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

Vol. 154 WASHINGTON, THURSDAY, NOVEMBER 20, 2008 No. 177 Senate The Senate met at 9:30 a.m. and was appoint the Honorable MARK L. PRYOR, a if, in fact, we have any to be made. So called to order by the Honorable MARK Senator from the State of Arkansas, to per- it may be necessary that we come back L. PRYOR, a Senator from the State of form the duties of the Chair. after Thanksgiving. I have not had an Arkansas. ROBERT C. BYRD, opportunity to converse with my Re- President pro tempore. publican counterpart, but I will do PRAYER Mr. PRYOR thereupon assumed the that. I have a meeting scheduled later chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- today with the Speaker. fered the following prayer: f Everyone stay tuned, and we will do Let us pray. RECOGNITION OF THE MAJORITY the very best we can to let Senators Lord of creation, You establish day LEADER know where we are at any given time. and night and the orderly movements f of the seasons. That same Providence The ACTING PRESIDENT pro tem- RESERVATION OF LEADER TIME orders the lives of our Senators, our pore. The majority leader is recog- Nation, and our world. As our law- nized. The ACTING PRESIDENT pro tem- makers seek to do what is right, give f pore. Under the previous order, the leadership time is reserved. them the wisdom to discern what is SCHEDULE best. Show them the pitfalls to avoid f Mr. REID. Mr. President, following and the opportunities to seize. Keep MORNING BUSINESS them from becoming weary in their leader remarks the Senate will proceed pursuit of Your purposes as they re- to a period of morning business. Sen- The ACTING PRESIDENT pro tem- member Your promise to bring a boun- ators will be allowed to speak for up to pore. Under the previous order, the tiful harvest. May they cling to the en- 10 minutes each. Senate will proceed to a period of during principles of Your truth that Following morning business, the Sen- morning business for up to 1 hour, with will lead them to their desired destina- ate will resume the motion to proceed Senators permitted to speak therein tion. to H.R. 6867, which is the emergency for up to 10 minutes each. We pray in Your wonderful Name. unemployment compensation legisla- The Senator from Oklahoma is recog- Amen. tion. Yesterday, cloture was filed on nized. that motion to proceed to the measure. Mr. INHOFE. Mr. President, I ask f Senators will be notified when a vote is unanimous consent to be recognized in PLEDGE OF ALLEGIANCE scheduled. Senators should be prepared morning business for whatever time I for a rollcall vote today—or maybe shall consume. The Honorable MARK L. PRYOR led votes. the Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- We are in a situation where we do not pore. Without objection, it is so or- I pledge allegiance to the Flag of the know, procedurally, what we are going dered. United States of America, and to the Repub- lic for which it stands, one nation under God, to be able to accomplish today. This f indivisible, with liberty and justice for all. doesn’t ripen until tomorrow. So we could pass unemployment compensa- BAILOUT DEMANDS f tion legislation today, to give relief to Mr. INHOFE. Mr. President, Ameri- APPOINTMENT OF ACTING people who are desperately in need of cans are once again being asked to foot PRESIDENT PRO TEMPORE these checks. But we may not be able the bill for yet another very urgent to do that until tomorrow. We hope The PRESIDING OFFICER. The bailout, as it is termed. In October, that at least on this measure we would clerk will please read a communication Congress voted for an unprecedented be able to get consent to pass this. to the Senate from the President pro $750 billion bailout of Wall Street. Now After that, we have some procedural much of the same alarmist rhetoric is tempore (Mr. BYRD). roadblocks. I have spoken to a number The legislative clerk read the fol- being employed to pressure Members to of Senators today. Of course, the desire lowing letter: act quickly. is we complete all of our actions until The latest bailout demand making U.S. SENATE, we come back on January 6, but that the rounds of Washington is for the Big PRESIDENT PRO TEMPORE, Washington, DC, November 20, 2008. may not be possible. We have the Three in the auto industry. The Demo- To the Senate: Thanksgiving recess. I have had calls crats would have you believe the pro- Under the provisions of rule I, paragraph 3, from staff and Senators. They are hav- posed bailout is all about saving jobs. of the Standing Rules of the Senate, I hereby ing trouble making new arrangements, But having been in Washington long

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

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In fact, there are The Wall Street Journal asks, and I If you include them all, they would be able the usual suspects working behind the am quoting again now: to meet these standards. scene to subvert the auto bailout and If the problem is so urgent, why keep the This alone might save Chrysler from bank- ultimately betray autoworkers. green chains on that first $25 billion? Gen- ruptcy. But Congress won’t budge on that These are the facts. The proposed $25 eral Motors in particular is saying that it simple change. billion bailout of Detroit now appears may have to declare bankruptcy by the end This latest bout of environmental to have been hijacked by the powerful of the year without a taxpayer capital injec- thuggery is not an isolated incident. tion. Aren’t jobs at stake? environmental lobby. When I say ‘‘pow- The legislative goals of Democrats and erful,’’ it is by far the most powerful Again, this is the choice being given. their environmental allies reveal that lobby and best financed lobby—those But the jobs do not appear to be the saving jobs is not their highest pri- out in Hollywood I have referred to overriding concern when it comes to ority. President-elect Obama has many times, moveon.org, George the proposed bailout. A November 13 pledged to grant California a global- Soros, the Michael Moores—they talk commentary in the Chicago Sun-Times warming-motivated waiver to allow the millions and millions of dollars. They bluntly declared that Congress should State to demand its own standards of are indeed the powerful lobby. ‘‘attach environmental strings to the emission reductions from new auto- Big Three bailout.’’ I suggest there is an idea that came mobiles. This would essentially allow a to fruition from the November 19 Wall The auto industry occupies a critical posi- State-by-State approach, thus creating tion, not just in the U.S. economy, but also Street Journal. They ask, in this Wall a patchwork of regulatory compliance Street Journal editorial: in the struggle to cope with climate change and the energy crisis. The government has regimes in addition to the Federal When is $25 billion in taxpayer cash insuffi- immense leverage right now to force the Big standard that would be even more cost- cient to bail out Detroit’s auto makers? Three to make progress on multiple fronts ly for automobile manufacturers. The answer: and should and should not be afraid to use it. We have gone through this before. We When the money is a tool of the Congres- This is what Andrew Leonard wrote have had this same suggestion being sional industrial policy to turn GM, Ford in the Sun-Times. made. If there is any single thing that and Chrysler into agents of the Sierra Club would increase the price of cars and and other green lobbies. Barack Obama has spoken many times of his ambitious plans to steer the U.S. toward drive them out of the market, it would According to the Wall Street Jour- a future where Americans are driving fuel-ef- be to let each State determine what its nal, the auto bailout has degenerated ficient cars that run on renewable energy. If own standards are going to be. It can- into a tool to ‘‘make Detroit a sub- the government is going to bail out the auto not work. sidiary of the Sierra Club.’’ industry, it should do so only with the ex- The Wall Street Journal summed up We hear proponents of the auto bail- plicit requirement that the Big Three accel- this attempted hostile green takeover out endlessly saying this is all about erate down that road as fast as they can. and the efforts to create an ‘‘Environ- jobs. But the truth is, this bailout ap- Again, I am quoting from the Sun- mental Motor Company’’ this way: pears to be about environmental lob- Times. One of the key ‘‘green strings’’ bies taking over the U.S. auto indus- that the environmental lobby wants to All of this shows that Democrats don’t merely want to save jobs. They want an en- try. impose on Detroit is making the Cor- tirely different American auto industry that The Wall Street Journal explains fur- porate Average Fuel Economy—that is serves goals other than selling cars to con- ther, and I am quoting again: the CAFE standards—more draconian sumers. The green lobbies have disliked De- In their public statements, proponents de- than they are today. troit for decades—for resisting fleet mileage scribe the bailout as an attempt to save jobs, My colleague, Democratic Senator standards and having the audacity to make American manufacturing and the middle- BILL NELSON, wants conditions on the SUVs, trucks and other vehicles that people class way of life. But look closely and you auto bailout that would mandate auto have wanted to buy but that violate the can see that what’s really going on is an at- modern environmental pieties. For the tempt to use taxpayer money to remake De- companies increase their average fuel economy to 40 miles per gallon in 10 greens, the bailout is their main chance to troit in the image of the modern environ- remake Detroit according to their dictates. years and then 50 miles per gallon a mental movement. Given a choice between That is the height of us in Govern- greens and blue-collar workers, Congress mere 2 years later, in 2020. He also re- puts greens first. portedly wants requirements for an ment saying our wisdom is so much That was an interesting quote in the ‘‘increased production of hybrids, flex- greater than the private sector that we article, that really has delved into this fuel and electric vehicles,’’ according are going to impose that on this indus- thing and talks about what the real to Congress Daily. try. Now the problems are there. motivation is behind it. My colleague, Democratic Senator They continued: How did this attempt at a green DIANNE FEINSTEIN, has also tied auto The more realistic alternative to this uto- takeover of Detroit come about? Con- bailout money to increased CAFE pian green vision is to let GM or Chrysler gress approved $25 billion for Detroit file for Chapter 11 like any other company standards: that can’t pay its bills. earlier this year for ‘‘green retooling.’’ Congress should require that the auto- The immediate cost would be severe. At President Bush—when this came up, makers shift to a new business model that least bankruptcy would provide the political the need came up to have the $25 bil- focuses on hybrid, electric, and other next and legal means for them to evolve into lion—proposed to revise that $25 bil- generation vehicle technologies. smaller, more competitive companies. Tax- lion, the same amount of money, and She wrote that on November 14. She payers should not be asked to finance a allow it to be used for Detroit’s general even expands the mandates to include green industrial policy promoted by lobby- purposes by eliminating the green con- costly global warming concerns by ‘‘re- ists and Congressmen who know nothing ditions. In other words, the amount of quiring the NHTSA to use the Energy about what it takes to make a car, much less what it takes to make a profit. money there that everyone is so anx- Information Administration’s most ac- ious to get in there, that they say is curate gasoline price projection and You have to look at this. I wonder going to resolve the problem, is there consider global benefits from reducing sometimes, if we had not been so quick and it is available today, but it has greenhouse gas emissions when setting and so generous to come up with $700 been rejected. That shows the choice CAFE standards.’’ billion in this bailout, that perhaps between green and blue collar is very Again that is a quote. they would not be lining up. Who is clear. The Wall Street Journal countered going to be standing in line after the The Wall Street Journal reported: with a commonsense alternative to in- auto industry? I don’t think anybody Democratic leaders refused. They are in- creasing CAFE standards. knows—I don’t—but someone is. They sisting instead that the Bush administration If Congress wants to ease the immediate are waiting to see what kind of results give Detroit another $25 billion in cash. burden on Detroit, it could also ease the on- there are. Is it Government’s role to

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.013 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10683 run businesses from Washington and to retary, whether Secretary Paulson or bring it up? I object. No. We could be finance those businesses? Is it nec- another person, that money is going to filibustered, et cetera. While we are essary? automatically come to them if no one fiddling and diddling to a parliamen- I have gotten a lot of criticism be- objects while we are in session for 15 tary tune here, our economy is burn- cause I have been quite outspoken in days. Well, we are going to go out of ing. And the question is, Do we burn opposition to the $700 billion bailout. session probably tomorrow and very the economic house down around us by But I would like to do one thing; that likely will not be coming back until inaction? is, if there is one thing people have not January 6. That means that if any need Now, you might not like this rescue stopped to think about, that is the is there, all he has to do is say so and plan or that rescue plan or what about amount of $700 billion. What is $700 bil- the money will come forward. the automobile. I am a champion of lion? It is very difficult for me and for So what we have done is change—ac- jobs in the automobile industry. I do anyone else, I think, to think in terms tually, we only changed one word. The not champion an industry, I champion of those billions of dollars. But I did word we changed was ‘‘unless’’ and the jobs in the industry. I do not be- some research. I found that there are ‘‘until.’’ I do not have it right here, but lieve this Congress understands what 139 million families, households in it says the money can be accessed un- the automobile industry is. Yes, it is America, who file tax returns. If you do less Congress stops them from doing it. manufacturers, union and nonunion. your simple math, 139 million families However, by changing that to ‘‘until,’’ Whether it is the big three in Detroit and $700 billion in a bailout, that is that means it cannot be accessed until and the UAW or whether it is foreign $5,000 a family. If people think in terms we take a positive action in the Sen- logo cars being made in the Southern of that, maybe they will get a little bit ate. That is what I think is perhaps not States of our country, the Toyotas in Texas and Kentucky, the Nissans in concerned. nearly enough protection, but it is Tennessee and so on, we are talking We have already spent, of that—Sec- some protection. I would encourage about jobs. We are talking about people retary Paulson—$125 billion on nine colleagues to rally around this because who make the cars, and then we are large banks. This is not what they said there is no other means out there right talking about dealers who sell them, or what he said 2 weeks prior to the Oc- now, no other vehicle that anyone has service them, maintain them, and the tober 1 vote. What he said at that time put forward that is going to resolve support services. In many rural parts was: We have to have $700 billion to this problem. It is going to keep the of my State, the automobile dealers buy damaged assets, and it is going to other $350 billion, and that is about are the biggest employers outside of take $700 billion. If this continues to $2,500 for every family in America who the local school system and the local happen, we are going to have another pays taxes and files a tax return. There hospital. So I want to talk about jobs, Great Depression. is no other way of doing it except for and that is what I have been talking And we got all excited and concerned. this bill. about. Granted, I know Secretary Paulson is a So I would encourage our Members to But while we are talking about the very knowledgeable person. But for join in this effort. And it is going to rescue plan, what is shocking to me is him to make that case, get the money, have to be done today. If it is not done the rigidity of the administration to and then spend it on something else is today, it is not going to be done. I hope help wrap up their time in the White something that is very difficult to un- the people outside realize there are a House and their time to get our econ- derstand. few of us here who realize we want to omy going, the fact that they are un- I would suggest that when we drafted stop this train, particularly if Sec- willing to look at the rescue package that law, which I opposed at the time, retary Paulson is correct, as he be- as a tool for saving jobs rather than that was in two increments—actually, lieves he is, when he says the financial saving banks. three. The first $250 billion was going markets have been stabilized. So we Now, this is where I believe we have to be handed to him to go ahead and have S. 3697. I would encourage my col- gotten ourselves off on the wrong spend as he wanted to, and then, if he leagues to come down and sign this so track. When I voted for the rescue needed $100 billion more, the President we can actually bring it up and vote on plan, I thought I was voting for dealing could see to it that they got it. That it and have it become a reality. with the credit crisis and bringing the has already happened. They have $350 I yield the floor. financial system to some form of sta- billon, of which $60 billion is left and The ACTING PRESIDENT pro tem- bility. It was a little too trickle-down has not been spent as of this moment pore. The Senator from Maryland is for me, but I thought, we are in a cri- in time, to my knowledge. I got my in- recognized. sis, square your shoulders and get out formation personally from them last f there and do it. Well, what has hap- Tuesday. pened is, instead of dealing with help- SAVING JOBS So where we are today is we are sit- ing with jobs, we have been helping ting on $60 billion. He has described Ms. MIKULSKI. I wish to speak in with banks. The bailout has been sim- this as a cushion. When I say ‘‘he,’’ I morning business on the topic of the ply a handout to Wall Street banks. am talking about Secretary Paulson. economic situation which the country And you know what, they have made So we need to now think about the faces and where we are. out like bandits. Them that got want other $350 billion because it appears, as I want to acknowledge that the Sen- even more and do not promise to do he said, the financial markets have ator from Oklahoma has some inter- anything in return. been stabilized. If this is true, then esting ideas, and I would like to know Let’s review how we got there. We maybe we do not need to get into that more about it because I am pretty frus- were facing Armageddon. We were con- other $350 billion. Keep in mind, we trated about what has happened with cerned about the collapse of our finan- have $60 billion there on the table the taxpayer rescue money we have cial system that America essentially ready to be used anyway. gotten. helped create in terms of a financial So what I have done is drafted legis- First, let me say, though, I am pretty system. We were talking about a frozen lation that is called S. 3697. We have frustrated with the Senate right now. I credit system that would affect big some Democrats and some Republicans am frustrated that we are lame in this business and small business in our cosponsoring this. It is not a freeze. I lameduck session. I was telling my community. We were also concerned wish it were. I wish I could craft a constituents as I moved around Mary- about the homeowner who was losing piece of legislation that said: Let’s land, as is my habit and joy, that I their home. Well, what did we do? We take the $350 billion and give it all have used this as a November work ses- said: OK, we are going to make a public back to the taxpayers; it belongs to sion—you know, get back to work. The investment of $700 billion of taxpayers’ them. But we know that would not fly. election is over. We know who won. money in the economy, through our So instead of that, we went ahead and Now it is time to govern and govern Secretary of the Treasury. Now, who did it to make a modest change in the with responsibility, to come back and was this investor? Well, the taxpayers system. go to work. So we come back, and here became investors. As the law is drafted right now, if the we are again whirling around with a lot You know, we use that term, ‘‘tax- request is made by the Treasury Sec- of parliamentary quagmires. Can we payers.’’ What does it mean? Well, I

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.015 S20NOPT1 jbell on PROD1PC69 with SENATE S10684 CONGRESSIONAL RECORD — SENATE November 20, 2008 will tell you what it means to ‘‘Senator nally said he would use it to open cred- Not as a Senator, but as a taxpayer, Barb’’ from Maryland. It means that it and to also deal with the toxic mort- Why would we want to hold on to single mother, that single mother who gages. Now he is using it for money to them? They got us into this mess. So it is trying to hold her family together, buy ownership in banks and not asking is OK by me if they go. There are plen- maybe in a job that pays $10 or $12 an anything in return. Paulson threw ty of talented people ready to go to hour, trying to keep her kids together, money at the banks with no strings at- work for our country. collect her child support, make sure tached. We have now spent close to $350 This is what ‘‘Senator Barb’’ wants she has an 8-year-old car still running billion, and where are we? We are no- to say to Wall Street: We do not want and make sure those kids are in school where. The stock market is down and to be passive investors. We want to be to do something. She does not have a unemployment is up. Things have actu- active investors, not in a socialist form lot of money, and we take a chunk of ally gotten worse. People continue to of government, picking winners and it. What about the farmer and what lose their homes. Now they are losing losers, but, by God, have a sense of re- about the waterman who right now is their life savings. And with our inac- form. Cull out what is the best way to out in this cold weather trying to bring tion on unemployment, they will lose have sensible regulation. Come up with oysters to our Thanksgiving table? We their jobs. the great ideas to get our economy are going to have a table of bounty; So let’s talk about them that got. Do going and use the power and muscle of they have a table of trouble. But no, we you remember their greed? Do you re- America’s financial system. There is are going to take their money and give member their incompetence on Wall talent there to do that. If you need a it to Paulson to give it to AIG. Street that got us into this economic lavish bonus to do this, then leave. Mr. INHOFE. Would the Senator Superfund site? Leave or get out of the way. There is a yield for one question? What did Wall Street say over the new sheriff coming to town, and I am Ms. MIKULSKI. Let me finish de- last several years to regulators and part of that posse. There are not only scribing the taxpayer, and I will come policymakers? Stay away. Get out of young people but a lot of people who back to you. the way. It is our way or the highway. want to rebuild our country. What about the waitress—you know, Having gotten buckets of bucks from So I say to those on Wall Street who somebody who carries, in that diner, the taxpayer, what does Wall Street feel they can’t work for less than $14 big plates of food? And what does she say? Stay out of the way. Get out of million a year, you now work for the end up with at the end of the day? A the way. It is our way. And by the way, United States of America. Once we few tips, a bad back, varicose veins, give us more, and let us keep our high started making that public investment and a government that is not on her pay. in you, you now work for the United side. That is where Paulson got the Well, it is not only what we hear States. Work for the United States. money from. OK. So that is where that from them, it is what we don’t hear Give us your best thinking. Give us $700 billion came from. Then I will talk from them. You know what is so shock- your energy. Give us your ideas. What about what he did with it. ing to me. After this money goes to the I want to say to them is: It is time to I turn to my colleague. big banks, there is no sense of grati- restore our economy, restore our na- Mr. INHOFE. I thank the Senator for tude. There is no sense of gratitude tional honor. yielding. I appreciate the very favor- that that waitress, that single mother, I say to those who are working in the able comments she has made about my that farmer, that firefighter is willing economic system, pull up your pants legislation. What is interesting about to do this—no sense of gratitude. There and your pantsuits and start to go to this is it is supported by a whole host— is also no sense of remorse on how they work. Let’s rebuild the economy. Senator SANDERS is supporting it, as got us into this terrible situation. I yield the floor. well as on the far right we have Sen- I know the Presiding Officer is a man The ACTING PRESIDENT pro tem- ator COBURN and Senator DEMINT. So of faith, as are our colleague from pore. The Senator from Tennessee. we are not the only ones who feel this Oklahoma and myself. In my faith, f way. when you have sinned, the way you get But the point I would like to make it right is you show remorse, you AUTOMAKER BAILOUT and ask you if you agree is, $700 bil- promise not to sin any more. You say: Mr. CORKER. Mr. President, it is a lion—you heard me describe how to put Let’s make amends. How can I get it pleasure to be back here this week. I that in and understand how much that right? hope the Presiding Officer and his fam- means to the American people. It is Have we heard that out of them? I ily have a wonderful holiday season $5,000 for each family who files a tax have read every paper, heard every con- when we leave tomorrow. I rise today return. We have an opportunity to save versation. There is not one bit of re- to talk about the proposed automaker half of that right now. I would encour- morse. They swagger around and say: bailout. I have tremendous empathy age the Senator from Maryland to join There are three Americas—North for all of the people involved. I spent in this effort because I think it can get America, South America, and cor- most of my life in business. I am sure done and it could get done during this porate America. They treat themselves these CEOs and others leading these time. like a free trade zone. Hello. Do they companies are going through tumul- Ms. MIKULSKI. Well, I will consider promise to sin no more? Do we see a tuous times. I empathize with them. looking at his legislation, I assure him sense in the passion for reform coming In my beginning period, I was a card- on the floor. I think we are in agree- out of them, saying: Boy, did we screw carrying union member. I know there ment with some of the principles you up; we now want to get it right? No. Do are a lot of workers who are very con- articulated earlier. they say: Let’s make amends? And the cerned about their future. I have tre- But let me go on with my speech and way they want to say let’s make mendous empathy for them and their see if we can’t find that sensible cen- amends would be to work with our eco- families. This is actually a very serious ter, that common ground we both nomic people to get jobs, credit, and time in our history. Regardless of would like to perceive because when I our economy rolling. No. So what, in- where you are, people are concerned say, What were the Congress and the stead, do those who have gotten bail- about the future. I was in other parts American people promised for this as- out money do? They give themselves of the world last week. All around the tronomical sum of money we gave, we lavish salaries, bonuses, big perks such world, people are concerned about the were promised by the Secretary of the as spa retreats and golf tournaments in future. Treasury, on behalf of the President of the most luxurious places in the world. I do want to speak to the speech of the United States, that the investment And we are told that in order for them the Senator from Maryland regarding of the taxpayer would go to stabilizing to keep talent, they have to pay big bo- the financial component. Many of the the financial system, get credit flowing nuses or people will walk away. They car dealers who have called into our of- again in our communities, and get the say that in order to keep the big talent fice actually are far less concerned economy rolling. What did we get? We at the big banks, they have to give big about the Big Three. What they are got bait and switched from Paulson. bonuses. I want to say, if they want to more concerned about is having financ- Paulson changed his plan. He origi- go, it is OK by me. I am an investor. ing for consumers who are coming into

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.016 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10685 their dealerships. Like her, I want to companies that have addressed their though I am opposed to this, even if see people throughout our country be issues in three very different ways. I the money ends up being granted in able to operate their businesses. I am find it incredibly irresponsible to even some form or fashion, we will cause certainly not here to defend any of the consider looking at them as a group. them to make the decisions that need Secretaries or anybody else. I will say I wonder, in a market with 10 million to be made for them to actually be suc- that I did have a conversation yester- cars being sold, why we need three do- cessful in the future. day with Secretary Paulson and with mestic automakers. I wonder whether I thank the Chair and yield the floor. Federal Reserve Chairman Bernanke. we would be better off if possibly we The ACTING PRESIDENT pro tem- They are putting in place a facility to had two or we had one that was strong. pore. The Senator from Rhode Island. deal with consumer finance that hope- Again, that is something that the mar- f fully will be in place by year end to ket can decide. EXTENDING UNEMPLOYMENT One of the greatest disservices we help deal with some of the financing INSURANCE components that are stressing the could actually do to these automakers automakers. and to the many people who depend Mr. REED. Mr. President, I rise in I wish to specifically address the re- upon them for employment, whether support of extending unemployment in- quest by the automakers. I was privi- they be direct employees or tier 1 or 2 surance to help the 10 million jobless leged to be part of a hearing the other suppliers, is to grant them this money. Americans, the most in a quarter cen- day in banking where the three CEOs That would be a major mistake. These tury, who are searching for work. and the leader of the United Auto companies have all kinds of legacy In the wake of the subprime mort- Workers testified. I was struck by the issues they have not been able to deal gage crisis, turmoil on Wall Street, and decline in consumer spending, workers lack of coherence, the fact that we had with. Let me point out one. General throughout this country are being three leaders in corporate America Motors has 7,000 dealers. They probably given pink slips by the thousands. In whom I actually have a degree of re- need about 1,500 dealers. What the deal- fact, we are seeing record numbers spect for. I was in some ways embar- ers did years ago is, they went around today, further amplifying the depth rassed for some of them. They evi- and got States to pass laws that said and the seriousness of this employment dently had no plan. They felt in the that GM could not do away with their crisis in the United States. The situa- Senate and in the House today the dealerships. We have had the strong tion continues to worsen. This does not time was good for receiving moneys dealers actually calling our office and appear to be a passing trend, but, un- from taxpayers. It was sort of a ‘‘get telling us they actually have hurt fortunately, unless we do something here while the getting is good,’’ if you themselves by putting these State laws quickly and appropriately, we can an- will. It was embarrassing to hear their in place, because there are so many ticipate continuing job losses. We have testimony and the lack of thought that dealers that each of them is having already seen across the country indi- had been put into place as it related to trouble making a profit. It would be a viduals whom we know—family mem- the request. They had come up with a tremendous disservice for us to grant bers, cousins, friends—who, one, are ei- number of $25 billion. They were actu- money to these companies without ther losing their job, or, two, are being ally hesitant to tell us how, as a pact, causing them to reorganize. very concerned that their employment the three of them had decided to divide There is something we have in this status is tenuous and at any moment this money. After a lot of probing, we country called bankruptcy protection. they could be given the word that they were able to get them to say that they There is something that allows compa- have lost their job. Over the course of have decided to divide the money based nies to go in and reorganize, to put 1 month, national job loss numbers on their proportional share of the auto their strengths in order, do away with jumped from 6.1 percent to 6.5 per- market. their weaknesses and actually carry cent—an extraordinary jump in 1 I pressed them to find out if we did, on. I do hope as we debate this—I real- month. Updated State numbers, which in fact, agree to loan them this $25 bil- ize nothing is going to happen this will be released on Friday, will unfor- lion, would that be it? It was evident week; this was kind of a tunately likely continue to reflect this that, no, this was a downpayment and preapplication; that we will probably deterioration in our job markets. that they had done nothing whatsoever be dealing with this in January—but I Despite this bad news, a resolution of to think about what might happen do hope we will look at this in a ma- this employment crisis does not seem after the taxpayers invested in them. ture way and realize that these compa- to be approaching. As I suggested, One of the questions I wish to ask is: nies have not done the things they there are indications this will get Why would we address these three should have done, maybe that they worse before it gets better—another automakers as some homogeneous could have done, and that possibly we reason to act now to try to provide sup- group? They are three different compa- can be of service to them by making port and assistance to those people who nies. They are in three different cir- them do the things they need to do. have worked and now find themselves cumstances. It is interesting to me Another example: Chrysler Company without a job, through no fault of their that the head of the United Auto Work- has a situation where when they idle a own. ers knows that they are in three dif- plant, they actually, in some cases, are In my home State of Rhode Island, ferent circumstances. What he said was obligated to pay the workers of those these national trends are amplified that Ford was actually in good shape. plants for up to 4 years beyond the dramatically. Nearly 9 percent of They had made some tough decisions time the plant is idle. I don’t know of Rhode Islanders are now unemployed. and done some things back in the year any business in the world that can sur- That is 50,200 people. We are a small 2006 that have put them in place to ac- vive in a healthy fashion with those State with a relatively small popu- tually survive. They have about $23 bil- types of obligations. lation. Mr. President, 50,200 people are lion of cash right now. He said he had I have tremendous empathy for the without work. They are searching for been in to look at the books and Chrys- people involved. One of these compa- work. They are searching for answers. ler was actually in second place. I nies has a plant in our State. But I say They are searching for help. We have to would have thought that Chrysler ac- to my colleagues, the worst thing we provide the help, and then the long- tually would have been the weakest of could possibly do in this situation is to term answers. the three. Their books are not public acquiesce to this request that lacked Job losses in Rhode Island are occur- because they are a private company. coherence, lacked thoughtfulness, ring in all sectors. This is not just one He laid out the fact that actually lacked a plan as to how these compa- area of economic endeavor that is Chrysler was in a stronger position but nies would be successful in the future, under stress. Every area is under that GM was a company that was in and let them go about their business in stress. Workers in manufacturing more disarray. So as we look at this, I the way that they have been going plants have been particularly hurt, and find it so irresponsible that we would about it. They will be back, if this that is another consequence or another actually even talk about a rescue pack- money is granted. I hope we will stand aspect of this discussion of the support age, looking at these companies as a firm, that we will be responsible with for the auto industry. We have thou- group. They are three very different taxpayer moneys, and that even sands of jobs in Rhode Island that in

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.017 S20NOPT1 jbell on PROD1PC69 with SENATE S10686 CONGRESSIONAL RECORD — SENATE November 20, 2008 some way depend upon the auto indus- fault of their own, through the action and asking for a handout, for food, to try. So their fate is linked to what we of the huge economic forces world- feed their children. do effectively, constructively to assist wide—find themselves without jobs. We We can do better, and we must do these companies to maintain their have to get this country moving again. better. presence, but also to change their prac- We have to stimulate the economy. We also have to make investments to tices so they are not only here for a Unemployment insurance helps do improve job creation and provide long- few more months, but they can evolve that. These benefits are spent right term benefits. I think this means in- into a sustainable manufacturing in- away in the local communities. These vesting in our infrastructure, putting dustry that will lead the world, as it benefits are going to people who are people to work, putting people to work once did, in the manufacture of high- not going to, unfortunately, be able to to rebuild this country, not in a tran- quality, economically, and environ- put it away for a rainy day. Today is sient, temporary fashion but in mentally sound vehicles. their rainy day. They are going to have projects that will last beyond this eco- We are seeing layoff notices in the fi- to go to the supermarket. They are nomic crisis. nancial and services industries despite going to have to go to the pharmacy. When I was a child in Rhode Island, all the efforts we have made to support They are going to have to go put some walking around on the sidewalks, look- these industries through the legisla- gas in their automobiles to get around, ing down, I would ask my mom and tion we passed last September. These to get their families around. This dad: What is this plaque: ‘‘WPA’’? Well, losses are from small mom-and-pop money is spent almost immediately on it is the Work Projects Administration. manufacturing shops in Rhode Island food, medicine, and gasoline. Econo- That was from 1935, 1934. Well, in 1955, and go up into national financial com- mists of virtually every stripe believe in 1958, in 1968, and, indeed, in 1998, and panies that are shedding workers. this is one of the most effective ways now in 2008, walk around, look at those This is a problem that must be ad- to stimulate the economy, to increase facilities, those public infrastructures dressed. We have done it in the past. In consumer demand. that are still serving the communities. 1991 and 2002, Congress worked with the This is something we have to do. It They were investments to help people White House to successfully extend generates approximately $1.64 in gross work, but investments that have temporary benefits when unemploy- domestic product per $1 spent. So for spurred this economy for more than 60 ment rates were significantly high. In every dollar of unemployment com- years. June, I was pleased that Congress came pensation benefits, we are generating We have to do a lot, and we can do a together and passed a 13-week emer- additional support. lot. There are so many needs here: gency extension of unemployment in- In September, I introduced bipartisan aging infrastructure, roads, bridges, surance for all States. This was an im- legislation to provide an additional 7 public transportation systems, transit portant step to help desperate families weeks of unemployment insurance to systems so people can get to work and make ends meet. But jobs are becoming people who have exhausted their bene- get to school, drinking water systems scarcer. The action we took in June fits, and 13 more weeks of benefits to and wastewater systems. has actually been overtaken by events unemployed workers in States such as In Rhode Island, proposed funding for in the world marketplace. Rhode Island that have unemployment these initiatives would support $50 mil- We have to deal with this issue, par- rates above 6 percent. lion for road improvements. Some of ticularly in those States such as Rhode Despite the urgent need for these the discussions we have had about a Island that are seeing unusually high extra benefits, a minority of Senators package—$50 million for road improve- unemployment rates. So far, 4,416 prevented this bill from moving for- ments. It would also support $14 mil- Rhode Islanders have already ex- ward. What we have seen since that lion for transit operations which would hausted their federal benefits. They are date is not an improvement in the situ- assure transit operations for particu- still searching for work, unsuccess- ation but a significant deterioration in larly the poorest citizens of Rhode Is- fully, but now they have lost the sup- the situation. We can no longer ignore land. It would also support $19.1 mil- port of unemployment insurance. acting on this critical issue. lion for water infrastructure projects. There are 20,000 Rhode Islanders who Today there are more disturbing Across this country, these projects are receiving unemployment insurance numbers. There is an indication also in could generate more than 470,000 jobs. benefits. In the first week of November, the press that President Bush would We are losing about 500,000 jobs, it another 1,347 Rhode Islanders were sign a bill, but he cannot sign a bill un- seems, every reporting period. If we added to our State’s unemployment less we pass a bill. We have the oppor- could reverse that and report an in- rolls. These are very dispiriting num- tunity to do that before we leave crease in jobs, that would not only put bers. They call for action, and I hope today. Since the economy continues to a lot of money into people’s pockets we can act. unravel, we cannot sit back and wait. and families’ pockets, but it would also Nationally, it is estimated that near- We have to act. send a signal to the country that con- ly 1.2 million Americans will exhaust In October, the House overwhelm- fidence can be restored, that hope can their current benefits by the end of the ingly passed a measure virtually iden- indeed be engendered. year. Where do they go? They have no tical to my legislation. We must do the Finally, I believe we need to provide direct financial support through the same. I hope we take this action this some funding for the States and com- unemployment compensation program. week. We cannot wait until January. munities that are strapped by this cri- They have seen the value of their There will be more people without jobs, sis. We are looking at severe deficits. homes whittle down to, in some cases, unfortunately, by January, and those States are looking at them. Many less than the mortgage they owe. They who are having the opportunity to col- States do not have the ability to oper- are seeing pressures in every area. Un- lect benefits bill exhaust those benefits ate beyond a balanced budget. They are less we provide them some assistance, by January. We have to act. going to have to make excruciatingly their ability to simply keep their heads We have to do more than just an un- difficult cuts. I think we should put above water—to keep their families employment insurance program. We more money into our matching Federal fed, to keep a bit of hope alive—will be have to focus on other forms of relief Medicaid programs which will help extinguished. We cannot let that hap- that will provide not only help to States and help people receive health pen. Americans but stimulate our economy, care. These investments, again, are not These benefits are not handouts. such as funding for food stamps and only compelling because of the needs of These people have worked. They have food banks. Families are turning more our fellow Americans, but justified be- paid into the program. They receive a to these institutions every day. It is cause of their ability to stimulate the modest weekly benefit to keep them not just the marginal American, some- economy and to pick us up and move us close to making ends meet. one who might be on the street strug- forward. There is something else too. We have gling with mental health issues, who Events over the last several months a task before us not simply to deal in- needs the assistance of those institu- have dramatically highlighted the eco- dividually with men and women who tions. More and more families—work- nomic challenges we face. We are grap- have worked hard and now—through no ing families—are coming to food banks pling with the most severe economic

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.018 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10687 downturn we have seen perhaps since TRIBUTE TO SENATORS which was a perilous, dangerous mis- post-World War II and perhaps since TED STEVENS sion not only from enemy resistance, the Great Depression—the worst set of Mr. WARNER. Mr. President, this but if anything malfunctioned on that economic circumstances. We must do may well be my last opportunity to plane, there was no landing field below something. To sit back and watch speak on the floor of the Senate. I see you, just miles and miles of rugged Americans continue to lose hope, to my senior colleague, the senior Sen- mountain terrain, much of it totally lose their jobs, to lose their sense of ator from Alaska. I come for the pur- uninhabitable. the potential of this country is unac- pose of saying some remarks about sev- I think the Senator was under 21 ceptable. We need swift action. No eral colleagues, including my longtime when he flew those missions, and his more debate; we need to vote. We need friend. If it is convenient, I will take crew exemplified the courage of the to pass an unemployment compensa- the 5 minutes I have just been granted World War II generation. He, among tion extension bill before we leave by the Presiding Officer because I have many, deserves credit as being a mem- today. to go out to the CIA for a meeting that ber of the ‘‘greatest generation.’’ Mr. President, I yield the floor. has been established for some time. I In subsequent years, when I came to f shall leave shortly after I finish my re- the Senate and joined the Armed Serv- marks. ices Committee, it was my privilege to EXTENSION OF MORNING travel to many places in this world BUSINESS Again, I see my friend from Alaska, and it evokes many long years of inter- with TED STEVENS to visit the men and Mr. REED. Mr. President, I ask unan- esting and happy memories. I recall so women in the Armed Forces. How imous consent that the time for morn- well that when I came here 30 years many times did we work together on ing business be extended until 12 noon, ago to the Senate, Senator STEVENS this floor—I as an authorizer and him with Senators permitted to speak for was one of those who sort of took the as an appropriator—shaping that an- up to 10 minutes each. ‘‘youngsters,’’ as we called ourselves in nual bill which I regard with a sense of The ACTING PRESIDENT pro tem- those days, under his wing. He had been humility as the most important bill pore. Without objection, it is so or- here 11 years, I think, when I arrived. I this body passes every year; that bill dered. that cares for the men and women of Mr. REED. Mr. President, I suggest remember serving under the Senator when he was the whip. I remember that the Armed Forces and provides the eco- the absence of a quorum. nomic resources for them to train, to The ACTING PRESIDENT pro tem- whip; he exercised it judicially but with determination. All in our fresh- modernize, and to preserve and protect pore. The clerk will call the roll. the freedom of this Nation. Speaking The assistant legislative clerk pro- man class remember that very well. I suppose what I remember most is on behalf of the men and women of the ceeded to call the roll. Armed Forces, they are grateful to The ACTING PRESIDENT pro tem- that I had a very modest and brief tour Senator STEVENS for all he has done for pore. The Senator from Florida is rec- of military service in World War II. I them through his distinguished career ognized. was only 17. I went in the last year of Mr. NELSON of Florida. Mr. Presi- the war, as did all the kids on my in the Senate. block. We joined and went in. I don’t I yield the floor. dent, I ask unanimous consent that the The PRESIDING OFFICER. The Sen- know if I ever shared this story with order for the quorum call be rescinded. ator from Alaska is recognized. The ACTING PRESIDENT pro tem- the Senator. In those days, the boys on pore. Without objection, it is so or- the block who were a year or two older f dered. than me had already gone in and start- FAREWELL TO THE SENATE Mr. NELSON of Florida. Mr. Presi- ed military service and were coming Mr. STEVENS. Mr. President, I am dent, is the Senate in morning busi- back on leave to visit their families. grateful to the Senator from Virginia ness? Some were severely wounded and hav- for his comments. I understand that The ACTING PRESIDENT pro tem- ing to stay for long periods of hos- duty calls him to go to his meeting at pore. It is. The Senator from Florida is pitalization. It was a dramatic period the CIA. I am grateful for his support. recognized. in American history. Mr. President, just before Christmas Mr. NELSON of Florida. I thank the I remember the Army Air Corps and in 1968, I was appointed to succeed Chair. those fellows who would come back Alaska’s first senior Senator, Bob (The remarks of Mr. NELSON of Flor- having flown their missions in Europe, Bartlett. Next month will mark the ida pertaining to the introduction of S. Southeast Asia, north Africa, or wher- 40th year I have had the honor and Con. Res. 106 are located in today’s ever the case may be. All of us who privilege to serve in this great Cham- RECORD under ‘‘Statements on Intro- were 16 and 17 and getting ready to ber. duced Bills and Joint Resolutions.’’) take up our responsibilities stood in First, and most important, I thank Mr. NELSON of Florida. Mr. Presi- awe because the nearest thing we had my family. After my wife Ann’s tragic dent, I yield the floor, and I suggest connected with an airplane was build- death in 1978, I thought the end of my the absence of a quorum. ing model airplanes. We built all the career had come, but my dear wife The ACTING PRESIDENT pro tem- military model airplanes, and we knew Catherine entered my life in 1980, and pore. The clerk will call the roll. The assistant legislative clerk pro- them by heart. There were those mag- joined by my six children, Susan, Beth, ceeded to call the roll. nificent flying jackets, and they were Ted, Walter, Ben, and Lily, and my 11 Mr. WARNER. Mr. President, I ask the envy of all of us. I tried to join the grandchildren, my family has given me unanimous consent that the order for Army Air Corps and went down and love, support, and sacrifice, which the quorum call be rescinded. signed up and joined the Navy. As hap- made my continued career in the Sen- The ACTING PRESIDENT pro tem- penstance would have it, the Navy first ate possible and gave it meaning. I pore. Without objection, it is so or- called me in. I had a modest career dearly love each member of my family. dered. with my generation in the training Forty years. It is hard to believe that Mr. WARNER. Mr. President, what is command. so much time could pass so quickly, the parliamentary situation? Is the The record reflects that Senator STE- but it has. I want everyone listening to Senator from Virginia able to address VENS, at a very young age, displayed know that I treasure every moment I the Senate? courage, determination, wisdom, and spent here representing Alaska and The ACTING PRESIDENT pro tem- leadership. His service in the Army Air Alaskans, the land and the people I pore. The Senate is in a period of morn- Corps in World War II won him two love. ing business. Distinguished Flying Crosses, several As a Member of this body, I served as Mr. WARNER. I ask unanimous con- Air Medals, and other decorations for whip from 1976 to 1984, as chair of the sent to proceed for no more than 5 min- flying those aircraft. He and I have Republican Senatorial Campaign Com- utes. reminisced many times over the dif- mittee, as chair of the Arms Control The ACTING PRESIDENT pro tem- ferent types of planes he flew—pri- Observer Group, as chair of the Ethics pore. Without objection, it is so or- marily the old C–47, if my recollection Committee, as chair of the Rules Com- dered. serves me—and flying over the hump, mittee, as chair of the Governmental

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.019 S20NOPT1 jbell on PROD1PC69 with SENATE S10688 CONGRESSIONAL RECORD — SENATE November 20, 2008 Affairs Committee, as chair of the Ap- systems, hospitals, clinics, commu- never even have dreamed of being here propriations Committee, as chair of the nications networks, research labs, and today. And home is where the heart is, Commerce Committee, and also had much, much more. Alaska was not Mr. President. If that is so, I have two functions as the ranking member as Seward’s folly and is no longer an im- homes—one is right here in this Cham- the political change took place back poverished territory. Alaska is a great ber, and the other is my beloved State and forth across this aisle. I also served State and an essential contributor to of Alaska. I must leave one to return as President pro tempore and President our Nation’s energy security and na- to the other. pro tempore emeritus. tional defense. I am proud to have had As I leave the Senate and the work I am having really a difficult time a role in this transformation. Working that has given me so much happiness today articulating my feelings, and I to help Alaska achieve its potential and satisfaction over the years, I know hope if I puddle up a little bit, as my has been and will continue to be my Senator MURKOWSKI and Congressman old friend used to say, I will be ex- life’s work. YOUNG will continue to be strong cused. My motto has been here ‘‘to hell with voices for our 49th State. This is the When I came to the Senate, Alaska politics, just do what’s right for Alas- last frontier. I also pray for my succes- had been a State for less than a decade. ka,’’ and I have tried every day to live sor’s success as he joins in that effort. We were then more of an impoverished up to those words. I take great pride in My mission in life is not complete. I territory than a full-fledged State. The the work of the Appropriations Defense believe God will give me more opportu- commitments made by the Federal Subcommittee, the leadership of which nities to be of service to Alaska and to Government in our Statehood Act were I have shared for almost three decades our Nation. And I look forward with unfulfilled, and some are still with my brother Senator DAN INOUYE, glad heart and with confidence in its unfulfilled. Alaska had not received and I thank him for being here. He is a justice and mercy. the land and resources it had been great American patriot and a true I told members of the press yesterday promised. Poverty and illness reigned friend. Together, we have worked to re- that I don’t have any rearview mirror. supreme in rural regions of our State. build our Armed Forces to provide the I look only forward, and I still see the I remember so well when Senator KEN- support and training needed by our day when I can remove the cloud that NEDY and I went to the Arctic and ex- warfighters to meet the challenges of a currently surrounds me. amined some of those villages. It was a rapidly changing world. That’s it, Mr. President, 40 years dis- disaster. Our fisheries were in peril, I don’t have time today to recount tilled into a few minutes, I close by primarily from the intrusion of foreign the highlights of 40 years of work in saying and asking that God bless Alas- vessels that were anchored just a few this body. That will take a lot of time. ka and our Governor, God bless the miles offshore 12 months out of the I will take time, however, to acknowl- United States of America and our year. edge the friendships I have enjoyed President, and God bless the Senate Many people doubted whether Alaska with so many of my colleagues and and every Member of this body. had what it took to be a successful Senate staffers. I yield the floor for the last time. State, and they asked whether Alaska I really am grateful to every Member (Applause; Senators rising.) was still Seward’s Folly. We proved of the Senate for their friendship, and The PRESIDING OFFICER (Mr. those doubters were wrong. Working I bear no ill will toward any Member of BROWN). The majority leader is recog- with one another as Alaskans and with this body. I am most grateful for the nized. great friends in the Senate, Alaskans support and counsel of my colleagues Mr. REID. Mr. President, I rise to say took control of our own destiny. in the Alaska congressional delegation, farewell to our distinguished colleague, In 1958, as legislative counselor for my old friend in the House, Congress- the senior Senator from the State of the Department of Interior, I worked man DON YOUNG, who has done so much Alaska. TED STEVENS’ public service on Alaska’s Statehood Act. Section 4 of for our State, and my steadfast partner has been more than a career, it has that act committed Congress to settle in the Senate, Senator LISA MUR- really been his life’s calling. the Alaska Native land claims. KOWSKI, to whom I owe so much and ad- After serving in World War II, where In 1971, Congress did enact the Alas- mire so much. She has been a true he rose to the rank of first lieutenant, ka Natives Land Claims Settlement friend and true partner. I wish her well TED STEVENS completed undergraduate Act, settling aboriginal claims in our in the future here. work at UCLA and received a law de- State. Native corporations, established I also want to acknowledge the tre- gree from Harvard. He then came to at my request to manage $1 billion paid mendous contribution made by hun- Washington, DC, for the first time to to our State by the Federal Govern- dreds of young Alaskans who have work for President Eisenhower. His ca- ment, and the 44-million acre land set- come to Washington to serve on my reer in elected office started in 1964 tlement are now driving forces in the staff. In particular, let me express my with his election to the Alaska House Alaska economy. gratitude to my current staff, all of of Representatives. He became major- In 1973, after a dramatic tie-breaking whom have worked hard for Alaska ity leader in his second term. Ap- vote by the Vice President of this during the toughest of times. I know pointed to the U.S. Senate in 1968, TED Chamber on an amendment which all will go on to do great things for STEVENS was returned by the voters of closed the courts of this country to fur- Alaska and our country. Alaska six times and last year became ther delay by extreme environmental- I feel blessed by God to have had the the longest serving U.S. Republican ists, the President signed into law the opportunity to serve in this body. I Senator in our Nation’s history. Trans-Alaska Pipeline Authorization deeply appreciate the trust Alaskans His career has been more than about Act. That act dramatically improved have reposed in me for 40 years. When longevity. He has been an advocate for America’s energy security and secured Alaska needed a strong voice to speak his State. And that is an understate- the economic future of Alaska. up for its interests, I did my part to the ment. He has served as President pro In 1976, Congress passed what became best of my ability. When an adminis- tempore of the Senate, and now emer- known as the Magnuson-Stevens Act to tration submitted legislation or a itus. He has been a senior member of fight foreign fishing fleets which en- budget that ignored Alaska’s legisla- the Commerce, Science, and Transpor- dangered America’s fisheries. Because tive concerns, I urged Congress to exer- tation Committees. He has been heav- of that act, America’s fisheries today cise its constitutional power to redress ily involved, as I know, in the Appro- are the most productive and the best the balance. When an Alaskan—any priations Committee, Homeland Secu- managed in the world. Alaskan—or any Alaskan entity needed rity Committee, and Rules Committee. Working within the framework of help, my office was ready and did help That is where I have become so well these basic laws, Alaskans have la- to the maximum extent possible. acquainted with TED STEVENS, is on bored in the appropriations and admin- I feel the same way now that I did in the Appropriations Committee. I had istrative process to make statehood a 1968. I really must pinch myself to fully the good fortune of helping on the floor reality. Where there was nothing but understand that I am privileged to on a number of appropriations bills. I tundra and forest, today there are now speak on the floor of the U.S. Senate. consider a mark of distinction and airports, roads, ports, water and sewer Coming from the boyhood I had, I could something I will always remember my

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.022 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10689 Hulk tie Senator STEVENS gave me. I Mr. MCCONNELL. Mr. President, There are also the big projects, don’t know anyone else he gave one to, Senate colleagues, how does one sum whether it is our 800-mile trans-Alaska but it was his way of saying thanks for up the extraordinary accomplishments pipeline that Senator STEVENS helped getting that appropriations bill done; I of the longest serving Republican Sen- to create or the settlement of our Alas- liked the way you worked to get it ator in U.S. history? The majority ka Native land claims, the fact that we done. leader has summarized Senator STE- have F–22s at Elmendorf Air Force Events have transpired in Senator VENS’ career, but I think there is a way Base, or a compromise recently that al- STEVENS’ life these past 2 years that to measure it and to summarize it that lowed Eielson Air Force Base to remain are deeply unfortunate. He and I had a is even shorter. I think it is safe to say, a vibrant and strategic center for our number of conversations about what without any fear of contradiction, military. And then the big things that was going on. I wish nothing but the there is no Senator in the history of are yet to come, as we are working to best for TED, Catherine, and his daugh- the United States who has ever done advance a natural gas pipeline to bring ter, whom I have known since she was more for his State than Senator TED that energy source to the lower 48. We a little girl, now a distinguished law- STEVENS. Alaska would not be what it will also have a new VA outpatient yer. is today—— clinic in Anchorage that TED has been Although I said in the past that Sen- Mr. BYRD. That is right. responsible for. ator STEVENS flew in World War II with Mr. MCCONNELL. But for him. When Alaskans think about the dif- the Flying Tigers, on the Senate floor Mr. BYRD. That is right. ficult debates, the issues Congress has he will always be remembered as a lion. Mr. MCCONNELL. So we say farewell dealt with over the years as they relate I have two final stories. I was a to our friend from Alaska and wish him to Alaska—and primarily these are de- brandnew Senator, and my friend Alan well in coming years. He can always be bates where the Nation has sought to Bible died. Alan Bible served the State proud of the fact that no Senator in tell Alaskans what we should be doing of Nevada with distinction for 20 years. the history of this country has ever to manage our lands, to develop our A military aircraft was provided to done more for his State than Senator economies, to live our lives. Every take those who wished to go to Nevada TED STEVENS. time there has been an argument, a de- for the funeral. There were two people Mr. BYRD. That is right, TED. That bate, a victory, it has been the forceful on that airplane—HARRY REID and TED is right. voice of TED STEVENS defending the STEVENS. Think about that. We flew to (Applause.) right of Alaskans that prevails. Reno, NV, for a funeral. We went out The PRESIDING OFFICER. The jun- We all knew when he would come to and back in 1 day. It takes 5 hours to ior Senator from Alaska. the floor wearing his Incredible Hulk go out that way and 5 hours to come Ms. MURKOWSKI. Mr. President, I tie, he was fighting a battle for Alaska back. would like to speak this morning from that day, and look out. Whether it was I said—and I was a new Senator: Sen- the perspective of an Alaskan. Some- our timber issues or the battle over ator STEVENS, why are you on the air- times it is not appropriate for a woman ANWR or our fisheries, he was there plane? I framed it a little differently to acknowledge her age, but when Sen- working, fighting, compromising, nego- than that. He said: I have a long mem- ator STEVENS first came to this body, I tiating these battles for the State of ory. The Alaska pipeline bill would not was 11 years old. Senator STEVENS, TED Alaska. have passed but for Alan Bible. It was STEVENS, has been ‘‘Alaska’’ in this There are a lot of things we know very hard for him to make up his mind Senate for four decades now. Many about TED and his passions, as he has what he wanted to do, and when he did, Senators earn their place in the his- demonstrated them here on the floor, he was the culminating vote that al- tory of their States during the course but there are some other things you lowed that to pass. He said: I had to go of service in the Senate. But by the might not know about Senator STE- to Reno to honor what Alan Bible did time TED came to the Senate back in VENS and what drives him, such as his for me. 1968, he had already earned his place in care and his passion and support for Finally, everyone knows I have a Alaskan history. He had earned his world-class fishing out on the Kenai unique relationship with DAN INOUYE. place in Alaska’s history for his work a River, his support for public broad- When he ran for leader, I supported decade earlier. casting, which earned him two national him above anyone else. I did it because As an Interior Department attorney awards, and his undying commitment he had been so good to me personally in the late 1950s, TED was the Eisen- for the Olympic movement and ama- and, I felt, good to the Senate. And, of hower administration’s point man on teur athletics. course, I admired this man for what he Alaska statehood. Well, this year, our Somebody mentioned it would take a had done for our country, not only in State is celebrating its 50th anniver- long time to enumerate the accom- the House of Representatives and in sary of statehood. But for the persist- plishments of TED STEVENS. Mr. Major- the Senate but as a soldier in Italy ence of TED STEVENS at that time, our ity Leader, I might suggest that in where he was badly wounded. statehood anniversary date might be order to do that, it would take as long It doesn’t take much intelligence to celebrated some years off in the future. as it took you when you read your understand that the most secure, last- It was that persistence that TED book about Searchlight on the floor ing friendship in this Senate and one brought to the Senate. when I was sitting in the Presiding Of- that probably is a friendship I have Historians will record the life of TED ficer’s chair. We don’t have time to do never seen before is the one with Sen- STEVENS and the history of post-state- that this morning, and that is not my ator STEVENS and Senator INOUYE. hood Alaska and suggest they are all purpose today. But I would like to refer Terms are thrown around a lot: ‘‘He’s interwoven. But I think there is an to TED’s accomplishments in two small my brother.’’ With DAN INOUYE and easier way to express that. When I areas to illustrate a point I wish to TED STEVENS, they are brothers. think of the good things, the positive make about his character and his per- The Bible tells us in the Old Testa- things, that have come to Alaska in sonal commitment to public service. ment: ‘‘Two are better than one; be- the past 50 years, I see the face and I These are in the areas of what he has cause they have a good reward for their see the hands of TED STEVENS in so done to improve the lives of Alaska’s labor. For if they fall, the one will lift many of them. Native people and also his legacy to up his fellow: but woe to him that is Some of them are so small, like a America’s fisheries. alone when he falleth, for he hath not washeteria for Golovin, a village of 67 It is often said a society is judged by another to help him up.’’ DAN INOUYE people people near Nome. TED STEVENS, the way it treats its most vulnerable may not be the most powerful physical through funding from the Denali Com- members, and it is appropriate we person in the world, but I think he is mission, has enabled that village to judge the character of our elected lead- the most powerful friend a person could have that washeteria. You might not ers in a similar way. In Alaska, the have. And as Scripture indicates, he think much of that, but when you don’t most vulnerable among us are our will always be there for his friend, TED have a water and sewer system and you Alaska Native people—the 120,000 or so STEVENS. don’t have a place for basic sanitary Aleuts, Eskimos, and Indians who are The PRESIDING OFFICER. The Re- services, providing a washing facility the descendants of Alaska’s first inhab- publican leader is recognized. in a little community is a big deal. itants. We recognize that the statistics

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.022 S20NOPT1 jbell on PROD1PC69 with SENATE S10690 CONGRESSIONAL RECORD — SENATE November 20, 2008 about the condition of our Alaskan Na- ka Native Medical Center that has been I believe that, in the future, whoever holds tives are not something of which we erected to remind Alaskans that this Alaska will hold the world. . . . I think it is are proud, with incomes that are half facility would not have been possible the most important strategic place in the world. of other Alaskans and high rates of do- without the work of TED STEVENS. So mestic violence, suicide, child abuse, our Alaska Natives today enjoy an in- Those words of Billy Mitchell, I violent deaths, and a prison rate tegrated, high quality health care sys- think you and I agree, hold true today. among our population which is not ac- tem thanks to TED STEVENS. Alaska continues to provide this top ceptable. This is important for us to remember cover for the defense of the North For decades, Alaska’s most vulner- because so much of what we see in the American Continent. Our troops tell us able people have had no better friend Senate, the record that is created, we our communities in Alaska support the than TED STEVENS. If you go to TED’s don’t have the opportunity to see how military like nowhere else in the coun- Web site, it lists his milestone legisla- that translates to the people TED STE- try. The heartfelt appreciation is gen- tive accomplishments, and 8 of the 13 VENS has represented for some 40 years. uine. We offer unencumbered military are directed to improving the condi- Other areas he has worked for Alas- training areas that are simply not tions of Alaska’s first people. So many ka’s Natives involve work to preserve available anywhere else. Our re- of them are so basic. You have all their cultural lifestyles through preser- sources—our natural gas, our mineral heard the stories; TED has stood on the vation of their subsistence traditions resources—will support and continue to floor and talked about the economic and making sure the Inupiaq people support America’s national security for conditions we face—the fact that we can continue their whaling and helping generations to come. don’t have road systems, the fact we with economic opportunities and re- Through his investments in the de- have to fly to most of the villages or go ducing transportation costs. We are velopment of our State and our people, by boat—but the reality is that in so seeing a migration from our smaller TED STEVENS has helped to prepare many of our communities, in so many villages into our larger cities, but I can Alaska to meet its future challenges. of our villages, we still don’t have basic tell you, without the lifestyle improve- We are a strong and confident and water and sanitation for those who live ments TED STEVENS has brought to skilled people, and we are empowered— there. Before TED STEVENS came to the rural Alaska, our Native people would we are empowered by all TED’s work Senate, many of these villages had no have left their villages decades ago. So has brought to us over 40 years of serv- running water, no flush toilets, no I wish to thank you, TED, for all you ice in the Senate. plumbing, no place to wash clothes or have done there. While TED may leave this body, I I mentioned the fishery resource, and take a shower—the basic needs when it think all of us will continue to seek his Senator STEVENS himself mentioned comes to sanitation and health. advice, his counsel, and his wisdom for In so many instances, our Native peo- that in his comments, but it was near- as long as he is willing to offer it. ly 40 years ago that TED joined with ple have lived, and some still live, in TED, you have earned a very special Warren Magnuson and developed a new what could be called Third World con- place in the golden hearts of Alaskans, management regime for our fisheries. ditions, conditions that wouldn’t be and you hold a very special place in my This was at a time when our fisheries tolerated anywhere in this country, heart. Thank you for your service to in the United States, including Alaska, and conditions that TED STEVENS Alaska. were heavily overfished by foreign would not tolerate. He determined he I yield the floor. fleets. The Magnuson-Stevens Act was going to change it and he did. In The PRESIDING OFFICER. The sen- helped put America back in the fishing 1980, only about 20 percent of the rural ior Senator from Hawaii is recognized. industry. This legislation also created houses in Alaska had indoor sanitation Mr. INOUYE. Mr. President, all of us the Regional Fishery Management facilities. Thanks to TED STEVENS, that realize the events of recent weeks have Council. It is largely responsible for been less than pleasant and at times percentage has risen to well over 75 the development of Alaska’s sustain- dismal and heartbreaking. But to my percent. Now, we still have a ways to able fisheries. We are very proud of the friend, I say stand tall, TED, because go, but what he has done is pretty re- fact that to this day we supply about you have every reason to do so. Your markable. half the seafood that is caught in this Talking about health improvements good and courageous service to our Na- country. and conditions, it is almost impossible tion is part of our history. It can never It was at TED STEVENS’ insistence to recruit health professionals to our that the United States negotiated an be obliterated. Your service to the peo- small and remote areas. So TED looked agreement to stop the illegal fishing in ple of Alaska is legendary, and I am into the future and wondered how we the international waters of the Bering certain that in decades to come, Native were going to provide access, how we Sea. This agreement has restored the Alaskans—Eskimos and Indians—will were going to provide for the needs of Alaska pollock fishery from near col- be singing you songs of praise. But those who live out here. And he said: lapse. He has been an absolute cham- above all, I thank you for your four Well, let’s think ahead, and he brought pion of ocean conservation. He pushed decades of friendship. I will cherish statewide telemedicine. It is the back- the U.N. to ban high seas drift net fish- them. Thank you. bone of what we have in Alaska in ing, a practice that was devastating The PRESIDING OFFICER. The Sen- terms of how we provide for our health our salmon fisheries. Alaska fishermen ate President pro tempore is recog- care needs. It is the largest telemedi- will never forget TED STEVENS, the con- nized. cine program in the world. It gives first servationist, the advocate who has Mr. BYRD. Mr. President, I have responders an ability to consult with truly helped bring our fisheries where been thinking, while sitting here lis- doctors in the larger cities. Thanks to they are. tening to the eloquent remarks of the TED STEVENS, people’s lives have been TED’s departure from the Senate senior Senator from Alaska on this saved. He has made an enormous dif- truly leaves a void in our hearts and day, I have been here a long time, and ference in our community. He has some very big shoes to fill here in the so has he, the Senator from Alaska, al- championed the construction of hos- Senate. There are a lot of us in Alaska though he is just a youngster compared pitals in our rural hubs out in who are wondering if anyone can fill to me. Some in this town would say we Kotzebue, Barrow, Nome, and these shoes. We agonize over whether have both lived too long. Dillingham. He has brought about the the Federal Government’s interest in A long life is a blessing for many rea- community health centers and health Alaska is going to dwindle without TED sons. One of the reasons is one learns a clinics. here to fight for us. But I am opti- lot. One learns to take the bad with the I know a lot of you have had an op- mistic, TED, that is not going to be the good. One learns to separate the pho- portunity to come to Alaska, and your case. nies from the friends. One learns that first stop is the airport in Anchorage, You have said many times in speech- family is the most important gift. One and you notice that the airport is es you have given here on the floor and learns to appreciate small, special mo- named after TED STEVENS. Well, you back at home—you voiced the words of ments and the really good things in might not know that there is a large GEN Billy Mitchell back in 1935 when life—like a good laugh, a good cry, a monument at the entrance to the Alas- he said: good dog, and a good meal.

