC–8678. A communication from Director Agriculture transmitting, pursuant to law, Senate on October 31, 2008; to the Committee of the Regulations Policy and Management the report of a rule entitled ‘‘Sale and Dis- on Energy and Natural Resources. Staff, Food and Drug Administration, De- posal of National Forest Service System EC–8671. A communication from the Dep- partment of Health and Human Services, Timber; Timber Sale Contracts; Market-Re- uty General Counsel, Office of General Coun- transmitting, pursuant to law, the report of lated Contract Term Additions’’ (RIN0596– sel, Federal Energy Regulatory Commission, a rule entitled ‘‘Distribution of Certain Drug AC79) received in the Office of the President transmitting, pursuant to law, the report of Products by Registered Blood Establish- of the Senate on October 31, 2008; to the Com- a rule entitled ‘‘Wholesale Competition in ments and Comprehensive Hemophilia Diag- mittee on Agriculture, Nutrition, and For- Regions with Organized Electric Markets’’ nostic Treatment Centers That Qualify as estry. ((Docket No. RM07–19–000)(Docket No. AD07– Health Care Entities; Prescription Drug Mar- EC–8663. A communication from the Chair- 7–000)) received in the Office of the President keting Act of 1987; Prescription Drug Amend- man, Defense Nuclear Facilities Safety of the Senate on October 31, 2008; to the Com- ments of 1992; Policies, Requirements and Board, transmitting, pursuant to law, a re- mittee on Energy and Natural Resources. Administrative Procedures’’ (Docket No. port entitled ‘‘Sixth Quarterly Report to EC–8672. A communication from the Ad- FDA–2005–N–0345) received in the Office of Congress on the Status of Significant Unre- ministrator of the Office of Workforce Secu- the President of the Senate on October 31, solved Issues with the Department of Ener- rities, Employment and Training Adminis- 2008; to the Committee on Health, Education, gy’s Design and Construction Projects’’; to tration, Department of Labor, transmitting, Labor, and Pensions. the Committee on Armed Services. pursuant to law, the report of a rule entitled EC–8679. A communication from the Direc- EC–8664. A communication from the Dep- ‘‘Federal-State Unemployment Compensa- tor, Office of Management and Budget, Exec- uty Under Secretary of Defense (Acquisition tion (UC) Program; Interstate Arrangement utive Office of the President, transmitting, and Technology), transmitting, pursuant to for Combining Employment and Wages; pursuant to law, a report entitled ‘‘Statis- law, a report relative to a prototype inven- Final Rule’’ (RIN1205–AB51) received in the tical Programs of the United States Govern- tory list of activities performed pursuant to Office of the President of the Senate on Oc- ment: Fiscal Year 2009’’; to the Committee contracts for services; to the Committee on tober 31, 2008; to the Committee on Finance. on Homeland Security and Governmental Af- Armed Services. EC–8673. A communication from the Pro- fairs. EC–8665. A communication from the Assist- gram Manager of the Office of Strategic Op- EC–8680. A communication from the Acting ant Secretary of the Navy (Installations and erations and Regulatory Affairs, Centers for Director, Strategic Human Resources Policy Environment), transmitting, pursuant to Medicare and Medicaid Services, Department Division, Office of Personnel Management, law, a report relative to the notification of of Health and Human Services, transmitting, transmitting, pursuant to law, the report of the decision to cancel the Office of Manage- pursuant to law, the report of a rule entitled a rule entitled ‘‘Veterans’ Preference’’ ment and Budget Circular A–76 public-pri- ‘‘Medicare Program; Home Health Prospec- (RIN3206–AL33) received in the Office of the vate competition for the Commander, Navy tive Payment System Rate Update for Cal- President of the Senate on October 31, 2008; Installations Command Emergency Manage- endar Year 2009’’ (RIN0938–AP20) received in to the Committee on Homeland Security and ment Dispatch Support Services; to the Com- the Office of the President of the Senate on Governmental Affairs. mittee on Armed Services. October 31, 2008; to the Committee on Fi- EC–8666. A communication from the Acting nance. EC–8681. A communication from the Acting Assistant Administrator for Fisheries, Na- EC–8674. A communication from the Dep- Director, Strategic Human Resources Policy tional Marine Fisheries Service, Department uty Director for Operations, Legislative and Division, Office of Personnel Management, of Commerce, transmitting, pursuant to law, Regulatory Department, Pension Benefit transmitting, pursuant to law, the report of the report of a rule entitled ‘‘Sea Turtle Con- Guaranty Corporation, transmitting, pursu- a rule entitled ‘‘Nonforeign Area Cost-of-Liv- servation; Shrimp Trawling Requirements’’ ant to law, the report of a rule entitled ing Allowance Rates; Alaska’’ (RIN3206– (RIN0648–XK78) received in the Office of the ‘‘Benefits Payable in Terminated Single-Em- AL37) received in the Office of the President President of the Senate on October 31, 2008; ployer Plans; Allocation of Assets in Single- of the Senate on October 31, 2008; to the Com- to the Committee on Commerce, Science, Employer Plans; Interest Assumptions for mittee on Homeland Security and Govern- and Transportation. Valuing and Paying Benefits’’ (29 CFR Parts mental Affairs. EC–8667. A communication from the Acting 4022 and 4044) received in the Office of the EC–8682. A communication from the Acting Assistant Administrator for Fisheries, Na- President of the Senate on October 31, 2008; Director, Strategic Human Resources Policy tional Marine Fisheries Service, Department to the Committee on Health, Education, Division, Office of Personnel Management, of Commerce, transmitting, pursuant to law, Labor, and Pensions. transmitting, pursuant to law, the report of the report of a rule entitled ‘‘Taking of Ma- EC–8675. A communication from the Ad- a rule entitled ‘‘Reemployment Rights’’ rine Mammals Incidental to Commercial ministrator of the Office of Apprenticeship, (RIN3206–AI19) received in the Office of the Fishing Operations; Atlantic Large Whale Employment and Training Administration, President of the Senate on October 31, 2008; Take Reduction Plan’’ (RIN0648–XL09) re- Department of Labor, transmitting, pursu- to the Committee on Homeland Security and ceived in the Office of the President of the ant to law, the report of a rule entitled ‘‘Ap- Governmental Affairs. Senate on October 31, 2008; to the Committee prenticeship Programs, Labor Standards for EC–8683. A communication from the Acting on Commerce, Science, and Transportation. Registration, Amendment of Regulations’’ Director, Center for Pay and Leave Adminis- EC–8668. A communication from the Acting (RIN1205–AB50) received in the Office of the tration, Office of Personnel Management, Assistant Administrator for Fisheries, Na- President of the Senate on October 31, 2008; transmitting, pursuant to law, the report of tional Marine Fisheries Service, Department to the Committee on Health, Education, a rule entitled ‘‘Repayment of Student of Commerce, transmitting, pursuant to law, Labor, and Pensions. Loans’’ (RIN3206–AK51) received in the Office the report of a rule entitled ‘‘Sea Turtle Con- EC–8676. A communication from Director of the President of the Senate on October 31, servation; Shrimp Trawling Requirements’’ of the Regulations Policy and Management 2008; to the Committee on Homeland Secu- (RIN0648–XL11) received in the Office of the Staff, Food and Drug Administration, De- rity and Governmental Affairs. President of the Senate on October 31, 2008; partment of Health and Human Services, EC–8684. A communication from the Dep- to the Committee on Commerce, Science, transmitting, pursuant to law, the report of uty White House Liaison, Department of and Transportation. a rule entitled ‘‘Amendments to the Current Justice, transmitting, pursuant to law, the

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24115 report of action on a nomination for the po- consistent with the national security of the security of the Nation by ensuring ade- sition of Assistant Attorney General, Na- United States, and for other purposes; to the quate public-private infrastructure and tional Security Division, received in the Of- Committee on the Judiciary. to resolve to prevent, detect, treat, in- fice of the President of the Senate on Octo- By Mr. REID: tervene in, and prosecute elder abuse, ber 31, 2008; to the Committee on the Judici- S. 3688. A bill to provide for additional ary. emergency unemployment compensation, to neglect, and exploitation, and for other EC–8685. A communication from the Sec- amend the Emergency Economic Stabiliza- purposes. retary of the Senate, transmitting, pursuant tion Act of 2008 to authorize loans to auto- S. 1211 to law, the report of the receipts and expend- mobile manufacturers and component sup- At the request of Mrs. FEINSTEIN, the itures of the Senate for the period from April pliers, and for other purposes; read the first name of the Senator from Indiana (Mr. 1, 2008 through September 30, 2008; ordered to time. BAYH) was added as a cosponsor of S. lie on the table. By Mr. REID (for himself and Mr. 1211, a bill to amend the Controlled f BYRD): S. 3689. A bill making supplemental appro- Substances Act to provide enhanced REPORTS OF COMMITTEES priations for job creation and preservation, penalties for marketing controlled sub- The following reports of committees infrastructure investment, and economic and stances to minors. energy assistance for the fiscal year ending S. 2092 were submitted: September 30, 2009, and for other purposes; At the request of Mr. DURBIN, the By Mr. LIEBERMAN, from the Committee read the first time. on Homeland Security and Governmental Af- By Mr. DURBIN: name of the Senator from Connecticut fairs: S. 3690. A bill to help struggling families (Mr. DODD) was added as a cosponsor of Report to accompany S. 1924, a bill to stay in their homes and to ensure that tax- S. 2092, a bill to amend title 11, United amend chapter 81 of title 5, United States payers are protected when the Secretary of States Code, to improve protections for Code, to create a presumption that a dis- the Treasury purchases equity shares in fi- employees and retirees in business ability or death of a Federal employee in fire nancial situations; to the Committee on the bankruptcies. protection activities caused by any of cer- Judiciary. tain diseases is the result of the performance S. 2585 of such employee’s duty (Rept. No. 110–520). f At the request of Mr. HARKIN, the By Mr. LEAHY, from the Committee on SUBMISSION OF CONCURRENT AND name of the Senator from New Jersey the Judiciary: SENATE RESOLUTIONS (Mr. MENENDEZ) was added as a cospon- Report to accompany S. 980, a bill to sor of S. 2585, a bill to provide for the amend the Controlled Substances Act to ad- The following concurrent resolutions enhancement of the suicide prevention dress online pharmacies (Rept. No. 110–521). and Senate resolutions were read, and programs of the Department of De- f referred (or acted upon), as indicated: fense, and for other purposes. By Mr. REID (for himself and Mr. INTRODUCTION OF BILLS AND S. 2639 MCCONNELL): JOINT RESOLUTIONS S. Res. 706. A resolution to authorize testi- At the request of Mr. JOHNSON, the The following bills and joint resolu- mony and legal representation in Peter name of the Senator from Arkansas tions were introduced, read the first Bergel v. Pacific Gas & Electric; considered (Mrs. LINCOLN) was added as a cospon- and second times by unanimous con- and agreed to. sor of S. 2639, a bill to amend title 38, sent, and referred as indicated: f United States Code, to provide for an assured adequate level of funding for By Mr. INHOFE: ADDITIONAL COSPONSORS S. 3683. A bill to amend the Emergency veterans health care. Economic Stabilization Act to require ap- S. 407 S. 2883 proval by the Congress for certain expendi- At the request of Mr. VITTER, his At the request of Mr. ROCKEFELLER, tures for the Troubled Asset Relief Program; name was withdrawn as a cosponsor of the name of the Senator from South to the Committee on Banking, Housing, and S. 407, a bill to amend the Intermodal Dakota (Mr. THUNE) was added as a co- Urban Affairs. Surface Transportation Efficiency Act sponsor of S. 2883, a bill to require the By Ms. MIKULSKI (for herself, Mr. BOND, Mr. LEVIN, and Ms. STABENOW): of 1991 to designate a portion of Inter- Secretary of the Treasury to mint S. 3684. A bill to amend the Internal Rev- state Route 14 as a high priority cor- coins in commemoration of the centen- enue Code of 1986 to allow an above-the-line ridor, and for other purposes. nial of the establishment of Mother’s deduction against individual income tax for S. 826 Day. interest in indebtedness and for State sales At the request of Mr. MENENDEZ, the S. 3073 and excise taxes with respect to the purchase names of the Senator from South Da- At the request of Mr. CORNYN, the of certain motor vehicles; to the Committee on Finance. kota (Mr. JOHNSON), the Senator from name of the Senator from North Caro- By Mrs. FEINSTEIN (for herself and Virginia (Mr. WEBB), the Senator from lina (Mr. BURR) was added as a cospon- Mrs. BOXER): Florida (Mr. MARTINEZ) and the Sen- sor of S. 3073, a bill to amend the Uni- S. 3685. A bill to prohibit the selling and ator from South Dakota (Mr. THUNE) formed and Overseas Citizens Absentee counterfeiting of tickets for a Presidential were added as cosponsors of S. 826, a Voting Act to improve procedures for inaugural ceremony; to the Committee on bill to posthumously award a Congres- the collection and delivery of absentee Rules and Administration. sional Gold Medal to Alice Paul, in rec- ballots of absent overseas uniformed By Mr. SPECTER: ognition of her role in the women’s suf- services voters, and for other purposes. S. 3686. A bill to establish an Office of Foreclosure Evaluation to coordinate the re- frage movement and in advancing S. 3229 sponsibilities of the Department of the equal rights for women. At the request of Ms. CANTWELL, the Treasury, the Department of Housing and S. 988 name of the Senator from Minnesota Urban Development, the Federal Housing At the request of Ms. MIKULSKI, the (Ms. KLOBUCHAR) was added as a co- Administration, the Federal Housing Fi- name of the Senator from Arkansas sponsor of S. 3229, a bill to increase the nance Agency, the Neighborhood Reinvest- (Mrs. LINCOLN) was added as a cospon- safety of the crew and passengers in air ment Corporation, the Federal Deposit In- surance Corporation, the Board of Governors sor of S. 988, a bill to extend the termi- ambulances. of the Federal Reserve System, and other nation date for the exemption of re- S. 3305 Federal Government entities regarding fore- turning workers from the numerical At the request of Mr. CHAMBLISS, the closure prevention, and for other purposes; limitations for temporary workers. name of the Senator from Arkansas to the Committee on Banking, Housing, and S. 1070 (Mrs. LINCOLN) was added as a cospon- Urban Affairs. At the request of Mr. HATCH, the sor of S. 3305, a bill to authorize the By Mr. VITTER: S. 3687. A bill to prohibit the admission of name of the Senator from Minnesota Secretary of the Army to establish, an alien who was detained as an enemy com- (Mr. COLEMAN) was added as a cospon- modify, charge, and collect recreation batant at Guantanamo Bay, Cuba unless the sor of S. 1070, a bill to amend the So- fees with respect to land and water ad- President determines that such admission is cial Security Act to enhance the social ministered by the Corps of Engineers.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24116 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 S. 3331 to help consumers, and get our econ- On a 4-year loan at an 8 percent ex- At the request of Mr. CRAPO, the omy back on track. It is simple, it is cise tax, it would result in a savings of name of the Senator from Maine (Ms. straightforward, and it is bipartisan. It anywhere, depending on the State, SNOWE) was added as a cosponsor of S. is also timely and temporary. from $1,500 to $2,000. 3331, a bill to amend the Internal Rev- My bill would save jobs. What is it I have already heard from people all enue Code of 1986 to require that the that I want to do? I want to stimulate over this country how that, plus the payment of the manufacturers’ excise demand in the automobile industry so deals being offered by manufacturers tax on recreational equipment be paid people actually come into showrooms and dealers, could result in being able quarterly. and buy cars, minivans, or light to buy a minivan for under $20,000 a S. 3403 trucks. Why is this a good idea? Actu- year. This would be fantastic. I could put At the request of Ms. CANTWELL, the ally, if you buy a car, someone has to up chart after chart for the Malibu, for name of the Senator from New Jersey make it, someone has to sell it, some- the Ford pickup 150, for the Toyota (Mr. MENENDEZ) was added as a cospon- one has to service it, and someone has Camry. This would stimulate demand. sor of S. 3403, a bill to amend title 49, to provide administrative services. Just think what it means. People could United States Code, to require deter- This is good for manufacturers, the come into a showroom of their choice, mination of the maximum feasible fuel dealers, and the suppliers. It could save considerable jobs in the auto industry. and if we passed this bill—it would be economy level achievable for cars and retroactive to the day I announced light trucks for a year based on a pro- My bill is not about bailouts. It is about jobs, jobs, jobs. Six million jobs they could actually buy something jected fuel gasoline price that is not that would put them on the road with less than the applicable high gasoline are at stake in the American car indus- try. One out of ten jobs in America re- a car that is more fuel efficient with price projection issued by the Energy lower carbon emissions. Information Administration. lies on the auto industry. Right now, the facts are gloomy. Sales are down. At the same time, jobs, jobs, jobs. As S. 3596 The auto industry has already cut over I said, there are 30,000 new car dealer- At the request of Mr. KERRY, the 100,000 jobs. The 30,000 American deal- ships nationwide. They employ close to name of the Senator from New York erships in this country are at risk of 1 million people. In my own home (Mr. SCHUMER) was added as a cospon- losing 37,000 jobs. We cannot let this State there are 300 dealerships. People sor of S. 3596, a bill to stabilize the do not realize that dealers in many happen. We cannot let the American small business lending market, and for rural parts of my State usually employ automobile industry implode. other purposes. I believe we can help by getting the over 50 people in sales, the auto me- S. 3652 consumers into the showroom, have chanics, as well as the administrative positions. This legislation would help At the request of Ms. CANTWELL, the them feel that Government is on their them because they would actually be name of the Senator from Michigan side in helping them with one of the working. It would help the people who (Ms. STABENOW) was added as a cospon- biggest purchases during this tough are actually making those. sor of S. 3652, a bill to provide for fi- time. Senator SPECTER said he has been nancial market investigation, over- What does this amendment do? My traveling the State. I have been trav- sight, and reform. bill is simple. If you buy a passenger eling mine too. I went to the General f car, minivan, or light truck between Motors plant in Maryland at White November 12 of this year and December STATEMENTS ON INTRODUCED Marsh where they make the new power 31 of 2009, you will get a tax deduction BILLS AND JOINT RESOLUTIONS transmission. Right now they can for your sales or excise tax and the in- By Ms. MIKULSKI (for herself, make a Tahoe hybrid, a Tahoe, a big terest on your loan. Families can save muscle car, that with the hybrid tech- Mr. BOND, Mr. LEVIN, and Ms. anywhere from $2,000 to $5,000 by the nology they have now, can get the STABENOW): Mikulski-Bond bill. same mileage as a Toyota Camry. S. 3684. A bill to amend the Internal This is a big deal because, next to the If you also talk to the people who Revenue Code of 1986 to allow an above- purchase of your home, the purchase of worked there, they could employ 1,000; the-line deduction against individual your automobile is your next big tick- they now employ 250 people. If you income tax for interest in indebtedness et. were with me in the car dealership and and for State sales and excise taxes It is targeted. I cap it at families would talk to people such as the me- with respect to the purchase of certain with an income of over $250,000 a year. chanic—I talked to a mechanic who motor vehicles; to the Committee on It focuses on the middle-income and works for a Chevy dealer in Bethesda. Finance. the middle-class family cars. It is also He has worked there for 23 years. Ms. MIKULSKI. Mr. President, our timely because we need to know that He said to me: Senator BARB, all my economy is in shambles. People are los- the biggest 6-week period for auto- life I have loved to work on cars. I just ing their jobs, they are losing their life mobile sales is between Thanksgiving love it. I love to fix them; I love to re- savings, and they are losing their and New Year’s Eve. They sell other pair them. If they are new, I want to homes. Congress must act and we must cars during 6-week periods, but be- make sure they are fit for duty. I have act now. tween Thanksgiving and New Year’s earned a good living. I have been I agree with the Senator from Penn- Eve is the biggest 6-week sale. This bill happy. I think I have helped make a lot sylvania, Mr. SPECTER, that this ses- also helps the environment because it of other people happy. But the only sion of the Congress and this session of gets more people in more fuel-efficient way I can stay happy is if I continue to the Senate should not be called a lame- cars. work. I have a mortgage. I have two duck. We should neither be lame nor This bill is not limited to only Amer- kids in college. Maybe they are going should we duck the big issue facing our ican cars. It focuses on any car, recog- to go into engineering, I do not know, country. We have helped out. If you nizing that many automobiles are now but I know if we do not get more people look at what we have done already— made in southern States, as Texas does into this dealership my job could be well, we have already done a bailout. Toyotas; Kentucky does Toyotas; Ten- gone. We helped the sharks and we helped the nessee does Nissans. Any way we look Talk to the dealer. The dealer’s name whales. Now it is time to help the min- at it, even though it might have a for- is Sam. The first thing you know about nows, the little guy and gal, the Amer- eign logo, it is American jobs doing the him is he wears the little Rotary pin ican consumer. manufacturing. on his lapel because he is the guy who I have that solution. Today, I intro- What would this mean? I have here a not only provides jobs, tries to provide duce legislation, cosponsored by my chart—it is bigger than me—for a good deals to customers, but also is the colleague from Missouri, to save jobs Dodge minivan. The average minivans one who is part of the Chamber of Com- in the American automobile industry, cost about $25,500. merce, part of the United Way.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24117 We are talking about people who are tire auto industry, by encouraging now Missouri have 10,000 people, and 1,800 part of the fabric of our society. We are tentative buyers who are worried about families depend upon the 200 workers not talking about an abstraction. We making the payments to go ahead and at the Federal-Mogul plant. They are are not talking about a single ZIP code purchase. This is the best way to get making steering systems. Closing that like Wall Street. We are talking about our auto industry back to work and plant will be a tough blow to the Mary- the automobile industry in every State provide the jobs people need. ville community dependent upon it. and every community. So when we help In my home State of Missouri and We have 500 jobs at the Dura plant in them, we are helping ourselves. throughout the Nation car sales have Moberly, 400 at the Gates plant in People say: what is the cost of this, declined sharply in recent months, and Versailles, 170 at the Modine plant in Senator BARB? Well, I will tell you. It there will likely be a further decline as Joplin. On and on it goes, like a long is about $8 billion. They go: Oh, well, the economy struggles. Cars and trucks list of just about every Missouri small- we just spent $350 billion and threw it are one of the largest purchases for and medium-sized town. We cannot af- down the rat hole. We do not have any- households. Most rely on some kind of ford to pull the plug on the manufac- thing to show for this $350 billion but financing to acquire the vehicles. turing backbone of rural America. more arrogance and more greed. While By making interest payments and These auto-dependent jobs, whether they want Americans to dine on Lean sales and excise taxes deductible, this they are union or not—and many are Cuisine, they are dining on spa cuisine. program will help middle-class families not—provide very good wages. They are So I think it is time we help people afford the cars, SUVs, and light trucks manufacturing jobs that support mid- in our own community, help the con- they need to get to work and take their dle-class families. They provide health sumers who want to participate in the kids to school. This should mean real care benefits for families, retirement economy. Clunkers get traded in, and savings to middle-class families who for the elderly, and a couple weeks of we also help them. Maybe you know are struggling to pay a mortgage or paid vacation. Without these blue-col- somebody who works for a hedge fund, rent, buy groceries, and afford health lar jobs, many of these middle-class I do not. But I do know the people who care. families would slip back into lower in- work for the automobile industry— This proposal also helps the strug- comes with no health care, little hope whether it is the dealers or the recep- gling auto industry and millions of jobs for college, and an uncertain future. tionist who came to work 43 years ago that are dependent on them: auto sup- We have to fight for working people right out of high school who said: Sen- pliers, steel and glass manufacturers, and their jobs and not allow their em- ployers to go under. ator BARB, we could not sell cars in and the car dealers. Despite the real need for temporary those days, but I have been here in and There are closing car dealerships in emergency assistance to save jobs in out of this same dealer for 43 years, Missouri. They are shutting their Missouri and across the country, I do raised my kids, earned a good living, doors, laying off workers, cutting jobs. not support a blank check from the did the back office work. I want to Others are facing real squeezes. They, Government. I want to make sure we keep on doing it. I am not ready for So- too, may be facing this same crisis if are not simply throwing good money they do not get people purchasing cars. cial Security, and, for God’s sake, do after bad. It is critical that any rescue With our economy shedding hundreds not put it in Wall Street. include three basic principles: First, Well, I say do not put Social Security of thousands of jobs over the past sev- the bill must have strong taxpayer pro- eral months, it is critical that we act on Wall Street and do not put another tection. This means any bill must en- now to prevent further losses to an in- nickel on Wall Street. If we are going sure that taxpayers are repaid for their dustry that touches the entire Nation. to help with our economy, let’s do it emergency assistance and that tax- Now, in addition to this tax proposal, where it creates jobs. payers share in the turnaround profits I think we must take action to provide I wanted to explain the bill I have in- of participating automakers. troduced today that I am going to bridge loan financing to Detroit’s big Second, the bill must include execu- bring up as part of our economic recov- three auto companies. The idea of get- tive accountability so that failed ex- ery plan on Wednesday. But most of ting Government involved in the free ecutives are not rewarded for poor all, what I wanted to say is, the Con- market is troublesome and potentially management. I do not know about you, gress should not go home until we see dangerous to the health of our system, but I am offended when I read in the how we are going to help this economy but I strongly believe we have to act in paper that companies getting Federal get rolling. unique times of crisis when millions of bailout money are using it to pay bo- I think my bill which has been co- workers are in danger of losing their nuses. Some of them said they have al- sponsored by Senator BOND puts wheels jobs. We are clearly in this unique cri- ready set the bonuses aside. Well, if on the American economy, and I hope I sis. We are experiencing a crisis unpar- they set the bonuses aside, they set have victory on it later this week. alleled since the Great Depression. them aside as their company was going I yield the floor. It is for that reason that I will not down. Getting money from the Federal The PRESIDING OFFICER. The Sen- turn my back on hundreds of thousands Government should not enable them to ator from Missouri is recognized. of Missouri jobs. Now is the time to make those bonus payments. Mr. BOND. Mr. President, it is a real act. Unlike many other industries, the I have seen one major Wall Street pleasure to join and partner with my auto industry touches, as I said, mil- firm saying it is going to stop bonuses good friend, Senator MIKULSKI, on this lions of manufacturing and servicing until this crisis is over. I think that is initiative to save American jobs, help jobs across the Nation. something we should commend. I think American families, support the auto in- Over 100,000 auto workers are in as- that is a practice that ought to be fol- dustry, as she has just said, and put sembly plants, more than 1 million lowed. America back on wheels. workers are at auto dealerships in Third, and most important—and this During those tough economic times, every State, over 300,000 workers are in is key—the bill must include signifi- we believe this proposal will help the wholesale end of the auto industry, cant financial reform so that recipients American families afford the cars, over 800,000 workers work in auto re- of taxpayer funds demonstrate that small trucks, and SUVs they need to pair, and over 500,000 workers are in they have a plan to ensure long-term get to work, to take their kids to auto parts plants. competitiveness, health, and profit- school, and encourage investment These autoworkers are not just in big ability by bringing their costs under needed to boost auto sales which will cities such as Detroit. Autoworkers are control. help save American jobs, help middle- found supporting families in small- and Funds should be conditioned on a class families, and support the auto in- medium-sized communities across strong restructuring plan for the indus- dustry. rural America. try and for each recipient to have funds Selling cars, again, is one of the most In my home State of Missouri, small so that this aid is a bridge to some- important things we can do for the en- towns such as Maryville in northwest where, not a bridge to nowhere. That is