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.024 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10691 Politics is a rough business, with lots has occurred in the life of TED STEVENS you a lot and others can about what he of highs and lots of lows. After a long that you people of Alaska quite prop- is like as a Senator. I will tell you this, time in politics, I come to understand erly have been involved in. But none of that Hadassah and I talked the other that the point of it all is helping peo- us who have worked with him could let day and we said: Who would we call, of ple. TED STEVENS has helped a lot of this day pass with anyone not know- our colleagues in the Senate, if some- people. ing—whether they be in Alaska, a Na- thing happened in the family? We all make mistakes. I have made tive of Alaska or resident of Alaska or Now I think about it, it was said at 3 more of them than I have hair follicles. a Native, true Native—all of you must a.m. in the morning. That was before But thank God we will be judged in the know of the high respect and great es- the commercials in the last campaign. next world by the good we do in this teem in which we hold your Senator. But this was not about a national world. TED STEVENS has done a lot of We are most grateful that you sent him emergency, this was about something good. here for 40 years. For some of us, it that happened in the family and you I wish for you, my friend TED STE- ends too abruptly, but every ride seems needed somebody’s help to come over VENS, many happy years. I know you to have an end. and watch the kids or something such will never stop working for the people All I hope is, with what you have left as that. We said we would call TED and of your beloved State of Alaska. Bless in your life, that you will feel this day Catherine STEVENS. I never had to your heart, TED. I love you. is a special one, when Senators have make that call, but I have no doubt I offer an Irish blessing: May all the put their hearts out here on the Senate they would have responded. I have gotten to know TED STEVENS roads that you have built, TED, rise up floor to tell you who you were to them, very well. This is a good and honorable to meet you, and may the wind, TED, what you meant to them. I hope I have man. He is a wise man, reads a lot. And be always at your back. May the Sun done my share in my few moments. No- in recent years we have exchanged shine warmly upon your face, TED, and body will know how many times we books, usually adventure novels, with may the rains fall softly upon your have talked and met, how many times one another. He has a tremendous fields. And until we meet again, may you and I have shared personal things God hold you, TED, in the hollow of His sense of history, and more than some and gone on with our own business, but hand. might appreciate, he has a great sense we were certain to mention our per- Bless your heart, TED. I love you. of humor as well. The PRESIDING OFFICER. The Sen- sonal problems along with it, things we So I salute him as a good and honor- ator from New Mexico is recognized. wanted to share as men. I thank you able man, a man of faith who has Mr. DOMENICI. Mr. President, I rise for every bit of that. served our country with great effect. I now because I look around and I don’t To the extent that some of our pray- want to take a moment before I close think there is any Senator left on the ers and the prayers of some of our rel- to talk about the extraordinary service floor who has served longer than I with atives whom I asked personally to pray and supportive leadership TED STEVENS him. He has had his 40; I have had my for you—I hope it has had some good. I has given to the Armed Forces of the 36. hope when you were down, you were United States and, therefore, to the se- Senator, I just want to say this to lifted a bit. I hope that today you are curity of every American, the freedom you. The Constitution of the United going to be lifted more so that you can of every American, and I would say the States said that there will be a dif- stand what is ahead of you with a high security and freedom of people in coun- ference between the Senate and the head and come out of it with more of tries all over the world who have bene- House. They said the way to get a con- the successes of your life right out in fited from the courage of our military, stitution is to make sure they provide front of you for you to feel and touch, the skill of our military, and even that individually the States would be as those hard issues still remain. more directly because of the support adequately represented. And they said: Thank you for your friendship. TED STEVENS and DAN INOUYE have We will make sure of that by creating The PRESIDING OFFICER. The Sen- given to our allies militarily around a U.S. Senate where two Senators rep- ator from Connecticut is recognized. the world. resent the State. Mr. LIEBERMAN. Mr. President, The distinguished Republican leader My friend, I want to say to you, obvi- much that has been true and honest said he could not think of any Senator ously I have traveled a little bit dif- has been said by our colleagues this who had done more for his State in the ferent path in my 36 years, but many morning to support and pay tribute to history of the Senate than TED STE- times the paths have crossed—you and the unique, the great and historic serv- VENS has done for Alaska. I would say this Senator. I do want to say that, ice of Senator TED STEVENS to Alaska something else at this moment. Re- more than anyone else, you have and to our country. I will come back to member, we have constitutional re- taught me the meaning of representing that, but I wish to take a moment to sponsibilities that we swear to uphold my State. You are unabashed about speak about TED STEVENS as a friend when we take the oath of office as Sen- that. That caused me on many occa- and a neighbor. ators. One of the great ones, perhaps sions to think about what I was doing It happened that when I first came to the first one, which precedes all others, and whether I was representing my the Senate 20 years ago, our wives, is to provide for the common defense. I State correctly, to the full extent of Catherine and Hadassah, became honestly cannot think of two Senators my ability, and whether I did that with friends. As usual, they led us in the who have done more to protect the se- gusto, knowing that we needed things. right direction—which is toward each curity of the United States of America, For we are comparable in that we are a other. In fact, it was Catherine and and therefore our freedom, than TED very poor State. We are among the last TED’s counsel and urging to Hadassah STEVENS and DAN INOUYE. that came in, and we have many of the and me that led us, after 6 years living You know, we talk a lot around here same problems you have. somewhere else, to the neighborhood about partisanship. All of us agree that It has truly been a luxury of my life we live in now, which is where they there has been too much of it, that it to work with you, to see how you got used to live. In the last several years, gets in the way of us getting things things done, and, from time to time, to they have come back to that neighbor- done. I have been privileged in the be able to help you because you hood. years I have been on the Homeland Se- asked—you were unabashed in that re- Maybe, beyond the news that comes curity Committee to have had a won- gard too—to help your State. You out of the Senate in Washington and derful relationship with Senator COL- would ask any of us to join you in your the politics that dominates the news, a LINS, whether she has been chairman or cause, and most of us did that will- lot of people back home and around the I have been chairman. But this rela- ingly. country do not realize we are actually tionship between TED STEVENS and DAN Mr. BYRD. You bet. just normal people—we live in neigh- INOUYE is unique. Regardless of which Mr. DOMENICI. But, Senator, I wish borhoods here, we have friends, and we one was in the majority and which was to say just a word to the people of your get to know our friends. in the so-called minority, these two State. I speak of TED in that regard. Once were cochairs. They shared staff, they We know TED STEVENS as a Senator years ago somebody said: What can you helped each other, because the party representing you people. A big event tell me about TED STEVENS? I can tell affiliation ultimately did not matter.

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.025 S20NOPT1 jbell on PROD1PC69 with SENATE S10692 CONGRESSIONAL RECORD — SENATE November 20, 2008 What did you say your oath was? To I do not know if I can say anything think many times they are completely hell with politics, I have got to do what much better than that. But all I can false. I was a Member of the House is good for Alaska. I am going to say, say is this is a good man. He deserves when I first met TED STEVENS. It was in so many ways, particularly working to be remembered as a great man as at a retreat our party was having, and with DAN INOUYE, you have said well. We all love you. We wish you the I sat there wondering what on Earth throughout this 40 years, particularly best. We hope we continue to see a lot makes this man tick. Here was the in the years you have worked together of you. most obstreperous if not outrageous on the Defense Appropriations Sub- I yield the floor. person expressing his opinion, despite committee, to hell with politics, we, The PRESIDING OFFICER. The Sen- any other person who had an objection, DAN INOUYE and I, are going to do what ator from Washington State. who insisted on making his point. is good for America. Mrs. MURRAY. Mr. President, I rise I went away from that meeting and I salute you for that. I thank you for today on behalf of many citizens of said: That TED STEVENS fellow is one of that. I love the fact that you said in Washington State who are friends of the most unique people I have ever your remarks that you are confident the Senator from Alaska. On their be- met. I would just as soon not meet him God has more work for you to do. I half today, I say thank you for all of again. Then I found out that he was share that confidence and that faith. I the work that you have done for your running for leadership of the Repub- wish you and your wonderful family, neighbor to the South. lican party in this distinguished body Obviously, everyone here has listed your beloved wife Catherine and your against my friend and colleague, men- the many accomplishments of the sen- children, all of God’s blessings in the tor, hero, Bob Dole, and came within ior Senator from Alaska in his many years ahead. one vote. There is a story there, but we decades of service. We are a State that The PRESIDING OFFICER. The Sen- will not get into that. And so that was ator from Utah. considers Alaska a neighbor. He has the history as I regarded TED Stevens. Mr. HATCH. I remember the first been an ally of ours many times over, I came to the Senate, had the privi- time I met TED STEVENS. It was back and throughout his long service in lege of being elected to the Senate in in 1976 when I was a young candidate serving his own State, has also helped 1996. I was standing right over there. for office, citizen candidate, hardly the citizens I represent. I thank him All of a sudden there was TED STEVENS knew where the Senate floor was. I for that today. I thank him for his standing in front of me. That was sort have loved and admired him ever since. years of service on the Appropriations of a frightening experience for a new We have been in the presence of three Committee where I watched him as the Senator. But he came up and he jabbed great senior lions in the Senate. BOB Chair and ranking member, where his finger on my chest—TED, you will BYRD, as we all know, has served this though he may be a strong adversary, not remember this—and he said, ‘‘I Senate many years. And I love these he also understood that everyone had a three people. right to speak and had a right to offer know who you are.’’ I said, ‘‘Well, I sure as hell know who DAN INOUYE. I admire him so much arguments and respected that. I think for the courage, honor, and friendship that is truly a lesson all of us should you are.’’ he has displayed to so many of us. But remember. He said, ‘‘You allegedly know some- thing about agriculture. Bob Dole told above all, to TED STEVENS. TED STE- But I want to share a lesson that the me about you, said you were a stand-up VENS is truly one of the greatest Sen- Senator from Alaska also taught me ators who ever sat here. All three of that I think is important for this time guy.’’ them are. They have been exemplary to as well. Several years ago I was privi- I said, ‘‘Thank you. That is a real all of us, but especially me. leged to join the Senator from Alaska compliment.’’ I have watched them. I have learned and the Senator from Hawaii on a dele- He said, ‘‘You serve on Armed Serv- from them. Hopefully I have not heard gation trip to China where we met with ices and Intelligence?’’ the last of my dear friend TED. TED officials across the country to talk I said, ‘‘Yes, sir, I do.’’ STEVENS personifies a person with real about the important issues facing our He said, ‘‘How would you like to go guts, with real ability, that dedication country and China. to the Russian Far East with me?’’ to his State, dedication to every person Senator INOUYE was called away, and I thought to myself: Why on Earth in his State regardless of politics, reli- I was left as the senior Democrat on would I want to go to the Russian Far gion, or anything else. He has worked the trip. We met with leaders from East? his behind off for 40 years, and actually China across the table from us. Senator He said, ‘‘We are going to go to longer than that, in public service—one STEVENS led many of these meetings Habarodfk. I can assure you, Habarodfk of the greatest men I have ever met. but on several occasions turned to me is not one of the places that you would I always loved him when he wore the to ask me to lead those. As we were want to go to if you had free time to go Incredible Hulk tie. I always got a big leaving China, I thanked him for that anywhere.’’ And he said, ‘‘Then we are kick out of it. I even liked his cranki- respect he gave me in front of our dele- going to go to Vladivostok. We are ness, because there was always a little gation and in front of theirs. He said to going to meet with the admiral of the smile behind it. He never held a grudge me he thought it was important that Russian navy. He is closer to Alaska against anybody, and he was always the people of China see that even than he is to Moscow. I know him.’’ willing to lend a helping hand and give though we have two different parties I thought, this is a man who has un- good advice. here with very strong opinions we re- usual relationships with people all Frankly, I admire him so much. TED, spect each other and out of that re- around the world. I believe this cloud will be lifted from spect are able to lead this country fac- ‘‘And then we are going to go to you. It should be. The fact is that you ing the challenges we have in front of South Korea to meet one of the many are a great man in a great body here us. presidents that come and go in South where so few rise to the top level. You He used that as a lesson to China, but Korea to indicate our strong support. really have. You have shown such kind- it was a lesson to me as well, that we But then we are going to be the first ness and graciousness to virtually ev- do have two strong parties, but in the delegation allowed into North Korea.’’ erybody here, and enough toughness end we serve the people of America, Well, that got my attention. He said, too, when we have needed it. You are a and we do it by respecting each other. ‘‘That is why I would like to have you great leader. I for one am going to miss So I stand today and join my col- come along, because if we could ar- you as a Member of this body. I hope leagues in thanking the Senator from range a third-party grain sale’’—and I we will not miss you as a friend and Alaska for being the leader he has been guess this is not classified anymore, colleague in the future, because you here, for the work he has done, and but at any rate—‘‘arrange a third-party will always be my colleague. You will wish him the very best in his future. grain sale, and using agriculture as a always be somebody I look up to. You I yield the floor. tool for peace, there are things we can will always be somebody who I learn The PRESIDING OFFICER. The Sen- do in North Korea to at least establish from. You will always be somebody ator from Kansas is recognized. a relationship.’’ who has stood for things that count: Mr. ROBERTS. Mr. President, first This man has tried to do that all family, home, State, country. impressions are always important. I around the world with our adversaries.

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.026 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10693 People talk about that a lot, that he assist North Korea which goes through combat jacket. He came in with Cath- actually just does it. He does not make a famine every harvesting year. In re- erine and took his place on two very any press releases about it, does not sponse, we could ask for other things. posh chairs. And I quoted again that talk about it much. So you had two World War II vet- saying he has said, and it has been said So I said, ‘‘Well, sure, I will sign up.’’ erans who told these two individuals: today by the Senator himself and by And he said, ‘‘I understand that you We are World War II veterans. We want others: ‘‘The hell with politics; let’s do are a journalist.’’ to make Pammunjon a tourist attrac- what is good for Alaska.’’ I will add: I said, ‘‘Yep, that is an unemployed tion. We want to make real progress And the country and our national de- newsman.’’ about that. Finally, TED had it up to fense and for every man and woman in And he said, ‘‘You could be the scribe here. He said: Knock off the BS. I know uniform; they owe this man a great in regard to this CODEL.’’ I might say you understand English. Just take the debt. That is a true thing that he has that any CODEL you went on with TED interpreter out of it and let’s get to the done in terms of his service. STEVENS, you always had a T-shirt say- bottom line. I am a journalist. I am an old news- ing: ‘‘I survived CODEL STEVENS’’ be- The bottom line was that they paper guy. My great-grandfather found- cause you would go to the South Pole, couldn’t do anything. They were there ed the second oldest newspaper in the you would go to other places, but you to learn what we were about. They State of Kansas, John Wesley Roberts. didn’t go to the water holes where ap- really couldn’t make any decisions. He was an abolitionist. I have printer’s parently the business executives of our That was a real lost opportunity at ink in my blood. The only thing I financial institutions go now to think that particular time. I will never forget would say to my fellow colleagues who about things. his leadership. have now left the galleries because the In any case, we went to Habarovsk At any rate, I would just like to say show is over, or at least up to this where I had a little discussion with on another CODEL, I don’t even know point, I would only say to my col- Senator INOUYE about where we were which one it was, we landed at 11 and leagues that I don’t know who sang the staying, our accommodations, and got we got to the hotel about midnight. song, ‘‘You Don’t Know Me.’’ Maybe to know DANNY very well. We went to This man is a great connoisseur of that was Patsy Cline; maybe it was Vladivostok. We talked to that admiral military movies, military history, al- somebody else. I will have to Google it. who felt closer to TED STEVENS than he most any other movie. He is a great But at any rate, you don’t know him. did the Russian Government at that devotee of that great documentary You really don’t know him. This is a particular time. We went to Sakhalin ‘‘Band of Brothers.’’ So we were play- man with a very gruff exterior, but he Island. There are tremendous oil re- ing ‘‘Band of Brothers’’ to virtually is a teddy bear when you really get to serves there. He was trying to work out staff and to all present. And this is at know him. I know that because that is some kind of arrangement where Amer- 12:30 at night. We had reached episode exactly what my daughter labeled him ican oil companies could come in and 5; we were going to episode 6. So there when she worked part-time for him take advantage of all of the oil re- we all were. And, of course, it was play- some years ago. serves. We had to work our way ing and playing. I looked around. All As a matter of fact, she called him through the saber-toothed tigers; I am the staff were asleep. Loyal, they were the mad penguin. She never called him not making that up. still there, but they were asleep. Then that to his face. I don’t know if you Then we went to South Korea be- all the Members who were still there, knew that or not, TED. But that was cause you have to go to South Korea if because you didn’t leave in regards to the label. you are going to go to North Korea. the Stevens entourage and whatever So under this great, gruff facade— That is just required. Then we went performance he decided that we should i.e., the mad penguin—there is a com- into North Korea. Darnedest experi- see, so consequently, I was having a passionate, caring, wise and, yes, a ence I have ever had in my life. It was hard time keeping my eyelids open. man with a very good sense of humor a situation where that is a theocracy. I looked over at him and his eyes which I enjoyed immensely. It is a robotic theocracy. If there is a were closed. I thought, the great man When you come to this body and you trudging contest in the Olympics, the has his eyes closed. Everybody else is come to public service, you know that North Koreans will win without any asleep. So I will get up, the scribe of you risk your ideas, your thoughts, question. It was the first delegation al- the CODEL, and look around and gent- your hopes, and your dreams before the lowed into North Korea. Senator ly turn off the television and then I can crowd. Sometimes the crowd says yes, INOUYE and Senator STEVENS met with gently wake him up and say: ‘‘Ted, it is and you have friends who will stand be- the North Koreans. It was Senator pretty late, 1 o’clock. We all ought to hind you when you are taking the COCHRAN who insisted on going to a go to bed.’’ bows. Then when something happens in farm. I say that with a smile. We did As I reached for the button to turn your life, when it is most unfortu- that. I will just say from an agricul- off the power, he said: ‘‘This next part nate—and my family has experienced tural standpoint, it was just a field is the best part.’’ He wasn’t watching this as well—you wonder where your with nothing there except a 1938 Case it; he was listening because he had seen friends are who will stand beside you tractor with a camouflage net over it. it about three times. Well, needless to when you are taking the boos as op- That sort of tells you where they are: say, we saw episode 6 in its entirety. posed to the bows. not a Third World country but, as I Thank the Lord, we didn’t go into epi- I want to tell you that being the said, a theocracy. But back to the sode 7. We would have been there all Alaskan of the Century and the Alas- story. It was about 11 or 12 midnight. night. kan or the Senator who has done so This was a very unusual trip. We left Let me just say, I was present for the much for the country and my State of everything on the plane, and we stayed ceremonies in Alaska when TED was Kansas, I stand next to you, TED, and at an alleged VIP headquarters. There named the Alaskan of the Century. as many have said: You are a dear wasn’t any heat. I won’t go into all How can a sitting Senator or a sitting friend. I love you. God bless. that. Member of Congress or anybody get The PRESIDING OFFICER (Mr. At any rate, this discussion had gone citizen approval or approval from his TESTER). The Senator from Texas. on and on and on, and there was an in- State or accolades from his State at Mrs. HUTCHISON. Mr. President, I so terpreter with the two people with that particular time. But he was Alas- appreciate hearing the many stories whom we were meeting. We had hoped kan of the Century. His name was ev- that TED STEVENS has generated in this to meet with Kim Jong-il. That was erywhere. I told him the Anchorage body. He has been a friend to everyone not possible. So he sent two of his pup- Daily News should have been the ‘‘Ted who has served all of the time with pets down there to meet with us. They Stevens News.’’ him. People say: TED took care of Alas- were just going back and forth with But I had the unique privilege of ka. TED did take care of Alaska. But propaganda and we were serious. We roasting this man, which I enjoyed from my standpoint, what I saw is that had permission from the Treasury to thoroughly, and then got pretty serious TED made sure that every State was waive certain requirements so we could toward the end. At any rate, he flew in taken care of, that every Senator’s pri- arrange for a third party grain sale to on a World War II plane. He had his orities were met, if at all possible. He

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.027 S20NOPT1 jbell on PROD1PC69 with SENATE S10694 CONGRESSIONAL RECORD — SENATE November 20, 2008 took care of the military. He took care I will say two things in conclusion December 2, 2008, the new Capitol Vis- of upgrading the military bases be- about TED STEVENS. His country has itor Center will be dedicated and that cause, of course, he served in the mili- never called that he has not answered Statue of Freedom will be placed be- tary. And he wanted more than any- the call—from the military, to being in tween the two escalators that will lead thing for our military people to have the Eisenhower administration, to to the Capitol. For me and for TED STE- the quality of life they deserved. So I fighting for Alaska to be a State, and VENS, this symbolizes that freedom is see him as someone who has been what then fighting to make Alaska a great returning to the Capitol of the United people say is so rare in this city, and State. It is a great State. States. And on December 2, 2008, the that is a true friend. It would not be the State it is with- Center will be open and the Statue of It has been mentioned a couple of out your leadership, TED. Freedom will be an eminent part of the times that he has a gruff exterior. But I want to say the most important Visitor Center. When I see pictures of him in the news- thing I think you could say about any- I thank TED STEVENS for all the help paper and he is looking like this, it is one you know; that is, those who know that he has given us in Hawaii and not the TED STEVENS we know. It is not him best love him most. other States. He has brought strength the person who has endeared himself to Thank you. and passion to the Senate and has been our colleagues for years and years and The PRESIDING OFFICER. The Sen- a constant presence in this institution. years in the Senate. That is his man- ator from Washington. And for Millie and me, TED, I want to ner, but I always said behind his back: say aloha, and a warm aloha and He is all bark and no bite. He is the f mahalo nui loa to you for all the most loyal friend and the person you EXTENSION OF MORNING friendship that we have had and con- could go to when you needed advice, as BUSINESS tinue to have. I want to say God bless I know his great colleague from Alas- you and Catherine and your family in Mrs. MURRAY. Mr. President, I ask ka, Senator MURKOWSKI, has done the years ahead. many times, as have I, but also when unanimous consent that the time for Mahalo. you needed help. morning business be extended until 2 The PRESIDING OFFICER. The Sen- I, too, have traveled with TED STE- p.m., with Senators permitted to speak ator from Minnesota. VENS and DANNY INOUYE because I was for up to 10 minutes each. Mr. COLEMAN. Mr. President, I fortunate enough, with TED’s help, to The PRESIDING OFFICER. Without think the length of my service is a get on the Defense Appropriations objection, it is so ordered. blink of the eye compared to those who Committee. So we went to the garden The Senator from Hawaii. have spoken before. And as I stand spots of the world such as Bosnia, when f here, I cannot tell you whether it is the Serbs had been shooting from the going to be two blinks. hills, and when we went undercover TRIBUTE TO SENATORS But I was on the CODEL with the with flight jackets, undercover of de- TED STEVENS Senator from Washington. We were in livering 2,000 pounds of peas to the Mr. AKAKA. Mr. President, I rise to China with Senator STEVENS, and I many refugees who were in Bosnia at pay honor to Senator TED STEVENS of would like to offer some insight, if I the time. We came into the Sarajevo Alaska. While our country may not re- can, as to the question raised by my airport with our helmets on and our alize this, TED has been a great advo- colleague from Kansas as to what flight jackets. Of course, it was a war- cate on a number of important issues makes TED STEVENS tick. When we were in China, Senator STE- torn city. We saw later, when we went for our country. Reminding our coun- VENS was treated as a hero. And he is a there, the former Olympic fields that try of its responsibility to its indige- hero because of his service in World were burial grounds because they had nous people has been one of the major War II. He flew under General Chen- no place else to put the people who had causes that TED STEVENS has pursued nault and went over, I think it was, the died in these terrible, tragic cir- and advanced. It has been a delight to China-India-Burma bump. He landed in cumstances in Bosnia. work with him to expand opportunities places in China to refurbish supplies, I went with TED STEVENS and DANNY and help our indigenous peoples of the ammunition, I think, bring in intel- INOUYE to Saudi Arabia where I was noncontiguous States of Alaska and told later that it was actually discour- ligence sources, as described to me, Hawaii, as well as those across the aged that a woman would be in a dele- where landing fields were cut out. country. gation. But TED STEVENS said: No way There may have been a foot on one side We have worked well together to im- was there ever going to be discrimina- and a foot on the other side, and this prove the lives of Federal employees. tion against a Senator. I was a part of young guy was flying in there because We tried hard this Congress to enact that delegation. I went to our airbase he loved his country. meaningful reforms on telework oppor- there. I went and met with everyone we When we talk about TED STEVENS tunities in the Federal Government met with as a delegation. I spoke in my and his service to our country—so and, most importantly, to provide re- turn, just as every member of our dele- many talk about 40 years in the Sen- tirement equity to Federal employees gation did, because TED STEVENS was ate—as I reflected on who that young always going to stand up for the right in Alaska, Hawaii, and the territories guy was, flying in there with absolute of every Senator to be a part of a for- by extending locality pay to those fearlessness, with courage, with love of eign delegation. areas. Your leadership on those issues country, he is the same guy. He is the I went to the farm bureau air show was invaluable to our efforts to move same guy. That is what he has given to with TED STEVENS. There is nothing the bills forward. Thank you for your this country his entire adult life, and it more joyous than TED STEVENS when efforts to expand opportunities for Fed- has been given in great service to this he is in an air museum or at an air eral employees. country. I think that is pretty special. show. He is an aviator to his core. He Also, I want to mention something He has the veneer of a tough guy. asked all the questions. He knew most that is probably an unknown part of And TED STEVENS can be tough. There of the answers already because he history, and that is a number of years is no question about that. But those of knows airplanes and he knows avia- ago I discovered that since 1965 the us who know him also see the love, the tion. model of the Statue of Freedom was in love that is in his heart, reflected in I know what this man has been storage at the Smithsonian. I worked love of country, but love of family, love through for the last few months. I to try to bring that statute here to the for his magnificent wife, love for his know the toll it takes on himself and Capitol, and I was having a hard time daughter. You see the gleam in his eye his family. with that until TED STEVENS joined anytime he talks about her or she is in I am proud to stand with TED STE- me. With his help we were able to move his presence. We see the love he has for VENS because I value his friendship and that statue from storage in the Smith- this body, the love he has for his col- all he has done for me in my term in sonian to the Capitol. leagues, even, by the way, for those the Senate and what he has done for It was, as you may now know, the with whom he disagrees. I have not Texas every time I have needed for model which was erected in the Russell been on the side of ANWR with my col- Texas to be taken care of. rotunda. I am pleased to say that on league from Alaska. But if you simply

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.029 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10695 tell him where you are and you give And the cab driver said, ‘‘Do you onstrate daily. Sure, we all look out your word and live by that, he is al- know Uncle Ted?’’ for our State; he does it better than ev- ways there with you. I said, ‘‘Well, yes, I do. I work for eryone. Sure, we look out for the Senator SMITH is not with us today, him in the Senate.’’ United States of America as a whole— but few of us will ever forget when he He said ‘‘You do?’’ and he has done it better than any- stood on the floor of this Senate after I said ‘‘Sure do.’’ one—but for family values or love of the tragic death of his son and re- He said, ‘‘Give him my best when you family, for love of fellow citizens and flected upon the support of his col- get back to Washington because, as an fellow Senators, this man is a shining leagues and took special note of the Alaskan, I know of no other person who example of what a Senator should be. I fact that he was not with TED STEVENS has done more for my State than Uncle will hold his friendship dear until we on the most important issue to TED at Ted.’’ both die. I thank him for his service. that time: ANWR. Yet when Senator Well, TED STEVENS now knows why I The PRESIDING OFFICER. The Sen- SMITH suffered tragedy in his life, who call him Uncle TED more often than ator from Mississippi. was the first person to step up to try to not. I view that as a much more affec- Mr. WICKER. Mr. President, this is provide support, to try to ensure that tionate term than Senator STEVENS be- not my desk. I choose to speak from cause get there? It was Senator STE- cause, as I was flying out of that great this place because the vantage point is VENS. State and headed down the coast, look- better, because I will also have some- That is the person we know. He has ing off to my left at those phenomenal thing to say about the delightful wife given his entire adult life to service to mountains and expanses of wilderness of Senator TED STEVENS. I am the jun- this Nation—extraordinary service to and public lands and resources, I ior-most Member of this body. I am this Nation—and he has done it with thought: If any one person deserves the here today with the junior Senator fearlessness, courage, love, and com- credit for taking this phenomenal re- from Alaska and two of the longest mitment, as with everything he did as gion of our world and providing reason- serving Members of the Senate. It is al- a young man. He has never lost any of able points of life for so many of its most presumptuous for me to even rise those qualities, and we see them today. citizens, it is Uncle TED STEVENS. to speak at this occasion, but I do so This Nation has been blessed by his Uncle TED, I am going to miss you. because as the least ranking Member of service, and many of us have been This Senate will miss you. Your State the Senate, I wish to express my pro- blessed by his friendship, and we wish will miss you. And America will miss found respect for Senator TED STE- him our very best. you. VENS. Mr. President, I yield the floor. Thank you for your service. The previous speaker, my friend from The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Kentucky, said one way to get to know ator from Idaho. ator from Kentucky. Members such as TED STEVENS is to go Mr. CRAIG. Mr. President, I come to Mr. BUNNING. Mr. President, I have to a conference with them. As a Mem- the floor this afternoon with tremen- had the good fortune of coming to the ber of the House of Representatives, I dously mixed emotions to visit with all Congress in 1987 as a Member of the had occasion to go to conferences spon- of you and with our country about Sen- House of Representatives. Therefore, I sored by the Aspen Institute where we ator TED STEVENS of Alaska. did not get to mingle and get to know would discuss matters of importance to Many have said much about this TED STEVENS really well—just in con- our Nation and to the world. It was at great man. I will not say a great deal, ferences. If you want to get through to a conference in Istanbul on the subject but I will try to express it in an emo- the other side of TED STEVENS—not the of political Islam that I learned about tional way for a fellow I have known of one we have heard about so much on the keen intellect of Senator TED STE- for 28 years and have known personally the floor today—go to a conference VENS, and also the fact that a partici- for 18 years. with TED STEVENS, and he will defend pant in that conference could be less So let me visit for a moment as a his issues and his particular beliefs in than half Senator STEVENS’ age, but he westerner, as somebody from a public that conference as good as anyone I was willing to engage with you, to lis- lands State, where the Federal Govern- know of these 100 people who are in the ten to you, to have the give and take ment is, in many instances, dominant Senate. you can have in small group sessions over the lives of small communities But then, in 1998, I had the good for- such as that. I appreciate the oppor- and citizens in a way that most of you tune of being elected to the Senate. tunity I had as a Member then of the from nonpublic lands States wouldn’t When you come to the Senate for the House of Representatives in having ever appreciate. I know that passion. I, first time, and you have had an en- that sort of interaction with this great every day of my life, in working with counter with TED STEVENS in any man- man. TED STEVENS, sensed that passion in a ner, it is kind of like: Oh, my God, is he There has been expression today way that if you are not from a public really that tough to deal with all the about the seemingly gruff exterior or lands State, if you do not have an time or is that a facade we see? facade of the man we speak of today. I agency or a bureaucrat dictating to Well, I have gotten to know, over the will tell my colleagues who he is gruff you about the lives of your citizens and last 10 years, the true TED STEVENS. If about. He is not too happy about peo- your people, you would simply never you want someone who represents ple such as Islamic jihadists, about the understand. America representing you in the Sen- opponents of freedom around the world. But TED grasped that early on and ate, it is TED STEVENS—not only for his He is a little gruff about anyone without question has been the cham- State, for the defense of our country, around the globe who would wish our pion of his State and their citizens in a for the principles of the United States country ill, and he makes no bones way that no other Senator has been. I on which we stand, our Founders em- about that. have so tremendously respected that. bedded in TED STEVENS’ mind, but for I wish to commend Senator STEVENS I have been in and out of Alaska sev- all the other things this country stands and to express my admiration to him eral times in my tenure as a Senator or for: the goodness of its people, giving for the good judgment and good fortune as a Congressman. I will close with an to others, allowing them to get to he has had in having as a spouse some- expression given to me by a cab driver know you to the point of changing that one such as Catherine Stevens. in Anchorage that says more to me gruff outside into pure love. I have I mention two very small stories that about this man than anything I could found TED STEVENS to be the most I think tell a lot about both Senator possibly say myself. straightforward, honest Senator I have STEVENS and Catherine. We were at I was en route from downtown An- ever dealt with. He has given me, just this conference and my wife was not chorage, TED, to the TED STEVENS by association for the last 10 years, the able to accompany me. According to International Airport. We rounded the basis on which I serve here in the Sen- the rules, I was able to bring my col- curve and pulled up. As I exited the ate. He has given me the example. He lege-age daughter Caroline. It hap- cab, I looked up, and there was your has given me the principles and the pened that she needed to take an ear- name. I said: Oh, my, TED’s got an air- things that each and every one of us lier flight to get back and I would stay port. That is neat. here on the Senate floor should dem- with the conference for another day. I

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.032 S20NOPT1 jbell on PROD1PC69 with SENATE S10696 CONGRESSIONAL RECORD — SENATE November 20, 2008 found out later what happened. She their mind and are in their heart about their experiences, and to speak of the said: Daddy, Mrs. Stevens gave me the impact TED STEVENS has had on good works of Senator STEVENS. I some money before I left. It happened the work of this Senate and on indi- would encourage them to come to the this way: Mrs. Stevens asked Caroline vidual Senators and their careers. floor or to certainly submit their writ- how much money she had to make it I am one of those who had the privi- ten comments for the RECORD so that through the various airports and Caro- lege of being by his side as a member of Senator STEVENS can have the full op- line told her and, as usual, her cheap- the Appropriations Committee. After 2 portunity of those, and I ask unani- skate dad had shortchanged her. Mrs. years in the Senate, I was able to get mous consent for that. Stevens said, That is not enough on that committee and moved up pret- The PRESIDING OFFICER. Without money, and she pulled out a couple of ty quickly, because of the retirements objection, it is so ordered. hundred dollar bills to make sure Caro- of other Senators, to sit by his side and Mr. ISAKSON. Mr. President, are we line got through the airport system to benefit from his example. I am in a quorum call? safely. Here was the wife of the Presi- grateful to have had that opportunity, The PRESIDING OFFICER. We are dent pro tempore of the Senate being and I thank him for his generosity, for not. kind and being careful that a college- his time and his efforts to help assure Mr. ISAKSON. I ask unanimous con- age girl was well taken care of. I paid that I was assisted. I tried to be helpful sent to be recognized to pay a brief the money back, I wish to assure my to not only my State but to programs tribute to our dear friend, the senior colleagues, but I don’t know that I will and activities within the Department Senator from Alaska, Senator STE- ever be able to pay back the friendship. of Defense that I had strong feelings VENS. I have only been in the Senate some about and thought were very vital to The PRESIDING OFFICER. Without 10 months. Early on I offered an our national security interests. Missile objection, it is so ordered. amendment which was important to defense comes to mind as one of those Mr. ISAKSON. Mr. President, I wish my State and my region. It was obvi- issues that we dealt with in a way that to say that when I was elected 4 years ous that the amendment did not have led our country to move forward quick- ago, a gentleman by the name of Mack the support of a majority. It was going ly. Senator INOUYE was very much a Mattingly called me on the telephone, to go down and go down in flames, as it part of that as well. I think their expe- a former Senator from 1981 to 1986, and did. I was down close to the front and rience and the way they worked to- he said, ‘‘Johnny, when you get to had already abandoned all hope for the gether served as an example to the rest Washington and you get to the Senate, amendment passing. I am sure TED of us as to how working through the you go meet TED STEVENS. TED STE- does not even remember this, but he committee system of the Senate bene- VENS is the best friend you will ever walked by the desk there and cast an fits our country and how it is impor- have.’’ aye vote for the Wicker amendment. tant to this institution that traditions I stand here today, 4 years later, tell- He was one of the few people to do so. be respected and observed. It is not just ing you he was exactly right. There is Someone was taking Senator STEVENS for procedural standpoint benefits, but not a person in this Chamber you have to task for voting yes. He did not know it truly does improve the quality of the not been willing to help. There is not I was listening, but I heard him say, ‘‘I work and the importance of the influ- an Alaskan you have not helped. You did it to help Wicker.’’ I am sure that ence of the Senate in our government are a steadfast friend, and you are as was the only reason he cast that vote. today. tough as nails. I wish to tell you how I can tell my colleagues I appreciated So I can’t say enough in terms of much I appreciate, from the bottom of that act of kindness, just as I appre- praise and expression of appreciation, my heart, what you have done to help ciated Catherine Stevens’ act of kind- except that we are going to miss the me and the citizens of Georgia. Your ness toward my daughter. benefit and the example of TED STE- work on Commerce, your work on Ap- Henry Wadsworth Longfellow said: VENS here in this Senate. There is no propriations, your work on Armed Lives of great men all remind us we can way around that. We are suffering a Forces, and your work on the military, make our lives sublime, and departing, leave loss by his departure from the Senate. all of it is important to Georgia. You behind us footprints on the sands of time. We wish him well. We know he is going have been a champion all along. You Now, the junior Senator from Alaska to be around and we look forward to are a true hero. did a wonderful job of outlining the continuing the friendship and the op- The tributes today are well deserved many footprints our friend TED STE- portunities to get advice. He may vol- to a great man, a great Alaskan, and a VENS has left for both the United unteer some advice that he thinks we great Senator. God bless you. States of America and the people spe- might need, and I hope he will. I invite I yield the floor. cifically of his beloved State of Alaska. him to. We will continue to benefit Mr. ALLARD. Mr. President, I want- The people of Alaska will long live bet- from his service and the things he has ed to take a moment to say how much ter, Alaskans yet unborn will live bet- done in his great career to help this in- I have appreciated the friendship of ter because of the efforts of TED STE- stitution and our great country. TED STEVENS. He and his wife are a VENS. Americans today and Americans It is a sad day for me but one that I wonderful team. yet unborn will be safer and live freer know he appreciates very much in Since I was elected a short—to him— because of the service and the leader- terms of the people who have spoken 12 years ago, it has been truly enjoy- ship of TED STEVENS. I am honored and the things that have been said able to work with TED on the numerous down to my bones to be able to stand about him. These are words of praise western issues before this body. Often, on the floor of the Senate today and that are very well earned. those issues correspond to Alaska pay tribute to this great man. Mr. INOUYE. Mr. President, I suggest issues, working for a strong military, The PRESIDING OFFICER. The Sen- the absence of a quorum. missile defense, sound land manage- ator from Mississippi is recognized. The PRESIDING OFFICER. The ment practices, energy development. Mr. COCHRAN. Mr. President, I am clerk will call the roll. He has been very helpful to Colorado. pleased to have been here to hear most The assistant legislative clerk pro- I have particularly admired his work of the comments and remarks of our ceeded to call the roll. for our Nation’s military. TED and I colleagues about the distinguished ca- Ms. MURKOWSKI. Mr. President, I worked together, and worked hard, on reer of the Senator from Alaska, TED ask unanimous consent that the order missile defense. He was an appropri- STEVENS. I haven’t had a better friend for the quorum call be rescinded. ator, I was an authorizer. I should also in the Senate than TED STEVENS and The PRESIDING OFFICER. Without say, he was a titan of the Senate, I was his example and his friendship have objection, it is so ordered. a freshman Senator. So the workload been very vital to my service in the Ms. MURKOWSKI. Mr. President, was a little unfair, in my favor. But Senate, and the people of my State there have been some beautiful trib- we, along with many others, got the have benefited from the relationship I utes made to my colleague, the senior missile defense established. I am de- have had. So I am glad to have this op- Senator from Alaska today, and I am lighted that after such a rocky fight portunity here today, when so many certain that others will be coming to the system is now a cornerstone of not are saying the things that come to the floor to speak of their relationship, only our national defense, but of our

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.033 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10697 NATO relationship as well. European age has been done to the credibility of the District of Columbia. When Ron- militaries understand the value of and effectiveness of the Justice Depart- ald Reagan nominated him to be a what we can do, and what protections ment. judge, he was easily confirmed, and he we can afford them. TED saw this, he I have known Eric Holder for years. served in that position for 5 years. He knew what the results would be, and he If he is President-elect Obama’s selec- left the bench—becoming, incidentally shouldered the burden, fought the tion to be the next Attorney General, again, the first African American U.S. fight, and dragged the system into re- he will bring the kind of leadership, attorney for the District of Columbia. ality. temperament, experience, and judg- That is the largest U.S. Attorney’s Of- I have had the pleasure of helping ment we need to restore the rule of law fice in the country. While in that post, TED raise money for his conservation and rebuild the reputation of the De- he oversaw prosecution of a powerful efforts on the World Famous Kenai partment of Justice so it is worthy of Democratic Congressman. River. I have been fortunate enough to its name. Four years later he was nominated to join him on the river. I had the even In October, before the results of the the important post of Deputy Attorney greater fortune to win his annual tour- current election were known, I wrote General. I worked with the then-chair- nament a couple times. Some rivers are with Senator SPECTER about the kind man of the Senate Judiciary Com- just lucky for some fisherman, and of person who should be appointed the mittee, Senator Orrin Hatch to report while I might wish my lucky river is a next Attorney General of the United his nomination favorably to the Sen- little closer to home than Kenai, AK, States. Eric H. Holder, Jr., surely fits ate. I was disturbed that an anonymous being lucky on a river famous for its the bill. The next Attorney General has Republican hold delayed consideration prize salmon is not so bad. And what he to understand our moral and legal obli- of his nomination for 3 weeks. But is doing for that river, his conservation gations to protect the fundamental when that hold was lifted and we had a efforts, is remarkable. I have noticed a rights of all Americans. The Attorney vote—open, in the daylight—all 100 difference between my first visit and General must ensure that the Depart- Senators voted to confirm Eric Holder my last. ment of Justice is working to uphold to be the Deputy Attorney General of My wife Joan and I wish TED and his the Constitution and the rule of law, the United States. He became the first wife Catherine the best. God Bless. not working to circumvent them in African American in the history of the f order to promote the President’s polit- Department to achieve that high posi- ical agenda. tion and later served briefly as the Act- NOMINATION OF ERIC HOLDER We need an Attorney General who re- ing Attorney General. Mr. LEAHY. Mr. President, I want to alizes that no one is above the law. The But, notwithstanding my friendship speak about some of the things we have Attorney General is not above the law with Mr. Holder, notwithstanding my seen recently in the press about the and no Member of this body, but espe- friendship with the President-elect, President-elect nominating Eric H. cially the President of the United should he be nominated, Mr. Holder Holder, Jr. to be Attorney General. States, is above the law. should be voted for or against on his Eric Holder would make an out- I know Mr. Holder appreciates and merits. His race will be a historic foot- standing and historic nominee if Presi- respects the work and commitment of note, but that is not what should make dent-elect Obama were to choose to the thousands of men and women who the difference. nominate him. Mr. Holder would be the work at the Justice Department in Whoever is nominated to the position first African American to be nominated their dedication to enforcing the law of the chief law enforcement officer of and confirmed to serve as Attorney and promoting justice. They know him this country should be considered on General, the highest ranking law en- from his days at the Public Integrity his or her merits. And what wonderful forcement officer in the country. But Section, from his time as a U.S. Attor- merits he has. He has prosecuted high- far more important than that, he ney for the District of Columbia, from level public officials and organized would be as qualified a person as could his years as the Deputy Attorney Gen- crime; developed comprehensive pro- be found in either party in this coun- eral, the second highest ranking offi- grams to combat domestic violence, try. cial in the Department. I think this child abuse, violent crime; revitalized Over the last 8 years, political ma- choice would be welcomed by career programs to assist crime victims. He nipulation and influence from partisan professionals and prosecutors at the has helped guide the Department’s ef- political operatives in the White House Department of Justice. He can do a forts in the criminal prosecution of have undercut the Department of Jus- great deal to restore morale as well as corporations, health care fraud, com- tice and its mission, severely under- the rule of law. puter crimes, software piracy, helped mined the morale of its career profes- His career has been one of ‘‘firsts’’. It develop a community prosecution sionals, and shaken public confidence would be fitting for him to become the model. He has served in nearly every in our Federal justice system. We need first African American nominated and level of the Department of Justice he the new Attorney General to be a per- confirmed to serve as the Attorney would lead. That is what makes him son not only of integrity and experi- General of the United States. qualified. ence, but also somebody who can in- Shortly after his graduation from Co- We need an Attorney General, as spire the thousands of hard-working lombia Law School, he joined the De- Robert H. Jackson said 68 years ago prosecutors, agents and employees who partment of Justice as part of the At- about the Federal prosecutor, ‘‘who do their best every day to enforce the torney General’s honors program. He serves the law, not factional purposes, law and promote justice without regard was assigned to the newly formed Pub- and who approaches his task with hu- to partisan politics. We need an Attor- lic Integrity Section in 1976. He worked mility.’’ That is the kind of prosecutor ney General in the mode of Robert H. there for 12 years investigating and Eric Holder always was, and that is the Jackson, and Eric Holder fits that prosecuting corruption. While at the kind of Attorney General he would be. mold. Public Integrity Section, Mr. Holder This is very personal to me. I con- Investigations by the Judiciary Com- participated in a number of prosecu- sider the 8 years I spent as a prosecutor mittees of the Senate and House and by tions and appeals involving such de- in Vermont after returning from law the Department of Justice’s own in- fendants as the State treasurer of Flor- school one of the best opportunities I spector general have substantiated ida, a former Ambassador to the Do- ever had to serve the public. some of our worst fears. As you go minican Republic, a local judge in I came close to serving in that area around the courts in this country, we Philadelphia, and assistant U.S. attor- in the Federal Government. The then- now see a corrosive situation in which ney in New York City, an FBI agent, Attorney General had invited me in to defendants routinely question whether and a capo in an organized crime fam- talk and to encourage me to come to Federal prosecutions are politically ily. the Department of Justice. He had re- motivated; not whether the law was After a dozen years as a prosecutor, viewed my grades, he had reviewed broken but whether political consider- one of the best there was, President where I was in the Georgetown Law ations determined whether the pros- Ronald Reagan nominated him to be an Center, and he talked to me about com- ecution would be brought. Great dam- associate judge on the Superior Court ing in to the Department. I said to

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.001 S20NOPT1 jbell on PROD1PC69 with SENATE S10698 CONGRESSIONAL RECORD — SENATE November 20, 2008 him, ‘‘Mr. Attorney General, tell me TRIBUTE TO SENATORS He also has one other resource which again how the Department of Justice JOHN SUNUNU is very special and that is his wife and works. Are you free of political influ- Mr. GREGG. Mr. President, a large family. Kitty is an exceptional indi- ence from the White House?’’ I remem- number of very special and extraor- vidual. Kathy and I have come to enjoy ber him saying, and I can see his eyes dinary individuals will be leaving the not only working with JOHN and Kitty today as he looked me straight in the Senate at the end of this session, many but getting to know them as friends, as eye and said, ‘‘I have told the President friends and many people I have ad- fellow travelers. Kathy has been that neither he nor anyone from the mired for a number of years and had through many years being a political White House can interfere with pros- the privilege to serve with. I wished to wife, and she has put up with a lot of ecutions. We will make those deter- speak specifically to one, and that is ups and downs. She and Kitty naturally minations here in the Department of my colleague from New Hampshire, bonded, as they understood the impor- Justice based on the facts and the JOHN SUNUNU. tance of what we do. Kitty is an indi- law.’’ I remember even at that time I JOHN is the youngest Member of the vidual who brings a smile whenever thought if I was ever a prosecutor, that Senate. He came here as the youngest you see her because she is a person is the kind of prosecutor I would want Member, and he is still the youngest filled with good will to everyone. Their to be. And this Attorney General whom Member after 6 years, but he is one of children, Grace and Charlie, John I talked with did exactly that. When a the most accomplished and capable Hayes, great kids, very enthusiastic person who was key to the election of people in the Senate, one of the bright- people, a wonderful family. That fam- the President of the United States had est, as we all know, and also one of the ily is a tremendous support to JOHN, committed a crime, this Attorney Gen- people who brings the most common and he is a tremendous support to eral prosecuted that person. This was sense to issues. Time and time again, I them. That unit, as it moves forward, particularly significant because that would come to the floor, and this was will always be successful. Attorney General was Robert F. Ken- throughout his term but especially It is obviously with great regret that nedy. The President of the United during the last few months when he I look on JOHN’s leaving the Senate. States was his brother, John F. Ken- was in a very challenging election, and His talent will be lost here, and it will nedy. But he said: We will protect the there would be votes being cast that be a loss to the body. He is a special in- integrity of the Department of Justice. were very difficult political votes, dividual who had a special group of skills that uniquely worked for the I want to see that again. I had that in votes which, when you cast these votes, most people knew they were not benefit of New Hampshire and the peo- my mind when I was a prosecutor. I be- ple of New Hampshire. I hope he will lieve strongly that we need to enforce going to be understood and, in many instances, they were going to be mis- stay engaged. the law with neither fear nor favor interpreted or subject to misrepresen- Kathy and I wish him and Kitty and when. There is no question in my mind tation but votes which were necessary their children the best of luck as they that Eric Holder would do that. to cast in order to preserve especially go forward and that the road always I think of the thousands of men and the fiscal responsibility of this Govern- rises to meet them. women who work for the Department ment. JOHN SUNUNU never backed away I yield the floor and suggest the ab- of Justice, some of the finest people from any of those votes. He always cast sence of a quorum. you will ever see anywhere, many I the difficult vote, knowing in many in- The PRESIDING OFFICER. The have known for decades. For most of stances that politically it was going to clerk will call the roll. them, I have no idea what their polit- be characterized in a way which might The legislative clerk proceeded to ical allegiances are, whether they are hurt him; votes, the basic purpose of call the roll. Mr. HARKIN. Mr. President, I ask Republicans or Democrats or Independ- which, in most instances, were to pro- unanimous consent that the order for ents. But I know one thing about every tect the taxpayer, keep the size of Gov- the quorum call be rescinded. single one of them: they are the best of ernment under control, and be a force The PRESIDING OFFICER. Without the best. They deserve, as an Attorney for a better country and for more indi- objection, it is so ordered. General, the best of the best. vidual rights. He understands as well f I commend President-elect Obama as anyone in this body the basic values for considering Eric Holder for this po- of making Government live within its EXTENSION OF MORNING sition. He is a public servant who has means, of having a government which BUSINESS broad support within the law enforce- people can afford but is still compas- Mr. HARKIN. Mr. President, I ask ment community and on both sides of sionate and accomplishes the goals of unanimous consent that the period for the aisle. I was pleased to see that the delivering adequate services. He has morning business be extended to 3 p.m., initial reactions of Senator HATCH, worked very hard in order to pursue with Senators permitted to speak for Senator SESSIONS, and Senator those goals. up to 10 minutes each. COBURN—all Republican members of He also brought to the body a unique The PRESIDING OFFICER. Without the Senate Judiciary Committee—and sense of humor, New Hampshire humor, objection, it is so ordered. many others, were to acknowledge his quiet, witty, and comfortable with f himself but also willing to make fun of public service, his integrity, and good HEALTH CARE REFORM qualities. Mr. Holder should have the himself, and an essential common support of Senators from both sides of sense, which I like to think is char- Mr. HARKIN. Mr. President, we do the aisle if the President-elect chooses acteristic of New Hampshire, and also not intend to wait until the new Con- to nominate him. I can assure you if he an integrity, a commitment to public gress convenes in January to begin is nominated that the Senate Judiciary service for the purposes of public serv- work on health care reform legislation. Committee will hold prompt and fair ice—the fact that he was here not to The fact is, health care reform was one nomination hearings. benefit himself in any way but simply of the signature changes promised by to do what he felt was right in order to President-elect Barack Obama during I yield the floor and suggest the ab- make our Nation better and make New the campaign. This legislation is too sence of a quorum. Hampshire better. He served New important and too urgent to put off The PRESIDING OFFICER (Mr. Hampshire for 12 years, both in Con- until tomorrow, to wait until the new SALAZAR.) The clerk will call the roll. gress and in the Senate. President and the new Congress are The legislative clerk proceeded to As I mentioned, he is the youngest sworn in. call the roll. Member of the Senate and his service is I applaud both Senator BAUCUS, Chair hardly completed, I hope. His opportu- of the Finance Committee, and Senator Mr. GREGG. I ask unanimous con- nities are virtually limitless because KENNEDY, Chair of the Health, Edu- sent that the order for the quorum call his abilities are limitless. He has talent cation, Labor, and Pensions Com- be rescinded. and capability, intelligence, drive, the mittee, for plunging right into the am- The PRESIDING OFFICER. Without personality to pretty much do what- bitious and historic task of creating a objection, it is so ordered. ever he wants as he moves forward. comprehensive health care reform bill.

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.036 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10699 Last week, Senator BAUCUS came for- cently. We are now seeing young Amer- onset of type 2 diabetes and childhood ward with a 98-page white paper setting icans, as young as age 25, getting heart obesity. We have to get a grip on this. broad parameters for prospective legis- bypass surgery because of clogged arte- We can’t continue to do the things lation. Earlier this week, Senator KEN- ries. So again, it is almost as though with our school lunch and school NEDY brought together members of the we have lost our capacity to be breakfast programs as we have been Health, Education, Labor, and Pen- shocked when we hear these statistics. doing in the past. sions Committee to kick off the long How much evidence do we need that Obviously, another component of process of crafting a bill. America’s approach to health care or, this—it doesn’t fall within our Agri- At that meeting, Senator KENNEDY as I say, sick care is simply not work- culture Committee jurisdiction, I say designated three working groups to ing? to the Presiding Officer, the Senator oversee the principal components of The good news is that President-elect from Colorado—we also have to start the bill. Senator CLINTON was asked to Barack Obama, Senator BAUCUS, Sen- making sure that schools that get any chair the health insurance coverage ator KENNEDY, and other key players sort of Federal funds have exercise pro- working group. Senator MIKULSKI will here in the Senate and in the House grams. Schools are being built in chair the health system quality work- kind of get it when it comes to real America today without a playground, ing group. I will chair the prevention health care reform. It is not enough to without a gym, without any kind of ex- and public health working group. just talk about how to extend insur- ercise equipment for kids. It is non- As I said, the working group I will ance coverage or how to pay the bills, sense. chair will focus on the wellness, disease as important as those things are. That I don’t know about the Senator from prevention, and public health compo- is not enough. If all we are going to do Colorado, but I would wager that when nents of this legislation. Again, this is figure out a better way to pay the he was in grade school, he had to go has been a longstanding focus of mine. bills, we are sunk. We have to start outside and run around for a half an Indeed, in the past, I have already in- keeping people healthier and pre- hour or so a day. In my grade school, troduced comprehensive wellness legis- venting disease in the first place. we had 15 minutes in the morning, 15 lation. Several elements of that bill, Again, I would lay down this marker minutes in the afternoon, and a half and others, have been enacted into law. right now. If we pass a health care re- hour after lunch. One hour a day we Prevention and wellness as a compo- form bill that greatly extends health were out running around, sometimes in nent are absolutely critical to trans- insurance coverage but does nothing to the snow, and it was pretty cold in the forming the way we approach health implement a national prevention and wintertime. We always had exercise. care in the United States. wellness structure and agenda, then we We were always doing something. Of To be honest about it, we don’t have will have failed the American people. It course, we didn’t have Game Boys and a health care system in America; we simply makes no sense to legislate a lot of TV and things such as that at that time. have a sick care system in America. broader access to a health care system My point is that schools—as we at- Well, think about it. If you get sick, that costs too much, delivers too little, tack feeding programs and the vending you get care, either through insurance, largely because it neglects wellness machines and what goes into vending Medicare, Medicaid, community health and prevention. We need to craft a bill machines in schools—again, when the centers, charity—one way or the that mobilizes our society to prevent Senator from Colorado was in school, I other—but that is the most expensive these unnecessary diseases and condi- bet they didn’t have vending machines. way to do things. That is sort of trying tions, including obesity, type 2 diabe- Now we see Pepsi and Coke and candy to patch it up later on. We have spent tes, heart disease, and some forms of bars and all sorts of things in vending untold hundreds of billions of dollars a cancer. It is time to recognize obesity machines. Why should that be so? year on pills, on surgery, hospitaliza- as a disease that needs to be attacked— School is where you go to learn, to be tion, disability, but we spend peanuts— not cured but prevented. healthy, not to get stoked up with junk 3 percent—less than 3 percent of our A robust emphasis on wellness is food and sugar and starches and so- health care money for prevention and about saving lives and saving trips to dium. wellness. the hospital and saving money. It is So I digress a little, but that is an- Again, there are huge untapped op- the only way—the only way—we are other component of it that we have to portunities in this area of wellness and going to get a grip on these sky- be thinking about. It may not be in the prevention. If we think about where we rocketing health care costs. As I said, health care reform bill as such. I in- are right now, we will see that we there are a lot of opportunities here in tend to have it in the health care re- spend a staggering $2 trillion annually terms of cost savings but also in terms form bill as guidance directions for on health care—more than any other of helping people live healthier, other committees that are involved in nation in the world and more than happier, and more productive lives. We other things to be able to start looking most nations put together. Yet the want to be more productive in this at wellness and prevention compo- World Health Organization ranks U.S. country. Not all of this is going to nents. health care 37th among the nations of come under what we think of as the I would go this far: I think we need a the world—37th. We are 20th of 21 in- health care umbrella. Not all will come direction in this health care reform bill dustrialized nations in the quality of under what I would say we think of as to every committee of Congress that health care for children. We are No. medicine and doctors and hospitals and whatever you are working on, you have 20—20 out of 21 industrialized nations— things such as that. A lot of this is to think about how it impacts preven- in terms of the quality of children’s going to be outside of that sort of tion and wellness—does it add to that health care. health care regimen. or does it subtract from that and are If you want evidence of the failure of I think of things such as schools. The there things we ought to be doing in our current sick care system, consider Presiding Officer and I serve on the Ag- this legislation? these facts: Tens of millions of Ameri- riculture Committee in the Senate. Again, I digress a little bit, but take cans suffer from preventable diseases, Next year, we are going to be reauthor- the recent highway reauthorization such as type 2 diabetes, heart disease, izing the child nutrition bill. This is a bill. That was 3 or 4 years ago, and now and, of course, some forms of cancer. In bill that basically sets up the param- we are going to reauthorize it again in tandem with a childhood obesity epi- eters for school lunch, school break- 2010. I offered an amendment which demic now, we have new guidelines fast, school snacks, the WIC Program, didn’t succeed, but I think, over the from the American Academy of Pediat- the Women, Infants and Children Pro- passage of the years, the more I have rics advising that some children as gram. talked to others about it and we have young as 8 years old should be put on It seems to me this ought to be conferred about it, I hope it has a good cholesterol-lowering drugs. That is the thought of also as a part of preventive chance on the next reauthorization American Academy of Pediatrics. We health care. Our kids in school have to bill. It was simply this: any commu- have an epidemic of children with start eating better, more wholesome nity or region or State that uses Fed- adult-onset diabetes—unheard of until foods, less starches, less fats, less sug- eral highway monies, the Federal gaso- just recently. Unheard of until just re- ars, less sodium. I just mentioned the line tax monies for road improvements

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.067 S20NOPT1 jbell on PROD1PC69 with SENATE S10700 CONGRESSIONAL RECORD — SENATE November 20, 2008 and such, if they are building roads, are a lot of things we can do just, as I the wellness and prevention field, in- improving them, or building bridges or say, outside. cluding the Trust for America’s Health, whatever, they have to incorporate in Within health care, there are a lot of the Partnerships for Prevention, the their planning bike paths and walking things too. Students are going to med- Robert Wood Johnson Foundation, the paths along with them. I am not saying ical school today, taking all of these American Diabetes Association, the they have to build those; I am just say- courses on medicine and drugs and American Heart Association, the ing that at least they ought to have pharmacology year after year; very in- American Cancer Society, the YMCA, them in their plans. Again, thinking tensive, very hard studies. I think I the American Medical Association, and about kids going to school, they ought would not be wrong in saying that many others. This was yesterday. It to have sidewalks along their streets most medical school students today, at was an excellent session, with a room going to school so they can walk to most they might have one 3-hour credit full of people who all realize this is the school. Many places don’t have side- course at the end of their study where time for bold thinking and real change. walks and bike paths and walking they take something dealing with pre- In addition, I intend to hold additional paths. vention. It is just not a factor in med- hearings in December. My point is that there are a lot of ical schools. It should be. It should be This working group that Senator things outside of the health care envi- a factor in nursing schools. Any health KENNEDY asked me to chair will reach ronment we normally think of that can care professional, any health care pro- out broadly. We wish to capture the be very helpful for prevention and fession should have that component, best ideas, the best practices. Our goal wellness—workplaces, workplace well- including physicians assistants, nurse is nothing less than to transform ness. There are some companies in this practitioners, and anyone involved in America into a genuine ‘‘wellness soci- country doing a great job with this. the health professions. So that is an- ety.’’ They have set up wellness programs, other part also. To borrow a phrase, that is change nutrition guidance programs, We need to be thinking about how we you can believe in. It is also change antismoking programs for employees, can beef up our public health service in that is long overdue. and in every case I have ever looked at this country. When I was a young kid To date, wellness and prevention going to public school, we had school where you have the incentives and the have been the missing pieces in the na- nurses, and they came around and company really goes to work at this, tional conversation about health care made sure we had our vaccinations and they find some amazing results. They reform. It is time to make them the things such as that, and that we exer- find their absenteeism goes down, they centerpiece of the conversation—not an cised. We don’t do that anymore. We find workers are much more productive asterisk or a footnote but centerpiece have to restructure our public health than they had been in the past, and of our conversation on health care re- service in this country, to think about they find their health care costs going form. how we better utilize the public health As chair of the Prevention and Public down. Now, we need to make this avail- service. Health Working Group, I look forward able to every business in this country— If you go to medical school now, to working with my colleagues on both small businesses, people who employ 10 Medicare is one of the biggest funders sides of the aisle to solicit ideas and people or more. There has to be some- of medical schools now, or if you go input. Promoting wellness and pre- thing including a component of preven- into the military, the military will put venting disease is not about party or tion in the workplace. you through medical school and then So I mentioned schools, workplaces, ideology; it is about pragmatism and you pay it back in 8 to 10 years for common sense. It is about what communities. Communities have to be your medical school training. But what involved. We need to promote commu- works—keeping people healthy and if you wanted to be a public health keeping costs down, making people nity wellness programs. service officer, you wanted to go to The Trust for America’s Health ear- more productive in their daily lives. medical school and maybe take one of We have a big job ahead of us, but I lier this year came out with a study the courses in public health? Well, that they had done on community-based am confident the new President and would apply there too. Why not pay the new Congress can deliver on health wellness programs and the return on their way through college, and then investment. Most times when you talk care reform, and we can do it in the they pay it back for working in the next calendar year. Yes, we can greatly with people about prevention and public health service for a number of wellness, they say: Oh, that is all fine, expand access to the health care sys- years. tem—or as I call it, the ‘‘sick care’’ but you don’t get a payback for 20 or 30 We think about the several hundred years. The Trust for America’s Health system. At the same time, if that is all community health centers we have in we do, we will have failed. We can and did a study State by State and they this country, doing a great job. Why showed that in these cases where the must transform America’s sick care aren’t they a part of the Public Health system into a true health care system, communities had community wellness Service Corps in America, and utilize programs, that actually, in the first one that makes preventing illness and them for prevention and wellness, staying well every bit as important as year—in the first year—there was al- diagnostics? Quite frankly, people most a 2-to-1 return. For every dollar curing the illness later on. should not have to pay a copay or a I yield the floor and suggest the ab- they invested, they got $2 back the cost share to get a colonoscopy, or sence of a quorum. very next year, and it increased every breast cancer screening or a host of The PRESIDING OFFICER. The year after that. So we have to think other things for diagnosis. Annual clerk will call the roll. about how we promote community- physical checkups; there shouldn’t be a The assistant legislative clerk pro- based wellness programs. copay or cost share for that. That is ceeded to call the roll. The elderly. I can’t think of how just keeping people from doing it. Mr. REID. Mr. President, I ask unan- many times I have been to senior citi- When you detect things early and you imous consent that the order for the zens centers, congregate meal sites, can intervene early, that is part of pre- quorum call be rescinded. some independent living centers, and vention also, earlier diagnostics. The PRESIDING OFFICER (Mr. NEL- those types of places where we see so Again, this has to be a big part—I SON of Nebraska). Without objection, it many elderly on drugs. They are on so think the centerpiece—of health care is so ordered. many drugs. They can’t keep track of reform because it is the only way we f the 15 pills they have to take every are going to actually save money. Well, day. Well, there have been some very you may save money in a bigger pool UNANIMOUS-CONSENT good studies done, on the fact that if and better insurance, that type of AGREEMENT—H.R. 6867 you give the elderly better nutrition, thing, yes, but the big bucks we will Mr. REID. Mr. President, I ask unan- better exercise, better social ability, save and will make our people more imous consent that at 3 p.m. today, the you can get them off some of those productive and healthy is to have pre- Senate proceed to vote on the motion drugs—maybe not all of them, but you vention and wellness. to invoke cloture on the motion to pro- can get them off of half of the drugs or Yesterday, I convened a meeting of ceed to H.R. 6867; that if cloture is in- more that they are taking. So there the key groups that have been active in voked on the motion to proceed, then