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24118 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 why I need to emphasize the need for a the conditions I laid out which include make our economy go forward, but it real financial strategy that will put significantly laying out a plan to prof- will create jobs. As has been said many the Detroit big three on the road to itability, cost cutting that will be ap- times before by people a lot smarter competitiveness, health, and profit- proved and then will be monitored by than I, a good job is the best social pol- ability. the appropriate Government official icy we have. A good job is the basis of I believe we ought to set up a system who has the power to continue to re- the economy. where a responsible Government agen- lease the funds. What we are advocating today in the cy, a Secretary-level official, has to ap- I will discuss in other remarks how bill I cosponsored with Senator MIKUL- prove the continuing plans, the goals, the TARP has changed in purpose from SKI is a way to get cars sold so they the definable standards that must be what we were told it would be. It has will create jobs all up and down the met, and that official ought to hold continued to change. I am afraid it has chain in the auto industry and provide them accountable for accomplishing caused a great deal of uncertainty, a bridge to somewhere for the future of the purposes, cutting the costs, and which, obviously, markets do not like. the auto industry so they will get their making the tough business decisions But before closing, I wish to suggest an costs under control, keep them out of that are necessary to assure profit- area where there is great need and bankruptcy, and make the changes ability. where I believe the funds under the that are needed to be competitive in Well, these are things I believe most Troubled Asset Relief Program can and the national and the world market. I urge my colleagues to join with us of my colleagues want to see. I do not should be used to give the economy a in the legislation by Senator MIKULSKI believe anybody wants to see the auto major boost, creating the jobs we badly and also in pushing to use the TARP industry go down. But there is real need, and that is in State and local funds for investment in municipal concern that if we put in some money government infrastructure. bonds that will put people to work on now, we may be back seeing them in Despite the Government’s efforts to infrastructure. the same condition several months thaw the credit crunch, State and local down the road. governments continue to face hard- By Mrs. FEINSTEIN (for herself Well, the time has come for the auto ships in municipal bond financing. Peo- and Mrs. BOXER): industry to lay out for Government of- ple were telling me, once we got the S. 3685. A bill to prohibit the selling ficials in their ability to approve the money into the banks, credit would and counterfeiting of tickets for a release of these funds if they have a loosen up and municipal bonds could be Presidential inaugural ceremony; to plan. And as they go forward, they sold. So far, we are not seeing that. the Committee on Rules and Adminis- ought to be required to show the ap- State and local bond and debt financ- tration. proving official that they are taking ing is still a problem. In Missouri and Mrs. FEINSTEIN. Mr. President, I those steps that are necessary to make throughout the Nation, many infra- come to the floor as chairman of the their plants and their companies prof- structure projects are being delayed or Rules Committee and as chairman of itable. scaled back due to credit problems, the the Joint House-Senate Inaugural Some ask: Why don’t we just allow inability to get credit, and they have Committee. I come to introduce legis- the automakers to fall into bankruptcy not faced it in many years. lation to prohibit the selling and coun- like some in the airline industry? We Even State and local governments terfeiting of tickets to the President’s all know bankruptcy has successfully with high credit ratings are struggling inauguration ceremony. allowed many airlines to get back in to obtain affordable financing. In Mis- The inauguration of the President of the air. I am afraid it would be a dis- souri, for example, we have some $800 the United States is one of the most aster for the thousands of parts and million approved in debt to rebuild our important rituals of our democracy, service businesses dependent on major bridges. The city of Kansas City, MO, and the chance to witness this solemn automakers. How would they get credit has $200 million it is ready to spend on event should not be bought and sold to run their operations to supply a its water and sewer infrastructure. The similar to tickets to a football game. company in bankruptcy? How would St. Louis Airport is badly in need of This is not a football game. This is a the bankrupt company in the current funding for $100 million in upgrades to dignified and critical moment of tran- crisis get the credit it needs to emerge facilitate commerce and continue to sition in Government, a moment of from bankruptcy? Who is going to buy provide jobs. I believe the funds should which Americans have always been a car from a bankrupt company? What be used to purchase those portions of proud because it is, in fact, the strength of our democracy—the fact protections would they have for their those debts that can be used to put that all across this great land people warranties and other requirements people to work in 2009. Not all of the go to the polls and elect the next Presi- they have for servicing? $800 million on fixing bridges is going dent of the United States, they don’t Others say a financial rescue has no to be spent in 1 year, but there should take to the streets, they don’t take to place in the free market. I agree that be a reasonable judgment as to how weapons. They elect the next President generally that is a good question. But much work can be started when con- of the United States. even free markets need oversight and a struction season begins in the spring. We have all read the news reports: safety net. That is why we have the We ought to be willing to have the Tickets bid on the Internet for $5,000 Federal Reserve, the Securities and Ex- Federal Government provide the fund- apiece, some going as high as $40,000 change Commission, and the Federal ing and get the debt issuance in return, each. Internet sites today are selling Deposit Insurance Corporation. Each of which, if they fund it at the current tickets they do not have and will not these agencies is designed to take going rate for debt with the Federal have unless somehow, some way they emergency actions in times of emer- Government, should be a no-cost ulti- obtain them. I find it unconscionable. gency. Clearly, that is what we have. mate cost to the taxpayer or an addi- These tickets are supposed to be free That is why we should respond now. tion to the debt. But what these infra- for people, for the volunteers who gave There have been a lot of discussions structure jobs will do right now is pro- up their weekends, walking miles door on the source of funding for the auto vide work so that working men and to door to encourage voters to turn out industry, whether it should come out women will be able to do things such as at the polls on election day, for Mem- of the Treasury’s Troubled Asset Relief buy cars, provide for their families, bers of the African-American commu- Program, or TARP, or the Department spend the money to get the economy nity to see one of their own take the of Energy’s Section 136 program. I am growing again. oath of office, the highest office in the pleased to see that there seems to be I urge Treasury to consider assisting land, for schoolchildren to witness his- broad support for assisting the auto in- the municipal bond market through tory, and for the American public to dustry despite the differences in fund- the TARP program. It will not only watch this affirmation of our Constitu- ing. I support either or both of these boost infrastructure investments, build tion, this peaceful transition from one measures of support, provided we meet the critical infrastructure we need to administration to another.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24119 This is going to be a major civic issues of commerce, they are free tick- borrowers who took out these loans. event of our time. Excitement is at an ets to be given to the people. Then they found that their mortgage all time high, and every one of us has So I hope that this week this legisla- went from $1,200 a month, for illus- received more phone calls for tickets tion can pass unanimously by this trative purposes, to $2,000. than we could possibly ever meet. Peo- body. I send it to the desk and thank It is my hope that Congress would ple are desperate to become part of it, the Chair. stay in session beyond just this week. to touch it, to be around, to feel it, to The ACTING PRESIDENT pro tem- It seems to me the economic problems listen to it, and they are coming from pore. The bill will be received and ap- we faced last July, before we adjourned all over the country. We could have propriately referred. for the month of August, required our more than 1.5 million people descend remaining in session; I urged the lead- on the Nation’s Capital for this inau- By Mr. SPECTER: ers of the Senate to keep the body in guration. S. 3686. A bill to establish an Office of session during August. And, I urged the Congress has the responsibility of Foreclosure Evaluation to coordinate President to call the Congress back overseeing this historic event. So we the responsibilities of the Department into session. It seems to me the prob- must ensure that the inauguration has of the Treasury, the Department of lem of delinquent mortgages and fore- all the respect and dignity it deserves. Housing and Urban Development, the closures is critical at the moment. I These tickets are supposed to be free Federal Housing Administration, the noticed Senator DODD was quoted in for the people. No one should have to Federal Housing Finance Agency, the the Washington Post last Friday as pay for them. Once more, these tickets Neighborhood Reinvestment Corpora- saying he plans to introduce legislation are not yet even available. They will tion, the Federal Deposit Insurance and that he thought the FDIC proposal not be distributed to congressional of- Corporation, the Board of Governors of was a good one. fices until the end of the week before the Federal Reserve System, and other We are finding so many people are the inauguration. And then the offices Federal Government entities regarding facing the threat of foreclosure. This is will require in-person pickup, with se- foreclosure prevention, and for other an issue which ought to be considered cure identification. But they will be purposes; to the Committee on Bank- further. Congress ought to stay in ses- free and they should stay that way. ing, Housing, and Urban Affairs. sion, ought to work these issues I can tell you what I am going to do. Mr. SPECTER. I am now introducing through, and ought to remain in ses- We will ask people to pick up their legislation captioned ‘‘The Foreclosure sion long enough to consider the de- tickets the day before the inauguration Diversion and Mortgage Loan Modi- tails necessary to make a rational in my office. Everyone will submit fication Act of 2008.’’ It would create judgment on the proposal of economic their name, their address, and their an Office of Foreclosure Evaluation in- aid to General Motors and the other driver’s license. They must be who side the Treasury Department, to co- companies. they are if there are tickets waiting for ordinate a great many efforts. The core I ask unanimous consent that the full text of my floor statement on the them. I believe this kind of procedure purpose of this legislation is to provide mortgage issue and the full text of the essentially deters unscrupulous people Federal endorsement and financial as- legislation be printed in the RECORD as from selling these tickets on the Inter- sistance for setting up programs such if set forth in full on the Senate floor. net. No Web sites or other ticket out- as those now in existence in Philadel- phia and Pittsburgh, and similar pro- There being no objection, the mate- lets have inaugural swearing-in tickets rial was ordered to be printed in the to sell, despite what some of them grams which exist in New York, New RECORD, as follows: claim. Jersey, Ohio, and Connecticut, that FLOOR STATEMENT OF SENATOR ARLEN SPEC- This legislation is aimed at stopping suspend foreclosure until there has TER ON INTRODUCTION OF THE FORECLOSURE been an opportunity, under court su- those who seek to profit by selling DIVERSION AND MORTGAGE LOAN MODIFICA- these tickets. It would also target pervision, to have the borrower and the TION ACT OF 2008 those who seek to dupe the public with lender sit down to try to work out a Mr. President, I seek recognition today to fraudulent tickets or those who merely plan to avoid foreclosure. My full introduce the ‘‘Foreclosure Diversion and promise but can’t deliver on tickets statement, which I will ask consent to Mortgage Loan Modification Act of 2008.’’ that they do not actually have. place in the RECORD, goes into some The bill amends the recently passed Emer- I want to say one thing. We are work- great detail about the problems that gency Economic Stabilization Act and the ing now to see if there is any creative exist at the present time regarding Housing and Economic Recovery Act passed foreclosures. last July to ensure that more attention and way we might be able to secure more resources are given to the urgent need to tickets for the House and the Senate. In addition to the legislation I am prevent home foreclosures and to stabilize We have followed protocol with exactly proposing, the Federal Deposit Insur- the housing market. the same distribution system that ex- ance Corporation has proposed a pro- The bill creates an Office of Foreclosure isted in prior inaugurals, but it is clear gram aimed at preventing an estimated Evaluation in the Treasury Department. that there are not as many tickets as 1.5 million foreclosures in the next This Office will coordinate and foster fore- there are requests. year. I have talked to the FDIC Chair- closure prevention efforts of the Treasury Department, the Federal Housing Finance Those who violate the law under this woman Sheila Bair, and think her pro- Agency, the Federal Reserve, the Federal De- legislation, if in fact it passes, would posal is a good one. The legislation I posit Insurance Corporation, the Department face a class A misdemeanor with a sub- am proposing and the program Chair- of Housing and Urban Development, and stantial fine, imprisonment up to 1 woman Bair has proposed would supple- other federal agencies. The Office will also year, or both. I am also very pleased to ment legislation which is now pending support and collaborate in foreclosure pre- tell you, Mr. President, that eBay and in the Congress. Last October, Senator vention efforts with state and local govern- StubHub announced last week that DURBIN and I separately introduced ment agencies, state and local courts, and bills that would permit mortgages to community based non-profit organizations, they will not allow the sale of inau- such as the State Foreclosure Prevention gural swearing-in tickets on any of be modified by the bankruptcy courts. Working Group. their Web sites. I want to take this op- However, Senator DURBIN’s legislation The current economic turmoil began with portunity to thank them and to com- would permit the court to modify the a housing market collapse that has had dev- mend them for leading the way. principal sum. I think that goes too far astating consequences across the entire fi- It is my hope that Congress will pass and would have the undesirable con- nancial system. Widespread mortgage modi- this legislation this week. I hope my sequence of making it more difficult to fication will address the root cause of the colleagues will join me in supporting it obtain a mortgage in the future. My current crisis. Despite talk and efforts since early 2007 to encourage voluntary loan modi- on a hotline. I think it is very impor- legislation authorizes the bankruptcy fication, the pace of affordable and sustain- tant to establish once and for all that courts to modify interest rates on vari- able modifications has not been of sufficient tickets to the inauguration of the next able interest rate mortgages. In many scale to contain the harm to our commu- President of the United States are not cases, there was not full disclosure to nities and our economy.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24120 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 This month, HUD made a preliminary pro- the homeowners remained in their homes as or foreclosed properties. There is also a pro- jection that only about 20,000 homeowners a result of settlement, postponement, or vision that will free up funds so they may be may be helped by the Hope for Homeowners bankruptcy. Only 2 properties (.4%) were or- used to support programs that provide legal program created as part of the Housing and dered to be sold at sheriff sale. The delays advice and representation to homeowners in Economic Recovery Act, instead of the an- allow for more negotiation, or, in some cases foreclosure actions; the current restriction ticipated 400,000. In October, a Federal Re- for ‘‘graceful exits’’ so families can find a on using funds for litigation is overly broad. serve Governor expressed concerns about the new place to live. Unlike some plans discussed in the press, recent rise of shady companies that mas- The witnesses at the Philadelphia hearing this bill does not call for direct payments to querade as non-profit foreclosure prevention testified about successful outcomes for borrowers. Rather, it makes federal funds organizations, and then charge distressed homeowners. One witness, Tania Harrigan, available to support state and local fore- borrowers thousands of dollars for their serv- testified that her family fell behind in mort- closure prevention programs that work. ices. Congress must act to ensure that home- gage payments when her husband was laid The bill also addresses another reason owners are getting the information and help off. They filed for bankruptcy but could not there are not more affordable and sustain- they need to prevent avoidable foreclosures. afford to pay the fees; the bankruptcy suit able loan modifications—even though modi- For the second quarter of 2008, foreclosure was dismissed and the house was listed for fications usually leave lenders with more filings nationwide were up 121 percent over sheriff sale for November 4, 2008. Through money than the 50 cents on the dollar that a the second quarter of 2007. Comparing third the Philadelphia foreclosure prevention pro- foreclosure sale typically brings them. Up quarter filings, the 2008 increase over 2007 is gram, the interest rate was lowered from until the last 10 or 15 years, a mortgage loan 71 percent. Today there are more than 1.5 9.75% to 7%, which reduced the monthly pay- involved two parties—the borrower and a million houses in foreclosure—three times ment from $437 to $411. The lender waived bank that both originated the loan and re- the normal rate—and approximately 3.5 mil- $6,500 in late fees and the arrearage was put tained the default risk. If the individual bor- lion other homeowners are behind on their back into a new 30-year fixed rate mortgage. rower had trouble, it was in the bank’s inter- mortgage payments. Too many families are Another homeowner who was contacted est to adjust the terms of the loan. But that losing their homes even when it makes more through the program’s door-to-door outreach is no longer the model. Through sense for the lenders to let them stay and initiative had an adjustable rate mortgage securitization, the risk of default has been make payments on a sustainable, modified modified from a 22% interest rate to a fixed transferred to investors. There is no longer a mortgage. And despite reports from industry rate of 6%. Another homeowner saw a reduc- single entity that has an interest in rework- groups that there have been many modifica- tion in her monthly payments from $1479 to ing failing loans. The loans are pooled to- tions, consumer groups say many of these $1124 after the interest rate went from 9.9% gether and the stream of payments from modifications simply spread missed pay- to 5.5%. These were ‘‘voluntary’’ in the sense those mortgages is divided up into securities ments over the remaining life of the loan, that the court did not impose the terms of owned by investors all over the world. A which has the perverse effect of raising, not the modifications. But the court does require mortgage servicer manages the pools of lowering, the monthly payment. A recent communication, research and preparation loans and distributes the payments to inves- Credit Suisse report found that of those before the conference. The court makes fore- tors. It is the mortgage servicer who has the mortgages where the monthly payments in- closure a last resort instead of the first step ability to restructure a mortgage or fore- creased, 44 percent were more than 60 days by ensuring that servicers or lenders are not close on the property. However, the servicers delinquent after 8 months. By contrast, of simply ignoring alternatives to foreclosure. do not have the same incentives that banks those mortgages that received an interest A city employee testified that, as a result used to have. The way many pooling and rate reduction, only 15 percent were more of coordinated outreach, calls to the Save servicing agreements (PSAs) are written, than 60 days delinquent after 8 months. Your Home Philly Hotline, which sets up ap- there may be no incentives for the servicers Similarly, of those mortgages where the pointments with housing counselors, tripled to restructure the loans. Servicers typically principal balance was reduced only 23 per- from 150 per month at the beginning of the get paid a fee if they foreclose, but may have cent were delinquent. . year to 460 per month currently. City-funded to absorb the cost of renegotiating the loans. In some regions of the country the housing neighborhood assistance groups who have ac- One of the first steps the Office of Fore- and job markets are holding up fairly well, cess to court foreclosure files go door-to-door closure Evaluation should take is to encour- but in other areas the increase in fore- to reach homeowners. The participation rate age servicers to use technology that would closures is or will be devastating. But there in the conciliation program for homeowners standardize the income to expense and loan is some good news: in some of the areas that who answered the door and spoke to the out- resolution process to keep costs down. The have been hardest hit, there are newly insti- reach team was 73 percent, compared to 48 Office also should determine what incentives tuted state-court based mortgage foreclosure percent for families that received no such may be needed to encourage servicers to diversion programs that require conciliation outreach. The city also funds Community modify contracts. It may ultimately be ap- conferences between lenders and borrowers Legal Services to provide legal assistance to propriate for the government to offer before a foreclosure or sheriff sale may pro- distressed homeowners and training to the servicers a flat fee for each sustainable, af- ceed. In some places, there are hundreds of hundreds of volunteer attorneys who rep- fordable modification completed within a trained pro bono attorneys willing to help resent clients pro bono. certain time period to help cover their addi- homeowners. Homeowners need these pro- New York, New Jersey, Ohio, Connecticut tional costs. grams because, even though many states and Florida have similar programs. As I’ve Perhaps a more significant roadblock is have housing financing programs, home- noted, Pittsburgh is also adopting a fore- that servicers are worried they may be sued owners may not know about them and they closure diversion program. Common Pleas by some of the investors. Many servicers may not know that lenders may offer modi- Court Judge Annette Rizzo in Philadelphia still are thinking that it is best to simply fications. A recent policy paper by the Mort- testified that she has had many inquiries pursue foreclosures. Congress tried to ad- gage Bankers Association of America showed about the foreclosure diversion program dress this concern in the Housing and Eco- that borrowers in 21% of foreclosures initi- from numerous cities, states, and even from nomic Recovery Act of 2008 and again in the ated in the third quarter of 2007 either could Sweden. These are good developments, and Emergency Economic Stabilization Act, by not be located or would not respond to re- they should be nurtured. clarifying that, unless the contract or PSA peated attempts by lenders to contact them. That is what this legislation would do. It clearly provides otherwise, the duty owed by According to a report by Freddie Mac, 57 per- creates a federal Office of Foreclosure Eval- the servicer to investors is owed to the en- cent of late-paying borrowers do not know uation that will encourage and assist cities tire pool and not to any individual groups or that their lenders may offer alternatives to and states in adopting mortgage foreclosure tranches of investors, but the servicers still help avoid foreclosure. diversion programs. The Office will also con- appear to be reluctant or slow to modify. The October 17, 2008 Senate Judiciary Com- duct an informational campaign so that The concerns of the servicers or lenders mittee hearing I held in Pittsburgh explored homeowners learn of state and federal hous- may not be unfounded. Recently, lawyers Allegheny County’s foreclosure prevention ing finance programs that are available to claiming to represent investors are chal- program, which is at an early stage. The help them, as well as other resources such as lenging the settlement between Countrywide Philadelphia hearing I held on October 24, free counseling and legal representation by and 11 attorneys general; the settlement pro- 2008 explored a program that was adopted in community legal services groups and local poses to modify the loans of 400,000 bor- April 2008, and it appears to be working. In bar associations. rowers. An October 24, 2008 article in the New the Philadelphia Mortgage Foreclosure Di- The states and cities are making progress, York Times reported that certain hedge version Program’s first few months, there but federal assistance would help. The bill funds are opposing loan modifications be- were 1,019 mortgage foreclosure cases sched- permits certain HUD Community Block cause it might hurt their investments. At uled for conciliation conferences. In 467 cases Grant funds to be used for foreclosure pre- least two funds recently have warned (46%), borrowers did not participate. Of the vention programs that provide free coun- servicers that they might be sued if they 552 (54%) in which borrowers did participate, seling and legal aid. Currently those funds participated in government-backed plans to there was a ‘‘success’’ rate of 80%—meaning may only be used for rehabilitation of vacant renegotiate delinquent loans. Congress must

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24121 take action to protect homeowners who are of mortgages, stemming the tide of fore- ‘‘(i) were applied by substituting ‘4’ for ‘5’ getting caught in the middle. So far disputes closures. If a modified loan defaults later, each place it appears; and over loan modifications have been theo- the government would share up to half of the ‘‘(ii) did not include the requirement under retical because most mortgage servicers are losses. The proposal would be funded under paragraph (1)(A) thereof; or not aggressively altering the terms of loans, the $700 billion financial rescue package. I ‘‘(C) such a period would then be in effect but as a matter of public policy, we cannot spoke to Ms. Bair last week, and she esti- for such State under such Act if— let fear of tort and contract claims cause mates her proposal could reach up to 2.2 mil- ‘‘(i) section 203(f) of such Act were applied grave harm to consumers and the entire lion mortgages and enable 1.5 million home- to such State (regardless of whether the economy. owners to keep their homes. If effective, State by law had provided for such applica- The bill addresses the litigation threat by across-the-board rather than case-by-case tion); and requiring investors’ attorneys to conduct a modifications may be necessary. ‘‘(ii) such section 203(f)— careful inquiry into the factual and legal In the meantime, the Foreclosure Diver- ‘‘(I) were applied by substituting ‘6.0’ for bases of their claims, including consider- sion and Mortgage Loan Modification Act of ‘6.5’ in paragraph (1)(A)(i) thereof; and ation of the recent statutory clarification 2008 will encourage servicers to engage in ‘‘(II) did not include the requirement under that the servicer’s duty is to the entire pool greater numbers of case-by-case mortgage paragraph (1)(A)(ii) thereof. of investors or beneficial owners. The attor- modifications. This should be a goal those on ‘‘(3) LIMITATION.—The account of an indi- neys also would have to obtain, as a pre- both sides of the aisle can agree to. I urge vidual may be augmented not more than requisite to filing suit, a certification from my colleagues to support it. once under this subsection.’’. the new Office of Foreclosure Evaluation SEC. 104. PHASEOUT PROVISIONS. that the loan modifications in question were By Mr. REID: Section 4007(b) of the Supplemental Appro- unreasonable or not permitted by restric- S. 3688. A bill to provide for addi- priations Act, 2008 (26 U.S.C. 3304 note) is tions on Real Estate Mortgage Investment tional emergency unemployment com- amended— Conduits under the Internal Revenue Code. pensation, to amend the Emergency (1) in paragraph (1), by striking ‘‘paragraph This opinion would be admissible, but not Economic Stabilization Act of 2008 to (2),’’ and inserting ‘‘paragraphs (2) and (3),’’; conclusive. These administrative pre- authorize loans to automobile manu- and requisites should result in more uniformity, (2) by striking paragraph (2) and inserting guidance and clarity regarding applicable facturers and component suppliers, and the following: legal standards and best practices for for other purposes; read the first time. ‘‘(2) NO AUGMENTATION AFTER MARCH 31, servicers, taking into account the public in- Mr. REID. Mr. President, I ask unan- 2009.—If the amount established in an individ- terest and current threat to our economy imous consent that the text of the bill ual’s account under subsection (b)(1) is ex- posed by barriers to reasonable modification. be printed in the RECORD. hausted after March 31, 2009, then section This is not complete immunity from suit. If There being no objection, the text of 4002(c) shall not apply and such account shall the litigation threat continues to impede the bill was ordered to be placed in the not be augmented under such section, re- modifications, Congress may have to hold RECORD, as follows: gardless of whether such individual’s State is hearings to consider sufficient safeguards for in an extended benefit period (as determined servicers—taking into consideration the im- S. 3688 under paragraph (2) of such section). portance of having capital available for the Be it enacted by the Senate and House of Rep- ‘‘(3) TERMINATION.—No compensation under mortgage market. resentatives of the United States of America in this title shall be payable for any week be- In addition, although financial services in- Congress assembled, ginning after August 27, 2009.’’. dustry groups have criticized arbitrary TITLE I—UNEMPLOYMENT SEC. 105. TEMPORARY FEDERAL MATCHING FOR quotas in PSAs that limit the percentage of COMPENSATION THE FIRST WEEK OF EXTENDED loans in a pool that may be modified, some BENEFITS FOR STATES WITH NO SEC. 101. SHORT TITLE. PSAs do contain such quotas. These quotas WAITING WEEK. This title may be cited as the ‘‘Unemploy- may have seemed reasonable before the With respect to weeks of unemployment ment Compensation Extension Act of 2008’’. housing market crashed, but they do not beginning after the date of the enactment of make sense now, are against public policy SEC. 102. ADDITIONAL FIRST-TIER BENEFITS. this Act and ending on or before December 8, and, to the extent these quotas are less than Section 4002(b)(1) of the Supplemental Ap- 2009, subparagraph (B) of section 204(a)(2) of 25% of the total, they are rendered unen- propriations Act, 2008 (26 U.S.C. 3304 note) is the Federal-State Extended Unemployment forceable by this bill. amended— Compensation Act of 1970 (26 U.S.C. 3304 Finally, to ensure we have reliable data re- (1) in subparagraph (A), by striking ‘‘50’’ note) shall not apply. garding mortgage loan modifications, the and inserting ‘‘80’’; and SEC. 106. EFFECTIVE DATE. bill requires mortgage servicers to report de- (2) in subparagraph (B), by striking ‘‘13’’ (a) IN GENERAL.—The amendments made by tailed data to the Office of Foreclosure Eval- and inserting ‘‘20’’. sections 102, 103, and 104 shall apply as if in- uation. The bill also requires the Office to SEC. 103. SECOND-TIER BENEFITS. cluded in the enactment of the Supplemental submit reports to Congress. This data will Section 4002 of the Supplemental Appro- Appropriations Act, 2008, subject to sub- help the Office and Congress understand priations Act, 2008 (26 U.S.C. 3304 note) is section (b). whether voluntary efforts are sufficient, and amended by adding at the end the following: (b) ADDITIONAL BENEFITS.—In applying the what specific barriers there may be to case- ‘‘(c) SPECIAL RULE.— amendments made by sections 102 and 103, by-case loan modifications, including spe- ‘‘(1) IN GENERAL.—If, at the time that the any additional emergency unemployment cific provisions in pooling and service agree- amount established in an individual’s ac- compensation made payable by such amend- ments that may be impeding reasonable count under subsection (b)(1) is exhausted or ments (which would not otherwise have been steps to avoid foreclosures. at any time thereafter, such individual’s payable if such amendments had not been en- In the end, case-by-case loan modifications State is in an extended benefit period (as de- acted) shall be payable only with respect to may not be sufficient to appreciably slow the termined under paragraph (2)), such account any week of unemployment beginning on or rate of foreclosures, in which case the gov- shall be augmented by an amount equal to after the date of the enactment of this Act. ernment may have to consider other options. the lesser of— TITLE II—AUTOMOBILE INDUSTRY In that regard, I believe the proposal made ‘‘(A) 50 percent of the total amount of reg- EMERGENCY ASSISTANCE recently by Sheila Bair, the Chairman of the ular compensation (including dependents’ al- FDIC, deserves close consideration. Ms. lowances) payable to the individual during SEC. 201. DIRECT BRIDGE LOANS TO MANUFAC- TURERS AND SUPPLIERS. Bair’s proposal is based on the FDIC’s real the individual’s benefit year under the State (a) IN GENERAL.—The Emergency Eco- world experience with 5000 troubled mort- law, or nomic Stabilization Act of 2008 (division A of gages at IndyMac Bank, which the FDIC re- ‘‘(B) 13 times the individual’s average Public Law 110–343) is amended by adding at cently took over. Under the proposal, delin- weekly benefit amount (as determined under the end the following: quent homeowners would have their mort- subsection (b)(2)) for the benefit year. gage payments reduced to as low as 31 per- ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur- ‘‘TITLE IV—DIRECT BRIDGE LOAN cent of their monthly income. The modifica- poses of paragraph (1), a State shall be con- PROVISIONS tions would be based on interest rate reduc- sidered to be in an extended benefit period, ‘‘SEC. 401. FINDINGS. tions, extension of the term of the mortgage, as of any given time, if— ‘‘Congress finds that extraordinary and ex- and principal forbearance—in that order. The ‘‘(A) such a period is then in effect for such igent circumstances have prevented the same protocol would be applied to all delin- State under the Federal-State Extended Un- automobile industry from securing essential quent mortgages, rather than having a case- employment Compensation Act of 1970; credit and liquidity from other sources and by-case assessment of each mortgage. The ‘‘(B) such a period would then be in effect that the failure of the automobile industry Bair proposal may have the advantage of en- for such State under such Act if section to obtain such credit and liquidity will have abling rapid modification of large numbers 203(d) of such Act— a systemic adverse effect on the economy.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24122 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 ‘‘SEC. 402. PURPOSES. (1) or (2) of section 115(a), but with respect to the reported earnings of the recipient to en- ‘‘The purposes of this title are— the availability of which the reporting and hance the compensation of any of its em- ‘‘(1) to clarify that authority and facilities procedural requirements contained in para- ployees. are available to be used immediately by the graph (3) of such section and section 115(c) ‘‘(3) DEFINITIONS.—For purposes of this sub- Secretary to restore liquidity and stability shall not apply. section, the following definitions shall apply: to the automobile industry in the United ‘‘SEC. 405. TIMING OF DISBURSEMENTS. ‘‘(A) SENIOR EXECUTIVE OFFICER.—The term States; ‘‘(a) APPLICATIONS.—On and after the date ‘senior executive officer’ means an indi- ‘‘(2) to ensure that such authority and such that is 3 days after the date of enactment of vidual who is 1 of the top 5 most highly paid facilities are used in a manner that— this title, the Secretary shall accept applica- executives of a public company, whose com- ‘‘(A) stimulates manufacturing and sales of tions for loans under this title. pensation is required to be disclosed pursu- automobiles produced by automobile manu- ‘‘(b) DETERMINATION OF ELIGIBILITY.—Not ant to the Securities Exchange Act of 1934, facturers in the United States; later than 15 days after the date on which and any regulations issued thereunder, and ‘‘(B) enhances the ability and the capacity the Secretary receives an application for a non-public company counterparts. of the domestic automobile industry to pur- loan under subsection (a), the Secretary ‘‘(B) GOLDEN PARACHUTE PAYMENT.—The sue the timely and aggressive production of shall make a determination regarding the term ‘golden parachute payment’ means any energy-efficient advanced technology vehi- eligibility of the applicant, based on whether payment to a senior executive officer for de- cles; the applicant meets the requirements of sec- parture from a company for any reason. ‘‘(C) preserves and promotes the jobs of tion 403(a). ‘‘(f) PROHIBITION ON PAYMENT OF DIVI- ‘‘(c) DISBURSEMENT.—The Secretary shall 355,000 workers in the United States directly DENDS.—No common stock dividends may be employed by the automobile industry and an begin disbursement of the proceeds of a loan paid by any recipient of a loan under this under this title to an eligible applicant not additional 4,500,000 workers in the United title for the duration of the loan. later than 7 days after the date on which the States employed in related industries; and ‘‘SEC. 407. OVERSIGHT. ‘‘(D) safeguards the ability of the domestic Secretary receives a disbursal request from ‘‘(a) IN GENERAL.—The provisions of sec- automobile industry to provide retirement the applicant, upon a determination of the tions 105, 116, 121, and 125 shall apply with re- and health care benefits for 1,000,000 retirees Secretary that the applicant is eligible spect to any loans made under this title, to and their spouses and dependents; and under subsection (b). the extent possible, in the same manner and ‘‘(3) to reaffirm the purposes of section 2, ‘‘SEC. 406. TERMS AND CONDITIONS. to the same extent as such sections apply to which include providing the Secretary with ‘‘(a) TERM TO MATURITY.—The term to ma- transactions made under the authority of broad authority to restore liquidity and sta- turity of any loan made under this title shall title I.’’. bility to financial institutions, including be 10 years, or such longer period as the Sec- (b) TECHNICAL AND CONFORMING AMEND- automobile finance companies. retary may determine with respect to such loan. MENTS.— ‘‘SEC. 403. EMERGENCY DIRECT LOAN PROGRAM. ‘‘(b) RATE OF INTEREST.—The annual rate (1) TABLE OF CONTENTS.—The table of con- ‘‘(a) IN GENERAL.—The Secretary shall of interest for a loan under this title shall tents in section 1(b) of the Emergency Eco- make loans in an aggregate amount equal to be— nomic Stabilization Act of 2008 (division A of $25,000,000,000, to automobile manufacturers ‘‘(1) 5 percent during the 5-year period be- Public Law 110–343) is amended— and component suppliers that have— ginning on the date on which the Secretary (A) by inserting after the item relating to ‘‘(1) submitted an application for a loan disburses the loan; and section 3 the following new item: under this title that includes a statement of ‘‘(2) 9 percent after the end of the period ‘‘Sec. 4. References.’’ need for Government funding under this title described in paragraph (1). to prevent a systemic adverse effect on the ‘‘(c) WARRANTS AND DEBT INSTRUMENTS.— ; and United States economy; The Secretary may not make a loan under (B) by adding at the end the following: ‘‘(2) operated a manufacturing facility for this title unless the Secretary receives from ‘‘TITLE IV—DIRECT BRIDGE LOAN the purposes of producing automobiles or the automobile manufacturer or component PROVISIONS automobile components in the United States supplier a warrant or senior debt instrument throughout the 20-year period ending on the made in accordance with the requirements ‘‘Sec. 401. Findings. date of enactment of this title; and for a warrant or senior debt instrument by a ‘‘Sec. 402. Purposes. ‘‘(3) operations in the United States the financial institution under section 113(d). ‘‘Sec. 403. Emergency direct loan program. failure of which would have a systemic ad- ‘‘(d) NO PREPAYMENT PENALTY.—A loan ‘‘Sec. 404. Funding from third tranche; verse effect on the overall United States made under this title shall be prepayable treatment of loan amounts. economy, as determined by the Secretary. without penalty at any time. ‘‘Sec. 405. Timing of disbursements. ‘‘(b) ALLOCATION.—In allocating loan ‘‘(e) EXECUTIVE COMPENSATION.— ‘‘Sec. 406. Terms and conditions. amounts under this title, the Secretary shall ‘‘(1) STANDARDS REQUIRED.—The Secretary ‘‘Sec. 407. Oversight.’’ prioritize the distribution of loans under this shall require any recipient of a loan under ; and section based on the magnitude of the im- this title to meet appropriate standards for (2) REFERENCES.—The Emergency Eco- pact of the manufacturing operations of the executive compensation and corporate gov- nomic Stabilization Act of 2008 (division A of applicant in the United States on the overall ernance. Public Law 110–343) is amended by inserting economy of the United States and other seg- ‘‘(2) SPECIFIC REQUIREMENTS.—The stand- after section 3 the following new section: ments of the automobile industry, including ards established under paragraph (1) shall in- the impact on levels of employment, domes- clude the following: ‘‘SEC. 4. REFERENCES. tic manufacturing of automobiles and auto- ‘‘(A) Limits on compensation that exclude ‘‘Any reference— mobile components, and automobile dealer- incentives for senior executive officers of a ‘‘(1) in this division to ‘this Act’ or any ships. recipient of a loan under this title to take subdivision thereof is a reference to this di- ‘‘(c) PLAN FOR LONG-TERM FINANCIAL VIA- unnecessary and excessive risks that threat- vision A or any subdivision thereof; BILITY.—At the time of application for a loan en the value of such recipient during the pe- ‘‘(2) in division (B) to ‘this Act’ or any sub- under this title, an automobile manufacturer riod that the loan is outstanding. division thereof is a reference to division B or component supplier shall submit to the ‘‘(B) A provision for the recovery by such or any subdivision thereof; and Secretary a detailed plan on how the Govern- recipient of any bonus or incentive com- ‘‘(3) in division (C) to ‘this Act’ or any sub- ment funds requested will be utilized to en- pensation paid to a senior executive officer division thereof is a reference to division C sure the long-term financial posture of the based on statements of earnings, gains, or or any subdivision thereof.’’. company, and how such funds will stimulate other criteria that are later found to be ma- TITLE III—EMERGENCY TREATMENT automobile production in the United States terially inaccurate. SEC. 301. EMERGENCY TREATMENT. and improve the capacity of the company to ‘‘(C) A prohibition on such recipient mak- All provisions of this Act and the amend- pursue the timely and aggressive production ing any golden parachute payment to a sen- ments made by this Act are designated as an of energy-efficient advanced technology ve- ior executive officer during the period that emergency requirement and necessary to hicles. the loan under this title is outstanding. meet emergency needs pursuant to section ‘‘(D) A prohibition on such recipient pay- ‘‘SEC. 404. FUNDING FROM THIRD TRANCHE; 204(a) of S. Con. Res 21 (110th Congress), the TREATMENT OF LOAN AMOUNTS. ing or accruing any bonus or incentive com- concurrent resolution on the budget for fis- ‘‘The costs incurred by the Federal Gov- pensation during the period that the loan is cal year 2008. ernment in making loans under this title, in- outstanding to any executive whose annual cluding credit subsidy costs and administra- base compensation exceeds $250,000 (which tive expenses, shall be covered out of the amount shall be adjusted by the Secretary By Mr. REID (for himself and Mr. funds made available to the Secretary gen- for inflation). BYRD): erally under section 118 and, specifically, not ‘‘(E) A prohibition on any compensation S. 3689. A bill making supplemental from funds which are described in paragraph plan that could encourage manipulation of appropriations for job creation and

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24123 preservation, infrastructure invest- business program account, as follows: (c) Hereafter, in addition to any penalties ment, and economic and energy assist- $1,000,000,000 for business and industry guar- available under the Federal Meat Inspection ance for the fiscal year ending Sep- anteed loans. Act (21 U.S.C. 601 et seq.), the Secretary tember 30, 2009, and for other purposes; For an additional amount for the cost of shall impose penalties consistent with sec- guaranteed loans, including the cost of modi- tions 10414 and 10415 of the Animal Health read the first time. fying loans, as defined in section 502 of the Protection Act (7 U.S.C. 8313, 8314) on any es- Mr. REID. Mr. President, I ask unan- Congressional Budget Act of 1974, to remain tablishment that slaughters nonambulatory imous consent that the text of the bill available until expended, as follows: disabled cattle or prepares a carcass, part of be printed in the RECORD. $43,500,000 for business and industry guaran- a carcass, or meat or meat food product, There being no objection, the text of teed loans. from any nonambulatory disabled cattle, for the bill was ordered to be placed in the RURAL BUSINESS ENTERPRISE GRANTS use as human food. SEC. 1102. FARM RELIEF. (a) SHORT TITLE.— RECORD, as follows: For an additional amount for ‘‘Rural Busi- This section may be cited as the ‘‘Farm Re- S. 3689 ness Enterprise Grants’’, $40,000,000, to re- lief Act of 2008’’. main available until expended. Be it enacted by the Senate and House of Rep- (b) 2008 CROP DISASTER ASSISTANCE.—Sec- resentatives of the United States of America in RURAL DEVELOPMENT LOAN FUND PROGRAM tion 9001 of the U.S. Troop Readiness, Vet- Congress assembled, That the following sums ACCOUNT erans’ Care, Katrina Recovery, and Iraq Ac- are appropriated, out of any money in the For an additional amount for gross obliga- countability Appropriations Act, 2007 (Public Treasury not otherwise appropriated, for the tions for the principal amount of direct loans Law 110–28; 121 Stat. 211) is amended— fiscal year ending September 30, 2009, and for as authorized by the Rural Development (1) in subsection (a)— other purposes, namely: Loan Fund (42 U.S.C. 9812(a)), $30,000,000. (A) by striking ‘‘There are hereby’’ and in- TITLE I For an additional amount for the cost of serting the following: INFRASTRUCTURE, ENERGY, AND direct loans, including the cost of modifying ‘‘(1) IN GENERAL.—There are hereby’’; and ECONOMIC RECOVERY loans, as defined in section 502 of the Con- (B) by adding at the end the following: CHAPTER 1 gressional Budget Act of 1974, to remain ‘‘(2) 2008 CROP DISASTER ASSISTANCE.— available until expended, $12,600,000, for di- ‘‘(A) IN GENERAL.—There are hereby appro- DEPARTMENT OF AGRICULTURE rect loans as authorized by the Rural Devel- priated to the Secretary such sums as are FARM SERVICE AGENCY opment Loan Fund (42 U.S.C. 9812(a)). necessary, to remain available until ex- SALARIES AND EXPENSES RURAL UTILITIES SERVICE pended, to make emergency financial assist- ance under this section available to pro- For an additional amount for ‘‘Farm Serv- RURAL WATER AND WASTE DISPOSAL PROGRAM ducers on a farm that incurred qualifying ice Agency, Salaries and Expenses’’, for the ACCOUNT purpose of maintaining and modernizing the quantity or quality losses for the 2008 crop For an additional amount for the cost of information technology system, $171,700,000, due a natural disaster or any related condi- direct loans, loan guarantees, and grants for to remain available until expended. tion, as determined by the Secretary. the rural water, waste water, waste disposal, ‘‘(B) SUGAR AND SUGARCANE DISASTER AS- RURAL HOUSING SERVICE and solid waste management programs au- SISTANCE.— RURAL HOUSING INSURANCE PROGRAM ACCOUNT thorized by sections 306, 306A, 306C, 306D, and ‘‘(i) FLORIDA.—There are hereby appro- For an additional amount for gross obliga- 310B and described in sections 306C(a)(2), priated to the Secretary such sums as are tions for the principal amount of direct and 306D, and 381E(d)(2) of the Consolidated Farm necessary, to remain available until ex- guaranteed loans as authorized by title V of and Rural Development Act, $200,000,000, to pended, to make payments to processors in the Housing Act of 1949, to be available from remain available until expended. Florida that are eligible to obtain a loan funds in the rural housing insurance fund, as FOOD AND NUTRITION SERVICE under section 156(a) of the Federal Agri- follows: $171,000,000 for section 502 direct SPECIAL SUPPLEMENTAL NUTRITION PROGRAM culture Improvement and Reform Act of 1996 loans, and $3,000,000,000 for section 502 unsub- FOR WOMEN, INFANTS, AND CHILDREN (7 U.S.C. 7272(a)) to compensate first proc- sidized guaranteed loans. essors and producers for crop and other For an additional amount for the special For an additional amount for the cost of losses due a natural disaster or any related supplemental nutrition program as author- direct and guaranteed loans, including the condition, as determined by the Secretary, ized by section 17 of the Child Nutrition Act cost of modifying loans, as defined in section in Florida during calendar year 2008, by an of 1966 (42 U.S.C. 1786), $445,000,000. 502 of the Congressional Budget Act of 1974, agreement on the same terms and condi- to remain available until expended, as fol- SUPPLEMENTAL NUTRITION ASSISTANCE tions, to the maximum extent practicable, as lows: $11,500,000 for section 502 direct loans, PROGRAM the payments made under section 102 of the and $38,100,000 for section 502 unsubsidized For an additional amount for the Emer- Emergency Supplemental Appropriations for guaranteed loans. gency Food Assistance Program, as author- Hurricane Disasters Assistance Act of 2005 RURAL COMMUNITY FACILITIES PROGRAM ized by Section 4201 of Public Law 110–246, (Public Law 108–324; 118 Stat. 1235), including ACCOUNT $50,000,000, of which the Secretary may use that the 2008 base production of each har- For an additional amount for gross obliga- up to 10 percent for costs associated with the vesting unit shall be determined using the tions for the principal amount of direct and distribution of commodities. same base year crop production history that guaranteed loans and grants as authorized COMMODITY ASSISTANCE PROGRAM was used pursuant to the agreement under that section. by section 306 of the Consolidated Farm and For an additional amount for the Com- ‘‘(ii) LOUISIANA.— Rural Development Act, to be available from modity Supplemental Food Program, ‘‘(I) COMPENSATION FOR LOSSES.—There are the rural community facilities program ac- $8,218,000, to support additional food pur- hereby appropriated to the Secretary such count, as follows: $612,000,000 for rural com- chases. sums as are necessary, to remain available munity facilities direct loans; $130,000,000 for GENERAL PROVISIONS—THIS CHAPTER guaranteed rural community facilities loans; until expended, to make assistance available and $50,000,000 for rural community facilities SEC. 1101. (a) Hereafter, in this section, the to first processors of sugarcane that operate grants. term ‘‘nonambulatory disabled cattle’’ in a county affected by a natural disaster, or For an additional amount for the cost of means cattle, other than cattle that are less obtain sugarcane from a county affected by a direct loans, guaranteed loans, and grants, than 5 months old or weigh less than 500 natural disaster, in Louisiana and that are including the cost of modifying loans, as de- pounds, subject to inspection under section eligible to obtain a loan under section 156(a) fined in section 502 of the Congressional 3(b) of the Federal Meat Inspection Act (21 of the Federal Agriculture Improvement and Budget Act of 1974, to remain available until U.S.C. 603(b)) that cannot rise from a recum- Reform Act of 1996 (7 U.S.C. 7272(a)), in the expended, as follows: $35,000,000 for rural bent position or walk, including cattle with form of monetary payments or commodities community facilities direct loans; $4,000,000 a broken appendage, severed tendon or liga- in the inventory of the Commodity Credit for rural community facilities guaranteed ment, nerve paralysis, fractured vertebral Corporation derived from carrying out that loans; and $50,000,000 for rural community fa- column, or a metabolic condition. section, to compensate producers and first cilities grants. (b) Hereafter, none of the funds made avail- processors for crop and other losses due to able under this or any other Act may be used the natural disaster or any related condi- RURAL BUSINESS—COOPERATIVE SERVICE to pay the salaries or expenses of any per- tion, as determined by the Secretary. RURAL BUSINESS PROGRAM ACCOUNT sonnel of the Food Safety and Inspection ‘‘(II) ADMINISTRATION.—Assistance under For an additional amount for gross obliga- Service to pass through inspection any non- this clause shall be— tions for the principal amount of guaranteed ambulatory disabled cattle for use as human ‘‘(aa) shared by an affected first processor loans as authorized by section 310B(a)(2)(A) food, regardless of the reason for the non- with affected producers that provide com- of the Consolidated Farm and Rural Develop- ambulatory status of the cattle or the time modities to the processor in a manner that ment Act, to be available from the rural at which the cattle became nonambulatory. reflects contracts entered into between the

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24124 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 processor and the producers, except with re- allocated on a pro rata basis, based on total to accommodate return to flight activities, spect to a portion of the amount of total as- tons of feed for such animals consumed in $400,000,000, with such sums as determined by sistance provided under subclause (I) nec- such State in 2007. the Administrator of the National Aero- essary to compensate affected producers for (4) FUNDING.—There are hereby appro- nautics and Space Administration as avail- individual losses experienced by the pro- priated $50,000,000 to carry out this sub- able for transfer to ‘‘Science’’, ‘‘Aero- ducers, including losses due to saltwater in- section. nautics’’, ‘‘Exploration’’, and ‘‘Space Oper- trusion, flooding, wind damage, or increased CHAPTER 2 ations’’ for restoration of funds previously planting, replanting, or harvesting costs, reallocated to meet return to flight activi- DEPARTMENT OF COMMERCE which shall be transferred by the first proc- ties. ECONOMIC DEVELOPMENT ADMINISTRATION essor to the affected producers without re- RELATED AGENCY gard to contractual share arrangements; and ECONOMIC DEVELOPMENT ASSISTANCE LEGAL SERVICES CORPORATION ‘‘(bb) made available under such terms and PROGRAMS PAYMENT TO THE LEGAL SERVICES conditions as the Secretary determines are For an additional amount for ‘‘Economic necessary to carry out this clause. Development Assistance Programs’’ for eco- CORPORATION ‘‘(III) FORM OF ASSISTANCE.—In carrying nomic adjustment assistance as authorized For an additional amount for ‘‘Payment to out this clause, the Secretary shall— by section 209 of the Public Works and Eco- the Legal Services Corporation’’, $37,500,000, ‘‘(aa) convey to the first processor com- nomic Development Act of 1965, as amended to provide legal assistance related to home modities in the inventory of the Commodity (42 U.S.C. 3149), $50,000,000, to remain avail- ownership preservation, home foreclosure Credit Corporation derived from carrying out able until expended: Provided, That in allo- prevention, and tenancy associated fore- section 156(a) of the Federal Agriculture Im- cating funds provided in the previous pro- closure: Provided, That each limitation on provement and Reform Act of 1996 (7 U.S.C. viso, the Secretary of Commerce shall give expenditures, and each term or condition, 7272(a)); priority consideration to areas of the Nation that applies to funds appropriated to the ‘‘(bb) make monetary payments to the first that have experienced sudden and severe eco- Legal Services Corporation under the Con- processor; or nomic dislocation and job loss due to cor- solidated Appropriations Act of 2008 (Public ‘‘(cc) take any combination of actions de- porate restructuring. Law 110–61), shall apply to funds appro- scribed in items (aa) and (bb), using com- DEPARTMENT OF JUSTICE priated under this Act: Provided further, That modities or monetary payments. priority shall be given to entities and indi- ‘‘(IV) LOSS DETERMINATION.—In carrying UNITED STATES MARSHALS SERVICE viduals that (1) provide legal assistance in out this clause, the Secretary shall use the SALARIES AND EXPENSES the 100 metropolitan statistical areas (as de- same base year to determine crop loss that For an additional amount for ‘‘Salaries fined by the Director of the Office of Man- was elected by a producer to determine crop and Expenses’’, $50,000,000, for the United agement and Budget) with the highest home loss in carrying out the hurricane assistance States Marshals Service, to implement and foreclosure rates; and (2) have the capacity program under section 207 of the Agricul- enforce the Adam Walsh Child Protection to begin using the funds within 90 days of re- tural Assistance Act of 2003 (Public Law 108– and Safety Act (Public Law 109–248) to appre- ceipt of the funds. 7; 117 Stat. 543). hend non-compliant sex offenders. CHAPTER 3 ‘‘(iii) TEXAS.—There are hereby appro- FEDERAL BUREAU OF INVESTIGATION DEPARTMENT OF DEFENSE—CIVIL priated to the Secretary such sums as are necessary, to remain available until ex- SALARIES AND EXPENSES DEPARTMENT OF THE ARMY pended, to assist sugarcane growers in Texas For an additional amount for ‘‘Salaries CORPS OF ENGINEERS—CIVIL and Expenses’’, $75,000,000. by making a payment in that amount to a CONSTRUCTION farmer-owned cooperative sugarcane proc- OFFICE OF JUSTICE PROGRAMS For an additional amount for ‘‘Construc- essor in that State, for costs of demurrage, STATE AND LOCAL LAW ENFORCEMENT tion’’ for expenses necessary for the con- storage, and transportation resulting from ASSISTANCE struction of river and harbor, flood and natural disaster or any related condition For an additional amount for ‘‘State and storm damage reduction, shore protection, during calendar year 2008. Local Law Enforcement Assistance’’ Edward aquatic ecosystem restoration, and related ‘‘(C) RELATION TO SUPPLEMENTAL AGRICUL- Byrne Memorial Justice Assistance Grant projects authorized by law, $400,000,000, to re- TURAL DISASTER ASSISTANCE PROGRAM.—A main available until expended: Provided, producer on a farm that accepts assistance program as authorized by subpart 1 of part E That not less than $100,000,000 of the funds made available under this paragraph for a of title I of the Omnibus Crime Control and provided shall be for environmental infra- crop loss is not eligible to receive supple- Safe Street Act of 1968 (‘‘1968 Act’’), (except structure assistance: Provided further, That mental agricultural disaster assistance for that section 1001(c), and the special rules for not less than $75,000,000 of the funds provided that crop loss under subtitle B of the Federal Puerto Rico under section 505(g), of the 1968 shall be for rehabilitation of Corps of Engi- Crop Insurance Act (7 U.S.C. 1531) or title IX Act, shall not apply for purposes of this Act), neers owned or operated hydropower infra- of the Trade Act of 1974 (19 U.S.C. 2497 et $490,000,000. For an additional amount for ‘‘State and structure: Provided further, That 33 U.S.C. seq.).’’; and Local Law Enforcement Assistance’’, 2221 shall not apply to funds provided in this (2) in subsection (b), by striking ‘‘this sec- $100,000,000, for competitive grants to provide Act: Provided further, That notwithstanding tion’’ each place it appears and inserting assistance and equipment to local law en- any other provision of law, funds provided in ‘‘subsection (a)(1)’’. forcement along the Southern border and in this Act shall not be cost shared with the In- (c) AQUACULTURE GRANTS.— High-Intensity Drug Trafficking Areas to land Waterways Trust Fund as authorized in (1) IN GENERAL.—The Secretary of Agri- combat criminal narcotic activity stemming Public Law 99–662: Provided further, That culture shall make available grants under from the Southern border, of which funds provided in this Act may only be used this subsection to appropriate State depart- $15,000,000 shall be transferred to the ‘‘Bu- for programs, projects or activities pre- ments of agriculture (or other appropriate reau of Alcohol, Tobacco, Firearms and Ex- viously funded: Provided further, That funds State agencies) that agree to assist pro- plosives’’, ‘‘Salaries and Expenses’’ for the provided in this Act shall be used for ele- ducers of animals described in section ATF Project Gunrunner. ments of projects, programs or activities 10806(a)(1) of the Farm Security and Rural that can be completed within these funding Investment Act of 2002 (21 U.S.C. 321d(a)(1)) COMMUNITY ORIENTED POLICING SERVICES amounts and shall not create budgetary obli- injured by increased costs for animal feed For additional amount for ‘‘Community gations in future fiscal years: Provided fur- and that agree to comply with paragraph (2). Oriented Policing Services’’, for grants under ther, That the Secretary of the Army shall (2) ELIGIBILITY FOR GRANTS.—To be eligible section 1701 of title I of the 1968 Omnibus submit a report to the House and Senate Ap- to receive a grant under this subsection, the Crime Control and Safe Streets Act (42 propriations Committees within 45 days of State department of agriculture (or other ap- U.S.C. 379dd) for hiring and rehiring of addi- enactment of this Act, specifying the propriate State agency) shall— tional career law enforcement officers under projects, programs or activities that are to (A) agree to use the grants to distribute part Q of such title notwithstanding sub- be funded with these supplemental funds: feed assistance through animal feed pro- section (i) of such section, $500,000,000. Provided further, That these funds must be viders; and SCIENCE obligated no later than December 31, 2010. (B) agree to require such animal feed pro- NATIONAL AERONAUTICS AND SPACE viders to make such feed assistance available OPERATIONS AND MAINTENANCE ADMINISTRATION on a pro rata basis to active producers de- For an additional amount for ‘‘Operation scribed in paragraph (1) based on documented RETURN TO FLIGHT and Maintenance’’ for expenses necessary for feed use by such producers in 2007. For necessary expenses, not otherwise pro- the operation, maintenance, and care of ex- (3) FEED ASSISTANCE.—The Secretary shall vided for, in carrying out return to flight ac- isting river and harbor, flood and storm dam- make such grants available to such State de- tivities associated with the space shuttle and age reduction, aquatic ecosystem restora- partments of agriculture or other agencies activities from which funds were transferred tion, and related projects authorized by law,

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and for surveys and charting of northern and DEPARTMENT OF THE INTERIOR URANIUM ENRICHMENT DECONTAMINATION AND northwestern lakes and connecting waters, DECOMMISSIONING FUND BUREAU OF RECLAMATION clearing and straightening channels, and re- For an additional amount for ‘‘Uranium moval of obstructions to navigation, WATER AND RELATED RESOURCES Enrichment Decontamination and Decom- $500,000,000, to remain available until ex- For an additional amount for ‘‘Water and missioning Fund’’, $170,000,000, to remain pended, of which such sums as are necessary Related Resources’’ for management, devel- available until expended. to cover the Federal share of operation and opment, and restoration of water and related SCIENCE maintenance costs for coastal harbors and natural resources and for related activities, For an additional amount for ‘‘Science’’, channels, and inland harbors shall be derived including the operation, maintenance, and $175,000,000, to remain available until ex- from the Harbor Maintenance Trust Fund, rehabilitation and modification of reclama- pended. tion and other facilities, including improve- pursuant to Public Law 99–662; and of which ADVANCED BATTERY LOAN GUARANTEE ments or modification to provide environ- such sums as become available under section PROGRAM 217 of the Water Resources Development Act mental benefit, participation in fulfilling re- For the cost of guaranteed loans as author- lated Federal responsibilities to Native of 1996, Public Law 104–303, shall be used to ized by section 135 of the Energy Independ- Americans, and related grants to, and coop- cover the cost of operation and maintenance ence and Security Act of 2007 (Public Law erative and other agreements with, State of the dredged material disposal facilities for 110–140; 42 U.S.C. 17012), $1,000,000,000, to re- and local governments, federally recognized which fees have been collected: Provided, main available until expended: Provided, Indian tribes, and others, $200,000,000, to re- That not less than $150,000,000 of the funds That of such amount, $5,000,000 shall be used main available until expended: Provided, provided shall be used for dredging any au- for administrative expenses in carrying out That not less than $50,000,000 of the funds thorized inland and coastal waterways and the guaranteed loan program. ports to provide useful navigable widths and provided under this heading shall be used for ATOMIC ENERGY DEFENSE ACTIVITIES depths: Provided further, That not less than rural water projects and these funds should NATIONAL NUCLEAR SECURITY $25,000,000 of the funds provided shall be used be concentrated on water intake and treat- ADMINISTRATION for rehabilitation of public use areas at ment facilities: Provided further, That not Corps of Engineers projects and facilities: less than $5,000,000 of the funds provided WEAPONS ACTIVITIES Provided further, That $75,000,000 of the funds under this heading shall be used for a bu- For an additional amount for ‘‘Weapons reauwide program for inspection of canals in provided shall be used for maintenance ac- Activities’’, $100,000,000, to remain available urbanized areas: Provided further, That not tivities for Corps of Engineers owned or oper- until expended. less than $45,000,000 of the funds provided ated hydropower infrastructure: Provided fur- ENVIRONMENTAL AND OTHER DEFENSE under this heading shall be used for water ther, That funds provided in this Act may ACTIVITIES reclamation and reuse projects: Provided fur- only be used for programs, projects or activi- DEFENSE ENVIRONMENTAL CLEANUP ther, That not less than $15,000,000 of the ties previously funded: Provided further, That funds provided under this heading shall be For an additional amount for ‘‘Defense En- funds provided in this Act shall be used for for maintenance and rehabilitation of Bu- vironmental Cleanup’’, $800,000,000, to remain elements of projects, programs or activities reau of Reclamation owned or operated hy- available until expended. that can be completed within these funding dropower infrastructure: Provided further, GENERAL PROVISIONS—THIS CHAPTER amounts and shall not create budgetary obli- That funds provided in this Act may only be SEC. 1301. FUTUREGEN. (a) Subject to sub- gations in future fiscal years: Provided fur- used for programs, projects or activities pre- section (b), the Secretary of Energy shall re- ther, That the Secretary of the Army shall viously funded: Provided further, That funds instate and continue— submit a report to the House and Senate Ap- provided in this Act shall be used for ele- (1) the cooperative agreement numbered propriations Committees within 45 days of ments of projects, programs or activities DE–FC–26–06NT42073 (as in effect on May 15, enactment of this Act, specifying the that can be completed within these funding 2008); and projects, programs or activities that are to amounts and shall not create budgetary obli- (2) Budget Period 1, under such agreement, be funded with these supplemental funds: gations in future fiscal years: Provided fur- through July 31, 2009. Provided further, That these funds must be ther, That the Secretary of the Interior shall (b) During the period beginning on the date obligated no later than December 31, 2010. submit a report to the House and Senate Ap- of enactment of this Act and ending March propriations Committees within 45 days of 31, 2009— MISSISSIPPI RIVER AND TRIBUTARIES enactment of this Act, specifying the (1) The agreement described in subsection For an additional amount for ‘‘Mississippi projects, programs or activities that are to (a) may not be terminated except by the mu- River and Tributaries’’ for expenses nec- be funded with these supplemental funds: tual consent of the parties to the agreement; and essary for the flood damage reduction pro- Provided further, That these funds must be (2) Funds may be expended under the gram for the Mississippi River alluvial val- obligated no later than December 31, 2010. agreement only to complete and provide in- ley below Cape Girardeau, Missouri, as au- DEPARTMENT OF ENERGY formation and documentation to the Depart- thorized by law, $100,000,000, to remain avail- ENERGY EFFICIENCY AND RENEWABLE ENERGY ment of Energy. able until expended, of which such sums as SEC. 1302. Section 1222(g) of the Energy For an additional amount for ‘‘Energy Effi- are necessary to cover the Federal share of Policy Act of 2005 (Public Law 109–58; 42 ciency and Renewable Energy’’, $1,800,000,000, operation and maintenance costs for inland U.S.C. 16421) is amended by striking to remain available until expended: Provided, harbors shall be derived from the Harbor ‘‘$100,000,000’’ and inserting ‘‘$2,500,000,000’’. That of the funds appropriated, $500,000,000 is Maintenance Trust Fund, pursuant to Public CHAPTER 4 Law 99–662: Provided, That not less than directed to the Weatherization Assistance DEPARTMENT OF THE TREASURY $75,000,000 of the funds provided shall be uti- Program: Provided further, That of the funds lized for flood control, ecosystem restora- appropriated, not less than $300,000,000 is di- OFFICE OF INSPECTOR GENERAL tion, and backlog maintenance of facilities rected to advance battery technology re- SALARIES AND EXPENSES along the tributaries of the mainstem of the search, development, and demonstration: For an additional amount for ‘‘Salaries river eligible under this account: Provided Provided further, That of the funds appro- and Expenses’’, $10,550,000, to carry out the further, That funds provided in this Act may priated, $500,000,000 is directed to competi- provisions of the Inspector General Act of only be used for programs, projects or activi- tively awarded local government and tribal 1978, including material loss reviews in con- ties previously funded in Acts making appro- technology demonstration grants. junction with bank failures. priations for Energy and Water Develop- ELECTRICITY DELIVERY AND ENERGY COMMODITY FUTURES TRADING ment: Provided further, That funds provided RELIABILITY COMMISSION in this Act shall be used for elements of For an additional amount for ‘‘Electricity SALARIES AND EXPENSES projects, programs or activities that can be Delivery and Energy Reliability’’, For an additional amount to carry out the completed within these funding amounts and $140,000,000, to remain available until ex- provisions of the Commodity Exchange Act shall not create budgetary obligations in fu- pended: Provided, That funds shall be avail- (7 U.S.C. 1 et seq.), $13,100,000, of which ture fiscal years: Provided further, That the able for expenses related to smart grid tech- $8,000,000 shall remain available until Sep- Secretary of the Army shall submit a report nologies, critical energy facility process op- tember 30, 2010. to the House and Senate Appropriations eration systems, and cyber security of con- GENERAL SERVICES ADMINISTRATION Committees within 45 days of enactment of trol systems. this Act, specifying the projects, programs REAL PROPERTY ACTIVITIES or activities that are to be funded with these NON-DEFENSE ENVIRONMENTAL CLEANUP FEDERAL BUILDINGS FUND supplemental funds: Provided further, That For an additional amount for ‘‘Non-De- (LIMITATION ON AVAILABILITY) these funds must be obligated no later than fense Environmental Cleanup’’, $150,000,000, For an additional amount to be deposited December 31, 2010. to remain available until expended. in the Federal Buildings Fund, $547,639,000, to