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.068 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10701 all postcloture time be yielded back E. Benjamin Nelson, John D. Rocke- we enjoy. But this year, American fam- and the motion to proceed be agreed to; feller, IV, Dianne Feinstein, Robert P. ilies gathering around the Thanks- that after the bill is reported, it then Casey, Jr., Patty Murray, Richard Dur- giving table are burdened with serious be read a third time, and the Senate bin, Sheldon Whitehouse, Barbara A. worries: Are we going to lose our Mikulski, Barbara Boxer, Carl Levin, home? Can we afford to retire when our proceed to vote on passage of the bill, Daniel K. Akaka, Mark L. Pryor. without further intervening action or savings have been wiped out? Will we The PRESIDING OFFICER. By unan- debate; that if cloture is not invoked have to choose between sending our imous consent, the mandatory quorum on the motion to proceed, then a mo- children to college and paying our call has been waived. tion to reconsider the failed cloture medical bills? The question is, Is it the sense of the vote be considered as entered, and the One of the greatest hardships mil- Senate that debate on the motion to Senate then proceed to a period of lions of Americans are facing is the proceed to H.R. 6867, an act to provide morning business, with Senators per- loss of their jobs. The current job mar- for additional emergency unemploy- mitted to speak for up to 10 minutes ket is the worst in the past quarter ment compensation, shall be brought each. century. Over 1 million people have to a close? The PRESIDING OFFICER. Is there lost their jobs this year—half a million The yeas and nays are mandatory objection? in September and October alone. Last under the rule. Mr. REID. If the Chair will withhold, week, more workers filed for unem- The clerk will call the roll. ployment benefits than at any time I appreciate very much all Senators’ The assistant legislative clerk called thoughtful consideration of what we since the tragedy of September 11, 2001. the roll. Economists predict the unemployment are trying to accomplish. I especially Mr. DURBIN. I announce that the extend my appreciation to the Repub- rate will continue to climb from its Senator from Delaware (Mr. BIDEN) and current 14-year high of 6.5 percent to lican leader for his stepping out of im- the Senator from Arkansas (Mrs. LIN- portant meetings to take calls from me well over 8 percent in the coming year. COLN) are necessarily absent. Earlier this year, Congress approved and being available to help us work our Mr. KYL. The following Senators are additional unemployment benefits for way through these difficult times. necessarily absent: the Senator from workers. That was an important step, We are all trying to accomplish the Georgia (Mr. CHAMBLISS) and the Sen- but families need additional support. same thing. We have an economy that ator from New Hampshire (Mr. Unemployment benefits have expired is in peril, and we want to make sure SUNUNU). for many workers, and finding a new we do everything we can within reason The PRESIDING OFFICER (Ms. job is far more difficult as the reces- and keeping with our responsibilities KLOBUCHAR). Are there any other Sen- sion deepens. More than 2 million to succeed. ators in the Chamber desiring to vote? Americans have been unable to find The PRESIDING OFFICER. Is there The yeas and nays resulted—yeas 89, work for more than 6 months. If Con- objection? nays 6, as follows: gress fails to extend benefits again this Mr. ALEXANDER. No objection. [Rollcall Vote No. 214 Leg.] year, nearly 1.2 million Americans will The PRESIDING OFFICER. Without YEAS—89 have exhausted their benefits by the objection, it is so ordered. Mr. REID. This will be the last vote Akaka Dorgan Mikulski end of the year. Alexander Durbin Murkowski That’s why this legislation is so es- this week. Allard Ensign Murray sential. It provides 7 additional weeks f Baucus Feingold Nelson (FL) of unemployment assistance to work- Bayh Feinstein Nelson (NE) CONCLUSION OF MORNING Bennett Graham Pryor ers whose benefits have expired, and an BUSINESS Bingaman Grassley Reed additional 13 weeks for jobless workers Bond Gregg Reid in high-unemployment states. This bill The PRESIDING OFFICER. The hour Boxer Hagel Roberts has already passed the House over- of 3 p.m. having arrived, morning busi- Brown Harkin Rockefeller Brownback Hutchison Salazar whelmingly, with strong bipartisan ness is now closed. Bunning Inouye Sanders support. By acting today, we will de- f Burr Isakson Schumer liver immediate aid to many of the Byrd Johnson Sessions UNEMPLOYMENT COMPENSATION Cantwell Kennedy neediest Americans who are unable to EXTENSION ACT OF 2008—MOTION Cardin Kerry Shelby find work. Carper Klobuchar Smith TO PROCEED Snowe Not only does the extension of unem- Casey Kohl ployment benefits provide a lifeline for The PRESIDING OFFICER. Under Clinton Kyl Specter Cochran Landrieu Stabenow struggling families, it also serves as a the previous order, the Senate will re- Stevens sume consideration of the motion to Coleman Lautenberg needed and immediate stimulus for the Collins Leahy Tester economy—each dollar of unemploy- proceed to H.R. 6867, which the clerk Thune Conrad Levin ment benefits generates $1.64 in eco- will now report. Corker Lieberman Vitter The assistant legislative clerk read Cornyn Lugar Voinovich nomic growth. I urge my colleagues to Craig Martinez Warner join me in supporting this critical ex- as follows: Crapo McCain Webb tension of unemployment assistance. Motion to proceed to the consideration of Dodd McCaskill Whitehouse Dole McConnell Wicker Providing these additional unem- Calendar No. 1123, H.R. 6867, an act to pro- ployment benefits, however, is not the vide for additional emergency unemploy- Domenici Menendez Wyden only step we must take to help work- ment compensation. NAYS—6 ing families meet the tough challenges CLOTURE MOTION Barrasso DeMint Hatch that lie ahead. Jumpstarting our econ- The PRESIDING OFFICER. Under Coburn Enzi Inhofe omy and restoring American prosperity the previous order, pursuant to rule NOT VOTING—4 will take bolder vision and more deci- XXII, the Chair lays before the Senate Biden Lincoln sive action. We need to create good the pending cloture motion, which the Chambliss Sununu jobs for the millions of Americans who clerk will report. The PRESIDING OFFICER. On this want to work. That means investing in The assistant legislative clerk read vote, the yeas are 89, the nays are 6. our workers, investing in our infra- as follows: Three-fifths of the Senators duly cho- structure, and investing in technology CLOTURE MOTION sen and sworn having voted in the af- for the future. It also means repairing We, the undersigned Senators, in accord- firmative, the motion is agreed to. the broken safety nets, so that more ance with the provisions of rule XXII of the Under the previous order, all families who are being hurt by this Standing Rules of the Senate, hereby move postcloture time is yielded back and downturn can get back on their feet. to bring to a close debate on the motion to the motion to proceed is agreed to. proceed to Calendar No. 1123, H.R. 6867, the I wish we could have done more in Unemployment Compensation Extension Act Mr. KENNEDY. Madam President, this lame-duck, but at least we are of 2008. next week we will celebrate Thanks- taking an important step. I look for- Harry Reid, Max Baucus, Patrick J. giving—a holiday to be with family and ward to working with our new Presi- Leahy, Bernard Sanders, Kent Conrad, to give thanks for the many blessings dent and the new Congress in January

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.071 S20NOPT1 jbell on PROD1PC69 with SENATE S10702 CONGRESSIONAL RECORD — SENATE November 20, 2008 to meet these difficult challenges and need to plan their family budgets and cessities is rising, are not also strug- to restore the vitality of our economy. permit small businesses to make crit- gling to put food on their table, pay Mr. KYL. Madam President, I sup- ical long-term investments in our Na- their utility bills, and provide shelter port H.R. 6867, the Unemployment tion’s economy that will increase job for their families. Compensation Act of 2008. The unem- growth now and in the future. During economic downturns in the ployment level is high, it is increasing, Unless the tax relief is extended, 43 past, we have always provided longer and it is likely that this condition will million working families with children periods of unemployment benefits. The prevail for many months. Thus, the will face a $2,300 tax increase. Small bill that I hope we pass today will pro- need for this extension. businesses will see their taxes increase vide a much needed unemployment in- According to the Labor Department, by an average of $4,100. The death tax surance extension. This extension claims for unemployment benefits have will rebound from zero in 2010 to a would ensure that out of work Ameri- increased dramatically, last week whopping 55 percent. The tax on cap- cans in high unemployment States like reaching a 16-year high. The unemploy- ital gains will increase 33 percent, and Michigan will receive an additional 20 ment rate in October was 6.5 percent; the dividend tax rate will increase an weeks of insurance, for a total of up to last year the rate averaged 4.6 percent. astounding 164 percent, affecting 18 59 weeks. The Federal Reserve also released esti- million senior citizens who will see In October, Michigan’s unemploy- mates Wednesday that project the job- their taxes rise by an average of $2,200. ment rate increased from 8.7 percent to less rate will climb to between 7.1 per- We shouldn’t be asking Americans to 9.3 percent, the highest unemployment cent and 7.6 percent next year. pay out more of their hard-earned rate since July 1992. The Nation’s un- As everyone knows, the economy has money at a time when they need it employment rate also increased to 6.5 slowed dramatically. Retail and busi- most; but if Congress doesn’t act, we percent. These are very hard economic ness spending has decreased. The next will be asking exactly that. times. Unemployment rates are rising several months are projected to be a The current economic downturn has dramatically, and since January 2001 period of contraction. As long as the also affected the Nation’s investors, es- we have lost 3.7 million manufacturing economy continues to struggle, the pecially seniors who rely on their in- jobs nationally and more than 250,000 people of Arizona and the rest of our vestments for their income. We need to manufacturing jobs in Michigan. There country will face difficult job pros- continue to encourage responsible sav- are currently 429,000 unemployed peo- pects, given the limited number and ings and investment, and one of the ple in Michigan. Between August 2007 types of jobs available. things we should do to ensure savings and July 2008, the long-term unem- This dramatic downturn in the econ- is to allow unlimited contributions to ployed—those who have been unem- omy and surge in unemployment con- retirement accounts such as 401(k)s ployed and looking for a job for 27 vinced me to support this extension of and IRAs. We should also raise the age weeks or more—comprise about 27 per- unemployment coverage. But this step at which holders of tax-deferred retire- cent of the total unemployed in Michi- simply treats a symptom of the bad ment savings accounts must begin gan. This is approximately, 100,000 un- economy; it is not a solution. We must making minimum required annual employed persons. try to take steps to improve the econ- withdrawals. I believe that Congress The numbers of unemployed are ris- omy and, thus, create new jobs. As I will likely suspend the mandatory ing all over the country. We must do have said in the past, I do not believe withdrawal rules for one year. While something now to protect American an extension or expansion of Federal that is a positive step, a more perma- workers and their families. unemployment benefits stimulates the nent measure would provide certainty ∑ Mrs. LINCOLN. Madam President, I economy. In fact, most economists be- to seniors. regret that I will be unable to be lieve that continual, temporary exten- The United States also needs to im- present for today’s vote on the Unem- sion of unemployment benefits has lit- prove its competitiveness. We need to ployment Compensation Extension tle effect on the economy, and, in some encourage trade between our country Act, H.R. 6867, due to a hunger aware- circumstances, actually lengthens the and others, and we need to enact, as ness event previously scheduled in Ar- time individuals remain unemployed soon as possible, the Colombia, Pan- kansas. If I were present for the vote, I because of the incentive to remain on ama, and South Korea free trade agree- would vote to support this important unemployment insurance. ments. We also need to stop taxing piece of legislation as I did in June Accordingly, I support this extension overseas corporate income and de- when the Senate passed a 13-week un- with a steadfast commitment to work crease our corporate tax rate—let’s not employment insurance extension as to pass pro-growth measures that will provide additional reasons for valuable part of the Supplemental Appropria- actually help the economy recover and companies here in the U.S. to move all tions Act of 2008, Public Law 110–252.∑ create new jobs. In the long run, people their operations overseas. The PRESIDING OFFICER. Under would rather have a job than have to The United States has the second the previous order, the question is on take unemployment insurance; and, at highest corporate tax rate in the world. third reading and passage of the bill. some point, it will have to end. We can make the United States more The bill (H.R. 6867) was ordered to a What can we do immediately to help attractive to foreign investment by re- third reading, was read the third time, Americans get back to work? First, we ducing our own corporate tax rate, per- and passed. must maintain existing tax rates. Dur- haps from its current rate of 35 percent f ing an economic downturn, the last to 25 percent. thing Government should do is take I will vote for the unemployment ex- ADVANCING AMERICA’S PRIOR- more money out of the economy by in- tension today. But I am also calling on ITIES ACT—MOTION TO PRO- creasing taxes. Everyone benefits when the President-elect and Congress to CEED—Resumed lower tax rates enable businesses and quickly pass measures that will actu- Mr. REID. Madam President, I now entrepreneurs to expand and create ally help the economy to maintain and move to proceed to Calendar No. 894, S. more jobs. create jobs. I look forward to working 3297. When Congress returns to Wash- with my colleagues toward such an end The PRESIDING OFFICER. The mo- ington, its first priority should be to in the coming weeks. tion is now pending. reassure taxpayers that taxes will re- Mr. LEVIN. Madam President, pass- f main low by maintaining existing in- ing an unemployment insurance exten- come-tax rates, marriage penalty re- sion today is urgent. More than a mil- MORNING BUSINESS lief, current rates on capital gains and lion people have lost their jobs this Mr. REID. Madam President, I ask dividend income, and relief from the year alone, and there are 10.1 million unanimous consent that we now pro- death tax. Under existing law, the tax unemployed individuals. We must en- ceed to a period of morning business relief enacted in 2001 and 2003 will ex- sure that these individuals who have with Senators permitted to speak pire after 2010. Extending current tax lost jobs and are looking for work, dur- therein for up to 10 minutes each. rates now would give individuals and ing a time when industries are cutting The PRESIDING OFFICER. Without small businesses the certainty they jobs and the price of food and other ne- objection, it is so ordered.

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.039 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10703 The Senator from Oregon is recog- race to replace Mark Hatfield, that we It was written fairly frequently in nized. would be supporting each other’s oppo- Oregon’s papers, and was in the New f nents in years ahead. York Times at one point, that there Political campaigns are important, was something in the State of Oregon TRIBUTE TO SENATORS and each of us was called upon to sepa- that people came to say was the Sen- GORDON SMITH rate our friendship from our beliefs ate’s odd couple. In fact, I think the Mr. WYDEN. Madam President, at every 2 years. Yet I will say this after- headline in the New York Times when this moment, exactly 13 years ago, I noon that I have come to genuinely they talked about us was wildly infla- was locked in the toughest political loathe much of what has become of the tionary, and GORDON and I came to battle of my life against GORDON H. political process in our country. The laugh about it. I think the headline SMITH. I went on to narrowly win that relentless and omnipresent negative was, ‘‘Oregon’s Odd Couple Makes It race and continue to hold that Senate ads obscure and distort to the point Work.’’ It was essentially all about seat today. But GORDON SMITH dusted that it can be difficult for the typical how there were two Senators from Or- himself off only a few months later and citizen to maintain anything resem- egon; one of them was a Mormon fel- took on yet another very tough battle, bling a healthy perspective on fun- low. He was a Republican. He was from and that time he won the Senate seat damentally good and decent individ- somewhere called Pendleton. GORDON that had been held for 30 years by our uals who seek public office. and I were never convinced that folks remarkable Senator Mark Hatfield. Thankfully, the negative ads are now in the New York Times knew exactly At that point, Oregonians did not off the air, and I want to make sure Or- where Pendleton was, but that is how know what to make of their Senate egonians once again remember the GORDON was described. delegation. They had two Senators, GORDON SMITH I have known for 12 Then they said, the other Senator myself and Senator SMITH, who were years. GORDON has been a good and de- was a Jewish guy, and he was from replacing Bob Packwood and Mark cent and selfless public servant. Portland and he was a legal aide law- Hatfield. Those two individuals were The fact is, GORDON SMITH did not yer for the senior citizens, and he was the chairman of the Finance Com- need to serve another term in the Sen- an activist with the Gray Panthers. mittee and the chairman of the Senate ate. He and his wife Sharon have built What in the world would these two peo- Appropriations Committee. And, of a strong and prosperous business, and ple ever have in common? course, the old story was that Bob they could have done countless things Well, I want people to know that Packwood got to raise all of the money with their time that would have been gentle spirit, that Mormon from wheat because he was chairman of the Fi- more glamorous and certainly pro- and pea country taught this Jewish fel- nance Committee, and Mark Hatfield duced less strain and wear and tear on low from the city an awful lot about the too often forgotten voices, particu- got to spend it all because he was their personal lives. But GORDON ran chairman of the Appropriations Com- because of his belief in the role that he larly those in our rural communities. In his absence, I will do everything I mittee. believed he could play in shaping our can to remind colleagues, particularly Of course, I was very much concerned country’s future. That, in my view, is Democratic colleagues on my side of about what was ahead because I the essence of being a good public serv- the aisle, of the challenges faced in thought it was very possibly going to ant. No one in this body or in the State rural communities, of the people and be a long and uncomfortable 6 years of Oregon ought to lose sight of the ex- the issues that GORDON H. SMITH cham- serving with the fellow with whom I traordinary sacrifices that GORDON and pioned every single day in the Senate. had just duked it out over many his wife Sharon have made over the I wish GORDON and Sharon well in months of a political campaign that, as course of almost two decades of public whatever their future endeavors are. I the two of us like to say, was not ex- service. have already made it clear they will al- actly for the faint hearted. ORDON Among G ’s many personal tri- ways have my friendship and assist- One of the great surprises of my ca- umphs in the Senate, I would like to ance in any project they pursue in the reer came, however, when I discovered highlight two that are especially im- days ahead. But most importantly, I that my new colleague, GORDON SMITH, portant to our State, to our country, come to the floor and thank GORDON was as thoughtful and kind and decent and to me personally. I wanted to re- for his personal friendship to me and outside the political arena as he was mind my colleagues and the people of his service to our State. I ask my col- tough and competitive inside the polit- our country of the very difficult deci- leagues here and the people of our ical arena. It was that charm and that sions made by GORDON and Sharon to home State to voice their thanks today decency and his desire to meet me half- share with the public and the Congress to two very special people, Sharon and way on Oregon’s interests that got me their heartrending struggle on behalf GORDON H. SMITH. closer to GORDON over the years and led of their son, Garrett. They did this I yield the floor. to an unusually strong working rela- selflessly to further the cause of men- The PRESIDING OFFICER. The Sen- tionship and what became a strong and tal health treatment, and particularly ator from Pennsylvania. genuine friendship. the cause of mental health parity. Mr. SPECTER. Madam President, I GORDON lost a very tough reelection If not for GORDON’s courage in shar- have listened to the eloquent com- race a few weeks ago in a State that ing their family’s story, I believe Con- ments of the Senator from Oregon, Mr. has changed rapidly from what was a gress might not have acted on mental WYDEN. I had planned to insert a state- very small Democratic voter edge, health parity this past fall, and thou- ment in the RECORD complementing back when we ran against each other in sands of parents might never know Senator GORDON SMITH on his tenure, 1996, to what has become a significant that they are not alone in their dif- but I would like to add my voice of Democratic voter edge in 2008. GORDON ficult struggle. laudatory comments at the conclusion and his skillful campaign team battled There were other critical tasks that of the statement of Senator WYDEN. I hard and tough as they always have. GORDON shouldered and one that I was agree with him that Senator GORDON They did everything they could to especially appreciative for his leader- SMITH has made an enormous contribu- withstand a formidable political tide ship on, and that was being the voice tion to the Senate in his two terms, and a very strong Democratic chal- for rural folks, for people whose way of and he will be sorely missed. He is a lenger, a challenger whom I support. life and quality of life is connected to member of a small band of moderates So it is with mixed and conflicting natural resources that are bountiful in on this side of the aisle. I suggest that emotions that I come today to pay our State. GORDON SMITH’s brand of Repub- tribute to my colleague and my friend GORDON spoke for the farmer, and he licanism is very much in need in this of 12 years, GORDON H. SMITH. spoke for the rancher. He spoke for the body. Very frequently, Members on the GORDON and I have had plenty of po- logger, for the mill worker, and the Democratic side of the aisle seek co- litical differences, enough differences, miner. He spoke for the rural commu- sponsors. I have been told on a number differences that we knew would be the nities they live in, communities that of occasions that the ‘‘pickins are case, that made us say from our very struggle to retain a voice in increas- slim.’’ GORDON’s absence will make it first meeting, when GORDON won that ingly urban America. more difficult.

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.076 S20NOPT1 jbell on PROD1PC69 with SENATE S10704 CONGRESSIONAL RECORD — SENATE November 20, 2008 GORDON SMITH has been outspoken on and he got the Bush Administration to had not been very welcoming to many of the very important causes make some crucial changes in the Pa- women. which require bipartisanship. He was triot Act before he voted to reauthorize In 2001 ELIZABETH’s path to the U.S. one of the few on this side of the aisle it. Senate took her through her birth to sponsor legislation to fight hate SUNUNU has also gained a reputation home of Salisbury, NC. Using her full crimes, for example. At the outset, sup- as a well respected fiscal conservative. career serving our Nation as a founda- port for Federal funding for embryonic On a personal note, Senator SUNUNU tion, ELIZABETH won her seat to the stem cell research was limited. GORDON has been a very good friend to me. U.S. Senate and immediately made her SMITH was at the forefront of that ef- When I underwent chemotherapy for presence known. Spending her time on fort, as I was. GORDON SMITH made a Hodgkin’s disease and lost my hair, the Armed Services, Banking, Small very eloquent speech from his chair a Senator SUNUNU showed up one day on Business and Aging committees, ELIZA- few rows behind me on the Iraq war. He the Senate floor with a shaved head. He BETH worked for North Carolinians was moved one day to come over and said that he had shaved his head in a with the same passion and dedication spoke from the heart, something which sign of solidarity for what I was going she possessed throughout her career. happens relatively infrequently in this through. Her achievements were many, but to Chamber. Sometimes people in this I wish JOHN, his wife Kitty, and his name a few she successfully opposed Chamber speak from the head. Even three lovely children the best of luck potential closings of U.S. military that has its limited aspects, if we take as they move forward. I have no doubt bases, protected delicate wetlands and a close look at the CONGRESSIONAL that Senator SUNUNU has a bright fu- woodlands in northeastern North Caro- RECORD. But GORDON SMITH was a big ture and will continue to make impor- lina from ruination from an ill-advised plus here. tant contributions to New Hampshire Navy landing strip proposal, and also I would like to associate myself with and the entire Nation. served as the chairwoman of the Na- the remarks of Senator WYDEN. I know ELIZABETH DOLE tional Republican Senatorial Com- GORDON is a young, vigorous man. He Senator ELIZABETH DOLE is a col- mittee for the 2004 election cycle. has a bright future ahead of him. I league leaving the U.S. Senate not in I wish to thank ELIZABETH for her think he will live to fight another day defeat but in the wake of a career dedi- service, friendship, and for being there on the political wars. Some of us have cated to public service and an unwaver- for my dear friend Bob throughout the had an election loss or two. It is a ing commitment to her country. She years. Senator DOLE, your contribu- learning experience, not one I rec- has had an illustrious career as a two- tions to this chamber and our Nation ommend, but there are ways to move time cabinet member, President of Red will forever be remembered. forward. That can be a lesson which Cross, and U.S. Senator. ELIZABETH is a I yield the floor. could stand anyone in good stead. I am model for all young women considering TED STEVENS sure Senator GORDON SMITH has a great a career in government, for in times Madam President, the departure of future ahead of him. when the ceiling had but few cracks the senior Senator from Alaska will JOHN SUNUNU she bore through the naysayers and surely deprive the Senate of an exem- Madam President, I also wish to pay showed a woman belongs in the Na- plary leader who has made a profound tribute to my friend Senator JOHN tion’s highest positions. effect on this body. Being the longest SUNUNU for his service to the country After graduating from Harvard Law serving Republican in Senate history, and his contributions to the U.S. Sen- as one of just 29 woman in a class of Senator STEVENS has made countless ate. Senator SUNUNU’s departure from 550, ‘‘Liddy’’ went to work in the White contributions to this body. His achieve- the Senate will be a great loss to this House Office of Consumer Affairs where ments include serving as the chairman body, as well as to the state of New she worked under both President John- of the Defense Appropriations Sub- Hampshire. son and Nixon. Pledging her allegiance committee, former chairman of the full I have known Senator SUNUNU since to her job and duty to the country, Appropriations Committee, and Presi- he joined the Senate in 2002. I have al- Senator DOLE opted to switch parties dent Pro Tempore. ways found him to be an intelligent, in order to continue her stay in the TED’s temper is generally misunder- engaged, and capable legislator who White House. After a stint on the Fed- stood except by those who know him cares deeply for the well-being of his eral Trade Commission, President best. He doesn’t lose it, but he does use constituents and doing what is right Reagan appointed ELIZABETH Secretary it—and effectively. However, it is true for the Nation, regardless of the polit- of Transportation in 1983. She served that on occasion he makes Vesuvius ical cost. valiantly in that position for 41⁄2 years, look mild. I recollect one all-night ses- Senator SUNUNU followed his father proving her skill at managing a Fed- sion during Senator Howard Baker’s and mother into public service, when eral Department, and became the Sec- tenure as majority leader when TED ex- he ran for public office in 1996 and won retary of Labor under President George pressed himself in an unusually em- the election in New Hampshire’s First H.W. Bush. With this position, ELIZA- phatic way. As I recall it, the debate Congressional District. JOHN served BETH became the first woman to hold arose over Senator Proxmire’s com- three terms in the U.S. House of Rep- two different cabinet positions under ments about submitting vouchers for resentatives where he quickly estab- two different administrations. travel expense in Wisconsin on his con- lished a reputation as an innovative In 1991 ELIZABETH accepted a dif- tention that Washington, DC, was his legislator. JOHN effectively applied his ferent challenge becoming the Presi- home base. That prompted a reaction extensive background in science, engi- dent of the American Red Cross, dedi- from TED, who was aghast at the neering, and small business during his cating her time to building an institu- thought of Washington, DC, being any six years in the House of Representa- tion whose impassioned mission is to Senator’s home when he had the majes- tives where he rose to become vice- aid our Nation’s citizens who are in tic Alaska to claim as his home. chairman of the Budget Committee and need of emergency assistance. During Senator STEVENS’ service during took a leading role in shaping our Na- her tenure with the Red Cross, ELIZA- WWII in the U.S. Army Air Corps has tion’s annual budget priorities. BETH took a brief hiatus to stand by given him a special understanding of In 2002, JOHN joined the Senate after her husband, Senator Bob Dole, as he defense matters. He is a distinguished defeating both an incumbent Senator represented our party as the nominee veteran of the U.S. Army Air Corps, and an incumbent Governor to become for President in 1996. After a hard- having flown support missions for the the youngest Member of the United fought race ELIZABETH began looking Flying Tigers of the 14th Air Force States Senate. I have admired JOHN’s into the idea of running for our Na- during World War II, for which he was work on his committees: the Finance tion’s highest office on her own right. awarded numerous medals, including Committee, the Commerce Committee, This came to fruition in 1999 as she the Distinguished Flying Cross. Upon and the Homeland Security and Gov- again led the way for women and be- his arrival in the U.S. Senate in 1968 it ernment Affairs Committee. On these came the first official female candidate became evident TED would become a committees, SUNUNU played a major for President. She exhibited toughness leader on military and defense issues. role on the lobbying reform legislation, and political tact in a race that history His hard work as the chairman of the

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.077 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10705 Defense Appropriations Subcommittee recovery program. Senators were noti- lized at the direction of the Secretary earned him high praise from President fied to be in the Chamber at 7:30 on of Commerce, there would have to be a Bush for his management of $87 billion Wednesday evening to vote. Regret- plan. There would have to be a factual supplemental appropriations bill in tably, that legislative process did not statement as to what the condition of 2003. follow regular order. It started off with the automobile manufacturers is, what Recently, Senator STEVENS has found a bill with papers from the Treasury would be done with the additional himself in the midst of the debate on Department. It wasn’t a bill. It was a 4- funds, what would be undertaken to energy policy and finding innovative page memorandum, later expanded to guarantee that the moneys would not approaches to our dependency on oil. more than 100 pages, ultimately to be used for increased executive pay or He labored intensely over these mat- more than 400 pages. But when regular corporate jets or golden parachutes. ters which he believed so strongly to be order is not followed, the consequence There would have to be some hard, con- best not only for the country in par- is likely to be not so good. Regular crete facts laid out. ticular but especially for Alaska. TED’s order requires a bill that one can read Last Friday, as I put in the RECORD work ethic and tenacity always made and study. It requires hearings before a this week, I wrote a letter to the chief this Chamber a better place. His pas- committee where people are pro- executive officers of the three compa- sion for serving his State and country ponents and opponents. There is exam- nies. I got no response from General will forever be remembered. Thank ination and cross-examination to get Motors. I got no response from Ford. you, TED, for everything you have done at the facts. Then the committee—in Frankly, I’m a little surprised that for the United States and Alaska. this case, the Banking Committee— when an inquiry is made in that con- f would sit down and have what is called text, there is not an effort to respond, AUTO INDUSTRY BAILOUT a markup to go through the bill line by not to reach out but to respond. But executives from Chrysler came to see Mr. SPECTER. Madam President, line. I explain this in some detail so there me, and I raised the questions as to earlier today, Senators LEVIN, BOND, might be some understanding, if any- what their condition was, how much VOINOVICH, STABENOW, BROWN, and I an- body is listening on C–SPAN this after- cash they had on hand, how much cash nounced a legislative proposal to deal noon. Certainly, the Chamber is cus- they needed, what they would do with with the crisis being faced by the auto- an infusion of economic aid, and what mobile manufacturers. For a pro- tomarily barren, as is frequently the case. Senators are busy with other were the prospects for a recovery. tracted period of time, Congress has That matter has now been put over wrestled with this issue. There have matters. Then after the markup, the committee files a report. Then it by the leaders until December 8. So we been many conflicting points of view as now have 2 weeks, next week and the to what ought to be done. There has comes to the floor. There is debate, dis- cussion, amendments. Then the Senate week after. Presumably, on the week of been little public sympathy for the December 1, there will be hearings. The plight of the auto manufacturers be- works its will. On the House side across the Rotunda, down the hall, the House automobile manufacturers are going to cause they have been on notice for a have a fairly heavy burden of dem- long while of the need to reorganize of Representatives goes through a simi- lar process. Then representatives of the onstrating that there is a plan which and to approach the manufacture of will be viable, which would have a real- automobiles differently in order to two bodies meet for a conference. Then that is presented to the President. So istic likelihood of success. compete with foreign cars. There have I understand the concern of the envi- been repeated efforts in the Congress to there is a great deal of refining. That didn’t happen with the $700 bil- ronmentalists. My record for environ- impose mileage standards. Finally, mental protection is very strong. But that was done last year. Now, with the lion economic aid proposal. It turned out there was a lot of pork in the final those in the environmental community severe economic problems facing the have raised the concern that the $25 country, the automobile manufacturers draft that no one had a chance to strike, to offer amendments. It was em- billion ought not to be directed away find themselves in dire straits. The from changes on gas mileage. We are chief executive officers of General Mo- barrassing to have to defend that kind of a bill as I traveled my State in Octo- talking about a bridge loan. The con- tors, Chrysler, and Ford have been on cern is, if action is not taken now be- Capitol Hill with very gloomy pre- ber to explain it. So there is great skepticism, fairly stated, among the fore a new administration, that there dictions as to the future of their com- could be a disastrous result. As Sen- panies if they do not get economic aid. American people as to the wisdom of ator VOINOVICH pointed out, the reces- It is a difficult matter to provide eco- the Congress in putting up $700 billion. sion or economic problems could be nomic aid to all those who are in need. Now, with the automakers coming in It is true the Federal Government has asking for economic aid, the question even more serious. The expression he provided economic assistance to Bear arises, who next? Last Friday, I wrote used, which I think is not inappro- Sterns and AIG, turned them down to our leaders urging that we not rush priate, it could go over the cliff. No- with Lehman Brothers. We are well to judgment. I made a similar request, body knows. But that is a risk, if we aware of the fact that there could be made an extensive floor statement ear- are going to wait until January 20. It very serious repercussions for the econ- lier this week on Monday. That letter may even be a risk in waiting until omy as a whole if the auto manufactur- and others are in the RECORD, and I mid-December, but that is the course ers fail. There has been considerable will not encumber the RECORD further which we are on now. Of course, Sec- talk that they could go into a reorga- because they are available for anyone retary Paulson has the discretion, as nization and bankruptcy and could who cares to look at them. he has conceded, to act with the funds emerge. That may well be true. But Secretary of the Treasury Paulson which are now available. But in any that could be risky as to what would has been unwilling to use the $700 bil- event, I believe the legislation which happen. lion to assist the automakers. He may was announced today by the six Sen- The Congress authorized some $700 be right about that or he may be wrong ators,—three Democrats, three Repub- billion to assist on an economic recov- about that. But that is the position the licans, on a bipartisan basis—is a use- ery. That legislation has not been Treasury Department has taken, say- ful approach for the future. This is warmly received by the American peo- ing that money is for the economy gen- very important. This is not an extra ple. During the month of October, I erally. appropriation. We are not putting up traveled broadly in Pennsylvania and Then the idea has been proposed—and more money. It is a different use of found very strong public sentiment in has been embodied in what Senators moneys already put up. The environ- opposition. The Congress acted in the LEVIN, STABENOW, VOINOVICH, BOND, mental issues could be safeguarded face of having our backs to the wall or BROWN, and I announced earlier after January 20. With the Democrats a gun at our heads or any other meta- today—to use funds up to $25 billion in control of both Houses and the phor of a critical nature that one from the 2007 appropriations which had White House, they could write their would choose. been designated to meet the mileage own ticket to replenish that fund, if On September 29, the House of Rep- requirements but not a blank check. they choose to do so. But at least we resentatives failed to pass an economic Before any of those funds could be uti- are on a course now in the reasonably

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That was a special challenge So we will await those hearings, and deeply held personal convictions. Time because she was fortunate to have as a we will await what they do. But I will tell and history will tell if I was husband Robert Dole, the Republican would emphasize they will have to per- right or if I was wrong, but I found his leader of the U.S. Senate, if I can say suade the Congress to vote for the plan. counsel, his willingness to listen, his with a deep sense of humility, one of But in order to persuade the Congress, willingness to share with me his most the best friends I ever had in this insti- they are going to have to persuade the inner thoughts about that conflict a tution. American people over the course of the very valuable asset as I and others in I remember talking to him one time, next 2 weeks with something a lot leadership positions carried the heavy of course, concerning the events of that more specific than they came to town burden of that conflict. So I am grate- particular period, and I said he ought with over the course of the past several ful to him. He is a very sensitive man, to think about running for leader of days and a lot more responsive than and he showed that sensitivity every so the Senate. Oh, no, no. No, I don’t two of the companies not even respond- often as he plunged into the complex think they will ever elect me. Well, ing to my request for a statement as to issues with regard to health care, the this conversation went on for some pe- their case, as to how they propose to almost insoluble problems—problems riod of weeks, months, it may have remain viable with the economic aid. that he recognized have to be solved, been, I don’t recall. Finally, I said: I I thank the Chair, and, in the ab- particularly so that people of lesser have so much faith that you can win sence of any other Senator on the means can achieve a measure of health that election that I would be happy to floor, I suggest the absence of a care equivalent to those who have the appoint myself as one of your man- means can receive for themselves. It is quorum. agers of the campaign to get it. So I The PRESIDING OFFICER. The a hallmark of how this man proudly took that, along with several other walked his way through life, with a clerk will call the roll. very fine colleagues, both of whom The legislative clerk proceeded to loving wife by his side and the family moved on years ago from this Chamber. whom he loves so dearly, and always call the roll. And he won. He was amazed that he Mr. WARNER. Madam President, I thinking about those who perhaps have had won. I wasn’t. I always recognized not had the opportunities that he and I ask unanimous consent that the order the leadership in him. He did a wonder- and others have had, particularly as it for the quorum call be rescinded. ful job as our Republican leader. His relates to health care. The PRESIDING OFFICER. The Sen- He also loves the outdoors. A great portrait proudly hangs right here in ator from Virginia is recognized. golfer, we played together from time to the corridor off of our Chamber. I never f time. His skill is far superior to mine walk by that I don’t just quietly give him a hand salute, because I was a part TRIBUTE TO SENATORS in every way. He is a lover of art. We shared our interest in paintings, par- of the World War II generation, but a GORDON SMITH ticularly paintings that had come from very small part, serving only in the Mr. WARNER. Madam President, Scotland. To have had the friendship of final year of the war and always in a today may mark the last day of this GORDON SMITH is to have shared the life training command, ready as a 17-, 18- session, although I shall not try to of a wonderful human being, and I year-old kid to become a replacement make that prediction. However, I thank GORDON for all that he has done for those serving abroad. Bob Dole was would not want this day to pass with- for me and for this great Nation, and truly one of those who earned the acco- out availing myself of the opportunity for his beloved State. I wish him well lade of the ‘‘greatest generation.’’ He and the privilege to come to this floor in his next venture, and I look forward fought in Europe. He was a young lieu- and say a few words on behalf of the to meeting him along the way. tenant and in leading his men in the very dear and valued friends whom I ELIZABETH DOLE toughest of battles in Italy, he received have served with in this Chamber as I have known her for quite a few what for others I think would have they depart and go on the road of life years. We had a wonderful evening last been mortal and fatal wounds. to, I expect, in each case great chal- night where the leadership of the Re- Because he had such an internal lenges. publican Party—indeed, almost all of strength and constitution, he survived GORDON SMITH and I have become the Members of the Republican cau- those wounds and came on to have a friends for ever so many reasons. One, cus—came to say not farewell, but to distinguished career. As I look back on we both love the outdoors. He and his listen to the words of those of us who his Senate days—and they pass so devoted wife Sharon and my wife, we are moving on and will not be a part of quickly, as did my 30 years—I remem- have all been close friends through the next Congress. ELIZABETH got up, ber taking trips with him. We went to these years. As I look back, I will al- and she is such a very forceful speaker. Russia together, which was the Soviet ways remember GORDON. I remember She truly speaks from the heart. She Union at that time. He was a staunch when I was chairman of the Armed has a remarkable memory. She re- believer that one day Russia would be- Services Committee and entrusted with called how when both of us were bach- come just Russia once again and those the extraordinary responsibilities— elor and spinster, we danced together. people would have some measure of a along with other committee members, My lovely wife, who is a dear friend of voice in their Government. That did as well as, indeed, every Member of hers, kind of looked at me and I winked come to pass, and that was an extraor- this Chamber—entrusted with those de- and said, She was the best. It is just dinary trip. cisions relating to this Nation’s Armed one of her marvelous traits. Talk about What I best remember is the time of Forces who were fighting so valiantly glass ceilings: She shattered her share. the D-day anniversary. He was asked to then, today, and for the foreseeable fu- She has taken on many challenges in speak in Italy, where he had fought. ture—I hope the short future—in Iraq. the private and public sector, some of And then, together, we traveled to the GORDON and I had many very quiet which only men have ever had, and per- Normandy beaches to join the Presi- and private conversations about his formed her duties with great distinc- dent and others. In the course of that deep concerns and convictions. His con- tion, and always with a quiet sense of trip, we went back to the very ground victions emanated from the depths of what we call southern humility. She is on which he was wounded. He walked his heart. Politics played no role in his very proud of her roots and her family. over to the stone wall that is still approach to the conflict in Iraq. He was How often she has referred to her there—he remembers it ever so well— gravely concerned about the loss of life mother. where he dragged his badly wounded and limb, the image of this Nation, She is a Phi Beta Kappa from Duke body to give him a measure of protec- and, indeed, the families of the loved University and went on to Harvard for tion until help could come, after which

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Kitty and my wife shared a and certainly in the news and in var- serving America as a public servant in few words on our departure last night ious other venues, I am sure at the Sec- the Senate. from the dinner. retary of the Treasury’s office, about I don’t know of a husband and wife I am not one who makes many pre- the economy and what is happening in team who any admire with a greater dictions, but I predict this man con- this country. level of affection than we do Bob and tinues to not walk but run down that One only has to look at the stock ELIZABETH Dole. So I wish them both road of life, one who makes those market—today it moved down very very well. She was on our Armed Serv- twists and turns, climbs those moun- quickly and very aggressively once ices Committee. She was a strong advo- tains, and crosses those rivers. He will again; it has happened many times in cate for the men and women in the leave his mark on many successful ven- recent days. There are very serious Armed Forces. She had a place in her tures. We will hear from this man not problems. But it is not just the stock heart for all who served at Fort Bragg once, not twice but many times again. market that reflects those problems. It and the Marines’ Camp Lejeune, and I wish him well. is perhaps if you were sitting in a home Pope Air Force Base. But that is fur- Lastly, I simply say to my State two tonight or last night or last week or ther evidence of the deep affection she words: Thank you. I thank all those last month to hear someone come has for her husband Bob. Virginians who have supported me home from work to stay to the spouse: JOHN SUNUNU these 30 years. It was a humble chal- Honey, I have lost my job. And 1.2 mil- Lastly, I turn to JOHN SUNUNU. I con- lenge for me. I accepted it and I look lion people did that in the last 10 fess not to have known him very well. back on it with the deepest of respect months, half of them in the last quar- I had met him when he came from the for the trust and confidence you gave ter. There were 240,000 last month who House of Representatives to the Sen- me—all Virginians—over these 30 came home and said: I have lost my ate. I suppose all of us who have been years. job. here for a period of time, having been I yield the floor and suggest the ab- No, not because they are bad work- given that marvelous accolade of an sence of a quorum. ers; because people are being laid off. old bull, presume we can judge others The PRESIDING OFFICER. The This economy is in a recession. It ap- quickly. I saw in JOHN SUNUNU a man clerk will call the roll. pears to be a very deep recession, with who would take charge from the day he The assistant legislative clerk pro- a great deal of trouble coming from a came, and that he did. From the very ceeded to call the roll. range of activities that went way be- moment he walked on the floor of the Mr. LEVIN. Madam President, I ask yond the pale. Senate, he was possessed of his own unanimous consent that the order for The subprime loan scandal, an al- self-confidence, his own driving, almost the quorum call be rescinded. most unbelievable economy that was a fierce desire to be a leader—a leader The PRESIDING OFFICER. Without providing substantial additional bene- in the sense of advocating as a true objection, it is so ordered. fits and salaries and bonuses to people fighter, advocating for those issues in The Senator from Michigan is recog- at the top of the economic ladder. It is which he had a belief in the principles nized. almost unbelievable what has happened that were dear to his heart. Mr. LEVIN. I thank the Chair. with the reckless behavior with respect The field of economics is quite a (The remarks of Mr. LEVIN pertaining to some of the financial firms in this challenge, and with little provocation to the introduction of S. 3715 are print- country. The result is that the amount he would give you a tutorial on the ed in today’s RECORD under ‘‘State- of leverage and the development of a most complex issues as they relate to ments on Introduced Bills and Joint house of cards built on an illusion of economics. Indeed, in the weeks before Resolutions.’’) assets has caused a collapse, and it is the election, as this body was coming Mr. LEVIN. I suggest the absence of affecting virtually every corner of this to a close and we voted on such meas- a quorum. country. ures as the rescue package and so The PRESIDING OFFICER. The Tonight there are people who will forth, he frequently stood. When he clerk will call the roll. ask the question: What has happened spoke, our caucus and those around The assistant legislative clerk pro- to my retirement account? What about him listened very carefully. I mention ceeded to call the roll. my 401(k) account? What about my in- this because he exhibited real academic Mr. LEVIN. Mr. President, I ask dividual retirement account? How far strength at both MIT and Harvard. He unanimous consent that the order for has it gone down? How much have I did a lot of interesting things in his the quorum call be rescinded. lost? What will it mean to my retire- short life before he came to the Senate, The PRESIDING OFFICER (Mr. ment? How much longer will I have to not the least of which was being in the WHITEHOUSE). Without objection, it is work? House of Representatives. so ordered. I have been on this floor plenty of JOHN also had a special niche for his f times talking about what has caused interest in education. He wanted to all of this. If you do not think about it make sure people less fortunate than AUTHORITY TO SIGN DULY and talk about it and take steps to cor- we would have an opportunity to get an ENROLLED BILLS rect it, it will happen again. education and that those in the system Mr. LEVIN. Mr. President, I ask The only way the American people and struggling are given any help pos- unanimous consent that the majority will have confidence about the future is sible to succeed in their own goals of leader be authorized to sign duly en- if they believe we are taking steps to educating themselves. He also held— rolled bills today, November 20. correct that which caused this prob- very unusual—a special regard for the The PRESIDING OFFICER. Without lem. I have talked about the companies families of law enforcement officers, objection, it is so ordered. that started this mess, the brokers, the men or women in uniform, and particu- Mr. LEVIN. Mr. President, I suggest mortgage companies, the folks who buy larly those families who lost a spouse the absence of a quorum. and sell securities, the hedge funds, or loved one in the line of duty. The PRESIDING OFFICER. The those who trade in derivatives such as He is an extraordinary man, JOHN clerk will call the roll. credit default swaps. I have talked SUNUNU—very sensitive, very thought- The assistant legislative clerk pro- about all of them. All of them made ful, a man who loves his State, particu- ceeded to call the roll. massive amounts of money. Do you larly the rivers of his State. He com- Mr. DORGAN. Mr. President, I ask know the highest income earner in the mended me for leading the charge in unanimous consent that the order for country last year earned $3.7 billion? my State to remove an old dam that, the quorum call be rescinded. One person. That is $10 million a day. If for 80 years, blocked the migration of a The PRESIDING OFFICER. Without the spouse said: How did it go today? fish from the Atlantic Ocean to the objection, it is so ordered. That person had to say, pretty well, I

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It collapses and injures every- Now, I sat with a banker in North So that is a very important consider- body in this country, and a whole lot of Dakota recently at a table. I said to ation. But I am not about to propose folks are thrown out of work. him, a small town banker: Do you have bailing out anybody unless there are The source? Subprime loans, compa- money to lend? I said: They say the tough restrictions and conditions. I nies saying to people: Hey, how about a credit markets are frozen. Do you have know those executives from Detroit loan? You do not have to pay even the money to lend? got a pretty tough time, and should principal at all. You do not have to pay Oh, yes, he said. He said: If somebody have, yesterday. They flew here in all of the interest. You have bad credit, comes in, I have got money to lend their private jets, making about $20 you cannot get any credit, you have them, because he did business the old- million a year, saying: We need help been bankrupt, you are a slow payer, fashioned way. He said: I take deposits from the American taxpayer. you do not pay your bills, but it does and I make loans. But when I make Look, if we are going to lose 3 to 5 not matter. Come to us. loans, I make sure those to whom I million jobs, I want to help for a couple That was the advertising. Is it any lend the money are going to have a rea- of reasons. No. 1, I don’t want millions wonder that all of this collapsed? And sonable opportunity and are able to more people out of work that would further jeopardize this economy. No. 2, as they put all of those bad loans to- repay the money. I want to retain a strong manufac- gether, they securitized them and That is business the old-fashioned turing base. Part of that is the auto- chopped them all and sold them as se- way. He said: I did not get involved in mobile industry. You don’t long remain curities. They securitize everything all of those reckless practices. I did not a strong world economic power unless these days. They sold them as securi- buy those securitized notes with you have a strong manufacturing base. ties and moved them around the coun- subprime loans. I did not do all of that. But I am not about to support a bailout Well, the biggest financial companies try and around the world. for anybody unless there are strong, All of a sudden we have a bunch of in this country did. They were like tough, and rigorous conditions. Park firms that decided, hey, these are pret- hogs in a corn crib, buying and selling, those corporate jets, 24 roundtrip ty good-paying securities. They have a making lots of money, everybody is flights from Detroit to Washington, wading in cash. Now they are up to big return. We are going to buy some of DC, and they flew in corporate jets, their necks in trouble, and the Treas- these. So they bought them all up. And making $20 million a year, saying: Give ury Secretary says if we do not bail now guess what. They have got all of us a little help. Where is the self-sac- them out, the whole economy is going these rotten assets in their portfolio, rifice? and it is pulling them all under and to collapse. So this bailout occurs I am not just talking on the part of causing a massive problem. without any conditions at all. that industry. They were singled out So here we sit with a collapse of a fi- Did anybody say, with these hun- yesterday, and I am not excusing them. nancial system, names that are house- dreds of billions of dollars—and by the They got what they deserved in the hold names, the biggest firms in the way, it is not really hundreds of bil- House hearing. But did anybody ask country going belly up, getting bailed lions. If you take a look at what Treas- the question, when the Treasury Sec- out. ury and the Federal Reserve Board retary was ladling money around by The Treasury Secretary comes to us have done, it is somewhere between $2 the hundreds of billions of dollars or and says: I need $700 billion on an and $3 trillion that has been pledged to the Federal Reserve Board was ladling emergency basis in 3 days, and if not, those big firms. Not many people know money around to the point of $2 to $3 the sky is going to fall in. So the Sec- that. And you cannot get all of the de- trillion, did anybody say to those big- retary does not get it in 3 days or with tails. But the Federal Reserve Board gest financial firms: By the way, here a 3-page bill, but he gets it in a couple opened up its window, first time in his- are some restrictions. Maybe you of weeks. tory, to say: We will do direct lending ought to park your airplanes. Maybe Now he has $700 billion, but he does with investment banks whose assets you ought to be concerned about these not know what he wants to do it with are not insured by the Federal Govern- unbelievable incomes. Talk about $20 it. He said: I need it and I need it ur- ment. First time in history. So we have million a year for people running an gently right now because I want to buy around $2 to $3 trillion out there ex- automobile company, we are not talk- toxic assets and I want to get these tended on behalf of the American peo- ing about $20 million when we talk toxic assets off the balance sheets of ple with some of these companies that about some of these hedge funds. We these companies. were engaged in unbelievably reckless are talking about an average of the top Well, he got the money. Then he said: practices and behavior. 25 hedge funds, somewhere around $700 You know what, that is not right ei- The issue, it seems to me, is what did million a year. Did anybody impose ther. I do not want to buy toxic assets. the Treasury Secretary require of these conditions on them? No. Should they What I want to do is provide money, companies that got this massive have? You darn right they should have. capital, to big banks. He takes $125 bil- amount of money? What did the Fed- If the automobile industry wants help lion and aimed it at nine banks, some eral Reserve Board require of these from the American people and this of whom did not want it. The problem companies? The answer is nothing. No Congress to preserve 3 to 5 million jobs, was, it was the biggest gift in the restrictions. No restrictions on bo- then they are going to have to be re- world. There were no strings attached. nuses. We now read that somewhere sponsible to adhere to significant re- Can you imagine taking $125 billion around $20 to $30 billion of bonuses will strictions. and saying to nine big banks: You take be paid in the next month or two. Any Those restrictions ought to be rig- this money, and, by the way, I will not restrictions on parking the corporate orous and tough. There must be inde- require you to expand your lending. jets? No. Any restrictions on income at pendent oversight on anything that is That is the reason I am giving it to all? No. No restrictions at all. No given to that industry, or other indus- you, but I will not require it. I will strings attached. tries for that matter. They ought to have no prohibition on you using it for Now, there is a great discussion here agree to a prohibition on dividend pay- bonuses. Go right ahead. And, by the on the floor of the Senate and in this ments so that money going to those way, my agency is also going to en- town about bailing out the automobile companies isn’t going to go out in divi- courage you to merge because we like industry. That proposal is $25 billion, dends. That would make no sense. bigger banks; merging will be bene- about 4 percent of the $700 billion. As There ought to be prohibited golden ficial, we are told. Is it any wonder far as I am concerned, the automobile parachutes for executives as well as ex- people do not have confidence? Is it industry has plenty to answer for. But ecutive bonuses during the duration of

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We have done so world while being mindful of their his- that sales dropped 30 percent. They are much in this country to prevail. This tories. victims, as are all Americans, of this generation of Americans is not about During this session, the Senate economic crisis. It is not their fault to lose. This generation of Americans, worked with tribal leaders and advo- that sales dropped 30 percent. So if too, will prevail. But it is going to re- cates and our colleagues in the House they need some help to save 3 to 5 mil- quire all of the effort of every one of to help tribes achieve these goals. lion jobs, I think most Americans us. Working together, we reauthorized the would say: Let’s save those jobs. But This isn’t about politics. It is cer- Native American Housing Assistance most Americans would also ask the tainly not about Republicans and and Self-Determination Reauthoriza- question: Where is the self-sacrifice on Democrats. It is about creating good tion Act, reauthorized the Special Dia- the part of those folks who are running public policy that gives the American betes Program for Indians, and amend- these companies? Let’s see a little and people confidence and hope in the fu- ed laws to strengthen families and im- let’s hear a little self-sacrifice from ture. That is what will get us out of prove the care and development of chil- people who say: I will own up to this. I this rut. Those who caused the finan- dren in foster care. We passed legisla- will put something significant on the cial wreckage, who drove this economy tion that helps tribes develop their table in terms of trying to turn this into the ditch, are not going to get us natural resources, expand their com- economy and these companies we run out. It is good public policy by mercial activities, and encourage in- around. thoughtful people that will begin mir- vestment in Indian Country. During Let me finally say, there are a whole roring what happens on Main Streets this time of war, we made it a priority lot of folks across the country who are and community banks all across the to help our Native American veterans doing business the right way, Main country, doing business the right way. and their families—who continue a Street businesses, community banks. When that happens, we will put this long history of serving in our Armed They come to work in the morning. country back on track. I hope that is Forces—by expanding benefits and They turn the key. They open the lock sooner rather than later. I hope the services under the G.I. bill. Under the on that door. They are at risk. They American people do not lose hope be- leadership of Chairman BYRON DORGAN are just trying to make a living. Yet cause we believe, all of us believe, in and Vice Chairperson LISA MURKOWSKI they, too, are victims, not because the great promise of this country. of the Indian Affairs Committee, the It is true that we face great chal- they got engaged in the kind of behav- Congress has worked to honor our first lenges, but we are turning a page. We ior in which some of the biggest com- Americans and fulfill our promises to will have a new Congress. We will have panies in this country were engaged. them. Some of the biggest financial compa- a new President and a new determina- During this month especially, we rec- nies were engaged in reckless behavior. tion to try to fix what is wrong and put ognize the leadership and efforts of When the Financial Modernization Act this country on a better path. tribes and others to improve the lives I yield the floor. passed the U.S. House of Representa- of Native Americans. But our work is tives and the Senate nine years ago, an f not finished and we will not rest on the act that was a devastating piece of leg- NATIVE AMERICAN HERITAGE accomplishments of the 110th Congress. islation that led us down this path to a MONTH As majority leader, I am committed to financial collapse, I said back then Mr. REID. Mr. President, I am work with my colleagues to reform when I voted against it—and I was one pleased that the President has pro- health care and reauthorize the Indian of eight Senators to vote no—I said: If claimed November as National Amer- Health Care Improvement Act. I hope you want to gamble, go to Las Vegas. ican Indian Heritage Month and the that the Senate will be able to again No, instead they were allowed to gam- Congress has designated November 28, consider a package similar to one the ble by creating holding companies and 2008, as Native American Heritage Day. Senate passed earlier this year. merging bank enterprises with securi- This is the time when our country As we approach the end of this Con- ties and with real estate and other traditionally offers thanks for the gress, I am pleased that we take a mo- risks. bounty and protections we enjoy. This ment to recognize and celebrate the We knew you shouldn’t do that. We year, Congress and the President have gifts Native Americans and Alaska Na- learned it in the Great Depression. It chosen to specifically acknowledge and tives share with all of us daily. caused the closure of massive numbers be thankful for the contributions and Mr. JOHNSON. Mr. President, each of banks. Some of my colleagues achievements of American Indians, November we celebrate American In- brought a bill to the Congress and got Alaska Natives, and Native Hawaiians. dian and Alaska Native Heritage almost everybody to agree to it that Together, we have called on Federal, Month to honor the first inhabitants of said: These lessons are old-fashioned. State, and local governments, tribal this land and recognize the relation- Let’s let these financial institutions governments, and others to come to- ship this country has with American merge and fuse together risky things gether to celebrate and share with one Indian people. In that same spirit, I with banking, securities, and real es- another the cultures, traditions, and would also like to specifically recog- tate. What an unbelievably ignorant languages of more than 500 tribes. nize the nine treaty tribes that I am thing to do. We had learned that lesson In my home State of Nevada, our honored to represent in South Dakota. before and forgot it. tribes represent three distinct cultures American Indians are unique among Guess what. From that day on we and languages Paiute, Shoshone, and other groups in this country because of began to see the kind of inherent risk Washoe. Throughout my career, I have the government-to-government rela- established in financial enterprises promoted programs and education ef- tionship established through countless that someday most of us believed forts to preserve these native lan- treaties—documents affirmed in article would create the house of cards that guages and others and expand cultural VI of our Constitution as the supreme would collapse. And it has. Now the programs for children, young adults law of the land. This special status and question is, how do we put this back and elders. Nevada’s tribal leaders and the strength of these age-old contracts together? youth tell me this cultural exchange have enabled American Indians to Let me say this: If I didn’t have great with tribal members and with those in shape this country’s history in pro- hope for the future of this country, I their school and local communities found ways, as tribal history is deeply would hardly be able to get up and go bridges differences and leads to indi- entwined with America’s. The contin- to work, but I think this is a resilient, vidual successes. Nevadans can be ued fulfillment of our treaty and trust wonderful place. We have made very proud of our State’s diversity. obligations along with a respect for the

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.087 S20NOPT1 jbell on PROD1PC69 with SENATE S10710 CONGRESSIONAL RECORD — SENATE November 20, 2008 tenets of tribal sovereignty are thus es- and Jennings Randolph. Margo’s com- then worked tirelessly with Federal sential responsibilities of this country. mitment to providing a pleasant, com- and State officials, the BRAC Commis- South Dakota’s tribes have a special fortable, and professional environment sion and the Department of Defense to place in this history due to their for Senate functions resulted in close make that conception of Fort Knox a proactive leadership in the Federal- friendships. Senator Randolph would reality. The result was that Fort Knox tribal relationship. For example, the often call her at home, making re- emerged revitalized from the BRAC 1868 Treaty of Fort Laramie was en- quests for a special bread with nuts on process. Consequently, central Ken- tered into by Indian tribes in South it. After returning from their honey- tucky stands to gain immeasurably Dakota that desired a peaceful rela- moon, Senator JOE BIDEN and his wife from the economic benefits stemming tionship with the United States and a shared their pictures with her. Instead from the installation’s enhancement, mutual recognition of sovereignty. In of calling it the Senate Dining Room, and our armed forces will be the better this treaty, like many others, the Senator PRYOR referred to the Senate for Fort Knox’s improved stature. United States entered an agreement to Dining Room as simply ‘‘Margo’s Prior to his service for Kentucky, end hostilities and for the cession of Room.’’ Jim served his country with great dis- land, in return entering into a contract After working in the Senate Dining tinction. He spent 27 years of commis- to provide assistance with education, Room, Margo took a position in the ac- sioned service in the Army, rising to health care, farming and other neces- counting office processing bids for the the rank of brigadier general. His ca- sities; these responsibilities continue Senate Restaurant. Several years later, reer highlights include service as Dep- today. During this month of recogni- she moved to the Capitol Senator’s uty Commanding General, United tion and remembrance it is only appro- Dining Room where she was a hostess. States Recruiting Command, in which priate to recognize the special status of After working as a hostess, she worked he was responsible for manning the the treaty tribes. in the Senate catering office, where she Army’s all-volunteer force. In addition to this unique govern- has been for the last 13 years. Jim also received numerous medals, mental relationship, American Indians In her years on Capitol Hill, Margo awards and decorations for his efforts actively enrich the fabric of our Na- has seen a great variety of events. She in the Army including the Distin- tion’s character in many ways. Tribal hosted functions with the NFL, the guished Service Medal, the Defense Su- members have courageously served to Dalai Lama, and a number of other no- perior Service Medal, the Legion of protect America in every conflict since table people. Among others, she met Merit, the Bronze Star Medal, the Mer- the Revolutionary War, and they have Paul Newman, whose suitcase she itorious Service Medal, with three Oak served at the highest rate of any group watched in the kitchen as he spoke at Leaf Clusters, the Joint Service Com- in the country. Tribal educational an event. During annual events at mendation Medal, the Army Com- models are rapidly gaining respect for Union Station commemorating Colum- mendation Medal, the Army Achieve- an approach that stresses the impor- bus Day, Dr. David R. Curfman, presi- ment Medal, the Parachutist Badge, tance of history and culture as well as dent of the National Columbus Celebra- the Ranger Tab, and the Joint Chiefs of the skills necessary for students to tion Association, told her that she was Staff Identification badge. prosper in an increasingly global world. the only one who understood what he I am proud to say that Jim is also a American Indian and Alaska Native needed. fellow alumnus of the University of Heritage Month falls in the same Margo will miss the people she works Louisville. month as Thanksgiving and I hope this with, whom she considers to be like Mr. President, I ask that my col- affords us with the time to give thanks family. In turn, I know she will be leagues join me in honoring this fine for the sacrifices of the first Ameri- missed greatly by those who have had Kentucky patriot for his long and nota- cans. Once reduced to a population of the opportunity to know and work with ble career of public service. less than 50,000, the American Indian her. In fact, Margo has been such a f population is now some 4.5 million presence in the Senate, and has be- TRIBUTE TO MAJOR JOHN LEE strong. Their story, like that of the friended so many over the years, that MCELROY country as a whole, is a proud, resilient it is difficult to express how much she history and I am committed to sup- will be missed. I am pleased to join the Mr. MCCONNELL. Mr. President, it is porting tribes as they continue to build entire Senate community in thanking never too late to honor great heroism a strong future. Observance of Amer- Margo for her years of service and and sacrifice. That is why I am proud ican Indian and Alaska Native Heritage wishing her a happy retirement. to say that after 40 years, a brave Ken- Month honors the unique heritage of f tuckian lost in battle will finally re- this country’s first inhabitants, and turn home with honor to American most importantly reaffirms our respon- TRIBUTE TO GENERAL JIM SHANE soil. sibility to honor Indian treaties. Mr. MCCONNELL. Mr. President, On May 12, 1968, MAJ John Lee f today I rise to salute the service of a McElroy of the U.S. Air Force under- distinguished Kentuckian. This gen- took what would be his final mission. RETIREMENT OF MARGO CONNOR tleman recently ended a long career de- Stationed in the Quang Tin province of Mr. REID. Mr. President, I rise today voted to the service of his country and the Republic of Vietnam, he was the to recognize Margo Connor, who has re- our commonwealth. navigator on a C–130 Hercules aircraft tired after 33 years of service to the His name is Jim Shane, and I am when his plane was struck by intense Senate community. During the past proud to say Jim is a friend of mine. enemy fire and crashed. There were no three decades, Margo Connor has as- Jim recently stepped down as executive survivors. sisted in providing catering for Senate director of the Kentucky Commission ‘‘On this particular day [Major functions on Capitol Hill. In a fast- on Military Affairs, a post he held McElroy] was flying a most important paced environment with a high turn- since 1997. During his tenure, Jim can mission of aerial evacuation for Amer- over rate, she remained dedicated and point to many accomplishments, but ican and allied personnel,’’ wrote COL personal, with a keen ability to estab- he was particularly instrumental in Marion F. Garuthers, the major’s com- lish close relationships. preparing Kentucky for the rigors of mander, in a letter to his parents. ‘‘His Margo spent 17 years in the special the 2005 Base Realignment and Clo- example of Christian living signifi- functions office for the former Dirksen sure—BRAC—process. The common- cantly influenced all persons with Senate Dining Room. She compiled wealth, in particular Fort Knox, was a whom he associated.’’ menus and prepared the former Senate big winner in the BRAC process, and no Sadly, while the family of Major Dining Room for functions. Meeting one was more instrumental in this suc- McElroy knew his final fate, they did and interacting with many different cess than Jim. not get to say their final goodbyes. For people were her favorite aspects of her Jim had a vision for Fort Knox, one four decades, his remains went unre- service; she was on a first-name basis in which the installation would again covered. His wife, Regina M. McElroy, with former Senators such as David be a home to combat troops and to a and his parents, Oscar L. and Gladys V. Pryor, Thomas Eagleton, Gary Hart, number of major Army commands. He McElroy, passed away never knowing if

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.047 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10711 their loved one’s remains would be SSG Timothy H. Walker, of Franklin, 1LT Thomas J. Brown, of Burke, VA; found and brought back to the United TN; CH COL Sidney J. Marceaux Jr., of States. PFC Theron V. Hobbs, of Albany, GA; Beaumont, TX; Now, thanks to the work of some SPC Adam M. Wenger, of Waterford, CPT Bruno G. Desolenni, of Crescent dedicated men and women in the De- MI; City, CA; partment of Defense, Major McElroy’s SGT Daniel W. Wallace, of Dry Ridge, SSG Matthew J. Taylor, of Charles- remains have been identified. Along KY; ton, SC; with the rest of his flight crew, Major PFC Bradley S. Coleman, of PO3 Matthew J. O’Bryant, of Duluth, McElroy will return from Vietnam and Martinsville, VA; GA; join the honored few who rest in Ar- SSG Scott J. Metcalf, of Fra- SSG Nathan M. Cox, of Walcott, IA; lington National Cemetery. mingham, MA; PVT Joseph F. Gonzales, of Tucson, Born in Eminence, KY, in 1932, Major 1LT Trevor J. Yurista, of Pleasant AZ; McElroy served his country in the Valley, NY; SGT Jerome C. Bell Jr., of Auburn, Armed Forces for 12 years. Several SSG Kevin D. Grieco, of Bartlett, IL; NY; months after his tragic death, he was SGT Nicholas A. Casey, of Canton, SSG Brandon W. Farley, of Grand posthumously awarded the Distin- OH; Prairie, TX; guished Flying Cross, the Air Medal PFC Cody J. Eggleston, of Eugene, SSG Jason A. Vazquez, of Chicago, and the Purple Heart for his valor in OR; IL; uniform. LCpl San Sim, of Santa Ana, CA; 1LT Mohsin A. Naqvi, of Newburgh, At that medal ceremony were Major CPL Adrian Robles, of Scottsbluff, NY; McElroy’s three children—Russell Lee NE; CPT Bruce E. Hays, of Cheyenne, McElroy, Mary McElroy Tucker, and SSgt Brian P. Hause, of Stoystown, WY; Linda Anne McElroy Starnes. Russell, PA; SGT Joshua W. Harris, of the oldest, was just 14 years old at the SGT Deon L. Taylor, of Bronx, NY; Romeoville, IL; time. LCpl Stacy A. Dryden, of North Can- MAJ Rodolfo I. Rodriguez, of El Now every one of them is older than ton, OH; Paso, TX; their father ever was. And now it’s MAJ Robert D. Lindenau, of Camano 1LT Robert Vallejo II, of Richland their turn to take care of the father Island, WA; Hills, TX; who cared for them, by seeing him laid SPC Heath K. Pickard, of Palestine, CPL Michael E. Thompson, of to rest this December 18 in a hero’s TX; Harrah, OK; CWO Brady J. Rudolf, of Oklahoma grave. SPC Justin A. Saint, of Albertville, City, OK; Our Nation and the Commonwealth AL; SGM Julio C. Ordonez, of San Anto- of Kentucky cannot be grateful enough SGT Federico G. Borjas, of San nio, TX; for MAJ John Lee McElroy’s service Diego, CA; SSG Anthony L. Mason, of and immense sacrifice. We owe the SGT John M. Penich, of Beach Park, Springtown, TX; McElroy family a debt that cannot be IL; SGT Daniel M. Eshbaugh, of Norman, repaid, because he died defending all of SPC Cory J. Bertrand, of Center, TX; OK; us and our freedoms. SPC Stephen R. Fortunato, of CWO Corry A. Edwards, of Kennedale, I know the entire U.S. Senate joins Danvers, MA; me in expressing comfort and pride TX; SGT Preston R. Medley, of Baker, LTC James L. Wiley, of North Bend, that this courageous airman has fi- FL; nally returned home. It is never too OR; SPC Christopher A. McCraw, of Co- CPT Darrick D. Wright, of Nashville, late to honor our heroes. And it is lumbia, MS; never too late for one Kentucky family TN; CPL Scott G. Dimond, of Franklin, PFC Leonard J. Gulczynski I, of to say their farewells and see a hero NH; rest in peace. Carol Stream, IL; SGT Michael K. Clark, of Sac- HM3 Eichmann A. Strickland, of Ar- f ramento, CA; lington, WA; HONORING OUR ARMED FORCES SPC Geoffrey G. Johnson, of Lub- LTC Ralph J. Marino, of Houston, bock, TX; PA; Mr. LAUTENBERG. Mr. President, SGT Reuben M. Fernandez III, of Abi- another 4 months have passed, and PVT Michael W. Murdock, of lene, TX; Chocowinity, NC; more American troops have lost their CPL Jason A. Karella, of Anchorage, lives overseas in Iraq and Afghanistan. SGT Wesley R. Durbin, of Hurst, TX; AK; SSG Darris J. Dawson, of Pensacola, I wish to memorialize their service and COL Michael R. Stahlman, of Chevy sacrifice by including their names in FL; Chase, MD; CWO Michael Slebodnik, of Gibsonia, the CONGRESSIONAL RECORD. SGT William P. Rudd, of Madison- Since I last included the names of PA; ville, KY; our fallen troops on July 15, the Pen- SFC Daniel R. Sexton, of Wentzville, SPC Jason E. von Zerneck, of Char- tagon has announced the deaths of 162 MO; lotte, NC; troops in Iraq and in Operation Endur- SPC Marques I. Knight, of San Juan PFC Tavarus D. Setzler, of Jackson- ing Freedom, which includes Afghani- Capistrano, CA; ville, FL; stan. They will not be forgotten and CPO Jason Richard Freiwald, of Ar- SPC Christopher A. Bartkiewicz, of today I submit their names into the mada, MI; Dunfermline, IL; SCPO John Wayne Marcum, of Flush- RECORD: CPT Richard G. Cliff Jr., of Mount CPL Aaron M. Allen, of Buellton, CA; ing, MI; CWO Christian P. Humphreys, of Pleasant, SC; CPT Jesse Melton III, of Fallon, NV; SFC Jamie S. Nicholas, of Maysel, Randallstown, MD; CWO Donald V. Clark, of Memphis, WV; 1LT Nicholas A. Madrazo, of Bothell, TN; SFC Gary J. Vasquez, of Round Lake, WA; SGT Jonnie L. Stiles, of Highlands IL; PVT Vincent C. Winston Jr., of St. Ranch, CO; SPC Christopher T. Fox, of Memphis, Louis, MO; SGT James M. Clay, of Mountain TN; PVT Michael R. Dinterman, of Home, AR; PFC Jamel A. Bryant, of Belleville, Littlestown, PA; SPC Corey M. Shea, of Mansfield, IL; PVT Jordan P. P. Thibeault, of South MA; SGT William E. Hasenflu, of Bra- Jordan, UT; SGT Jose Regalado, of Los Angeles, denton, FL; PFC Bryan R. Thomas, of Battle CA; CPT Michael J. Medders, of Ohio; Creek, MI; SPC Armando A. De La Paz, of River- SSG Ronald Phillips Jr., of Conway, SSG Kenneth W. Mayne, of Fort side, CA; SC; Benning, GA;