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24126 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 be used by the Administrator of General nation in fees is offset by appropriations, nology’’, $303,000,000, to remain available Services for GSA real property activities; of with respect to each project or loan guaran- until expended; of which not less that which $201,000,000 shall be used for construc- teed by the Administrator under title V of $215,000,000 shall be for development and de- tion, repair and alteration of border inspec- the Small Business Investment Act of 1958 ployment of border security technology on tion facility projects for any previously (15 U.S.C. 695 et seq.) for which the applica- the Southwest border; and of which not less funded or authorized prospectus level tion is approved or pending approval on or than $88,000,000 shall be for procurement and project, for which additional funding is re- after the date of enactment of this Act— deployment of tactical communications quired, to expire on September 30, 2009 and (A) the Administrator shall, in lieu of the equipment and land mobile radios for the remain in the Federal Buildings Fund except fee otherwise applicable under section U.S. Border Patrol. for funds for projects as to which funds for 503(d)(2) of the Small Business Investment CONSTRUCTION design or other funds have been obligated in Act of 1958 (15 U.S.C. 697(d)(2)) for an institu- For an additional amount for ‘‘Construc- whole or in part prior to such date; and of tion described in subclause (I), (II), or (III) of tion’’, $100,000,000, to remain available until which $346,639,000 shall be used for the devel- section 502(3)(B)(i) of that Act (15 U.S.C. expended, to repair and construct inspection opment and construction of the St. Eliza- 696(3)(B)(i)), collect no fee; facilities at land border ports of entry. beths campus in the District of Columbia, to (B) a development company shall, in lieu of TRANSPORTATION SECURITY ADMINISTRATION remain available until expended and remain the mandatory 0.625 servicing fee under sec- AVIATION SECURITY in the Federal Buildings Fund except for tion 120.971(a)(3) of title 13, Code of Federal funds for projects as to which funds for de- Regulations (relating to fees paid by bor- For an additional amount for ‘‘Aviation sign or other funds have been obligated in rowers), or any successor thereto, collect no Security’’, $500,000,000, to remain available whole or in part prior to such date: Provided, fee; and until expended; of which $300,000,000 shall be That each of the foregoing limits of costs on (C) the Administrator shall, in lieu of the for procurement and installation of checked new construction projects may be exceeded fee otherwise applicable under section baggage explosives detection systems; and of to the extent that savings are effected in 503(d)(3) of the Small Business Investment which $200,000,000 shall be for checkpoint ex- other such projects, but not to exceed 10 per- Act (15 U.S.C. 697(d)(3)), collect no fee. plosives detection equipment: Provided, That no later than 90 days after the date of enact- cent of the amounts provided unless advance (2) REIMBURSEMENT FOR WAIVED FEES.— ment of this Act, the Secretary of Homeland approval is obtained from the Committees on (A) IN GENERAL.—To the extent the cost of Appropriations of a greater amount. such payments is offset by appropriations, Security shall provide the Committees on the Administrator shall reimburse each de- Appropriations of the Senate and the House SMALL BUSINESS ADMINISTRATION of Representatives a plan for the expenditure velopment company that does not collect a SALARIES AND EXPENSES of these funds. servicing fee pursuant to paragraph (1)(B). For an additional amount to be available COAST GUARD until September 30, 2010, $4,000,000 for mar- (B) AMOUNT.—The payment to a develop- ACQUISITION, CONSTRUCTION, AND keting, management, and technical assist- ment company under subparagraph (A) shall IMPROVEMENTS ance under section 7(m)(4) of the Small Busi- be in an amount equal to 0.5 percent of the ness Act (15 U.S.C. 636(m)(4)) by inter- outstanding principal balance of any guaran- For an additional amount for ‘‘Acquisition, mediaries that make microloans under the teed debenture for which the development Construction, and Improvements’’, Microloan program. company does not collect a servicing fee pur- $1,220,000,000, to remain available until ex- For an additional amount to be available suant to paragraph (1)(B). pended; of which $925,000,000 shall be for the until September 30, 2010, $15,000,000 for lender (c) TEMPORARY FEE ELIMINATION OF LENDER acquisition of a new polar icebreaker or for OVERSIGHT FEES.—Until September 30, 2010, oversight activities as authorized under sec- necessary expenses related to the service life and to the extent the cost of such elimi- tion 1401(c) of this Act. extension of existing Coast Guard polar ice- nation in fees is offset by appropriations, the breakers; of which $150,000,000 shall be for BUSINESS LOANS PROGRAM ACCOUNT Administrator shall, in lieu of the fee other- the National Security Cutter program; and For an additional amount for the cost of wise applicable under section 5(b)(14) of the of which $145,000,000 shall be for shore facili- direct loans, $1,000,000, to remain available Small Business Act (15 U.S.C. 634(b)(14)), col- ties and aids to navigation facilities: Pro- until September 30, 2010; and for an addi- lect no fee. vided, That no later than 90 days after the tional amount for the cost of guaranteed (d) TECHNICAL CORRECTION.—Section 7(a) of date of enactment of this Act, the Secretary loans, $615,000,000, to remain available until the Small Business Act (15 U.S.C. 636(a)) is of Homeland Security shall provide the Com- September 30, 2010: Provided, That of the amended by redesignating paragraph (32) re- mittees on Appropriations of the Senate and amount for the cost of guaranteed loans, lating to an increased veteran participation the House of Representatives a plan for the $515,000,000 shall be for loan subsidies and pilot program, as added by section 208 of the expenditure of these funds. loan modifications for loans to small busi- Military Reservist and Veteran Small Busi- ALTERATION OF BRIDGES ness concerns authorized under section ness Reauthorization and Opportunity Act of For an additional amount for alteration or 1401(a) of this Act; and $100,000,000 shall be 2008 (Public Law 110–186; 122 Stat. 631), as removal of obstructive bridges, as authorized for loan subsidies and loan modifications for paragraph (33). by section 6 of the Truman-Hobbs Act (33 loans to small business concerns authorized (e) APPLICATION OF FEE ELIMINATIONS.—The U.S.C. 516), $90,000,000, to remain available under section 1401(b) of this Act: Administrator shall eliminate fees under Provided until expended: Provided, That no later than further, That such costs, including the cost subsections (a), (b), and (c) until the amount provided for such purposes, as applicable, 90 days after the date of enactment of this of modifying such loans, shall be as defined Act, the Secretary of Homeland Security in section 502 of the Congressional Budget under the headings ‘‘Salaries and Expenses’’ and ‘‘Business Loans Program Account’’ shall provide the Committees on Appropria- Act of 1974. tions of the Senate and the House of Rep- ADMINISTRATIVE PROVISIONS—SMALL under the heading ‘‘Small Business Adminis- tration’’ under this Act are expended. resentatives an expenditure plan detailing BUSINESS ADMINISTRATION (f) DEFINITIONS.—In this section— how the Coast Guard will allocate the addi- SEC. 1401. ECONOMIC STIMULUS FOR SMALL (1) the terms ‘‘Administration’’ and ‘‘Ad- tional funds appropriated under this heading BUSINESS CONCERNS. (a) TEMPORARY FEE ministrator’’ mean the Small Business Ad- for bridges ready to proceed to construction. ELIMINATION FOR THE 7(A) LOAN PROGRAM.— ministration and the Administrator thereof, FEDERAL EMERGENCY MANAGEMENT AGENCY Until September 30, 2010, and to the extent respectively; and DISASTER ASSISTANCE DIRECT LOAN PROGRAM the cost of such elimination of fees is offset (2) the term ‘‘small business concern’’ has ACCOUNT by appropriations, with respect to each loan the same meaning as in section 3 of the Notwithstanding section 417(b) of the Rob- guaranteed under section 7(a) of Small Busi- Small Business Act (15 U.S.C. 632). ert T. Stafford Disaster Relief and Emer- ness Act (15 U.S.C. 636(a)) for which the ap- SEC. 1402. None of the funds made available gency Assistance Act, the amount of any plication is approved on or after the date of under this Act or any other appropriations such loan issued pursuant to this section for enactment of this Act, the Administrator Act for any fiscal year may be used by the major disasters occurring in calendar year shall— Small Business Administration to imple- 2008 may exceed $5,000,000, and may be equal (1) in lieu of the fee otherwise applicable ment the rule relating to women-owned to not more than 50 percent of the annual op- under section 7(a)(23)(A) of the Small Busi- small business Federal contract assistance erating budget of the local government in ness Act (15 U.S.C. 636(a)(23)(A)), collect no procedures published in the Federal Register any case in which that local government has fee; and on October 1, 2008 (73 Fed. Reg. 56940 et seq.). suffered a loss of 25 percent or more in tax (2) in lieu of the fee otherwise applicable CHAPTER 5 revenues. under section 7(a)(18)(A) of the Small Busi- DEPARTMENT OF HOMELAND SECURITY ness Act (15 U.S.C. 636(a)(18)(A)), collect no FEDERAL LAW ENFORCEMENT TRAINING fee. U.S. CUSTOMS AND BORDER PROTECTION CENTER (b) TEMPORARY FEE ELIMINATION FOR THE BORDER SECURITY, FENCING, INFRASTRUCTURE, ACQUISITION, CONSTRUCTION, IMPROVEMENTS, 504 LOAN PROGRAM.— AND TECHNOLOGY AND RELATED EXPENSES (1) IN GENERAL.—Until September 30, 2010, For an additional amount for ‘‘Border Se- For an additional amount for ‘‘Acquisition, and to the extent the cost of such elimi- curity, Fencing, Infrastructure, and Tech- Construction, Improvements, and Related

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24127 Expenses’’, $9,000,000, to remain available ing Fund, not to exceed 1.5 percent may be limited to polycythemia vera clusters; of until expended, for security upgrades to the set aside for grants to tribes pursuant to sec- which $21,000,000 shall be for the prevention Federal Law Enforcement Training Center’s tion 518(c) of the Federal Water Pollution of and response to medical errors including border-related training facilities. Water Control Act. research, education and outreach activities; CHAPTER 6 DEPARTMENT OF AGRICULTURE and of which $5,000,000 shall be for respond- ing to outbreaks of communicable diseases DEPARTMENT OF THE INTERIOR FOREST SERVICE related to the re-use of syringes in out- BUREAU OF LAND MANAGEMENT CAPITAL IMPROVEMENT AND MAINTENANCE patient clinics, including reimbursement of CONSTRUCTION For an additional amount for ‘‘Capital Im- local health departments for testing and ge- For an additional amount for ‘‘Construc- provement and Maintenance’’, $425,000,000, to netic sequencing of persons potentially ex- tion’’, $147,000,000, to remain available until remain available until September 30, 2010, for posed. deferred maintenance projects, which may September 30, 2010, of which $114,000,000 shall NATIONAL INSTITUTES OF HEALTH include remediation of abandoned mine sites: be for deferred maintenance projects, includ- OFFICE OF THE DIRECTOR ing the repair of earthen dams; of which Provided, That the Secretary shall utilize to (INCLUDING TRANSFER OF FUNDS) $15,000,000 shall be for restoration and reha- the maximum extent possible the Public bilitation of trails; and of which $18,000,000 Land Corps, the Youth Conservation Corps, For an additional amount for ‘‘Office of the shall be for remediation of abandoned mine and other related partnerships with State, Director’’, $1,000,000,000, which shall be trans- sites: Provided, That the Secretary shall uti- local, tribal or nonprofit groups that serve ferred to the Institutes and Centers of the lize to the maximum extent possible the young adults. National Institutes of Health and to the Public Land Corps, the Youth Conservation SMITHSONIAN INSTITUTION Common Fund established under section 402A(c)(1) of the Public Health Service Act in Corps, and other related partnerships with FACILITIES CAPITAL proportion to the appropriations otherwise State, local, tribal or nonprofit groups that For an additional amount for ‘‘Facilities serve young adults. made to such Institutes, Centers, and Com- Capital’’, $93,500,000, to remain available mon Fund for fiscal year 2008: Provided, That UNITED STATES FISH AND WILDLIFE SERVICE until September 30, 2010, for deferred mainte- funds shall be used to support additional sci- CONSTRUCTION nance projects. entific research and be available for the For an additional amount for ‘‘Construc- GENERAL PROVISION—THIS CHAPTER same purposes as the appropriation or fund tion’’, $88,000,000, to remain available until SEC. 1601. Notwithstanding any other pro- to which transferred: Provided further, That September 30, 2010, for refuge and hatchery vision of law, including section 152 of divi- this transfer authority is in addition to any deferred maintenance projects: Provided, sion A of H.R. 2638 (110th Congress), the Con- other transfer authority available to the Na- That the Secretary shall utilize to the max- solidated Security, Disaster Assistance, and tional Institutes of Health: Provided further, imum extent possible the Public Land Corps, Continuing Appropriations Act, 2009, the That none of these funds may be transferred the Youth Conservation Corps, and other re- terms and conditions contained in section to ‘‘National Institutes of Health—Buildings lated partnerships with State, local, tribal or 433 of division F of Public Law 110–161 shall and Facilities’’, the Center for Scientific Re- nonprofit groups that serve young adults. remain in effect for the fiscal year ending view, the Center for Information Tech- nology, the Clinical Center, the Global Fund NATIONAL PARK SERVICE September 30, 2009. CHAPTER 7 for HIV/AIDS, Tuberculosis and Malaria, or CONSTRUCTION the Office of the Director (except for the For an additional amount for ‘‘Construc- DEPARTMENT OF LABOR transfer to the Common Fund). EMPLOYMENT AND TRAINING ADMINISTRATION tion’’, $105,000,000, to remain available until ADMINISTRATION FOR CHILDREN AND FAMILIES September 30, 2010, of which $45,000,000 shall TRAINING AND EMPLOYMENT SERVICES CHILDREN AND FAMILIES SERVICES PROGRAMS be for deferred maintenance projects; of For an additional amount for ‘‘Training For an additional amount for ‘‘Children which $45,000,000 shall be for restoration and and Employment Services’’ under the Em- rehabilitation of trails; and of which and Families Services Programs’’ for car- ployment and Training Administration, rying out activities under sections 674 $15,000,000 shall be for remediation of aban- $600,000,000, for youth activities and dis- doned mine sites: Provided, That the Sec- through 679 of the Community Services located worker activities authorized by the Block Grant Act, $200,000,000, of which no retary shall utilize to the maximum extent Workforce Investment Act of 1998 (‘‘WIA’’): possible the Public Land Corps, the Youth part shall be subject to paragraph (3) of sec- Provided, That $300,000,000 shall be for youth tion 674(b) of such Act. Conservation Corps, and other related part- activities and available through June 30, nerships with State, local, tribal or non- 2009: Provided further, That $300,000,000 shall ADMINISTRATION ON AGING profit groups that serve young adults. be for dislocated worker employment and AGING SERVICES PROGRAMS UNITED STATES GEOLOGICAL SURVEY training activities and available for the pe- For an additional amount for ‘‘Aging Serv- SURVEYS, INVESTIGATIONS, AND RESEARCH riod July 1, 2008 through June 30, 2009: Pro- ices Programs’’, $60,000,000, of which For an additional amount for ‘‘Surveys, In- vided further, That no portion of funds avail- $40,750,000 shall be for Congregate Nutrition vestigations, and Research’’, $84,000,000, to able under this heading in this Act shall be Services and $19,250,000 shall be for Home-De- remain available until September 30, 2010, for reserved to carry out section 127(b)(1)(A), livered Nutrition Services. repair and restoration of facilities and other section 128(a), or section 133(a) of the WIA: OFFICE OF THE SECRETARY Provided further, That the work readiness deferred maintenance projects. PUBLIC HEALTH AND SOCIAL SERVICES performance indicator described in section EMERGENCY FUND BUREAU OF INDIAN AFFAIRS 136(b)(2)(A)(ii)(I) of the WIA shall be the only CONSTRUCTION measure of performance used to assess the (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Construc- effectiveness of the youth activities, and For an additional amount for the ‘‘Public tion’’, $200,000,000, to remain available until that the performance indicators in section Health and Social Services Emergency September 30, 2010, for repair and restoration 136(b)(2)(A)(i) of the WIA shall be the meas- Fund’’ to support activities related to coun- of bureau-operated facilities and other de- ures of performance used to assess the effec- tering potential biological, nuclear, radio- ferred maintenance projects. tiveness of the dislocated worker activities logical and chemical threats to civilian pop- ulations, and for other public health emer- ENVIRONMENTAL PROTECTION AGENCY funded with such funds: Provided further, That, notwithstanding any other provision gencies, $542,000,000: Provided, That STATE AND TRIBAL ASSISTANCE GRANTS of law, additional funds for youth activities $473,000,000 is for advanced research and de- For an additional amount for ‘‘State and provided by this Act shall be allotted as if velopment of medical countermeasures and Tribal Assistance Grants’’, $2,500,000,000, to the total amount of funding available for ancillary products: Provided further, That remain available until expended, of which youth activities in program year 2008 is less $50,000,000 is available to support the deliv- $1,750,000,000 shall be for making capitaliza- than $1,000,000,000. ery of medical countermeasures, of which up tion grants for the Clean Water State Re- DEPARTMENT OF HEALTH AND HUMAN to $20,000,000 may be made available to the volving Funds under title VI of the Federal SERVICES United States Postal Service to support such Water Pollution Control Act, as amended; delivery. CENTERS FOR DISEASE CONTROL AND and of which $750,000,000 shall be for making For an additional amount for the ‘‘Public PREVENTION capitalization grants for the Drinking Water Health and Social Services Emergency State Revolving Funds under section 1452 of DISEASE CONTROL, RESEARCH, AND TRAINING Fund’’ to prepare for and respond to an influ- the Safe Drinking Water Act, as amended: For an additional amount for ‘‘Disease enza pandemic, $363,000,000, for activities in- Provided, That none of these funds shall be Control, Research, and Training’’, $46,000,000, cluding the development and purchase of subject to State matching requirements: of which $20,000,000 shall be to continue and vaccine, antivirals, necessary medical sup- Provided further, That of the amount made expand investigations to determine the root plies, diagnostics, and other surveillance available for the Clean Water State Revolv- causes of disease clusters, including but not tools: Provided, That products purchased

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with these funds may, at the discretion of ‘‘(1) the Department of Labor shall include (B) REQUIRED USES.—The State educational the Secretary, be deposited in the Strategic and separately report on American Samoa agency shall use a portion of the reserved National Stockpile: Provided further, That and the Commonwealth of the Northern Mar- funds to establish or support a State-level notwithstanding section 496(b) of the Public iana Islands in its household surveys and es- database of public school facility inventory, Health Service Act, funds may be used for tablishment surveys; condition, design, and utilization. the construction or renovation of privately ‘‘(2) the Bureau of Economic Analysis of (C) STATE ENTITY ADMINISTRATION.—If the owned facilities for the production of pan- the Department of Commerce shall include State educational agency transfers funds to demic influenza vaccines and other biologics, and separately report on American Samoa a State entity described in paragraph (2)(A), where the Secretary finds such a contract and the Commonwealth of the Northern Mar- the State educational agency shall transfer necessary to secure sufficient supplies of iana Islands in its gross domestic product to such entity 0.75 of the amount reserved such vaccines or biologics: Provided further, data; and under this paragraph for the purpose of ad- That funds appropriated herein may be ‘‘(3) the Bureau of the Census of the De- ministering the distribution of grants under transferred to other appropriation accounts partment of Commerce shall include and sep- this subsection. of the Department of Health and Human arately report on American Samoa and the (2) RESERVATION FOR COMPETITIVE SCHOOL Services, as determined by the Secretary to Commonwealth of the Northern Mariana Is- REPAIR AND RENOVATION GRANTS TO LOCAL be appropriate, to be used for the purposes lands in its population estimates and demo- EDUCATIONAL AGENCIES.— specified in this sentence. graphic profiles from the American Commu- (A) IN GENERAL.—Subject to the reserva- DEPARTMENT OF EDUCATION nity Survey, tion under paragraph (1), of the funds allo- For carrying out section 1702 of this Act, with the same regularity and to the same ex- cated to a State educational agency under $2,500,000,000, which shall be available for ob- tent as the Department or each Bureau col- subsection (a)(2), the State educational agen- ligation from July 1, 2008 through September lects and reports such data for the 50 States. cy shall distribute 100 percent of such funds 30, 2009. In the event that the inclusion of American to local educational agencies or, if such SCHOOL IMPROVEMENT PROGRAMS Samoa and the Commonwealth of the North- State educational agency is not responsible For an additional amount for ‘‘School Im- ern Mariana Islands in such surveys and data for the financing of education facilities, the provement Programs’’, $36,000,000, for car- compilations requires time to structure and State educational agency shall transfer such rying out activities authorized by subtitle B implement, the Department of Labor, the funds to the State entity responsible for the of title VII of the McKinney-Vento Homeless Bureau of Economic Analysis, and the Bu- financing of education facilities (referred to Assistance Act: Provided, That the Secretary reau of the Census (as the case may be) shall in this section as the ‘‘State entity’’) for dis- shall make such funds available on a com- in the interim annually report the best tribution by such entity to local educational petitive basis to local educational agencies available data that can feasibly be secured agencies in accordance with this paragraph, that demonstrate a high need for such assist- with respect to such territories. Such in- to be used, consistent with subsection (c), for ance. terim reports shall describe the steps the De- school repair and renovation. partment or the respective Bureau will take (B) COMPETITIVE GRANTS TO LOCAL EDU- GENERAL PROVISIONS—THIS CHAPTER to improve future data collection in the ter- CATIONAL AGENCIES.—The State educational SEC. 1701. REPORT ON THE IMPACT OF PAST ritories to achieve comparability with the agency or State entity shall carry out a pro- AND FUTURE MINIMUM WAGE INCREASES. (a) IN data collected in the United States. The De- gram awarding grants, on a competitive GENERAL.—Section 8104 of the U.S. Troop partment of Labor, the Bureau of Economic basis, to local educational agencies for the Readiness, Veterans’ Care, Katrina Recov- Analysis, and the Bureau of the Census, to- purpose described in subparagraph (A). Of ery, and Iraq Accountability Appropriations gether with the Department of the Interior, the total amount available for distribution Act, 2007 (Public Law 110–28; 121 Stat. 189) is shall coordinate their efforts to achieve such to local educational agencies under this amended to read as follows: improvements.’’. paragraph, the State educational agency or ‘‘SEC. 8104. REPORT ON THE IMPACT OF PAST (b) EFFECTIVE DATE.—The amendment State entity, shall, in carrying out the grant AND FUTURE MINIMUM WAGE IN- made by this section shall take effect on the CREASES. competition— date of enactment of this Act. (i) award to high-need local educational ‘‘(a) STUDY.—Beginning on the date that is SEC. 1702. GRANTS FOR SCHOOL RENOVATION. agencies, in the aggregate, at least an 60 days after the date of enactment of this (a) ALLOCATION OF FUNDS.— Act, and every year thereafter until the min- amount which bears the same relationship to (1) RESERVATION.—From the funds appro- such total amount as the aggregate amount imum wage in the respective territory is priated to carry out this section for a fiscal $7.25 per hour, the Government Account- such high-need local educational agencies re- year, the Secretary shall reserve 1 percent to ceived under part A of title I of the Elemen- ability Office shall conduct a study to— provide assistance under this section to the ‘‘(1) assess the impact of the minimum tary and Secondary Education Act of 1965 (20 outlying areas and for payments to the Sec- U.S.C. 6311 et seq.) for fiscal year 2008 bears wage increases that occurred in American retary of the Interior to provide assistance Samoa and the Commonwealth of the North- to the aggregate amount received for such consistent with this section to schools fund- fiscal year under such part by all local edu- ern Mariana Islands in 2007 and 2008, as re- ed by the Bureau of Indian Education. Funds quired under Public Law 110–28, on the rates cational agencies in the State; reserved under this subsection shall be dis- of employment and the living standards of (ii) award to rural local educational agen- tributed by the Secretary among the out- workers, with full consideration of the other cies in the State, in the aggregate, at least lying areas and the Secretary of the Interior factors that impact rates of employment and an amount which bears the same relation- on the basis of their relative need, as deter- the living standards of workers such as infla- ship to such total amount as the aggregate mined by the Secretary, in accordance with tion in the cost of food, energy, and other amount such rural local educational agen- the purposes of this section. commodities; and cies received under such part for fiscal year (2) ALLOCATION TO STATE EDUCATIONAL ‘‘(2) estimate the impact of any further 2008 bears to the aggregate amount received AGENCIES.—After making the reservation de- wage increases on rates of employment and for such fiscal year under such part by all scribed in paragraph (1), from the remainder the living standards of workers in American local educational agencies in the State; and of the appropriated funds described in para- Samoa and the Commonwealth of the North- (iii) award the remaining funds to local ern Mariana Islands, with full consideration graph (1), the Secretary shall allocate to educational agencies not receiving an award of the other factors that may impact the each State educational agency serving a under clause (i) or (ii), including high-need rates of employment and the living stand- State an amount that bears the same rela- local educational agencies and rural local ards of workers, including assessing how the tion to the remainder for the fiscal year as educational agencies that did not receive profitability of major private sector firms the amount the State received under part A such an award. may be impacted by wage increases in com- of title I of such Act for fiscal year 2008 bears (C) CRITERIA FOR AWARDING GRANTS.—In parison to other factors such as energy costs to the amount all States received under such awarding competitive grants under this and the value of tax benefits. part for fiscal year 2008, except that no such paragraph, a State educational agency or ‘‘(b) REPORT.—No earlier than March 15, State educational agency shall receive less State entity shall take into account the fol- 2009, and not later than April 15, 2009, the than 0.5 percent of the amount allocated lowing criteria: Government Accountability Office shall under this paragraph. (i) PERCENTAGE OF POOR CHILDREN.—The transmit its first report to Congress con- (b) WITHIN-STATE ALLOCATIONS.— percentage of poor children 5 to 17 years of cerning the findings of the study required (1) ADMINISTRATIVE COSTS.— age, inclusive, in a local educational agency. under subsection (a). The Government Ac- (A) STATE EDUCATIONAL AGENCY ADMINIS- (ii) NEED FOR SCHOOL REPAIR AND RENOVA- countability Office shall transmit any subse- TRATION.—Except as provided in subpara- TION.—The need of a local educational agen- quent reports to Congress concerning the graph (C), each State educational agency cy for school repair and renovation, as dem- findings of a study required by subsection (a) may reserve not more than 1 percent of its onstrated by the condition of the public between March 15 and April 15 of each year. allocation under subsection (a)(2) or school facilities of the local educational ‘‘(c) ECONOMIC INFORMATION.—To provide $1,000,000, whichever is less, for the purpose agency. sufficient economic data for the conduct of of administering the distribution of grants (iii) FISCAL CAPACITY.—The fiscal capacity the study under subsection (a)— under this subsection. of a local educational agency to meet the

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needs of the local educational agency for re- (C) of paragraph (1), a local educational SEC. 1703. RESTORATION OF ACCESS TO NOMI- pair and renovation of public school facili- agency shall use Federal funds subject to NAL DRUG PRICING FOR CERTAIN CLINICS AND ties without assistance under this section, this subsection only to supplement the HEALTH CENTERS. (a) IN GENERAL.—Section including the ability of the local educational amount of funds that would, in the absence 1927(c)(1)(D) of the Social Security Act (42 agency to raise funds through the use of of such Federal funds, be made available U.S.C. §1396r-8(c)(1)(D)), as added by section local bonding capacity and otherwise. from non-Federal sources for school repair 6001(d)(2) of the Deficit Reduction Act of 2005 (iv) CHARTER SCHOOL ACCESS TO FUNDING.— and renovation. (Public Law 109–171), is amended— In the case of a local educational agency (d) QUALIFIED BIDDERS; COMPETITION.— (1) in clause (i)— that proposes to fund a repair or renovation Each local educational agency that receives (A) by redesignating subclause (IV) as sub- project for a charter school, the extent to funds under this section shall ensure that, if clause (VI); and which the school has access to funding for the local educational agency carries out re- (B) by inserting after subclause (III) the the project through the financing methods pair or renovation through a contract, any following: available to other public schools or local such contract process ensures the maximum ‘‘(IV) An entity that— educational agencies in the State. number of qualified bidders, including small, ‘‘(aa) is described in section 501(c)(3) of the (v) LIKELIHOOD OF MAINTAINING THE FACIL- minority, and women-owned businesses, Internal Revenue Code of 1986 and exempt ITY.—The likelihood that the local edu- through full and open competition. from tax under section 501(a) of such Act or cational agency will maintain, in good con- (e) REPORTING.— is State-owned or operated; and dition, any facility whose repair or renova- (1) LOCAL REPORTING.—Each local edu- ‘‘(bb) would be a covered entity described tion is assisted under this section. cational agency receiving funds made avail- in section 340(B)(a)(4) of the Public Health (D) MATCHING REQUIREMENT.— able under subsection (a)(2) shall submit a Service Act insofar as the entity provides (i) IN GENERAL.—A State educational agen- report to the State educational agency, at the same type of services to the same type of cy or State entity shall require local edu- such time as the State educational agency populations as a covered entity described in cational agencies to match funds awarded may require, describing the use of such funds such section provides, but does not receive under this subsection. for school repair and renovation. funding under a provision of law referred to (ii) MATCH AMOUNT.—The amount of a (2) STATE REPORTING.—Each State edu- in such section. match described in clause (i) may be estab- cational agency receiving funds made avail- ‘‘(V) A public or nonprofit entity, or an en- lished by using a sliding scale that takes able under subsection (a)(2) shall submit to tity based at an institution of higher learn- into account the relative poverty of the pop- the Secretary, not later than December 31, ing whose primary purpose is to provide ulation served by the local educational agen- 2010, a report on the use of funds received health care services to students of that insti- cy. under subsection (a)(2) and made available to tution, that provides a service or services de- (c) RULES APPLICABLE TO SCHOOL REPAIR local educational agencies for school repair scribed under section 1001(a) of the Public AND RENOVATION.—With respect to funds and renovation. Health Service Act.’’; and made available under this section that are (f) REALLOCATION.—If a State educational (2) by adding at the end the following used for school repair and renovation, the agency does not apply for an allocation of new clause: following rules shall apply: funds under subsection (a)(2) for a fiscal ‘‘(iv) RULE OF CONSTRUCTION.—Nothing in (1) PERMISSIBLE USES OF FUNDS.—School re- this subparagraph shall be construed to alter pair and renovation shall be limited to 1 or year, or does not use its entire allocation for any existing statutory or regulatory prohibi- more of the following: such fiscal year, then the Secretary may re- allocate the amount of the State educational tion on services with respect to an entity de- (A) EMERGENCY REPAIRS OR RENOVATIONS.— scribed in subclause (IV) or (V) of clause (i), Emergency repairs or renovations to public agency’s allocation (or the remainder there- including the prohibition set forth in section school facilities only to ensure the health of, as the case may be) for such fiscal year to 1008 of the Public Health Service Act.’’. and safety of students and staff, including— the remaining State educational agencies in (b) EFFECTIVE DATE.—The amendments (i) repairing, replacing, or installing roofs, accordance with subsection (a)(2). made by this section shall take effect as if windows, doors, electrical wiring, plumbing (g) DEFINITIONS.—For purposes of this sec- included in the amendment made by section systems, or sewage systems; tion: 6001(d)(2) of the Deficit Reduction Act of (ii) repairing, replacing, or installing heat- (1) CHARTER SCHOOL.—The term ‘‘charter 2005. ing, ventilation, or air conditioning systems school’’ has the meaning given the term in (including insulation); and section 5210 of the Elementary and Sec- CHAPTER 8 (iii) bringing public schools into compli- ondary Education Act of 1965 (20 U.S.C. DEPARTMENT OF DEFENSE ance with fire and safety codes. 7221i). MILITARY CONSTRUCTION, NAVY AND MARINE (B) MODIFICATIONS FOR COMPLIANCE WITH (2) HIGH-NEED LOCAL EDUCATIONAL AGEN- CORPS THE AMERICANS WITH DISABILITIES ACT OF CY.—The term ‘‘high-need local educational For an additional amount for ‘‘Military 1990.—School facilities modifications nec- agency’’ has the meaning given the term in Construction, Navy and Marine Corps’’, essary to render public school facilities ac- section 2102(3)(A) of such Act (20 U.S.C. $75,000,000, to remain available until ex- cessible in order to comply with the Ameri- 6602(3)(A)). pended, for the planning, design, and con- cans with Disabilities Act of 1990 (42 U.S.C. (3) LOCAL EDUCATIONAL AGENCY; SECRETARY; struction of child development centers: Pro- 12101 et seq.). STATE EDUCATIONAL AGENCY.—The terms vided, That notwithstanding any other provi- (C) MODIFICATIONS FOR COMPLIANCE WITH ‘‘local educational agency’’, ‘‘Secretary’’, sion of law, such funds may be obligated and SECTION 504 OF THE REHABILITATION ACT OF and ‘‘State educational agency’’ have the expended to carry out planning and design 1973.—School facilities modifications nec- meanings given the terms in section 9101 of and construction not otherwise authorized essary to render public school facilities ac- such Act (20 U.S.C. 7801). by law: Provided further, That within 30 days cessible in order to comply with section 504 (4) OUTLYING AREA.—The term ‘‘outlying of enactment of this Act, the Secretary of of the Rehabilitation Act of 1973 (29 U.S.C. area’’ has the meaning given the term in sec- the Navy shall submit to the Committees on 794). tion 1121(c) of such Act (20 U.S.C. 6331(c)). Appropriations of both Houses of Congress (D) ASBESTOS ABATEMENT OR REMOVAL.—As- (5) POOR CHILDREN.—The term ‘‘poor chil- an expenditure plan for funds provided under bestos abatement or removal from public dren’’ refers to children 5 to 17 years of age, this heading. school facilities. inclusive, who are from families with in- FAMILY HOUSING CONSTRUCTION, ARMY (E) CHARTER SCHOOL BUILDING INFRASTRUC- comes below the poverty line (as defined by TURE.—Renovation and repair needs related the Office of Management and Budget and re- For an additional amount for ‘‘Family to the building infrastructure of a charter vised annually in accordance with section Housing Construction, Army’’, $50,000,000, to school. 673(2) of the Community Services Block remain available until expended, for military (2) IMPERMISSIBLE USES OF FUNDS.—No Grant Act (42 U.S.C. 9902(2)) applicable to a family housing construction and improve- funds received under this section may be family of the size involved for the most re- ments: Provided, That notwithstanding any used for— cent fiscal year for which data satisfactory other provision of law, such funds may be ob- (A) payment of maintenance costs in con- to the Secretary are available. ligated and expended to carry out planning nection with any projects constructed in (6) RURAL LOCAL EDUCATIONAL AGENCY.— and design and construction not otherwise whole or part with Federal funds provided The term ‘‘rural local educational agency’’ authorized by law: Provided further, That under this section; means a local educational agency that the within 30 days of enactment of this Act, the (B) the construction of new facilities; or State determines is located in a rural area Secretary of the Army shall submit to the (C) stadiums or other facilities primarily using objective data and a commonly em- Committees on Appropriations of both used for athletic contests or exhibitions or ployed definition of the term ‘‘rural’’. Houses of Congress an expenditure plan for other events for which admission is charged (7) STATE.—The term ‘‘State’’ means each funds provided under this heading. to the general public. of the several states of the United States, FAMILY HOUSING CONSTRUCTION, AIR FORCE (3) SUPPLEMENT, NOT SUPPLANT.—Excluding the District of Columbia, and the Common- For an additional amount for ‘‘Family the uses described in subparagraphs (B) and wealth of Puerto Rico. Housing Construction, Air Force’’,