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.001 S20NOPT1 jbell on PROD1PC69 with SENATE S10712 CONGRESSIONAL RECORD — SENATE November 20, 2008 SFC Gregory A. Rodriguez, of PFC Jennifer L. Cole, of American Arifjan, Kuwait, of injuries suffered in Weidman, MI; Canyon, CA; a vehicle incident. Sergeant Cervantes PFC Patrick W. May, of Jamestown, SPC Andre D. Mitchell, of Elmont, Ramirez was assigned to the 2nd Trans- NY; NY; portation Company, National Training PO1 Joshua Harris, of Lexington, NC; SPC David J. Badie, of Rockford, IL; Center Support Brigade, Fort Irwin, SPC Steven J. Fitzmorris, of Colum- 2LT Michael R. Girdano, of Pennsyl- CA. He was from Fort Irwin, CA. bia, MO; vania; SPC William T. Dix, 32, died April 27 SPC Jorge L. Feliz Nieve, of Queens SPC William J. Mulvihill, of Leaven- at Camp Buehring, Kuwait, of injuries Village, NY; worth, KS; suffered in a noncombat related inci- SPC Carlo E. Alfonso, of Spokane, PVT Jair De Jesus Garcia, of dent. Specialist Dix was assigned to WA; Chatsworth, CA; the 14th Engineer Battalion, 555th En- SPC Michael L. Gonzalez, of SPC Kevin R. Dickson, of Steelville, gineer Brigade, I Corps, Fort Lewis, Spotswood, NJ; MO; WA. He was from Culver City, CA. SGT David K. Cooper, of Williams- SGT James A. McHale, of Fairfield, SGT Merlin German, 22, died April 11 burg, KY; MT; at Brooke Army Medical Center, San PFC Tan Q. Ngo, of Beaverton, OR; SSGT Faoa L. Apineru, of Yorba Antonio, TX, from wounds he suffered SSG Brian E. Studer, of Ramsey, MN; Linda, CA; while conducting combat operations in SSG David L. Paquet, of Rising Sun, SPC Seteria L. Brown, of Orlando, Al Anbar province, Iraq, on February MD; FL; 22, 2005. Sergeant German was assigned SFC David J. Todd Jr., of Marrero, PFC Ivan I. Wilson, of Clearlake, CA; to the 5th Battalion, 11th Marine Regi- LA; 1LT Nick A. Dewhirst, of Onalaska, ment, 1st Marine Division, I Marine SFC George Stanciel, of Greenwood, WI; Expeditionary Force, Camp Pendleton, MS; SSGT Danny P. Dupre, of Lockport, CA, while deployed in support of Oper- SGT Nickolas Lee Hopper, of LA; ation Iraqi Freedom. Sergeant Ger- BM3 Daniel R. Verbeke, of Exton, Montrose, IL; man’s parent unit was the 2nd Bat- PA; LCpl Travis M. Stottlemyer, of Hat- talion, 11th Marine Regiment, 1st Ma- PFC Willington M. Rhoads, of Las field, PA; rine Division, I Marine Expeditionary Vegas, NV; PFC Jonathon L. Luscher, of Scran- Force, Camp Pendleton, CA. He was 1LT Jason D. Mann, of Woodlynne, ton, PA; medically retired September 28, 2007, as NJ; a result of his injuries. 1LT Donald C. Carwile, of Oxford, TSgt Jackie L. Larsen, of Tacoma, MS; SSG Bryan E. Bolander, 26, died April WA; 29 in Baghdad from wounds suffered PFC Paul E. Conlon Jr., of Somer- LCpl Jeffery S. Stevenson, of New- ville, MA; when his vehicle struck an improvised ton, NJ; explosive device. Staff Sergeant PVT Janelle F. King, of Merced, CA; SSG David W. Textor, of Roanoke, SSG Kristopher D. Rodgers, of Bolander was assigned to the 1st Bat- VA; talion, 502nd Infantry Regiment, 2nd Sturgis, MI; SSG Jeremy D. Vrooman, of Sioux CPL Anthony G. Mihalo, of Brigade Combat Team, 101st Airborne Falls, SD; Division, Air Assault, Fort Campbell, Naperville, IL; 1LT Jonathan P. Brostrom, of Ha- LCpl Juan Lopez-Castaneda, of Mesa, KY. He was from Bakersfield, CA. waii; SGT Glen E. Martinez, 31, died May 2 AZ; SGT Israel Garcia, of Long Beach, in Al Anbar province, Iraq, supporting LCpl Jacob J. Toves, of Grover CA; combat operations. Sergeant Martinez Beach, CA; CPL Jonathan R. Ayers, of Snellville, was assigned to the Combat Logistics PFC Daniel A. C. McGuire, of Mash- GA; Battalion 1, Combat Logistics Regi- pee, MA; CPL Jason M. Bogar, of Seattle, WA; ment 1, 1st Marine Logistics Group, I CPL James M. Hale, of Naperville, CPL Jason D. Hovater, of Clinton, Marine Expeditionary Force, Camp IL; TN; Pendleton, CA. SGT Michael H. Ferschke Jr., of CPL Matthew B. Phillips, of Jasper, LCpl James F. Kimple, 21, died May 2 Maryville, TN; GA; in Al Anbar province, Iraq, supporting CPL Adam T. McKiski, of Cherry CPL Pruitt A. Rainey, of Haw River, combat operations. Lance Corporal Valley, IL; NC; Kimple was assigned to the Combat Lo- CPL Stewart S. Trejo, of Whitefish, CPL Gunnar W. Zwilling, of gistics Battalion 1, Combat Logistics MT; Florissant, MO; Regiment 1, 1st Marine Logistics PFC John A. Mattox, of Daingerfield, SPC Sergio S. Abad, of Morganfield, Group, I Marine Expeditionary Force, TX; KY. Camp Pendleton, CA. SGT Kenneth B. Gibson, of We cannot forget these men and CPL Miguel A. Guzman, 21, died May Christiansburg, VA; women and their sacrifice. These brave 2 in Al Anbar province, Iraq, sup- SGT Jose E. Ulloa, of New York, NY; souls left behind parents and children, porting combat operations. Corporal PO2 Anthony M. Carbullido, of Agat, siblings, and friends. We want them to Guzman was assigned to the Combat GU; know the country pledges to preserve Logistics Battalion 1, Combat Logis- MSG Danny E. Maybin, of Columbia, the memory of our lost soldiers who tics Regiment 1, 1st Marine Logistics SC; gave their lives for our country. Group, I Marine Expeditionary Force, SGT Errol M. James, of St. Croix, VI; Mrs. BOXER. Mr. President, today I Camp Pendleton, CA. He was from Nor- SPC Ronald A. Schmidt, of Newton, rise to pay tribute to 28 young Ameri- walk, CA. KS; cans who have been killed in Iraq since LCpl Casey L. Casanova, 22, died May PVT Timothy J. Hutton, of Dillon, April 16. This brings to 859 the number 2 in Al Anbar province, Iraq, sup- MT; of service members either from Cali- porting combat operations. Lance Cor- CAPT Garrett T. Lawton, of Charles- fornia or based in California that have poral Casanova was assigned to the ton, WV; been killed while serving our country Combat Logistics Battalion 1, Combat SGT Gary M. Henry, of Indianapolis, in Iraq. This represents 20 percent of Logistics Regiment 1, 1st Marine Lo- IN; all U.S. deaths in Iraq. gistics Group, I Marine Expeditionary SPC Jonathan D. Menke, of Madison, PO1 Cherie L. Morton, 40, died April Force, Camp Pendleton, CA. IN; 20 in Galali, Muharraq, Bahrain. Petty PFC Aaron J. Ward, 19, died May 6 in SGT Jaime Gonzalez Jr., of Austin, Officer 1st Class Morton was assigned Al Anbar, Iraq, of wounds suffered TX; to Naval Security Force, Naval Sup- when his unit came under small arms SSG Brian K. Miller, of Pendleton, port Activity Bahrain. She was from fire while conducting cordon and IN; Bakersfield, CA. search operations. Private First Class SGT Ryan P. Baumann, of Great SGT Guadalupe Cervantes Ramirez, Ward was assigned to the 170th Mili- Mills, MD; 26, died on April 23, 2008, in Camp tary Police Company, 504th Military

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.038 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10713 Police Battalion, 42nd Military Police a noncombat related incident. Private Afghanistan, of wounds suffered when Brigade, Fort Lewis, WA. He was from First Class Cole was assigned to the his vehicle encountered an improvised San Jacinto, CA. 426th Support Battalion, 1st Brigade explosive device. Senior Airman Yelner SPC Mary J. Jaenichen, 20, died May Combat Team, 101st Airborne Division, was assigned to the 28th Aircraft Main- 9 in Iskandariyah, Iraq, of a noncombat Air Assault, Fort Campbell, KY. She tenance Squadron, Ellsworth Air Force related injury. Specialist Jaenichen was from American Canyon, CA. Base, South Dakota. He was from La- was assigned to the Brigade Troops CPL Adam T. McKiski, 21, died Au- fayette, CA. Battalion, 2nd Brigade Combat Team, gust 7 while supporting combat oper- SFC David L. McDowell, 30, died on 3rd Infantry Division, Fort Stewart, ations in Anbar Province, Iraq. Cor- April 29, in Bastion, Afghanistan, of in- GA. She was from Temecula, CA. poral McKiski was assigned to the 1st juries sustained when he received small SSG Frank J. Gasper, 25, died May 25 Maintenance Battalion, 1st Marine Lo- arms fire. Sergeant First Class in Najaf, Iraq, of wounds suffered when gistics Group, I Marine Expeditionary McDowell was assigned to C Company, his vehicle encountered an improvised Force, Camp Pendleton, CA. 2nd Battalion, 75th Ranger Regiment, explosive device. Staff Sergeant Gasper CPL Stewart S. Trejo, 25, died Au- Fort Lewis, WA. He was from Ramona, was assigned to the 3rd Battalion, 10th gust 7 while supporting combat oper- CA. Special Forces Group, Fort Carson, CO. ations in Anbar Province, Iraq. Cor- SPC Christopher Gathercole, 21, died He was from Merced, CA. poral Trejo was assigned to the 1st May 26 in Ghazni, Afghanistan, of SGT Cody R. Legg, 23, died June 4 in Maintenance Battalion, 1st Marine Lo- wounds suffered from small arms fire Tikrit, Iraq, of wounds suffered in gistics Group, I Marine Expeditionary during combat operations. Specialist Sharqat, Iraq, when his unit was at- Force, Camp Pendleton, CA. Gathercole was assigned to the 2nd tacked by enemy forces using small PVT Janelle F. King, 23, died August Battalion, 75th Ranger Regiment, Fort arms fire and hand grenades. Sergeant 14 in Baghdad, Iraq, of injuries suffered Lewis, WA. He was from Santa Rosa, Legg was assigned to the 1st Battalion, in a non-combat related incident. Pri- CA. 87th Infantry Regiment, 1st Brigade vate King was assigned to the 115th PFC Chad M. Trimble, 29, died May Combat Team, 10th Mountain Division, Combat Support Hospital, Fort Polk, 28, near Gardez, Afghanistan, of wounds Light Infantry, Fort Drum, NY. He was LA. She was from Merced, CA. suffered when his vehicle encountered from Escondido, CA. COL Michael R. Stahlman, 45, died an improvised explosive device. Private SGT John D. Aragon, 22, died June 12 October 5 from injuries sustained in a First Class Trimble was assigned to the in Kadamiyah, Iraq, of wounds suffered July 31 nonhostile incident in Anbar 1st Squadron, 61st Cavalry Regiment, when his vehicle encountered an impro- province, Iraq. Colonel Stahlman was 4th Brigade Combat Team, 101st Air- vised explosive device. Sergeant Ara- assigned to Headquarters Battalion, borne Division, Air Assault, Fort gon was assigned to the 1st Squadron, Marine Corps Air Ground Combat Cen- Campbell, KY. He was from West Co- 75th Cavalry Regiment, 2nd Brigade ter, Twentynine Palms, CA. vina, CA. Combat Team, 101st Airborne Division, SGT Michael K. Clark, 24, died Octo- SFC David Nunez, 27, died May 29 in Air Assault, Fort Campbell, KY. He ber 7 in Mosul, Iraq, of wounds suffered Shewan, Afghanistan, of wounds suf- was from Antioch, CA. when he encountered small arms fire SSG Du Hai Tran, 30, died June 20 in while on dismounted patrol. Sergeant fered when he encountered small arms Baqubah, Iraq, of wounds suffered when Clark was assigned to the 1st Bat- fire while conducting combat oper- an improvised explosive device deto- talion, 8th Infantry Regiment, 3rd Bri- ations. Sergeant First Class Nunez was nated near his unit while on patrol dur- gade Combat Team, 4th Infantry Divi- assigned to the 3rd Battalion, 7th Spe- ing combat operations. Staff Sergeant sion, Fort Carson, CO. He was from cial Forces Group, Fort Bragg, NC. He Tran was assigned to the Fires Squad- Sacramento, CA. was from Los Angeles, CA. ron, 2nd Stryker Cavalry Regiment, LCpl Stacy A. Dryden, 22, died Octo- PFC Michael Robert Patton, 19, died Vilseck, Germany. He was from ber 19 from injuries sustained in a non- June 14 while supporting combat oper- Reseda, CA. hostile incident in Anbar province, ations in Farah Province, Afghanistan. SGT Alejandro A. Dominguez, 24, Iraq. Lance Corporal Dryden was as- Private First Class Patton was as- died June 25 in Mosul, Iraq, from signed to 1st Supply Battalion, 1st Ma- signed to 2nd Battalion, 7th Marines, wounds suffered when his vehicle en- rine Logistics Group, Camp Pendleton, 1st Marine Division, I Marine Expedi- countered an improvised explosive de- CA. tionary Force, Twentynine Palms, CA. vice on June 24. Sergeant Dominguez SPC Armando A. De La Paz, 21, died PFC Dawid Pietrek, 24, died June 14 was assigned to the 1st Squadron, 3rd November 13 in Baghdad, of injuries while supporting combat operations in Armored Cavalry Regiment, Fort Hood, sustained during a vehicle rollover. Farah Province, Afghanistan. Private TX. He was from San Diego, CA. Specialist De La Paz was assigned to First Class Pietrek was assigned to 2nd LCpl Jeffery S. Stevenson, 20, died the 3rd Battalion, 29th Field Artillery Battalion, 7th Marines, 1st Marine Di- July 13 from a nonhostile incident in Regiment, 3rd Brigade Combat Team, vision, I Marine Expeditionary Force, Al Anbar Province, Iraq. Lance Cor- 4th Infantry Division, Fort Carson, CO. Twentynine Palms, CA. poral Stevenson was assigned to the He was from Riverside, CA. LCpl Layton Bradly Crass, 22, died 7th Engineer Support Battalion, 1st SGT Jose Regalado, 23, died Novem- June 14 while supporting combat oper- Marine Logistics Group, I Marine Expe- ber 12 in Mosul, Iraq, when an Iraqi ations in Farah Province, Afghanistan. ditionary Force, Camp Pendleton, CA. Army soldier wearing a uniform ap- Lance Corporal Crass was assigned to SSG Faoa L. Apineru, 31, died July 2, proached him and opened fire. Sergeant 2nd Battalion, 7th Marines, 1st Marine 2007, from wounds sustained while sup- Regalado was assigned to the 3rd Division, I Marine Expeditionary porting combat operations in Al Anbar Squadron, 3rd Armored Cavalry Regi- Force, Twentynine Palms, CA. province, Iraq. Staff Sergeant Apineru ment, Fort Hood, TX. He was from Los SGT Michael Toussiant-Hyle Wash- was assigned to Headquarters Com- Angeles, CA. ington, 20, died June 14 while sup- pany, 23rd Marines, 4th Marine Divi- CPL Aaron M. Allen, 24, died Novem- porting combat operations in Farah sion, Marine Forces Reserve. He was ber 14 while supporting combat oper- Province, Afghanistan. Sergeant Wash- wounded on May 15, 2005. After his ations in Anbar Province, Iraq. Cor- ington was assigned to 2nd Battalion, death on July 2, 2007, the initial med- poral Allen was assigned to 1st Bat- 7th Marines, 1st Marine Division, I Ma- ical examiner concluded that Staff Ser- talion, 4th Marines, 1st Marine Divi- rine Expeditionary Force, Twentynine geant Apineru did not die from injuries sion, Camp Pendleton, CA. He was from Palms, CA. sustained during his deployment, but a Buellton, CA. Hospitalman Marc A. Retmier, 19, subsequent opinion by the Armed I would also like to pay tribute to died June 18 as a result of wounds suf- Forces Institute of Pathology indicated the 29 soldiers from California who fered from an enemy rocket attack in that his death was a result of his inju- have died while serving our country in northern Paktika Province, Afghani- ries sustained in Iraq. He was from Operation Enduring Freedom since stan. Hospitalman Retmier was as- Yorba Linda, CA. April 16. signed to Provincial Reconstruction PFC Jennifer L. Cole, 34, died August Senior Airman Jonathan A.V. Team Sharana in Afghanistan. He was 2 in Bayji, Iraq, of injuries suffered in Yelner, 24, died April 29 near Bagram, from Hemet, CA.

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.006 S20NOPT1 jbell on PROD1PC69 with SENATE S10714 CONGRESSIONAL RECORD — SENATE November 20, 2008 LCpl Andrew Francis Whitacre, 21, LCpl Jacob J. Toves, 27, died August 8, 2008, when an improvised explosive died June 19 while conducting combat 14 while supporting combat operations device detonated near his vehicle. He operations in Farah Province, Afghani- in Helmand Province, Afghanistan. was 38 years old. stan. Lance Corporal Whitacre was as- Lance Corporal Toves was assigned to A native of Tennessee, Staff Sergeant signed to 2nd Battalion, 7th Marine the 3rd Combat Engineer Battalion, 3rd Walker joined the Army in 1990. He Regiment, 1st Marine Division, I Ma- Marine Division, III Marine Expedi- served in Bosnia from 1999 to 2000, Ku- rine Expeditionary Force, Twentynine tionary Force, Okinawa, Japan. He was wait in 2001, and also served two tours Palms, CA. from Grover Beach, CA. of duty in support of Operation Iraqi CPT Eric Daniel Terhune, 34, died SPC Marques I. Knight, 24, died Sep- Freedom. During his most recent de- June 19 while conducting combat oper- tember 6 in Aliabad, Afghanistan, of ployment, Staff Sergeant Walker, a ations in Farah Province, Afghanistan. wounds suffered when he received small combat medic himself, was actively in- Captain Terhune was assigned to 2nd arms fire while on dismounted patrol. volved in training Iraqis to treat com- Battalion, 7th Marine Regiment, 1st Specialist Knight was assigned to the bat wounds on the battlefield, and he Marine Division, I Marine Expedi- 1st Battalion, 26th Infantry Regiment, served as the medical material coordi- tionary Force, Twentynine Palms, CA. 3rd Brigade Combat Team, 1st Infantry nator for the Iraqi Security Forces lo- Hospitalman Dustin Kelby Burnett, Division, Fort Hood, TX. He was from gistics coordination team, which teach- 19, died June 20 while conducting com- San Juan Capistrano, CA. es Iraqi police officers and soldiers how bat operations in Farah Province, Af- SGT Jerome C. Bell Jr., 29, died Sep- to track and receive medical supplies. ghanistan. Hospitalman Burnett was tember 19 while supporting combat op- Throughout his 18 years of service, assigned to First Marine Division De- erations in Farah Province, Afghani- and in every capacity, Staff Sergeant tachment, Twentynine Palms, CA. stan. Sergeant Bell was assigned to 2nd Walker distinguished himself through SGT Matthew E. Mendoza, 24, died Battalion, 7th Marine Regiment, 1st his courage, his dedication to duty, and June 20 while conducting combat oper- Marine Division, I Marine Expedi- his willingness to take on any chal- ations in Helmand Province, Afghani- tionary Force, Twentynine Palms, CA. lenge—no matter how dangerous, no stan. Sergeant Mendoza was assigned CPT Bruno G. Desolenni, 32, died matter how big or small. His extraor- to 2nd Battalion, 7th Marine Regiment, September 20 in Kandahar, Afghani- dinary bravery and talent earned him 1st Marine Division, I Marine Expedi- stan, of wounds sustained when an im- more than 20 awards and medals, in- tionary Force, Twentynine Palms, CA. provised explosive device detonated cluding the Purple Heart, the Bronze SGT Ryan J. Connolly, 24, died June near his vehicle. Captain Desolenni was Star, and the Meritorious Service 24 in Khogyani, Afghanistan, of wounds assigned to the Joint Forces Head- Medal. suffered when his vehicle struck a sus- quarters, Element Training Team, Or- Staff Sergeant Walker is remembered pected landmine. Sergeant Connolly egon Army National Guard. He was by those who knew him as a consum- was assigned to the 173rd Special from Crescent City, CA. mate professional and friend who they Troops Battalion, 173rd Airborne Bri- Cpl Jason A. Karella, 20, died October could turn to in times of need, and who gade Combat Team, Bamberg, Ger- 9 while supporting combat operations they could always count on to raise many. He was from Vacaville, CA. in Farah Province, Afghanistan. Cor- SSGT Christopher D. Strickland, 25, their spirits in times of sadness. They poral Karella was assigned to the 2nd died June 25, while supporting combat recall his knack for giving people nick- Battalion, 7th Marine Regiment, 1st operations in Helmand Province, Af- names, and the infectiousness of his ghanistan. Staff Sergeant Strickland Marine Division, I Marine Expedi- laughter. And, most of all, they re- was assigned to 1st Marine Logistics tionary Force, Twentynine Palms, CA. member his devotion to his wife and SGT Federico G. Borjas, 33, died Oc- Group, I Marine Expeditionary Force, children, and to his country. tober 16 in Bermel District Center, Af- The Greek historian Thucydides Camp Pendleton, CA. SGT James M. Treber, 24, died June ghanistan, of wounds suffered from wrote that ‘‘the bravest are surely 29 in Khosrow-E Sofla, Afghanistan, small arms fire during a dismounted those who have the clearest vision of from injuries sustained when his vehi- patrol. Sergeant Borjas was assigned to what is before them, glory and danger cle rolled into a canal. Sergeant Treber 416th Civil Affairs Battalion, 351st Civil alike, and yet notwithstanding, go out was assigned to 1st Battalion, 7th Spe- Affairs Command, San Diego, CA. He to meet it.’’ Throughout our Nation’s cial Forces Group, Airborne, Fort was from San Diego, CA. history, the bravest have gone out to Bragg, NC. He was from Imperial LCpl San Sim, 23, died October 22 meet every danger that has imperiled Beach, CA. while supporting combat operations in our way of life. They stormed the SGT Israel Garcia, 24, died July 13 in Helmand Province, Afghanistan. Lance beaches of Normandy and Iwo Jima Wanat, Afghanistan, of wounds suffered Corporal Sim was assigned to 1st Bat- facing long odds, and now, in 2008, they when his outpost was attacked by talion, 7th Marines, 1st Marine Divi- traverse the mountains of Afghanistan small arms fire and rocket propelled sion, I Marine Expeditionary Force, and navigate the cities of Iraq under grenades from enemy forces. Sergeant Twentynine Palms, CA. He was from constant threat of insurgent attacks. Garcia was assigned to the 2nd Bat- Santa Ana, CA. The bravest have kept us safe and talion, 503d Infantry Regiment, Air- Cpl Adrian Robles, 21, died October 22 strong. They will always make us borne, 173rd Airborne Brigade Combat while supporting combat operations in proud. Team, Vicenza, Italy. He was from Helmand Province, Afghanistan. Cor- Staff Sergeant Walker’s service was Long Beach, CA. poral Robles was assigned to 2nd Bat- in keeping with this American tradi- PFC Ivan I. Wilson, 22, died July 21 talion, 7th Marine Regiment, 1st Ma- tion. At substantial personal risk, he while supporting combat operations in rine Division, I Marine Expeditionary braved the chaos of combat zones Helmand Province, Afghanistan. Pri- Force, Twentynine Palms, CA. throughout the world to attend to the vate First Class Wilson was assigned to 1LT Trevor J. Yurista, 32, died Octo- injuries of his men. And though their the 2nd Battalion, 7th Marines, 1st Ma- ber 27 while supporting combat oper- fate on the battlefield was uncertain, rine Division, I Marine Expeditionary ations in Helmand Province, Afghani- his men knew that, in Staff Sergeant Force, Twentynine Palms, CA. He was stan. First Lieutenant Yurista was as- Walker, they were in good hands. For from Clearlake, CA. signed to 5th Marine Regiment, 1st Ma- the lives he saved, and for the lives he PFC Jair De Jesus Garcia, 29, died rine Division, I Marine Expeditionary touched, Staff Sergeant Walker will be August 1 in Chowkay Valley, Afghani- Force, Camp Pendleton, CA. forever remembered as one of the brav- stan, from wounds sustained when his STAFF SERGEANT TIMOTHY H. WALKER est. vehicle encountered an improvised ex- Mr. SALAZAR. Mr. President, it is To Staff Sergeant Walker’s mother plosive device. Private First Class Gar- with a heavy heart that I rise today to Barbara, his father Wayne, his wife cia was assigned to the 6th Squadron, honor the life and heroic service of Dawn, his children Gregory and Madi- 4th Cavalry Regiment, 3rd Brigade SSG Timothy H. Walker. Staff Ser- son, his sister Shelly, and all his Combat Team, 1st Infantry Division, geant Walker, a member of the 4th In- friends and family, I cannot imagine Fort Hood, TX. He was from fantry Division at Fort Carson, was the sorrow you must be feeling. I hope Chatsworth, CA. killed in Sadr City, Iraq on November that, in time, the pain of your loss is

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.008 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10715 assuaged by your pride in Tim’s service your loss is assuaged by your pride in poral Robles received three good con- to his country and by your knowledge Jon’s service to his country and by duct medals—an unusual achievement that his country will never forget him. your knowledge that his country will for such a young marine—as well as We are humbled by his service and his never forget him. We are humbled by medals for his service in Iraq and Af- sacrifice. his service and his sacrifice. ghanistan. He served as a rifleman, the SERGEANT JON L. STILES SPECIALIST JAMES CLAY backbone of the Marine Corps. Origi- Mr. President, it is with a heavy Mr. PRYOR. Mr. President, Arkansas nally deployed to help train Afghan heart that I rise today to honor the life is grieving for a young hero, a coura- Army recruits, his unit’s mission and heroic service of Sergeant Jon L. geous soldier who was serving in Iraq changed as the security situation dete- Stiles. Sergeant Stiles, assigned to the as a member of the 224th Maintenance riorated; and Corporal. Robles was ‘‘in 927th Engineer Company, 769th Engi- Company. This team keeps our troops the fight’’ right to the end. neer Battalion, was killed on November safe and their equipment and vehicles Fully aware of the dangers he faced, 13, 2008, when an improvised explosive running. It is a mission paramount to Corporal Robles made the courageous device detonated near his patrol in our soldiers’ success. choice to serve his country and help Shubhuyan, Afghanistan. He was 38 A member of the National Guard for the people of Iraq and Afghanistan years old. almost 7 years, SPC James Clay of achieve peace and security. He made Sergeant Stiles grew up in Highlands Mountain Home, AR, showed great the ultimate sacrifice so that others Ranch, CO, and after graduating from commitment and patriotism through- might enjoy the freedoms he had high school, spent nearly 13 years in out his assignment with the 2nd Bat- known all his life. the U.S. Marine Corps and 2 years in talion, 153rd Infantry Regiment, 39th Corporal Robles represents all that the Army. Two years following his dis- Brigade Combat team. Of his service, we have to be proud of in our Armed charge, he moved back to Colorado, MG William Wofford, adjutant general Forces. I commend his bravery and joined the Colorado National Guard, of the Arkansas National Guard re- selflessness while offering my deepest and was deployed to Afghanistan, calls, ‘‘He was called to serve, and he condolences to the family members he where he worked to clear transpor- answered that call with valiant service. left behind. It is small comfort for tation routes of IEDs and insurgents in He was a true patriot and will not soon those who must now go on without one support of Operation Enduring Free- be forgotten.’’ they loved so dearly, but they know dom. Specialist Clay’s untimely death has that Corporal Robles gave his life for a This past October, Sergeant Stiles brought me to the Senate floor today, noble goal. I join all Nebraskans—in- saved the lives of three fellow soldiers but I want to take a minute to honor deed, all Americans—in mourning the when he rescued them from underneath his life. He overcame major obstacles loss of such a fine young man. a burning vehicle that was struck by a in his personal life, including the death f suicide bomber, an act of incredible of both his parents, yet he graduated bravery that earned him the Bronze from Cotter High School in 2002 where TRIBUTE TO SENATORS Star. He suffered serious damage to his teachers describe him as outstanding, GORDON SMITH lungs and vocal chords as a result of considerate, and spirited. Friends re- Mr. HATCH. Mr. President. I thank this incident, but instead of taking member Specialist Clay as a role model you for the opportunity today to pay medical leave, he insisted on returning who persevered with dignity and hu- tribute to a very special man, caring to battle. He believed strongly in our manity. Everyone who knew this husband and father, and great Senator mission in Afghanistan, cared deeply young hero recalled his great smile and GORDON SMITH. for his men, and wanted to make a dif- his compassion for others. It is no sur- Sadly, he will be leaving this august ference. prise that he died fighting for the peace body soon and returning to private life. Sergeant Stiles’ friends and family and security of others. The United States Senate will be losing remember him as a soldier’s soldier My prayers go out to Specialist a great leader, a man of high integrity, with a passion for military service in Clay’s family and friends, particularly and a true statesman. his DNA. He was an avid outdoorsman his high school sweetheart and wife, GORDON joined the United States known to brave sub-zero temperatures Mellissa Clay. During his second Inau- Senate in January 1997, after winning to get in a day of fishing. He was gen- gural Address, Abraham Lincoln an election as a rural conservative in a erous with hugs and incredibly loyal to pledged, ‘‘to care for him who shall State defined by a more liberal land- his friends. He was a loving husband have borne the battle and for his widow scape. After his election, Senator who wanted to live peacefully with his and his orphans.’’ Mrs. Clay, we will SMITH quickly made his mark as some- wife in the mountains of Colorado. And never forget the sacrifice of your loved one both sides of the aisle could work he was a proud American willing to one, and we work to honor his memory, with for the good of his State and our sacrifice everything in defense of the courage, and service to our great Na- Nation. He displayed the characteris- country he held dear. tion. tics of what I believe makes a truly Adlai Stevenson once asked, ‘‘what CORPORAL ADRIAN ROBLES great Senator—someone who is willing do we mean by patriotism in the con- Mr. NELSON of Nebraska. Mr. Presi- to roll up his sleeves and battle for text of our times? I venture to suggest dent, I rise today to honor Marine Cpl what he believes is right. that what we mean is a sense of na- Adrian Robles, who was killed in ac- His commitment to Oregon was ex- tional responsibility . . . a patriotism tion in Afghanistan on October 22, 2008. emplary. He focused on issues that which is not short, frenzied outbursts Corporal Robles, who was a native of were critical to the citizens of his of emotion, but the tranquil and steady Scottsbluff, NE, was assigned to the State including education, health care, dedication of a lifetime.’’ Sergeant Second Battalion, 7th Regiment, 1st natural resources, and bridging the Stiles felt this sense of responsibility Marine Division, I Marine Expedi- rural-urban divide. Along the way he at a young age and served with the tionary Force, based at Twentynine displayed a true independent streak, steady dedication that reminds us of Palms, CA. He had worked his whole bucking his party when he believed he what it is to be a true patriot. In his life to become a marine. At age 16, Cor- needed to go a different direction for memory, and with his inspiration, may poral Robles told his parents about his the good of those he represented. we all continue to work to make our plans to enlist and, at 17, asked that Senator SMITH’s leadership and abili- union more perfect, and our world safer they sign forms which would allow him ties were greatly appreciated by the for all. to join before his 18th birthday. His committee members he served with, To Sergeant Stiles’ mother Linda, parents told him to wait, so he finished and the positions he was asked to as- his father Lynn, his wife Launa, his high school and then enlisted imme- sume. As chairman of the Senate Spe- sister Natalie, his brother Charles, his diately. cial Committee on Aging he presided grandparents Maxine and Kenney, and Corporal Robles had previously over critical issues facing our Nation’s all his friends and family, I cannot served in Operation Iraqi Freedom in aging population. In addition, he made imagine the sorrow you must be feel- 2006, and was on a tour serving in Af- tremendous contributions to four addi- ing. I hope that, in time, the pain of ghanistan at the time of his death. Cor- tional committees: Commerce, Science,

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.004 S20NOPT1 jbell on PROD1PC69 with SENATE S10716 CONGRESSIONAL RECORD — SENATE November 20, 2008 and Transportation; Energy and Nat- I will miss working alongside this and he had been diving in and out of it. ural Resources; Indian Affairs; and the great Senator, and true American. By the time I had returned to the Finance Committee. However, I know that throughout his campsite, JOHN was covered head to toe He was also selected four times by life he will continue to work for the in pumice mud. Apparently, the mud the leadership of our party to become good of others in whatever endeavors was good for the skin, but at the time the Deputy Whip, an important posi- he chooses to follow. I want to wish I was unaware of this fact. tion we could all look to for guidance GORDON and his wife Sharon and their On the last day of the trip, JOHN and and support. children many years of continued suc- I were fishing on Lake Powell and I I had the distinct pleasure of trav- cess, happiness and peace as they trav- was lucky enough to catch an 8 pound eling with Senator SMITH on two occa- el life’s path together. Thank you for 60 striped bass. He was impressed with sions to Iraq to assess the situation the opportunity to honor this extraor- my catch and he asked if he could keep first-hand, visit with the troops, and dinary man. it, apparently he wanted it as a trophy. become more intimately familiar with JOHN WARNER That evening, we flew up north to an the challenges facing our country over- Mr. President, I wish to speak today event in Deer Valley, UT, but because seas. We shared a genuine interest and in honor of my good friend, the senior we didn’t have time to change after the concern in the events taking place in Senator from Virginia. As you know, flight, we showed up in our fishing that country, and I will forever be Senator WARNER is retiring at the con- clothes. JOHN strode into the fancy ski grateful to Senator SMITH for taking clusion of this the 110th Congress, and lodge to meet the shirt-and-tied crowd that journey with me. I wanted to take a moment to express sporting his jeans and carrying my fish Before joining the Senate, GORDON my appreciation for his friendship and around with him! Though I can’t be made his mark in the business world— his years of public service. certain, it sure seemed like he was assuming the helm of his family’s fro- Senator WARNER’s retirement marks proud of it. zen vegetable processing company. His the end of a career in the service of the But, seriously, Mr. President, Sen- strength and commitment steered this United States that has spanned more ator WARNER will always be remem- company to new success, and estab- than 6 decades. JOHN, having been born bered for his even-tempered nature and lished himself as a business leader with in 1927 and raised right here in Wash- for his work on behalf of our men and qualities to emulate. ington, DC, enlisted in the Navy during women in the military. He has never You can’t talk about GORDON SMITH World War II in January 1945. After the been one to follow the crowd for par- without talking about the love he has conclusion of the war, he left the mili- tisanship’s sake, always choosing to for people, especially his wonderful tary to pursue a legal education at the follow his own conscience. I must family. GORDON and his wife Sharon University of Virginia, only to rejoin admit that, over the years, JOHN and I have raised three wonderful children: have found ourselves in disagreement Brittany, Garrett, and Morgan. Even the Navy, this time with the Marines, over issues that I believed to be of vital while meeting the demands of his job, to serve in the Korean War. In 1953, he finished his legal studies importance. But he was always one to you always knew his thoughts and ac- while still serving in the Marine Corps respect the views of his colleagues in tions centered on home. During his second term in office, Reserves and spent the next 7 years as either party, even if he went a different a government attorney, first as a clerk way in the end. GORDON and Sharon had to face a trag- I wish JOHN and his wife Jeanne the edy almost impossible to bear. Their for a U.S. appeals court judge, then as best of luck in all their future endeav- son, Garrett, lost his battle with de- an assistant U.S. attorney. Senator ors. I think I speak for all my Senate pression and grief. As I watched this WARNER left the public sector in 1960 to colleagues when I say that the Senate deeply grieving father, I was so power- pursue a career in private legal prac- will be a lesser place without JOHN in fully reminded that life isn’t always tice, though it would not be long until about what happens in the walls of the he was called into service again. it. United States Capitol but it is about In 1969, he was appointed by Presi- ELIZABETH DOLE our families, our friends, and the love dent Richard Nixon to serve as the Mr. President, I wish to speak today we share with those closest to our Under Secretary of the Navy. Just over regarding Senator ELIZABETH DOLE, souls. 3 years later, he succeeded John H. who will be departing from the United Senator SMITH didn’t just let his Chafee as the Secretary of the Navy. States Senate. I have known Senator grief consume him—he took action. This, of course, was a unique era in the DOLE well and I am sure I am joined by Perhaps his proudest accomplishment history of U.S. diplomacy and, as Naval many of my colleagues in saying that in Senate service would be the passing Secretary, JOHN was involved in a num- she will be missed. of a suicide prevention law, named ber of diplomatic efforts involving the Senator DOLE has shown her enthu- after his son. This law passed unani- Soviet Union, most notably the Sea siasm and commitment firsthand mously and has made a real difference Executive Agreement. through her vast contributions over in programs across the country that JOHN’s political career began in 1978 the last 6 years. Her true courage is the are designed to help those in critical when he was elected to represent the powerful force behind her remarkable emotional need. State of Virginia in the Senate. He is public service career. Most important, I am truly grateful that I have had the second longest serving Senator in Senator DOLE can conceive and articu- the opportunity to serve with this Virginia’s history and, by a margin of late goals that lift people and unite great man for 12 years. In a town where many years, the longest serving Repub- them in the pursuit of objectives wor- true friendships can be rare, I have lican from the State. Of course, JOHN thy of their best efforts. been blessed to find a true friend in and I have crossed paths many times As we look back on the challenges of GORDON SMITH. Although we didn’t al- during our years in the Senate. We our economy, Senator DOLE has be- ways agree, our deepest fundamental served together on the HELP Com- come a robust leader in helping our beliefs were shaped in the same bed- mittee and the Select Committee on country focus on creating jobs, rock of less government, opportunities Intelligence. But, for me, one of the strengthening national security, im- for all, and integrity in public service. most memorable times I shared with proving education, and making quality I always knew that whether in times JOHN took place outside the Halls of health care more affordable and acces- of trouble or success, I had found a true the Senate. sible. Her initial determination was comrade in service, someone I could During the August recess of 1985, my demonstrated as she graduated from trust to do what is right and hold fast son Jess and I were joined by JOHN and Duke University and Harvard Law to the notion of public service for the his son on a fishing and boating trip in School, then entering her public career people. Utah. During one day of the trip, after by serving under multiple U.S. Presi- Robert Louis Stevenson stated, ‘‘We returning from a hike, I was surprised dents, including Ronald Regan and are all travelers in the wilderness of to see a ghostly-looking creature sit- George H.W. Bush. Throughout her ca- this world, and the best we can find in ting in our campsite. As it turned out, reer, she served as Secretary of Trans- our travels is an honest friend.’’ GOR- JOHN and some of the others had portation, Secretary of Labor, and DON has been just that friend to me. formed a mud hole down near the river, head of the American Red Cross. She

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.063 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10717 continued her public service by bring- valued friendship while working to- spent baling hay and helping out with ing her zeal to the Senate as the first gether on the Finance Committee, Sen- whatever needed to be done around the female U.S. Senator from North Caro- ator SUNUNU has done a tremendous job ranch from dawn to dusk. Life on the lina. for the people of New Hampshire and ranch taught him a lot and instilled in As a fellow Senator, ELIZABETH dis- our nation. As a colleague, I appreciate him the values and principles that have plays qualities of a true southern belle. his instrumental support of the Flag served him well throughout his life and She is a powerful role model. Her ef- Desecration Amendment in 2006. As a his political career. forts to make North Carolina and friend, I convey my highest admiration WAYNE is a strong believer in the America safer, stronger, and healthier and respect for what he has been able idea of a citizen-politician. He believes have not gone unnoticed. Most impor- to accomplish while here in the Senate. that the more experience we have in tantly, she has played a key role in It is that spirit of friendship of which the workforce, the better we are able serving on the Senate Armed Services, all of us could always gain a little to find legislative solutions to address Banking, Small Business and Aging something from. the problems faced by families across Committees. I wish Senator SUNUNU and his lovely the Nation. Mr. President, I extend my deepest family the best and thank them for the That philosophy guided WAYNE’s ef- gratitude to Senator DOLE. I can say, years of service Senator SUNUNU has forts in the House and helped him win without reservation, that she is a dedi- been able to provide to this body as a his present seat in the Senate in 1997. cated public servant and friend. result of their sacrifice. Senator That was the same year that I came to JOHN SUNUNU SUNUNU’s journey in the U.S. Senate Washington and WAYNE was one of the Mr. President, I rise to speak today would not be complete without their first people I met. Our shared commit- regarding the departure of my es- support, and I am sure that they will ment to the people of the West made us teemed colleague from New Hampshire, all be happy to have their loving hus- natural allies. Senator JOHN SUNUNU. I have known band and father around the house a lit- It was soon after we were sworn in as Senator SUNUNU and his family for tle more often. Without hesitation, Mr. freshman Senators that WAYNE told me many years now, and I have worked President, I can say that our loss is about his plans to hold an annual con- closely with Senator SUNUNU since he their gain. To Senator SUNUNU and his ference to get his constituents more in- first joined Congress in 1996 in the family, I extend my deepest gratitude volved in the day-to-day operations of House of Representatives and then in for the countless hours of service, the the Government. His dream took shape the Senate since 2002. Today, I am sure simple acts of thoughtfulness, and the as the Allard Capital Conference. This that I am joined by many of my col- years of friendship they have extended annual event gives those who attend an leagues in saying that his service, his opportunity to learn more about how thoughtfulness, and his friendship in to me, my colleagues, and the people of the United States. Given Senator their Government works, and to share this institution will be missed. their good ideas about how to change Often referred to as one of the smart- SUNUNU’s track record, I am certain things. When it is over, it sends all est people in Congress, Senator SUNUNU that we will be hearing more about him those who attend back home to Colo- earned bachelor of science and master for many years to come. of science degrees in mechanical engi- WAYNE ALLARD rado with a hefty dose of encourage- neering from the Massachusetts Insti- Mr. ENZI. Mr. President, when the ment to continue the dialogue they tute of Technology (MIT). Setting the final gavel brings an end to the current began here. It has been a great success bar even higher, he also went on to session of Congress, my good friend and WAYNE has been able to attract earn a Master of Business Administra- WAYNE ALLARD has chosen to retire many of Washington’s leaders to par- tion from Harvard University. Armed from the U.S. Senate. I know we will ticipate along with an impressive list with that kind of education, it would all miss him and the strong and power- of Senators from both sides of the have been easy for Senator SUNUNU to ful voice he has been for Colorado and aisle. spend the rest of his days on a career the West. His eye for detail and focus History will show that WAYNE has track that would have compensated on the issues that are of such great im- been so successful in the Senate be- him and his family in ways that most portance to his constituents and mine cause he is committed to getting of us only dream about. Instead, after will be very difficult to replace. things done—and not in making sure only a few short years in the private WAYNE is quite a remarkable guy. He he gets the credit. It is another philos- ophy we share. You can get just about sector, Senator SUNUNU chose to put knew at a very young age that he his mind to work in Congress at solv- wanted to be a veterinarian and so he anything done if you don’t care who ing some of the most pressing problems directed all his efforts to pursuing that gets the credit for it. WAYNE has been and issues of our day. It is for that calling. He graduated from Colorado a workhorse more than a showhorse dedication of service to his country to State University with a degree in vet- and that has always pleased his con- which I pay tribute today. erinary medicine and opened a veteri- stituents. In addition to being one of the smart- nary practice in Loveland, CO, with his Over the years, WAYNE’s commitment est people in Congress, Senator SUNUNU wife Joan. to fiscal sanity has been so strong and also holds the well-known title of being As he worked at the profession he so compelling that it drove him to give the youngest Senator currently serving loved he got to know the people of the up his seats on the Armed Services and in our legislative body. While that feat area and the problems they faced every Environmental and Public Works Com- alone is impressive in its own right, I day. He wanted to do more than just mittees to join the Appropriations also like to think of Senator SUNUNU as take care of their animals and live- Committee. From there he took the one of the most thoughtful Senators stock, so he started to branch out to a reins of the Legislative Branch Sub- currently serving in the Senate. Spe- career in politics. He knew he could committee and began the difficult and cifically, Mr. President, I mention Sen- find the time for both his practice and demanding task of overseeing the con- ator SUNUNU’s act of friendship and sol- for politics and the challenge of learn- struction of the Capitol Visitor Center. idarity in 2005 when he shaved his own ing something new interested him. Up till then, the project had been the hair and stood alongside our mutual WAYNE had one great advantage as he center of a lot of attention because friend, Senator ARLEN SPECTER, as he began—his family’s deep Colorado there were so many cost overruns, underwent chemotherapy treatment. A roots. WAYNE’s great-great-grandfather delays in its construction, and ques- simple act, indeed, but it is one that was a trapper and an explorer and he tions about how the project was being has not gone unnoticed and it is one was one of the first permanent settlers managed. WAYNE brought some sanity that illustrates the thoughtfulness of a of northern Colorado. His family was to the process. He started checking in man and a Senator who stood by his among the first to move into the area on the work being done on a regular colleague in a time of great need. It is and establish a home there. basis and his oversight brought a much that compassionate thoughtfulness of WAYNE grew up on the family ranch. needed sense of accountability to the which we will all miss. He learned at an early age the impor- project which is now about to open its From his thoughtful work on energy tance of a hard day’s work and of al- doors to the people who come to visit and climate change legislation to his ways doing your best. His days were our Nation’s Capitol every year. In the

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It is his favorite activity when Sand Dunes National Park, his success- LARRY has long Idaho roots that date he is away from his office and it is one ful effort to convert Rocky Flats, back to his family’s arrival in Idaho he can share with his grandchildren. As which was formerly a nuclear weapons more than a century ago. He was born the grandfather of three children my- facility, to a national wildlife refuge, on the family ranch that his grand- self, I can identify with his interest and his determination to protect and father had homesteaded back in 1899. and the time he sets aside to be with preserve the area around the Rio The ranch has been the proud home of his eight grandchildren. Grande River. All these projects were the Craig family ever since. Speaking of his favorite hobby, he important to him because they enabled Sometime during the days when once said, ‘‘My wife knows she’s not a him to make a difference back home in LARRY was a young man growing up in golf widow or a skiing or a hunting Colorado. Idaho, he was bitten by the political widow. She’s a gardening widow.’’ Now that his Washington years are bug. It got him started on the path to- LARRY is also a tremendous artist. His drawing to a close, WAYNE would be the ward what would be a career of public ‘‘works’’ are widely prized and col- first to give a lion’s share of the credit service. Then, in 1974, LARRY was elect- lected. for all he has accomplished to his wife ed to the Idaho State Senate. It set LARRY, I will be sorry to see you and Joan. She was there from the start, him on a path that would take him to Suzanne leave, saddlebags flapping in working alongside him in his veteri- the United States Senate. the wind as you ride off into the sun- nary clinic and she is still by his side, Because of his background as a set. Now there will be time for all the the most important part of his work in rancher and a farmer, LARRY knows the things you have been putting off for the Senate. They have long been a re- importance of the land and the need for some day, for now there will be plenty markable team and it can truly be said us to be good stewards of all the re- of some days for you to share with Su- that he and I both overmarried. Joan sources under our control. After all, as zanne. Diana and I wish you all the has been his best friend, his most trust- we have heard so very often, when it best in whatever you choose to do in ed adviser, and his wisest political ad- comes to the land, they aren’t making the coming years. As we have found, viser and counselor. any more of it. That is why LARRY has the end of one great adventure is only Now they will return to Colorado and always been determined to ensure that the beginning of the next. So it will be to the life that they love. I don’t know Idaho’s natural treasures were well for you. Good luck and God bless. what WAYNE’s plans are for the future, taken care of. It is not an exaggeration PETE DOMENICI but I hope and expect I will continue to to say that LARRY has been the guard- Mr. President, it is always a bitter- hear from him whenever he thinks that ian at the gate to ensure the Federal sweet moment in time for me when we we just aren’t getting it right when it Government didn’t overstep its bound- come to the close of a session of Con- comes to the budget, the environment, aries and overregulate the land in gress. As the clock counts down the or any of the other issues that have Idaho during his watch. final hours of our legislative activities, driven him during his service in the His commitment to the land and to it also signals the day when several of Senate. Whatever he decides to do, I the people of Idaho who rely on it for our colleagues will be retiring and end- know we will continue to hear from their livelihood particularly showed ing their service in the United States him and that is something that can itself during his service on the Energy Senate. When the current session ends, only continue to serve us all well. and Natural Resources Committee. He one of my good friends and great allies WAYNE is a special guy who loves Colo- took full advantage of the opportunity in the Senate will be returning home to rado and his country and he has dedi- to work against any effort that would his beloved New Mexico. He is Senator cated his life to making them better adversely affect the ability of the peo- PETE DOMENICI and I know we will all places for us and for future generations ple of Idaho to make good use of their miss him and his powerful presence in to live. He can retire secure in the State’s land. Also on his agenda was the Senate. knowledge that he has succeeded be- the Endangered Species Act and the In the months to come, PETE may no cause he cared enough to serve. problems that had come with its appli- longer be serving with us, but he will Thank you, WAYNE, for your heart- cation. It was a fight LARRY was deter- not be forgotten. He has left his mark felt commitment to Colorado and the mined to win and he did more than just on the Senate and on us all in too Nation, for your willingness to serve express his concern. He rolled up his many ways for us not to remember him the people in the Senate and most of sleeves and got to work. The new law and how hard he has been working for all, thank you for your friendship. he helped to write is not only more ef- the people of New Mexico, the West, Diana joins in sending all the best for fective, but it is also designed to mini- and the Nation over the years. Every a continued rich and rewarding life to mize its impact on property rights, em- day he came to the Senate he was fo- you and Joan. And WAYNE, for me, ployment and our State and local cused on what he could do today to please keep track of and share the good economies. make our tomorrows better for us all. fishing spots. I know most of them will In the years to come I will most re- The leadership he provided on so many be in Wyoming. member LARRY for his ability to issues will be very difficult to replace. LARRY CRAIG present his case with power and emo- PETE began his career right out of Mr. ENZI. Mr. President, I appreciate tion whenever he would speak in com- college when he was deemed to be a having this opportunity to wish LARRY mittee or on the floor. LARRY’s speak- good enough pitcher to be signed by a CRAIG all the best as he retires and re- ing and his debating skills are second Brooklyn Dodgers farm team. It was a turns home to his beloved Idaho. I have to none. He has been called one of the good life, but it wasn’t the one for enjoyed having a chance to work with most influential of all the western Sen- PETE. He decided after the season was him on issues of concern to the people ators and his conservative style has over that baseball wasn’t what he of our States. He has been an impor- proven to be one of his greatest wanted to do and so he decided instead tant part of the work we have done on strengths. to do a different kind of pitching—to many of the issues that have come to LARRY is probably best known for his the people of the city he lived in. That the floor of the Senate and he will be work on immigration and his support pitch helped launch him on his true difficult to replace. for the ability of seasonal workers to life’s work—serving the people of his Ever since he first arrived in the Sen- come to the United States to work on State and helping to make New Mexico ate, LARRY has been a champion for the our farms. He knows the importance of a better place to live. West and a strong and powerful voice developing solutions to tough problems When PETE decided to get involved in on the issues that concern the people of like immigration that do not hurt politics his friends told him he was

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They wondered why a guy who had and hard to try to put a rein on run- JOHN WARNER such great gifts wanted to take on away Federal spending. He was willing Mr. President, I appreciate having what would be a very difficult chal- to do whatever was necessary to reach this opportunity to join with my col- lenge. an agreement that would balance the leagues in wishing JOHN WARNER all We are very fortunate that PETE budget. He got that done by once again the best as he retires from the United didn’t take their advice. Instead, he de- working with Members of both sides of States Senate after 30 years of service cided to run for the Senate and to the aisle and a Democrat administra- to the people of Virginia. JOHN has had bring his case to the people. To no tion. That was just like him. If there a long and distinguished career and he one’s surprise they liked what they was a way to get something done, PETE will be greatly missed. heard and PETE came to Washington usually found it, and the new way he Like so many of us, JOHN’s early after the 1972 elections. They have been helped develop usually got the bill years had a great influence on his life sending him back here with enthu- passed and signed into law. and helped to shape his character and siasm ever since. For me and for most of us, what I mold his destiny. JOHN’s father was a It is not an easy thing to sum up a will most remember is PETE’s person- surgeon and he saw to it that JOHN’s career in the Senate that has spanned ality and his great warmth. He is a education began at an early age and in- four decades. That is the mark of an in- genuine good guy who is very down to cluded samples of just about every- dividual who has dared to try to Earth. He is a gentle man and a gen- thing there was to learn. JOHN was achieve great things—and succeeded. tleman in every sense of the word. He soon picking up on a course of study He came to the Senate with a great is a man of great faith who believes that included math, music, science, awareness of what needed to be done that public service is the rent we pay Latin and much, much more. and with a combination of his own for the space we occupy on God’s green During those early years, JOHN felt brand of style and substance he has Earth. Simply put, he is the kind of the call to serve his country, so he been part of a great effort to make person you would want to have for a joined the Navy when he was 17 years those goals a reality. friend. That is why so many of us old so he could be part of our Nation’s Looking over his record in the Sen- treasure his friendship. He is loyal and heroic effort in World War II. He then ate, it shows that PETE has been a key close to other Members and to all his joined the Marines in 1950 to be part of player in our work to achieve energy staff. He treats his staff like Members our forces fighting the Korean war. independence. Together with his New of his extended family and not like JOHN’s service in our Armed Forces Mexico colleague, JEFF BINGAMAN, staff. I think that is why they work so and his tenure as our Secretary of the PETE worked to bring a national en- hard for him. They love him like a fa- Navy has made him one of the Senate’s ergy bill that seemed doomed to be ther because he treats them, as he strongest and most knowledgeable stalled forever to the floor for a vote treats everyone he knows, with kind- voices on the use of our Nation’s mili- and on to the President’s desk for his ness and respect. tary. He has been one of the Congress’ signature. PETE was always willing to I would be remiss if I didn’t mention most respected and most sought after work with any Member, no matter his wife, Nancy. She has been a pillar experts on our actions in Iraq, the war their place on the political spectrum, if of strength and a source of great sup- against terrorism, and our efforts in it meant making progress on a key port and encouragement to him in his Iraq and Afghanistan. His experience issue. That is why I would sum up life. I like to say that PETE and I both has also made him a leader in the Sen- PETE’s career in one word—success. overmarried. She has been an essential ate’s oversight on defense spending. PETE has a knack of finding a way to member of his team since they met and Through the years, JOHN has been an make things happen and we have all I know he would say that whatever suc- important part of the debate on global benefited from his abilities. cess has come to him in his life he owes warming. His concern about the issue For my part, I also worked with him in great degree to her influence. She is and the future of our Nation led him to on the Mental Health Parity bill. For his greatest friend, his wisest counselor ask us for our good ideas and common too long the provisions of our health and his closest confidante. Together sense proposals, regardless of our party care system provided unequally for they have done a tremendous job for affiliation, in an effort to reach a con- physical health and mental health the people of New Mexico and the influ- sensus on the issue that would ulti- problems. PETE knew that was unfair, ence they have had on it can be seen mately lead us to a workable solution. and he was determined to do something from one corner of the State to the There are two important reasons why about it. Working together with me other. She has been a partner in the JOHN has been such a tireless worker and the chairman of the Senate Com- fight for mental health parity. on this and other similar issues. JOHN mittee on Health, Education, Labor The story is told that when PETE was shares my love of the great outdoors and Pensions, Senator EDWARD KEN- accepted into law school his father and all that it has to offer. He enjoys NEDY, PETE was able to help bring a bill made him a deal. I will finance your taking time from his busy schedule to to the floor that required health insur- law school education, he told him, but hunt and fish with his grandchildren. ance plans that offer mental health only if you agree to my terms. If you He remembers the days he spent with coverage to provide it on an equal level do well, I will be proud to pay your his father taking part in those great with that afforded to physical illnesses. way. If you bring home an ‘‘F’’ I will activities and he wants to give his It is a major change in health care cov- expect to be repaid. grandchildren the same gift. So do I. I erage that will make life better for Well, my friend, as you return home, think that shows JOHN WARNER has a millions and millions of Americans. It your father would be very proud of the streak of Wyoming in him and has is a major accomplishment and it will report card you will take with you fished there. serve as a special part of his legacy of from the Senate and from the people of In the years that I have served with achievements in the Senate. New Mexico. You have done a great job JOHN I have always been impressed In the months to come we will also and everything you have done in your with his unique style and his ability to miss PETE’s leadership and his wise life and in your career you have done present his positions on the issues with counsel as we continue to work on the very well. You take with us our great great power and force. JOHN has always economic problems facing the Nation. praise and an ‘‘A’’ from us all for ef- been one to reach out to members on PETE is an expert on budget issues and fort, for the work you have done and both sides of the aisle, and his ability he has served as our Budget Committee for the results you have achieved. God to bring us together on the issues has chairman. As I have served alongside bless and be with you, PETE and Nancy. helped us to develop answers to prob- him over the years, I have appreciated I know we will all miss you and think lems that seemed to elude us. I don’t

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CHUCK took full advantage of the op- closer to the middle and has elements CHUCK grew up in a small Nebraska portunity and made it the focus of his in it that everyone can agree on. That town where he learned the value of a efforts in the Senate. He made a point is usually what gets things done. day’s work at an earlier than usual of visiting other countries and meeting That has always been JOHN’s measure age. CHUCK found his first job when he with foreign leaders to increase his ex- of success. He has never been one who was only nine and he’s been hard at pertise on foreign policy. Working was concerned about making points, he work ever since. When he lost his fa- closely with Senator LUGAR and Sen- has always been interested in making ther at the age of 16 it fell to him, as ator BIDEN, he has been a voice on the progress. the oldest child, to help raise the committee that is sought after for his JOHN will always be remembered for younger ones of his family. perspective on the issues that involve the leadership he brought to the Sen- That was also about the time that our relations with other countries. ate on a number of issues that con- CHUCK made his first run for office. Over the years I have enjoyed serving cerned him. As he worked on them all When he was in high school he decided with CHUCK and working with him on he showed his independence and his to run for Student Council President. two of his top priorities, cutting Fed- willingness to consider all viewpoints He knew he would have to do some- eral spending and making our tax sys- to find the one that he thought stood thing different in his campaign to sepa- tem more workable and more respon- the best chance of succeeding, on the rate himself from the others who were sive to the needs of our national econ- floor and in the field. JOHN would be an running, so he tied a chicken to the omy. He can be very proud of all he has excellent diplomat because he knows hood of his car and drove around the achieved, especially his support of fast how to disagree without being dis- school announcing the reasons why he track authority so the President could agreeable. He has forged good working was in the race. No one had ever seen negotiate trade deals that cannot be relationships with us all and that is anything quite like that before and he changed by the Congress. His work in why he has so many friends in the Sen- won quite easily I am sure. the area of international trade has ate. After his high school years, CHUCK made a great difference throughout the JOHN has been a great public servant heard the call to serve his country and United States and helped improve our and his career shows the results he has he and his brother joined the Army and relationship with our trading partners. been able to achieve in every area of served in Vietnam. He was seriously Now CHUCK’s Washington years are his life. I am proud of his service in the wounded twice and received two Purple coming to a close and he will be mov- Senate on behalf of the people of Vir- Hearts during his military service. ing on together with Lilibet to some- ginia, his service in our Armed Forces, During one of his missions, he and his thing new and different in their lives. and especially, I am proud to call him brother were trapped in their armored Diana and I have always found that my friend. personnel carrier when an enemy mine when one great adventure ends another It is always difficult at the end of the exploded beneath them. CHUCK pulled one takes its place. That is our wish session to say goodbye to our col- his unconscious brother to safety and for you. Whatever the future holds for leagues who are retiring. We have probably saved his life. It took 10 years you and Lilibet we wish you all the worked together for so many years for him to fully heal from the effects of best. The only good part about saying that we will miss their thoughtful sug- the injuries he suffered that day. goodbye is the knowledge that you will gestions, their well chosen words and When he graduated from the Univer- keep in touch with us and continue to their commitment to the issues we sity of Nebraska he began his political offer your good advice and the unique have worked on together. career in earnest. He joined the staff of brand of common sense that you For JOHN, the good part of goodbye is a Republican congressman from Ne- learned from your service in Wash- the knowledge that we will meet again braska and impressed him and his staff ington, your success in your business, and, I am sure, we will work together so much that he steadily rose in re- and your years growing up in Ne- again, laugh again, and continue to sponsibility to be his top aide. braska, Wyoming’s neighbor to the enjoy all that life has to offer again. Equally impressive has been CHUCK’s East. This is not a time to say goodbye, just success as a businessman. He sold al- a reminder to be well until we see each most all he had to begin a cellular f other again. phone company with two partners. His FURTHER CHANGES TO S. CON. Diana joins in sending our best wish- hard work and determination to suc- RES. 70 es to you, JOHN and to Jeanne. You de- ceed paid off and his investment was serve nothing but the best life has to multiplied many times over. Mr. CONRAD. Mr. President, pursu- offer and you shall have it. I look for- That kind of success would have been ant to section 223 of S. Con. Res. 70, I ward to the days ahead and a time enough for most people, but not for previously filed adjustments to the 2009 when we can get out our fishing poles CHUCK. CHUCK felt the call to bigger budget resolution for H.R. 2095, the and explore some of Virginia’s best riv- things and he set his sights on going to Rail Safety Improvement Act of 2008. ers and streams. Good luck and God Washington to make life a little better Those adjustments reflected the Con- bless. for the people back home in Nebraska. gressional Budget Office’s estimate at CHUCK HAGEL That was his platform when CHUCK that time of the budgetary effects of Mr. President, soon the last remain- ran for the Senate in 1996. The experts H.R. 2095. ing items of business on the legislative thought he was a long shot and a lot of CBO has since revised that estimate, calendar will be taken up and the cur- people said he didn’t stand a chance. increasing the amount of net savings rent session of Congress will draw to a Once again, CHUCK defied the odds and over both 5 and 10 years. As such, H.R. close. When it does, several of our col- relied on the judgment of the people of 2095 still meets the conditions required leagues will be returning home and Nebraska instead of the predictions of for the release of the reserve fund leaving public service. We will miss the experts. The people of Nebraska under section 223, including being fully them, their good ideas and the touch of knew a good thing when they saw it paid for over both the 6- and 11-year creativity they brought to our work in and CHUCK was sent to the Senate to time periods. the Senate during their years of service represent them. Consequently, I am revising the ad- to the people of their home States. CHUCK and I were part of the same justments made on September 29 pur- When I am asked about the members freshman class and when we arrived we suant to section 223 to reflect CBO’s with whom I have had the privilege to both looked forward to being named to updated estimate. This adjustment af- serve during my Senate career, CHUCK the committees on which we would fects both the budgetary aggregates