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$125,000,000, to remain available until ex- (c) PAYMENTS.— Secretary in support of the President’s budg- pended, for military family housing con- (1) IN GENERAL.—During the one-year pe- et for each fiscal year in which payments are struction and improvements: Provided, That riod beginning on the date of the enactment made from the compensation fund under this notwithstanding any other provision of law, of this Act, the Secretary shall make a pay- section, detailed information on the oper- such funds may be obligated and expended to ment to an eligible person who, during such ation of the compensation fund, including carry out planning and design and construc- period, submits to the Secretary an applica- the number of applicants, the number of eli- tion not otherwise authorized by law: Pro- tion containing such information and assur- gible persons receiving benefits, the amounts vided further, That within 30 days of enact- ances as the Secretary may require. paid out of the compensation fund, and the ment of this Act, the Secretary of the Air (2) PAYMENT TO SURVIVING SPOUSE.—If an administration of the compensation fund. Force shall submit to the Committees on Ap- eligible person dies during the period de- (k) REGULATIONS.—Not later than 90 days propriations of both Houses of Congress an scribed in paragraph (1) before payment is after the date of the enactment of this Act, expenditure plan for funds provided under made to the eligible person under this sec- the Secretary shall prescribe regulations to this heading. tion, the payment otherwise to be made to carry out this section. (l) AUTHORIZATION OF APPROPRIATION.— GENERAL PROVISION—THIS CHAPTER the eligible person under this section shall There is authorized to be appropriated to the be made instead to the surviving spouse of SEC. 1801. PAYMENTS TO ELIGIBLE PERSONS compensation fund $198,000,000, to remain the eligible person. WHO SERVED IN THE UNITED STATES ARMY available until expended, to make payments (d) ELIGIBLE PERSONS.—An eligible person FORCES IN THE FAR EAST DURING WORLD WAR under this section. II. (a) FINDINGS.—Congress makes the fol- is any person who served— CHAPTER 9 lowing findings: (1) before July 1, 1946, in the organized (1) The Philippine islands became a United military forces of the Government of the DEPARTMENT OF TRANSPORTATION States possession in 1898 when they were Commonwealth of the Philippines, while FEDERAL AVIATION ADMINISTRATION ceded from Spain following the Spanish- such forces were in the service of the Armed SUPPLEMENTAL DISCRETIONARY GRANTS FOR American War. Forces of the United States pursuant to the AIRPORT INVESTMENT (2) During World War II, Filipinos served in military order of the President dated July For an additional amount for capital ex- a variety of units, some of which came under 26, 1941, including among such military penditures authorized under section 47102(3) the direct control of the United States forces organized guerrilla forces under com- of title 49, United States Code, $500,000,000: Armed Forces. manders appointed, designated, or subse- Provided, That the Secretary of Transpor- (3) The regular Philippine Scouts, the new quently recognized by the Commander in tation shall distribute funds provided under Philippine Scouts, the Guerilla Services, and Chief, Southwest Pacific Area, or other com- this heading as discretionary grants to air- more than 100,000 members of the Philippine petent authority in the Army of the United ports that demonstrate to his or her satisfac- Commonwealth Army were called into the States; or tion their ability to obligate these funds service of the United States Armed Forces of (2) in the Philippine Scouts under section within 180 days of the date of such distribu- the Far East on July 26, 1941, by an executive 14 of the Armed Forces Voluntary Recruit- tion and shall serve to supplement and not order of President Franklin D. Roosevelt. ment Act of 1945 (59 Stat. 538). supplant planned expenditures from airport- (4) Even after hostilities had ceased, war- (e) PAYMENT AMOUNTS.—Each payment generated revenues or from other State and time service of the new Philippine Scouts under this section shall be— local sources on such activities: Provided fur- continued as a matter of law until the end of (1) in the case of an eligible person who is ther, That no funds provided under this head- 1946, and the force gradually disbanded and not a citizen of the United States, in the ing shall be used for activities not identified was disestablished in 1950. amount of $9,000; and on an airport layout plan: Provided further, (5) Filipino veterans who were granted ben- (2) in the case of an eligible person who is That the Federal share payable of the costs efits prior to the enactment of the so-called a citizen of the United States, in the amount for which a grant is made under this heading Rescissions Acts of 1946 (Public Laws 79–301 of $15,000. shall be 100 percent: Provided further, That (f) LIMITATION.—The Secretary may not and 79–391) currently receive full benefits the amount made available under this head- make more than one payment under this sec- under laws administered by the Secretary of ing shall not be subject to any limitation on tion for each person described in subsection Veterans Affairs, but under section 107 of obligations for the Grants-in-Aid for Air- (d). title 38, United States Code, the service of ports program set forth in any Act: Provided (g) CLARIFICATION OF TREATMENT OF PAY- further, That projects conducted using funds certain other Filipino veterans is deemed MENTS UNDER CERTAIN LAWS.—Amounts paid provided under this heading must comply not to be active service for purposes of such to a person under this section— with the requirements of subchapter IV of laws. (1) shall be treated for purposes of the in- chapter 31 of title 40, United States Code. (6) These other Filipino veterans only re- ternal revenue laws of the United States as ceive certain benefits under title 38, United damages for human suffering; and FEDERAL HIGHWAY ADMINISTRATION States Code, and, depending on where they (2) shall not be included in income or re- SUPPLEMENTAL GRANTS TO STATES FOR legally reside, are paid such benefit amounts sources for purposes of determining— FEDERAL-AID HIGHWAY INVESTMENT at reduced rates. (A) eligibility of an individual to receive For an additional amount for restoration, (7) The benefits such veterans receive in- benefits described in section 3803(c)(2)(C) of repair, construction and other activities eli- clude service-connected compensation bene- title 31, United States Code, or the amount gible under paragraph (b) of section 133 of fits paid under chapter 11 of title 38, United of such benefits; or title 23, United States Code, $10,000,000,000: States Code, dependency indemnity com- (B) eligibility of an individual to receive Provided, That the Secretary of Transpor- pensation survivor benefits paid under chap- benefits under title II or VIII of the Social tation shall transfer $2,000,000 to the Inspec- ter 13 of title 38, United States Code, and Security Act, or the amount of such benefits. tor General of the Department of Transpor- burial benefits under chapters 23 and 24 of (h) RELEASE.— tation for costs associated with audits and title 38, United States Code, and such bene- (1) IN GENERAL.—Except as provided in investigations of projects and activities car- fits are paid to beneficiaries at the rate of paragraph (2), the acceptance by an eligible ried out with funds made available to the De- $0.50 per dollar authorized, unless they law- person of a payment under this section shall partment of Transportation in this Act: Pro- fully reside in the United States. be final, and shall constitute a complete re- vided further, That after making such trans- (8) Dependents’ educational assistance lease of any claim against the United States fer, the remaining funds provided under this under chapter 35 of title 38, United States by reason of any service described in sub- heading shall be apportioned to States using Code, is also payable for the dependents of section (d). the formula set forth in section 104(b)(3) of such veterans at the rate of $0.50 per dollar (2) PAYMENT OF PREVIOUSLY AWARDED BENE- such title: Provided further, That funding pro- authorized, regardless of the veterans’ resi- FITS.—Nothing in this section shall prohibit vided under this heading shall be in addition dency. a person from receiving any benefit to which to any and all funds provided for fiscal years (b) COMPENSATION FUND.— the person is entitled based on a claim for 2008 and 2009 in any other Act for ‘‘Federal- (1) IN GENERAL.—There is in the general which benefits are awarded before the date of aid Highways’’ and shall not affect the dis- fund of the Treasury a fund to be known as the enactment of this Act, including on a tribution of funds provided for ‘‘Federal-aid the ‘‘Filipino Veterans Equity Compensation claim for medical care and nursing care ben- Highways’’ in any other Act: Provided fur- Fund’’ (in this section referred to as the efits, burial benefits, and any other benefits ther, That the Secretary of Transportation ‘‘compensation fund’’). to which the person is entitled by law. shall institute measures to ensure that funds (2) AVAILABILITY OF FUNDS.—Subject to the (i) RECOGNITION OF SERVICE.—The service provided under this heading shall be obli- availability of appropriations for such pur- of a person as described in subsection (d) is gated within 180 days of the date of their ap- pose, amounts in the compensation fund hereby recognized as active military service portionment: Provided further, That 180 days shall be available to the Secretary of Vet- in the Armed Forces for purposes of, and to following the date of such apportionment, erans Affairs without fiscal year limitation the extent provided in, this section. the Secretary shall withdraw and redis- to make payments to eligible persons in ac- (j) REPORTS.—The Secretary shall include, tribute any unobligated funds utilizing what- cordance with this section. in documents submitted to Congress by the ever method he or she deems appropriate to

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That the Secretary may also give thereof: Provided further, That the amount said Board of Directors shall certify to the priority to projects that require additional made available under this heading shall not House and Senate Committees on Appropria- capital to complete development trans- be subject to any limitation on obligations tions in writing their compliance with the actions stalled by changes in the low-income for Federal-aid highways or highway safety preceding proviso: Provided further, That not housing tax credit and housing bond mar- construction programs set forth in any Act: more than 50 percent of the funds provided kets: Provided further, That the Secretary Provided further, That projects conducted under this heading may be used for capital shall not provide any additional priority to using funds provided under this heading projects along the Northeast Corridor. any housing agency that is under the receiv- must comply with the requirements of sub- FEDERAL TRANSIT ADMINISTRATION ership of the Department and no housing chapter IV of chapter 31 of title 40, United agency shall receive more than 5 percent of SUPPLEMENTAL DISCRETIONARY GRANTS FOR States Code: Provided further, That for the the total amount provided: Provided further, PUBLIC TRANSIT INVESTMENT purposes of the definition of States for this That notwithstanding any other provision of paragraph, sections 101(a)(32) of title 23, For an additional amount for capital ex- law, the Secretary shall institute measures United States Code, shall apply. penditures authorized under section to ensure that funds provided under this 5302(a)(1) of title 49, United States Code, SUPPLEMENTAL GRANTS TO STATES FOR FERRY paragraph shall be obligated within 180 days $2,500,000,000: Provided, That the Secretary of TRANSPORTATION INVESTMENT of the date of enactment of this Act and Transportation shall apportion funds pro- For an additional amount for capital ex- shall serve to supplement and not supplant vided under this heading based on the for- expenditures from other Federal, State, or penditures eligible under section 147 of title mula set forth in subsections (a) through (c) 23, United States Code, $60,000,000: Provided, local sources: Provided further, That in ad- of section 5336 of title 49, United States Code: ministering funds provided in this para- That the Secretary of Transportation shall Provided further, That the Secretary shall distribute funds provided under this heading graph, the Secretary may waive any provi- take such measures necessary to ensure that sion of any statute or regulation that the as discretionary grants to States, with the the minimum amount of funding distributed highest priority given to those projects that Secretary administers in connection with under this heading to any individual transit the obligation by the Secretary or the use by demonstrate to his or her satisfaction their authority shall not be less than $100,000: Pro- ability to obligate these funds within 180 the recipient of these funds (except for re- vided further, That the Secretary of Trans- quirements related to fair housing, non- days of the date of such distribution: Pro- portation shall institute measures to ensure vided further, That the Federal share payable discrimination, labor standards, and the en- that funds provided under this heading shall vironment), upon a finding that such waiver of the costs for which a grant is made under be obligated within 180 days of the date of this heading shall be 100 percent: Provided is required to facilitate the timely use of their apportionment: Provided further, That such funds. further, That the amount made available 180 days following the date of such appor- under this heading shall not be subject to tionment, the Secretary shall withdraw and SUPPLEMENTAL GRANTS TO PUBLIC HOUSING any limitation on obligations for the Fed- redistribute any unobligated funds utilizing AGENCIES FOR EXTRAORDINARY ENERGY COSTS eral-aid highways or highway safety con- whatever method he or she deems appro- For an additional amount for discretionary struction programs set forth in any Act: Pro- priate to ensure that all funds provided grants to public housing agencies for oper- vided further, That projects conducted using under this paragraph shall be obligated ating expenses permitted under section 9(e) funds provided under this heading must com- promptly: Provided further, That the Sec- of the United States Housing Act of 1937 (42 ply with the requirements of subchapter IV retary of Transportation shall make such U.S.C. 1437g(e)), $200,000,000: Provided, That of chapter 31 of title 40, United States Code. funds available to pay for operating expenses funding provided under this heading shall be FEDERAL RAILROAD ADMINISTRATION to the extent that a transit authority dem- used to cover extraordinary energy costs: SUPPLEMENTAL GRANTS TO STATES FOR onstrates to his or her satisfaction that such Provided further, That to be eligible for such INTERCITY PASSENGER RAIL SERVICE funds are necessary to continue current serv- grants, public housing agencies must dem- For an additional amount for grants to ices or expand such services to meet in- onstrate to the satisfaction of the Secretary States to pay for the cost of projects de- creased ridership: Provided further, That the a significant increase in energy costs associ- scribed in paragraph (2)(A) and (2)(B) of sec- Federal share of the costs for which a grant ated with operating and maintaining public tion 24401 and subsection (b) of section 24105 is made under this heading shall be 100 per- housing: Provided further, That notwith- of title 49, United States Code, $100,000,000: cent: Provided further, That the amount made standing any other provision of law, the Sec- Provided, That to be eligible for assistance available under this heading shall not be retary shall institute measures to ensure under this paragraph, the specific project subject to any limitation on obligations for that funds provided under this paragraph must be on the Statewide Transportation transit programs set forth in any Act: Pro- shall be allocated to those public housing Improvement Plan at the time of the appli- vided further, That the funds appropriated agencies most in need of such assistance and cation to qualify: Provided further, That the under this heading shall be subject to section that such funds shall be obligated within 180 Secretary of Transportation shall give pri- 5333(a) of title 49, United States Code but days of the date of enactment of this Act: ority to projects that demonstrate an ability shall not be comingled with funds available Provided further, That in administering funds to obligate funds within 180 days of the date under the Formula and Bus Grants account. provided in this paragraph, the Secretary may waive any provision of any statute or of enactment of this Act and to projects that MARITIME ADMINISTRATION improve the safety and reliability of inter- regulation that the Secretary administers in SUPPLEMENTAL GRANTS FOR ASSISTANCE TO city passenger trains: Provided further, That connection with the obligation by the Sec- SMALL SHIPYARDS the Federal share payable of the costs for retary or the use by the recipient of these which a grant is made under this heading For an additional amount to make grants funds (except for requirements related to fair shall be 100 percent: Provided further, That to qualified shipyards as authorized under housing, nondiscrimination, labor standards projects conducted using funds provided section 3506 of Public Law 109–163 or section and the environment), upon a finding that under this heading must comply with the re- 54101 of title 46, United States Code, such a waiver is required to facilitate the quirements of subchapter IV of chapter 31 of $60,000,000: Provided, That the Secretary of timely use of such funds. Transportation shall institute measures to title 40, United States Code. HOUSING ASSISTANCE FOR TENANTS DISPLACED ensure that funds provided under this head- SUPPLEMENTAL CAPITAL GRANTS TO THE BY FORECLOSURE ing shall be obligated within 180 days of the NATIONAL RAILROAD PASSENGER CORPORATION date of their distribution. For an additional amount to provide relo- For an additional amount for the imme- cation and temporary housing assistance to DEPARTMENT OF HOUSING AND URBAN diate investment in capital projects nec- individuals and families that rent dwelling DEVELOPMENT essary to maintain and improve national units that have been foreclosed upon, or are intercity passenger rail service, $400,000,000: SUPPLEMENTAL GRANTS TO PUBLIC HOUSING in default and where foreclosure is immi- Provided, That funds made available under AGENCIES FOR CAPITAL NEEDS nent, $575,000,000: Provided, That the Sec- this heading shall be allocated directly to For an additional amount for discretionary retary of Housing and Urban Development the corporation for the purpose of immediate grants to public housing agencies for capital shall establish a formula to allocate investment in capital projects including the expenditures permitted under section 9(d)(1) amounts made available under this heading rehabilitation of rolling stock for the pur- of the United States Housing Act of 1937, as to States and units of general local govern- pose of expanding passenger rail capacity: amended, $700,000,000: Provided, That in allo- ment (as such terms are defined in section Provided further, that the Board of Directors cating discretionary grants under this para- 102 of the Housing and Community Develop- shall take measures to ensure that funds graph, the Secretary of Housing and Urban ment Act of 1974 (42 U.S.C. 5302)): Provided

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24132 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 further, That in developing the formula, the or in the navigable airspace of, any such air- consolidated block grants for Puerto Rico Secretary shall consider areas with the port for the purpose of the auction, sale or and American Samoa under section 19 of the greatest need based on the number and per- lease of such rights, authorizations or per- Food and Nutrition Act of 2008 (7 U.S.C. centage of rental properties in default or de- missions, or the imposition by the Secretary 2028). linquency and the greatest number and per- or Administrator of any charge or fee for (d) FUNDING.—There are hereby appro- centage of rental properties in foreclosure: such rights, authorization or permission. priated to the Secretary such sums as are Provided further, That grantees shall dem- SEC. 1903. (a) SURVEY.—Not later than 60 necessary to carry out this section, to re- onstrate their ability to coordinate with days after the date of enactment of this Act, main available until September 30, 2010. local Continuums of Care and their ability to the Secretary of Commerce shall conduct a TITLE III—STATE FISCAL RELIEF survey to estimate, for any area for which serve tenants who are least likely to obtain SEC. 3001. TEMPORARY INCREASE OF MEDICAID stable, affordable housing upon eviction, in- the President declared a major disaster (as FMAP. cluding families with children: Provided fur- defined in section 102 of the Robert T. Staf- (a) PERMITTING MAINTENANCE OF FISCAL ther, That funding made available under this ford Disaster Relief and Emergency Assist- YEAR 2008 FMAP FOR FISCAL YEAR 2009.—Sub- heading may be used for temporary rental ance Act (42 U.S.C. 5122)) during 2008, the ject to subsections (d), (e), and (f), if the assistance, first and last month’s rent, secu- total economic output lost, Federal assist- FMAP determined without regard to this rity deposit, case management services, or ance provided, and economic revitalization section for a State for fiscal year 2009 is less other appropriate services necessary to as- funds needed to recover from the major dis- than the FMAP as so determined for fiscal sist eligible individuals or families in finding aster. The Secretary of Commerce shall pro- year 2008, the FMAP for the State for fiscal safe and affordable permanent housing: Pro- vide information obtained from the survey year 2008 shall be substituted for the State’s vided further, That the Secretary shall pro- under this paragraph to the Governors of af- FMAP for fiscal year 2009, before the applica- vide notice of the availability of funding pro- fected States and the Secretary of Housing tion of this section. vided under this heading within 60 days of and Urban Development. (b) PERMITTING MAINTENANCE OF FISCAL the enactment of this Act. (b) FUNDS.—The Secretary of Housing and YEAR 2009 FMAP FOR FIRST QUARTER OF FIS- FEDERAL HOUSING ADMINISTRATION Urban Development shall use information CAL YEAR 2010.—Subject to subsections (d), provided under subsection (a) in allocating INFORMATION TECHNOLOGY (e), and (f), if the FMAP determined without funds provided under the heading ‘‘Commu- For an additional amount to maintain, regard to this section for a State for fiscal nity Planning and Development, Community year 2010 is less than the FMAP as so deter- modernize and improve technology systems Development Fund’’ in Public Law 110–329. and infrastructure for the Federal Housing mined for fiscal year 2009, the FMAP for the Administration, $36,093,000: Provided, That TITLE II—NUTRITION PROGRAMS FOR State for fiscal year 2009 shall be substituted these funds shall serve to supplement and ECONOMIC STIMULUS for the State’s FMAP for the first calendar not supplant planned expenditures for the SEC. 2001. NUTRITION PROGRAMS FOR ECO- quarter of fiscal year 2010, before the applica- Federal Housing Administration for informa- NOMIC STIMULUS. tion of this section. tion technology maintenance and develop- (a) MAXIMUM BENEFIT INCREASE.— (c) GENERAL 8 PERCENTAGE POINTS IN- ment funding provided through the Depart- (1) IN GENERAL.—Beginning with the first CREASE FOR FISCAL YEAR 2009 AND FIRST CAL- mental Working Capital Fund. month that begins not less than 25 days after ENDAR QUARTER OF FISCAL YEAR 2010.— the date of enactment of this Act, the Sec- (1) IN GENERAL.—Subject to subsections (d), SALARIES AND EXPENSES retary of Agriculture (referred to in this sec- (e), and (f), for each State for fiscal year 2009 For an additional amount for salaries and tion as the ‘‘Secretary’’) shall increase the and for the first calendar quarter of fiscal expenses for the Federal Housing Adminis- cost of the thrifty food plan for purposes of year 2010, the FMAP (taking into account tration, $15,000,000: Provided, That of the section 8(a) of the Food and Nutrition Act of the application of subsections (a) and (b)) total amount provided under this paragraph, 2008 (7 U.S.C. 2017(a)) by 10 percent. shall be increased by 8.0 percentage points. not less than $13,000,000 shall be made avail- (2) TERMINATION OF EFFECTIVENESS.—The (2) INCREASE IN CAP ON MEDICAID PAYMENTS able under the heading ‘‘Housing Personnel authority provided by this subsection termi- TO TERRITORIES.—Subject to subsections (e) Compensation and Benefits’’ and up to nates and has no effect, effective on October and (f), with respect to fiscal year 2009 and $2,000,000 shall be made available under the 1, 2009. the first calendar quarter of fiscal year 2010, heading ‘‘Management and Administration, (b) REQUIREMENTS FOR THE SECRETARY.—In the amounts otherwise determined for Puer- Administration, Operations and Manage- carrying out this section, the Secretary to Rico, the Virgin Islands, Guam, the ment’’: Provided further, That with funding shall— Northern Mariana Islands, and American provided under this paragraph, the Federal (1) consider the benefit increase described Samoa under subsections (f) and (g) of sec- Housing Administration Commissioner is in subsection (a) to be a ‘‘mass change’’; tion 1108 of the Social Security Act (42 hereby authorized to take such actions and (2) require a simple process for States to U.S.C. 1308) shall each be increased by an perform such functions as necessary regard- notify households of the increase in benefits; amount equal to 8.0 percent of such amounts. ing the hiring of personnel for performing (3) consider section 16(c)(3)(A) of the Food (d) SCOPE OF APPLICATION.—The increases functions of the Federal Housing Adminis- and Nutrition Act of 2008 (7 U.S.C. in the FMAP for a State under this section tration within the Office of Housing. 2025(c)(3)(A)) to apply to any errors in the shall apply only for purposes of title XIX of GENERAL PROVISIONS—THIS CHAPTER implementation of this section, without re- the Social Security Act and shall not apply SEC. 1901. Section 5309(g)(4)(A) of title 49, gard to the 120-day limit described in that with respect to— United States Code, is amended by striking section; and (1) disproportionate share hospital pay- ‘‘or an amount equivalent to the last 3 fiscal (4) disregard the value of benefits resulting ments described in section 1923 of such Act years of funding allocated under subsections from this section in any required calcula- (42 U.S.C. 1396r–4); (m)(1)(A) and (m)(2)(A)(ii)’’ and inserting ‘‘or tions or estimates of benefits if the Sec- (2) payments under title IV or XXI of such the sum of the funds available for the next retary determines it is necessary to ensure Act (42 U.S.C. 601 et seq. and 1397aa et seq.); three fiscal years beyond the current fiscal efficient administration of programs author- or year, assuming an annual growth of the pro- ized under the Food and Nutrition Act of 2008 (3) any payments under title XIX of such gram of 10 percent’’. (7 U.S.C. 2011 et seq.) or other Federal pro- Act that are based on the enhanced FMAP SEC. 1902. No funds provided in this Act or grams. described in section 2105(b) of such Act (42 any other Act may be used by the Secretary (c) STATE ADMINISTRATIVE EXPENSES.— U.S.C. 1397ee(b)). of Transportation to take any action regard- (1) IN GENERAL.—For the costs of State ad- (e) STATE INELIGIBILITY.— ing airline operations at any United States ministrative expenses associated with car- (1) IN GENERAL.—Subject to paragraph (2), a commercial airport that involves: rying out this section, the Secretary shall State is not eligible for an increase in its (1) auction, sale, lease, or the imposition of make available $50,000,000, to remain avail- FMAP under subsection (c)(1), or an increase any charge or fee, by the Secretary or the able until expended. in a cap amount under subsection (c)(2), if Federal Aviation Administrator, for rights, (2) AVAILABILITY OF FUNDS.—Funds de- the eligibility under its State plan under authorization or permission by them to con- scribed in paragraph (1) shall be made avail- title XIX of the Social Security Act (includ- duct flight operations at, or in the navigable able to State agencies based on each State’s ing any waiver under such title or under sec- airspace of, any such airport; share of households that participate in the tion 1115 of such Act (42 U.S.C. 1315)) is more (2) implementing or facilitating any such supplemental nutrition assistance program restrictive than the eligibility under such auction, sale or lease, or the imposition of established under the Food and Nutrition plan (or waiver) as in effect on September 1, any such charge or fee by the Secretary or Act of 2008 (7 U.S.C. 2011 et seq.). 2008. the Administrator initiated prior to enact- (3) CONSOLIDATED BLOCK GRANTS FOR PUER- (2) STATE REINSTATEMENT OF ELIGIBILITY ment of this Act; or TO RICO AND AMERICAN SAMOA.—For fiscal PERMITTED.—A State that has restricted eli- (3) the withdrawal or involuntary transfer year 2009, the Secretary shall increase by 10 gibility under its State plan under title XIX by the Secretary or Administrator of rights, percent the amount available for nutrition of the Social Security Act (including any authorizations or permissions to operate at, assistance for eligible households under the waiver under such title or under section 1115

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24133 of such Act (42 U.S.C. 1315)) after September shall be augmented by an amount equal to TITLE V—NATIONAL PARK CENTENNIAL 1, 2008, is no longer ineligible under para- the lesser of— FUND ACT graph (1) beginning with the first calendar ‘‘(A) 50 percent of the total amount of reg- SECTION 5001. SHORT TITLE. quarter in which the State has reinstated ular compensation (including dependents’ al- This Act may be cited as the ‘‘National eligibility that is no more restrictive than lowances) payable to the individual during Park Centennial Fund Act’’. the eligibility under such plan (or waiver) as the individual’s benefit year under the State SEC. 5002. DEFINITIONS. in effect on September 1, 2008. law, or In this Act: (3) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) 13 times the individual’s average (1) FUND.—The term ‘‘Fund’’ means the Na- paragraph (1) or (2) shall be construed as af- weekly benefit amount (as determined under tional Park Centennial Fund established fecting a State’s flexibility with respect to subsection (b)(2)) for the benefit year. under section 5003. benefits offered under the State Medicaid ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur- (2) IN-KIND.—The term ‘‘in-kind’’ means the program under title XIX of the Social Secu- poses of paragraph (1), a State shall be con- fair market value of non-cash contributions rity Act (42 U.S.C. 1396 et seq.) (including sidered to be in an extended benefit period, provided by non-Federal partners, which any waiver under such title or under section as of any given time, if— may be in the form of real property, equip- 1115 of such Act (42 U.S.C. 1315)). ‘‘(A) such a period is then in effect for such ment, supplies and other expendable prop- (f) REQUIREMENTS.— State under the Federal-State Extended Un- erty, as well as other goods and services. (1) IN GENERAL.—A State may not use the employment Compensation Act of 1970; (3) PROJECT OR PROGRAM.—The term additional Federal funds paid to the State as ‘‘(B) such a period would then be in effect ‘‘Project or program’’ means a National a result of this section for purposes of in- for such State under such Act if section Park Centennial Project or Program funded creasing any reserve or rainy day fund main- 203(d) of such Act— pursuant to this Act. tained by the State. ‘‘(i) were applied by substituting ‘4’ for ‘5’ (4) PROPOSAL.—The term ‘‘Proposal’’ (2) ADDITIONAL REQUIREMENT FOR CERTAIN each place it appears; and means a National Park Centennial Proposal STATES.—In the case of a State that requires ‘‘(ii) did not include the requirement under submitted pursuant to section 5004. political subdivisions within the State to paragraph (1)(A) thereof; or (5) SECRETARY.—The term ‘‘Secretary’’ contribute toward the non-Federal share of ‘‘(C) such a period would then be in effect means the Secretary of the Interior. expenditures under the State Medicaid plan for such State under such Act if— required under section 1902(a)(2) of the Social ‘‘(i) section 203(f) of such Act were applied SEC. 5003. NATIONAL PARK CENTENNIAL FUND. Security Act (42 U.S.C. 1396a(a)(2)), the State to such State (regardless of whether the (a) IN GENERAL.—There is established in is not eligible for an increase in its FMAP State by law had provided for such applica- the Treasury of the United States a fund under subsection (c)(1), or an increase in a tion); and which shall be known as the ‘‘National Park cap amount under subsection (c)(2), if it re- ‘‘(ii) such section 203(f)— Centennial Fund’’. In each of fiscal years quires that such political subdivisions pay a ‘‘(I) were applied by substituting ‘6.0’ for 2009 through 2018, the Secretary of the Treas- greater percentage of the non-Federal share ‘6.5’ in paragraph (1)(A)(i) thereof; and ury shall deposit into the Fund the fol- of such expenditures for fiscal year 2009, and ‘‘(II) did not include the requirement under lowing: the first calendar quarter of fiscal year 2010, paragraph (1)(A)(ii) thereof. (1) Cash donations received by the National than the percentage that would have been re- ‘‘(3) LIMITATION.—The account of an indi- Park Service in support of projects or pro- quired by the State under such plan on Sep- vidual may be augmented not more than grams authorized by this Act. tember 1, 2008, prior to application of this once under this subsection.’’. (2) From the General Fund, an amount equivalent to— section. (c) PHASEOUT PROVISIONS.—Section 4007(b) (A) the amount described in paragraph (1), (g) DEFINITIONS.—In this section: of the Supplemental Appropriations Act, 2008 excluding donations pledged through a letter (1) FMAP.—The term ‘‘FMAP’’ means the (26 U.S.C. 3304 note) is amended— of credit in a prior year; and Federal medical assistance percentage, as (1) in paragraph (1), by striking ‘‘paragraph (B) the amount of donations pledged defined in section 1905(b) of the Social Secu- (2),’’ and inserting ‘‘paragraphs (2) and (3),’’; through letters of credit in the same fiscal rity Act (42 U.S.C. 1396d(b)). and year. (2) STATE.—The term ‘‘State’’ has the (2) by striking paragraph (2) and inserting (b) LIMITATION ON AMOUNT.—The total meaning given such term for purposes of the following: amount of deposits from the General Fund title XIX of the Social Security Act (42 ‘‘(2) NO AUGMENTATION AFTER MARCH 31, under subsection (a)(2) shall not exceed, in U.S.C. 1396 et seq.). 2009.—If the amount established in an individ- the aggregate, $1,000,000,000 for fiscal years (h) REPEAL.—Effective as of January 1, ual’s account under subsection (b)(1) is ex- 2009 through 2018. 2010, this section is repealed. hausted after March 31, 2009, then section SEC. 3002. TEMPORARY REINSTATEMENT OF AU- 4002(c) shall not apply and such account shall SEC. 5004. PROGRAM ALLOCATION. THORITY TO PROVIDE FEDERAL not be augmented under such section, re- (a) IN GENERAL.—Each fiscal year, the MATCHING PAYMENTS FOR STATE gardless of whether such individual’s State is President’s annual budget submission for the SPENDING OF CHILD SUPPORT IN- in an extended benefit period (as determined Department of the Interior shall include a CENTIVE PAYMENTS. list of proposals which shall be known as Na- During the period that begins on October 1, under paragraph (2) of such section). ‘‘(3) TERMINATION.—No compensation under tional Park Centennial Proposals. The Sec- 2008, and ends on September 30, 2010, section retary shall establish a standard process for 455(a)(1) of the Social Security Act (42 U.S.C. this title shall be payable for any week be- ginning after November 27, 2009.’’. developing the list that shall encourage 655(a)(1)) shall be applied without regard to input from both the public and a broad cross- the amendment made by section 7309(a) of (d) EFFECTIVE DATE.— section of employees at every level of the the Deficit Reduction Act of 2005 (Public (1) IN GENERAL.—The amendments made by National Park Service. The list— Law 109–171, 120 Stat. 147). this section shall apply as if included in the (1) shall include proposals having an aggre- TITLE IV—UNEMPLOYMENT INSURANCE enactment of the Supplemental Appropria- gate cost to the Federal Government equal tions Act, 2008, subject to paragraph (2). SEC. 4001. EMERGENCY UNEMPLOYMENT COM- to the unobligated amount in the Fund; (2) ADDITIONAL BENEFITS.—In applying the PENSATION PROGRAM. (2) shall include only proposals consistent amendments made by subsections (a) and (b), (a) ADDITIONAL FIRST-TIER BENEFITS.—Sec- with National Park Service policies and any additional emergency unemployment tion 4002(b)(1) of the Supplemental Appro- adopted park planning documents; compensation made payable by such amend- priations Act, 2008 (26 U.S.C. 3304 note) is (3) may include proposals for any area ments (which would not otherwise have been amended— within the national park system (as that payable if such amendments had not been en- (1) in subparagraph (A), by striking ‘‘50’’ term is defined in section 2 of the Act of Au- acted) shall be payable only with respect to and inserting ‘‘80’’; and gust 8, 1953 (16 U.S.C. 1c)), clusters of areas any week of unemployment beginning on or (2) in subparagraph (B), by striking ‘‘13’’ within such system, a region or regions of after the date of the enactment of this Act. and inserting ‘‘20’’. such system, or such system in its entirety; (b) SECOND-TIER BENEFITS.—Section 4002 of SEC. 4002. TEMPORARY FEDERAL MATCHING FOR (4) shall cumulatively represent a nation- the Supplemental Appropriations Act, 2008 THE FIRST WEEK OF EXTENDED wide array of proposals that is diverse geo- (26 U.S.C. 3304 note) is amended by adding at BENEFITS FOR STATES WITH NO graphically, in size, scope, magnitude, the end the following: WAITING WEEK. theme, and variety under the initiatives de- ‘‘(c) SPECIAL RULE.— With respect to weeks of unemployment scribed in subsection (b); ‘‘(1) IN GENERAL.—If, at the time that the beginning after the date of enactment of this (5) shall give priority to proposals dem- amount established in an individual’s ac- Act and ending on or before December 8, 2009, onstrating long-term viability beyond re- count under subsection (b)(1) is exhausted or subparagraph (B) of section 204(a)(2) of the ceipts from the Fund; at any time thereafter, such individual’s Federal-State Extended Unemployment (6) shall include only proposals meeting State is in an extended benefit period (as de- Compensation Act of 1970 (26 U.S.C. 3304 the requirements of one or more of the ini- termined under paragraph (2)), such account note) shall not apply. tiatives set forth in subsection (b);