VerDate Aug 31 2005 04:44 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.060 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10721 and the allocation provided to the Sen- Mr. CRAPO. I would also like to join mation that Senator CRAPO will make ate Commerce, Science, and Transpor- my colleagues in a colloquy on this a strong co-chair? tation Committee. matter. Mr. DORGAN. Yes. I ask unanimous consent to have Mr. ALLARD. I thank my colleagues. Mr. ALLARD. Senator CRAPO you printed in the RECORD the following re- The need for a strong renewable energy have been a strong advocate for renew- visions to S. Con. Res. 70. policy has never been more timely. able energy for years, and I am sure are There being no objection, the mate- This is something I have worked on for looking forward to cochairing the cau- rial was ordered to be printed in the many years. As a member of the House cus. Do you have any comments? RECORD, as follows: of Representatives I was a member of Mr. CRAPO. Yes. I have long admired the House Renewable Energy Caucus, the work of Senator ALLARD in forming CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL and when I was elected to the Senate, and developing the caucus over the YEAR 2009—S. CON. RES. 70; FURTHER REVISIONS TO discovered that no such similar caucus years. I am honored to be chosen as the THE CONFERENCE AGREEMENT PURSUANT TO SECTION existed here. So I, along with Senators next cochair of the caucus and am 223 DEFICIT-NEUTRAL RESERVE FUND FOR INVEST- JEFF BINGAMAN, TIM JOHNSON, JIM JEF- eager to build on the work he has ac- MENTS IN AMERICA’S INFRASTRUCTURE FORDS, and BOB KERRY, founded the complished thus far. [In billions of dollars] Senate Renewable Energy and Energy As you mentioned, my home State of Efficiency Caucus. Idaho is one of the Nation’s leaders in Section 101 The caucus is still going strong today renewable energy. Idaho has significant and developed hydropower, wind, and (1)(A) Federal Revenues: with leadership from Senator BYRON FY 2008 ...... 1,875.401 geothermal energy resources, which DORGAN, Senator JOE LIEBERMAN, and FY 2009 ...... 2,029.667 has led us to have one of the five low- FY 2010 ...... 2,204.701 myself. It is a nonpartisan group that FY 2011 ...... 2,413.291 strives to increase awareness of the est per capita and total emissions pro- FY 2012 ...... 2,506.069 files of any State. The research being FY 2013 ...... 2,626.577 various forms of renewable energy and (1)(B) Change in Federal Revenues: done on these technologies, as well as energy efficiency technologies in the FY 2008 ...... ¥3.999 energy efficiency, biofuels, and alter- FY 2009 ...... ¥67.732 United States. FY 2010 ...... 21.303 I have been honored to serve as the native energy resources such as nu- FY 2011 ...... ¥14.779 clear power at the Idaho National Lab- FY 2012 ...... ¥151.526 Republican cochair since the inception FY 2013 ...... ¥123.642 oratory, University of Idaho, Boise of the Senate caucus, during this time (2) New Budget Authority: State and Idaho State Universities, is FY 2008 ...... 2,564.237 we have seen the caucus membership FY 2009 ...... 2,538.268 remarkable and nationally recognized. FY 2010 ...... 2,566.829 grow and today more than a third of Energy issues have arrived at center FY 2011 ...... 2,692.492 the Senate is a member. The caucus FY 2012 ...... 2,734.106 stage in the public eye and energy sup- FY 2013 ...... 2,858.848 has hosted numerous events and brief- ply, prices, and environmental effects (3) Budget Outlays: ings and helped hundreds of renewable FY 2008 ...... 2,466.678 are at the forefront of concern. All of FY 2009 ...... 2,573.280 energy groups display their ideas and us here, regardless of political affili- FY 2010 ...... 2,625.754 technologies. It has also been a forum FY 2011 ...... 2,711.453 ation, can agree that developing a FY 2012 ...... 2,719.533 for sharing thousands of news articles sound domestic energy plan that pro- FY 2013 ...... 2,851.944 relating to renewable energy and en- vides an adequate supply of clean and ergy efficiency. affordable energy is a benefit to our CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL As many of you know, I am retiring Nation. I look forward, along with Sen- from the Senate at the end of this term YEAR 2009—S. CON. RES. 70; FURTHER REVISIONS TO ators DORGAN and LIEBERMAN, to edu- THE CONFERENCE AGREEMENT PURSUANT TO SECTION and will no longer serve as cochair of cating members and promoting renew- 223 DEFICIT-NEUTRAL RESERVE FUND FOR INVEST- the caucus. I am proud of the work able energy and efficiency measures in MENTS IN AMERICA’S INFRASTRUCTURE that the caucus has done, and I am the upcoming Congress to achieve that [In millions of dollars] confident it will continue to do great goal. work in the future. f Current Allocation to Senate Commerce, Science, and Trans- I know it will do great work in the portation Committee: future because it will have strong lead- SBIR/STTR REAUTHORIZATION ACT FY 2008 Budget Authority 13,964. FY 2008 Outlays ...... 9,363 ership. I greatly appreciate the work of OF 2008 FY 2009 Budget Authority ...... 14,435 the other cochairs, Senators DORGAN Mr. KERRY. Mr. President, in July, FY 2009 Outlays ...... 10,253 and LIEBERMAN. They have a remark- the Committee on Small Business and FY 2009–2013 Budget Authority ...... 75,947 FY 2009–2013 Outlays ...... 49,989 able dedication to renewable energy. Entrepreneurship passed S. 3362, the Adjustments: With the addition of the new Repub- SBIR/STTR Reauthorization Act of FY 2008 Budget Authority ...... 0 lican cochair, I have no doubt that the 2008, by a unanimous 19–0 vote. Since FY 2008 Outlays ...... 0 caucus will be as strong as ever. NOWE FY 2009 Budget Authority ...... 0 then, Senator S , myself, and oth- FY 2009 Outlays ...... 0 The man replacing me on the caucus ers have worked diligently to address FY 2009–2013 Budget Authority ...... ¥8 is an ardent advocate for renewable en- concerns that have been expressed to FY 2009–2013 Outlays ...... ¥8 ergy, Senator MIKE CRAPO. As a mem- us by our colleagues and the adminis- Revised Allocation to Senate Commerce, Science, and Trans- ber of the Senate Finance Committee, portation Committee: tration, and we reached an agreement FY 2008 Budget Authority ...... 13,964 Senator CRAPO has helped craft suc- with the administration on the terms FY 2008 Outlays ...... 9,363 cessful legislation to provide tax cred- of the bill. Unfortunately, at the last FY 2009 Budget Authority ...... 14,435 its for production and investment in minute, a colleague had objections and FY 2009 Outlays ...... 10,253 FY 2009–2013 Budget Authority ...... 75,939 renewable energy such as wind, solar, we cannot pass the bill. FY 2009–2013 Outlays ...... 49,981 and geothermal, and as a member of As the title suggests, the purpose of the Senate Agriculture Committee, he S. 3362 was to reauthorize the Small f supported expanded usage of renewable Business Administration’s Small Busi- biofuels. ness Innovation Research and Small RENEWABLE ENERGY AND Senator CRAPO also represents a Business Technology Transfer pro- ENERGY EFFICIENCY CAUCUS State that is passionate about renew- grams, otherwise known as SBIR and Mr. ALLARD. Mr. President, I rise able energy and energy efficiency. The STTR. The bill makes improvements to today to talk about a subject that is State of Idaho has received awards for these programs that will allow them to near and dear to my heart, the Senate its dedication to renewable energy and work better for small businesses, while Renewable Energy and Energy Effi- cutting edge research is taking place contributing to our economy, fulfilling ciency Caucus. every day at the fine colleges and uni- the priority research needs of the na- Would the distinguished gentlemen versities in Idaho. tion, and expanding and diversifying from North Dakota and Idaho engage Mr ALLARD. Senator DORGAN, you our military’s supply base. in a colloquy with me on this topic? have helped me cochair the caucus for Small businesses continue to receive Mr. DORGAN. I would be pleased to several years, and your efforts have only about 4 percent of Federal re- engage in such a colloquy. been invaluable. Do you share my esti- search and development dollars despite

VerDate Aug 31 2005 04:44 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.012 S20NOPT1 jbell on PROD1PC69 with SENATE S10722 CONGRESSIONAL RECORD — SENATE November 20, 2008 the fact that they employ nearly 40 unanimously passed this legislation be prevented by a modification of the percent of America’s scientists and en- out of committee. And as I said at the proposed rules. gineers, produce more than 14 times start of my remarks, I am also proud Senator CARDIN, Senator SPECTER, more patents than large businesses and that we were able to resolve our dif- and I have suggested to the FDIC that universities, and produce patents that ferences with the administration to it modify its proposed rules to make an are of higher quality and are more than craft a bill that would keep these pro- exception for lawyer trust accounts twice as likely to be cited. Unlike large grams going strong. and provide unlimited insurance on in- businesses, which tend to focus more It is truly a shame that one Repub- terest bearing accounts containing cli- on improving existing product lines, lican in this Chamber has blocked this ent funds. This would be an important and university research, which leans bill from passing, and that all of the ef- step towards preserving the success of toward education and publications, fort and all of the compromises that the IOLTA program, and would remove America’s small businesses and entre- went into getting the legislation to any potential ethical dilemma for at- preneurs are the ones willing to take this point will be lost. I ask my col- torneys. Such a modification would en- on the high-risk, high-reward research leagues to be aware that the SBIR pro- sure that the interest generated by that truly drives innovation. gram is temporarily authorized IOLTA accounts continues to be dis- The SBIR and STTR programs are through March 20, 2009, that the STTR tributed through local nonprofit orga- two of the very few Federal programs program expires on September 30, 2009, nizations in each State to fund invalu- that tap into the scientific and tech- and that we should act fast in the new able legal aid services for low-income nical community found in America’s year to extend or comprehensively au- families. small businesses. These programs fos- thorize these programs to help keep I am hopeful that the FDIC will rec- ter government-industry partnerships our country ahead in technology. ognize the national importance and success of this program, and will create by making competitive awards to firms f with the best scientific proposals in re- the exception we have proposed. I sponse to the research needs of our INTEREST ON LAWYERS’ TRUST would like to particularly thank the agencies and by helping to move tech- ACCOUNT PROGRAM Vermont Bar Association for its advo- nologies from the lab to the market- Mr. LEAHY. Mr. Presdient, last cacy in this regard, as well as the place or from the lab to insertion in a week, I joined Senator CARDIN and Sen- American Bar Association for its at- government program or system. ators SPECTER, and others in sending a tention to this issue. Legal representa- Since the inception of the SBIR pro- letter to the Federal Deposit Insurance tion for everyone is an imperative for a gram in 1982, recipients of SBIR and Corporation, FDIC, in an effort to pre- fair and effective judicial system. The STTR awards have gone on to produce serve the viability of the Interest on IOLTA program has been successful in more than 84,000 patents and to gen- Lawyers’ Trust Account program, helping to ensure legal representation erate millions of well-paying jobs IOLTA. We have asked the FDIC to en- for more Americans, and where these across all 50 States. Both programs sure that the Transaction Account goals can be accomplished without the have garnered high praise from well-re- Guarantee Program, TGLP, through use of tax dollars, such a program spected sources, including from the Na- which the FDIC guarantees funds in should be preserved. tional Academy of Sciences, which bank accounts, will also cover lawyer f completed its comprehensive assess- trust accounts. The IOLTA program, REMEMBERING COLONEL JOHN W. ment of SBIR last year. Governments which distributes interest on client RIPLEY around the world are increasingly funds held in lawyer trust accounts to Mr. LEAHY. Mr. President, I regret adopting SBIR-type programs to en- legal aid programs, has been an enor- to have to inform the Senate of the courage innovation in their countries. mous success in securing legal rep- passing of a truly great American: Among the technologies pioneered by resentation for lower-income Ameri- John W. Ripley, a retired Marine Corps SBIR-funded small businesses are a cans. All 50 States have IOLTA pro- colonel and hero of the Vietnam war. machine that uses lasers and computer grams, and many States mandate par- Colonel Ripley will be best known for cameras to sort and inspect bullets at ticipation by practicing attorneys. his achievements and self-sacrifice dur- a much finer level than the human eye This program provides funding to im- ing the Vietnam war—particularly on can manage, the technology that cre- portant legal aid programs and helps April 2, 1972, when he singlehandedly ates the ‘‘invisible’’ condensation trail ensure that no person goes without blew up the Dong Ha bridge. That of the B–2 bomber, a therapeutic drug legal representation because of a lack bridge over the Cua Viet River was a to treat chronic inflammatory disease, of resources. major thoroughfare for an invasion and a nerve gas protection system. Our concern stems from the fact that force from North Vietnam. Colonel With regard to the bullet sorting tech- the TGLP Interim Rule concerning ac- Ripley, serving with a marine unit nology, developed by CyberNet Sys- count insurance issued on October 23 from South Vietnam, moved around tems, a small, women-owned business would not extend unlimited FDIC in- the bridge like it was a trapeze and located in Ann Arbor, MI, and cur- surance to interest bearing lawyer hung charges that would blow it up and rently in use in Iraq and Afghanistan, trust accounts, ultimately hurting the prevent the enemy’s advance. that SBIR technology is estimated to public benefit generated by these ac- That story is the subject of innumer- have saved taxpayers more than $300 counts. According to the FDIC’s pro- able books and articles. It is an abso- million. Those are real cost savings posed rules for the TGLP, noninterest- lutely incredible feat, showing us how and tangible technological improve- bearing accounts would be insured to an act of individual bravery can have a ments and we could have more such protect an unlimited amount of funds. large strategic impact that affects an technologies if we increased the SBIR But the insurance for interest-bearing entire force. Indeed, the removal of and STTR allocations, as the legisla- accounts would be limited to $250,000. that bridge created a bottleneck that tion that passed Committee proposed The lack of an exception for lawyer allowed allied forces to apply over- to do. trust accounts threatens the IOLTA whelming air power and blunt that in- S. 3362 is the result of much delibera- program because it poses a potential vasion. tion and compromise and reflects a conflict for attorneys. Many lawyer After Vietnam, Colonel Ripley had a truly bipartisan effort to strengthen trust accounts contain pooled client distinguished career that included and improve the SBIR and STTR pro- funds, often in excess of $250,000. As a going through some of the most chal- grams. I am proud that Senator SNOWE, result of the FDIC’s proposed rules, lenging training programs among the Senator BOND, myself, and others were there is legitimate concern that attor- world’s militaries, including U.S. Army able to come together to reach agree- neys would move client funds in excess Ranger School. In his willingness to ment on a number of very difficult of $250,000 to noninterest-bearing ac- undergo the ardors of combat and issues, including on the involvement of counts in order to gain the insurance training, he emerged a marine’s ma- firms majority-owned and controlled protection, and in an effort to manage rine, a steely and strong individual al- by multiple venture capital companies client funds as responsibly as possible. ways ready to put his country and his in the SBIR program, and that we This potential ethical dilemma could fellow marines before himself.

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.062 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10723 John Ripley is a symbol for the vi- have held against that North Vietnamese been a special friend to so many of us, and brancy of the Marine Corps, one of the force.’’ someone who is now moving on to a well de- most storied military forces in the The destruction of the bridge created a served retirement—Mike Kirk. Please join me in a round of applause to show our appre- globe’s history, and a testament to bottleneck for the North Vietnamese, allow- ing American bombers to blunt what became ciation for Mike and all that he has done. how—amid the enormity and vast con- known as the Easter offensive. We all know that Mike has done some very fusion of war—a single person can Captain Ripley was awarded the Navy special things for the AIPLA. But the best make a difference. Cross for his actions at the bridge. He served thing he did was to bring his wife, Mary I will miss seeing him at various two tours in Vietnam and remained on ac- Catherine, into our AIPLA family. I think events, including those of the Marine tive duty until 1992, eventually rising to she, too, deserves to be recognized for all she Corps Law Enforcement Foundation. colonel. Among other decorations, he re- has done. ceived the Silver Star, two Bronze Stars and One measure of a leader is the caliber of We will continue to honor his service the person selected to replace him. And here through support of the Marine Corps a Purple Heart. John Walter Ripley was born on June 29, again, the AIPLA has risen to the challenge and of all of our soldiers, sailors, air- 1939, and grew up in Radford, Va., the son of of Mike Kirk’s departure in selecting one of the few members of our profession who has men, and marines. Bud and Verna Holt Ripley. He enlisted in the character, knowledge, and recognized I ask unanimous consent that an the Marines out of high school in 1956, and a leadership skills to honor Mike’s legacy of obituary on Colonel Ripley, which ap- year later received approval from the sec- accomplishment. That person is, of course, retary of the Navy to attend a preparatory peared in the November 4 edition of the Q. Todd Dickenson, and I think he deserves New York Times, be printed in the school leading to his appointment to the a vote of confidence with a round of ap- RECORD. Naval Academy, from which he graduated in plause. There being no objection, the mate- 1962. The program lists my topic as ‘‘Challenges Besides his son Stephen, Colonel Ripley is rial was ordered to be printed in the Ahead.’’ I selected that topic intentionally survived by his wife of 44 years, the former to give me lots of latitude in what I might RECORD, as follows: Moline Blaylock; a sister, Susan say. If that phrase was a limitation in a pat- [From the New York Times, Nov. 4, 2008] Goodykoontz; two other sons, Thomas and ent claim, the meaning would be hard to dis- COL. JOHN W. RIPLEY, MARINE WHO HALTED John; a daughter, Mary Ripley; and eight cern with specificity and no doubt would VIETNAMESE ATTACK, DIES AT 69 grandchildren. generate considerable litigation. In a way, (By Dennis Hevesi) ‘‘Colonel Ripley is well known in marine it’s the perfect topic. So, what is it that I am circles,’’ Mr. Schultz said, ‘‘but he’s the most John W. Ripley, a highly decorated former going to talk about? revered war hero no one’s ever heard of.’’ John Whealan yesterday focused on recent colonel who entered Marine Corps lore when ‘‘This was 1972,’’ he added, ‘‘and people history and ended with a few comments on he single-handedly blunted a major North didn’t pay too much attention to war heroes the future. Instead, I will focus on some of Vietnamese offensive during the Vietnam at that time.’’ the challenges I see for the future and will War by blowing up a strategically placed begin with a few comments on the changes of bridge, died Oct. 28 at his home in Annapolis, f the recent past. Md. He was 69. INTELLECTUAL PROPERTY RIGHTS We hear a lot about change these days. The cause has not been determined, his son CHALLENGES Change in our economy, global climate Stephen said. Mr. LEAHY. Mr. President, I have change, and of course, change in our govern- Colonel Ripley, who at the time was a cap- ment. Change has been in the air for some tain and a military adviser to a South Viet- long been a champion of the intellec- time. It seems like the only thing we have namese Marine unit, blew up the southern tual property rights enshrined in the heard, or seen, or read in the media for the end of the Dong Ha Bridge over the Cua Viet Constitution, and have sponsored much past 20 months or so has been about change. River on Easter Sunday, April 2, 1972. On the of the significant legislation in that And intellectual property law has been no north side of the bridge, which was several realm over the decades I have served in stranger to it in the past few years. While miles south of the demilitarized zone, some one can debate the extent of the changes and 20,000 North Vietnamese troops and 200 tanks the Senate. On October 24, 2008, Judge Richard Linn of the Court of Appeals the reasons underlying them, there is no were poised to sweep into Quang Tri Prov- question that the rights of patentees have ince, which was sparsely defended. for the Federal Circuit, the court en- been impacted in one way or the other by a Going back and forth for three hours while trusted exclusively with Federal ap- number of recent decisions. And while the under fire, Captain Ripley swung hand over peals involving patent issues, gave the pace of change may slow down at least for a hand along the steel I-beams beneath the keynote address before the American while, the fallout of all of this change will bridge, securing himself between girders and Intellectual Property Law Associa- directly impact all of us. This is evident, for placing crates holding a total of 500 pounds example, from an examination of three key of TNT in a diagonal line from one side of tion’s annual meeting. In that address, Judge Linn discusses the challenges decisions: KSR v. Teleflex, dealing with the the structure to the other. The I-beam wings test for obviousness; eBay v. MercExchange, were just wide enough to form pathways facing the intellectual property system dealing with the test for injunctive relief; along which he could slide the boxes. in the coming years, offers advice on and In re Seagate, dealing with the standard When the boxes were in place on the moving forward as a nation to meet applicable to prove willful infringement. bridge, Captain Ripley attached blasting those challenges, and provides food for There have been others, such as Medlmmune caps to detonate the TNT, then connected thought for anyone interested in this v. Genentech, which made it easier to chal- them with a timed-fuse cord that eventually important part of our national econ- lenge patents in declaratory judgment ac- extended hundreds of feet. tions, and DSU v. JMS, requiring proof of ‘‘He had to bite down on the blasting caps omy. I ask unanimous consent that the specific intent for induced infringement, but to attach them to the fuses,’’ John Grider I will limit my remarks to the holdings and Miller, author of ‘‘The Bridge at Dong Ha,’’ statement of Judge Richard Linn from possible implications of KSR, eBay, and said on Monday. ‘‘If he bit too low on the October 24, 2008, be printed in the Seagate. blasting cap, it could come loose; if he bit RECORD. In KSR, the Supreme Court reviewed the too high, it could blow his head apart.’’ There being no objection, the mate- test for obviousness under 35 U.S.C. §103. The Captain Ripley bit safely, and the timed- rial was ordered to be printed in the Supreme Court began by emphasizing that fuse cord gave him about half an hour to RECORD, as follows: its 1966 decision in Graham v. John Deere in- clamber off the bridge. Moments later, his formed the obviousness inquiry. It went on work paid off with a shock wave that tossed CHALLENGES AHEAD to reject what it perceived to be a rigid ap- him into the air but otherwise left him I would like to thank the AIPLA for the in- proach taken by our court in applying the unharmed. vitation to speak before you today. I am teaching, suggestion and motivation test. By placing the crates diagonally along the truly honored to speak before the AIPLA, an The Supreme Court observed that ‘‘when it bridge, Mr. Miller said, Captain Ripley had organization I have belonged to since the first established the requirement of dem- created ‘‘a twisting motion that ripped the late 60’s. I see in the audience many of my onstrating a teaching, suggestion, or motiva- bridge apart from its moorings so it couldn’t friends and former colleagues of the patent tion to combine known elements in order to fall back in place, but collapsed into the bar. I feel very much at home here, and it is show that the combination is obvious, the river.’’ nice to be asked to speak before this distin- Court of Customs and Patent Appeals cap- There were about 600 South Vietnamese guished group. tured a helpful insight.’’ It then noted, how- marines near the south end of the bridge. Before I begin, I would like to take a mo- ever, that helpful insights need not become ‘‘South Vietnam would have been in big ment to personally recognize someone who rigid and mandatory formulas, and ‘‘when a trouble,’’ said Fred Schultz, senior editor of has played a unique role in the progress of court transforms a general principle into a Naval History Magazine, a publication of the the U.S. patent system for over 40 years, rigid rule that limits the obviousness in- United States Naval Institute. ‘‘The force someone who has led this organization for quiry, as the Court of Appeals did here, it numbers defending on that side could not the past decade and a half, someone who has errs.’’

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.053 S20NOPT1 jbell on PROD1PC69 with SENATE S10724 CONGRESSIONAL RECORD — SENATE November 20, 2008 The Supreme Court summed up its position In re Seagate presented our court with the rule and include in patent specifications not on obviousness in observing that what is im- opportunity to pick up where Knorr-Bremse merely one embodiment of an invention, but portant is to use common sense and to iden- left off and to reconsider the question of the multiple embodiments to better illustrate tify a reason that would have prompted a duty of due care owed to patentees and the the full area of the discovery embraced by person of ordinary skill in the relevant field standard for determining when infringement the claims. This is a sound practice that to combine the elements in the way the is willful and subject to treble damages. The helps to inform the public of the proper claimed new invention does. It added that case came to us on a motion for a writ of scope of the claims and avoids uncertainty any need or problem known in the field of mandamus seeking to overturn an order and interpretive disputes. The uncertainty of endeavor at the time of invention and ad- from a district court that would have given single embodiment specifications has dressed by the patent can provide a reason the patentee’s counsel virtually unfettered brought us a steady stream of cases, and I for combining the elements in the manner access to all attorney-client communica- urge all of you not to shoot yourselves or claimed. tions and work-product of the accused in- your clients in the foot by disclosing only The court also made some interesting ob- fringer. That order stemmed from the pat- one embodiment, particularly in mechanical servations on the propriety of summary entee’s assertion of willful infringement and and electrical cases. judgment on issues of obviousness. The court the accused infringer’s good faith reliance on The second example of a self-inflicted said that ‘‘where, as here, the content of the the advice of counsel. Because of the abuses wound is the continuing practice of adding prior art, the scope of the patent claim, and we perceived in the routine allegation of terminology to claims, particularly after an the level of ordinary skill in the art are not willful infringement and the tension it pro- interview, to place the claims in condition in material dispute, and the obviousness of duced between assertion by the accused in- for allowance without explaining the reason the claim is apparent in light of these fac- fringer of the attorney-client privilege and for the change or pointing out where in the tors, summary judgment is appropriate.’’ reliance on the advice of counsel, we over- specification support for the added language ‘‘The obviousness of the claim is apparent in ruled the duty of due care standard set out in can be found. Again, in case after case before light of these factors?’’ What does that Underwater Devices and held that proof of our court, we are called upon to construe the mean? Does this mean obviousness is sort of willful infringement, permitting enhanced scope of claim language which appears no- like obscenity—you know it when you see it? damages, requires at least a showing of ob- where else but in the claims. Without any I’m not sure what it means, but I am sure jective recklessness. Because we abandoned support in the written description, we are someone is going to ask me for an answer to the affirmative duty of due care, we also re- left to infer meaning from parts of the speci- that question in a brief in the not too distant marked that in the context of willful in- fication that often do not directly relate to future. the limitation in question or from the pros- The net result of KSR is that defendants fringement, there is no affirmative obliga- ecution history of events leading up to the may have a renewed interest in raising and tion to obtain an opinion of counsel. pressing obviousness contentions, despite the Following Seagate, it can be anticipated amendment. These are often poor guides for high ‘‘clear and convincing’’ standard that that there will be continuing debate over ap- interpretation and frequently lead to pro- applies to validity challenges. They can now plication of the objectively reckless standard tracted and costly litigation, not to mention argue that ‘‘reasons’’ and common sense sup- and the parameters of willful infringement. unpredictable outcomes. Here again, the port a conclusion that the claimed invention The one thing that is no longer in debate, wound is self-inflicted and patentees are well doesn’t pass muster even when application of however, is that patentees can no longer advised to avoid shooting themselves in the a teaching, suggestion, and motivation test bank on a determination of willfulness and foot by leaving the meaning of critical limi- might otherwise have failed. It also means enhanced damages merely because infringe- tations to unguided inference. that patentees will have to be more prepared ment was found against an accused who had The message for those who regularly write to gather up evidence to show secondary con- prior notice of the patent. and prosecute patent applications for clients siderations as a way to overcome expected The net result of all of these decisions is is that while the swinging of the patent pen- challenges from accused infringers. Finally, that patentees are likely to have to confront dulum of court decisions is largely beyond the Supreme Court’s comments about sum- more obviousness challenges, patentees are any patentee’s ability to alter, there are mary judgment will mean that patentees less likely to obtain enhanced damage things that are entirely within your control, will have to start thinking about how to as- awards based on willfulness, and patentees such as including multiple embodiments in sist courts in answering questions about will be more challenged to obtain injunctive patent applications to make broad construc- what the Supreme Court’s comments on relief than just a few years ago. These cases tion of claim terms more likely and pro- summary judgment meant as to the way ob- thus will cause patentees to reassess their viding support or an explanation for claim viousness issues should be presented to ju- strategies and to revalue their patent port- terms added during prosecution. Those ries, if at all. For example, is it still proper folios. things you can control. And they will help for a district court to present the ultimate But patentees are not only struggling to your client avoid going through life as a question of obviousness to the jury or is the cope with recent decisions of the Supreme walking wounded patentee. district court required to decide obviousness Court and the Federal Circuit. Patentees I would like to turn now to some chal- as a matter of law in every case, leaving only continue to suffer needlessly from self-in- lenges I see for the PTO. With a new admin- the factual underpinnings for the jury? No flicted wounds. These are the walking istration soon to occupy the White House, a matter how all this is sorted out, KSR wounded, who regularly report to the MASH change in leadership at the PTO can be ex- makes evident that patentees are likely to units-the district courts-for help. And if they pected within the next year. The new leaders face more challenges based on section 103. don’t get the help they need at the district at the PTO will face many difficult chal- We are already seeing this in recent cases court MASH unit, they come to the general lenges. The past leadership has much to be filed with our court. hospital-the Federal Circuit, to cure all that proud of. Director Dudas successfully In eBay, the Supreme Court rejected the ails them. oversaw the completion of a modern new fa- categorical grant of injunctive relief in pat- What self-inflicted wounds am I talking cility and the end to fee diversion. He and ent cases and held that in those cases, just as about? There are two in particular that I his colleagues have upgraded technology re- in other cases, a plaintiff seeking a perma- want to highlight. The first relates to the sources for examiners, have ramped up hir- nent injunction must demonstrate that it continuing propensity of patentees, particu- ing, and have instituted comprehensive has suffered irreparable injury; that rem- larly in the electrical and mechanical arts, training programs, to name just a few of edies available at law are inadequate; that to disclose in their applications only one em- their many accomplishments. All of that is the balance of hardships warrants injunctive bodiment of the invention, while arguing commendable. relief; and that the public interest would not that the claims cover something broader But it seems to me that what is needed be disserved by a permanent injunction. than the one disclosed embodiment might now goes beyond facilities or finances to the What the Supreme Court did not tell us is suggest. I have no idea why so many pat- heart of the PTO’s mission to thoroughly, what happens after infringement is found entees continue to limit the number of em- carefully, and promptly examine the applica- and a court determines that the equitable bodiments disclosed when, in so many cases tions of those who seek the protection of remedy of a permanent injunction is not we hear, the entire controversy is about the patents and who rely on the effective oper- warranted. This is already presenting pat- scope of a claim supported only by a single ation of our patent system. With the solid entees and the courts with interesting new disclosed embodiment. Patentees who desire foundation of the achievements of the cur- challenges. eBay also leaves open the ques- broad coverage and only disclose a single rent Director, the PTO now needs the leader- tion of whether there remains a rebuttable embodiment are shooting themselves in the ship of those with intimate knowledge of presumption of irreparable harm in patent foot. patents and patent law. People who under- cases. The bottom line for patentees is that Scientists and engineers are familiar with stand first-hand the problems faced by users they, like all other plaintiffs, will have to the concept that an area cannot be defined of the system and who have the ability to tow the line and be prepared to make a con- by a single point or even two points. To de- comprehensively relate to the practicing vincing showing on each of the four equi- fine an area requires at least three points. It bar. That leadership is best found in the table factors. This will present new chal- is surprising, then, that patent attorneys, ranks of experienced practitioners, many of lenges, particularly to non-practicing pat- who are trained both in the law and in whom are in this very room. entees and alters some of the leverage pat- science or engineering, often forget this The next group of leaders at the PTO will entees assumed they enjoyed before the eBay three-point concept in drafting patent appli- need to be creative in finding new ways to decision. cations. Careful prosecutors follow a general improve not only productivity but quality as

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.012 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10725 well. The number of new applications that vances in energy technology, green tech- written for Vermont’s 12th annual are projected over the next several years is nology, nanotechnology, and a host of other Women’s Economic Opportunity Con- staggering. Technology will continue to get things. The need for effective protection for ference, detailing her journey to suc- more complicated. And the demands of man- the discoveries of tomorrow’s scientists, en- aging such a sizable organization will be rig- gineers, and researchers will be greater than cess, be printed in the RECORD. orous. To keep pace will take bold new meas- ever before. And the changing legal land- There being no objection, the mate- ures to improve efficiency and effectiveness scape and the pace of technological progress rial was ordered to be printed in the of almost every aspect of PTO operations. will present us all with new and difficult RECORD, as follows: That may entail cooperative efforts with challenges. The challenges ahead are many, SENATOR LEAHY’S 12TH WOMEN’S ECONOMIC other patent offices around the world to find but we are all fortunate to have the chance OPPORTUNITY CONFERENCE ways to share search results. It may entail to enjoy the opportunities and to confront I begin with a disclaimer. In Senator Lea- establishing a program of deferred examina- the challenges the golden age of IP offers to hy’s letter, asking me to be the keynote tion to give applicants an opportunity to each of us. speaker, he wrote as follows: ‘‘We invite you fully evaluate the need for patent protection I have enjoyed being with you and thank to share your compelling personal experi- before the office is called upon to conduct you for your attention. ences of how you molded your successful ca- any examination. My point here is not to f reer path to the Vermont Supreme Court, all suggest specific initiatives. It is not my the while raising two daughters as a single place to tell the PTO how it should operate. VERMONT’S 12TH ANNUAL WOM- mother.’’ I only cite these as examples of the kinds of EN’S ECONOMIC OPPORTUNITY I was of course so excited to learn that things the new leadership of the PTO will CONFERENCE Senator Leahy knew my name. And, that he need to seek out if it is to avoid getting bur- Mr. LEAHY. Mr. President, today I thought I had done a good job of balancing a ied in the avalanche of new applications career and a family. But, after skipping looming on the horizon. would like to share with my friends in I know the PTO has engaged in a vigorous the Senate a great story of personal around the kitchen a bit, I settled down. effort to hire and train new examiners. I triumph and success as told by Sen. Leahy did not really know what those have been privileged to speak at a gradua- Vermont Supreme Court Associate Jus- compelling personal experiences were. Per- tion ceremony for an impressive class of new haps he was lured into inviting me because a tice Marilyn Skoglund, the keynote staff member had heard rumors that my examiners from the PTO’s new patent acad- speaker for Vermont’s 12th Annual emy. But that’s only half of the equation. It ‘‘successful career path’’ was pretty funny. serves no real purpose to hire new examiners Women’s Economic Opportunity Con- Someday I will be old enough to know better if an equal number of examiners—especially ference. than to discuss my past in public just be- experienced examiners—resign. The PTO will Marilyn forged her own remarkable cause I was so flattered someone of Sen. Lea- need to go back to basics and creatively path to success. She received her bach- hy’s stature asked, but, here I am. Ready to apply a new version of the Three R’s we all elor’s degree in fine arts from Southern reveal. I accept Sen. Leahy’s invitation to learned as kids. The rule for how to treat ex- Illinois University, and after moving to share my compelling, maybe, but more accu- aminers couldn’t be simpler: Respect, Re- Vermont, passed the bar exam on her rately, my ridiculous, oddball, clueless, expe- ward, and Retain. In this regard, it may be riences of how I managed to crawl my way first try all while raising her 7-year-old into the best job on the planet, all the while time for the PTO to develop new standards of daughter. Marilyn continued to rise examiner performance that mirror the stand- dragging two innocent, courageous daugh- ards of attorney performance used by law through the ranks of the Vermont Of- ters along in my wake. The journey through firms and corporate law departments. Just fice of the Attorney General where she the thicket of experiences was not always as attorney performance is not measured by served as both chief of the civil law di- pleasant, and mistakes were made. Truth is; billable hours alone, examiner performance vision and chief of the public protec- I may have nothing to offer to this audience. measured principally by the number of dis- tion division before her appointment in This is an economic conference. I am not an posals may not be the best approach. Count- 1994 to the district court, and subse- economist. I am not a psychologist. So, if ing disposals may be a raw indicator of per- you all just want to go get coffee and skip quently the Vermont Supreme Court in the gory details, I will understand. formance but does not recognize the judg- 1997. In addition to her accomplish- ment, thoroughness, and legal skills pro- To begin, how does one grade ‘‘success’’ in vided by first-rate examiners and expected ments, Marcelle and I admired balancing work and family? I am a justice on by the public. Marilyn’s candidness as she walked us the Vermont Supreme Court. I have a good Other patent offices around the world are through her journey. She offered more reputation as a jurist. I was a very good law- involved not only in giving birth to patents than 300 Vermont women a very honest yer. I have no arrest record. So far so good. but in assessing questions of validity raised and inspirational perspective on the re- I raised one daughter, let’s call her Martha, over the life of a patent. That may explain alities of balancing both a career and a who is an ObGyn doctor delivering babies in why examiners in many countries are treat- New Hampshire. She seems very content and family. satisfied with her life. She just got married ed differently than U.S. examiners. It is not Marcelle and I have hosted the that U.S. examiners are less competent or to a wonderful man on August 30th. Most im- any less dedicated. Far from it. But if the Vermont Women’s Economic Oppor- portant indicia of success: She loves me. I primary role of an examiner is limited to ex tunity Conference for 12 years, and we raised another daughter; I will call her Ruby, parte matters that end on the day the patent look forward to attending each year be- who is working on a Ph.D. in clinical psy- issues, there will understandably be a dif- cause we consider it one of the most chology. She is currently very annoyed at ferent interest on the part of the public in important events in which we take how hard life is, but feels good about her what examiners do and who they are than if part. Though our economy may be fac- work. She loves me. This sounds great! By they played an essential role in the deter- the way, I have changed their names to pro- ing difficult challenges, this year’s tect their privacy. They each bear their fa- mination of validity challenges throughout conference, and Marilyn’s story, the life of the patent. One way U.S. exam- ther’s last names, as do I, so hopefully, I iners would have a greater opportunity to be showed that adversity can be overcome have shielded them from any further embar- recognized in much the same way as their and met with great success—especially rassment from their mother, at least for counterparts in other countries is if the new by motivated and talented women of today. leadership at the PTO decides to energize the all ages. Because, while they may be well adjusted current reexamination system to make it Vermont’s economic future depends women, the truth is, they adjusted to what the attractive alternative to litigation it on the countless talented women who their mother put them through. And, if ‘‘suc- was originally intended to be. This would re- drive it. According to the Vermont cessfully balancing’’ includes a solid mar- quire a much expanded corps of experienced riage, I am not your girl. Two creative, in- Center for Women’s Business Studies, teresting, unique men, neither ever bored reexamination examiners and the implemen- women-owned firms generate an im- tation of streamlined procedures to accel- me. I love them to this day, I danced with erate the processing of all reexamination ap- pressive $1.5 billion annually and cur- each at Martha’s wedding, but it did not plications. rently employ more than 35,000 work out. While it is evident that the PTO will face Vermonters. In 2006, approximately 39 In addition to my inadequacies standing up unprecedented challenges in the years ahead, percent of all Vermont businesses were here before you, I would also point out that the leaders and examiners I know are capa- owned, or partially owned, by women. everyone in this audience is clearly way ble, dedicated, and clearly up to the task. I Even though the number of Vermont ahead of where I was when I wandered into adulthood. Obviously, you are all women have every confidence that the PTO will women-owned businesses is on the rise, meet the challenges ahead and will continue with a high degree of confidence in your- to be a model for the rest of the world. we must continue working to encour- selves and your ideas, ambitions, and goals. Many have said that this is the golden age age greater growth. You are at an economic conference, for heav- of intellectual property. In the years to Mr. President, I ask unanimous con- en’s sake. You have given some thought to come, we can expect to see significant ad- sent that Justice Skoglund’s speech, your life. At the beginning of my meandering

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.013 S20NOPT1 jbell on PROD1PC69 with SENATE S10726 CONGRESSIONAL RECORD — SENATE November 20, 2008 road to the Supreme Court, I had little con- all day every day in Montpelier, she was So, eventually, I connected again with an cept of who I was and had not considered who walking half a mile home from the school interesting, creative, blah, blah, blah man I wanted to be. bus stop to the adorable tiny three-room, un- and Ruby came along. At this time I am a To begin, my parents were the Swedish insulated cottage in the country with the lawyer in the civil law division of the AG of- equivalent of Ozzie and Harriet. I was raised only source of heat being a wood burning fur- fice. Yes, I had passed the bar. Ruby started in a nice middle class home in a nice mid- nace in the cellar. Walking home to a cold, day care at six months of age. And, having western suburb. There literally was a white empty house. But, the good news was that I found what I was supposed to be doing with picket fence around the yard. And, a little rented this cottage from Walter Smith. I am my life, I wanted to keep working. Oh the dog. My mother wore a dress every day of her pleased to have this opportunity to pay trib- guilt. Her father was on the road most of the life, so she did her house work looking like ute to my very own personal version of wel- time, and 21⁄2 years after Ruby was born, that Donna Reed. By the time I came along, my fare: Walter Smith. Walter was a beloved road did not pass by our house any more. father was working in a steel plant and Mom dairy farmer in Plainfield, about 68 years old One day, the call came from the day care had stopped being a hair dresser to raise two when I met him, who was my landlord for that Ruby was sick and I needed to pick her kids. There were no drugs in my school. My eleven years and my friend for twenty. He up. Naturally, I was scheduled to prosecute a father’s biggest complaint about me was died several years back. I loved him. physician before the Board of Medical Prac- that my bangs were too long. It was an idyl- So, at the age of eight, Martha was ex- tice that day. I had prepared the case for lic childhood. Just like on T.V. So I assumed pected to stoke the furnace when she got months. Witnesses had answered subpoenas everyone pretty much lived like I did. Father home. Sometimes, Walter would come over to appear. No other attorney in the office made enough so I could go to college. Back to help her. But most times he could not. knew the case. What I knew was that just in those olden days, in-state tuition at SIU And, you know, I did not agonize over this. outside the hearing room in the Secretary of was $97 a semester. And, I had part time jobs Donna Reed and June Cleaver would be hor- State’s office was a couch. So, I went and got to help pay my expenses. After four years, I rified, but I had to work. It was that simple. Ruby, swung by the house for a blanket and got married, continued going to school and Walter, who by then had become my surro- pillow and a juice box, and put her to bed in working part time, because it was cheap and gate father, had the hired hands bring over the hall of the Secretary of State’s office. it was fun. Finally, after seven years in col- truck loads of free split wood—an early I know that bundling up a sick little girl in lege, I decided to graduate, mainly because I version of ‘‘fuel assistance.’’ I could dip raw a hallway will not win me any parenting was pregnant and did not know how long it milk from the bulk tank for free. My very awards. But, helpful, understanding people would be until I could get back to going to own WIC program. He’d give me meat when working at the office kept an eye on Ruby classes. That should give you some idea of he butchered a cow whose milking days were while she slept. Ruby, too, adjusted to me. how totally clueless I was about the changes over. Very, very chewy, but free. Free eggs if But, being a mom with a profession that a child brings to a life. I fought the hens for them, and maple syrup. really requires adherence to a schedule also The baby was great, but then things quick- He would give me bushels of tomatoes and I had benefits. My first oral argument before ly stopped being cheap and fun. There is would put them up and give him half. If my the Vermont Supreme Court was scheduled. I something about the arrival of a child, and cupboard was really bare, Martha and I could was a nervous wreck. ‘‘Got to get plenty of one parent not working, that causes money always wander over to the farm house where sleep the night before so I’m sharp.’’ Instead Martha got the flu and we spent problems. My husband was working, but not Walter had cases and cases of chicken noodle most of the night with me holding her hair getting paid much. I was not working (day soup, which he ate every day with may- while she drove the porcelain bus. As soon as care didn’t exist in southern Illinois). And, onnaise sandwiches. He was my food shelf. Walter was done milking, I trundled Martha there came a time when I had to apply for Once, when Martha was about ten, I sent her over to his house, told him I would be back food stamps. Three months of food stamps. to school with a coconut and a hammer for in two hours, and went to Montpelier to the We were two middle class kids and we snack as I hadn’t had time to grocery shop. hearing. Being worried about Martha put the thought this was shameful, so of course, we Walter had given me the coconut as a joke, argument into a manageable perspective—I never told our folks and we couldn’t ask asking me what kind of turkey I thought had them for money for the same reason. But, of just did the job then ran home to be a mom. laid the brown hairy thing? The teacher sent Eventually, after 17 years at the Attorney course, we weren’t middle class kids any- a note home thanking me for providing an General’s office, I applied to be a trial judge. more—we were young parents with very lit- interesting project for the class. I thought I made it past the Judicial Nominating board tle money, renting a grimy little house with that was nice. and my name was sent to Governor Dean for giant slugs in the basement. See, I was not poor. I had Walter. And, consideration. Then, I got worried. Martha I’ll cut this gruesome chapter short. In 1973 there was a certain satisfaction about sup- was 21 by then, but Ruby was only 8 and I we moved to Vermont, my husband got laid porting myself and my child. off and then, after eleven years of marriage, But, I was also in love. Madly and passion- knew I’d be away from home for long hours he left. The reasons are not important. By ately in love with the law. The law is amaz- every day. I was scared so I withdrew my now my daughter was in first grade. and I ing. It is the infrastructure of society. Sen- name from consideration. When I told my was working a part-time job for very little sible, mostly. Logical, usually. Enduring. It daughters what I had done, the outcry was money. Those seven years in college? I adapts to changing mores and technologies, loud. Ruby was really insulted and said she’d walked out with a degree in fine arts—sculp- but only slightly faster than the movement be fine. Martha said she would help out. ture. See, I didn’t go to college with an ac- of the earth’s tectonic plates. How did the They convinced me it could work. I called tual career in mind. I expected to become my founding father’s accept the constitution to back the Governor’s office and said I had mom, making lunches, and ironing in my deal with the development of cyber-space changed my mind. When I had my interview pearls. My father always said, if a woman and artificial insemination? Heavy stuff. I with the Governor, I explained how my con- has to work outside the home, it should be in love it. I had decided to go into law thinking cerns for my children had caused me to one of the helping professions: teaching or I liked writing, words, and arguing. I hadn’t chicken out. He understood and appointed nursing. Things were not working out. What expected to discover that it felt like ginger me as a judge. And, it was hard. On me, and on Ruby. I would Donna Reed do? I pondered. ale poured over my brain. This is how I can got home late and left early. I was at least I decided to be a lawyer. Now, I do admit describe the joy, excitement, and the thrill an hour away if she got sick or hurt. There to having a selective memory about some of learning and understanding the basis of was one year when I was family court judge things. I do not remember my first husband the rules that manage our civilized life. asking me to marry him and I have no recol- If you have a passion, if you find your pas- in Washington county—where we live. Ruby lection of why I thought I could become a sion, you are a very lucky person. And, I had was in sixth grade when a big eighth grade lawyer. Law school wasn’t an option—there found my passion while Martha was stoking boy approached and asked, ‘‘Is your mom a was no money for tuition and besides, I had the furnace. judge?’’ But, here is an amazing fact: children have She admitted I was. to work. ‘‘She sent me to juvenile hall,’’ he said. I got a job working as a paralegal, law their own memories, and their own percep- ‘‘I’m sorry,’’ said little Ruby nervously. clerk at the attorney general’s office and tions about life. When she was in high ‘‘Oh, that’s all right, I screwed up.’’ He re- participating in that marvelous Vermont school, unbeknownst to me, Martha applied assured her. ‘‘She’s the one with black nail jewel, the four year reading clerkship. This for a Horatio Alger Scholarship, given to polish, right?’’ path to the bar required me to apprentice kids who have endured hardship and man- Finding herself in the familiar territory of myself for four years to a lawyer, and if I aged to be successful students in spite of it. mortification by her mother’s behavior, passed the bar exam, I was a real lawyer. I And, she got one. When she told me about Ruby admitted, ‘‘Yeah, that’s her.’’ began work in the AG’s office at a salary of this wonderful thing, I was so proud and de- I used to wear something odd on juvenile $7,000 a year, which quickly went up to lighted. Eventually it dawned on me to ask day to relax the kids, and this boy noticed. $12,000. Here’s an interesting fact: I had to in perfect ignorance: ‘‘What was your hard- Of course Ruby was pretty much always em- borrow a dress for the job interview at the ship?’’ barrassed by me. Now I am on the Supreme attorney general’s office. Now, at the time I ‘‘You,’’ she answered. She had written Court, but what did Ruby say when she heard knew I didn’t have any money, but I never about those days when she came home to an about the appointment at the age of twelve? thought I was poor. I was doing all right. empty cold house and had to face the cellar ‘‘Oh no, now you’ll be home all the time!’’ But if you ask my daughter, Martha, you’d and the furnace alone and cold. I have never What did I learn that I can offer to you? I get a different picture. While I was working read her winning essay. I am not that strong. tried to think of an inspirational saying or

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.095 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10727 two, but could not. I do get a lot of catalogs. Number 5: Play dough is far more impor- I ask unanuimous consent that the One particularly annoying one is chock full tant than doing the dishes. Get your prior- text of Marian Burros October 8, 2008, of heart warming sayings like, ‘‘Life isn’t ities straight. I was blessed with a job I New York Times article entitled ‘‘Unit- about waiting for the storm to pass. It’s loved, and then had the added joy of coming about learning to dance in the rain.’’ Oh home, forgetting about the law, and playing ing Around Food to Save an Ailing please. Storms are scary, rain is cold and with my daughters. Next confession: My Town’’ be printed in the RECORD to wet, and one can get muddy. Let’s get real. housekeeping would not win any awards ei- allow my colleagues an opportunity to Life is hard, get over it. ther. Sometimes the food in the refrigerator hear about the future of Vermont. Number 1: Take help that is offered. Would grew little sweaters. What housecleaning I There being no objection, the mate- I have survived without Walter Smith’s care did happened when the children were in bed. rial was ordered to be printed in the and kindness? I do not know. And I am glad And, they had clean clothes and decent food RECORD, as follows: I did not have to find out. and, most importantly, they knew their Number 2: If you do not have a snack, send mom loved playing with them. Legos, play UNITING AROUND FOOD TO SAVE AN AILING a coconut. In other words, be flexible. When dough, Barbies, puzzles. Whatever activity TOWN it came time to study for the bar examina- that allowed the analytical part of my mind HARDWICK, VT—This town’s granite compa- tion, I was on my own. I made little 3x5 fil- to go into sleep cycle was welcomed by me. nies shut down years ago and even the rowdy ing cards on all the subjects and set them So, don’t get so busy making a living that bars and porno theater that once inspired around the house so that whatever I was you forget to make colorful messes and the nickname ‘‘Little Chicago’’ have gone. doing, I could incorporate a little study. memories. Facing a Main Street dotted with vacant Some areas of law are governed by certain Number 6: Never, ever coast. After a few stores, residents of this hardscrabble com- factors that you just have to remember. Over years at the Attorney General’s office, the munity of 3,000 are reaching into its past to the kitchen sink I placed the filing card that AG asked me to become chief of the civil di- secure its future, betting on farming to listed the elements of a secured transaction. vision. I was one of two women in the divi- make Hardwick the town that was saved by Next to the toilet I posted the card that laid sion and all the men had more years of expe- food. out the parts of a bulk sale. I read them over rience than I as lawyers. Here’s a John With the fervor of Internet pioneers, young and over and over. And, poor Martha endured Wayne quote: ‘‘Courage is being scared to artisans and agricultural entrepreneurs are one pizza after another because I did not death but saddling up anyway.’’ Well, I mo- expanding aggressively, reaching out to in- cook much while I studied. seyed on into the AG’s office and said, ‘‘Yes, vestors and working together to create a col- Number 3: Pity parties are a waste of time, I would be pleased to be chief of the division. lective strength never before seen in this and a breeding ground for excuses. In other But, I would like a bigger badge.’’ seedbed of Yankee individualism. words, if your circumstances are not the To maintain respect and to get the mem- Rob Lewis, the town manager, said these most conducive to success, try anyway. bers of the division to be their best, I had to enterprises have added 75 to 100 jobs to the Would I have liked to go to law school? Of set an example. I worked as hard or harder area in the past few years. course. Could I? No. So what! Here’s my fa- than anyone else. I gave them no reason to Rian Fried, an owner of Clean Yield Asset vorite true example of making due with what complain about the AG’s choice. So if you’re Management in nearby Greensboro, which you have available. I watch the Canadian tel- running your own business or supervising has invested with local agricultural entre- evision coverage of the summer Olympic employees, it is more important to the bot- preneurs, said he’s never seen such coopera- games because it is so much better than that tom line the quality of work to set a positive tive effort. of the U.S. coverage. They celebrate indi- example than to offer token prizes to the em- ‘‘Across the country a lot of people are vidual athletes’ ‘‘personal bests’’ rather than ployee of the month who actually manages doing it individually but it’s rare when you the medal counts. And, they covered really to get to work on time five days in a row. I see the kind of collective they are pursuing,’’ weird events that I had never heard of, like expected the attorneys to be terrific and so said Mr. Fried, whose firm considers social dory racing. I thought it was very cool. They they were. and environmental issues when investing. did a background piece on Jerad Connaghten, To conclude, what do I know? My children ‘‘The bottom line is they are providing jobs an athlete training for the 200 meters in have forgiven me for most of my blunders, and making it possible for others to have track and field. He was from somewhere in they are fiercely independent, and can think their own business.’’ Canada that had no running track. So he and on their own. I’m proud of my work and even In January, Andrew Meyer’s company, his coach improvised. To train for strength more proud of my daughters. And, I am Vermont Soy, was selling tofu from locally they did sand starts taking off in deep sand grateful for the chances I have been given grown beans to five customers; today he has on the sea shore. They set up their own prac- and the courage to take them. My main mes- 350. Jasper Hill Farm has built a $3.2-million tice course. At the end of a dirt road was a sage to you is: Work hard. Then work harder. aging cave to finish not only its own cheeses little cottage and that cottage marked 200 And then, work harder still. but also those from other cheesemakers. But, I will leave you with another of those meters. The little mulberry tree was 50 me- Pete Johnson, owner of Pete’s Greens, is pithy homey sayings from the annoying ters out and the larger mulberry tree was the working with 30 local farmers to market catalog, and one that makes no sense to me 150 meters mark. Competing against the their goods in an evolving community sup- at all. world’s best, Jerad made it through the pre- ‘‘May the light always find you on a dreary ported agriculture program. liminary heats to the finals of the 200 meter day. When you need to be home may you find ‘‘We have something unique here: a strong event. I was so impressed. Work with what a way. May you always have courage to take sense of community, connections to the you’ve got. Excuses weigh you down. a chance and never find frogs in your under- working landscape and a great work ethic,’’ Number 4: Do not insult your children by pants.’’ said Mr. Meyer, who was instrumental in thinking life is too hard for them. In other moving many of these efforts forward. words, children are resilient. What might ap- f He helped start the Center for an Agricul- pear to have been my heartless expectation ENTREPRENEURIAL tural Economy, a nonprofit operation that is of little Martha’s abilities to care for herself ACHIEVEMENTS OF HARDWICK, VT planning an industrial park for agricultural at a very young age may have been influ- businesses. enced by my maternal grandmother, Olga. Mr. LEAHY. Mr. President, I rise Next year the Vermont Food Venture Cen- All four of my grandparents were born in today to highlight an emerging rural ter, where producers can rent kitchen space Sweden. Olga was the daughter of a farm economic model that some say serves and get business advice for adding value to family the Dahlbergs—with too many chil- as the perfect example of how rural raw ingredients, is moving to Hardwick from dren to feed. First the Dahlbergs sent their America can survive and thrive in to- Fairfax, 40 miles west, because, Mr. Meyer oldest daughter Margaret over to live with day’s global markets. said, ‘‘it sees the benefit of being part of the relatives in Chicago, the Larsons. Margaret My good friend Marian Burros re- healthy food system.’’ He expects it to assist died within months of her arrival of diph- cently wrote an article in the New 15 to 20 entrepreneurs next year. theria. Then the Dahlbergs put there next ‘‘All of us have realized that by working daughter, my grandma Olga, on the boat all York Times highlighting the sustain- together we will be more successful as busi- alone at the age of 12 and sent her to live able agricultural economy of Hard- nesses,’’ said Tom Stearns, owner of High with the Dahlbergs. Throughout my life, wick, VT, and Hardwick’s surrounding Mowing Organic Seeds. ‘‘At the same time whenever I thought life was too hard and I communities. These Northeast King- we will advance our mission to help rebuild was scared, I thought of my grandma trav- dom communities have begun attract- the food system, conserve farmland and eling alone across the ocean to the family ing the attention of local, regional and make it economically viable to farm in a where her older sister had died. How did she national media after the area began at- sustainable way.’’ do that? What were her nightmares? My tracting some unique characters with Cooperation takes many forms. Vermont grandmother was sweet, and kind, and pa- Soy stores and cleans its beans at High Mow- tient, and loving. Her early years did no ap- great ideas. From a community-owned ing, which also lends tractors to High Fields, parent damage. I know I could have done restaurant to renowned cheese makers, a local compositing company. Byproducts of better by Martha. I wish I could have done Hardwick and its surrounding towns High Mowing’s operation—pumpkins and better by Martha. I did the best I could and are at the center of an experiment in squash that have been smashed to extract that is my only consolation. social agricultural entrepreneurship. seeds—are now being purchased by Pete’s

VerDate Aug 31 2005 04:44 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.097 S20NOPT1 jbell on PROD1PC69 with SENATE S10728 CONGRESSIONAL RECORD — SENATE November 20, 2008 Greens and turned into soup. Along with ‘‘We have 200 C.S.A. participants so we’ve Communications Commission. I believe 40,000 pounds of squash and pumpkin, Pete’s become a fairly substantial customer of that his words in defense of the first bought 2,000 pounds of High Mowing’s cu- some of these businesses,’’ he said. ‘‘The amendment should be heard and heeded cumbers this year and turned them into local beef supplier got an order for $700 this by all Americans, not just by those pickles. week; that’s pretty significant around here. For the past two years, many of these We’ve encouraged the apple producer who who were fortunate enough to attend farmers and businessmen have met infor- makes apple pies to use local flour, local that event. mally once a month to share experiences for butter, local eggs, maple sugar as well as the I ask unanimous consent that the business planning and marketing or pass on apples so now we have a locavore apple pie.’’ statement of Peter Chernin from Octo- information about, say, a graphic designer ‘‘Twelve years ago the market for local ber 21, 2008, be printed in the RECORD. who did good work on promotional materials food was lukewarm,’’ Mr. Johnson added. There being no objection, the mate- or government officials who’ve been particu- ‘‘Now this state is primed for anything that rial was ordered to be printed in the larly helpful. They promote one another’s is local. It’s a way to preserve our villages RECORD, as follows: products at trade fairs and buy equipment at and rebuild them.’’ auctions that they know their colleagues Like Mr. Johnson, Mr. Stearns of High POLITICS, INDECENCY, AND THE FIRST need. Mowing Organic Seeds in Wolcott, who is AMENDMENT More important, they share capital. president of the Center, knew he wanted to They’ve lent each other about $300,000 in Thank you so much for that introduction, get into agriculture when he was a boy. His Senator Leahy. Your strong and unambig- short-term loans. When investors visited Mr. company, which grew from his hobby of col- Stearns over the summer, he took them on a uous support for the First Amendment is leg- lecting seeds, began in 2000 with a two-page endary on Capitol Hill, and I could not be tour of his neighbors’ farms and businesses. catalog that generated $36,000 in sales. Today To expand these enterprises further, the more pleased to have you, a former recipient he has a million-dollar business, selling Center for an Agricultural Economy recently of this award, as my presenter tonight. And seeds all over the United States. bought a 15-acre property to start a center thank you to the Media Institute for bestow- Woody Tasch, chairman of Investors Cir- for agricultural education. There will also be ing this honor on me. As the head of a media cle, a nonprofit network of investors and a year-round farmers’ market (from what company, I am at times painfully aware of foundations dedicated to sustainability, said: began about 20 years ago as one farmer sell- how important the First Amendment is to ing from the trunk of his car on Main Street) ‘‘What the Hardwick guys are doing is the our ability to create thought-provoking and and a community garden, which started with first wave of what could be a major social controversial content. And as a citizen of one plot and now has 22, with a greenhouse transformation, the swinging back of the this country, I am thankful every day for the and a paid gardening specialist. pendulum from industrialization and freedoms that we too often take for granted: Last month the center signed an agree- globalization.’’ the freedom to speak freely, the freedom to ment with the University of Vermont for fac- Mr. Tasch is having a meeting in nearby pursue our religious beliefs without persecu- ulty and students to work with farmers and Grafton next month with investors, entre- tion, and the freedom of the press to criticize food producers on marketing, research, even preneurs, nonprofit groups, philanthropists our government. transportation problems. Already, Mr. Meyer and officials to discuss investing in Vermont We live in a pluralistic society. One where has licensed a university patent to make his agriculture. diversity rules, where disagreement is a con- Vermont Natural Coatings, an environ- Here in Hardwick, Claire’s restaurant, sort stant, and where there is more than one mentally friendly wood finish, from whey, a of a clubhouse for farmers, began with in- right answer for every question. It’s messy. byproduct of cheesemaking. vestments from its neighbors. It is a Commu- And for creators of content, if we’re doing These entrepreneurs, mostly well educated nity Supported Restaurant. Fifty investors our jobs right, we sometimes offend people. children of baby boomers who have added who put in $1,000 each will have the money It’s that simple. And, believe me, we wrestle business acumen to the idealism of the area’s repaid through discounted meals at the res- with that fact. We struggle with complex long established hippies and homesteaders, taurant over four years. issues every day. Are we guilty of contrib- are in the right place at the right time. The ‘‘Local ingredients, open to the world,’’ is uting to the vulgarization of our society or growing local-food movement, with its con- the motto on restaurant’s floor-to-ceiling simply of mirroring it? Is it our responsi- cerns about energy usage, food safety and windows. ‘‘There’s Charlie who made the bility to be the arbiters of good taste, or is support for neighbors, was already strong in bread tonight,’’ Kristina Michelsen, one of it our duty to push boundaries? Is it even Vermont, a state that the National Organic four partners, said in a running commentary possible to create innovative programming Farmers’ Association said had more certified one night, identifying farmers and producers for a mass audience that is diverse on every organic acreage per capita than any other. at various tables. ‘‘That’s Pete from Pete’s level—from age, to religious affiliation, to Mr. Meyer grew up on a dairy farm in Greens. You’re eating his tomatoes.’’ ethnicity? Hardwick and worked in Washington as an Rosy as it all seems, some worry that as We don’t take these issues lightly. We are agricultural aide to former Senator Jim Jef- businesses grow larger the owners will be constantly thinking about the important fords of Vermont. ‘‘From my time in Wash- tempted to sell out to companies that would role we play in shaping our culture. Whether ington,’’ Mr. Meyer said, ‘‘I recognize that if not have Hardwick’s best interests at heart. we’re creating television shows, making Vermont is going to have a future in agri- But the participants have reason to be op- films, or working at a newspaper or pub- culture we need to look at what works in timistic: Mr. Stearns said that within one lishing house. Certainly, we must entertain, Vermont, and that is not commodity agri- week six businesses wanted to meet with him we must inform and we must provoke. But, culture.’’ to talk about moving to the Hardwick area. The brothers Mateo and Andy Kehler have at the same time, we must take very seri- ‘‘Things that seemed totally impossible ously the power we have to affect millions found something that works quite well at not so long ago are now going to happen,’’ their Jasper Hill Farm in nearby Greensboro. through our work. That’s why we stress the said Mr. Kehler. ‘‘In the next few years a new importance of individual editorial responsi- At first they aged their award-winning wave of businesses will come in behind us. So cheeses in a basement. Then they began bility across all of our businesses. But, yes, many things are possible with collabora- sometimes we do make mistakes. Everyone aging for other cheesemakers. Earlier this tion.’’ month they opened their new caves, with does. The alternative? Well, it’s chilling. If space for 2 million pounds of cheese, which f the media is ruled by fear of crossing an am- they buy young from other producers. TRIBUTE TO PETER CHERNIN biguous line, our product will be less vital The Vermont Institute for Artisan Cheese and more homogenous. Our ability to create at the University of Vermont is helping pro- Mr. LEAHY. Mr. President, I yield to news and entertainment that is thoughtful, ducers develop safety and quality programs, no one in my support of the freedoms provocative, and accurately reflects our soci- with costs split by Jasper Hill and the pro- set out in the first amendment to the ety will be compromised. And Americans ducers. ‘‘Suddenly being a cheesemaker in Constitution, and I have devoted con- will have far fewer choices. That’s why it’s Vermont becomes viable,’’ Mateo Kehler siderable time and energy to their pro- so critical that we don’t chip away at the said. First Amendment until it becomes toothless. Pete Johnson began a garden when he was tection and preservation. On October It must remain absolute in its protections. a boy on his family’s land. Now his company, 21, 2008, I enjoyed a very special Two weeks from today the U.S. Supreme Pete’s Greens, grows organic crops on 50 evening honoring Peter Chernin, the Court is hearing arguments in FCC v. Fox acres in Craftsbury, about 10 miles north of CEO of Fox News, and a man who Television Stations, the first indecency case here. He has four moveable greenhouses, ex- shares my belief in the need to vigor- it has heard since the ‘‘7 Dirty Words’’ case tending the growing season to nine months, ously defend the first amendment. was decided in 1978. At issue is whether Fox and he has installed a commercial kitchen That night, I congratulated Peter on violated the indecency law when it aired two that can make everything from frozen pre- receiving the Media Institute’s First live award programs in which actresses pared foods and soup stocks to baked goods blurted out one or two so-called ‘‘fleeting and sausages. In addition he has enlarged the Amendment Award, an award that he expletives.’’ While a case with Cher and Ni- concept of the C.S.A. by including 30 farmers richly deserved for his stand against cole Richie at its center is probably not one and food producers rather than just a single rigid and unyielding application of so- we would have chosen to argue before the farm. called indecency rules at the Federal Supreme Court, the truth is, we don’t get to