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24134 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 (7) should contain proposals under each of (C) Priority shall be given to proposals SEC. 5005. PARTNERSHIPS. the initiatives set forth in subsection (b); with the potential to spread technological (a) DONATIONS.—The Secretary may ac- and advances to other Federal agencies or to the tively encourage and facilitate participation (8) shall give priority to proposals with private sector. in proposals from non-Federal and philan- committed, non-Federal support but shall (5) NATURAL RESOURCE PROTECTION CENTEN- thropic partners, and may accept donations, also include proposals funded entirely by the NIAL INITIATIVE.—Proposals for the ‘‘Natural both monetary and in-kind for any Project Fund. Resource Protection Centennial Initiative’’ or Program pursuant to section 1 of the Act (b) NATIONAL PARK CENTENNIAL INITIA- shall meet the following requirements: of June 5, 1920 (16 U.S.C. 6), and other au- TIVES.—The requirements referred to in sub- (A) Each proposal shall be designed to re- thorities to accept donations existing on the section (a)(6) are as follows: store or conserve native ecosystems within date of enactment of this Act. (b) TERMS AND CONDITIONS.—To the extent (1) EDUCATION IN PARKS CENTENNIAL INITIA- the National Park System. that private organizations or individuals are TIVE.—Proposals for the ‘‘Education in Parks (B) Priority shall be given to proposals de- Centennial Initiative’’ shall meet the fol- signed to control invasive species. to participate in or contribute to any Project or Program, the terms and condi- lowing requirements: (C) Each proposal shall be based on the tions of that participation or contribution as (A) Priority shall be given to proposals de- best available scientific information. well as all actions of employees of the Na- signed to increase National Park-based edu- (6) CULTURAL RESOURCE PROTECTION CEN- tional Park Service, shall be governed by Na- cational opportunities for elementary, sec- TENNIAL INITIATIVE.—Proposals for the ‘‘Cul- tional Park Service Directors Order #21, ondary and college students particularly tural Resource Protection Centennial Initia- ‘‘Donations and Fundraising’’, as in force on those from populations historically under tive’’ shall— the date of the enactment of this Act. represented among visitors to the National (A) either— Park System. (i) increase the National Park Service’s SEC. 5006. MAINTENANCE OF EFFORT. Amounts made available from the Fund (B) Priority shall be given to proposals de- knowledge of cultural resources located shall supplement rather than replace annual signed to bring students into the National within the National Park System through expenditures by the National Park Service, Park System in person. means including, but not limited to, surveys, including authorized expenditures from the (C) Proposals should include strategies for studies, mapping, and documentation of such Land and Water Conservation Fund and the encouraging young people to become lifelong resources; or National Park Service Line Item Construc- advocates for National Parks. (ii) improve the condition of documented tion Program. The National Park Service (D) Proposals shall be developed in con- cultural resources within the National Park shall maintain adequate, permanent staffing sultation with the leadership of educational System; levels and permanent staff shall not be re- and youth organizations expected to partici- (B) incorporate the best available sci- placed with nonpermanent employees hired pate in the proposed initiative. entific information; and to carry out this Act or Projects or Pro- (2) DIVERSITY IN PARKS CENTENNIAL INITIA- (C) where appropriate, be developed in con- grams carried out with funds provided under TIVE.— sultation with Native American tribes, State this Act. (A) STUDY.—Not later than 1 year after the historic preservation offices, or other organi- SEC. 5007. REPORTS. date of the enactment of this Act, the Sec- zations with cultural resource preservation For each fiscal year beginning in fiscal retary shall submit to the Committee on expertise. year 2009, the Secretary shall submit to Con- Natural Resources of the House of Rep- (7) HEALTH AND FITNESS IN PARKS CENTEN- gress a report that includes the following: resentatives and the Committee on Energy NIAL INITIATIVE.— (1) A detailed accounting of all expendi- and Natural Resources of the Senate a report (A) IN GENERAL.—Proposals for the ‘‘Health tures from the Fund divided by categories of detailing a service-wide strategy for increas- and Fitness in Parks Centennial Initiative’’ proposals under section 4(b), including a de- ing diversity among National Park Service shall fall into one or more of the following tailed accounting of any private contribu- employees at all levels and visitors to the four categories: tions, either in funds or in kind, to any National Park System. (i) Proposals designed to repair, rehabili- Project or Program. (B) PROPOSALS.—Proposals for the ‘‘Diver- tate, or otherwise improve infrastructure, (2) A cumulative summary of the results of sity in Parks Centennial Initiative’’ shall including trails, that facilitates healthy out- the National Park Centennial program in- meet the following requirements: door activity within the National Park Sys- cluding recommendations for revisions to (i) Each proposal shall be based on rec- tem. the program. ommendations contained in the report re- (ii) Proposals designed to expand opportu- (3) A statement of whether the National quired in subparagraph (A). nities for access to the National Park Sys- Park Service has maintained adequate, per- (ii) Each proposal shall be designed to tem for visitors with disabilities. manent staffing levels and what nonperma- make National Park Service employees, visi- (iii) Proposals to develop and implement nent and permanent staff have been hired to tors to the National Park System, or both, management plans (such as climbing plans carry out this Act or Projects or Programs reflect the diversity of the population of the and trail system plans) for activities de- carried out with funds provided under this United States. signed to increase the health and fitness of Act. (3) SUPPORTING PARK PROFESSIONALS CEN- visitors to the National Park System. TITLE VI—AUTOMOTIVE INDUSTRY TENNIAL INITIATIVE.—Proposals for the ‘‘Sup- (iv) Proposals to develop outreach pro- porting Park Professionals Centennial Ini- grams and media that provide public infor- ASSISTANCE tiative’’ shall meet the following require- mation regarding health and fitness opportu- SECTION 6001. DIRECT LOAN PROVISIONS. ments: nities within the National Park System. (a) IN GENERAL.—The Emergency Eco- (A) Taken as a whole, proposals shall pro- (B) MISCELLANEOUS REQUIREMENTS.—All nomic Stabilization Act of 2008 (division A of vide specific opportunities for National Park proposals for ‘‘the Health and Fitness in Public Law 110–343) is amended by adding at Service employees, at all levels, to partici- Parks Centennial Initiative’’ shall— the end the following: pate in professional career development. (i) be consistent with National Park Serv- ‘‘TITLE IV—DIRECT BRIDGE LOAN (B) Proposals may include National Park ice policies and adopted park planning docu- PROVISIONS Service-designed, internal professional devel- ments; and ‘‘SEC. 401. FINDINGS. opment programs. (ii) be designed to provide for visitor enjoy- ‘‘Congress finds that extraordinary and ex- (C) Proposals may also be designed to fa- ment in such a way as to leave the National igent circumstances have prevented the cilitate participation in external profes- Park System unimpaired for future genera- automobile industry from securing essential sional development programs or established tions. credit and liquidity from other sources and courses of study by National Park Service that the failure of the automobile industry (c) FUNDING.—In each of fiscal years 2009 to obtain such credit and liquidity will have employees. through 2018, unobligated amounts in the (4) ENVIRONMENTAL LEADERSHIP CENTENNIAL a systemic adverse effect on the economy. Fund shall be available without further ap- INITIATIVE.—Proposals for the ‘‘Environ- ‘‘SEC. 402. PURPOSES. propriation for projects authorized by this mental Leadership Centennial Initiative’’ ‘‘The purposes of this title are— Act, but may not be obligated or expended shall meet the following requirements: ‘‘(1) to clarify that authority and facilities until 120 days after the annual submission of (A) Each proposal shall be designed to do are available to be used immediately by the the list of proposals required under this sec- one or more of the following: Secretary to restore liquidity and stability tion to allow for Congressional review. (i) Reduce harmful emissions. to the automobile industry in the United (ii) Conserve energy or water resources. (d) LIMITATION ON DISTRIBUTION OF States; (iii) Reduce solid waste production within FUNDS.—No more than 50 percent of amounts ‘‘(2) to ensure that such authority and such the National Park System. available from the Fund for any fiscal year facilities are used in a manner that— (B) Each proposal shall include strategies may be spent on projects that are for the ‘‘(A) stimulates manufacturing and sales of for educating the public regarding Environ- construction of facilities that cost in excess automobiles produced by automobile manu- mental Leadership projects and their results. of $5,000,000. facturers in the United States;

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‘‘(B) enhances the ability and the capacity ‘‘SEC. 405. TIMING OF DISBURSEMENTS. ‘‘(A) SENIOR EXECUTIVE OFFICER.—The term of the domestic automobile industry to pur- ‘‘(a) APPLICATIONS.—On and after the date ‘senior executive officer’ means an indi- sue the timely and aggressive production of that is 3 days after the date of enactment of vidual who is 1 of the top 5 most highly paid energy-efficient advanced technology vehi- this title, the Secretary shall accept applica- executives of a public company, whose com- cles; tions for loans under this title. pensation is required to be disclosed pursu- ‘‘(C) preserves and promotes the jobs of ‘‘(b) DETERMINATION OF ELIGIBILITY.—Not ant to the Securities Exchange Act of 1934, 355,000 workers in the United States directly later than 15 days after the date on which and any regulations issued thereunder, and employed by the automobile industry and an the Secretary receives an application for a non-public company counterparts. additional 4,500,000 workers in the United loan under subsection (a), the Secretary ‘‘(B) GOLDEN PARACHUTE PAYMENT.—The States employed in related industries; and shall make a determination regarding the term ‘golden parachute payment’ means any ‘‘(D) safeguards the ability of the domestic eligibility of the applicant, based on whether payment to a senior executive officer for de- automobile industry to provide retirement the applicant meets the requirements of sec- parture from a company for any reason. and health care benefits for 1,000,000 retirees tion 403(a). ‘‘(f) PROHIBITION ON PAYMENT OF DIVI- ‘‘(c) DISBURSEMENT.—The Secretary shall and their spouses and dependents; and DENDS.—No common stock dividends may be begin disbursement of the proceeds of a loan ‘‘(3) to reaffirm the purposes of section 2, paid by any recipient of a loan under this under this title to an eligible applicant not which include providing the Secretary with title for the duration of the loan. later than 7 days after the date on which the broad authority to restore liquidity and sta- ‘‘(g) OTHER INTERESTS SUBORDINATED.—Any Secretary receives a disbursal request from bility to financial institutions, including obligation or liability of a recipient of a loan the applicant, upon a determination of the automobile finance companies. under this title to any person shall be subor- Secretary that the applicant is eligible dinate to the liability and obligation of the ‘‘SEC. 403. EMERGENCY DIRECT LOAN PROGRAM. under subsection (b). recipient for such loan. ‘‘(a) IN GENERAL.—The Secretary shall ‘‘SEC. 406. TERMS AND CONDITIONS. ‘‘SEC. 407. OVERSIGHT. make loans in an aggregate amount equal to ‘‘(a) TERM TO MATURITY.—The term to ma- $25,000,000,000, to any automobile manufac- turity of any loan made under this title shall ‘‘(a) IN GENERAL.—The provisions of sec- turer or component supplier that has— be 10 years, or such longer period as the Sec- tions 105, 116, 121, and 125 shall apply with re- ‘‘(1) submitted an application for a loan retary may determine with respect to such spect to any loans made under this title, to under this title that includes a statement of loan. the extent possible, in the same manner and need for Government funding under this title ‘‘(b) RATE OF INTEREST.—The annual rate to the same extent as such sections apply to to prevent a systemic adverse effect on the of interest for a loan under this title shall transactions made under the authority of United States economy; be— title I.’’. ‘‘(2) operated 2 or more manufacturing fa- ‘‘(1) 5 percent during the 5-year period be- (b) TECHNICAL AND CONFORMING AMEND- cilities for the purposes of producing auto- ginning on the date on which the Secretary MENTS.— mobiles or automobile components in the disburses the loan; and (1) TABLE OF CONTENTS.—The table of con- United States throughout the 25-year period ‘‘(2) 9 percent after the end of the period tents in section 1(b) of the Emergency Eco- ending on the date of enactment of this title; described in paragraph (1). nomic Stabilization Act of 2008 (division A of and ‘‘(c) WARRANTS AND DEBT INSTRUMENTS.— Public Law 110–343) is amended— ‘‘(3) operations in the United States the The Secretary may not make a loan under (A) by inserting after the item relating to failure of which would have a systemic ad- this title unless the Secretary receives from section 3 the following new item: verse effect on the overall United States the automobile manufacturer or component ‘‘Sec. 4. References.’’ supplier a warrant or senior debt instrument economy, as determined by the Secretary. ; and made in accordance with the requirements ‘‘(b) ALLOCATION.—In allocating loan (B) by adding at the end the following: amounts under this title, the Secretary shall for a warrant or senior debt instrument by a ‘‘TITLE IV—DIRECT BRIDGE LOAN prioritize applications based on the mag- financial institution under section 113(d). PROVISIONS nitude of the impact of the manufacturing ‘‘(d) NO PREPAYMENT PENALTY.—A loan operations of the applicant in the United made under this title shall be prepayable ‘‘Sec. 401. Findings. States on the overall economy of the United without penalty at any time. ‘‘Sec. 402. Purposes. ‘‘(e) EXECUTIVE COMPENSATION.— States and other segments of the automobile ‘‘Sec. 403. Emergency direct loan program. ‘‘(1) STANDARDS REQUIRED.—The Secretary industry, including the impact on levels of ‘‘Sec. 404. Funding from third tranche; shall require any recipient of a loan under employment, domestic manufacturing of treatment of loan amounts. this title to meet appropriate standards for automobiles and automobile components, ‘‘Sec. 405. Timing of disbursements. executive compensation and corporate gov- and automobile dealerships. ‘‘Sec. 406. Terms and conditions. ernance. ‘‘(c) PLAN FOR LONG-TERM FINANCIAL VIA- ‘‘Sec. 407. Oversight.’’ ‘‘(2) SPECIFIC REQUIREMENTS.—The stand- ; and BILITY.—At the time of application for a loan ards established under paragraph (1) shall in- (2) REFERENCES.—The Emergency Eco- under this title, an automobile manufacturer clude the following: nomic Stabilization Act of 2008 (division A of or component supplier shall submit to the ‘‘(A) Limits on compensation that exclude Public Law 110–343) is amended by inserting Secretary a detailed plan on how the Govern- incentives for senior executive officers of a after section 3 the following new section: ment funds requested will be utilized to en- recipient of a loan under this title to take sure the long-term financial posture of the unnecessary and excessive risks that threat- ‘‘SEC. 4. REFERENCES. company, and how such funds will stimulate en the value of such recipient during the pe- ‘‘Any reference— automobile production in the United States riod that the loan is outstanding. ‘‘(1) in this division to ‘this Act’ or any and improve the capacity of the company to ‘‘(B) A provision for the recovery by such subdivision thereof is a reference to this di- pursue the timely and aggressive production recipient of any bonus or incentive com- vision A or any subdivision thereof; of energy-efficient advanced technology ve- pensation paid to a senior executive officer ‘‘(2) in division (B) to ‘this Act’ or any sub- hicles. based on statements of earnings, gains, or division thereof is a reference to division B ‘‘(d) AUTHORITY TO ISSUE STOCK.—At the other criteria that are later found to be ma- or any subdivision thereof; and discretion of the Secretary, the automobile terially inaccurate. ‘‘(3) in division (C) to ‘this Act’ or any sub- manufacturer or component supplier may ‘‘(C) A prohibition on such recipient mak- division thereof is a reference to division C issue preferred stock in lieu of a loan, on ing any golden parachute payment to a sen- or any subdivision thereof.’’. analogous terms and conditions as those de- ior executive officer during the period that TITLE VII—AUTO SALES TAX DEDUCTIONS scribed for loans under this title. the loan under this title is outstanding. SECTION 7001. ABOVE-THE-LINE DEDUCTION FOR ‘‘SEC. 404. FUNDING FROM THIRD TRANCHE; ‘‘(D) A prohibition on such recipient pay- INTEREST ON INDEBTEDNESS WITH TREATMENT OF LOAN AMOUNTS. ing or accruing any bonus or incentive com- RESPECT TO THE PURCHASE OF ‘‘The costs incurred by the Federal Gov- pensation during the period that the loan is CERTAIN MOTOR VEHICLES. ernment in making loans under this title, in- outstanding to any executive whose annual (a) IN GENERAL.—Paragraph (2) of section cluding credit subsidy costs and administra- base compensation exceeds $250,000 (which 163(h) of the Internal Revenue Code of 1986 is tive expenses, shall be covered out of the amount shall be adjusted by the Secretary amended— funds made available to the Secretary gen- for inflation). (1) by striking ‘‘and’’ at the end of subpara- erally under section 118 and, specifically, not ‘‘(E) A prohibition on any compensation graph (E), from funds which are described in paragraph plan that could encourage manipulation of (2) by striking the period at the end of sub- (1) or (2) of section 115(a), but with respect to the reported earnings of the recipient to en- paragraph (F) and inserting ‘‘, and’’, and the availability of which the reporting and hance the compensation of any of its em- (3) by adding at the end the following new procedural requirements contained in para- ployees. subparagraph: graph (3) of such section and section 115(c) ‘‘(3) DEFINITIONS.—For purposes of this sub- ‘‘(G) any qualified motor vehicle interest shall not apply. section, the following definitions shall apply: (within the meaning of paragraph (5).’’.

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(b) QUALIFIED MOTOR VEHICLE INTEREST.— year on any indebtedness secured by a quali- ‘‘, or’’ and by inserting after subparagraph Section 163(h) of the Internal Revenue Code fied motor vehicle (as defined in section (DD) the following new subparagraph: of 1986 is amended by adding at the end the 163(h)(5)(D)), ‘‘(EE) section 6050X(d) (relating to returns following new paragraph: shall make the return described in sub- relating to qualified motor vehicle interest ‘‘(5) QUALIFIED MOTOR VEHICLE INTEREST.— section (b) with respect to each individual received in trade or business from individ- For purposes of this subsection— from whom such interest was received at uals).’’. ‘‘(A) IN GENERAL.—The term ‘qualified such time as the Secretary may by regula- (3) CLERICAL AMENDMENT.—The table of motor vehicle interest’ means any interest tions prescribe. sections for subpart B of part III of sub- which is paid or accrued during the taxable ‘‘(b) FORM AND MANNER OF RETURNS.—A re- chapter A of chapter 61 of such Code is year on any indebtedness which— turn is described in this subsection if such amended by inserting after the item relating ‘‘(i) is incurred after November 12, 2008, and return— to section 6050W the following new item: before January 1, 2010, in acquiring any ‘‘(1) is in such form as the Secretary may ‘‘Sec. 6050X. Returns relating to qualified qualified motor vehicle of the taxpayer, and prescribe, motor vehicle interest received ‘‘(ii) is secured by such qualified motor ve- ‘‘(2) contains— in trade or business from indi- hicle. ‘‘(A) the name and address of the indi- viduals.’’. Such term also includes any indebtedness se- vidual from whom the interest described in SEC. 7002. ABOVE-THE-LINE DEDUCTION FOR cured by such qualified motor vehicle result- subsection (a)(2) was received, STATE SALES TAX AND EXCISE TAX ing from the refinancing of indebtedness ‘‘(B) the amount of such interest received ON THE PURCHASE OF CERTAIN meeting the requirements of the preceding for the calendar year, and MOTOR VEHICLES. sentence (or this sentence); but only to the ‘‘(C) such other information as the Sec- (a) IN GENERAL.—Subsection (a) of section extent the amount of the indebtedness re- retary may prescribe. 164 of the Internal Revenue Code of 1986 is sulting from such refinancing does not ex- ‘‘(c) APPLICATION TO GOVERNMENTAL amended by inserting after paragraph (5) the ceed the amount of the refinanced indebted- UNITS.—For purposes of subsection (a)— following new paragraph: ness. ‘‘(1) TREATED AS PERSONS.—The term ‘per- ‘‘(6) Qualified motor vehicle taxes.’’. (b) QUALIFIED MOTOR VEHICLE TAXES.— ‘‘(B) DOLLAR LIMITATION.—The aggregate son’ includes any governmental unit (and amount of indebtedness treated as described any agency or instrumentality thereof). Subsection (b) of section 164 of the Internal in subparagraph (A) for any period shall not ‘‘(2) SPECIAL RULES.—In the case of a gov- Revenue Code of 1986 is amended by adding exceed $49,500 ($24,750 in the case of a sepa- ernmental unit or any agency or instrumen- at the end the following new paragraph: rate return by a married individual). tality thereof— ‘‘(6) QUALIFIED MOTOR VEHICLE TAXES.— ‘‘(A) IN GENERAL.—For purposes of this sec- ‘‘(C) INCOME LIMITATION.—The amount oth- ‘‘(A) subsection (a) shall be applied without erwise treated as interest under subpara- regard to the trade or business requirement tion, the term ‘qualified motor vehicle taxes’ graph (A) for any taxable year (after the ap- contained therein, and means any State and local sales or excise tax plication of subparagraph (B)) shall be re- ‘‘(B) any return required under subsection imposed on the purchase of a qualified motor duced (but not below zero) by the amount (a) shall be made by the officer or employee vehicle (as defined in section 163(h)(5)(D)). which bears the same ratio to the amount appropriately designated for the purpose of ‘‘(B) INCOME LIMITATION.—The amount oth- which is so treated as— making such return. erwise taken into account under subpara- ‘‘(i) the excess (if any) of— ‘‘(d) STATEMENTS TO BE FURNISHED TO INDI- graph (A) for any taxable year shall be re- ‘‘(I) the taxpayer’s modified adjusted gross VIDUALS WITH RESPECT TO WHOM INFORMA- duced (but not below zero) by the amount income for such taxable year, over TION IS REQUIRED.—Every person required to which bears the same ratio to the amount ‘‘(II) $125,000 ($250,000 in the case of a joint make a return under subsection (a) shall fur- which is so treated as— return), bears to nish to each individual whose name is re- ‘‘(i) the excess (if any) of— ‘‘(ii) $10,000. quired to be set forth in such return a writ- ‘‘(I) the taxpayer’s modified adjusted gross ten statement showing— income for such taxable year, over For purposes of the preceding sentence, the ‘‘(1) the name, address, and phone number ‘‘(II) $125,000 ($250,000 in the case of a joint term ‘modified adjusted gross income’ means of the information contact of the person re- return), bears to the adjusted gross income of the taxpayer for quired to make such return, and ‘‘(ii) $10,000. the taxable year increased by any amount ‘‘(2) the aggregate amount of interest de- For purposes of the preceding sentence, the excluded from gross income under section scribed in subsection (a)(2) received by the 911, 931, or 933. term ‘modified adjusted gross income’ means person required to make such return from the adjusted gross income of the taxpayer for ‘‘(D) QUALIFIED MOTOR VEHICLE.—The term the individual to whom the statement is re- the taxable year increased by any amount ‘qualified motor vehicle’ means a passenger quired to be furnished. automobile (within the meaning of section excluded from gross income under section 30B(h)(3)) or a light truck (within the mean- The written statement required under the 911, 931, or 933. ing of such section)— preceding sentence shall be furnished on or ‘‘(C) QUALIFIED MOTOR VEHICLE TAXES NOT ‘‘(i) which is acquired for use by the tax- before January 31 of the year following the INCLUDED IN COST OF ACQUIRED PROPERTY.— payer and not for resale after November 12, calendar year for which the return under The last sentence of subsection (a) shall not 2008, and before January 1, 2010, subsection (a) was required to be made. apply to any qualified motor vehicle taxes. ‘‘(e) RETURNS WHICH WOULD BE REQUIRED ‘‘(ii) the original use of which commences ‘‘(D) COORDINATION WITH GENERAL SALES TO BE MADE BY 2 OR MORE PERSONS.—Except with the taxpayer, and TAX.—This paragraph shall not apply in the to the extent provided in regulations pre- ‘‘(iii) which has a gross vehicle weight rat- case of a taxpayer who makes an election scribed by the Secretary, in the case of inter- ing of not more than 8,500 pounds.’’. under paragraph (5) for the taxable year.’’. est received by any person on behalf of an- (c) DEDUCTION ALLOWED ABOVE-THE-LINE.— (c) CONFORMING AMENDMENTS.—Paragraph Section 62(a) of the Internal Revenue Code of other person, only the person first receiving (5) of section 163(h) of the Internal Revenue 1986 is amended by inserting after paragraph such interest shall be required to make the Code of 1986, as added by section 1, is amend- (21) the following new paragraph: return under subsection (a).’’. ed— (2) AMENDMENTS RELATING TO PENALTIES.— ‘‘(22) QUALIFIED MOTOR VEHICLE INTEREST.— (1) by adding at the end the following new The deduction allowed under section 163 by (A) Section 6721(e)(2)(A) of such Code is subparagraph: reason of subsection (h)(2)(G) thereof.’’. amended by striking ‘‘or 6050L’’ and insert- ‘‘(E) EXCLUSION.—If the indebtedness de- (d) REPORTING OF QUALIFIED MOTOR VEHI- ing ‘‘6050L, or 6050X’’. scribed in subparagraph (A) includes the CLE INTEREST.— (B) Section 6722(c)(1)(A) of such Code is amounts of any State sales or excise taxes (1) IN GENERAL.—Subpart B of part III of amended by striking ‘‘or 6050L(c)’’ and in- paid or accrued by the taxpayer in connec- subchapter A of chapter 61 of the Internal serting ‘‘6050L(c), or 6050X(d)’’. tion with the acquisition of a qualified Revenue Code of 1986 is amended by adding (C) Subparagraph (B) of section 6724(d)(1) of motor vehicle, the aggregate amount of such at the end the following new section: such Code is amended by redesignating indebtedness taken into account under such ‘‘SEC. 6050X. RETURNS RELATING TO QUALIFIED clauses (xvi) through (xxii) as clauses (xvii) subparagraph shall be reduced, but not below MOTOR VEHICLE INTEREST RE- through (xxiii), respectively, and by insert- zero, by the amount of any such taxes for CEIVED IN TRADE OR BUSINESS ing after clause (xii) the following new which a deduction is allowed under section FROM INDIVIDUALS. clause: 164(a) by reason of paragraph (6) thereof.’’, ‘‘(a) QUALIFIED MOTOR VEHICLE INTEREST.— ‘‘(xvi) section 6050X (relating to returns re- and Any person— lating to qualified motor vehicle interest re- (2) by inserting ‘‘, after the application of ‘‘(1) who is engaged in a trade or business, ceived in trade or business from individ- subparagraph (E),’’ after ‘‘for any period’’ in and uals),’’. subparagraph (B). ‘‘(2) who, in the course of such trade or (D) Paragraph (2) of section 6724(d) of such (d) DEDUCTION ALLOWED ABOVE-THE-LINE.— business, receives from any individual inter- Code is amended by striking the period at Section 62(a) of the Internal Revenue Code of est aggregating $600 or more for any calendar the end of subparagraph (DD) and inserting 1986, as amended by section 1, is amended by