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.015 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10729 pick our cases. In fact, if anyone had told me tection of children must be considered in a ommendations as to what Congress can that my company would be before the U.S. Twenty-First Century light. Nearly every do now to tackle this problem and find Supreme Court defending inane comments TV set sold today includes a V-Chip, which solutions that last beyond today. I ask by Cher and Nicole Ritchie, I would have allows parents to block content they think unanimous consent to have today’s let- said you’re crazy. But I would contend that may be inappropriate for their children. the nature of this speech, and who said it, Cable, satellite, and telco video providers ters printed in the RECORD. makes absolutely no difference. Because at have finely-tuned, comprehensive parental There being no objection, the mate- the core of this case is an absolute threat to controls. And let’s not forget the most pow- rial was ordered to be printed in the the First Amendment. It hinges on utter- erful technology available to parents: the on- RECORD, as follows: ances that were unscripted on live television. off switch. These tools allow adults to pro- We are glad to hear that at least one of our If we are found in violation, just think about tect their kids while still being able to ac- politicians is concerned about how the gaso- the radical ramifications for live program- cess shows they love. line prices are affecting the middle class. ming—from news, to politics, to sports. In We as media companies also have a respon- Most of us feel that our government is ex- fact, to every live broadcast television event. sibility: to rate shows accurately and con- tremely out of touch with the majority of The effect would be appalling. sistently so the V-Chip works as it should. the country. There is a certain symmetry to the fact And, as I said earlier, we need to be respon- We are retired on a fixed income and we that the oral argument in this case and the sible with our creative output. This is some- worked hard all our lives and saved to get a election of the 44th President of the United thing we do on a daily basis through our motor home for vacations, but unfortunately States are taking place on the same day: The Standards and Practices departments, not we now cannot use it because of the price of Fox case, if successful, is an affirmation of only by exercising editorial judgment but by gasoline and it just sits there. We try to go the First Amendment. The election is an af- constantly fine-tuning and improving our in- out shopping for groceries and any other ne- firmation of our democratic process. And the ternal controls. cessities just once a week, making a list of two are inextricably intertwined. The First Let’s step back for a minute and get some items and stores, color coding so we do not Amendment is central to our democratic perspective on this issue. The indecency law forget anything. The cost of energy also has process because it ensures a full and open applies only to broadcast TV: that’s a hand- increased the price of groceries tremen- dialogue about the candidates for office. ful of channels. Over 85 percent of the coun- dously, so basic foods and produce are the Without the First Amendment, our democ- try receives their broadcast channels norm—doing away with any treats. We have racy could not be sustained. through a cable, telco line, or satellite sig- never seen the price of gasoline increase day But the truth is, people don’t think about nal. Sitting right next to the broadcast by day and a nickel to a dime at a time. defending broadcasters’ right to utter channels on these multichannel systems are We desperately need to have alternate expletives in the same way they think about hundreds of other channels that are not sub- sources of energy, such as coal, windmills, defending one’s right to speak critically of ject to the indecency law. solar and nuclear. We should have been our government. But they should. The First And those other channels are just a click building new refineries and recovering oil off Amendment is at stake in both cases. As a away on the remote control. Nor does the in- all of our coasts since the 1970s when this media company, we have not just a right but decency law apply to video-on-demand, pay same problem came up at that time, but, to a responsibility to stand up to the govern- per view, DVDs, or the mother of all content our shame, we did not. ment when it crosses that First Amendment providers: the Internet. Does it really make Automobiles should get a lot more than line in the sand—even if the content we are sense to continue government censorship of the 35 mpg that we have heard mentioned for defending is in bad taste. And in the inde- the occasional bad word, brief nudity, or sex- future vehicles. It should be at the very least cency context, that line has not only been ual innuendo on a handful of broadcast chan- 60 mpg, and there is no reason in this world crossed, it has been obliterated. That is why nels when we live in an environment of infi- with our technology that this could not be a Fox is fighting the FCC in this and several nitely unregulated choices? In the media- reality. Something should be done to in- other indecency cases. rich world we live in, singling out a few crease the mileage on all of the vehicles that I’ll admit: some of the content we are de- channels for indecency enforcement is not are already on the road. This is never men- fending is not particularly tasteful: the legally sustainable. tioned. We cannot just go out and buy a hy- expletives, the brief nudity, the carefully Quite simply, it is time for the government brid or other fuel efficient vehicle at the placed whipped cream and, of course, the to get out of the business of regulating ‘‘in- drop of a hat to help the situation. We drive pixels. I would not have allowed my own decent’’ speech on broadcast TV. The threat our 2002 Honda 4 cylinder between 55 and 60 children, when they were younger, to watch it poses to core First Amendment values mph on the highway to increase our fuel effi- some of these shows. But, I vow to fight to cannot be justified in our technologically di- ciency and you should see the bad looks we the end for our ability to put occasionally verse world. Parents have the tools to decide get. Highway mileage should be lowered to 55 controversial, offensive, and even tasteless what is appropriate for their children. Let’s mph like in the 70s to help conserve. content on the air. let parents do their job and fire the govern- We do hope that our government does Why? Because, if the government gets its ment from the job of censoring speech. The something quickly to improve this situation foot in the censorship door with respect to First Amendment is too important to our and that it is not handled like it was in the unpopular entertainment content, it is the democratic society—in this and future elec- 70s—all talk and no action. We need to be de- beginning of the steep slide toward censoring tions—to allow any encroachments to pendent on no one but ourselves for our en- unpopular political content. And we have threaten our country’s critical freedoms. ergy needs. No one is going to take care of seen the beginnings of this downward slide in Thank you. the USA and its citizens but the USA itself. a recent case where the FCC initially found We need some action now—Please. indecent content in a news program. If we f ROBERT AND ROBERTA, Idaho Falls. allow our government to intrude into the creative process to censor the ‘‘bad words’’ IDAHOANS SPEAK OUT ON HIGH Thanks for the opportunity to respond to at issue in the Fox case, I am afraid we will ENERGY PRICES your e-letter regarding energy costs and gas- soon reach the bottom of the slide—to Amer- Mr. CRAPO. Mr. President, in mid- oline prices. I agree that we in the US are far ica’s detriment. June, I asked Idahoans to share with too dependent on petroleum for energy. But Groups that claim to be interested in ‘‘pro- I think it is a selfish and short-sighted view tecting children’’ are helping the govern- me how high energy prices are affect- to defeat the climate change legislation. Our ment along in its attempts to censor tele- ing their lives, and they responded by focus should be, as you mentioned, on using vision. While I don’t agree with these groups, the hundreds. The stories, numbering less petroleum, not searching for petroleum I do fully support their right to criticize well over 1,200, are heartbreaking and everywhere we can, no matter the ecological what’s on television. But the job of pro- touching. While energy prices have cost. It is true; we do not have good mass tecting children is far too important to leave dropped in recent weeks, the concerns transit in Idaho and especially in the more to government bureaucrats or so-called pub- expressed remain very relevant. To re- densely populated Treasure Valley. I think lic interest groups. The job of protecting spect the efforts of those who took the tax dollars would be well spent to improve children lies with parents. The job of the the mass transit situation in the Valley. government is to resist the views of interest opportunity to share their thoughts, I We need to give tax incentives to clean, re- groups with particular agendas and instead am submitting every e-mail sent to me newable energy sources and rescind the tax to enforce the law in a way that is con- through an address set up specifically breaks given to the huge oil companies who sistent, fair, and constitutional. So I don’t for this purpose to the CONGRESSIONAL have been reaping record profits at the ex- blame these groups for the degradation of RECORD. This is not an issue that will pense of all Americans. The answer is in con- the First Amendment. I blame our govern- be easily resolved, but it is one that de- servation which includes improved mass ment, which has succumbed to the views of a serves immediate and serious atten- transit and in alternative transportation particularly vocal minority. tion, and Idahoans deserve to be heard. where there would be improved avenues for Look, I am not insensitive to the fact that bicycling and walking. young children need to be protected. And Their stories not only detail their It is true. I will not be driving as far for va- that’s difficult in an era of single parent, or struggles to meet everyday expenses, cation this year, though I would like to ex- two working parent households. But the pro- but also have suggestions and rec- plore areas in Idaho I have not yet seen. It

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.022 S20NOPT1 jbell on PROD1PC69 with SENATE S10730 CONGRESSIONAL RECORD — SENATE November 20, 2008 now becomes an expensive venture just to it and I am losing almost all of my faith in any other animal, and we, by accident of get to the Sawtooths or White Clouds. our government and the people representing evolution, happen to have the power to sus- TIM, Boise. the common people like me. One of my best tain or destroy this environment. Without a friends who was an owner-operator had to cosmic caretaker, the earth itself becomes I am contacting my Congressman about quit because diesel got too high for him to our only god and the environmentalist shows energy just as you have encouraged your profit much at all. Now it is been three his worship by reducing or eliminating constituents to do. I am in dismay, however, weeks and they just got their phone shut off human impact upon it and by treating hu- at the continued opportunism and political two days ago and their power shut off today. mans as vermin. It is an old religion and I grandstanding. That is, the only answer I see My stimulus money has gone to my power am tired of suffering at the hands of it is from many is to drill more oil. Every cred- bill, gas bill, rent etc. Sure you do not like misguided priests. ible energy scientist and economist knows to fill up your gas tank but does it cripple Please do your best to release energy, spe- that this will do little or nothing to curb our you financially like it does many, many peo- cifically nuclear and oil, to the free market foreign oil imports and zero to reduce the ple?! I think not. I have always stuck up for system. Irrational environmental policy and cost of fuel. Yet, despite this ever-predict- our local and federal government on many regulation have prohibited natural market able call for more domestic oil production, issues and criticized them on other issues, forces from creating more supply and oil- you flatly concede that ‘‘speculation [is] now but this time I as well as many people are pricing based on speculation has prevented driving up the cost of oil.’’ So I ask: why are fed up. Seriously this time, I am to the point the market from determining price. Imagine you and your colleagues still calling for now where I am struggling to make ends going to Wal-Mart to buy a t-shirt and find- more drilling when you know what it is you meet. I have spent over $60 in the last three ing that they now cost $100; and when you can do now to reduce fuel costs? Why are you days in gas just to get to work and back— ask the owner why this was so, he replies not regulating ‘‘the speculation now driving that is it! And I am close to empty again and that speculators determined that cotton up the cost of oil’’? Commodities speculators I have to get diapers for my son before I go crops would fail next year, so in preparation are at the heart of extreme oil prices, not to work tomorrow. The diaper money is com- they have raised prices early. As you know, supply and demand imbalances. We do not ing out of the power bill money I had put this is not how prices are determined. The want to hear any red herring arguments back. You need to sound off and be heard. At cotton producer charges as much as he can about the average Joe’s retirement portfolio least make it known to us that you are voic- based on his costs and competitors prices owning the bulk of oil company shares. The ing our concerns! and Wal-Mart charges a markup. If cotton issue is speculation; the answer is regulation CAMERON, Boise. crops indeed fail next year, then the buyer of speculation. pays more for the rare product and they pass JASON, Moscow. My husband and I are retired, he is mili- the increase to the consumer. When oil spec- tary retired and we recently purchased a ulators set price, we pay increases at the Last week I heard on the news that you small travel trailer since he can no longer pumps whether those speculations came true have received many letters and e-mails re- ride his motorcycle and our maiden voyage or not. There is no real connection to supply. lated to high gas prices. Hence, I have de- with it cost $300 in gas to go 200 miles round Please work to make this kind of price set- cided to write in and give you my two cents trip! Between gas and food prices, we cannot ting illegal and please work to release drill- on the matter. afford to go anywhere, much less eat out. We ing and refinement. The further we remove a I believe that the primary culprit that is have changed our daily living dramatically, commodity from the free market grid by so- causing high gas prices is globalization; par- and it is not a happy way to be in your re- cialist controls and uneducated environ- ticularly in the emerging economies of China tirement years. mental policy the more the people, you and India. The rapid growth of their econo- We urge you and all of Congress to start claim to represent, are hurt. Make the Amer- mies has drastically increased their demand drilling in our nation and bring back more ican dream possible by making it affordable. for petroleum. nuclear power plants. We must relieve our- JASON, Boise. Along with developing a comprehensive en- selves of dependence on foreign oil ASAP. ergy policy, the executive and legislative Lord only knows what our grandchildren The rising cost of fuel has a tremendous ef- branches of our federal government need to have to look forward to at this insane rate! fect on my household consisting of my hus- re-examine our economic policies, particu- ANGELO, Hayden Lake. band and myself. I am sole support for our larly in areas of foreign trade. During the family. Senator, as you know, wages in past two decades, the American middle class I will get right to the point—my wife and Idaho fall behind many other states. The has gotten the short end of the straw when it I are out of money. Our incomes have not cost of gas is outrageous and I blame the has come to previous trade policies. One does changed and our incomes used to pay our Congress for a lot of it. Why are we not drill- not have to look farther than our orchard in- bills with money to spare. We have a 91 ing in Alaska? Why are we not building re- dustry in the Treasure Valley. These trade Honda wagon and a 99 minivan, we pay $50 fineries away from coasts where hurricanes policies have really only benefitted the very and $70 to fill them up. Grocery prices are up have a tendency to hit? Why are not all of wealthy in our country. When I was in col- 100% in the last couple years because gas our refineries running full bore? lege ten years ago, we talked about prices are killing the trucking industry. Ex- There was a Democratic senator from the globalization in one of my classes and how if pensive gas has made almost everything else South who retired, I forget his name but he China copied the U.S.’s consumption then we expensive. Today, after filling both our cars wrote a book, ‘‘A Grand Party No More’’. Be- would be paying a premium for gas. This is with gas and grocery shopping, (with a list, fore he retired, he went to see for himself now reality. mind you), we ran out of money. For the where we would drill in Alaska. He said there In conclusion, too often our government first time ever, we put groceries on a credit would be no harm to anyone or anything, it fails to look long-term. It is time for a card. We are not credit card people, so this is is so far out in no man’s land. He said if change. We need to do in-depth independent anathema to us. there was a leak it would be of no con- analysis on our trade policies to determine When I turn on the TV or radio I hear some sequence as it would freeze the minute it hit what the long term effect will be on the av- politician telling us that drilling will not the ground. It is time we push the environ- erage American. Government policies need make a difference for ten years. As an engi- mentalists to the wall and out of the way. I to benefit society as a whole rather than a neering student, I cannot stomach that level believe in saving trees and wildlife, but there few. Our society is too self-centered on the of [deception]. First of all, I do not believe is no danger to any of these where we would ‘‘me’’ rather than on the collective ‘‘commu- that is true and second, if it were true, then drill. I recognize that we need to become nity’’. We also need to have a comprehensive we sure better get started. What if every independent of so much oil but how do we do energy policy. This policy needs to be long time an education bill were introduced, we that. I drive a ‘95 Forerunner and it is paid term and address conservation, efficiency, responded by saying that we would not see for. Not the best gas mileage but it is paid alternative and renewable sources of energy, the results for 12 years so let us not do it. for. I cannot afford any kind of a car pay- and possibly take into consideration addi- What if I told my child not to go to college ment for one of those new hybrids. Rebates tional domestic production of oil with strin- because they would not see a payoff for at are nothing, $2,000 in exchange for $26,000? gent environmental safeguards and firm con- least four years so do not bother. We are fi- The cost of a new car buys an awful lot of sequences for those companies that fail to nancially dying and our so-called leaders are gas. My income does not allow for any car comply with those safeguards. regurgitating some of the stupidest things I payment. BRENT DANIELSON, Boise. have ever heard. Everything is going crazy! A loaf of bread The bottom line is this: This planet does that cost $2.89 last year is now $4.29. Any- I am a single father of two sons, 3 years not exist for its own sake, it exists for ours. thing with corn or wheat is gone out of sight. and 13 months old. I am a truck driver. I We are not here by some cosmic accident; we We pay farmers not to grow wheat and now make decent money and have good benefits. are here by design and our designer gave us I hear we have to import it? How sad for But these fuel prices have gone too far for the tools we need to live and prosper. The America. America has sold its soul to China, our society! I am lucky I work at a place failure to drill for new oil and create new re- Mexico, Japan. If we were ever to go into an- where I can get a free bag of potatoes every fineries is the result of environmental phi- other world war, we could not even build once in a while because I cannot go grocery losophies, which are based on evolutionary what we would need to fight it. Is there a shopping because it is all too expensive! thinking. To the environmentalist, our pur- steel mill left in America? Is there a textile Wages have not changed a bit. I am sick of pose here is no more significant than that of mill left in America? You would be pretty

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.017 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10731 hard pressed to find one, a sad statement on Yes, gas has gotten way out of hand. Do close friend of mine, Tony Dean. As one us. what you can to decrease the costs and re- of this Nation’s foremost conservation- As to what I do? No trips during the week turn to a life with some normalcy. ists, one would be hard put to find except to work and back. If I can do any er- DIANA, Kootenai. someone who cared more about wildlife rand on the way, great, otherwise, it waits till the weekend. I plan one trip, one circle. Thank you for at least noticing that we and the environment. Tony passed If something is missed, too bad, it is missed. have a problem with the cost. I do not be- away on October 19. The real clincher is this, I tithe to my lieve, however, that anything can be done I had known Tony for years with his church, I give the Lord 10% of my gross in- with out us paying somewhere else. I make a radio and television broadcasting, but I come. It costs me almost as much, $10 less, good living working for the military here in was fortunate enough to get to know to keep my car in gasoline between pay- Boise but am still unable to put any money him much better in my 2002 Senate checks. Now I think it is pretty awful when aside. It is funny that every time we receive campaign. He told me that he was will- I have to give the gas company as much as a pay raise that the price of fuel goes up and ing to do whatever I needed him to do, I give the Lord. He gives me everything I our health care premiums grow as well, so and he was honest to his word. With his have, the gas company gives me nothing ex- you never see any savings. Thanks again; cept anger when I hear of the profits they good luck with this effort. natural and effective connection to tel- make. And I think that pretty well sums it CLINTON, Emmett. evision viewers, Tony starred in two up, 10% to the Lord vs. almost as much to commercials that were critical to the f the gas company! success of my 2002 campaign. I have no DIANNE, Hayden Lake. RETIREMENT OF WAYNE RIDDLE doubt that Tony’s support was crucial, though it resulted in many tests to his I am a taxi driver here in Boise. In a year’s Mr. KENNEDY. Mr. President, I wel- come this opportunity to pay tribute courage. Even amidst the backlash of time, the cost to fill my tank has increased his supporting my campaign, he said, nearly 100% but my average fare has re- to Wayne Riddle, who is retiring at the mained static. If it were not for my military end of this year from the Congressional ‘‘Tim, I know I did the right thing, and retirement, I would no longer make enough Research Service. Wayne is the model I’d do it again in a second.’’ Tony to cover basic costs and make a profit. I am of a dedicated and talented public serv- stared down the people who threatened 61 years old and am not practiced in a mar- ant. He has spent his career working him, and he refused to blink. ketable skill so the prospect of making a During Senator TED KENNEDY’s eu- out of the public eye for the greater move to another occupation is nil. My only logy of his brother Robert, Senator good, providing excellent assistance to reasonable hope is that Boise will increase KENNEDY stated that, ‘‘Few are willing all of us in Congress for over three dec- our per mile fees in the near future; it is un- to brave the disapproval of their fel- ades, and also taking time to mentor likely that fuel prices will decrease in the lows, the censure of their colleagues, near future. younger staffers. the wrath of their society. Moral cour- I have been watching your position on do- Wayne is a graduate of the Univer- age is a rarer commodity than bravery mestic drilling with interest. Though alter- sity of Virginia. He earned a master’s in battle or great intelligence. Yet it is native energy sources are imperative for the degree in economics from George future of America, I am pleased to see that the one essential, vital quality for Washington University while working you share my position that energy self-reli- those who seek to change a world that at the Congressional Research Service, ance is the immediate solution to our yields most painfully to change.’’ Tony where he has spent the past 36 years present crisis. I applaud you and urge you to had all those qualities, though most serving as a key analyst on elementary continue your good work and prosecute this importantly, moral courage. And Tony agenda with rigor. and secondary education, and twice as Dean had moral courage in spades. EARLE, Boise. head of the Education and Labor Sec- It was my pleasure to have worked tion at CRS. with Tony and I would like to offer my Not only is the fuel much too high but I Throughout that time, Congress has condolences to his family, friends, and cannot find employment. I am over 60, have given high priority to strengthening experience, but it seems I am ‘‘over-quali- fellow advocates. They have much to the Nation’s schools, and Wayne has fied’’ or I need more ‘‘experience’’. What a be proud of, and it is my hope that been helping us immensely every step lot of rubbish! I call it age discrimination, their memories will be rich with the of the way. He began not long after the but that is difficult to prove. With the fuel great many accomplishments he prices so high, if I do find employment, it passage of the original Elementary and achieved during his career. Those of us will take a huge chunk of my pay just to get Secondary Education Act of 1965—the who loved him pray that what he was back and forth to work. Are unemployment Federal Government’s major program to us and what he wished for others benefits going to be extended for Idaho resi- to improve educational opportunities will someday come to pass for the dents? My benefits ended this week, no hope for low-income students. Wayne has of a job in sight and my husband can not world. We will miss you, Tony. More been indispensable in our work on work due to medical reasons. What is a per- than any of us can say. son to do? every subsequent reauthorization of f Getting Desperate. the act and on all our other efforts on JANET, Emmett. elementary and secondary education, FORT POLK BARRACKS including the Goals 2000 Act during the PRIVATIZATION PILOT PROGRAM As Director of Gritman Adult Day Health Clinton administration and the No Ms. LANDRIEU. Mr. President, on which provides day health care for elders Child Left Behind Act during the cur- September 27, the Senate passed the who want to remain in their own home in rent Bush administration. His guid- Moscow and Latah County, I am including Duncan Hunter National Defense Au- an article from the NY Times which talks ance, support and knowledge on issues thorization Act for Fiscal Year 2009, about the cost of gas and how it affects rural big and small have been invaluable to which the President signed into law on elderly. It is very sad that these folks who us time and again. October 14. The legislation includes often aren’t able to drive are so affected by As Wayne retires to devote more critical provisions that will directly the cost of gas. Please do everything you can time to his family, I know that his col- improve the quality of life for our men to remedy this: http://online.wsj.com/article/ leagues at CRS will miss him, and so and women in uniform, support needed SB121263496261947543.html?mod=googlenews_ will we. I wish him a long, healthy, and reforms in the operations of the De- wsj happy retirement. He certainly de- BARB, Moscow. partment of Defense and provide our serves it, because he has served our soldiers, sailors, Air Force personnel Gasoline prices are now far too high for the country well, and made a very real dif- and marines with the tools they need average family, and causing increasing rises ference in the lives of countless chil- to defend our freedom. I thank and in the cost of living in many other areas. For dren who have benefited in their edu- commend Senator LEVIN and our col- instance, every time one goes to the grocery cation because of his expertise and leagues on the Armed Services Com- store, an increase in pricing is noted on dedication. mittee for the thorough work on this items, and thus causing many to have to go without needed supplies. Saving a percentage f detailed legislation and their persever- ance in crafting the legislation in a dif- of income has become just a dream for many, REMEMBERING TONY DEAN and others cannot make ends meet without ficult and at times uncertain process. going into further debt. Mr. JOHNSON. Mr. President, today I There were a number of filed floor BEVERLY, Parma. wish to recognize the passing of a very amendments to the bill that were not

VerDate Aug 31 2005 04:41 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.018 S20NOPT1 jbell on PROD1PC69 with SENATE S10732 CONGRESSIONAL RECORD — SENATE November 20, 2008 able to be considered because of the isting authorities to begin extending University Medical Center study of procedural situation on the floor in the successful privatization model to using acupuncture to treat September. The managers of the bill, construction and revitalization of Bar- fibromyalgia. The study, conducted Senator LEVIN and Senator WARNER, racks for all of our soldiers. under the auspices of an NIH grant, stated that they had prepared a set of f was a pioneer study in rheumatism re- over 90 cleared amendments in a man- search. Dr. Tian has also served as an agers’ package for which they believed ADDITIONAL STATEMENTS adjunct professor in the Department of they had unanimous consent to include Internal Medicine and Rheumatology at Georgetown University Medical in the bill. It is my understanding that TRIBUTE TO DR. XIAOMING TIAN one of those amendments was the pro- School. He has been the Director of the vision I had filed to expand the existing ∑ Mr. DOMENICI. Mr. President, today Wildwood Acupuncture Center and pilot authority in section 2881a of title I pay tribute to the outstanding Academy of Acupuncture and Clinical 10, to authorize the Army to carry out achievements of Dr. Xiaoming Tian. Medicine since 1986 and, with Professor a pilot program using the private sec- For many years, Dr. Tian has been rec- Shangaing Chen, Dr. Tian established tor for the acquisition or construction ognized as a leading practitioner of an osteoporosis and osteoarthritis re- of military unaccompanied housing for Chinese medicine, acupuncture and al- search center at Beijing Medical Uni- all ranks in an arrangement similar to ternative medicine in the United versity in China. Finally, in 2006, Dr. what we have carried successfully with States. I am very pleased that Dr. Tian was appointed to a four-year term the privatization of family housing and Tian’s recognition was extended world- on the Cancer Complementary and Al- senior unaccompanied soldiers. While I wide when he received the prestigious ternative Medicine Editorial Board of was very disappointed that the amend- World Federation of Chinese Medicine the National Cancer Institute’s Physi- ment could not be adopted because of Societies, WFCMS, world award for dis- cian Data Query, PDQ, system, the the procedural situation, I want to tinguished physician earlier this year. comprehensive cancer database. thank Senator LEVIN and the other This award is the highest honor the It is fitting that we pay tribute to members of the committee for their WFCMS can bestow, and it is only pre- the achievements of Dr. Xioming Tian, willingness to support inclusion of the sented to a handful of physicians each who has done so much to help patients public-private sector partnership ap- year. This year, only 10 clinical physi- with his groundbreaking research and proach for ensuring improved housing cians worldwide were honored and Dr. treatment in the emerging field of for all ranks of our single soldiers. Tian received the distinction of the complementary and alternative medi- The Army already has five similar only recipient in the United States. cine. I congratulate Dr. Tian on his dis- privatization projects underway for The World Federation of Chinese tinguished award and ask that he con- senior unaccompanied enlisted per- Medicine Societies was founded in 2003 tinue his fine work.∑ sonnel or officers. The business case for and is headquartered in Beijing. Cur- f these projects shows that they are not rently, the federation is chaired by Dr. TRIBUTE TO DR. JAMES TEGNELIA only less costly than traditional gov- She Jing, Vice-Minister of Health and ∑ Mr. DOMENICI. Mr. President, today ernment-funded construction and Director of the State Administration of I wish to pay tribute to Dr. James sustainment, but more importantly, Traditional Chinese Medicine of the Tegnelia who will be retiring from his the living conditions are vastly im- People’s Republic of China. The position as the Director of the Defense proved as soldiers have access to larg- WFCMS includes 174 Chinese medical Threat Reduction Agency, DTRA, in er, modern apartments on post. The associations from 55 countries and is February 2009 and returning to New living conditions for these soldiers and the highest global organization of Chi- nese medicine. Mexico. officers will be enhanced to the same The DTRA is charged with safe- In honoring Dr. Tian, the WFCMS re- level as that of military members with guarding the United States and its al- ports, ‘‘Dr. Xiaoming Tian’s great con- families. lies from the threat of weapons of mass tributions include many different areas Given our Nation’s current financial destruction, WMD, and consists of a such as clinical medicine, research, crisis, defense spending is likely to 2,000 member team. Dr. Tegnelia has new Chinese herbal medicine develop- come under great stress over the next been the Director of this prestigious ment, education and health care pol- few years. Historically the Army and Agency since February of 2005 and has icy. Dr. Tian is highly respected by the other services have had great chal- been an integral part of its many ac- medical professionals and patients in lenges in maintaining even minimum complishments. levels of housing sustainment and revi- the United States.’’ Prior to his appointment as the Di- talization funding to keep our barracks As the WFCMS noted, in May of 1991 rector of the DTRA, Dr. Tegnelia was fit for our soldiers. I can speak from Dr. Tian established the first Chinese the vice president, Department of De- personal experience about the serious acupuncture clinic at the National In- fense Programs, at Sandia National deficiencies in the barracks at Fort stitute of Health, NIH, Clinical Center. Laboratory in Albuquerque, NM, start- Polk in Leesville. Despite the recent This clinic represented the first time ing in 1998. He has been involved in de- increase in Army funding for barracks that the NIH had formally recognized fense-related fields since 1971 and has a revitalization there, I worry that need- acupuncture as a routine treatment long and distinguished career in cham- ed long-term funding will be difficult and had developed a procedure code for pioning innovative causes. From in- to secure under the traditional model it. Dr. Tian became the first clinical creasing the DTRA’s efforts in science to prevent deterioration in the longer consultant on acupuncture within and technology investment in nuclear run. Improved quality of life, including NIH’s medical staff. detection, nuclear forensics and ad- housing, is critical to the retention of In addition to his work at NIH, Dr. vanced energetic capabilities, to work- our enlisted soldiers, and critical to Tian has taken part in a variety of dif- ing on the global stage in the inter- keeping our All Volunteer force strong. ferent research endeavors including an national effort to counter WMD—in Partnerships between the Army and intramural study on the efforts of part through the establishment of re- the private sector for this segment of using acupuncture to treat cancer pa- gional and global nonproliferation our military housing will be needed as tients from 1992–1993 and an appoint- partnerships—Dr. Tegnelia has been a a fundamental long-term solution to ment by President Clinton as one of 20 true leader in protecting our great Na- providing the best housing for our sol- members of the White House Commis- tion. diers. sion on Complementary and Alter- In addition to his leadership in secur- Despite the procedural setback in native Medicine Policy set up to report ing our country and its allies from the September, I appreciate the support we on policy changes that would ensure threat of WMD, Dr. Tegnelia has received for our amendment and am the potential benefits of complemen- worked to strengthen the capabilities committed to continue working with tary and alternative medicine from of the DTRA, transforming the Agency the Armed Services Committee to ad- 2000–2002. into a combat support-focused, tech- vance this issue in 2009. We are also More recently, as a co-investigator, nically agile and operationally rel- hopeful that the Army will use its ex- Dr. Tian participated in a Georgetown evant organization.

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.002 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10733 Dr. Tegnelia has been a great asset to the program in 1998. They provided a and am pleased to see them publicly the DTRA and to the protection of our strong foundation that was built on by honored with accreditation by the Nation. My wife Nancy and I wish Dr. their highly capable successors—Gary American Association of Museums.∑ Tegnelia and his family the best in his Schwartz, Janice Evans, Jeff Berger, f retirement and subsequent return to Jim Addy and Judy Jeffrey. TRIBUTE TO WILLIAM D. our great State of New Mexico.∑ I would also like to express my ap- WAGONER f preciation to the individuals who have served on the School Budget Review ∑ Mr. KENNEDY. Mr. President, I wel- IOWA DEPARTMENT OF Committee—Cynthia Eisenhauer, Mi- come this opportunity to commend EDUCATION chael Tramontina, Charlie Krogmeier, William D. Wagoner of Royal Oak, MI, ∑ Mr. HARKIN. Mr. President, in Iowa Clark Yeager, Wayne Drexler, Marilyn who last week retired from a long and and across the United States, a new Perkins, Connie Cook, Su McCurdy, distinguished career in public service. school year is well underway. As you Don Hansen, and Jane Babcock—for For the past 35 years, Dr. Wagoner know, Iowa public schools have an ex- their skilled oversight of the program dedicated his career to the public good, cellent reputation nationwide, and and to the Iowa State Board of Edu- working to establish innovative and Iowa students’ test scores are among cation for their leadership and support. sustainable practices in urban plan- the highest in the Nation. As we mark the 10th anniversary of ning, emergency management, and I would like to take just a few min- the Harkin school grant program in teaching the next generation of plan- utes today to salute several dedicated Iowa, I am obliged to point out that ners and emergency responders. His ex- public servants at the Iowa Depart- many thousands of school buildings traordinary career spanned the entire ment of Education, and to report on and facilities across the United States spectrum of government service, from their successful involvement in a are in dire need of renovation or re- the local level to the Federal level. unique Federal partnership to repair placement. In my State of Iowa alone, Dr. Wagoner began his career in serv- and modernize school facilities. according to a recent study, some 79 ice by teaching history and political This fall marks the 10th year of the percent of public schools need to be up- science at a public high school in Iowa Demonstration Construction graded or repaired. The harsh reality is Clarkston, MI. He went on to earn his Grant Program. That is its formal that the average age of school build- master’s degree in urban planning and name, but it is better known among ings in the United States is nearly 50 his doctorate in public administration. educators in Iowa as the program of years. For 18 productive years, he served as Harkin grants for Iowa public schools. Too often, our children visit ultra assistant city manager in Berkley, MI, Since 1998, I have been fortunate to se- modern shopping malls and gleaming a large suburb of Detroit, and for the cure a total of $121 million for the Iowa sports arenas on weekends, but during past 16 years has been director of plan- Department of Education, which se- the week go to school in rundown or ning and community development for lects worthy school districts to receive antiquated facilities. This sends ex- Livingston County, the fastest growing these grants for a range of renovation actly the wrong message to our young county in Michigan. Dr. Wagoner has and repair efforts—everything from up- people about our priorities. We have to written several books on urban plan- dating fire safety systems to building do better. ning and emergency response, and has new schools or renovating existing fa- That is why I am deeply grateful to served for decades as an instructor for cilities. In many cases, this Federal the professionals at the Iowa Depart- the Federal Emergency Management funding is used to leverage public and/ ment of Education. There is no ques- Agency. or private local funding, so it often has tion that a quality public education for President Kennedy asked a genera- a tremendous multiplier effect in a every child is a top priority in our tion of Americans to give of themselves local school district. state. I salute them and wish them for our country and for its future. Dr. The Federal funding has made a real well.∑ Wagoner answered President Kennedy’s difference for the 304 Iowa school dis- f call and has inspired countless others, tricts that have received Harkin grants who have worked with him or who have over the past decade. The grants have CONGRATULATING THE WASH- been his students, to do the same. I helped school districts from Waukon to INGTON PAVILION OF ARTS AND congratulate Dr. Wagoner for his re- Glenwood and from Keokuk to Rock SCIENCE markable public service, and I wish Rapids build new schools, add new ∑ Mr. JOHNSON. Mr. President, today him a long and healthy and happy re- classrooms, renovate facilities and I honor the board of directors and dedi- tirement. He has served America well.∑ bring buildings up to fire codes. cated staff at the Washington Pavilion f The progress we have witnessed is of Arts and Science in Sioux Falls, SD, due, in large part, to the hard work and on their accreditation by the American TRIBUTE TO STANLEY E. REED leadership of the Iowa Department of Associate of Museums. Since its cre- ∑ Mrs. LINCOLN. Mr. President, it is Education. When this program began, ation in 1999, the Washington Pavilion with great pleasure that I rise today to the department did not have experience of Arts and Science has provided edu- honor and recognize over 25 years of in administering a grant program of cation and inspiration to those of all service by Stanley E. Reed to our great this kind, but key personnel stepped up ages in the Sioux Falls region. State of Arkansas. A third-generation to plate to create and implement the The Washington Pavilion has three cotton farmer from Marianna, AR, successful program we have today. main program areas, all designed to Stanley has served the Arkansas agri- In the last 10 years, department staff make art and science a part of every- culture community with steady leader- have received, reviewed, processed and day life. The Kirby Science Discovery ship for over 20 years as a member of scored 1,370 grant applications which Center introduces visitors to things the Arkansas Farm Bureau Federation resulted in 820 grant awards and com- like hands-on archeology, weather, and board, including the last five as presi- pletion of 773 projects. The department space shuttles. The Wells Fargo dent. At the upcoming Farm Bureau processed thousands of payment re- CineDome Theatre allows viewers to State Convention on December 4, Stan- quests for project costs, conducted travel the universe or witness nature ley will hand over the gavel as presi- more than 300 site visits to monitor the in vivid detail. Lastly, the Visual Arts dent, and I wanted to take this oppor- program and provided the professional Center brings art to all generations tunity to recognize his many contribu- administration that taxpayers deserve. with its six galleries and changing ex- tions to our State. I salute the entire staff, administra- hibits. Born in Marianna in 1951, Stanley at- tion, and governance of the Iowa De- I wish to congratulate the Wash- tended the University of Arkansas partment of Education for their excel- ington Pavilion of Arts and Science on where he graduated in 1973 with a de- lent work. In particular, I would like reaching this milestone in their mis- gree in Agricultural Engineering and to recognize C. Milton Wilson, Leland sion, and for their service to the com- was awarded Highest Honors. Although Tack, Ann McCarthy and Ted Stilwill munity. Once again, I commend the in- Stanley was a tremendous student, he for their leadership in helping create dividuals involved in this enterprise also displayed his leadership skills

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.035 S20NOPT1 jbell on PROD1PC69 with SENATE S10734 CONGRESSIONAL RECORD — SENATE November 20, 2008 early on, serving as President of Sigma steps down as president of the Arkan- brance of his life and his service, my Alpha Epsilon Fraternity, President of sas Farm Bureau, I want to thank him utmost gratitude goes to all those who the Inter Fraternity Council, and for all that he has done for Arkansas have served.∑ President of the Cardinal XX Honorary and in particularly, the Arkansas agri- f Society. Upon graduation, Stanley at- culture community. Stanley, although tended the University of Arkansas you are ending your tenure, I know you TRIBUTE TO DR. RONALD DAVIS School of Law were he received his will not be far away. I look forward to ∑ Ms. STABENOW. Mr. President, Juris Doctorate in 1976 and was also working with you and know you will today I honor a truly great man and a awarded Highest Honors. Upon taking continue to make your impact felt in good friend, Dr. Ronald Davis, who died the Arkansas Bar Exam that year, your community and in the State you on November 6, 2008 at his home near Stanley scored the highest grade in the love so much.∑ East Lansing, MI. State. f Dr. Davis was an outstanding physi- Although licensed as an attorney, cian, a great leader, and an effective, Stanley returned to the family farm, TRIBUTE TO DR. CHARLES E. LEA impassioned advocate for the unin- producing cotton in Lee and St. ∑ Mrs. MCCASKILL. Mr. President, sured. As President of the American Francis Counties. He soon became ac- today I wish to speak about the life of Medical Association, Ron helped focus tive within the agricultural commu- a truly outstanding Missourian. On Oc- nity and served as president of the Lee our attention on making sure health tober 7, 2008, this nation lost a son, a care was available and affordable for County Farm Bureau from 1982–1984. soldier, and a community servant when Soon after, he joined the board of di- all Americans. Dr. Charles E. Lea of Lexington, MO, We worked together earlier this year rectors of the Arkansas Farm Bureau passed away. While we mourn his pass- Federation in 1988, later serving as sec- on the Farm Bill—an unusual issue for ing, we are extraordinarily grateful for physicians to get involved in—but Ron retary-treasurer for 6 years, vice presi- all that he gave to his community, his dent for 4 years, and, as I mentioned and I were committed to making sure State, and his country during his life- our Federal farm policy promoted before, president for the past 6 years. time. He has also served on the American health and nutrition. With his help, we I believe that Dr. Lea is a wonderful passed a truly groundbreaking farm Farm Bureau Board of Directors since example and reminder of the brave men 2004. bill that increased the Federal commit- and women who have served our coun- ment to fresh fruits and vegetables. His involvement in the Arkansas ag- try in the past and continue to serve it riculture community has led him on Last February, Ron was diagnosed today in this time of great need. with pancreatic cancer. This cancer, trade missions to Taiwan, Korea, In 1957, Dr. Lea graduated from the which affects over 37,000 Americans Japan, Mexico, Turkey, Brazil, South United States Military Academy at each year, is unfortunately one of the Korea, and Peru. In addition, I had the West Point, and after putting himself hardest to treat. But Ron didn’t see it good fortune to be joined by Stanley through medical school at the Univer- that way. He told his fellow doctors, and other Arkansas farmers on a trade sity of Missouri, volunteered for serv- ‘‘Never take away someone’s hope,’’ mission to Cuba in 2000 to discuss the ice in Vietnam. Widely regarded and and he lived by those words. opening of the Cuban market to Arkan- recognized as a humble servant, Dr. Even while undergoing painful and sas goods. Lea was awarded the Bronze Star, the What makes Stanley so unique, difficult cancer treatments, Ron was Legion of Merit, the Soldier’s Medal, though, is that his service to Arkansas on the front lines, educating the public four Air Medals, the Army Commenda- extends beyond the agriculture world. about support Web sites for cancer pa- tion Medal, the Vietnam Cross of Gal- Education has always been a priority tients that allow families to stay in- lantry, the Combat Medical Badge, and for him. He served for 4 years on the formed while building a support net- the Parachutist Badge for his service. Lee Academy School Board, where his work for the patient. While awards and commendations ob- children attended, and he just recently A champion for preventative medi- viously show a great deal about a per- completed a 10-year term on the Uni- cine and public health, Dr. Davis was a son, I am a believer that the strength versity of Arkansas Board of Trustees, leading advocate for healthier life- of a person’s character is revealed in where he served as chairman for 2 styles. He traveled the country urging his or her daily actions. Those who years. He is a member of the Arkansas Americans to quit smoking, exercise knew Dr. Lea best shared an anecdote Academy for Agriculture Engineers more, and eat better. with me regarding his time in Viet- and has been honored as Distinguished He also led the effort for the historic nam. Dr. Lea was featured in news- Alumni of the College of Engineering. apology by the AMA to African-Amer- papers and on television here at home Additionally, he has served on the ican doctors for the organization’s past for his efforts during the war to save a board of directors for Baptist Health exclusion of Black physicians. He be- village elephant that had been shot. and as a board member of Simmons lieved that ‘‘by confronting the past we Seemingly insignificant at the time, First National Bank. can embrace the future,’’ and pushed to those efforts placed the United States, Faith is an important part of Stan- increase enrollments by minorities in and our servicemen and women, in high ley’s life. A member of the First Bap- medical schools and health professions. regard in the eyes of the Vietnamese tist Church in Marianna, Stanley has I want to express my deepest sym- village. This small effort, not part of served as a Deacon in the church and pathies to his wife Nadine and his three his duty or orders, but undertaken by a taught youth and adult Sunday School sons, Jared, Evan, and Connor. Amer- man trying to make a difference, had classes for over 20 years. More impor- ica has lost a great doctor, and his tantly, he has been involved in prison an extensive impact. Following his military service, Dr. family has lost a great man. Ron’s ex- ministries locally and oversaw the traordinary record of community serv- fundraising and construction of the Lea became a general practice family physician and served countless families ice, dedication, and courage should prison chapel at an Arkansas Depart- serve as an inspiration to us all.∑ ment of Corrections facility. in Oklahoma and Missouri throughout And last but certainly not least, his medical career. f As I reflect on Dr. Lea’s life today, I Stanley’s family—his wife Charlene MESSAGES FROM THE PRESIDENT and three children, Haley Davis, Na- am reminded not only of the value of than, and Anna—has been a tremen- his personal service and sacrifice, but Messages from the President of the dous source of pride and inspiration for of the committed service and selfless United States were communicated to him. In fact, Nathan is carrying on the sacrifice of all the men and women who the Senate by Mrs. Neiman, one of his family farming tradition and works have served this country in uniform. secretaries. with Stanley on the farm. Stanley is America owes a large debt to all of the f also the proud grandfather to Anna remarkable men and women who have Kate, Jack, and Haven Davis. served this great nation. I would like EXECUTIVE MESSAGES REFERRED As you can see, Stanley Reed is Ar- to express my sincere thanks to Dr. As in executive session the Presiding kansas through and through. So as he Lea and his family, and in remem- Officer laid before the Senate messages

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.045 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10735 from the President of the United ting, pursuant to law, the report of a rule en- that was declared in Executive Order 12170 States submitting sundry nominations titled ‘‘Walnuts Grown in California; In- on November 14, 1979; to the Committee on and a treaty which were referred to the creased Assessment Rate’’ (Docket No. AMS– Banking, Housing, and Urban Affairs. EC–8747. A communication from the Presi- appropriate committees. FV–08–0054) received in the Office of the President of the Senate on November 12, dent of the United States, transmitting, pur- (The nominations received today are 2008; to the Committee on Agriculture, Nu- suant to law, a report on the continuation of printed at the end of the Senate pro- trition, and Forestry. the national emergency with respect to the ceedings.) EC–8737. A communication from the Ad- proliferation of weapons of mass destruction ministrator, Agricultural Marketing Serv- f that was declared in Executive Order 12938 ice, Department of Agriculture, transmit- on November 14, 1994; to the Committee on MESSAGES FROM THE HOUSE ting, pursuant to law, the report of a rule en- Banking, Housing, and Urban Affairs. titled ‘‘National Organic Program (NOP), EC–8748. A communication from the Sec- At 3:01 p.m., a message from the Sunset Review (2008)’’ (RIN0581–AC76) re- retary of the Treasury, transmitting, pursu- House of Representatives, delivered by ceived in the Office of the President of the ant to law, a six-month periodic report on Mr. Zapata, one of its reading clerks, Senate on November 12, 2008; to the Com- the national emergency with respect to announced that pursuant to section mittee on Agriculture, Nutrition, and For- Syria that was declared in Executive Order 1238(b)(3) of the Floyd D. Spence Na- estry. 13338 of May 11, 2004; to the Committee on tional Defense Authorization Act for EC–8738. A communication from the Direc- Banking, Housing, and Urban Affairs. Fiscal Year 2001 (22 U.S.C. 7002), tor, Regulatory Review Group, Department EC–8749. A communication from the Sec- of Agriculture, transmitting, pursuant to retary of the Treasury, transmitting, pursu- amended by division P of the Consoli- law, the report of a rule entitled ‘‘Cotton ant to law, a six-month periodic report on dated Appropriations Resolution, 2003 Program Changes for Loans, Loan Deficiency the national emergency with respect to Iran (22 U.S.C. 6901), and the order of the Payments, Upland Cotton, and Extra Long that was declared in Executive Order 12170 of House of January 4, 2007, the Speaker Staple (ELS) Cotton’’ (RIN0560–AH81) re- November 14, 1979; to the Committee on reappoints the following member on ceived in the Office of the President of the Banking, Housing, and Urban Affairs. the part of the House of Representa- Senate on November 12, 2008; to the Com- EC–8750. A communication from the Chair- tives to the United States-China Eco- mittee on Agriculture, Nutrition, and For- man and President, Export-Import Bank of the United States, transmitting, pursuant to nomic and Security Review Commis- estry. EC–8739. A communication from the Under law, a report relative to a transaction in- sion, effective January 1, 2009: Mr. Mi- Secretary of Defense (Comptroller), trans- volving U.S. exports to Ireland; to the Com- chael Wessel of Falls Church, Virginia. mitting, pursuant to law, the report of a vio- mittee on Banking, Housing, and Urban Af- lation of the Antideficiency Act that oc- fairs. At 5:01 p.m., a message from the curred within the Third United States Army, EC–8751. A communication from the Chair- House of Representatives, delivered by U.S. Army Central Command, and has been man and President, Export-Import Bank of Mr. Zapata, one of its reading clerks, assigned case number 05–17; to the Com- the United States, transmitting, pursuant to announced that pursuant to section mittee on Appropriations. law, a report relative to transactions involv- 125(c)(1) of the Emergency Economic EC–8740. A communication from the Sec- ing U.S. exports to The Netherlands; to the Committee on Banking, Housing, and Urban Stabilization Act of 2008 (Public Law retary of Veterans Affairs, transmitting, pursuant to law, the report of a violation of Affairs. 110–343), and the order of the House of the Antideficiency Act that occurred in the EC–8752. A communication from the Asso- January 4, 2007, the Minority Leader Department of the Treasury in the Direct ciate Director, Office of Foreign Assets Con- appoints the following Member on the Loan Financing Account; to the Committee trol, Department of the Treasury, transmit- part of the House of Representatives to on Appropriations. ting, pursuant to law, the report of a rule en- the Congressional Oversight Panel: Mr. EC–8741. A communication from the Under titled ‘‘Iranian Transactions Regulations’’ (31 CFR Part 560) received in the Office of the HENSARLING of Texas. Secretary of Defense (Personnel and Readi- ness), transmitting, pursuant to law, a re- President of the Senate on November 12, f port entitled ‘‘Special Working Group on Re- 2008; to the Committee on Banking, Housing, serve Component Members Returning from and Urban Affairs. ENROLLED BILLS SIGNED Deployment in Operation Iraqi Freedom and EC–8753. A communication from the Asso- The message also announced that the Operation Enduring Freedom’’; to the Com- ciate General Counsel for Legislation and Speaker had signed the following en- mittee on Armed Services. Regulations, Office of the Secretary, Depart- rolled bills: EC–8742. A communication from the Under ment of Housing and Urban Development, Secretary of Defense (Personnel and Readi- transmitting, pursuant to law, the report of S. 602. An act to develop the next genera- ness), transmitting, pursuant to law, a re- a rule entitled ‘‘Pet Ownership for the Elder- tion of parental control technology. port entitled ‘‘Long-Term Operational Mis- ly and Persons With Disabilities’’ (RIN2501- S. 1193. An act to direct the Secretary of sions Performed by Reserve Component AD31) received in the Office of the President the Interior to take into trust 2 parcels of Members Providing Operational Support of the Senate on November 12, 2008; to the Federal land for the benefit of certain Indian Pursuant to 10 U.S.C. 115(b)’’; to the Com- Committee on Banking, Housing, and Urban Pueblos in the State of New Mexico, and for mittee on Armed Services. Affairs. other purposes. EC–8743. A communication from the Under EC–8754. A communication from the Asso- H.R. 5714. An act to require the Secretary Secretary of Defense (Comptroller), trans- ciate General Counsel for Legislation and of the Treasury to mint coins in recognition mitting, pursuant to law, a quarterly report Regulations, Office of Fair Housing and and celebration of the establishment of the entitled, ‘‘Acceptance of Contributions for Equal Opportunity, Department of Housing United States Army in 1775, to honor the Defense Programs, Projects, and Activities; and Urban Development, transmitting, pur- American soldier of both today and yester- Defense Cooperation Account’’; to the Com- suant to law, the report of a rule entitled day, in wartime and in peace, and to com- mittee on Armed Services. ‘‘Design and Construction Requirements; memorate the traditions, history, and herit- EC–8744. A communication from the Under Compliance With ANSI A117.1 Standards’’ age of the United States Army and its role in Secretary of Defense (Personnel and Readi- (RIN2529–AA92) received in the Office of the American society, from the Colonial period ness), transmitting a report on the approved President of the Senate on November 12, to today. retirement of Lieutenant General Stephen G. 2008; to the Committee on Banking, Housing, H.R. 6867. An act to provide for additional Wood, United States Air Force, and his ad- and Urban Affairs. emergency unemployment compensation. vancement to the grade of lieutenant general EC–8755. A communication from the Chief The enrolled bills were subsequently on the retired list; to the Committee on Counsel, Federal Emergency Management signed by the Acting President pro Armed Services. Agency, Department of Homeland Security, EC–8745. A communication from the Assist- transmitting, pursuant to law, the report of tempore (Mr. REID). ant Secretary of the Navy (Installations and a rule entitled ‘‘Changes in Flood Elevation f Environment), transmitting, pursuant to Determinations’’ (Docket No. FEMA–B–1011) law, a report relative to the notification of received in the Office of the President of the EXECUTIVE AND OTHER the decision to cancel the Office of Manage- Senate on November 12, 2008; to the Com- COMMUNICATIONS ment and Budget Circular A–76 public-pri- mittee on Banking, Housing, and Urban Af- The following communications were vate competition for the Commander, Navy fairs. laid before the Senate, together with Installations Command Emergency Manage- EC–8756. A communication from the Chief ment Dispatch Support Services; to the Com- Counsel, Federal Emergency Management accompanying papers, reports, and doc- mittee on Armed Services. Agency, Department of Homeland Security, uments, and were referred as indicated: EC–8746. A communication from the Presi- transmitting, pursuant to law, the report of EC–8736. A communication from the Ad- dent of the United States, transmitting, pur- a rule entitled ‘‘Final Flood Elevation Deter- ministrator, Agricultural Marketing Serv- suant to law, a report on the continuation of minations’’ ((44 CFR Part 67)(73 FR 63647)) re- ice, Department of Agriculture, transmit- the national emergency with respect to Iran ceived in the Office of the President of the

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.037 S20NOPT1 jbell on PROD1PC69 with SENATE S10736 CONGRESSIONAL RECORD — SENATE November 20, 2008 Senate on November 12, 2008; to the Com- ment of Commerce, transmitting, pursuant eries, National Marine Fisheries Service, De- mittee on Banking, Housing, and Urban Af- to law, the report of a rule entitled ‘‘Fish- partment of Commerce, transmitting, pursu- fairs. eries of the Exclusive Economic Zone Off ant to law, the report of a rule entitled EC–8757. A communication from the Chief Alaska; Atka Mackerel by Vessels in the ‘‘Fisheries of the Exclusive Economic Zone Counsel, Federal Emergency Management Amendment 80 Limited Access Fishery in Off Alaska; Pacific Cod by Vessels Subject to Agency, Department of Homeland Security, the Western Aleutian District of the Bering Amendment 80 Sideboard Limits in the transmitting, pursuant to law, the report of Sea and Aleutian Islands Management Area’’ Western Regulatory Area of the Gulf of Alas- a rule entitled ‘‘Suspension of Community (RIN0648–XK85) received in the Office of the ka’’ (RIN0648-XK96) received in the Office of Eligibility’’ (Docket No. FEMA–8047) re- President of the Senate on November 12, the President of the Senate on November 12, ceived in the Office of the President of the 2008; to the Committee on Commerce, 2008; to the Committee on Commerce, Senate on November 12, 2008; to the Com- Science, and Transportation. Science, and Transportation. mittee on Banking, Housing, and Urban Af- EC–8766. A communication from the Direc- EC–8773. A communication from the Assist- fairs. tor of the Office of Sustainable Fisheries, ant Administrator for Fisheries, National EC–8758. A communication from the Assist- National Marine Fisheries Service, Depart- Marine Fisheries Service, Department of ant Secretary for Export Administration, ment of Commerce, transmitting, pursuant Commerce, transmitting, pursuant to law, Bureau of Industry and Security, Depart- to law, the report of a rule entitled ‘‘Fish- the report of a rule entitled ‘‘Endangered ment of Commerce, transmitting, pursuant eries of the Exclusive Economic Zone Off And Threatened Species; Endangered Status to law, the report of a rule entitled ‘‘Con- Alaska; Pacific Cod by Vessels Catching Pa- for the Cook Inlet Beluga Whale’’ (RIN0648- forming Changes to Certain End-User/End- cific Cod for Processing by the Inshore Com- XL30) received in the Office of the President Use Based Controls in the EAR; Clarification ponent in the Central Regulatory Area of the of the Senate on November 12, 2008; to the of the Term ‘‘Transfer’’ and Related Terms Gulf of Alaska’’ (RIN0648–XK86) received in Committee on Commerce, Science, and as Used in the EAR’’ (RIN0694–AD59) received the Office of the President of the Senate on Transportation. in the Office of the President of the Senate November 12, 2008; to the Committee on EC–8774. A communication from the Dep- on November 12, 2008; to the Committee on Commerce, Science, and Transportation. uty Assistant Administrator for Regulatory Banking, Housing, and Urban Affairs. EC–8767. A communication from the Acting Programs, National Marine Fisheries Serv- EC–8759. A communication from the Direc- Director of the Office of Sustainable Fish- ice, Department of Commerce, transmitting, tor, Office of Legal Affairs, Federal Deposit eries, National Marine Fisheries Service, De- pursuant to law, the report of a rule entitled Insurance Corporation, transmitting, pursu- partment of Commerce, transmitting, pursu- ‘‘Fisheries of the Caribbean, Gulf of Mexico, ant to law, the report of a rule entitled ‘‘De- ant to law, the report of a rule entitled and South Atlantic; Atlantic Coastal Fish- posit Insurance Regulations; Temporary In- ‘‘Fisheries of the Exclusive Economic Zone eries Cooperative Management Act Provi- crease in Standard Coverage Amount; Mort- Off Alaska; Pacific Cod by Non-American sions; Atlantic Coast Red Drum Fishery off gage Servicing Accounts’’ (RIN3064–AD36) re- Fisheries Act Crab Vessels Catching Pacific the Atlantic States; Transfer of Management ceived in the Office of the President of the Cod for Processing by the Inshore Compo- Authority’’ (RIN0648-AT13) received in the Senate on November 12, 2008; to the Com- nent in the Central Regulatory Area of the Office of the President of the Senate on No- mittee on Banking, Housing, and Urban Af- Gulf of Alaska’’ (RIN0648-XK79) received in vember 12, 2008; to the Committee on Com- fairs. the Office of the President of the Senate on merce, Science, and Transportation. EC–8760. A communication from the Spe- November 12, 2008; to the Committee on EC–8775. A communication from the Dep- cial Assistant to the Board of Governors of Commerce, Science, and Transportation. uty Assistant Administrator for Regulatory the Federal Reserve System, transmitting, EC–8768. A communication from the Acting Programs, National Marine Fisheries Serv- Director of the Office of Sustainable Fish- pursuant to law, the report of a rule entitled ice, Department of Commerce, transmitting, eries, National Marine Fisheries Service, De- ‘‘Prohibition on Funding of Unlawful Inter- pursuant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- net Gambling’’ (RIN1505–AB78) received in ‘‘Pacific Halibut Fisheries; Subsistence Fish- ant to law, the report of a rule entitled the Office of the President of the Senate on ing; Correction’’ (RIN0648-AU14) received in ‘‘Fisheries of the Northeastern United November 17, 2008; to the Committee on the Office of the President of the Senate on States; Spiny Dogfish Fishery; Commercial Banking, Housing, and Urban Affairs. November 12, 2008; to the Committee on Period 2 Quota Harvested’’ (RIN0648-XL29) EC–8761. A communication from the Acting Commerce, Science, and Transportation. Assistant Administrator for Fisheries, De- received in the Office of the President of the EC–8776. A communication from the Dep- Senate on November 12, 2008; to the Com- partment of Commerce, and the Director, uty Assistant Administrator for Regulatory mittee on Commerce, Science, and Transpor- U.S. Fish and Wildlife Service, Department Programs, National Marine Fisheries Serv- tation. of the Interior, transmitting jointly, the 2007 EC–8769. A communication from the Acting ice, Department of Commerce, transmitting, Biennial Report on Striped Bass Popu- Director of the Office of Sustainable Fish- pursuant to law, the report of a rule entitled lations; to the Committee on Commerce, eries, National Marine Fisheries Service, De- ‘‘Fisheries Off West Coast States; Coastal Science, and Transportation. partment of Commerce, transmitting, pursu- Pelagic Species Fisheries; Reporting Re- EC–8762. A communication from the Sec- ant to law, the report of a rule entitled quirements and Conservation Measures’’ retary of the Federal Trade Commission, ‘‘Fisheries of the Exclusive Economic Zone (RIN0648-AX31) received in the Office of the transmitting, pursuant to law, the Commis- Off Alaska; Atka Mackerel in the Bering Sea President of the Senate on November 12, sion’s fourth annual report on ethanol mar- and Aleutian Islands Management Area’’ 2008; to the Committee on Commerce, ket concentration; to the Committee on (RIN0648-XL42) received in the Office of the Science, and Transportation. Commerce, Science, and Transportation. President of the Senate on November 12, EC–8777. A communication from the Direc- EC–8763. A communication from the Acting 2008; to the Committee on Commerce, tor, Statutory Import Programs Staff, De- Director of the Office of Sustainable Fish- Science, and Transportation. partment of Commerce, transmitting, pursu- eries, National Marine Fisheries Service, De- EC–8770. A communication from the Acting ant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- Director of the Office of Sustainable Fish- ‘‘Changes in the Insular Possessions Watch, ant to law, the report of a rule entitled eries, National Marine Fisheries Service, De- Watch Movement and Jewelry Programs ‘‘Fisheries of the Northeastern United partment of Commerce, transmitting, pursu- 2008’’ (RIN0625-AA80) received in the Office of States; Atlantic Surfclam and Ocean Quahog ant to law, the report of a rule entitled the President of the Senate on November 12, Fisheries; Suspension of Minimum Atlantic ‘‘Fisheries of the Exclusive Economic Zone 2008; to the Committee on Commerce, Surfclam Size Limit for Fishing Year 2009’’ Off Alaska; Reallocation of Yellowfin Sole in Science, and Transportation. (RIN0648–XJ86) received in the Office of the the Bering Sea and Aleutian Islands Manage- EC–8778. A communication from the Pro- President of the Senate on November 12, ment Area’’ (RIN0648-XL44) received in the gram Analyst, Federal Aviation Administra- 2008; to the Committee on Commerce, Office of the President of the Senate on No- tion, Department of Transportation, trans- Science, and Transportation. vember 12, 2008; to the Committee on Com- mitting, pursuant to law, the report of a rule EC–8764. A communication from the Direc- merce, Science, and Transportation. entitled ‘‘Modification to the Norton Sound tor of the Office of Sustainable Fisheries, EC–8771. A communication from the Acting Low, Woody Island Low, Control 1234L and National Marine Fisheries Service, Depart- Director of the Office of Sustainable Fish- Control 1487L offshore Airspace Areas; AK’’ ment of Commerce, transmitting, pursuant eries, National Marine Fisheries Service, De- ((Docket No. FAA-2007-28391)(Airspace Dock- to law, the report of a rule entitled ‘‘Fish- partment of Commerce, transmitting, pursu- et No. 07-AAL-10)) received in the Office of eries of the Caribbean, Gulf of Mexico, and ant to law, the report of a rule entitled the President of the Senate on November 17, South Atlantic; Reef Fish Fishery of the ‘‘Magnuson-Stevens Act Provisions; Fish- 2008; to the Committee on Commerce, Gulf of Mexico; Reopening of the 2008 Deep- eries Off West Coast States; Pacific Coast Science, and Transportation. water Grouper and Tilefish Commercial Groundfish Fishery; Biennial Specifications EC–8779. A communication from the Pro- Fisheries’’ (RIN0648–XK40) received in the Of- and Management Measures; Inseason Adjust- gram Analyst, Federal Aviation Administra- fice of the President of the Senate on No- ments’’ (RIN0648-AX30) received in the Office tion, Department of Transportation, trans- vember 12, 2008; to the Committee on Com- of the President of the Senate on November mitting, pursuant to law, the report of a rule merce, Science, and Transportation. 12, 2008; to the Committee on Commerce, entitled ‘‘Establishment of Class E Airspace; EC–8765. A communication from the Direc- Science, and Transportation. Kwethluk, AK’’ ((Docket No. FAA-2008- tor of the Office of Sustainable Fisheries, EC–8772. A communication from the Acting 0453)(Airspace Docket No. 08-AAL-12)) re- National Marine Fisheries Service, Depart- Director of the Office of Sustainable Fish- ceived in the Office of the President of the