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24137 inserting after paragraph (22) the following istration to take stronger steps to help The debate on how to help stabilize new paragraph: homeowners, but did not require the the financial sector will certainly con- ‘‘(23) QUALIFIED MOTOR VEHICLE TAXES.— Government to do so. tinue into the 111th Congress, and I in- The deduction allowed under section 164 by My bill would bring real hope to fam- tend to continue to fight for home- reason of subsection (a)(6) thereof.’’. ilies who fear that they will lose their owners and for the taxpayers so that TITLE VIII homes, by doing three things. First, it we get our economy moving again as GENERAL PROVISIONS—THIS ACT would require Treasury, the Federal quickly as we can, and as prudently as EMERGENCY DESIGNATION Reserve, the FDIC, and FHFA to re- we can. SEC. 8001. Each amount in this Act is des- structure all loans that meet the cri- Mr. President, I ask unanimous con- ignated as an emergency requirement and teria established in the Hope for Home- sent that the text of the bill be printed necessary to meet emergency needs pursuant owners program to make the mort- in the RECORD. to section 204(a) of S. Con. Res. 21 (110th Con- gages affordable. That means mort- There being no objection, the text of gress) and section 301(b)(2) of S. Con. Res. 70 gages these regulators own or in which (110th Congress), the concurrent resolutions the bill was ordered to be printed in on the budget for fiscal years 2008 and 2009. they have a controlling interest must the RECORD, as follows: be restructured if a reworked mortgage AVAILABILITY S. 3690 can be paid by the homeowner and is Be it enacted by the Senate and House of Rep- SEC. 8002. No part of any appropriation viable economically for the creditors. contained in this Act shall remain available resentatives of the United States of America in for obligation beyond the current fiscal year The Emergency Economic Stabiliza- Congress assembled, unless expressly so provided herein. tion Act as it is currently written only SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Economic encourages the regulators to restruc- This Act may be cited as the ‘‘Homeowner Recovery Act of 2008’’. ture those loans, rather than requiring Assistance and Taxpayer Protection Act’’. By Mr. DURBIN: them to do so. TITLE I—ASSISTING HOMEOWNERS S. 3690. A bill to help struggling fami- Second, it would require servicers to SEC. 101. RESTRUCTURING LOANS OWNED BY lies stay in their homes and to ensure restructure all loans that qualify for THE GOVERNMENT. that taxpayers are protected when the the Hope for Homeowners program, (a) MORTGAGES ACQUIRED BY THE SEC- RETARY.—Section 109(a) of the Emergency Secretary of the Treasury purchases rather than simply encouraging them to do so as the Housing and Economic Economic Stabilization Act of 2008 (division equity shares in financial situations; to A of Public Law 110–343) is amended by strik- the Committee on the Judiciary. Recovery Act is currently written. ing ‘‘encourage’’ and inserting ‘‘require’’. Mr. DURBIN. Just before the Con- And, finally, it would allow bank- (b) MORTGAGES HELD BY FEDERAL PROP- gress paused for the elections, we ruptcy judges to modify mortgages on ERTY MANAGERS.—Section 110(b)(1) of the passed one of the most historic—and primary residences. As I have argued Emergency Economic Stabilization Act of contentious—pieces of legislation in for months now, this is the single most 2008 (division A of Public Law 110–343) is my 26 years in Washington. We gave important thing we can do to spur na- amended by striking ‘‘encourage’’ and insert- tionwide systematic mortgage ing ‘‘require’’. the Treasury Department the author- (c) OBLIGATIONS SECURED BY MORTGAGES ity to spend $700 billion in taxpayer restructurings. The financial crisis will not ease, and HELD BY FEDERAL PROPERTY MANAGERS.— funds to prevent the complete melt- Section 110(c)(1) of the Emergency Economic down of the financial system, which in the economy will not begin to recover, Stabilization Act of 2008 (division A of Public turn would hopefully prevent the over- until we address the root cause of the Law 110–343) is amended by striking ‘‘encour- all economy from descending into a crisis: the failed mortgage market. My age’’ and inserting ‘‘require’’. deep and painful recession. bill would do just that. SEC. 102. REQUIRING LENDERS TO PARTICIPATE The rescue bill also failed to put in I didn’t like voting for that bill, but IN HOPE FOR HOMEOWNERS PRO- place enough taxpayer protections. GRAM WHEN HOMEOWNERS ELECT I joined the majority of my colleagues Congress meant for banks to use the TO PARTICIPATE. in doing so because not voting for it Section 257(b)(1) of the National Housing money provided by the Treasury to was even worse. I hope in the end that Act (12 U.S.C. 1715z-23(b)(1)) is amended by lend to qualified borrowers, rather striking ‘‘and existing loan holders’’ and in- we were right. than enriching their shareholders and However, there are two areas that I serting ‘‘, but required on the part of exist- executives. Recent reports indicating ing loan holders when homeowners apply,’’. do not believe were adequately ad- that AIG will lavish more than a half dressed in that legislation: helping SEC. 103. HELPING FAMILIES SAVE THEIR HOMES billion dollars on its employees at the IN BANKRUPTCY. families save their homes from fore- same time that it receives an even (a) SPECIAL RULES FOR MODIFICATION OF closure and protecting taxpayers from larger $152 billion taxpayer bailout LOANS SECURED BY RESIDENCES.— the misuse of their dollars by the bank- than originally announced speaks loud- (1) IN GENERAL.—Section 1322(b) of title 11, ers that receive them. Today I am in- ly to this problem. United States Code, is amended— troducing legislation—the Homeowner (A) in paragraph (10), by striking ‘‘and’’ at My bill would try to address this con- the end; Assistance and Taxpayer Protection cern. The bill would bar banks partici- Act—to address both concerns. (B) by redesignating paragraph (11) as pating in the Capital Purchase Pro- paragraph (12); and For far too long the Bush administra- gram authorized by the Emergency (C) by inserting after paragraph (10) the tion has relied on the voluntary efforts Economic Stabilization Act from in- following: of the mortgage servicers to rework creasing common share dividends as ‘‘(11) notwithstanding paragraph (2) and millions of troubled mortgages on a long as the Government owns preferred otherwise applicable nonbankruptcy law— case by case basis. These voluntary ef- shares. It also would require partici- ‘‘(A) modify an allowed secured claim se- forts have been and still are insuffi- pating banks to reduce the next year’s cured by the debtor’s principal residence, as described in subparagraph (B), if, after de- cient. There aren’t strong enough in- dividends in an amount equal to the centives for the servicers to pursue duction from the debtor’s current monthly compensation paid to the top five ex- income of the expenses permitted for debtors work-outs. Servicers aren’t equipped to ecutives in excess of $500,000. described in section 1325(b)(3) of this title handle the huge volume of mortgages The bill would not bar companies re- (other than amounts contractually due to at risk. Far-flung investors who own ceiving assistance from the Treasury creditors holding such allowed secured pieces of many mortgages, and who from paying their executives, nor claims and additional payments necessary to often refuse to let servicers rework would it bar them from paying divi- maintain possession of that residence), the mortgages even in the cases where the dends. But it would ensure that finan- debtor has insufficient remaining income to servicers would like to help, present cial institutions think carefully before retain possession of the residence by curing legal obstacles. And the mortgage in- redirecting taxpayer-injected dollars a default and maintaining payments while the case is pending, as provided under para- dustry has failed to take strong action away from lending for the good of the graph (5); and against foreclosures, even if it is in economy towards compensation for the ‘‘(B) provide for payment of such claim— their own best interests. The $700 bil- good of its own executives and share- ‘‘(i) in an amount equal to the amount of lion rescue bill encouraged the admin- holders. the allowed secured claim;

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24138 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008

‘‘(ii) for a period that is not longer than 40 (e) APPLICATION OF AMENDMENTS.—The with the privileges of the Senate: Now, years; and amendments made to title 11, United States therefore, be it ‘‘(iii) at a rate of interest accruing after Code, by this section shall apply with respect Resolved, That Denise Racanelli is author- such date calculated at a fixed annual per- to cases commenced under that title 11 on or ized to testify in the case of Peter Bergel v. centage rate, in an amount equal to the most after the date of enactment of this Act, or Pacific Gas & Electric, except concerning recently published annual yield on conven- pending on the date of enactment of this matters for which a privilege should be as- tional mortgages published by the Board of Act. serted. SEC. 2. The Senate Legal Counsel is author- Governors of the Federal Reserve System, as TITLE II—PROTECTING TAXPAYERS of the applicable time set forth in the rules ized to represent Denise Racanelli in connec- of the Board, plus a reasonable premium for SEC. 201. BARRING DIVIDEND INCREASES. tion with the testimony authorized in sec- risk; and’’. Section 113(d) of the Emergency Economic tion one of this resolution. Stabilization Act of 2008 (division A of Public (2) CONFORMING AMENDMENT.—Section f 1325(a)(5) of title 11, United States Code, is Law 110–343) is amended by adding at the end amended by inserting before ‘‘with respect’’ the following: AUTHORITY FOR COMMITTEES TO the following: ‘‘except as otherwise provided ‘‘(4) DIVIDENDS.—If the Secretary purchases MEET troubled assets under the authority of this in section 1322(b)(11) of this title,’’. COMMITTEE ON FINANCE Act, the financial institutions from which (b) WAIVER OF COUNSELING REQUIREMENT such assets are purchased may not pay divi- Mrs. FEINSTEIN. Mr. President, I WHEN HOMES ARE IN FORECLOSURE.—Section ask unanimous consent that the Com- 109(h) of title 11, United States Code, is dends in a cumulative amount that is higher amended by adding at the end the following: in the current or a future fiscal year than mittee on Finance be authorized to ‘‘(5) The requirements of paragraph (1) the cumulative dividends paid in the fiscal meet during the session of the Senate shall not apply with respect to a debtor who year immediately preceding the sale of the on Monday, November 17, 2008, at 2 files with the court a certification that a troubled assets until such time as the trou- p.m., in room 215 of the Dirksen Senate foreclosure sale of the debtor’s principal res- bled assets are no longer owned by the Sec- Office Building. idence has been scheduled.’’. retary.’’. The PRESIDING OFFICER. Without (c) COMBATING EXCESSIVE FEES.—Section SEC. 202. REDUCING DIVIDENDS TO PAY FOR EX- objection, it is so ordered. 1322(c) of title 11, the United States Code, is CESSIVE EXECUTIVE COMPENSA- COMMITTEE ON HOMELAND SECURITY AND amended— TION. Section 111(b)(2) of the Emergency Eco- GOVERNMENTAL AFFAIRS (1) in paragraph (1), by striking ‘‘and’’ at Mrs. FEINSTEIN. Mr. President, I the end; nomic Stabilization Act of 2008 (Public Law (2) in paragraph (2), by striking the period 110–343) is amended— ask unanimous consent that the Com- at the end and inserting a semicolon; and (1) in subparagraph (B), by striking ‘‘and’’ mittee on Homeland Security and Gov- (3) by adding at the end the following: at the end; ernmental Affairs be authorized to ‘‘(3) the plan need not provide for the pay- (2) in subparagraph (C), by striking the pe- meet during the session of the Senate ment of, and the debtor, the debtor’s prop- riod at the end and inserting ‘‘; and’’; and on Monday, November 17, 2008, at 10 (3) by adding at the end the following: erty, and property of the estate shall not be a.m. liable for, any fee, cost, or charge, notwith- ‘‘(D) a reduction in dividends paid by the institution in its next fiscal year equal to The PRESIDING OFFICER. Without standing section 506(b), that arises in con- objection, it is so ordered. nection with a claim secured by the debtor’s the executive compensation paid to senior principal residence if the event that gives executive officers in excess of $500,000 per of- COMMITTEE ON HOMELAND SECURITY AND rise to such fee, cost, or charge occurs while ficer in the current fiscal year.’’. GOVERNMENTAL AFFAIRS the case is pending but before the discharge f Mrs. FEINSTEIN. Mr. President, I order, except to the extent that— ask unanimous consent that the Com- ‘‘(A) notice of such fees, costs, or charges SUBMITTED RESOLUTIONS mittee on Homeland Security and Gov- is filed with the court, and served on the ernmental Affairs be authorized to debtor and the trustee, before the expiration meet during the session of the Senate of the earlier of— SENATE RESOLUTION 706—TO AU- on Monday, November 17, 2008, at 2:30 ‘‘(i) 1 year after the event that gives rise to THORIZE TESTIMONY AND p.m. such fee, cost, or charge occurs; or LEGAL REPRESENTATION IN The PRESIDING OFFICER. Without ‘‘(ii) 60 days before the closing of the case; PETER BERGEL V. PACIFIC GAS and objection, it is so ordered. ‘‘(B) such fees, costs, or charges are lawful, & ELECTRIC f reasonable, and provided for in the agree- Mr. REID (for himself and Mr. UNITED STATES ARMY ment under which such claim or security in- MCCONNELL) submitted the following COMMEMORATIVE COIN ACT terest arose; resolution; which was considered and ‘‘(4) the failure of a party to give notice de- agreed to: Mr. WHITEHOUSE. Madam Presi- scribed in paragraph (3) shall be deemed a dent, I ask unanimous consent that the waiver of any claim for fees, costs, or S. RES. 706 Senate proceed to the immediate con- charges described in paragraph (3) for all Whereas, in the case of Peter Bergel v. Pa- sideration of H.R. 5714, which was re- purposes, and any attempt to collect such cific Gas & Electric, No. 0712–15723, pending ceived from the House. fees, costs, or charges shall constitute a vio- in Multnomah County Circuit Court in Port- The PRESIDING OFFICER. The lation of section 524(a)(2) of this title or, if land, Oregon, the defendant has requested the violation occurs before the date of dis- testimony from Denise Racanelli, an em- clerk will report. charge, of section 362(a) of this title; and ployee in the office of Senator Gordon The legislative clerk read as follows: ‘‘(5) a plan may provide for the waiver of Smith; A bill (H.R. 5714) to require the Secretary any prepayment penalty on a claim secured Whereas, pursuant to sections 703(a) and of the Treasury to mint coins in recognition by the principal residence of the debtor.’’. 704(a)(2) of the Ethics in Government Act of and celebration of the establishment of the (d) PROHIBITING CLAIMS ARISING FROM VIO- 1978, 2 U.S.C. § § 288b(a) and 288c(a)(2), the United States Army in 1775, to honor the LATIONS OF CONSUMER PROTECTION LAWS.— Senate may direct its counsel to represent American soldier of both today and yester- Section 502(b) of title 11, United States Code, employees of the Senate with respect to any day, in wartime and in peace, and to com- is amended— subpoena, order, or request for testimony re- memorate the traditions, history, and herit- (1) in paragraph (8), by striking ‘‘or’’ at the lating to their official responsibilities; age of the United States Army and its role in end; Whereas, by the privileges of the Senate of American society, from the Colonial period (2) in paragraph (9), by striking the period the United States and Rule XI of the Stand- to today. at the end and inserting ‘‘; or’’; and ing Rules of the Senate, no evidence under There being no objection, the Senate (3) by adding at the end the following: the control or in the possession of the Senate proceeded to consider the bill. ‘‘(10) such claim includes a request for may, by the judicial or administrative proc- Mr. WHITEHOUSE. Madam Presi- damages or rescission based on a failure to ess, be taken from such control or possession dent, I ask unanimous consent that the comply with the Truth in Lending Act (15 but by permission of the Senate; bill be read three times and passed, the U.S.C. 1601 et seq.), or any other provision of Whereas, when it appears that evidence applicable State or Federal consumer protec- under the control or in the possession of the motion to reconsider be laid upon the tion law in force when the failure to comply Senate may promote the administration of table, with no intervening action or de- occurred, notwithstanding a prior entry of a justice, the Senate will take such action as bate, and any statements related to the foreclosure judgment.’’. will promote the ends of justice consistent bill be printed in the RECORD.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 17, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24139 The PRESIDING OFFICER. Without tions to reconsider be laid upon the Mr. WHITEHOUSE. I now ask for a objection, it is so ordered. table en bloc with no intervening ac- second reading en bloc and object to The bill (H.R. 5714) was ordered to a tion or debate, and any statements be my own request en bloc. third reading, was read the third time, printed in the RECORD. The PRESIDING OFFICER. Objec- and passed. The PRESIDING OFFICER. Without tion having been heard, the bills will f objection, it is so ordered. receive their second reading on the The resolution (S. Res. 706) was next legislative day. CHILD SAFE VIEWING ACT agreed to. f Mr. WHITEHOUSE. Madam Presi- The preamble was agreed to. dent, I ask the Chair to lay before the The resolution, with its preamble, APPOINTMENTS reads as follows: Senate a message from the House with The PRESIDING OFFICER. The respect to S. 602. S. RES. 706 Chair announces the following appoint- The PRESIDING OFFICER (Ms. STA- Whereas, in the case of Peter Bergel v. Pa- ment made by the majority leader dur- BENOW) laid before the Senate the fol- cific Gas & Electric, No. 0712–15723, pending ing the recess of the Senate pursuant in Multnomah County Circuit Court in Port- lowing message from the House of Rep- to the unanimous consent agreement of resentatives: land, Oregon, the defendant has requested testimony from Denise Racanelli, an em- October 2, 2008: Resolved, That the bill from the Senate (S. ployee in the office of Senator Gordon Pursuant to provisions of Public Law 110– 602) entitled ‘‘An Act to develop the next Smith; 343, the appointment of Elizabeth Warren, of generation of parental control technology’’, Whereas, pursuant to sections 703(a) and Massachusetts, as a member of the Congres- do pass with the following amendment: 704(a)(2) of the Ethics in Government Act of sional Oversight Panel. Strike section 2 and redesignate section 3 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the as section 2. The Chair announces the following Senate may direct its counsel to represent appointment made by the majority Mr. WHITEHOUSE. Madam Presi- employees of the Senate with respect to any dent, I ask unanimous consent that the subpoena, order, or request for testimony re- leader of the Senate, after consultation Senate concur in the House amend- lating to their official responsibilities; with the Republican leader of the Sen- ment and the motion to reconsider be Whereas, by the privileges of the Senate of ate, and the Speaker of the House dur- laid upon the table, with no inter- the United States and Rule XI of the Stand- ing the recess of the Senate pursuant ing Rules of the Senate, no evidence under vening action or debate. to the unanimous consent agreement of the control or in the possession of the Senate October 2, 2008: The PRESIDING OFFICER. Without may, by the judicial or administrative proc- Pursuant to provisions of Public Law 110– objection, it is so ordered. ess, be taken from such control or possession 343, appointment of Damon Silvers, of Mary- but by permission of the Senate; f land, as a member of the Congressional Over- Whereas, when it appears that evidence sight Panel. SENATE LEGAL COUNSEL under the control or in the possession of the AUTHORIZATION Senate may promote the administration of f Mr. WHITEHOUSE. Madam Presi- justice, the Senate will take such action as ORDERS FOR WEDNESDAY, dent, I ask unanimous consent that the will promote the ends of justice consistent with the privileges of the Senate: Now, NOVEMBER 19, 2008 Senate proceed to the immediate con- therefore, be it sideration of S. Res. 706, submitted ear- Resolved that Denise Racanelli is author- Mr. WHITEHOUSE. Madam Presi- lier today. ized to testify in the case of Peter Bergel v. dent, I ask unanimous consent that The PRESIDING OFFICER. The Pacific Gas & Electric, except concerning when the Senate completes its business clerk will report the resolution by matters for which a privilege should be as- today, it stand adjourned until 9:30 title. serted. a.m., Wednesday, November 19; that The legislative clerk read as follows: SEC. 2. The Senate Legal Counsel is author- following the prayer and pledge, the ized to represent Denise Racanelli in connec- A resolution (S. Res. 706) to authorize tes- Journal of proceedings be approved to tion with the testimony authorized in sec- date, the morning hour be deemed ex- timony and legal representation in Peter tion one of this resolution. Bergel v. Pacific Gas & Electric. pired, the time for the two leaders be f There being no objection, the Senate reserved for their use later in the day, proceeded to consider the resolution. MEASURES READ THE FIRST and the Senate proceed to a period of Mr. REID. Mr. President, this resolu- TIME—S. 3688, S. 3689, H.R. 6867, morning business, with Senators per- tion concerns a request for testimony AND H.R. 7110 mitted to speak for up to 10 minutes in a civil action in Multnomah County Mr. WHITEHOUSE. Madam Presi- each; that following morning business, Court in Portland, OR. In this action, dent, I understand that there are four the Senate resume consideration of the the plaintiff, an anti-war protester, bills at the desk and I ask for their motion to proceed to S. 3297. seeks damages for an alleged false ar- first reading en bloc. I further ask unanimous consent that rest in March 2007 in the lobby of a pri- The PRESIDING OFFICER. Without with respect to the measures read for vate office building housing Senator objection, it is so ordered. The clerk the first time, they be considered as SMITH’s Portland, OR office. The de- will read the titles of the bills en bloc. having been read a second time on fendant owner of the building has re- The legislative clerk read as follows: Tuesday for the purpose of placing the quested that an employee in the Sen- A bill (S. 3688) to provide for additional bills on the calendar with respect to ator’s Portland office provide in con- emergency unemployment compensation, to rule XIV. nection with upcoming summary judg- amend the Emergency Economic Stabiliza- The PRESIDING OFFICER. Without ment proceedings a declaration con- tion Act of 2008 to authorize loans to auto- objection, it is so ordered. mobile manufacturers and component sup- cerning relevant communications the f pliers, and for other purposes. employee had with building security A bill (S. 3689) making supplemental appro- officers related to the events in ques- ADJOURNMENT UNTIL WEDNES- priations for job creation and preservation, DAY, NOVEMBER 19, 2008, AT 9:30 tion. Senator SMITH would like to co- infrastructure investment, and economic and operate by providing testimony from energy assistance for the fiscal year ending A.M. that employee. This resolution would September 30, 2009, and for other purposes. Mr. WHITEHOUSE. If there is no fur- authorize that employee to testify in A bill (H.R. 6867) to provide for additional ther business to come before the Sen- connection with this action, with rep- emergency unemployment compensation. ate, I ask unanimous consent that it resentation by the Senate Legal Coun- A bill (H.R. 7110) making supplemental ap- stand adjourned under the previous propriations for job creation and preserva- sel. tion, infrastructure investment, and eco- order. Mr. WHITEHOUSE. I ask unanimous nomic and energy assistance for the fiscal There being no objection, the Senate, consent that the resolution be agreed year ending September 30, 2009, and for other at 6:03 p.m., adjourned until Wednes- to, the preamble be agreed to, the mo- purposes. day, November 19, 2008, at 9:30 a.m.

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24140 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 NOMINATIONS NEWTON E. KENDIG MONIQUE V. PETROFSKY JEFFREY B. KOPP GILBERT P. ROSE Executive nominations received by ERIC A. MANN CINDY L. WILSON AUBREY K. MILLER BEVERLY R. WRIGHT the Senate: ERIC D. MINTZ ALLYN K. NAKASHIMA To be senior nurse officer DEPARTMENT OF THE TREASURY ELENA H. PAGE VICTORIA L. ANDERSON NEIL M. BAROFSKY, OF NEW YORK, TO BE SPECIAL IN- BRENT PENNINGTON LINDA J. BELSITO SPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF CALMAN P. PRUSSIN SUSAN K. BROWN PROGRAM. (NEW POSITION) STEVEN G. SCOTT MICHAEL P. BRYCE ROBERT J. SIMONDS ANNETTE R. DEBISETTE DEPARTMENT OF TRANSPORTATION MARK J. TEDESCO JOANNE DERDAK DOUGLAS B. TROUT ROBERT A. DEHAAN, OF VIRGINIA, TO BE AN ASSIST- MARY Y. ELKINS JONATHAN T. WEBER ANT SECRETARY OF TRANSPORTATION, VICE TYLER D. SUSAN K. FRITZ JANE R. ZUCKER DUVALL. BYRON C. GLENN To be senior surgeon WANDA W. GONZALEZ DEPARTMENT OF STATE JOAN F. HUNTER KENNETH L. BROOKS MARY L. KINKADE MICHAEL JONATHAN GREEN, OF MARYLAND, TO BE ERLINDA R. CASUGA-MARQUEZ COLLEEN O. LEE SPECIAL REPRESENTATIVE AND POLICY COORDINATOR AHMED M. ELKASHEF JAIME MUNIZ FOR BURMA, WITH THE RANK OF AMBASSADOR. (NEW PO- DOUGLAS H. ESPOSITO PRISCILLA J. POWERS SITION) ALICIA M. FRY DORIS L. RAYMOND STATE JUSTICE INSTITUTE ROSEMARIE HIRSCH LETITIA L. RHODES STEPHEN P. KACHUR BONNIE A. SAYLOR STEVEN C. HOLLON, OF OHIO, TO BE A MEMBER OF THE CHARLES E. LEE SYLVIA TRENT-ADAMS BOARD OF DIRECTORS OF THE STATE JUSTICE INSTI- SARAH R. LINDE-FEUCHT JOYCE B. WATSON TUTE FOR A TERM EXPIRING SEPTEMBER 17, 2010, VICE JULIE M. MAGRI DANIEL J. WESKAMP ROBERT NELSON BALDWIN, TERM EXPIRED. KATHERINE C. PALATIANOS JOSEPH E. LAMBERT, OF KENTUCKY, TO BE A MEMBER MARY C. PORVAZNIK To be nurse officer OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE STEPHEN M. RUDD DAWN A. ANDERSON-GARY INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2009, TARAZ SAMANDARI ILEANA BARRETO-PETTIT VICE ROBERT A. MILLER, TERM EXPIRED. JULIA A. SCHILLINGER PATRICIA A. BARRETT GAYLE A. NACHTIGAL, OF OREGON, TO BE A MEMBER MICHAEL G. WILCOX VALENE N. BARTMESS OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE JASON J. WOO JASON M. BISCHOFF INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2009, DARIUS S. YORICHI MARIE A. CASEY VICE SOPHIA H. HALL, TERM EXPIRED. To be surgeon SUSANNA N. CHOI ARTHUR G. SCOTLAND, OF CALIFORNIA, TO BE A MEM- BRIAN R. CRONENWETT BER OF THE BOARD OF DIRECTORS OF THE STATE JUS- ANTHONY M. DUNNIGAN DERWENT O. DANIEL TICE INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, MARK R. DYBUL JOHN W. DAVID, JR. 2010, VICE FLORENCE K. MURRAY, TERM EXPIRED. NANCY W. KNIGHT DIANE DOUGLAS GERALD W. VANDEWALLE, OF NORTH DAKOTA, TO BE DIANNA L. MAHONEY KIMBERLY J. ELENBERG MEMBER OF THE BOARD OF DIRECTORS OF THE STATE KELTON H. OLIVER EILEEN M. FALZINI JUSTICE INSTITUTE FOR A TERM EXPIRING SEPTEMBER PRAGNA PATEL DION E. FRANKLUND 17, 2009, VICE ARTHUR A. MCGIVERIN, TERM EXPIRED. TOBE M. PROPST BARBARA A. FULLER FOREIGN SERVICE JEFFREY D. SCHULDEN SERINA A. HUNTER-THOMAS DAVID L. SPRENGER JACKIE KENNEDY-SULLIVAN THE FOLLOWING-NAMED CAREER MEMBERS OF THE GREGGORY J. WOITTE CAROL S. LINCOLN SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- DAVID WONG LISA A. MARUNYCZ RICULTURE FOR PROMOTION WITHIN AND INTO THE SEN- TAMI L. MCBRIDE IOR FOREIGN SERVICE TO THE CLASSES INDICATED: To be senior assistant surgeon ALBERTA M. MCCABE CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, DAISY Y. ENG SHERRY L. MCREYNOLDS CLASS OF CAREER MINISTER: DANIEL MOLINA ANITA E. POLLARD ASIF J. CHAUDHRY, OF WASHINGTON LETITIA B. ROBINSON To be dental director THOMAS M. SCHEIDEL CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, JEFFERY R. SEMAK CLASS OF MINISTER-COUNSELOR: MICHAEL C. ARNOLD JUDITH B. SUTCLIFFE GARY C. GROVES, OF TEXAS TIMOTHY S. BISHOP VICTORIA F. VACHON WILLIAM F. CATELLI II CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, JOHN F. CAUDILL II To be senior assistant nurse officer CLASS OF COUNSELOR: JEFFERY R. COMBS ALAN D. HRAPSKY, OF TEXAS DEAN J. COPPOLA MARK D. CRUZ STEVEN D. FLORER KAORI DONOHUE IN THE COAST GUARD CARL J. GUSTKE BRYAN H. EMERY DANIEL J. HICKEY COLEEN R. FETT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSHUA E. HARDIN AS CHIEF OF STAFF OF THE UNITED STATES COAST JOSEPH G. HOSEK THOMAS E. JORDAN JAMES E. THOMAS GUARD AND TO THE GRADE INDICATED UNDER TITLE 14, WILLIAM T. WILLIAMSON U.S.C., SECTION 50A: MARY G. MURPHY REBECCA V. NESLUND ANH P. WRIGHT To be vice admiral JAMES T. OWEN To be assistant nurse officer THOMAS A. REESE REAR ADM. JOHN P. CURRIER SUZANNE K. SAVILLE JAMES K. LYONS ADRIANA M. MEYER-ALONZO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be senior dental surgeon AS COMMANDER, PACIFIC AREA OF THE UNITED STATES To be engineer director COAST GUARD AND TO THE GRADE INDICATED UNDER ANITA ARNOLD TITLE 14, U.S.C., SECTION 50: RONALD C. COX DAVID M. APANIAN To be vice admiral GLEN A. EISENHUTH BRYAN L. FISCHER RICHARD L. FIRNHABER MICHAEL G. GRESSEL REAR ADM. JODY A. BRECKENRIDGE RONALD L. FULLER ROBERT B. MCVICKER STANLEY K. GORDON ROBERT J. REISS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTINE K. HENG KEITH P. SHORTALL TO THE GRADE INDICATED IN THE UNITED STATES ARLENE M. LESTER MARK A. STAFFORD COAST GUARD RESERVE UNDER TITLE 10, U.S.C., SECTION JOHN E. LORINCZ GEORGE W. STYER 12203(A): AARON R. MEANS, SR. MAURICE C. WEST To be captain KATHLEEN M. OCONNOR-MORAN To be senior engineer officer RICHARD D. STRICKLIN KENT P. BAUER TODD M. TOVAREK STEVEN L. BOSILJEVAC MARK S. MACKEY To be dental surgeon GARY S. EARNEST PUBLIC HEALTH SERVICE CHERYL FAIRFIELD ESTILL RUBEN S. ACUNA CHUCRI A. KARDOUS THE FOLLOWING CANDIDATES FOR PERSONNEL AC- JOYCE D. BIBERICA JAMES H. LUDINGTON TION IN THE REGULAR CORPS OF THE COMMISSIONED WILLIAM J. ESPOSITO JAMIE D. NATOUR CORPS OF THE U. S. PUBLIC HEALTH SERVICE SUBJECT KATRINA J. LESLIE STEVEN E. RAYNOR TO QUALIFICATIONS THEREFORE AS PROVIDED BY LAW ANTHONY L. LIKES DANIEL C. TOMPKINS AND REGULATIONS: KIMBERLY WOODS MONTOYA DENNIS J. WAGNER ADRIAN R. PALMER MARJORIE E. WALLACE To be medical director STELLA YUK KWAN LAU WISNER MARY M. WEBER RICHARD S. WERMERS PAUL J. ANDREASON To be nurse director WANDA D. BARFIELD To be engineer officer CHARLES H. BEYMER ANA MARIE L. BALINGIT-WINES SUSAN BLANK EILEEN D. BONNEAU STEVEN J. DYKSTRA MICHAEL J. BOQUARD SHEILA D. CARNES KEITH E. FOY BRENTON T. BURKHOLDER LAURIE S. IRWIN-PINKLEY DAVID E. HARVEY JAY C. BUTLER DAVID W. KELLY KELLY G. HUDSON MICHAEL A. CAROME DAVID L. KERSCHNER DAVID E. JOHNSON MARTIN S. CETRON KATHLEEN M. KOBUS MATHEW J. MARTINSON SUSAN T. COOKSON CAROL L. KONCHAN JENNIFER E. MOSSER MICHAEL M. ENGELGAU MARY M. LEEMHUIS BRENT D. ROHLFS CAROL FRIEDMAN MICHAEL D. LYMAN CHAD A. SNELL RICHARD P. HEDLUND ROBERT W. MAYES To be senior assistant engineer officer DALE J. HU JERILYN ANDERSON MCCLAIN STEPHEN G. KALER GENISE Y. NIXON SEAN T. BUSH

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JENNIFER LYNN CAPAROSO CATHERINE Y. CHEW CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE JEREMY B. NICKELS CHAE UN CHONG AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be scientist director TAMARA A. CLOSE 601: MICHAEL A. EDDY To be lieutenant general PETER I. HARTSOCK REBECCA E. GARNER LAUREN C. IACONO-CONNORS GARY B. HOBBS MAJ. GEN. MARK A. WELSH III ROSA J. KEY-SCHWARTZ MARCI C. KIESTER HELENA O. MISHOE KRISTY M. KLINGER IN THE NAVY JOYCE L. SMITH VLADA MATUSOVSKY NINA C. MEZU-NWABA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM H. TAYLOR III MARGARET A. RINCON IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be senior scientist SPENCER S. SALIS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TINA M. SPENCE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CHRISTINE J. BENALLY JACQUELINE K. THOMAS To be vice admiral JOHN J. ECKERT VASAVI T. THOMAS LAURENCE M. GRUMMER-STRAWN GERARDO Z. VAZQUEZ REAR ADM. JOHN M. MATECZUN LESLIE A. MACDONALD CHI-ANN YU WU IN THE AIR FORCE To be scientist To be senior dietitian THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- RACHEL N. AVCHEN JULI M. HAWS MENT TO THE GRADE INDICATED IN THE REGULAR AIR DAN-MY T. CHU ANN M. STATEN FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): DANICE K. EATON LISA N. PEALER To be dietitian To be major DIANA L. SCHNEIDER ROBERT M. COLLISON KATHLEEN V. REDER To be environmental health officer director To be senior therapist THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- ALAN S. ECHT JESSIE WHITEHURST LIEF MENT TO THE GRADE INDICATED IN THE REGULAR AIR ROBERT F. HENNES RITA B. SHAPIRO FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): MICHAEL E. HERRING To be major JOSEPH L. HUGHART To be therapist ROBERT S. NEWSAD COREY S. DAHL SAMANTHA S. BOUSIGUES DOUGLAS C. PICKUP FREDERICK V. LIEF JOHN J. LINNETT RICHARD E. TURNER HENRY P. MCMILLAN THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- PAUL T. YOUNG ROBERT E. ROE, JR. MENT TO THE GRADES INDICATED IN THE REGULAR AIR JON M. SCHULTZ To be senior environmental health officer FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): To be health services director ERIC J. ESSWEIN To be lieutenant colonel DEBORAH A. GRECO WILLIAM M. GOSMAN JOHN M. BEENE II WILLIAM J. GREIM GREG A. KETCHER MICHAEL P. KEIFFER ROBERT J. LYON To be major JOE L. MALONEY W. HENRY MACPHERSON DAVID H. MCMAHON MARGARET A. MCDOWELL CHINMOY R. MISHRA GARY D. PERLMAN MICHAEL R. MILNER MARK E. SANBORN EDWARD A. PFISTER JANET REEN SAUL IN THE ARMY EDWIN VAZQUEZ To be senior health services officer To be environmental health officer THE FOLLOWING NAMED ARMY NATIONAL GUARD OF CAROL E. AUTEN THE UNITED STATES OFFICER FOR APPOINTMENT TO CHARLES M. BLUE GREGORY D. CLIFT THE GRADE INDICATED IN THE RESERVE OF THE ARMY WILLIAM C. CRUMP VALERIE A. DARDEN UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TIMOTHY E. JIGGENS MICHAEL J. FLOOD To be colonel MARY B. O’CONNOR MARK S. HOSS HARRICHAND RHAMBAROSE RICHARD R. KAUFFMAN GREGG A. BLISS DANIEL J. YEREB ELIJAH K. MARTIN, JR. PHILIP S. MCRAE THE FOLLOWING NAMED ARMY NATIONAL GUARD OF To be senior assistant environmental health SHEILA P. MERRIWEATHER THE UNITED STATES OFFICER FOR APPOINTMENT TO officer DAVID J. MILLER THE GRADE INDICATED IN THE RESERVE OF THE ARMY SUNIL PATEL UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ROBERT A. GIBBS ANTHONY SANCHEZ To be colonel CHRISTOPHER T. SMITH PHILLIP L. TOY To be veterinary director JEANEAN D. WILLIS-MARSH STUART A. MELLON SEAN F. ALTEKRUSE To be health services officer THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT TO STEPHANIE I. HARRIS DAVID J. BELLWARE THE GRADE INDICATED IN THE RESERVE OF THE ARMY HUGH M. MAINZER KEITH W. CESPON UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: STEPHANIE R. OSTROWSKI RHONDALYN R. COX To be senior veterinary officer GREGORY J. FLAITZ To be colonel ANNA T. GONZALES TERRI R. CLARK DIONE MARIE HARJO ROBERT S. GATEWOOD VICTORIA A. HAMPSHIRE BETH ANNE HENSON THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ALFRED W. MONTGOMERY THERESA A. MINTER THE UNITED STATES OFFICER FOR APPOINTMENT TO DANIEL R. OLEARY DAISY D. MITCHELL THE GRADE INDICATED IN THE RESERVE OF THE ARMY MICHELLE A. PELKEY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be veterinary officer JACQUELINE D. RODRIGUE GREGORY L. LANGHAM TOBEY MANNS ROYAL To be colonel SCOTT J. SALVATORE To be pharmacist director ANGELA K. SHEN STEVEN P. JAHNER J. R. ERIC EDWARDS To be senior assistant health services officer THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR MARY A. FONG APPOINTMENT TO THE GRADE INDICATED IN THE MARIE B. GREENWOOD BRIAN T. BURT UNITED STATES ARMY MEDICAL SPECIALIST CORPS GEORGE J. HAVENS III SEAN R. BYRD UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: TORREY B. DARKENWALD MARTIN JAGERS To be major ANTHONY E. KELLER EDUARDO R. FAYTONG JAMES D. HALL, JR. MICHAEL R. LILLA WILLIAM H. SMITHSON M. CARLENE MCINTYRE CARL A. HUFFMAN III MURRAY F. POTTER JASON S. JURKOWSKI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NICHOLAS A. QUAGLIETTA RAQUEL A. PEAT TO THE GRADE INDICATED IN THE UNITED STATES ARMY RENEE J. RONCONE ANGEL E. SANCHEZ UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN C. SMITH MARGARET A. SIMONEAU To be lieutenant colonel THOMAS J. TROSHYNSKI ANTHONY A. WALKER DARIN S. WIEGERS JAMES O. MCLINNAHAM To be senior pharmacist ELAINE C. WOLFF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTINE HEE-KYUNG CHUNG IN THE AIR FORCE AS PERMANENT PROFESSOR AT THE UNITED STATES MICHELLE DILLAHUNT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MILITARY ACADEMY IN THE GRADE INDICATED UNDER TERRY A. HOOK IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TITLE 10, U.S.C., SECTIONS 4333(B) AND 4336(A): MARY E. KREMZNER CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE NITIN K. PATEL To be lieutenant colonel AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ROBERT G. PRATT 601: NITA SOOD GREGORY R. EBNER BRENDA L. STODART To be lieutenant general THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR MATTHEW J. TAROSKY MAJ. GEN. LOREN M. RENO APPOINTMENT TO THE GRADE INDICATED IN THE LISA L. TONREY UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER To be pharmacist THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TITLE 10, U.S.C., SECTIONS 531 AND 3064: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MATTHEW R. BAKER CATED UNDER TITLE 10, U.S.C., SECTION 624: To be major DAVID A. BATES PAUL E. WEBB WILLIAM H. BENDER To be brigadier general SYE D. BENNEFIELD COL. JAMES K. MCLAUGHLIN THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR MARY A. BICKEL APPOINTMENT TO THE GRADE INDICATED IN THE BRADLEY M. BISHOP THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES ARMY MEDICAL SPECIALIST CORPS MICHAEL P. BOURG IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

VerDate Sep 11 2014 11:05 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00072 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S17NO8.REC S17NO8 ejoyner on DSK30MW082PROD with BOUND RECORD 24142 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 17, 2008 To be major TERRY L. GOSCH CARMINE C. APICELLA ALEC S. HAIL FRANCISCO ARCE RANDY R. COTE THOMAS E. HONADEL GARY R. ARNOLD MICHAEL P. STEELY BRYAN K. KETZENBERGER RUSSELL N. BAILEY KATHLEEN M. MILLER MARIA B. BARRETT THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR JOHN C. SMITH MARK D. BAXTER APPOINTMENT TO THE GRADE INDICATED IN THE ANTHONY F. BECK UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN P. BEDELL U.S.C., SECTIONS 531 AND 3064: TO THE GRADE INDICATED IN THE UNITED STATES ARMY STEPHEN J. BENAVIDES To be major MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., ANDREW M. BERRIER SECTIONS 624 AND 3064: LINDA K. BEUCKENS EROL AGI To be colonel STEPHEN M. BIRCH MARTIN A. HRITZ JOHN H. BIRDSONG III JOSEPH R. LOWE MELANIE J. CRAIG RALPH BOECKMANN DAVID A. NIEMIEC PAULINE V. GROSS JOSEPH J. BOVY, JR. PATRICK C. SEAN PAUL D. STONEMAN SAUL BRACERO BOBBY J. BROWN THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL E. BROWN APPOINTMENT TO THE GRADE INDICATED IN THE TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOHN R. BURGER UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND ROBERT E. BURKS, JR. U.S.C., SECTIONS 531 AND 3064: 3064: ROBERT K. CARNAHAN To be major To be colonel DUANE T. CARNEY DAVID H. CARSTENS RICHARD S. GLASS CYNTHIA J. ABBADINI BRUCE D. CAULKINS WESLEY SHANKLAND JENNIFER L. BEDICK KEMP L. CHESTER VICTOR F. WALLACE GLORIA L. BONDS PHILIP B. CLEMMONS THOMAS E. CEREMUGA ROSS M. CLEMONS THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR CRYSTAL D. CHATMANBROWN DAVID C. COCHRAN APPOINTMENT TO THE GRADES INDICATED IN THE ROBERT F. DETTMER PATRICK E. CONNORS II UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, KAREN D. DUNLAP ROBERT B. DAVIS U.S.C., SECTIONS 531 AND 3064: KIMBERLY A. FEDELE KENNETH L. DEAL, JR. To be lieutenant colonel WALT HINTON BRYAN D. DECOSTER DENISE L. HOPKINSCHADWICK JOHN C. DEJARNETTE III JERZEY J. CHACHAJ DONNA L. HUNT REGINA K. DRAPER WANDA D. JENKINS WILLIAM P. DUGGAN To be major GREGORY T. KIDWELL DWIGHT L. DUQUESNAY ANNE BROADWAY RICHARD T. KNOWLTON, JR. MARK A. ELLIOTT CASEY J. GEANEY JANICE M. LEHMAN GARY D. ESPINAS GREGORY HART PAUL C. LEWIS MANUEL V. ESPINOSA JOHN E. WILLIAMS JANICE F. NICKIEGREEN KIMBERLY FIELD JOSEPH M. PAULINO DENNIS D. FIEMEYER THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR JEFFREY E. PETERS CARLOS A. FIGUEROA APPOINTMENT TO THE GRADES INDICATED IN THE GERTDELL PHYALL NEIL E. FITZPATRICK UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, DIANE D. SCHERR STEVEN D. FLEMING U.S.C., SECTIONS 531 AND 3064: CATHERINE M. SHUTAK ROBERT E. FRIEDENBERG To be lieutenant colonel BELINDA L. SPENCER SHAWN D. FRITZ ELIZABETH A. VANE ROBERT J. GADDIS MALISSA A. HILL JOY A. WALKER JOHN A. GEORGE KAREN M. WHITMAN TODD M. GESLING To be major JUSTIN A. WOODHOUSE KAREN H. GIBSON JAMES A. GLACKIN DANIEL N. MOBIT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SIMON R. GOERGER JOHN D. PELICK TO THE GRADE INDICATED IN THE UNITED STATES ARMY STEPHEN C. GOMILLION IRENE B. REYES MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- THOMAS J. GOSS SOMA R. WEBB TIONS 624 AND 3064: DONG C. HA THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR To be colonel MARK O. HAGUE APPOINTMENT TO THE GRADES INDICATED IN THE LINWOOD Q. HAM, JR. UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, DERRICK F. ARINCORAYAN ROBERT E. HAMILTON U.S.C., SECTIONS 531 AND 3064: JOSEPH P. BENTLEY DANIEL L. HAMPTON JOSEPH M. BIRD CARY C. HARBAUGH To be colonel STEPHEN V. BOWLES ALEX J. HEIDENBERG LARRY D. CADE MICHAEL D. HENDRICKS DWIGHT Y. SHEN LINDA R. CARMEN ROBERT E. HENSTRAND To be lieutenant colonel RICK F. CLABAUGH ALAN W. HESTER NOLAN P. CLARK, JR. CHRISTOPHER P. HIMSL WILLIAM L. BUCHANAN ALLAN J. DARDEN RICHARD J. HOLDREN CAREY MITCHELL RICHARD N. DAVID FERNANDO M. HUERTA To be major PATRICK N. DENMAN ROBERT S. HUGHES DANNY R. DEUTER MICHAEL P. HYNES LINA Z. HU FREDRICK G. DUBOIS DAVID T. ISAACSON PAUL R. HUNT DAVID K. DUNNING MICHAEL J. JANSER JEFFREY R. LONG PAUL H. DURAY, JR. MICHAEL W. JOHNSON JEFFREY M. FOE DAVID S. JONES THE FOLLOWING NAMED ARMY NATIONAL GUARD OF RONNY A. FRYAR JOHN K. JONES THE UNITED STATES OFFICERS FOR APPOINTMENT TO LAWRENCE V. FULTON KEITH L. JUNE THE GRADE INDICATED IN THE RESERVE OF THE ARMY RICHARD GONZALES THOMAS J. KARDOS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MICHAEL S. HEIMALL JOHN M. KEETER To be colonel MICHAEL E. HERSHMAN ILEAN K. KELTZ DAVID J. HILBER MICHAEL E. KNUTSON MICHAEL C. AHN PHILLIP L. HOCKINGS DAVID P. KOMAR RICHARD P. MARTIN WILLIAM P. LACHANCE DEAN A. KRATZENBERG DENNIS P. LEMASTER JEFFREY D. KULMAYER THE FOLLOWING NAMED ARMY NATIONAL GUARD OF KEVIN M. MCNABB JAMES D. LAMPTON THE UNITED STATES OFFICERS FOR APPOINTMENT TO CHARLES B. MILLARD SHIRLEY J. LANCASTER THE GRADE INDICATED IN THE RESERVE OF THE ARMY OCTAVIO C. MONTVAZQUEZ GREGORY D. LAUTNER UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MICHAEL T. NEARY MICHAEL S. LEWIS To be colonel SCOTT J. PUTZIER JAMES R. LOY II DAVID W. ROBERTS MARK W. LUKENS CHARLES K. ARIS STEVEN T. RUMBAUGH KEVIN B. MARCUS LINDA A. CILLS WILLIAM F. SCHIEK DOUGLAS V. MASTRIANO MICHAEL P. HERMAN MATTHEW J. SCHOFIELD TWALA D. MATHIS MICHAEL J. WOODS THOMAS C. SLADE JOHN A. MAUK JOHN R. WORSTER STEPHEN D. SOBCZAK DAVID J. MCCARTHY JOHN SPAIN DOUGLAS F. MCCOLLUM THE FOLLOWING NAMED ARMY NATIONAL GUARD OF WILLIAM M. STUBBS MICHAEL V. MCCREA THE UNITED STATES OFFICERS FOR APPOINTMENT TO CARMINE F. TAGLIERI JARVIS B. MCCURDY THE GRADE INDICATED IN THE RESERVE OF THE ARMY ANDREA E. TALIAFERRO KAYE MCKINZIE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CASMERE H. TAYLOR JOHN E. MCLAUGHLIN To be colonel JOHN V. TEYHEN III STEVEN J. MCLAUGHLIN NATHANIEL TODD JAMES R. MEISINGER ERIC C. BUSH HELEN B. VISCOUNT STEPHEN A. MIDDLETON KEVIN P. CAVANAUGH MARK C. WILHITE DANIEL B. MILLER KENNETH S. HARA D060674 FREDERICK L. MILLER JON A. JENSEN JEFFREY H. MUSK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AXA S. PERWICH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY WILLIAM R. PFEFFER TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: PAUL M. PHILLIPS VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS To be colonel DANIAL D. PICK 624 AND 3064: MICHAEL J. PLUMMER To be colonel WILLIAM J. ADAMS LAURA A. POTTER MICHAEL R. ANDERSON MARK E. POWELL EDWARD J. BRIAND JOSEPH W. ANGYAL SAMUEL H. PRUGH

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EDWARD F. RIEHLE LANCE R. KOENIG RONALD P. CLARK GREGORY J. SALOMON AIMEE L. KOMINIAK KEVIN R. CLARKE, JR. JEFFREY D. SAUNDERS ROBERT S. LARSEN MARTIN C. CLAUSEN JEFFERY R. SCHILLING JOHN LEMONDES, JR. CHARLES T. CLIMER, JR. SEAN M. SCOTT ROBERT C. LING CARL R. COFFMAN, JR. JOSEPH C. SHANNON RUSSELL M. LIVINGSTON JONATHAN M. COHEN DARRYL S. SHAW DAVID J. LUDERS JOHN D. COOKSEY IVAN B. SHIDLOVSKY DOUGLAS M. MCBRIDE DOUGLAS C. CRISSMAN VAN R. SIKORSKY GARRY W. MCCLENDON RICHARD E. CROGAN II GREGG A. SKIBICKI GREGORY R. MCCLINTON JOHN W. CROSS JOSEPH K. SMITH ANDREW J. MCCONACHIE PAUL R. DANIELS ROBERT A. SNYDER, JR. CHRISTOPHER T. MCCURRY DAVID A. DANIKOWSKI EDWARD J. SOBIESK EDWARD G. MCGINLEY BENTON A. DANNER STEPHEN C. SOBOTTA TIMOTHY A. MCKERNAN DONALD E. DEGIDIO, JR. BRYNDOL A. SONES ARIE J. MCSHERRY GREGORY P. DEWITT WAYNE P. STILWELL RODNEY A. MENTZER ROBERT P. DICKERSON JOHN T. STROMBERG MARK F. MIGALEDDI MICHAEL A. DILLARD JOHN J. STRYCULA SCOTT S. MILLS PATRICK J. DONAHOE RODNEY X. STURDIVANT WILLIAM L. MOSELEY STEVEN L. DONALDSON ANDREA L. THOMPSON KEITH E. MUSCHALEK THOMAS T. DORAME ROBERT TIMM RICHARD J. NIEBERDING, JR. MARSHALL K. DOUGHERTY, JR. ANNETTE L. TORRISI TYLER C. OSENBAUGH JOHN P. DRAGO STEVEN L. TUCKER JOHN W. PERFETTI JON R. DRUSHAL RICHARD J. TURNER JOHN L. POLLOCK KEVIN R. DUNLOP ARLESTER VERNON, JR. JOSEPH K. POPE JOHN O. EDBORG MARK M. VISOSKY JOHN A. POTTS SCOTT L. EFFLANDT CARLOS L. WALKER, JR. SCOTT A. PULFORD CHARLES J. EKVALL, JR. KELLY J. WARD FREDERICK A. PUTHOFF CHARLES M. EVANS AARON A. WEBSTER MARUE R. QUICK ANGELIA D. FARNELL JAMES P. WETZEL BRIAN L. ROGERS MARK F. FASSL RANDALL H. WILLIAMSON GWENDOLYN S. ROLAND DAVID M. FEE PETER B. WITH CHRISTIAN E. RUSH JOSEPH R. FELICIANO STEPHEN C. WREN TONY J. SARVER RICHARD M. FENOLI TIMOTHY R. WULFF KATHERINE A. SCANLON MICHAEL R. FENZEL JAMES G. ZELLMER GERHARD P. SCHROTER CHARLES P. FERRY X0004 WILLIAM C. SLADE WILLIAM J. FINLEY X0002 MICHAEL W. SNOW CHARLES A. FISH D060520 LEONARD T. STEINER, JR. THOMAS S. FISHER D060291 KEVIN P. STODDARD TIMOTHY E. FITZGERALD KENNETH M. SULLIVAN RONALD F. FIZER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY M. SULLIVAN MICHAEL A. FLEETWOOD TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL D. THEODOSS EDWARD R. FLEMING UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM O. THEWES PATRICK D. FRANK To be colonel SIDNEY R. THOMAS GEORGE L. FREDRICK LEO R. THORNE, JR. MARK A. FREITAG RICHARD K. ADDO RICKY L. TILLOTSON BARRY A. GAERTNER JAMES E. ANDERSON DAVID G. TOUZINSKY JOSEPH N. GAINES WENDY M. BECHTEL LEROY L. TUNNAGE NANETTE GALLANT ROBERT W. BENNETT, JR. JEFFREY J. VIEIRA DANIEL R. GARCIA PHARISSE BERRY ALBERT J. VISCONTI MARK GATTO WILLIAM M. BORUFF PHILLIP D. VONHOLTZ MORRIS T. GOINS SHERRIE L. BOSLEY JOHN C. WALLER HERMAN GOODEN, JR. DARRELL L. BRIMBERRY WILLIAM J. WANOVICH MICHAEL J. GOULD JEFFREY W. BRLECIC LAWRENCE J. WARK MICHAEL S. GRAESE TIMOTHY D. BROWN JOHN C. WATERS WILLIAM H. GRAHAM, JR. PATRICK W. BURDEN CHARLES A. WELLS HOWARD L. GRAY JOSEPH R. CALLOWAY THOMAS R. WETHERINGTON WAYNE C. GRIEME, JR. LESTER J. CAMPBELL TIMOTHY J. WHALEN MICHAEL W. GRIFFITH PAUL A. CHAMBERLAIN DAVID O. WHITAKER ERIK O. GUNHUS TIMOTHY D. CHYMA DANNY A. WILEY DIXON M. GUNTHER SANDRA R. CLARK JOEL C. WILLIAMS JOHN D. HALL WILLIAM R. CLARK JULIAN R. WILLIAMS RONALD K. HANN, JR. BESHARA J. CONSTANTINE, JR. CHRISTOPHER S. WILSON SCOTT A. HARRIS THOMAS S. COOK TODD R. WOLF MICHAEL J. HARTIG KENNETH D. COPELAND JOHN S. WOMACK CHARLES C. HEATHERLY MICHAEL D. COPENHAVER BETTY J. YARBROUGH DEAN D. HEITKAMP DENISE H. CORLEY D060746 CHARLES T. HENSLEY ROOSEVELT H. CORPENING D060598 MARK R. HIRSCHINGER BRIAN P. CUMMINGS ANTHONY J. HOFMANN ROGER R. DANSEREAU THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARTIN J. HOLLAND ARCHIE P. DAVIS III TO THE GRADE INDICATED IN THE UNITED STATES ARMY PAUL S. HOSSENLOPP CHRISTOPHER P. DAVIS UNDER TITLE 10, U.S.C., SECTION 624: JAMES E. HUTTON FREDERICK R. DENNISON To be colonel MICHAEL A. IACOBUCCI ANDREW J. DIMARCO DAVID S. IMHOF JOSEPH P. DIMINICK KENNETH P. ADGIE DOUGLAS L. INGROS DARRELL DUCKWORTH ANTONIO A. AGUTO, JR. TERRY J. JAMISON, JR. WILLIAM E. FIELD CARL A. ALEX STEPHEN E. JESELINK DANIEL A. FINLEY SHAWN D. ALLEN FREDERICK H. JESSEN JAMES M. FISCUS CAROL L. ANDERSON DAVID G. JOHNSON THOMAS P. FLANDERS JAN F. APO RONALD M. JOHNSON ROBERT E. FLETCHER MICHAEL APODACA RONALD D. JONES JAMES O. FLY, JR. SAMUEL L. ASHLEY ROBERT E. KAISER FRANCIS D. FLYNN MARC D. AXELBERG JOHN D. KEITH SCOTT A. Z. FORSYTHE JAMES E. BAKER, JR. MATTHEW S. KELLEY STEPHANIE L. FOSTER TRACY P. BANISTER JEFFREY L. KENT WILLIAM S. FULLER JAMES T. BARKER RICHARD C. KIM EDWARD R. GALLOWITZ HILLARY R. BAXTER JOHN W. KING II JOSEPH G. GARCIA KEITH A. BEAN JOHN S. KOLASHESKI VICTORIANO GARCIA, JR. FRANCIS M. BEAUDETTE JOHN M. KOLESSAR AARON L. GEDULDIG THOMAS G. BELL SCOTT P. KUBICA HARDEE GREEN CHRISTOPHER L. BENSON DALE C. KUEHL RONALD L. GREEN WILLIAM F. BIGELOW THOMAS G. KUNK ROBERT E. GRIGSBY JOSEPH F. BIRCHMEIER JOHN G. KUNKLE JOHN S. HAMILTON MARCUS C. BLACK, JR. KEITH D. LADD SAMMIE L. HARGROVE THOMAS S. BLAIR WILLIAM J. LEADY, JR. VICTOR M. HARMON GUSTAVO E. BLUM ADAM J. LEGG ROBERT A. HARNEY, JR. BOB G. BOND CHAD G. LEMAY PATRICK O. HARRIS MICHAEL D. BORG SAMUEL M. LIGO MICHAEL T. HAUSER MARK C. BOUSSY MANFRED L. LITTLE II JAMES D. HESS DAVID W. BUCKINGHAM JAMES J. LOVE TODD A. HEUSSNER JOHN C. BURDETT, JR. RICARDO M. LOVE JUSTIN A. HIRNIAK ROBERT K. BURK GEORGE A. LUMPKINS KEITH A. HIRSCHMAN ROBERT K. BYRD JAMES R. MACKLIN, JR. ROBERT T. HIXON PAUL T. CALVERT KEVIN S. MACWATTERS FRANCIS L. HOLINATY CHRISTOPHER B. CARLILE LAWRENCE H. MADKINS III RICHARD D. HORSLEY MAXEY B. CARPENTER III PATRICK J. MAHANEY, JR. LEO M. IMPAVIDO, JR. JONATHAN L. CARROLL GLEN A. MASSET BRUCE D. JENKINS CURTIS J. CARSON MATTHEW D. MATTER JOHNNY J. JOHNSTON TIMOTHY J. CHMURA TIMOTHY J. MCATEER JERRY C. JONES THOMAS V. CHRISTENSEN FRANK MCCLARY KAREN Z. JORDAN CARMINE CICALESE ROBERT C. MCDOWELL RYAN B. KIVETT JOEL J. CLARK MICHAEL J. MCGUIRE

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DENNIS S. MCKEAN JAMES M. TENNANT THE FOLLOWING NAMED OFFICER FOR REGULAR AP- CHARLES L. MCMURTREY DONNIE L. THOMAS POINTMENT IN THE GRADE INDICATED IN THE UNITED CHAD B. MCREE JOHN W. THOMPSON STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND BRIAN J. MENNES RAFAEL TORRES, JR. 1211: RONALD J. METTERNICH PAUL D. TOUCHETTE DREW R. MEYEROWICH RICHARD M. TOY To be lieutenant JEFFREY L. MILHORN THOMAS J. TROSSEN MICHAEL W. MINOR CARL R. TROUT EVAN B. WILLIAMS CLYDE A. MOORE BRYAN P. TRUESDELL ROBERT D. MORSCHAUSER JOEL K. TYLER THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- FRANK MUGGEO CHARLES H. VANHEUSEN POINTMENT IN THE GRADE INDICATED IN THE UNITED STEPHEN C. MYERS JOHN M. VENHAUS STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND TIMOTHY E. NEWSOME VAN J. VOORHEES 5582: JOHN E. NOVALIS II ROBERT P. WADE RICKY J. NUSSIO MICHAEL R. WALKER To be lieutenant commander JAMES M. OBRIEN DANIEL R. WALRATH MARK W. ODOM MICHAEL T. WALSH GERALD C. LOWE CRAIG A. OSBORNE MARK L. WALTERS VICTOR D. OLIVER WILLIAM B. OSTLUND ALLAN L. WEBSTER WADE A. OWENS LEONARD E. WELLS THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- BRIAN R. PAGE ERIC M. WELSH MENT TO THE GRADE INDICATED IN THE REGULAR NAVY CHRISTOPHER R. PARSONS RICHARD E. WHITE UNDER TITLE 10, U.S.C., SECTION 531: MARK C. PATTERSON BARRY K. WILLIAMS COURTNEY W. PAUL PATRICK W. WILLIAMS To be lieutenant commander BARRETT K. PEAVIE RONALD J. WILLIAMS MICHAEL D. PEMRICK JOEL A. WOODWARD EDWARD J. ARRISON CLINTON R. PENDERGAST FRANK ZACHAR GLORIA J. KING COBY M. PETERSEN GUY M. ZERO CLEVIS T. PARKER, SR. JAY L. PETERSON MARIA T. ZUMWALT THE FOLLOWING NAMED OFFICERS FOR TEMPORARY KENNETH M. PETERSON D070302 APPOINTMENT TO THE GRADE INDICATED IN THE JAMES W. PHILLIPS D070229 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION SCOTT W. POWER D060526 5721: MICHAEL J. PRICE D060267 TIMOTHY W. QUILLIN D070487 To be lieutenant commander FRANK Y. RANGEL, JR. IN THE MARINE CORPS MICHAEL W. RAUHUT GREGORY R. ADAMS CHRISTOPHER D. REED THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- JON G. BOGER VERNIE L. REICHLING, JR. POINTMENT IN THE GRADE INDICATED IN THE UNITED DEREK J. CEDARS ALFRED E. RENZI, JR. STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION BENNETT M. CHRISTMAN WILLIAM S. RIGGS 531: COLIN CORRIDAN JOHN M. RILEY To be major ALLEN P. DECKERS STEVEN J. ROEMHILDT GARY E. DUBIA THOMAS J. ROTH CHRISTOPHER M. BRANNEN RANDY M. ELDER PAUL D. ROUNSAVILLE MONTGOMERY C. ERFOURTH ANDREW J. ELLIS KENNETH M. ROYALTY LEO S. GREGORY JEFFREY C. FASSBENDER KENNETH T. ROYAR JOSEPH G. MARINE II DAVID W. FASSEL JAMES E. SAENZ HARRY S. PORTER CHRISTOPHER W. SALLESE JEFFREY L. SEAVY MICHAEL T. FAUST SCOTT E. SANBORN MARK C. SMYDRA BRYAN S. GALLO DINO J. SARRACINO ERICH H. WAGNER VICTOR J. GARZA WAYNE H. GAYLE JEFFREY T. SAUER IN THE NAVY MARK C. SCHWARTZ SCOTT E. HARRIS MARY K. HAYS STEVEN A. SCIONEAUX THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CASEY P. SCOTT TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN R. HODGES DAVID M. SEARS UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM M. JAMESON CLAYTON O. SHEFFIELD DOUGLAS E. JONART MICHAEL L. SHENK To be commander AMY E. LINDAHL NATHAN D. LUTHER ROGER L. SHUCK MARK C. HOLLEY DEAN P. SHULTIS MATTHEW J. MACKAY REGINALD L. SIKES, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID T. MAGEE RANDY L. SMITH TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES P. MAY TROY A. SMITH UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW A. MCNEALY DAVID B. SNODGRASS To be commander MARK D. MISENER BRUCE V. SONES JAMES A. MURDOCK WILLIAM M. STACEY MICHAEL C. COLLINS ENRIQUE ORTIGUERRA DANIEL E. STOLTZ MICHAEL J. POPLAWSKI MARK A. STRONG THE FOLLOWING NAMED OFFICER FOR REGULAR AP- DANIEL K. RACE MARK S. SULLIVAN POINTMENT IN THE GRADE INDICATED IN THE UNITED JEFFREY J. STGEORGE KENNETH D. SWANSON STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: TRICIA L. TEAS ERIC D. SWEENEY To be lieutenant commander JAMES J. VONSTPAUL MICHAEL J. TARSA STEPHEN A. WIEGEL FRANK W. TATE CHANNING J. THOMAS DONOVAN B. WORTHAM

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SENATE COMMITTEE MEETINGS section of the CONGRESSIONAL RECORD 10 a.m. on Monday and Wednesday of each Budget Title IV of Senate Resolution 4, To hold hearings to examine the eco- week. agreed to by the Senate on February 4, nomic outlook and options for stim- 1977, calls for establishment of a sys- Meetings scheduled for Tuesday, No- ulus. tem for a computerized schedule of all vember 18, 2008 may be found in the SD–608 Finance meetings and hearings of Senate com- Daily Digest of today’s RECORD. mittees, subcommittees, joint commit- To hold hearings to examine health care reform, focusing on the economic per- tees, and committees of conference. MEETINGS SCHEDULED This title requires all such committees spective. NOVEMBER 19 SD–215 to notify the Office of the Senate Daily 9:30 a.m. Judiciary Digest—designated by the Rules Com- Banking, Housing, and Urban Affairs To hold hearings to examine helping mittee—of the time, place, and purpose To hold hearings to examine the nomina- families stay in their homes, focusing of the meetings, when scheduled, and tion of Neil M. Barofsky, of New York, on the role of bankruptcy laws. any cancellations or changes in the to be Special Inspector General for the SH–216 meetings as they occur. Troubled Asset Relief Program of the 2 p.m. As an additional procedure along Treasury. Commission on Security and Cooperation in Europe SD–538 with the computerization of this infor- To hold hearings to examine mation, the Office of the Senate Daily Turkmenistan, focusing on prospects Digest will prepare this information for for change. printing in the Extensions of Remarks B–318, Rayburn Building

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

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