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.061 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10737 Senate on November 17, 2008; to the Com- the Office of the President of the Senate on Falcon 2000 Airplanes’’ ((RIN2120- mittee on Commerce, Science, and Transpor- November 17, 2008; to the Committee on AA64)(Docket No. FAA-2008-0729)) received in tation. Commerce, Science, and Transportation. the Office of the President of the Senate on EC–8780. A communication from the Pro- EC–8788. A communication from the Pro- November 17, 2008; to the Committee on gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–8796. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘IFR Altitudes; Miscellaneous entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- Amendments’’ ((Docket No. Model A330-200, A330-300, and A340-300 Series mitting, pursuant to law, the report of a rule 30635)(Amendment No. 477)) received in the Airplanes’’ ((RIN2120-AA64)(Docket No. FAA- entitled ‘‘Airworthiness Directives; Rolls Office of the President of the Senate on No- 2008-0667)) received in the Office of the Presi- Royce plc RB211 Trent 553-61, 553A2-61, 556-61, vember 17, 2008; to the Committee on Com- dent of the Senate on November 17, 2008; to 556A2-61, 556B-61, 556B2-61, 560-61, and 560A2- merce, Science, and Transportation. the Committee on Commerce, Science, and 61 Turbofan Engines’’ ((RIN2120- EC–8781. A communication from the Pro- Transportation. AA64)(Docket No. FAA-2008-1063)) received in gram Analyst, Federal Aviation Administra- EC–8789. A communication from the Pro- the Office of the President of the Senate on tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- November 17, 2008; to the Committee on mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Commerce, Science, and Transportation. entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule EC–8797. A communication from the Pro- Procedures, and Takeoff Minimums and Ob- entitled ‘‘Airworthiness Directives; Boeing gram Analyst, Federal Aviation Administra- stacle Departure Procedures; Miscellaneous Model 757-200 and 757-300 Series Airplanes’’ tion, Department of Transportation, trans- Amendments’’ ((Docket No. ((RIN2120-AA64)(Docket No. FAA-2007-28160)) mitting, pursuant to law, the report of a rule 30633)(Amendment No. 3292)) received in the received in the Office of the President of the entitled ‘‘Airworthiness Directives; Airbus Office of the President of the Senate on No- Senate on November 17, 2008; to the Com- Model A318, A319, A320, and A321 Series Air- vember 17, 2008; to the Committee on Com- mittee on Commerce, Science, and Transpor- planes’’ ((RIN2120-AA64)(Docket No. FAA- merce, Science, and Transportation. tation. 2008-0342)) received in the Office of the Presi- EC–8782. A communication from the Pro- EC–8790. A communication from the Pro- dent of the Senate on November 17, 2008; to gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and tion, Department of Transportation, trans- tion, Department of Transportation, trans- Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–8798. A communication from the Pro- entitled ‘‘Standard Instrument Approach entitled ‘‘Airworthiness Directives; Boeing gram Analyst, Federal Aviation Administra- Procedures, and Takeoff Minimums and Ob- Model 737 Airplanes’’ ((RIN2120-AA64)(Docket tion, Department of Transportation, trans- stacle Departure Procedures; Miscellaneous No. FAA-2008-1166)) received in the Office of mitting, pursuant to law, the report of a rule Amendments’’ ((Docket No. the President of the Senate on November 17, entitled ‘‘Airworthiness Directives; Empresa 30634)(Amendment No. 3293)) received in the 2008; to the Committee on Commerce, Brasileira de Aeronautica S.A. (EMBRAER) Office of the President of the Senate on No- Science, and Transportation. Model EMB-135 Airplanes, and Model EMB- vember 17, 2008; to the Committee on Com- EC–8791. A communication from the Pro- 145, -145ER, -145MR, -145LR, -145XR, -145MP, merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- and -145EP Airplanes’’ ((RIN2120- EC–8783. A communication from the Pro- tion, Department of Transportation, trans- AA64)(Docket No. FAA-2008-0483)) received in gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule the Office of the President of the Senate on tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Rolls- November 17, 2008; to the Committee on mitting, pursuant to law, the report of a rule Royce plc RB211-535E4-37, RB211-535E4-B-37, Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Cessna and RB211-535E4-B-75 Series Turbofan’’ EC–8799. A communication from the Pro- Aircraft Company (Type Certificate pre- ((RIN2120-AA64)(Docket No. FAA-2007-29343)) gram Analyst, Federal Aviation Administra- viously held by Columbia Aircraft Manufac- received in the Office of the President of the tion, Department of Transportation, trans- turing) Models LC40-550FG, LC41-550FG, and Senate on November 17, 2008; to the Com- mitting, pursuant to law, the report of a rule LC42-550FG Airplanes’’ ((RIN2120- mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives; Airbus AA64)(Docket No. FAA-2007-27628)) received tation. Model A318, A319, A320, and A321 Airplanes’’ in the Office of the President of the Senate EC–8792. A communication from the Pro- ((RIN2120-AA64)(Docket No. FAA-2007-27011)) on November 17, 2008; to the Committee on gram Analyst, Federal Aviation Administra- received in the Office of the President of the Commerce, Science, and Transportation. tion, Department of Transportation, trans- Senate on November 17, 2008; to the Com- EC–8784. A communication from the Pro- mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; tation. tion, Department of Transportation, trans- Eurocopter France Model AS332, C, L, L1 and EC–8800. A communication from the Pro- mitting, pursuant to law, the report of a rule L2 Helicopters’’ ((RIN2120-AA64)(Docket No. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing FAA-2008-0430)) received in the Office of the tion, Department of Transportation, trans- Model 737-100, -200, -200C, -300, -400, and -500 President of the Senate on November 17, mitting, pursuant to law, the report of a rule Series Airplanes’’ ((RIN2120-AA64)(Docket 2008; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; Allied No. FAA-2008-1147)) received in the Office of Science, and Transportation. Ag Cat Productions, Inc. Model G-164 Series the President of the Senate on November 17, EC–8793. A communication from the Pro- Airplanes’’ ((RIN2120-AA64)(Docket No. FAA- 2008; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- 2008-0854)) received in the Office of the Presi- Science, and Transportation. tion, Department of Transportation, trans- dent of the Senate on November 17, 2008; to EC–8785. A communication from the Pro- mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Bom- Transportation. tion, Department of Transportation, trans- bardier Model CL-600-2C10 (Regional Jet Se- EC–8801. A communication from the Pro- mitting, pursuant to law, the report of a rule ries 700, 701, and 702), CL-600-2D15 (Regional gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing Jet Series 705), and CL-600-2D24 (Regional tion, Department of Transportation, trans- Model 727 Airplanes’’ ((RIN2120-AA64)(Docket Jet Series 900) Airplanes’’ ((RIN2120- mitting, pursuant to law, the report of a rule No. FAA-2008-0151)) received in the Office of AA64)(Docket No. FAA-2008-0623)) received in entitled ‘‘Airworthiness Directives; Dassault the President of the Senate on November 17, the Office of the President of the Senate on Model Falcon 2000EX Airplanes’’ ((RIN2120- 2008; to the Committee on Commerce, November 17, 2008; to the Committee on AA64)(Docket No. FAA-2008-0830)) received in Science, and Transportation. Commerce, Science, and Transportation. the Office of the President of the Senate on EC–8786. A communication from the Pro- EC–8794. A communication from the Pro- November 17, 2008; to the Committee on gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–8802. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing entitled ‘‘Airworthiness Directives; Saab AB, tion, Department of Transportation, trans- Model 747SP Series Airplanes’’ ((RIN2120- Saab Aerosystems Model SAAB 2000 Air- mitting, pursuant to law, the report of a rule AA64)(Docket No. FAA-2008-0585)) received in planes’’ ((RIN2120-AA64)(Docket No. FAA- entitled ‘‘Airworthiness Directives; Stemme the Office of the President of the Senate on 2008-0848)) received in the Office of the Presi- GmbH & Co. KG Models S10 and S10-V Glid- November 17, 2008; to the Committee on dent of the Senate on November 17, 2008; to ers’’ ((RIN2120-AA64)(Docket No. FAA-2008- Commerce, Science, and Transportation. the Committee on Commerce, Science, and 1161)) received in the Office of the President EC–8787. A communication from the Pro- Transportation. of the Senate on November 17, 2008; to the gram Analyst, Federal Aviation Administra- EC–8795. A communication from the Pro- Committee on Commerce, Science, and tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–8803. A communication from the Pro- entitled ‘‘Airworthiness Directives; Airbus mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Model A310 Series Airplanes’’ ((RIN2120- entitled ‘‘Airworthiness Directives; Dassault tion, Department of Transportation, trans- AA64)(Docket No. FAA-2008-0849)) received in Model Mystere-Falcon 900, Falcon 900EX, and mitting, pursuant to law, the report of a rule

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.064 S20NOPT1 jbell on PROD1PC69 with SENATE S10738 CONGRESSIONAL RECORD — SENATE November 20, 2008 entitled ‘‘Airworthiness Directives; DG tion, Department of Transportation, trans- Committee on Commerce, Science, and Flugzeugbau GmbH Models DG-1000S and mitting, pursuant to law, the report of a rule Transportation. DG-1000T Gliders’’ ((RIN2120-AA64)(Docket entitled ‘‘Airworthiness Directives; Mary- EC–8820. A communication from the Chief No. FAA-2008-0989)) received in the Office of land Air Industries, Inc., Model Fairchild F- of Staff, Media Bureau, Federal Communica- the President of the Senate on November 17, 27 and FH-227 Series Airplanes’’ ((RIN2120- tions Commission, transmitting, pursuant to 2008; to the Committee on Commerce, AA64)(Docket No. FAA-2008-0734)) received in law, the report of a rule entitled ‘‘Amend- Science, and Transportation. the Office of the President of the Senate on ment of Section 73.202(b), Table of Allot- EC–8804. A communication from the Pro- November 17, 2008; to the Committee on ments, FM Broadcast Stations; Linden, Ten- gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. nessee’’ (MB Docket No. 07-280) received in tion, Department of Transportation, trans- EC–8812. A communication from the Pro- the Office of the President of the Senate on mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- November 19, 2008; to the Committee on entitled ‘‘Airworthiness Directives; Pilatus tion, Department of Transportation, trans- Commerce, Science, and Transportation. Aircraft Ltd. Model PC-6 Series Airplanes’’ mitting, pursuant to law, the report of a rule EC–8821. A communication from the Chief ((RIN2120-AA64)(Docket No. FAA-2008-0990)) entitled ‘‘Airworthiness Standards; Propel- of Staff, Media Bureau, Federal Communica- received in the Office of the President of the lers; Correction’’ (RIN2120-AI95) received in tions Commission, transmitting, pursuant to Senate on November 17, 2008; to the Com- the Office of the President of the Senate on law, the report of a rule entitled ‘‘Amend- mittee on Commerce, Science, and Transpor- November 17, 2008; to the Committee on ment of Section 73.622(i), Final DTV Table of tation. Commerce, Science, and Transportation. Allotments, Television Broadcast Stations; EC–8805. A communication from the Pro- EC–8813. A communication from the Pro- La Grande, Oregon’’ (MB Docket No. 08–121) gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- received in the Office of the President of the tion, Department of Transportation, trans- tion, Department of Transportation, trans- Senate on November 19, 2008; to the Com- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives; Cessna entitled ‘‘Special Awareness Training for the tation. Aircraft Company 150 Series Airplanes’’ Washington, DC Metropolitan Area; OMB EC–8822. A communication from the Chief ((RIN2120-AA64)(Docket No. FAA-2008-0790)) Approval of Information Collection’’ of Staff, Media Bureau, Federal Communica- received in the Office of the President of the (RIN2120-AI63) received in the Office of the tions Commission, transmitting, pursuant to Senate on November 17, 2008; to the Com- President of the Senate on November 17, law, the report of a rule entitled ‘‘Amend- mittee on Commerce, Science, and Transpor- 2008; to the Committee on Commerce, ment of Section 73.622(i), Final DTV Table of tation. Science, and Transportation. Allotments, Television Broadcast Stations; EC–8806. A communication from the Pro- EC–8814. A communication from the Pro- Honolulu and Waimanalo, Hawaii’’ (MB gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Docket No. 08–98) received in the Office of tion, Department of Transportation, trans- tion, Department of Transportation, trans- the President of the Senate on November 19, mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule 2008; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; Bom- entitled ‘‘Congestion Management Rule for Science, and Transportation. bardier Model CL-600-2C10 (Regional Jet Se- LaGuardia Airport; Correction’’ (RIN2120- EC–8823. A communication from the Chief ries 700 & 701) Series Airplanes and Model AI70) received in the Office of the President of Staff, Media Bureau, Federal Communica- CL-600-2D24 (Regional Jet Series 900) Series of the Senate on November 17, 2008; to the tions Commission, transmitting, pursuant to Airplanes’’ ((RIN2120-AA64)(Docket No. FAA- Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Amend- 2008-0555)) received in the Office of the Presi- Transportation. ment of Part 90 of the Commission’s Rules to dent of the Senate on November 17, 2008; to EC–8815. A communication from the Pro- Provide for Flexible Use of the 896–901 MHz the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- and 935–940 MHz Band Allotted to the Busi- Transportation. tion, Department of Transportation, trans- ness and Industrial Land Transportation EC–8807. A communication from the Pro- mitting, pursuant to law, the report of a rule Pool’’ (WT Docket No. 05–62) received in the gram Analyst, Federal Aviation Administra- entitled ‘‘Congestion Management Rule for Office of the President of the Senate on No- tion, Department of Transportation, trans- LaGuardia Airport; Correction’’ (RIN2120- vember 19, 2008; to the Committee on Com- mitting, pursuant to law, the report of a rule AI70) received in the Office of the President merce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Bom- of the Senate on November 17, 2008; to the EC–8824. A communication from the Chief bardier Model CL-600-2B19 (Regional Jet Se- Committee on Commerce, Science, and of Staff, Media Bureau, Federal Communica- ries 100 & 440) Airplanes’’ ((RIN2120- Transportation. tions Commission, transmitting, pursuant to AA64)(Docket No. FAA-2008-0643)) received in EC–8816. A communication from the Pro- law, the report of a rule entitled ‘‘Amend- the Office of the President of the Senate on gram Analyst, Federal Aviation Administra- ment of Section 73.202(b), Table of Allot- November 17, 2008; to the Committee on tion, Department of Transportation, trans- ments, FM Broadcast Stations; La Grande Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule and Prairie City, Oregon’’ (MB Docket No. EC–8808. A communication from the Pro- entitled ‘‘Congestion Management Rule for 08–67) received in the Office of the President gram Analyst, Federal Aviation Administra- LaGuardia Airport; Clarification of Final of the Senate on November 19, 2008; to the tion, Department of Transportation, trans- Rule’’ (RIN2120-AI70) received in the Office of Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule the President of the Senate on November 17, Transportation. entitled ‘‘Airworthiness Directives; General 2008; to the Committee on Commerce, EC–8825. A communication from the Chief Electric Company (GE) CT58 Series Turbo- Science, and Transportation. of Staff, Media Bureau, Federal Communica- shaft Engines’’ ((RIN2120-AA64)(Docket No. EC–8817. A communication from the Pro- tions Commission, transmitting, pursuant to FAA-2008-0808)) received in the Office of the gram Analyst, Federal Aviation Administra- law, the report of a rule entitled ‘‘2000 Bien- President of the Senate on November 17, tion, Department of Transportation, trans- nial Regulatory Review—Streamlining and 2008; to the Committee on Commerce, mitting, pursuant to law, the report of a rule Other Revisions of Part 25 of the Commis- Science, and Transportation. entitled ‘‘Congestion Management Rule for sion’s Rules Governing the Licensing of, and EC–8809. A communication from the Pro- John F. Kennedy International Airport and Spectrum Usage by, Satellite Network Earth gram Analyst, Federal Aviation Administra- Newark Liberty International Airport; Cor- Stations and Space Stations; Streamlining tion, Department of Transportation, trans- rection’’ (RIN2120-AJ28) received in the Of- the Commission’s Rules and Regulations for mitting, pursuant to law, the report of a rule fice of the President of the Senate on No- Satellite Applications and Licensing Proce- entitled ‘‘Airworthiness Directives; Hawker vember 17, 2008; to the Committee on Com- dures’’ ((IB Docket No. 00–248)(IB Docket No. Beechcraft Corporation Model 390 Airplanes’’ merce, Science, and Transportation. 95–117)) received in the Office of the Presi- ((RIN2120-AA64)(Docket No. FAA-2008-1127)) EC–8818. A communication from the Trial dent of the Senate on November 19, 2008; to received in the Office of the President of the Attorney, Federal Railroad Administration, the Committee on Commerce, Science, and Senate on November 17, 2008; to the Com- Department of Transportation, transmitting, Transportation. mittee on Commerce, Science, and Transpor- pursuant to law, the report of a rule entitled EC–8826. A communication from the Regu- tation. ‘‘Electronically Controlled Pneumatic Brake latory Ombudsman, Federal Motor Carrier EC–8810. A communication from the Pro- Systems’’ (RIN2130-AB84) received in the Of- Safety Administration, Department of gram Analyst, Federal Aviation Administra- fice of the President of the Senate on No- Transportation, transmitting, pursuant to tion, Department of Transportation, trans- vember 17, 2008; to the Committee on Com- law, the report of a rule entitled ‘‘Hours of mitting, pursuant to law, the report of a rule merce, Science, and Transportation. Service of Drivers’’ (RIN2126–AB14) received entitled ‘‘Airworthiness Directives; General EC–8819. A communication from the Chief in the Office of the President of the Senate Electric Company CF6-80C2 Series and CF6- of Staff, Media Bureau, Federal Communica- on November 19, 2008; to the Committee on 80E1 Series Turbofan Engines’’ ((RIN2120- tions Commission, transmitting, pursuant to Commerce, Science, and Transportation. AA64)(Docket No. FAA-2007-28367)) received law, the report of a rule entitled ‘‘Amend- EC–8827. A communication from the Acting in the Office of the President of the Senate ment of Section 73.622(i), Final DTV Table of Director of the Office of Sustainable Fish- on November 17, 2008; to the Committee on Allotments, Television Broadcast Stations; eries, National Marine Fisheries Service, De- Commerce, Science, and Transportation. Hendersonville, Tennessee’’ (MB Docket No. partment of Commerce, transmitting, pursu- EC–8811. A communication from the Pro- 08-128) received in the Office of the President ant to law, the report of a rule entitled gram Analyst, Federal Aviation Administra- of the Senate on November 19, 2008; to the ‘‘Fisheries of the Exclusive Economic Zone

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.067 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10739 Off Alaska; Atka Mackerel in the Bering Sea ronmental Protection Agency, transmitting, the Office of the President of the Senate on and Aleutian Islands Management Area’’ pursuant to law, the report of a rule entitled November 19, 2008; to the Committee on En- (Docket No. 071106673–8011–02) received in the ‘‘National Volatile Organic Compound Emis- vironment and Public Works. Office of the President of the Senate on No- sion Standards for Aerosol Coatings’’ ((EPA– EC–8843. A communication from the Direc- vember 19, 2008; to the Committee on Com- HQ–OAR–2006–0971)(FRL–8738–7)) received in tor, Regulatory Management Division, Envi- merce, Science, and Transportation. the Office of the President of the Senate on ronmental Protection Agency, transmitting, EC–8828. A communication from the Ad- November 12, 2008; to the Committee on En- pursuant to law, the report of a rule entitled ministrator and Chief Executive Officer, vironment and Public Works. ‘‘Ipconazole; Pesticide Tolerances’’ ((EPA– Bonneville Power Administration, Depart- EC–8836. A communication from the Direc- HQ–OPP–2007–0226)(FRL–8389–1)) received in ment of Energy, transmitting, pursuant to tor, Regulatory Management Division, Envi- the Office of the President of the Senate on law, the Administration’s Annual Report for ronmental Protection Agency, transmitting, November 19, 2008; to the Committee on En- fiscal year 2008; to the Committee on Energy pursuant to law, the report of a rule entitled vironment and Public Works. and Natural Resources. ‘‘Revised National Pollutant Discharge EC–8844. A communication from the Direc- EC–8829. A communication from the Assist- Elimination System Permit Regulation and tor, Regulatory Management Division, Envi- ant Secretary of Land and Minerals Manage- Effluent Limitations Guidelines for Con- ronmental Protection Agency, transmitting, ment, Minerals Management Service, De- centrated Animal Feeding Operations in Re- pursuant to law, the report of a rule entitled partment of the Interior, transmitting, pur- sponse to the Waterkeeper Decision’’ ((EPA– ‘‘Polyoxin D Zinc Salt; Exemption from the suant to law, the report of a rule entitled HQ–OW–2005–0037)(FRL–8738–9)) received in Requirement of a Tolerance’’ ((EPA–HQ– ‘‘Royalty Relief—Ultra-Deep Gas Wells and the Office of the President of the Senate on OPP–2008–0417)(FRL–8389–5)) received in the Deep Gas Wells on Leases in the Gulf of Mex- November 12, 2008; to the Committee on En- Office of the President of the Senate on No- ico; Extension of Royalty Relief Provisions vironment and Public Works. vember 19, 2008; to the Committee on Envi- to Leases Offshore of Alaska’’ (RIN1010– EC–8837. A communication from the Direc- ronment and Public Works. AD33) received in the Office of the President tor, Regulatory Management Division, Envi- EC–8845. A communication from the Direc- of the Senate on November 19, 2008; to the ronmental Protection Agency, transmitting, tor, Regulatory Management Division, Envi- Committee on Energy and Natural Re- pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, sources. ‘‘Significant New Use Rules on Certain pursuant to law, the report of a rule entitled EC–8830. A communication from the Direc- Chemical Substances’’ ((EPA–HQ–OPPT– ‘‘Regulation of Fuel and Fuel Additives: Gas- tor, Office of Congressional Affairs, Nuclear 2008–0251)(FRL–8371–3)) received in the Office oline and Diesel Fuel Test Methods’’ Regulatory Commission, transmitting, pur- of the President of the Senate on November (RIN2060–AP17) received in the Office of the suant to law, the report of a rule entitled 12, 2008; to the Committee on Environment President of the Senate on November 19, ‘‘List of Approved Spent Fuel Storage Casks: and Public Works. 2008; to the Committee on Environment and NAC–UMS Revision 5’’ (RIN3150–AI48) re- EC–8838. A communication from the Direc- Public Works. ceived in the Office of the President of the tor, Regulatory Management Division, Envi- EC–8846. A communication from the Direc- Senate on November 12, 2008; to the Com- ronmental Protection Agency, transmitting, tor, Regulatory Management Division, Envi- mittee on Environment and Public Works. pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, EC–8831. A communication from the Direc- ‘‘Silane, trimethoxy[3– pursuant to law, the report of a rule entitled tor, Regulatory Management Division, Envi- ‘‘Revisions to the California State Imple- (oxiranylmethoxy)propyl]–, hydrolysis prod- ronmental Protection Agency, transmitting, mentation Plan, Imperial County Air Pollu- ucts with silica; Tolerance Exemption’’ pursuant to law, the report of a rule entitled tion Control District, Mojave Desert Air ((EPA–HQ–OPP–2008–0571)(FRL–8386–1)) re- ‘‘Approval and Promulgation of Air Quality Quality Management District, South Coast ceived in the Office of the President of the Implementation Plans; Delaware; Control of Air Quality Management District, and Ven- Senate on November 12, 2008; to the Com- Stationary Combustion Turbine Electric tura County Air Pollution Control District’’ mittee on Environment and Public Works. Generating Unit Emissions’’ ((EPA–R03– EC–8839. A communication from the Direc- ((EPA–R09–OAR–2008–0590)(FRL–8732–4)) re- OAR–2008–0068)(FRL–8738–3)) received in the tor, Regulatory Management Division, Envi- ceived in the Office of the President of the Office of the President of the Senate on No- Senate on November 19, 2008; to the Com- ronmental Protection Agency, transmitting, vember 12, 2008; to the Committee on Envi- mittee on Environment and Public Works. pursuant to law, the report of a rule entitled ronment and Public Works. EC–8847. A communication from the Direc- EC–8832. A communication from the Direc- ‘‘Withdrawal of the Federal Water Quality tor, Regulatory Management Division, Envi- tor, Regulatory Management Division, Envi- Standards Use Designations for Soda Creek ronmental Protection Agency, transmitting, ronmental Protection Agency, transmitting, and Portions of Canyon Creek, South Fork pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled Coeur d’Alene River, and Blackfoot River in ‘‘The Treatment of Data Influence by Excep- ‘‘Approval and Promulgation of Air Quality Idaho’’ ((EPA–HQ–OW–2008–0495)(FRL–8737– tional Events (Exceptional Event Rule): Re- Implementation Plans; Illinois; CILCO 9)) received in the Office of the President of vised Exceptional Event Data Flagging Sub- (AmerenEnergy) Edwards’’ ((EPA–R05–OAR– the Senate on November 12, 2008; to the Com- mittal and Documentation Schedule for 2004–IL–0003)(FRL–8730–4)) received in the Of- mittee on Environment and Public Works. Monitoring Data Used in Designations for fice of the President of the Senate on No- EC–8840. A communication from the Direc- the 2008 Ozone NAAQS’’ (RIN2060-AP28) re- vember 12, 2008; to the Committee on Envi- tor, Regulatory Management Division, Envi- ceived in the Office of the President of the ronment and Public Works. ronmental Protection Agency, transmitting, Senate on November 19, 2008; to the Com- EC–8833. A communication from the Direc- pursuant to law, the report of a rule entitled mittee on Environment and Public Works. tor, Regulatory Management Division, Envi- ‘‘Approval and Promulgation of Air Quality EC–8848. A communication from the Sec- ronmental Protection Agency, transmitting, Implementation Plans; Pennsylvania; 2002 retary of Health and Human Services, trans- pursuant to law, the report of a rule entitled Base Year Inventory for the Pittsburgh–Bea- mitting, pursuant to law, a report relative to ‘‘Approval and Promulgation of Implementa- ver Valley 8–Hour Ozone Nonattainment the Demonstration of Coverage of Chiro- tion Plans; Designation of Areas for Air Area’’ ((EPA–R03–OAR–2007–0453)(FRL–8741– practic Services under Medicare; to the Com- Quality Planning Purposes; State of Cali- 5)) received in the Office of the President of mittee on Finance. fornia; PM–10; Revision of Designation; Re- the Senate on November 19, 2008; to the Com- EC–8849. A communication from the Sec- designation of the San Joaquin Valley Air mittee on Environment and Public Works. retary of Health and Human Services, trans- Basin PM–10 Nonattainment Area to Attain- EC–8841. A communication from the Direc- mitting, pursuant to law, a report entitled ment; Approval of PM–10 Maintenance Plan tor, Regulatory Management Division, Envi- ‘‘Evaluation of Medicare Advantage Special for the San Joaquin Valley Air Basin; Ap- ronmental Protection Agency, transmitting, Needs Plans’’; to the Committee on Finance. proval of Commitments for the East Kern pursuant to law, the report of a rule entitled EC–8850. A communication from the Chief PM–10 Nonattainment Area’’ ((EPA–R09– ‘‘Approval and Promulgation of Air Quality of the Publications and Regulations Branch, OAR–2008–0306)(FRL–8724–7)) received in the Implementation Plans; Tennessee; Approval Internal Revenue Service, Department of the Office of the President of the Senate on No- of Revisions to the Knox County Portion of Treasury, transmitting, pursuant to law, the vember 12, 2008; to the Committee on Envi- the Tennessee State Implementation Plan – report of a rule entitled ‘‘Update of Weighted ronment and Public Works. ‘‘Permit by Rule’’ Provision’’ ((EPA–R04– Average Interest Rates, Yield Curves, and EC–8834. A communication from the Direc- OAR–2008–0052–200803(a))(FRL–8743–8)) re- Segment Rates’’ (Notice 2008–105) received in tor, Regulatory Management Division, Envi- ceived in the Office of the President of the the Office of the President of the Senate on ronmental Protection Agency, transmitting, Senate on November 19, 2008; to the Com- November 17, 2008; to the Committee on Fi- pursuant to law, the report of a rule entitled mittee on Environment and Public Works. nance. ‘‘Approval and Promulgation of Implementa- EC–8842. A communication from the Direc- EC–8851. A communication from the Chief tion Plans; Revisions to the Nevada State tor, Regulatory Management Division, Envi- of the Publications and Regulations Branch, Implementation; Clark County’’ ((EPA–R09– ronmental Protection Agency, transmitting, Internal Revenue Service, Department of the OAR–2008–0728)(FRL–8729–1)) received in the pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the Office of the President of the Senate on No- ‘‘Comprehensive Environmental Response, report of a rule entitled ‘‘2008 Section 43 In- vember 12, 2008; to the Committee on Envi- Compensation and Liability Act (CERCLA) flation Adjustment’’ (Notice 2008–72) received ronment and Public Works. or Superfund, Section 128(a); Notice of Grant in the Office of the President of the Senate EC–8835. A communication from the Direc- Funding Guidance for State and Tribal Re- on November 17, 2008; to the Committee on tor, Regulatory Management Division, Envi- sponse Programs’’ (FRL–8742–3) received in Finance.

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.069 S20NOPT1 jbell on PROD1PC69 with SENATE S10740 CONGRESSIONAL RECORD — SENATE November 20, 2008 EC–8852. A communication from the Chief to the Medical Device User Fee and Mod- pursuant to law, the Department’s Perform- of the Publications and Regulations Branch, ernization Act; to the Committee on Health, ance and Accountability Report for fiscal Internal Revenue Service, Department of the Education, Labor, and Pensions. year 2008; to the Committee on Homeland Se- Treasury, transmitting, pursuant to law, the EC–8863. A communication from the Senior curity and Governmental Affairs. report of a rule relative to real estate invest- Regulatory Officer of the Wage and Hour Di- EC–8874. A communication from the Acting ment trusts (Rev. Proc. 2008–69) received in vision, Employment Standards Administra- Director, Office of Personnel Management, the Office of the President of the Senate on tion, Department of Labor, transmitting, transmitting, pursuant to law, a report enti- November 17, 2008; to the Committee on Fi- pursuant to law, the report of a rule entitled tled ‘‘Employment of Veterans in the Fed- nance. ‘‘Family and Medical Leave Act of 1993’’ eral Government - Fiscal Year 2007’’; to the EC–8853. A communication from the Chief (RIN1215–AB35) received in the Office of the Committee on Homeland Security and Gov- of the Publications and Regulations Branch, President of the Senate on November 12, ernmental Affairs. Internal Revenue Service, Department of the 2008; to the Committee on Health, Education, EC–8875. A communication from the Spe- Treasury, transmitting, pursuant to law, the Labor, and Pensions. cial Inspector General for Iraq Reconstruc- report of a rule entitled ‘‘Information Re- EC–8864. A communication from the Assist- tion, transmitting, pursuant to law, the porting for Discharges of Indebtedness’’ ant General Counsel for Regulatory Services, Quarterly Report for October 2008; to the (RIN1545–BH99) received in the Office of the Office of English Language Acquisition, De- Committee on Homeland Security and Gov- President of the Senate on November 17, partment of Education, transmitting, pursu- ernmental Affairs. 2008; to the Committee on Finance. ant to law, the report of a rule entitled EC–8876. A communication from the Dis- EC–8854. A communication from the Presi- ‘‘Title III of the Elementary and Secondary trict of Columbia Auditor, transmitting, pur- dent of the United States, transmitting, pur- Education Act of 1965 (ESEA), as Amended suant to law, a report entitled ‘‘OCFO’s Pol- suant to law, a report relative to the export by the No Child Left Behind Act of 2001 icy Regarding Background Checks on Spe- to the People’s Republic of China of items (NCLB)’’ received in the Office of the Presi- cific OCFO Employees Who Handle Cash and/ not detrimental to the U.S. space launch in- dent of the Senate on November 12, 2008; to or Cash Equivalents’’; to the Committee on dustry; to the Committee on Foreign Rela- the Committee on Health, Education, Labor, Homeland Security and Governmental Af- tions. and Pensions. fairs. EC–8855. A communication from the Assist- EC–8865. A communication from the Assist- EC–8877. A communication from the Execu- tive Director, Federal Retirement Thrift In- ant Secretary, Office of Legislative Affairs, ant General Counsel for Regulatory Services, vestment Board, transmitting, pursuant to Department of State, transmitting, pursuant Office of Postsecondary Education, Depart- law, the two audit reports issued during fis- to the Arms Export Control Act, the certifi- ment of Education, transmitting, pursuant cal year 2008 relative to the Agency and the cation of a proposed manufacturing license to law, the report of a rule entitled ‘‘Federal Thrift Savings Plan; to the Committee on agreement for the manufacture of significant Perkins Loan Program, Federal Family Edu- Homeland Security and Governmental Af- military equipment abroad with Italy and cation Loan Program, and William D. Ford fairs. Germany; to the Committee on Foreign Re- Federal Direct Loan Program’’ (RIN1840- AC94) received in the Office of the President EC–8878. A communication from the Com- lations. missioner, Social Security Administration, EC–8856. A communication from the Assist- of the Senate on November 12, 2008; to the Committee on Health, Education, Labor, and transmitting, pursuant to law, a report rel- ant Secretary, Office of Legislative Affairs, ative to disciplinary best practices and advi- Department of State, transmitting, pursuant Pensions. EC–8866. A communication from the White sory guidelines; to the Committee on Home- to the Arms Export Control Act, the certifi- House Liaison, Department of Education, land Security and Governmental Affairs. cation of a proposed transfer of defense arti- transmitting, pursuant to law, the report of EC–8879. A communication from the Chair- cles or defense services in the amount of a vacancy and designation of an acting offi- man, Securities and Exchange Commission, $100,000,000 or more to Denmark, Germany, cer for the position of Assistant Secretary, transmitting, pursuant to law, a report rel- Greece, The Netherlands, and Portugal; to Office of Communications and Outreach, re- ative to the inventory of activities for fiscal the Committee on Foreign Relations. ceived in the Office of the President of the year 2008 under the FAIR Act; to the Com- EC–8857. A communication from the Assist- Senate on November 12, 2008; to the Com- mittee on Homeland Security and Govern- ant Secretary, Office of Legislative Affairs, mittee on Health, Education, Labor, and mental Affairs. Department of State, transmitting, pursuant Pensions. EC–8880. A communication from the Chair- to the Arms Export Control Act, the certifi- EC–8867. A communication from the Direc- man, Securities and Exchange Commission, cation of a proposed license for the export of tor, Office of Government Ethics, transmit- transmitting, pursuant to law, a report of defense articles that are firearms controlled ting, pursuant to law, the Office’s Perform- notification of availability of the Commis- under Category I of the United States Muni- ance Accountability Report for fiscal year sion’s Performance and Accountability Re- tions List sold commercially under contract 2008; to the Committee on Homeland Secu- port for fiscal year 2008; to the Committee on in the amount of $1,000,000 or more to Ecua- rity and Governmental Affairs. Homeland Security and Governmental Af- dor; to the Committee on Foreign Relations. EC–8868. A communication from the Attor- fairs. EC–8858. A communication from the Assist- ney General, transmitting, pursuant to law, EC–8881. A communication from the Chair- ant Secretary, Office of Legislative Affairs, the Department’s Performance and Account- man, Council of the District of Columbia, Department of State, transmitting, pursuant ability Report for fiscal year 2008; to the transmitting, pursuant to law, a report on to law, a report on the status of family re- Committee on Homeland Security and Gov- D.C. Act 17-278, received in the Office of the unions between U.S. citizens and their rel- ernmental Affairs. President of the Senate on November 20, atives in the Democratic People’s Republic EC–8869. A communication from the Chair- 2008; to the Committee on Homeland Secu- of Korea; to the Committee on Foreign Rela- man, U.S. Nuclear Regulatory Commission, rity and Governmental Affairs. tions. transmitting, pursuant to law, the Commis- EC–8882. A communication from the Acting EC–8859. A communication from the Assist- sion’s Performance and Accountability Re- Director, Strategic Human Resources Policy ant Legal Adviser for Treaty Affairs, Depart- port for fiscal year 2008; to the Committee on Division, Office of Personnel Management, ment of State, transmitting, pursuant to the Homeland Security and Governmental Af- transmitting, pursuant to law, the report of Case-Zablocki Act, 1 U.S.C. 112b, as amended, fairs. a rule entitled ‘‘Changes in Pay Administra- the report of the texts and background state- EC–8870. A communication from the Chair- tion Rules for General Schedule Employees’’ ments of international agreements, other man, U.S. International Trade Commission, (RIN3206-AK88) received in the Office of the than treaties (List 2008–192—2008-202); to the transmitting, pursuant to law, the Commis- President of the Senate on November 12, Committee on Foreign Relations. sion’s Performance and Accountability Re- 2008; to the Committee on Homeland Secu- EC–8860. A communication from the Presi- port for fiscal year 2008; to the Committee on rity and Governmental Affairs. dent and CEO, Overseas Private Investment Homeland Security and Governmental Af- EC–8883. A communication from the Acting Corporation, transmitting, pursuant to law, fairs. Director, Strategic Human Resources Policy the report of a vacancy in the position of Ex- EC–8871. A communication from the Sec- Division, Office of Personnel Management, ecutive Vice President, received in the Office retary, Department of Housing and Urban transmitting, pursuant to law, the report of of the President of the Senate on November Development, transmitting, pursuant to law, a rule entitled ‘‘Time-in-Grade Rule Elimi- 19, 2008; to the Committee on Foreign Rela- the Department’s Performance and Account- nated’’ (RIN3206-AL18) received in the Office tions. ability Reports for fiscal year 2008; to the of the President of the Senate on November EC–8861. A communication from the Sec- Committee on Homeland Security and Gov- 12, 2008; to the Committee on Homeland Se- retary of Health and Human Services, trans- ernmental Affairs. curity and Governmental Affairs. mitting, pursuant to law, the report of a pe- EC–8872. A communication from the Chair- EC–8884. A communication from the Acting tition to add workers from the Connecticut man, Federal Energy Regulatory Commis- Director, Strategic Human Resources Policy Aircraft Nuclear Engine Laboratory, to the sion, transmitting, pursuant to law, the Division, Office of Personnel Management, Special Exposure Cohort; to the Committee Commission’s Performance and Account- transmitting, pursuant to law, the report of on Health, Education, Labor, and Pensions. ability Report for fiscal year 2008; to the a rule entitled ‘‘Suitability’’ (RIN3206-AL38) EC–8862. A communication from the Sec- Committee on Homeland Security and Gov- received in the Office of the President of the retary of Health and Human Services, trans- ernmental Affairs. Senate on November 12, 2008; to the Com- mitting, pursuant to law, the Department’s EC–8873. A communication from the Sec- mittee on Homeland Security and Govern- financial report for fiscal year 2007 relative retary, Department of Labor, transmitting, mental Affairs.

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.072 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10741 EC–8885. A communication from the Acting Health Administration, Department of Vet- Air Force nomination of Col. James N. Director, Strategic Human Resources Policy erans Affairs, transmitting, pursuant to law, Stewart, to be Brigadier General. Division, Office of Personnel Management, the report of a rule entitled ‘‘Elimination of Air Force nomination of Maj. Gen. Harry transmitting, pursuant to law, the report of Co-payment for Weight Management Coun- M. Wyatt III, to be Lieutenant General. a rule entitled ‘‘Prevailing Rate Systems; seling’’ (RIN2900-AM59) received in the Office Air Force nomination of Maj. Gen. John C. Change in Nonappropriated Fund Federal of the President of the Senate on November Koziol, to be Lieutenant General. Wage System Survey from Fiscal Year to 12, 2008; to the Committee on Veterans’ Af- Air Force nomination of Brig. Gen. Ste- Calendar Year’’ (RIN3206-AL63) received in fairs. phen L. Hoog, to be Major General. the Office of the President of the Senate on EC–8895. A communication from the Direc- Air Force nomination of Maj. Gen. Loren November 12, 2008; to the Committee on tor of Regulations Management, Veterans M. Reno, to be Lieutenant General. Homeland Security and Governmental Af- Health Administration, Department of Vet- Air Force nomination of Col. James K. fairs. erans Affairs, transmitting, pursuant to law, McLaughlin, to be Brigadier General. EC–8886. A communication from the Acting the report of a rule entitled ‘‘Civilian Health Air Force nomination of Maj. Gen. Mark A. Director, Center for Pay and Leave Adminis- and Medical Program of the Department of Welsh III, to be Lieutenant General. Navy nomination of Rear Adm. John M. tration, Office of Personnel Management, Veterans Affairs (CHAMPVA): Expansion of Mateczun, to be Vice Admiral. transmitting, pursuant to law, the report of Benefit Coverage for Prostheses and Army nomination of Brigadier General a rule entitled ‘‘Emergency Leave Transfer Enuretic (Bed-wetting) Devices; Miscella- Program’’ (RIN3206-AL26) received in the Of- Gina S. Farrisee, to be Major General. neous Provisions’’ (RIN2900-AM22) received Army nomination of Maj. Gen. Scott C. fice of the President of the Senate on No- in the Office of the President of the Senate Black, to be Lieutenant General. vember 12, 2008; to the Committee on Home- on November 12, 2008; to the Committee on Army nomination of Maj. Gen. James H. land Security and Governmental Affairs. Veterans’ Affairs. Pillsbury, to be Lieutenant General. EC–8887. A communication from the Acting EC–8896. A communication from the Direc- Army nomination of Col. David N. Director, Strategic Human Resources Policy tor of Regulations Management, Veterans Blackorby, to be Brigadier General. Division, Office of Personnel Management, Health Administration, Department of Vet- Army nomination of Brig. Gen. James E. transmitting, pursuant to law, the report of erans Affairs, transmitting, pursuant to law, Rogers, to be Major General. a rule entitled ‘‘Prevailing Rate Systems; the report of a rule entitled ‘‘Disclosure of Army nomination of Col. Margaret W. Abolishment of Santa Clara, California, as a Information to Organ, Tissue and Eye Pro- Boor, to be Brigadier General. Nonappropriated Fund Federal Wage System curement Organizations’’ (RIN2900-AM65) re- Mr. LEVIN. Mr. President, for the Wage Area’’ (RIN3206-AL74) received in the ceived in the Office of the President of the Office of the President of the Senate on No- Senate on November 12, 2008; to the Com- Committee on Armed Services I report vember 12, 2008; to the Committee on Home- mittee on Veterans’ Affairs. favorably the following nomination land Security and Governmental Affairs. EC–8897. A communication from the Direc- lists which were printed in the Records EC–8888. A communication from the Na- tor of Regulations Management, Veterans on the dates indicated, and ask unani- tional Treasurer, Navy Wives Clubs of Amer- Health Administration, Department of Vet- mous consent, to save the expense of ica, transmitting, pursuant to law, a report erans Affairs, transmitting, pursuant to law, reprinting on the Executive Calendar relative to the latest audit of the organiza- the report of a rule entitled ‘‘Schedule for tion; to the Committee on the Judiciary. that these nominations lie at the Sec- Rating Disabilities; Eye’’ (RIN2900-AH43) re- retary’s desk for the information of EC–8889. A communication from the Fed- ceived in the Office of the President of the eral Liaison Officer, Patent and Trademark Senate on November 12, 2008; to the Com- Senators. Office, Department of Commerce, transmit- mittee on Veterans’ Affairs. The PRESIDING OFFICER. Without ting, pursuant to law, the report of a rule en- EC–8898. A communication from the Dep- objection, it is so ordered. titled ‘‘Fiscal Year 2009 Changes to Patent uty Secretary of Defense, transmitting, pur- Air Force nominations beginning with Cooperation Treaty Transmittal and Search suant to law, the Department’s financial re- Darryl D. Bybee and ending with Marco V. Fees’’ (RIN0651-AC28) received in the Office port for fiscal year 2008; to the Committee on Galvez, which nominations were received by of the President of the Senate on November Armed Services. the Senate and appeared in the Congres- 12, 2008; to the Committee on the Judiciary. EC–8899. A communication from the Senior sional Record on September 26, 2008. EC–8890. A communication from the Fed- Counsel of Domestic Finance, Department of Air Force nominations beginning with eral Liaison Officer, Patent and Trademark the Treasury, transmitting, pursuant to law, Richard Brinker and ending with Nadia C. Office, Department of Commerce, transmit- the report of a rule entitled ‘‘Tarp Capital Shockley, which nominations were received ting, pursuant to law, the report of a rule en- Purchase Program’’ (31 CFR Part 30) re- by the Senate and appeared in the Congres- titled ‘‘Miscellaneous Changes to Trademark ceived in the Office of the President of the sional Record on September 26, 2008. Rules of Practice’’ (RIN0651-AB89) received Senate on November 19, 2008; to the Com- Air Force nomination of Kathleen V. in the Office of the President of the Senate mittee on Banking, Housing, and Urban Af- Reder, to be Major. on November 12, 2008; to the Committee on fairs. Air Force nominations beginning with the Judiciary. EC–8900. A communication from the Senior Samantha S. Bousigues and ending with EC–8891. A communication from the Fed- Counsel, Department of the Treasury, trans- John J. Linnett, which nominations were re- eral Liaison Officer, Patent and Trademark mitting, pursuant to law, the report of a rule ceived by the Senate and appeared in the Office, Department of Commerce, transmit- entitled ‘‘Prohibition on Funding of Unlaw- Congressional Record on November 17, 2008. ting, pursuant to law, the report of a rule en- ful Internet Gambling’’ (RIN1505-AB78) re- Air Force nominations beginning with titled ‘‘Changes to Representation of Others ceived in the Office of the President of the John M. Beene II and ending with Mark E. before the United States Patent and Trade- Senate on November 19, 2008; to the Com- Sanborn, which nominations were received mark Office’’ (RIN0651-AB55) received in the mittee on Banking, Housing, and Urban Af- by the Senate and appeared in the Congres- Office of the President of the Senate on No- fairs. sional Record on November 17, 2008. vember 12, 2008; to the Committee on the Ju- EC–8901. A communication from the Asso- Air Force nomination of Richard W. Jost, diciary. ciate General Counsel for Legislation and to be Lieutenant Colonel. EC–8892. A communication from the Direc- Air Force nomination of Clevis T. Parker, tor of Regulations Management, Board of Regulations, Office of Housing, Department of Housing and Urban Development, trans- to be Major. Veterans Appeals, Department of Veterans Army nomination of Britt B. Hill, to be mitting, pursuant to law, the report of a rule Affairs, transmitting, pursuant to law, the Major. entitled ‘‘Real Estate Settlement Procedures report of a rule entitled ‘‘Board of Veterans’ Army nomination of Kenneth Carlson, to Act (RESPA): Rule To Simplify and Improve Appeals: Expedited Claims Adjudication Ini- be Major. tiative - Pilot Program’’ (RIN2900-AM77) re- the Process of Obtaining Mortgages and Re- Army nominations beginning with Ray- ceived in the Office of the President of the duce Consumer Settlement Costs’’ (RIN2502- mond L. Capps and ending with Shane Senate on November 12, 2008; to the Com- AI61) received in the Office of the President Russelljenkins, which nominations were re- mittee on Veterans’ Affairs. of the Senate on November 19, 2008; to the ceived by the Senate and appeared in the EC–8893. A communication from the Direc- Committee on Banking, Housing, and Urban Congressional Record on September 26, 2008. tor of Regulations Management, Veterans Affairs. Army nominations beginning with An- Benefits Administration, Department of Vet- f thony H. Savage and ending with Karl F. erans Affairs, transmitting, pursuant to law, Woodmansey, which nominations were re- the report of a rule entitled ‘‘Increase in EXECUTIVE REPORTS OF ceived by the Senate and appeared in the Rates Payable Under the Montgomery GI COMMITTEES Congressional Record on September 26, 2008. Bill—Active Duty and Other Miscellaneous Army nominations beginning with Grace Issues’’ (RIN2900-AM45) received in the Office The following executive reports of Lacara and ending with Chesley D. Overby, of the President of the Senate on November nominations were submitted: which nominations were received by the Sen- 12, 2008; to the Committee on Veterans’ Af- By Mr. LEVIN for the Committee on ate and appeared in the Congressional fairs. Armed Services. Record on September 26, 2008. EC–8894. A communication from the Direc- Air Force nomination of Brig. Gen. David Army nomination of John F. Kasel, to be tor of Regulations Management, Veterans J. Scott, to be Major General. Major.

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.075 S20NOPT1 jbell on PROD1PC69 with SENATE S10742 CONGRESSIONAL RECORD — SENATE November 20, 2008 Army nominations beginning with Max L. Woodhouse, which nominations were re- INTRODUCTION OF BILLS AND Divine and ending with Norma Torres, which ceived by the Senate and appeared in the JOINT RESOLUTIONS nominations were received by the Senate and Congressional Record on November 17, 2008. appeared in the Congressional Record on Army nominations beginning with Derrick The following bills and joint resolu- September 26, 2008. F. Arincorayan and ending with D060674, tions were introduced, read the first Army nominations beginning with Michael which nominations were received by the Sen- and second times by unanimous con- L. Nippert and ending with Robert C. Turner, ate and appeared in the Congressional sent, and referred as indicated: which nominations were received by the Sen- Record on November 17, 2008. By Mr. MARTINEZ: ate and appeared in the Congressional Army nominations beginning with William S. 13. A bill to temporarily extend in- Record on September 26, 2008. J. Adams and ending with D060291, which creases in certain home loan limits; to the Army nominations beginning with Lau- nominations were received by the Senate and Committee on Banking, Housing, and Urban rence W. Gebler and ending with Viseth appeared in the Congressional Record on No- Affairs. Ngauy, which nominations were received by vember 17, 2008. By Mr. CRAIG: the Senate and appeared in the Congres- Army nominations beginning with Richard S. 16. A bill to provide for certain land to sional Record on September 26, 2008. K. Addo and ending with D060598, which be held in trust for the Burns Paiute Tribe; Army nomination of Gregg A. Bliss, to be nominations were received by the Senate and to the Committee on Indian Affairs. Colonel. appeared in the Congressional Record on No- By Mr. VITTER: Army nomination of Stuart A. Mellon, to vember 17, 2008. S. 17. A bill to amend title II of the Social be Colonel. Army nominations beginning with Ken- Security Act to allow workers who attain Army nomination of Robert S. Gatewood, neth P. Adgie and ending with D070487, which age 65 after 1981 and before 1992 to choose ei- to be Colonel. nominations were received by the Senate and ther lump sum payments over four years to- Army nomination of Steven P. Jahner, to appeared in the Congressional Record on No- taling $5,000 or an improved benefit computa- be Colonel. vember 17, 2008. tion formula under a new 10-year rule gov- Army nomination of William H. Smithson, Army nomination of Lynn F. Abrams, to erning the transition to the changes in ben- to be Major. be Colonel. efit computation rules enacted in the Social Army nomination of James O. Army nomination of Catherine A. Oliver, Security Amendments of 1977, and for other McLinnaham, to be Lieutenant Colonel. to be Major. purposes; to the Committee on Finance. Army nomination of Gregory R. Ebner, to Army nomination of Timothy S. By Ms. SNOWE: be Lieutenant Colonel. Allisonaipa, to be Major. S. 18. A bill to improve the authority of the Army nomination of Paul E. Webb, to be Army nomination of Daniel A. Strode, to Special Inspector General charged with over- Major. be Major. seeing the Troubled Asset Relief Program, Army nominations beginning with Randy Army nomination of Joseph S. Selken, to and for other purposes; to the Committee on R. Cote and ending with Michael P. Steely, be Major. Banking, Housing, and Urban Affairs. which nominations were received by the Sen- Army nominations beginning with Thomas By Mrs. CLINTON: S. 19. A bill to amend the Internal Revenue ate and appeared in the Congressional A. Bryant and ending with James P. Code of 1986 to allow taxpayers to designate Record on November 17, 2008. Mcginnis, which nominations were received a portion of their income tax payment to Army nominations beginning with Erol by the Senate and appeared in the Congres- provide assistance to homeless veterans, and Agi and ending with Patrick C. Sean, which sional Record on November 19, 2008. for other purposes; to the Committee on Fi- nominations were received by the Senate and Army nominations beginning with James nance. appeared in the Congressional Record on No- A. Griggs and ending with Paul R. Hunt, By Mrs. CLINTON (for herself and Mrs. vember 17, 2008. which nominations were received by the Sen- Army nominations beginning with Richard MURRAY): ate and appeared in the Congressional S. 20. A bill to prohibit the implementation S. Glass and ending with Victor F. Wallace, Record on November 19, 2008. which nominations were received by the Sen- or enforcement of certain regulations; to the Army nominations beginning with Peter H. Committee on Health, Education, Labor, and ate and appeared in the Congressional Guevara and ending with Walter W. Shratz, Record on November 17, 2008. Pensions. which nominations were received by the Sen- By Mr. REID (for himself and Mr. HAR- Army nominations beginning with Jerzey ate and appeared in the Congressional J. Chachaj and ending with John E. Wil- KIN): Record on November 19, 2008. S. 3709. A bill to amend the Farm Security liams, which nominations were received by Marine Corps nominations beginning with and Rural Investment Act of 2002 to expand the Senate and appeared in the Congres- Christopher M. Brannen and ending with the Rural Energy for America Program to sional Record on November 17, 2008. Erich H. Wagner, which nominations were include schools in rural areas; to the Com- Army nominations beginning with Malissa received by the Senate and appeared in the mittee on Agriculture, Nutrition, and For- A. Hill and ending with Soma R. Webb, Congressional Record on November 17, 2008. estry. which nominations were received by the Sen- Navy nomination of John E. Murrain, to be By Mr. ROCKEFELLER (for himself, ate and appeared in the Congressional Lieutenant Commander. Mr. BROWN, Mr. MENENDEZ, Mr. Record on November 17, 2008. Navy nomination of Dana Stombaugh, to Army nominations beginning with Dwight KERRY, and Mr. CARDIN): be Captain. S. 3710. A bill to amend title XVIII of the Y. Shen and ending with Jeffrey R. Long, Navy nomination of Paul J. Foster, to be Social Security Act and the Employee Re- which nominations were received by the Sen- Captain. tirement Income Security Act of 1974 to pro- ate and appeared in the Congressional Navy nomination of Deborah A. Hinkley, vide access to Medicare benefits for individ- Record on November 17, 2008. to be Captain. uals ages 55 to 65, to amend the Internal Rev- Army nominations beginning with Michael Navy nomination of Mark C. Holley, to be enue Code of 1986 to allow a refundable and C. Ahn and ending with Richard P. Martin, Commander. advanceable credit against income tax for which nominations were received by the Sen- Navy nomination of Michael C. Collins, to payment of such premiums, and for other ate and appeared in the Congressional be Commander. purposes; to the Committee on Finance. Record on November 17, 2008. Navy nomination of Channing J. Thomas, By Mr. REID (for himself, Mr. MCCON- Army nominations beginning with Charles to be Lieutenant Commander. NELL, Mr. LEAHY, Mr. HATCH, Mr. K. Aris and ending with John R. Worster, Navy nomination of Evan B. Williams, to GRASSLEY, Mrs. FEINSTEIN, and Mr. which nominations were received by the Sen- be Lieutenant. BINGAMAN): ate and appeared in the Congressional Navy nominations beginning with Gerald S. 3711. A bill to authorize a cost of living Record on November 17, 2008. C. Lowe and ending with Victor D. Oliver, adjustment for the Federal judiciary; consid- Army nominations beginning with Eric C. which nominations were received by the Sen- ered and passed. Bush and ending with Jon A. Jensen, which ate and appeared in the Congressional By Mr. KENNEDY (for himself, Mr. nominations were received by the Senate and Record on November 17, 2008. ENZI, and Mr. DOMENICI): appeared in the Congressional Record on No- Navy nominations beginning with Edward S. 3712. A bill to make a technical correc- vember 17, 2008. J. Arrison and ending with Clevis T. Parker, tion in the Paul Wellstone and Pete Domen- Army nominations beginning with Edward Sr., which nominations were received by the ici Mental Health Parity and Addiction Eq- J. Briand and ending with John C. Smith, Senate and appeared in the Congressional uity Act of 2008; considered and passed. which nominations were received by the Sen- Record on November 17, 2008. By Mr. DURBIN (for himself and Mr. ate and appeared in the Congressional Navy nominations beginning with Gregory AKAKA): Record on November 17, 2008. R. Adams and ending with Donovan B. S. 3713. A bill to provide for the integration Army nominations beginning with Melanie Wortham, which nominations were received of the Captain James A. Lovell Federal J. Craig and ending with Paul D. Stoneman, by the Senate and appeared in the Congres- Health Care Center and the Great Lakes which nominations were received by the Sen- sional Record on November 17, 2008. Naval Health Clinic, and for other purposes; ate and appeared in the Congressional to the Committee on Armed Services. Record on November 17, 2008. (Nominations without an asterisk By Mr. HARKIN: Army nominations beginning with Cynthia were reported with the recommenda- S. 3714. A bill to amend the Commodity Ex- J. Abbadini and ending with Justin A. tion that they be confirmed.) change Act to ensure that all agreements,

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.038 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10743 contracts, and transactions with respect to By Ms. COLLINS (for herself and Ms. CRAPO) and the Senator from North Da- commodities are carried out on a regulated SNOWE): kota (Mr. CONRAD) were added as co- exchange, and for other purposes; to the S. Res. 717. A resolution designating De- sponsors of S. 3672, a bill to amend title cember 13, 2008, as ‘‘Wreaths Across America Committee on Agriculture, Nutrition, and 23, United States Code, to improve eco- Forestry. Day’’; to the Committee on the Judiciary. nomic opportunity and development in By Mr. LEVIN (for himself, Mr. BOND, By Mr. CHAMBLISS (for himself, Mrs. Ms. STABENOW, Mr. VOINOVICH, Mr. LINCOLN, and Mr. ISAKSON): rural States through highway invest- BROWN, Mr. SPECTER, and Mr. CASEY): S. Res. 718. A resolution designating No- ment, and for other purposes. S. 3715. A bill to provide for emergency vember 30, 2008, as ‘‘Drive Safer Sunday’’; to At the request of Mr. THUNE, his bridge loan assistance to automobile manu- the Committee on the Judiciary. name was added as a cosponsor of S. facturers and component suppliers; to the By Mr. DORGAN (for himself, Ms. MUR- 3672, supra. KOWSKI, Mrs. BOXER, Mrs. CLINTON, Committee on Appropriations. S. 3673 By Mrs. McCASKILL (for herself, Mr. Mr. SCHUMER, Mr. SALAZAR, Mr. FEINGOLD, Mr. TESTER, Mr. DOMENICI, At the request of Mr. BAUCUS, the GRASSLEY, Ms. COLLINS, Mr. names of the Senator from Idaho (Mr. LIEBERMAN, and Mr. BUNNING): Mr. MCCAIN, Mr. WYDEN, Mr. BAUCUS, S. 3716. A bill to amend the Emergency Ms. CANTWELL, Mr. NELSON of Ne- CRAPO) and the Senator from North Da- Economic Stabilization Act of 2008 (Public braska, Mrs. FEINSTEIN, Mr. BAYH, kota (Mr. CONRAD) were added as co- Law 110-343) to provide the Special Inspector Mr. THUNE, Mr. BINGAMAN, Mr. sponsors of S. 3673, a bill to amend title General with additional personnel, audit, CONRAD, and Mr. JOHNSON): 23, United States Code, to improve and investigation authorities; to the Com- S. Res. 719. A resolution recognizing Na- highway transportation in the United mittee on Banking, Housing, and Urban Af- tional American Indian and Alaska Native Heritage Month and celebrating the heritage States, including rural and metropoli- fairs. tan areas. By Ms. STABENOW (for herself and and culture of American Indians and Alaska Natives and the contributions of American At the request of Mr. THUNE, his Mr. CORNYN): S. 3717. A bill to amend the Internal Rev- Indians and Alaska Natives to the United name was added as a cosponsor of S. enue Code of 1986 to allow reimbursement States; to the Committee on Indian Affairs. 3673, supra. from flexible spending accounts for certain By Mrs. CLINTON (for herself, Mr. S. 3683 dental products; to the Committee on Fi- CASEY, and Mr. SPECTER): S. Res. 720. A resolution supporting the At the request of Mr. INHOFE, the nance. goals and ideals of Pancreatic Cancer Aware- names of the Senator from Mississippi f ness Month; to the Committee on Health, (Mr. WICKER) and the Senator from Wy- SUBMISSION OF CONCURRENT AND Education, Labor, and Pensions. oming (Mr. ENZI) were added as cospon- By Mr. NELSON of Florida: SENATE RESOLUTIONS sors of S. 3683, a bill to amend the S. Con. Res. 106. A concurrent resolution Emergency Economic Stabilization Act The following concurrent resolutions commending the Government of Switzerland to require approval by the Congress for for ongoing assistance in the case of Robert and Senate resolutions were read, and certain expenditures for the Troubled referred (or acted upon), as indicated: Levinson, urging the Government of the Is- lamic Republic of Iran to intensify coopera- Asset Relief Program. By Mr. CRAPO (for himself, Mrs. CLIN- tion with the Government of Switzerland S. 3698 TON, Mr. LIEBERMAN, Ms. MURKOWSKI, and the Federal Bureau of Investigation on At the request of Mrs. FEINSTEIN, the Mr. SCHUMER, and Mr. BAYH): the case of Robert Levinson, and expressing names of the Senator from Massachu- S. Res. 710. A resolution designating the sympathy to the family of Robert Levinson; setts (Mr. KERRY) and the Senator from week of February 2 through February 6, 2009, to the Committee on Foreign Relations. as ‘‘National Teen Dating Violence Aware- Minnesota (Mr. COLEMAN) were added f ness and Prevention Week’’; to the Com- as cosponsors of S. 3698, a bill to pro- mittee on the Judiciary. ADDITIONAL COSPONSORS hibit any recipient of emergency Fed- By Ms. COLLINS (for herself, Mrs. S. 2743 eral economic assistance from using FEINSTEIN, Ms. SNOWE, Ms. LANDRIEU, At the request of Mr. CASEY, the such funds for lobbying expenditures or Ms. STABENOW, and Mrs. CLINTON): political contributions, to improve S. Res. 711. A resolution condemning the name of the Senator from North Caro- tragic and senseless death by stoning of a 13- lina (Mr. BURR) was added as a cospon- transparency, enhance accountability, year-old girl from Somalia; considered and sor of S. 2743, a bill to amend the Inter- encourage responsible corporate gov- agreed to. nal Revenue Code of 1986 to provide for ernance, and for other purposes. By Mr. SPECTER (for himself, Mr. the establishment of financial security S. RES. 640 CASEY, Mr. MENENDEZ, Mr. LAUTEN- accounts for the care of family mem- At the request of Mr. CARDIN, the BERG, and Mr. BUNNING): bers with disabilities, and for other name of the Senator from North Da- S. Res. 712. A resolution congratulating the kota (Mr. CONRAD) was added as a co- Philadelphia Phillies on winning the 2008 purposes. World Series; considered and agreed to. S. 2756 sponsor of S. Res. 640, a resolution ex- By Mr. FEINGOLD (for himself, Mr. At the request of Mr. BAYH, his name pressing the sense of the Senate that BROWNBACK, Mr. LEAHY, Mr. HARKIN, was added as a cosponsor of S. 2756, a there should be an increased Federal Mr. DURBIN, Mr. KERRY, Mr. DODD, bill to amend the National Child Pro- commitment to public health and the Ms. SNOWE, Mr. LIEBERMAN, Mr. tection Act of 1993 to establish a per- prevention of diseases and injuries for MENENDEZ, Mr. ISAKSON, Ms. manent background check system. all people in the United States. KLOBUCHAR, Mrs. BOXER, Mr. WYDEN, S. 3361 S. RES. 709 Mr. BOND, Mr. COLEMAN, Mr. LAUTEN- At the request of Mr. VITTER, the At the request of Mr. KERRY, the BERG, and Mr. NELSON of Florida): S. Res. 713. A resolution calling on all par- names of the Senator from Maryland names of the Senator from Hawaii (Mr. ties to the escalating violence in eastern (Mr. CARDIN) and the Senator from INOUYE) and the Senator from Rhode Democratic Republic of Congo to implement Maine (Ms. SNOWE) were added as co- Island (Mr. WHITEHOUSE) were added as an immediate ceasefire and work with the sponsors of S. 3361, a bill to amend title cosponsors of S. Res. 709, a resolution support of the international community to- IV of the Social Security Act to re- expressing the sense of the Senate that ward a comprehensive and lasting solution quire States to implement a drug test- the United States should pursue the to the crisis; considered and agreed to. ing program for applicants for and re- adoption of bluefin tuna conservation By Mrs. BOXER (for herself and Mrs. cipients of assistance under the Tem- and management measures at the 16th FEINSTEIN): S. Res. 714. A resolution honoring the fire- porary Assistance for Needy Families Special Meeting of the International fighters and emergency workers who coura- (TANF) program. Commission on the Conservation of At- geously fought fires in California in 2008; S. 3490 lantic Tunas. considered and agreed to. At the request of Mr. CARDIN, the f By Mr. REID: name of the Senator from Florida (Mr. S. Res. 715. A resolution extending the au- NELSON) was added as a cosponsor of S. STATEMENTS ON INTRODUCED thority for the Senate National Security 3490, a bill to amend the Neotropical BILLS AND JOINT RESOLUTIONS Working Group; considered and agreed to. Migratory Bird Conservation Act to re- By Mr. CRAIG: By Mr. VITTER: S. Res. 716. A resolution acknowledging the authorize the Act. S. 16. A bill to provide for certain accomplishments and goals of the Youth Im- S. 3672 land to be held in trust for the Burns pact Program; to the Committee on the Ju- At the request of Mr. BAUCUS, the Paiute Tribe; to the Committee on In- diciary. names of the Senator from Idaho (Mr. dian Affairs.

VerDate Aug 31 2005 04:44 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.041 S20NOPT1 jbell on PROD1PC69 with SENATE S10744 CONGRESSIONAL RECORD — SENATE November 20, 2008 Mr. CRAIG. Mr. President, the pur- taxpayer protections Congress re- nancial institutions rather than pur- pose of introducing this bill today is to quires. chase toxic and illiquid assets as origi- start the process of granting the With the Treasury Department nally contemplated, Congress must be Burns-Paiute Tribe of Eastern Oregon changing the plan day-by-day, there is sure that the Special IG has the au- land in trust. This is an opportunity to growing market uncertainty about how thority to fully investigate any other allow this tribe to become self-suffi- best to address the economic crisis. type of transaction undertaken by cient by producing a viable gaming op- The Treasury needs to inspire con- TARP. Although many contend that eration. The project would be designed fidence. It must not follow Wall the underlying statute provides the to have a minimal component tied to Street’s example and play fast and Special IG with the ability to inves- gaming with a much larger share of the loose on the public’s dime. The bottom tigate equity injections, with Treasury development related to entertainment line is we must ensure the government Secretary Paulson hinting that TARP and tourism. One of the goals would be respects the public’s money more than may be expanded to benefit credit card, to develop activities and bring in com- Wall Street ever did. That will be the student loan, and car loan companies, ponents that enhance the overall Special Inspector General’s job. It is and with the possibility that the in- Treasure Valley and southwest Idaho imperative then that the Special IG be coming administration might enlarge economic environment. The goal is to adequately equipped with authority the program further still in ways that create new reasons for people to travel and resources to carry out this mis- we are not fully able to anticipate, it is to the region and to work with local sion. imperative that the Special IG have businesses to generate ongoing supply On Monday, the Finance Committee the ability to conduct oversight over and support ongoing business opportu- held a hearing to consider the nomina- whatever way funds are ultimately ex- nities. This legislation, should it be tion of Neil Barofsky to be the Special pended. My legislation mandates that implemented, will create new jobs and IG for TARP. Mr. Barofsky has had a the Special IG can go wherever nec- provide an economic boost for eastern distinguished career as a Federal pros- essary to protect taxpayers. Oregon and western Idaho. ecutor investigating white-collar Last but not least, as there is tre- crimes, but regardless of how impres- mendous concern in many quarters By Ms. SNOWE: sive his resume might be, he cannot that financial institutions will use the S. 18. A bill to improve the authority succeed at his job if his hands are tied $250 billion in equity injections they of the Special Inspector General with inadequate authority and re- have been allocated pursuant to TARP charged with overseeing the Troubled sources. At this hearing, I noted a to either purchase their weaker com- Asset Relief Program, and for other number of concerns that I have with petitors or simply pay dividends to purposes; to the Committee on Bank- the authority, or lack thereof, given to shareholders, I believe it is absolutely ing, Housing, and Urban Affairs. the Special IG, and for this reason, I critical that the public understand ex- Ms. SNOWE. Mr. President, with the rise today, to offer legislation, the actly how these funds are being com- size and complexity of the Treasury Troubled Asset Relief Program Inspec- mitted. Although I hope the funds will Department’s efforts to administer the tor General Improvement Act, that be used to promote lending, which is so Troubled Asset Relief Program, TARP, will give the Special IG the teeth that critical to restoring economic growth which is unprecedented in recent U.S. he needs to provide the oversight that and job creation, we must be sure that history, it is essential to have a Spe- taxpayers deserve with their precious such lending occurs. Accordingly, my cial Inspector General, IG, who is fo- tax dollars at stake. bill would require the TARP IG to pre- cused exclusively on conducting effec- Time is of the essence with the pare by July 1, 2009, an analysis for tive oversight. When Congress passed Treasury already having committed Congress of what exactly banks did the Emergency Economic Stabilization $290 billion without the Special IG’s with the $250 billion they have re- Act, I was proud to join Senator BAU- oversight. We cannot afford any fur- ceived. CUS, as well as 31 of my other col- ther delay in the office of the Special Finally, Mr. President, I would be re- leagues, to insist that the legislation IG becoming operational. Accordingly, miss not to acknowledge similar legis- direct the Treasury Secretary to ap- because the Emergency Economic Sta- lation introduced yesterday by my col- point a Special IG as soon as possible. bilization Act (EESA) did not specify leagues Senators MCCASKILL, GRASS- Notably, we tasked the Special IG with the timing the Treasury Department LEY, COLLINS, and LIEBERMAN. Al- ensuring program transparency by col- must observe to transfer $50 million to though their legislation would speed lecting data on the Treasury’s actions the Special IG to set up his office, my the hiring process to allow the TARP and reporting regularly to Congress. legislation would direct the Treasury IG to quickly begin operations, as well One might say that the Special IG is Secretary to provide the TARP IG with as allow the IG to investigate any ini- the cop on the beat dedicated to pro- $50 million within three days after he tiative created as part of the program, tecting taxpayers’ interests. is confirmed by the Senate. In addi- it would not make some of the other Many would argue that the Treas- tion, because the TARP IG must hire changes I believe are absolutely vital. ury’s current authority is almost com- personnel to get up and running, my All that said, I hope that we can work pletely unrestrained. There is a saying bill includes a proposal to waive appli- together on a consensus, bipartisan about what absolute power does to peo- cable civil service rules that could package that can expeditiously clear ple and organizations, namely that ab- delay that process. I am concerned that the Senate. solute power corrupts absolutely. We without this change, it may be summer Mr. Prsident, I ask unanimous con- must not allow unrestrained power to before the TARP IG’s office is suffi- sent that the text of the bill be printed corrupt the Treasury Department’s au- ciently staffed to discharge its respon- in the RECORD. thority or mission. It is essential that sibilities. There being no objection, the text of proper oversight exists so that the Notably, EESA requires the TARP to the bill was ordered to be printed in Treasury Department is held account- address deficiencies that the Comp- the RECORD, as follows: able for how it expends taxpayer dol- troller General identifies, or to certify S. 18 lars. to the appropriate committees of Con- Be it enacted by the Senate and House of Rep- A strong IG is even more critical now gress that no action is necessary, but it resentatives of the United States of America in that the Treasury Department is di- places no similar requirement on the Congress assembled, rectly injecting capital into banks, as TARP regarding audit findings by the SECTION 1. SHORT TITLE. well as potentially aiding other enti- Special IG. My bill would place the This Act may be cited as the ‘‘Troubled ties that provide consumer credit. The same requirements on the TARP to ad- Asset Relief Program Inspector General Im- oversight requirements originally de- dress recommendations by the Special provement Act’’. signed by Congress to scrutinize the SEC. 2. FUNDING OF THE OFFICE OF THE SPE- IG as are required by the findings of CIAL INSPECTOR GENERAL. purchase of toxic assets do not accu- the Comptroller General. Section 121(g)(1) of the Emergency Eco- rately or adequately describe the Additionally, now that the Treasury nomic Stabilization Act of 2008 (division A of Treasury’s equity investments and, Department has changed course and de- Public Law 110-343) is amended by inserting therefore, do not provide the strong cided to inject capital directly into fi- before the period at the end the following: ‘‘,

VerDate Aug 31 2005 04:44 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.046 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10745 not later than 3 days after the date on which plementing this ill-conceived, midnight There being no objection, the text of the nomination of the Special Inspector Gen- regulation. the bill was ordered to be printed in eral is first confirmed by the Senate’’. As you know, Senator MURRAY and I the RECORD, as follows: SEC. 3. OBLIGATION TO RESPOND TO AUDITS. have been speaking out against this S. 3709 Section 121 of the Emergency Economic rule since July. The rule, as it was Stabilization Act of 2008 (division A of Public Be it enacted by the Senate and House of Rep- Law 110-343) is amended— then proposed in August by the Depart- resentatives of the United States of America in (1) by redesignating subsections (f), (g), and ment of Health and Human Services, is Congress assembled, (h) as subsections (g), (h), and (i), respec- a serious threat to patients’ access to SECTION 1. RURAL ENERGY FOR AMERICA PRO- tively; and information and care. GRAM. (2) by inserting after subsection (e) the fol- Then in September, Senator MURRAY (a) IN GENERAL.—Section 9007 of the Farm lowing: and I had a very frank conversation Security and Rural Investment Act of 2002 (7 ‘‘(f) CORRECTIVE RESPONSES TO AUDIT PROB- with Secretary Leavitt about how this U.S.C. 8107) is amended— (1) by striking ‘‘and rural small busi- LEMS.—The Secretary shall— rule could create a slippery slope lead- ‘‘(1) take action to address deficiencies nesses’’ each place it appears and inserting identified by the Special Inspector General ing to patients being denied access to ‘‘, rural small businesses, and rural schools’’; or other auditor engaged by the TARP; or contraception and other important in- and ‘‘(2) certify to appropriate committees of formation or care. However, despite the (2) in subsection (b)(6) and (c)(3)(A), by Congress that no action is necessary or ap- important concerns we raised to the striking ‘‘or rural small business’’ each place propriate.’’. Secretary, the New York Times re- it appears and insert ‘‘, rural small business, SEC. 4. ADDITIONAL OVERSIGHT MECHANISMS. ported this past Monday that in the or rural school’’. Section 121(c)(1) of the Emergency Eco- coming days, HHS plans to release a (b) DEFINITION OF RURAL SCHOOL.—Section 9007(a) of the Farm Security and Rural In- nomic Stabilization Act of 2008 (division A of final regulation that would undermine Public Law 110-343) is amended by striking vestment Act of 2002 (7 U.S.C. 8107(a) is ‘‘purchase, management’’ and all that fol- women’s health. amended— lows through ‘‘including’’ and inserting ‘‘ac- I am hopeful that my Senate col- (1) by redesignating paragraphs (1) and (2) tivities of the Secretary in the expenditure leagues from both sides of the aisle will as subparagraphs (A) and (B), respectively, or obligation of funds under this title, in- join me today in supporting this impor- and indenting appropriately; and cluding’’. tant piece of legislation to protect pa- (2) by striking ‘‘The Secretary’’ and insert- SEC. 5. REPORTING REQUIREMENT. tients’ rights and health care. ing the following: Section 121(g) of the Emergency Economic ‘‘(1) DEFINITION OF RURAL SCHOOL.—In this Stabilization Act of 2008 (division A of Public By Mr. REID (for himself and Mr. section, the term ‘rural school’ means a Law 110-343), as so designated by this Act, is HARKIN): school in a rural area (as defined in section amended— S. 3709. A bill to amend the Farm Se- 343(a) of the Consolidated Farm and Rural (1) by redesignating paragraphs (2) and (3) curity and Rural Investment Act of Development Act (7 U.S.C. 1991(a))). as paragraphs (3) and (4), respectively; and 2002 to expand the Rural Energy for ‘‘(2) ESTABLISHMENT.—The Secretary’’. (2) by inserting after paragraph (1) the fol- (c) MANDATORY FUNDING.—Section lowing: America Program to include schools in 9007(g)(1) of the Farm Security and Rural In- ‘‘(2) Not later than July 1, 2009, the Special rural areas; to the Committee on Agri- vestment Act of 2002 (7 U.S.C. 8107(g)(1) is Inspector General shall submit to the Com- culture, Nutrition, and Forestry. amended— mittee on Banking, Housing, and Urban Af- Mr. REID. Mr. President, today I am (1) by redesignating subparagraphs (A) fairs of the Senate and the Committee on Fi- introducing legislation, along with my through (D) as clauses (i) through (iv), re- nancial Services of the House of Representa- colleague Senator HARKIN, to create spectively, and indenting appropriately; tives a report analyzing the use of any funds opportunities for schools, located in (2) by striking ‘‘Of the funds’’ and inserting received by a financial institution under the rural communities across this country, the following: TARP.’’. to compete for grants and loans to pur- ‘‘(A) IN GENERAL.—Of the funds’’; and SEC. 6. PERSONNEL AUTHORITIES. (3) by adding at the end the following: Section 121(e)(1) of the Emergency Eco- chase energy systems or make energy ‘‘(B) FUNDING FOR RURAL SCHOOLS.—In addi- nomic Stabilization Act of 2008 (division A of efficiency improvements. tion to amounts made available under sub- Public Law 110–343) is amended— The recently passed Farm Bill au- paragraph (A), of the funds of the Com- (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and thorized roughly $1 billion in manda- modity Credit Corporation, the Secretary (2) by adding at the end the following: tory spending for renewable energy shall use to provide assistance to rural ‘‘(B)(i) Subject to clause (ii), the Special programs. One of those programs is schools under this section, $20,000,000 for Inspector General may exercise the employ- The Rural Energy for America Pro- each of fiscal years 2009 through 2013, to re- ment authorities of subsections (b) through gram, REAP. This program provides main available until expended.’’. (i) of section 3161 of title 5, United States loans, loan guarantees, and grants to Mr. HARKIN. Mr. President, today I Code (without regard to subsection (a) of am proud to cosponsor this legislation that section). agricultural producers and rural small ‘‘(ii) In exercising the employment au- businesses to invest in energy saving to expand the Rural Energy for Amer- thorities under subsection (b) of section 3161 improvements to their current energy ica Program, REAP, to include schools of title 5, United States Code, (as provided systems or to purchase renewable en- in rural areas. This amendment to the under clause (i)) the Special Inspector Gen- ergy systems. Examples include pur- program will encourage our rural eral may not make any appointment on or chasing or replacing equipment with schools to carry out energy efficiency after the date occurring 1 year after the date more efficiency units, such as lighting projects and install renewable energy of the first confirmation of a nomination for systems, thus reducing their depend- the Special Inspector General.’’. or insulation, or the wholesale install- ment of energy projects that produce ence on fossil energy and reducing fu- By Mrs. CLINTON (for herself energy from wind, solar, biomass, geo- ture energy costs. I am proud to join and Mrs. MURRAY): thermal, and hydrogen-based sources my colleague, Senator REID of Nevada, S. 20. A bill to prohibit the imple- to produce any form of energy includ- as a cosponsor of this bill. mentation ’or enforcement of certain ing, heat, electricity, or fuel. The Rural Energy for America Pro- regulations; to the Committee on My legislation would authorize an gram, enacted in the 2008 farm bill—the Health, Education, Labor, and Pen- additional $100 million over 5 years for Food, Conservation, and Energy Act of sions. these grants and in effect expand the 2008—is an expansion of the very suc- Mrs. CLINTON. Mr. President, as this scope of the program, allowing it to cessful section 9006 program which was session comes rapidly to a close, my better meet the needs of rural commu- established by the 2002 farm bill. The colleague Senator MURRAY and I are in- nities and creating important incen- program has supported over 2,000 re- troducing critical legislation to sus- tives for institutions to invest in re- newable energy and energy efficiency pend the Bush administration’s latest newable technology. It is my hope that projects for farmers, ranchers, and attempt to put ideology before wom- Congress will support this legislation rural small businesses since its enact- en’s health. The rule being proposed by and its goal of helping rural commu- ment. Most impressive is the fact that the administration would limit pa- nities play a key role in our Nation’s the Federal investments in these tients’ access to basic reproductive energy future. projects were matched by almost 10 health care services and information. Mr. President, I ask unanimous con- times as much in funding from the de- The Protecting Patients and Health sent that the text of the bill be printed velopers of the projects and other Care Act would prevent HHS from im- in the RECORD. sources. This truly is a hallmark of a

VerDate Aug 31 2005 04:55 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.043 S20NOPT1 jbell on PROD1PC69 with SENATE S10746 CONGRESSIONAL RECORD — SENATE November 20, 2008 successful Federal program, exactly related medical personal property and equip- (B) the transition of transferred employees the kind of program that deserves ex- ment, located in Great Lakes, Illinois. to pay, benefits, and personnel systems of pansion, especially because it supports (2) DESIGNATION OF JOINT USE FACILITY.— the Department of Veterans Affairs in a rural economic development while The facility and supporting facilities subject manner which will not result in any reduc- to joint use under the agreement and trans- tion of pay, grade, or employment progres- helping to provide us with cleaner and fer under this subsection shall be designated sion of any employee or any change in em- more sustainable energy systems. Ex- as known as the ‘‘Captain James A. Lovell ployment status for employees who have al- panding this program to rural schools Federal Health Care Center’’. ready successfully completed or are in the just makes sense—they foster rural (b) REVERSION.— process of completing a one-year proba- economic development and should be (1) IN GENERAL.—If any of the real and re- tionary period under title 5, United States able to take part in this transition to lated personal property transferred pursuant Code; to subsection (a) is subsequently used for (C) the establishment of integrated senior- better energy systems and to realize purposes other than the purposes specified in the associated environmental and eco- ity lists and other personnel management the joint use specified in the resource-shar- provisions that recognize an employee’s ex- nomic benefits. ing agreement described in that subsection perience and training so as to provide com- I urge my Senate colleagues to join or otherwise determined by the Secretary of parable recognition of employees previously me in passing this important legisla- Veterans Affairs to be excess to the needs of with the Department of Veterans Affairs and tion. the Department of Veterans Affairs, the Sec- employees newly transferred to such Depart- retary of Veterans Affairs shall offer to ment; and By Mr. REID (for himself, Mr. transfer such property, without reimburse- (D) such other matters relating to civilian ment, to the Secretary of Defense. Any such MCCONNELL, Mr. LEAHY, Mr. personnel management as the Secretary of transfer shall be completed not later than Defense and the Secretary of Veterans Af- HATCH, Mr. GRASSLEY, Mrs. one year after the acceptance of the offer of FEINSTEIN, and Mr. BINGAMAN): fairs consider appropriate. transfer. (c) PRESERVATION OF AUTHORITY.—Notwith- S. 3711. A bill to authorize a cost of (2) REVERSION IN EVENT OF LACK OF FACILI- standing subsections (a) and (b), nothing in living adjustment for the Federal judi- TIES INTEGRATION.— this section shall be construed as limiting ciary; considered and passed. (A) WITHIN INITIAL PERIOD.—During the 5- the authority of the Secretary of Defense to Mr. REID. Mr. President, I ask unan- year period beginning on the date of the establish civilian employee positions in the imous consent that the text of the bill transfer of the real and related personal Department of Defense and utilize all civil- property described in subsection (a), if the be printed in the RECORD. ian personnel authorities otherwise available Secretary of Veterans Affairs and the Sec- to the Secretary if the Secretary determines There being no objection, the text of retary of Defense jointly determine that the the bill was ordered to be placed in the that such actions are necessary and appro- integration of the facilities described in that priate to meet mission requirements of the RECORD, as follows: subsection should not continue, the real and Department of Defense. related personal property of the Navy ambu- S. 3711 SEC. 4. EXTENSION AND EXPANSION OF JOINT IN- Be it enacted by the Senate and House of Rep- latory care center, parking structure, and CENTIVE FUND. resentatives of the United States of America in support facilities described in that sub- (a) TEN-YEAR EXTENSION OF AUTHORITY FOR Congress assembled, section shall be transferred, without reim- JOINT INCENTIVES PROGRAM.—Paragraph (3) bursement, to the Secretary of Defense. Such SECTION 1. COST OF LIVING ADJUSTMENT FOR of section 8111(d) of title 38, United States THE FEDERAL JUDICIARY. transfer shall occur not later than 180 days Code, is amended by striking ‘‘2010’’ and in- Pursuant to section 140 of Public Law 97– after the date of such determination by the serting ‘‘2020’’. 92, justices and judges of the United States Secretaries. (b) FUNDING OF MAINTENANCE AND MINOR are authorized during fiscal year 2009 to re- (B) AFTER INITIAL PERIOD.—After the end of CONSTRUCTION FROM THE JOINT INCENTIVE ceive a salary adjustment in accordance with the 5-year period described in subparagraph FUND.—Paragraph (2) of such section is section 461 of title 28, United States Code. (A), if either the Secretary of Veterans Af- amended by adding at the end the following fairs or the Secretary of Defense determines new sentence: ‘‘Such purposes shall include By Mr. DURBIN (for himself and that the integration of the facilities de- real property maintenance and minor con- scribed in subsection (a) should not continue, Mr. AKAKA): struction projects that are not required to be the Secretary of Veterans Affairs shall specifically authorized by law under section S. 3713: A bill to provide for the inte- transfer, without reimbursement, to the Sec- gration of the Captain James A. Lovell 8104 of this title and section 2805 of title 10.’’. retary of Defense the real and related per- SEC. 5. HEALTH CARE ELIGIBILITY FOR SERV- Federal Health Care Center and the sonal property described in paragraph (1). ICES AT THE CAPTAIN JAMES A. Great Lakes Naval Health Clinic, and Such transfer shall occur not later than one LOVELL FEDERAL HEALTH CARE for other purposes; to the Committee year after the date of the determination by CENTER. on Armed Services. the Secretary concerned. (a) IN GENERAL.—For purposes of eligi- Mr. DURBIN. Mr. President, I ask SEC. 3. TRANSFER OF CIVILIAN PERSONNEL OF bility for health care under chapter 55 of title 10, United States Code, the Captain unanimous consent that the text of the THE DEPARTMENT OF DEFENSE. (a) AUTHORIZATION FOR TRANSFER OF FUNC- James A. Lovell Federal Health Care Center bill be printed in the RECORD. TIONS.— authorized by this Act may be deemed to be There being no objection, the text of (1) IN GENERAL.—The Secretary of Defense a facility of the uniformed services to the ex- the bill was ordered to be placed in the may transfer to the Department of Veterans tent provided in an agreement between the RECORD, as follows: Affairs, and the Secretary of Veterans Af- Secretary of Defense and the Secretary of S. 3713 fairs may accept from the Department of De- Veterans Affairs under subsection (b). fense, functions necessary for the effective (b) ELEMENTS OF AGREEMENT.—Subsection Be it enacted by the Senate and House of Rep- operation of the Captain James A. Lovell (a) may be implemented through an agree- resentatives of the United States of America in Federal Health Care Center. ment between the Secretary of Veterans Af- Congress assembled, (2) TREATMENT OF TRANSFERS.—Any trans- fairs and the Secretary of Defense. The SECTION 1. SHORT TITLE. fer of functions under this subsection is a agreement may— This Act may be cited as the ‘‘Captain transfer of functions within the meaning of (1) establish an integrated priority list for James A. Lovell Federal Health Care Center section 3503 of title 5, United States Code. access to available care at the facility de- Act of 2008’’. (b) TERMS OF AGREEMENT.— scribed in subsection (a), integrating the re- SEC. 2. TRANSFER OF PROPERTY. (1) RESOURCE-SHARING AGREEMENT.—Any spective priority lists of the Secretaries, (a) TRANSFER.— transfer of functions under subsection (a) taking into account categories of bene- (1) TRANSFER AUTHORIZED.—Upon the con- shall be effectuated in a resource-sharing ficiaries, enrollment program status, and clusion of a resource-sharing agreement be- agreement between the Secretary of Defense such other factors as the Secretaries deter- tween the Secretary of Defense and the Sec- and the Secretary of Veterans Affairs. mine appropriate; retary of Veterans Affairs providing for the (2) ELEMENTS.—Notwithstanding any other (2) incorporate any resource-related limi- joint use by the Department of Defense and provision of law, including but not limited to tations for access to care at that facility es- the Department of Veterans Affairs of a fa- any provisions of title 5, United States Code, tablished by the Secretary of Defense for cility and supporting facilities in North Chi- relating to transfers of function or reduc- purposes of administering space-available cago, Illinois, and Great Lakes, Illinois, and tions-in-force, the agreement described in eligibility for care in facilities of the uni- for joint use of related medical personal paragraph (1) shall be controlling and may formed services under chapter 55 of title 10, property and equipment, the Secretary of make provision for— United States Code; Defense may transfer, without reimburse- (A) the transfer of civilian employee posi- (3) allocate financial responsibility for care ment, to the Department of Veterans Affairs tions of the Department of Defense identified provided at that facility for individuals who the Navy ambulatory care center (on which in the agreement to the Department of Vet- are eligible for care under both title 38, construction commenced in July 2008), park- erans Affairs and of the incumbent civilian United States Code, and chapter 55 of title ing structure, and supporting facilities, and employees in such positions; 10, United States Code; and

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.041 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10747 (4) waive the applicability to that facility ery can only trade on a regulated board (3) by redesignating subsection (d) as sub- of any provision of section 8111(e) of title 38, of trade. In effect, this means that all section (c). United States Code, as specified by the Sec- futures contracts must trade on a des- (d) EXEMPT BOARDS OF TRADE.—Section 5d retaries. of the Commodity Exchange Act (7 U.S.C. 7a– ignated contract market or a deriva- 3) is repealed. By Mr. HARKIN: tives transaction execution facility. SEC. 3. CONFORMING AMENDMENTS. S. 3714. A bill to amend the Com- Last month, the Senate Committee (a) Section 1a of the Commodity Exchange modity Exchange Act to ensure that on Agriculture, Nutrition and Forestry Act (7 U.S.C. 1a) (as amended by section all agreements, contracts, and trans- heard dramatic testimony about the 2(a)(2)) is amended— actions with respect to commodities impact of unregulated financial deriva- (1) in paragraph (10)(A)(x), by striking ‘‘(other than an electronic trading facility are carried out on a regulated ex- tives on the U.S. economy. We have seen large negative consequences from with respect to a significant price discovery change, and for other purposes; to the contract)’’; Committee on Agriculture, Nutrition, the lack of price transparency and the (2) in paragraph (25)— and Forestry. failure to properly measure and (A) in subparagraph (C), by inserting ‘‘and’’ Mr. HARKIN. Mr. President, today, I collateralize the risk in trading over- after the semicolon at the end; am introducing legislation—the De- the-counter derivatives. The problems (B) in subparagraph (D), by striking ‘‘; rivatives Trading Integrity Act—which have not been in the trading of finan- and’’ and inserting a period; and calls for establishing stronger stand- cial futures on regulated futures mar- (C) by striking subparagraph (E); and ards of openness, transparency and in- kets, subject to the oversight of the (3) in paragraph (27), by striking ‘‘section tegrity in the trading of financial Commodity Futures Trading Commis- 2(c), 2(d), 2(f), or 2(g) of this Act’’ and insert- ing ‘‘subsection (c) or (d) of section 2’’. swaps and other over-the-counter de- sion. (b) Section 2(c) of the Commodity Ex- rivatives as a critical step toward re- This legislation I am introducing will change Act (7 U.S.C. 2(c)) is amended— building and restoring confidence in establish the standards that all futures (1) in paragraph (1)— the financial system. With the total contracts trade on regulated exchange. (A) in the matter preceding subparagraph face value of swaps reaching a high of The regulated exchanges will work (A), by striking ‘‘5d,’’; and some $531 trillion at the middle of this with the Commodity Futures Trading (B) in subparagraph (F), by striking ‘‘in an year—8-and-a-half times the world Commission to ensure that trading on excluded commodity’’; and GDP of $62 trillion—it is long past time (2) in paragraph (2)(B)(i)(II)— the exchange is fair and equitable and (A) in item (cc), by striking ‘‘section 1a(20) for accountability in these markets. not subject to abuses. The Commodity of this Act’’ each place it appears and insert- Over the years, the Commodity Fu- Futures Trading Commission has the ing ‘‘section 1a(16)’’; and tures Trading Commission and Con- experience and expertise to oversee (B) in item (dd), by striking ‘‘section gress have responded to concerns of the these matters. 1a(12)(A)(ii) of this Act’’ and inserting ‘‘sec- the swaps industry by allowing instru- Bringing necessary openness, trans- tion 1a(10)(A)(ii)’’. ments that are in form and function fu- parency, soundness, and integrity to (c) Section 4a of the Commodity Exchange tures contracts to be privately nego- Act (7 U.S.C. 6a) is amended— trading in contracts which are now un- (1) in subsection (a)— tiated without the safeguards provided regulated over-the-counter swaps and (A) in the first sentence, by striking ‘‘or on through exchange trading. related derivatives is a key element in electronic trading facilities with respect to a The economic downturn in this coun- restoring trust and confidence in the fi- significant price discovery contract’’; and try is forcing us to examine all contrib- nancial system so that we can rebuild (B) in the second sentence, by striking ‘‘or uting factors to the crisis in our finan- our economy on a solid foundation. on an electronic trading facility with respect cial markets. By restoring reasonable Mr. President, I ask unanimous con- to a significant price discovery contract,’’; safeguards and regulation of swaps, in- sent that the text of the bill be printed (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘or elec- cluding credit default swaps, along in the RECORD. with all other futures contracts, this tronic trading facility with respect to a sig- There being no objection, the text of nificant price discovery contract’’; and legislation will go a long way to re- the bill was ordered to be printed in (B) in paragraph (2), in the matter pre- store confidence in the markets and re- the RECORD, as follows: ceding the proviso, by striking ‘‘or electronic establish soundness and integrity in S. 3714 trading facility with respect to a significant the financial system. My bill will end Be it enacted by the Senate and House of Rep- price discovery contract’’; and the unregulated ‘‘casino capitalism’’ resentatives of the United States of America in (3) in subsection (e)— that has engendered great risks in Congress assembled, (A) in the first sentence— (i) in the matter preceding the proviso— swaps trading. And it will bring these SECTION 1. SHORT TITLE. (I) by striking ‘‘or by any electronic trad- transactions out into the sunlight This Act may be cited as the ‘‘Derivatives ing facility’’; Trading Integrity Act of 2008’’. where they can be monitored and ap- (II) by striking ‘‘or on an electronic trad- propriately and responsibly regulated. SEC. 2. REGULATION OF CERTAIN AGREEMENTS, ing facility’’; and This legislation will establish author- CONTRACTS, AND TRANSACTIONS. (III) by striking ‘‘or electronic trading fa- ity and safeguards to ensure that par- (a) DEFINITIONS.—Section 1a of the Com- cility’’; and ties can meet their obligations to man- modity Exchange Act (7 U.S.C. 1a) is amend- (ii) in the proviso, by striking ‘‘or elec- ed— tronic trading facility’’; and age and reduce danger and risk to the (1) by striking paragraphs (10), (11), (13), entire financial system and economy. (B) in the second sentence, in the matter (14), and (33); and preceding the proviso, by striking ‘‘or elec- Virtually all contracts now com- (2) by redesignating— monly referred to as swaps fall under tronic trading facility with respect to a sig- (A) paragraph (12) as paragraph (10); nificant price discovery contract’’. the definition of futures contracts and (B) paragraphs (15) through (32) as para- (d) Section 4g(a) of the Commodity Ex- function basically in the same manner graphs (11) through (28), respectively; and change Act (7 U.S.C. 6g(a)) is amended by as futures contracts. This bill amends (C) paragraph (34) as paragraph (29). striking ‘‘and in any significant price dis- the Commodity Exchange Act to elimi- (b) EXCLUSIONS.—Section 2 of the Com- covery contract traded or executed on an nate the distinction in futures con- modity Exchange Act (7 U.S.C. 2) is amend- electronic trading facility or’’. ed— tracts among ‘‘excluded’’ and ‘‘ex- (e) Section 4i of the Commodity Exchange (1) by striking subsections (d), (e), (g), (h), Act (7 U.S.C. 6i) is amended— empt’’ commodities and regulated, ex- and (i); and (1) in the matter preceding paragraph (1), change-traded commodities; futures (2) by redesignating subsection (f) as sub- by striking ‘‘or any significant price dis- contracts for all commodities would be section (d). covery contract traded or executed on an treated the same. (c) RESTRICTION OF FUTURES TRADING TO electronic trading facility’’; and In addition, the bill eliminates the CONTRACT MARKETS OR DERIVATIVES TRANS- (2) in the matter following paragraph (2), statutory exclusion of swap trans- ACTION EXECUTION FACILITIES.—Section 4 of by striking ‘‘or electronic trading facility’’. actions from regulation, and it ends the Commodity Exchange Act (7 U.S.C. 6) is (f) Section 5a of the Commodity Exchange the Commodity Futures Trading Com- amended— Act (7 U.S.C. 7a) is amended— (1) in subsection (a), in the matter pre- (1) in subsection (b)(2)— mission’s authority to exempt such ceding paragraph (1), by striking ‘‘Unless ex- (A) in subparagraph (D)(ii), by inserting transactions from the general require- empted by the Commission pursuant to sub- ‘‘or’’ after the semicolon at the end; ment that a contract for the purchase section (c), it shall’’ and inserting ‘‘It shall’’; (B) in subparagraph (E), by striking ‘‘; or’’ or sale of a commodity for future deliv- (2) by striking subsection (c); and and inserting a period; and

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.102 S20NOPT1 jbell on PROD1PC69 with SENATE S10748 CONGRESSIONAL RECORD — SENATE November 20, 2008 (C) by striking subparagraph (F); and transaction that is excluded from this Act So we agreed that the only alter- (2) in subsection (g)— under— native which can prevent those disas- (A) in the heading, by striking ‘‘ELECTION ‘‘(A) subsection (c) or (d) of section 2; or trous results is for the funding stream TO TRADE EXCLUDED AND EXEMPT COMMOD- ‘‘(B) title IV of the Commodity Futures for the loans to come from the so- ITIES’’ and inserting ‘‘EXCLUDED SECURITIES’’; Modernization Act of 2000 (Public Law 106– and 554; 114 Stat. 2763A457).’’. called Section 136 appropriation that (B) in paragraph (1)— (m) Section 15(b) of the Commodity Ex- we provided earlier this year in the (i) by striking ‘‘excluded or exempt com- change Act (7 U.S.C. 19(b)) is amended by consolidated Security, Disaster Assist- modities other than’’ and inserting ‘‘com- striking ‘‘4(c) or’’. ance, and Continuing Appropriations modities other than an agricultural com- (n) Section 22(b)(1)(A) of the Commodity Act, 2009. However, the structure of modity enumerated in section 1a(4) or’’; and Exchange Act (7 U.S.C. 25(b)(1)(A)) is amend- Section 136 is preserved in permanent (ii) by striking ‘‘, 2(d), or 2(g) of this Act, ed by striking ‘‘by section 2(h)(7) or sections law for the balance of its appropriation or exempt under section 2(h) of this Act’’. 5 through 5c’’ and inserting ‘‘under sections (g) Section 5b of the Commodity Exchange 5 through 5c’’. not utilized for loans, and the environ- Act (7 U.S.C. 7a–1) is amended— (o) Section 13106(b)(1) of the Food, Con- mental standards of section 136, includ- (1) in subsection (a)(1), by striking ‘‘section servation, and Energy Act of 2008 (7 U.S.C. 2 ing strengthened fuel economy and 2(a)(1)(C)(i), 2(c), 2(d), 2(f), or 2(g) of this Act note; Public Law 110–246) is amended by emissions standards, are preserved. or title IV of the Commodity Futures Mod- striking ‘‘section 1a(32)’’ and inserting ‘‘sec- Also, loan repayments will be used to ernization Act of 2000, or exempted under tion 1a’’. replenish Section 136, along with any section 2(h) or 4(c) of this Act’’ and inserting proceeds from the sale of company ‘‘subsection (a)(1)(C)(i), (c), or (d) of section 2 By Mr. LEVIN (for himself, Mr. stock owned by the government. or title IV of the Commodity Futures Mod- BOND, Ms. STABENOW, Mr. Under our proposal, this emergency ernization Act of 2000 (Public Law 106–554; 114 VOINOVICH, Mr. BROWN, Mr. Stat. 2763A457)’’; and bridge loan program would be adminis- SPECTER, and Mr. CASEY): (2) in subsection (b), by striking ‘‘section S. 3715. A bill to provide for emer- tered by the Secretary of Commerce. 2(c), 2(d), 2(f), or 2(g) of this Act or title IV The time for Congress to act on this of the Commodity Futures Modernization gency bridge loan assistance to auto- Act of 2000, or exempted under section 2(h) or mobile manufacturers and component pressing issue is growing short. People 4(c) of this Act’’ and inserting ‘‘subsection suppliers; to the Committee on Appro- in communities across this country are (c) or (d) of section 2 or title IV of the Com- priations. anxiously watching to see what we are modity Futures Modernization Act of 2000 Mr. President, I am pleased to intro- going to do. They are sick with worry. (Public Law 106–554; 114 Stat. 2763A457)’’. duce with my colleagues the Auto In- Not acting on a solution will provoke (h) Section 5c of the Commodity Exchange dustry Emergency Bridge Loan Act. anger and frustration in hundreds of Act (7 U.S.C. 7a–2) is amended— communities which supply components (1) in subsection (a)(1), by striking ‘‘and This legislation is the product of a section 2(h)(7) with respect to significant bipartisan effort to provide bridge or have auto dealers. This is a Main price discovery contracts,’’; loans of up to $25 billion to the auto in- Street issue—a direct jobs issue for (2) in subsection (b)— dustry. Auto industries around the millions of families. (A) in paragraph (1), by striking ‘‘, deriva- world, including China and Europe, are I know there is frustration with the tives transaction execution facility, or elec- requesting loans from their govern- past actions of the U.S. auto compa- tronic trading facility with respect to a sig- ments because of the dramatic decline nies. Some blame them for the quality nificant price discovery contract’’ and in- of the global economy and the drastic problems of the 1970s, or for paying serting ‘‘or derivatives transaction execution facility’’; and reduction in car purchases and the their executives and their workers too (B) in paragraphs (2) and (3), by striking ‘‘, availability of credit. much, or for not moving aggressively derivatives transaction execution facility, or Our proposition is not only bipar- enough to produce advanced tech- electronic trading facility’’ each place it ap- tisan. It is a hybrid proposal combining nology, fuel efficient cars. But we can’t pears and inserting ‘‘or derivatives trans- provisions from many sources. throw millions of jobs, a vital segment action execution facility’’; and We incorporate Leader REID’S provi- of our industrial base and our economy (3) in subsection (d)(1), in the matter pre- sions on strong taxpayer protections, overboard just because of this frustra- ceding subparagraph (A), by striking ‘‘or including stock warrants for the gov- tion. 2(h)(7)(C) with respect to a significant price discovery contract traded or executed on an ernment, provisions restricting execu- President Bush, President-elect electronic trading facility,’’. tive compensation, including bonuses Obama, and the leadership and prob- (i) Section 5e of the Commodity Exchange and golden parachutes, and provisions ably a majority of the Congress all Act (7 U.S.C. 7b) is amended by striking ‘‘or requiring long term plans for financial agree that we needed to provide bridge revocation of the right of an electronic trad- viability. Suppliers are also made eligi- loans to support the U.S. auto indus- ing facility to rely on the exemption set ble for the loans. forth in section 2(h)(3) with respect to a sig- try, and I am pleased that the leader- The language of Chairman BARNEY nificant price discovery contract,’’. ship of the Congress has said that we (j) Section 5f(b)(1) of the Commodity Ex- FRANK, of the House Financial Services will address this issue beginning De- change Act (7 U.S.C. 7b–1(b)(1)) is amended in Committee, was heavily utilized in- cember 8. the matter preceding subparagraph (A), by cluding retention of Section 136’s envi- The stakes for our future economic striking ‘‘section 5f’’ and inserting ‘‘this sec- ronmental standards, such as 25 per- tion’’. security and well-being are enormous. cent improvement in fuel economy and One way or another, we must provide (k) Section 6(b) of the Commodity Ex- Tier II emissions standards. His over- change Act (7 U.S.C. 8(b)) is amended— the bridge loans for the domestic auto (1) in the first sentence— sight board membership approach is industry—for the sake of millions of (A) by striking ‘‘or to revoke the right of also included. workers and their future and to keep an electronic trading facility to rely on the The White House opposed the use of our economy from being pushed into a exemption set forth in section 2(h)(3) with any of the $700 billion, already-appro- depression. respect to a significant price discovery con- priated stabilization fund, and the Ma- tract,’’; and jority Leader said yesterday that there I want to thank the cosponsors of (B) by striking ‘‘or electronic trading facil- were not enough votes in the Senate to this legislation, Senator BOND, Senator ity’’; and pass an amendment using those funds. STABENOW, Senator VOINOVICH, Senator (2) in the second sentence, in the matter We cannot allow the issue of which BROWN, Senator SPECTER and Senator preceding the proviso, by striking ‘‘or elec- CASEY for their assistance in preparing tronic trading facility’’. source of already appropriated funds (l) Section 12(e) of the Commodity Ex- will be used for the essential purpose of this bipartisan legislation, and I urge change Act (7 U.S.C. 16(e)) is amended by preventing the economy from sliding my colleagues to join us in supporting striking paragraph (2) and inserting the fol- into a depression, which is a real possi- it. lowing: bility if one or more of the domestic Mr. President, I ask unanimous con- ‘‘(2) EFFECT.—This Act supersedes and pre- auto companies goes under, given the sent that the text of the bill be printed empts the application of any State or local in the RECORD. law that prohibits or regulates gaming or impact of the auto industry on millions the operation of bucket shops (other than of jobs, on suppliers that are in most of There being no objection, the text of antifraud provisions of general applicability) our States and on all of our commu- the bill was ordered to be printed in in the case of an agreement, contract, or nities which have Big 3 auto dealers. the RECORD, as follows:

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.101 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10749 S. 3715 tion for a loan under subsection (a), the Sec- (3) A prohibition on such recipient making Be it enacted by the Senate and House of Rep- retary shall, after consultation with other any golden parachute payment to a senior resentatives of the United States of America in Executive Branch officials, determine wheth- executive officer during the period that the Congress assembled, er— loan under this Act is outstanding. SECTION 1. SHORT TITLE. (1) the applicant meets the requirements (4) A prohibition on such recipient paying This Act may be cited as the ‘‘Auto Indus- described in sections 3 and 4; or accruing any bonus or incentive com- try Emergency Bridge Loan Act’’. (2) the disbursement of funds and the suc- pensation during the period that the loan cessful implementation of the required plan under this Act is outstanding to any execu- SEC. 2. DEFINITIONS. tive whose annual base compensation ex- In this Act: would ensure the financial viability of the applicant; and ceeds $250,000 (which amount shall be ad- (1) AUTOMOBILE MANUFACTURER OR COMPO- (3) the applicant is therefore eligible to re- justed by the Secretary for inflation). NENT SUPPLIER.—The term ‘‘automobile man- (5) A prohibition on any compensation plan ufacturer or component supplier’’ means an ceive a loan under this Act. (c) DISBURSEMENT.—The Secretary shall that could encourage manipulation of the re- automobile manufacturer or component sup- begin disbursement of the proceeds of a loan ported earnings of the recipient to enhance plier or any successor thereto. under this Act to an eligible applicant not compensation of any of its employees. (2) GOLDEN PARACHUTE PAYMENT.—The later than 7 days after the date on which the SEC. 8. PROHIBITION ON THE USE OF LOAN PRO- term ‘‘golden parachute payment’’ means Secretary receives a disbursal request from CEEDS FOR LOBBYING ACTIVITIES. any payment to a senior executive officer for the applicant. (a) IN GENERAL.—A recipient of a loan departure from a company for any reason. (d) WARRANTS AND DEBT INSTRUMENTS.— under this Act may not use such funds for (3) FINANCIAL VIABILITY.—The term ‘‘finan- The Secretary may not make a loan under any lobbying expenditures or political con- cial viability’’ means, using generally ac- this Act unless the Secretary receives from tributions. ceptable accounting principles, that there is the automobile manufacturer or component (b) DEFINITIONS.—In this section: a reasonable prospect that the applicant will supplier a warrant or senior debt instrument (1) LOBBYING EXPENDITURES.—The term be able to make payments of principal and from the manufacturer made in accordance ‘‘lobbying expenditures’’ has the meaning interest on the loan as and when such pay- with the requirements for a warrant or sen- given the term in section 4911(c)(1) of the In- ments become due under the terms of the ior debt instrument by a financial institu- ternal Revenue Code of 1986. loan documents, and that the applicant has a tion under section 113(d) of the Emergency (2) POLITICAL CONTRIBUTIONS.—The term net present value that is positive. Economic Stabilization Act of 2008 (division ‘‘political contribution’’ means any con- (4) SECRETARY.—The term ‘‘Secretary’’ A of Public Law 110–343). tribution on behalf of a political candidate means the Secretary of Commerce. SEC. 6. REPLENISHMENT OF ADVANCED TECH- or to a separate segregated fund described in (5) SENIOR EXECUTIVE OFFICER.—The term NOLOGY VEHICLE MANUFACTURING section 316(b)(2)(C) of the Federal Election ‘‘senior executive officer’’ means an indi- INCENTIVE PROGRAM. Campaign Act of 1971 (2 U.S.C. 441b(b)(2)(C)). vidual who is 1 of the top 5 most highly paid (a) EQUITY SALES.— SEC. 9. PROHIBITION ON PAYMENT OF DIVI- executives of a public company, whose com- (1) SALES AUTHORIZED.—The Secretary may DENDS. pensation is required to be disclosed pursu- sell, exercise, or surrender any equity instru- No common stock dividends may be paid ant to the Securities Exchange Act of 1934, ment received under this Act. by any recipient of a loan under this Act for and any regulations issued thereunder, and (2) TURNAROUND PROFITS TO RESTORE AD- the duration of the loan. nonpublic company counterparts. VANCED VEHICLES MANUFACTURING INCENTIVE SEC. 10. AUTO INDUSTRY EMERGENCY BRIDGE SEC. 3. AUTO INDUSTRY EMERGENCY BRIDGE PROGRAM.—Proceeds received from a sale, ex- LOAN OVERSIGHT BOARD. LOAN PROGRAM. ercise, or surrender under paragraph (1) may (a) ESTABLISHMENT.—There is established On or before March 31, 2009, the Secretary be credited to the appropriate Government the Auto Industry Emergency Bridge Loan shall make loans from funds provided under financing account made available to fulfill Oversight Board (in this section referred to this section to automobile manufacturers or the advanced technology vehicle manufac- as the ‘‘Board’’), which shall be responsible component suppliers that have— turing incentive purpose under section 136 of for reviewing and providing advice con- (1) operations in the United States, the the Energy Independence and Security Act of cerning the exercise of authority under this failure of which would have a systemic ad- 2007 (Public Law 110–140; 42 U.S.C. 17013) until Act, including— verse effect on the overall United States the amount loaned under this Act has been (1) the progress of the applicant in meeting economy or a significant loss of United repaid. the performance goals and milestones under its financial viability plan required under States jobs, as determined by the Secretary; (3) REDUCTION OF PUBLIC DEBT.—Proceeds (2) operated a manufacturing facility for received from a sale, exercise, or surrender section 4; the purposes of producing automobiles or under paragraph (1) that takes place after (2) recommending changes, as necessary automobile components in the United States the amount loaned under this Act has been and appropriate, to the Secretary in meeting throughout the 20-year period ending on the repaid in accordance with paragraph (2) may the goals and milestones under the financial date of the enactment of this Act; and be used to reduce the public debt. viability plan, and senior management and board of directors to the automobile manu- (3) submitted a complete application for a (b) REPAID LOAN FUNDS.— facturers and component suppliers assisted loan under this section pursuant to section (1) IN GENERAL.—Loan amounts repaid under this Act; and 4(a), which has been determined eligible under this Act may be credited to the appro- (3) reporting any suspected fraud, mis- under section 4(b). priate Government financing account made available to fulfill the advanced technology representation, or malfeasance to the Inspec- SEC. 4. PLAN TO ENSURE FINANCIAL VIABILITY tor General of the Department of Commerce OF BORROWER. vehicle manufacturing incentive purpose of or the Attorney General of the United (a) IN GENERAL.—At the time of applica- section 136 of the Energy Independence and States, consistent with section 535(b) of title tion for a loan under this Act, an automobile Security Act of 2007 until the amount loaned 28, United States Code. manufacturer or component supplier shall under this Act is repaid. (b) MEMBERSHIP.—The Board shall be com- (2) REDUCTION OF PUBLIC DEBT.—Loan submit to the Secretary a detailed plan that prised of— amounts repaid under this Act after the describes how the requested Government (1) the Secretary of Commerce; amount loaned under this Act has been re- funds— (2) the Secretary of Energy; paid may be used to reduce the public debt. (1) would be utilized to ensure the financial (3) the Secretary of Transportation; viability of the manufacturer or supplier; SEC. 7. LIMITS ON EXECUTIVE COMPENSATION. (4) the Secretary of the Treasury; and (a) STANDARDS REQUIRED.—The Secretary (5) the Secretary of Labor; and (2) would stimulate automobile production shall require any recipient of a loan under (6) the Administrator of the Environ- in the United States; and this Act to meet appropriate standards for mental Protection Agency. (3) would improve the capacity of the man- executive compensation and corporate gov- (c) CHAIRPERSON.—The chairperson of the ufacturer or supplier to pursue the timely ernance. Board shall be the Secretary of Commerce. and aggressive production of energy-efficient (b) SPECIFIC REQUIREMENTS.—The stand- (d) MEETINGS.—The Board shall meet— advanced technology vehicles. ards established under subsection (a) shall (1) not later than 14 days after the first dis- (b) PLAN CONTENTS.—A plan submitted include the following: bursement of funds provided under this Act; under this section shall detail cost control (1) Limits on compensation that exclude and measures and performance goals and mile- incentives for senior executive officers of a (2) not less frequently than monthly there- stones. recipient of a loan under this Act to take un- after. SEC. 5. APPLICATIONS, ELIGIBILITY AND DIS- necessary and excessive risks that threaten (e) REPORTS.—The Board shall report to BURSEMENTS. the value of such recipient during the period the appropriate committees of Congress, not (a) APPLICATIONS.—On and after the date that the loan is outstanding. less frequently than quarterly, on the mat- that is 3 days after the date of the enactment (2) A provision for the recovery by such re- ters described under this section. of this Act, the Secretary shall accept appli- cipient of any bonus or incentive compensa- (f) OVERSIGHT OF TRANSACTIONS AND FINAN- cations for loans under this Act. tion paid to a senior executive officer based CIAL CONDITION.— (b) DETERMINATION OF ELIGIBILITY.—Not on statements of earnings, gains, or other (1) DUTY TO INFORM.—During the period in later than 15 days after the date on which criteria that are later found to be materially which any loan extended under this Act re- the Secretary receives a complete applica- inaccurate. mains outstanding, the recipient of such

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loan shall promptly inform the Secretary (2) TEMPORARY RESTRAINING ORDER.—Any main available after March 31, 2009, shall be and the Board of— request for a temporary restraining order transferred to the Secretary of Energy and (A) any asset sale, investment, or commit- against the Secretary for actions pursuant shall be used to carry out section 136 of the ment for any asset sale or investment pro- to this Act shall be considered and granted Energy Independence and Security Act of posed to be entered into by such recipient or denied by the court within 3 days of the 2007, subject to the terms and conditions de- that has a value in excess of $25,000,000; and date of the request. scribed in section 129 of the Consolidated Se- (B) any other material change in the finan- (3) PRELIMINARY INJUNCTION.—Any request curity, Disaster Assistance, and Continuing cial condition of such recipient. for a preliminary injunction against the Sec- Appropriations Act, 2009. (2) AUTHORITY OF THE SECRETARY.—During retary for actions pursuant to this Act shall SEC. 18. COORDINATION WITH OTHER LAWS RE- the period in which any loan extended under be considered and granted or denied by the GARDING PROMOTION OF AD- this Act remains outstanding, the Secretary, court on an expedited basis consistent with VANCED TECHNOLOGY VEHICLE in consultation with the Board, may— the provisions of rule 65(b)(3) of the Federal MANUFACTURING. (A) promptly review any asset sale or in- Rules of Civil Procedure, or any successor to Nothing in the Act may be construed as al- vestment described in paragraph (1) or any such rule. tering, affecting, or superseding the provi- commitment for such asset sale or invest- (4) PERMANENT INJUNCTION.—Any request sions of section 136 of the Energy Independ- ment; and for a permanent injunction against the Sec- ence and Security Act of 2007, relating to the (B) direct the recipient of the loan that it retary for actions pursuant to this Act shall technology requirements for energy efficient should not consummate such proposed sale be considered and granted or denied by the vehicles. or investment or commitment for such sale court on an expedited basis. Whenever pos- or investment. sible, the court shall consolidate trial on the By Mrs. MCCASKILL (for herself, (3) REGULATIONS.—The Board may estab- merits with any hearing on a request for a Mr. GRASSLEY, Ms. COLLINS, Mr. lish, by regulation, procedures for con- preliminary injunction, consistent with the ducting any review under this subsection. provisions of rule 65(a)(2) of the Federal LIEBERMAN, and Mr. BUNNING): (g) TERMINATION.—The Board, and its au- Rules of Civil Procedure, or any successor to S. 3716. A bill to amend the Emer- thority under this section, shall terminate such rule. gency Economic Stabilization Act of not later than 6 months after the date on (5) LIMITATION ON ACTIONS BY PARTICIPATING 2008 (Public Law 110–343) to provide the which the last loan amounts under this sec- COMPANIES.—No action or claims may be Special Inspector General with addi- tion are repaid. brought against the Secretary by any person tional personnel, audit, and investiga- SEC. 11. PRIORITIZATION OF LOAN ALLOCA- that divests its assets with respect to its par- tion authorities; to the Committee on ticipation in a program under this Act, ex- TIONS. Banking, Housing, and Urban Affairs. In allocating loan amounts under this Act, cept as provided in paragraph (1), other than the Secretary shall consider the magnitude as expressly provided in a written contract Mr. GRASSLEY. Mr. President, of the impact of the manufacturing oper- with the Secretary. seven weeks ago Congress faced an ex- ations of the applicant in the United States (6) STAYS.—Any injunction or other form tremely difficult decision of whether or on the overall economy of the United States of equitable relief issued against the Sec- not to pass an unprecedented $700 bil- and other segments of the automobile indus- retary for actions pursuant to this Act shall lion economic stabilization bill to help try, including the impact on levels of em- be automatically stayed. The stay shall be our Nation’s economy and financial lifted, unless the Secretary seeks a stay from ployment, domestic manufacturing of auto- markets. The Emergency Economic mobiles and automobile components, and a higher court within 3 calendar days after automobile dealerships. the date on which the relief is issued. Stabilization Act, the Act, passed by Congress and signed into law by the SEC. 12. RATE OF INTEREST. (c) SAVINGS CLAUSE.—Any exercise of the The annual rate of interest for a loan authority of the Secretary pursuant to this President, was designed to provide new, under this Act shall be— section shall not impair the claims or de- expanded authority to the Department (a) 5 percent during the 5-year period be- fenses that would otherwise apply with re- of the Treasury to take immediate ac- ginning on the date on which the Secretary spect to persons other than the Secretary. tion to stabilize our financial markets disburses the loan; and SEC. 17. FUNDING. by purchasing troubled assets through (b) 9 percent after the end of the period de- (a) IN GENERAL.—The $7,500,000,000 appro- a program called the Troubled Asset scribed in paragraph (1). priated for fiscal year 2009 for direct loans Relief Program or TARP. This new au- SEC. 13. NO PREPAYMENT PENALTY. under section 129 of the Consolidated Secu- rity, Disaster Assistance, and Continuing thority was designed to stop the con- A loan made under this Act shall be tinued declines in the financial serv- prepayable without penalty at any time. Appropriations Act, 2009 (division A of Pub- lic Law 110–329) is rescinded. ices industry and the credit markets. SEC. 14. DISCHARGE. (b) APPROPRIATIONS.—There is appropriated Like many of the thousands of con- A discharge under title 11, United States to the Secretary of Commerce $7,500,000,000 stituents from Iowa I’ve heard from, I Code, shall not discharge the borrower from to the ‘‘Department of Commerce – Emer- any debt for funds authorized to be disbursed shared their concerns that the sta- gency Bridge Loan Program Account’’ for bilization plan put hundreds of billions under this Act. the cost of direct loans authorized under this SEC. 15. FEES. Act, which shall remain available until ex- of taxpayer dollars at risk. During the (a) IN GENERAL.—The Secretary may pended. Commitments for direct loans using debate on this legislation I made it charge and collect fees for disbursements such amount shall not exceed $25,000,000,000 clear that I would only support this under this Act in amounts that the Sec- in total loan principal. The cost of such di- package if it included significant retary determines are sufficient to cover ap- rect loans, including the cost of modifying checks on the spending through var- plicable administrative expenses. such loans, shall be calculated in accordance ious oversight mechanisms. I wanted to (b) AVAILABILITY.—Fees collected under with section 502 of the Congressional Budget make sure the legislation wasn’t a this section— Act of 1974 (2 U.S.C. 661a). blank check for Government bureau- (1) shall be deposited by the Secretary into (c) TRANSFERS FOR DIRECT LOANS.—Fol- the Treasury of the United States; lowing the receipt of a notice from the Sec- crats to spend taxpayer dollars with (2) shall be used by the Secretary to pay retary of Energy certifying the approval of a impunity. I’m glad that Congress lis- administrative expenses of making awards loan under the program authorized under tened to my concerns and I’m glad that and loans under this Act; and section 136 of the Energy Independence and specific oversight reforms I rec- (3) shall remain available until expended, Security Act of 2007 (Public Law 110–140; 42 ommended were included in the final without further appropriation. U.S.C. 17013), the Secretary may transfer package. For instance, the creation of SEC. 16. JUDICIAL REVIEW AND RELATED MAT- amounts made available under this Act to a Special Inspector General for the TERS. the Secretary of Energy, in an amount suffi- Troubled Assets Relief Program (In- (a) STANDARDS.—Actions by the Secretary cient for the cost of the direct loans if such pursuant to the authority of this Act shall transfer would not cause the Secretary to ex- spector General) was something I be subject to chapter 7 of title 5, United ceed the total appropriation and total com- worked to include in the final legisla- States Code, including that such final ac- mitment level authorized under subsection tion to ensure that an independent tions shall be held unlawful and set aside if (b). Any amounts so transferred shall be watchdog would be looking out for tax- found to be arbitrary, capricious, an abuse of available to the Secretary of Energy without payer funds allocated to the TARP. discretion, or not in accordance with law. fiscal year limitation and subject to the The legislation also has a number of (b) LIMITATIONS ON EQUITABLE RELIEF.— terms and conditions described in section 129 additional oversight provisions such as (1) INJUNCTION.—No injunction or other of the Consolidated Security, Disaster As- form of equitable relief shall be issued sistance, and Continuing Appropriations Act, the creation of a Financial Stability against the Secretary for actions pursuant 2009. Oversight Board that is responsible for to this Act, other than to remedy a violation (d) USE OF REMAINING AMOUNTS.—Amounts reviewing the exercise of the program of the Constitution. appropriated under subsection (b) which re- to ensure the Treasury is operating as

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.103 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10751 envisioned. Additionally, the legisla- authority necessary to oversee the tax- as cold medicine, Band-Aids, or pain re- tion included provisions requiring reg- payer dollars that are being used to lievers. In addition, some dental ex- ular reports from the Treasury to Con- stabilize the financial industry. penses are currently reimbursable, gress, Tranche reports outlining any This legislation makes one other such as a crown or a regular dental assets Treasury chooses to purchase, change to the Act that will help the checkup. But the money spent on den- and reports from the Comptroller Gen- Special Inspector General hit the tal products such as fluoride tooth- eral at the Government Accountability ground running once the Senate con- paste, a spin toothbrush, or dental floss Office. The Act also places controls on firms the nomination. Looking back to is not currently reimbursable, even executive compensation and corporate the last Special Inspector General Con- though they help prevent tooth decay. governance at participating entities. gress created, the Special Inspector In fact, toothpaste is specifically ex- Taken together, these provisions were General for Iraq Reconstruction, cluded from the definition of a quali- aimed to provide a sturdy foundation SIGIR, we noted that Congress pro- fied expense. for ensuring the program is properly vided SIGIR the authority to utilize I believe this is an inequity in our overseen. special hiring authority to fill these tax law that needs to be corrected. However, despite these controls, important jobs quickly and not have More and more medical research is many of these oversight provisions them tied up in bureaucratic red tape. demonstrating the link between good have been slowly implemented or out- This section of our bill simply states oral health and overall health. For ex- right ignored until recently. To date, that the Special Inspector General may ample, research shows that pregnant the Senate has only held hearings on utilize special expedited hiring author- women with poor oral health tend to the nomination for the Special Inspec- ity authorized under 5 U.S.C. § 3161 for deliver lower birth rate babies. Unfor- tor General and it is unclear when the the first six months after the date of tunately, the definition of dental ex- nomination will be approved. Until enactment to get the office up and run- penses has not kept up with medical re- then, the Inspector General at the De- ning. Further, the section also removes search. partment of the Treasury has devoted statutory limits for how long these The legislation Senator STABENOW some resources to overseeing the special appointments may serve be- and I are introducing today would up- TARP, but we need to act expedi- cause we do not want to limit the date the rules governing FSAs to en- tiously to approve the Special Inspec- length of time these employees can sure that funds spent on dental prod- tor General to ensure someone is work for the Special Inspector General ucts used to treat or prevent oral dis- watching over all these taxpayer funds. given we don’t know how long they will ease are treated the same as other I do believe once we confirm a nomi- be needed to oversee this program. over-the-counter medical expenses. For nee to be the Special Inspector General Taken together, these two simple those concerned about abuse, this bill that this office will face an uphill bat- provisions are necessary to ensure that makes it clear that money spent on tle to work quickly to hire staff and to the Special Inspector General is the ag- cosmetic products would not be consid- get operations moving to find out gressive, independent watchdog we en- ered a qualified expense that can be re- where all the billions of dollars are and visioned when we passed the Act and imbursed by an FSA. how they were spent. This isn’t an im- not just a paper tiger. As a long time Mr. President, it makes sense to in- possible task, but it is one that will supporter of Inspectors General, I be- vest in disease prevention on the front take serious effort and great leadership lieve this legislation is necessary to end. Allowing individuals to set aside to accomplish. ensure the success of the Special In- money in their FSA to pay for dental One concern I have with the Special spector General. I urge my colleagues products that can help prevent cavity Inspector General is the lack of author- to support this urgent legislative fix to or periodontal disease will help to re- ity that office will have to oversee the help ensure that American taxpayer duce future expenditures on more cost- TARP and new, evolving programs dollars are not lost to fraud, waste, or ly treatments. under the TARP such as the Capital abuse because of a simple oversight in f Purchase Plan, or CPP. The Secretary the drafting of the original legislation. of the Treasury has indicated publicly SUBMITTED RESOLUTIONS that he intends to continue utilizing By Ms. STABENOW (for herself his authority under the Act to use the and Mr. CORNYN): SENATE RESOLUTION 710—DESIG- TARP and the CPP to continue to pro- S. 3717. A bill to amend the Internal NATING THE WEEK OF FEB- vide taxpayer funds via equity injec- Revenue Code of 1986 to allow reim- RUARY 2 THROUGH FEBRUARY 6, tions and stock warrant purchases to bursement from flexible spending ac- 2009, AS ‘‘NATIONAL TEEN DAT- banks, financial institutions, and other counts for certain dental products; to ING VIOLENCE AWARENESS AND entities, as opposed to purchasing dis- the Committee on Finance. PREVENTION WEEK’’ tressed assets as the TARP was origi- Mr. CORNYN. Mr. President, I am nally envisioned. While the Secretary pleased to join my colleague, Ms. Mr. CRAPO (for himself, Mrs. CLIN- is acting within his authority, this STABENOW, in introducing the Dental TON, Mr. LIEBERMAN, Ms. MURKOWSKI, change was not necessarily envisioned Health Promotion Act of 2008. This bill Mr. SCHUMER, and Mr. BAYH) submitted from the oversight perspective when would make expenditures on dental the following resolution; which was re- the Special Inspector General author- products used to prevent or treat dis- ferred to the Committee on the Judici- ization was drafted. Instead, the cur- eases of the mouth to be considered ary: rent Act could be construed to only ‘‘qualified’’ medical expenses eligible S. RES. 710 give the Special Inspector General the for reimbursement from a flexible Whereas 1 in 11 adolescents reports being a authority to review purchases of dis- spending arrangement, FSA. It is iden- victim of physical dating violence; tressed assets and not the purchases tical to H.R. 3109, which was introduced Whereas dating violence occurs more fre- and equity injections currently ongo- in the House of Representatives in July quently among black students (13.9 percent) than among Hispanic (9.3 percent) or white (7 ing under the CPP. As a result, the 2007. percent) students; Special Inspector General could be lim- FSAs are vehicles that allow individ- Whereas 1 in 5 teenagers in a serious rela- ited in authority to review the TARP uals to use pretax dollars to pay for tionship reports having been hit, slapped, or before he takes office. ‘‘qualified’’ medical and dental ex- pushed by a partner; To rectify this, Senator MCCASKILL penses that are not reimbursed by Whereas more than 1 in 4 teenagers have and I are here today to introduce a other sources, such as a health insur- been in a relationship where a partner is ver- simple legislative fix to this provision ance plan. Qualified medical and dental bally abusive; that would amend the Act to allow the expenses are defined in Section 213(d) Whereas 30 percent of teenagers in a dating Special Inspector General to review all of the Internal Revenue Code and its relationship have been text messaged 10, 20, or 30 times per hour by a partner attempting actions taken under the TARP, includ- accompanying regulations and include to find out where they are, what they are ing those of the CPP. This is a straight prescription and over-the-counter prod- doing, or who they are with; forward solution to ensure that the ucts. For example, an individual can Whereas 40 percent of the youngest Special Inspector General has all the use FSA dollars to pay for items such ‘‘tweens’’, those between the ages of 11 and

VerDate Aug 31 2005 04:44 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.052 S20NOPT1 jbell on PROD1PC69 with SENATE S10752 CONGRESSIONAL RECORD — SENATE November 20, 2008 12, report that their friends are victims of men before 1,000 witnesses in a public sta- a World Series title for the first time since verbal abuse in dating relationships; dium; 1980, and for the second time in team his- Whereas nearly 3 in 4 tweens say that dat- Whereas al-Shabaab, some of whose mem- tory; ing relationships usually begin at age 14 or bers are affiliated with al Qaeda, is a violent Whereas the Tampa Bay Rays deserve con- younger; and brutal extremist group that has used in- gratulations for a stellar 2008 season, in Whereas 29 percent of girls who have been timidation and committed human rights vio- which, after 10 consecutive losing seasons, in a relationship said that they have been lations to undermine the Transitional Fed- they posted a regular season record of 97–65 pressured to have sex or to engage in sexual eral Government of Somalia and threaten ac- and won the American League Championship activities that they did not want; tivists in civil society working to bring Series; Whereas 69 percent of all teenagers who about peace through political dialogue and Whereas Tampa Bay Rays Manager and had sex by age 14 said they have experienced reconciliation; Hazelton, Pennsylvania-native Joe Maddon 1 or more types of abuse in a dating relation- Whereas, on February 29, 2008, Secretary of established himself as among the premier ship; State Condoleezza Rice designated al- managers in Major League Baseball during Whereas 1 in 5 teenagers (20 percent) be- Shabaab as a foreign terrorist organization the 2008 season, and aptly was named Amer- tween the ages of 13 and 14 say their friends pursuant to section 219 of the Immigration ican League Manager of the Year; are victims of dating violence; and Nationality Act (8 U.S.C. 1189) and Whereas Philadelphia sports fans have con- Whereas in 2003, in a national survey of placed the organization on the list of spe- sistently demonstrated their love for, and over 14,000 high school students conducted by cially designated global terrorists estab- devotion to, Philadelphia teams, even after the Centers for Disease Control and Preven- lished under the International Emergency 25 years without winning a major sports tion, just over 8 percent of boys and girls re- Economic Powers Act and initiated under championship; ported physical dating violence victimiza- Executive Order 13224; Whereas, since taking the helm as manager tion and were more likely to engage in risky Whereas the 2007 Country Report on in 2005, Phillies Manager Charlie Manuel has behaviors including sexual intercourse, at- Human Rights Practices in Somalia, re- guided the young Phillies team to become tempted suicide, episodic heavy drinking, leased on March 11, 2007, by the Department the best in Major League Baseball; and physical fighting; of State, cited the ‘‘poor human rights situa- Whereas recently-retired General Manager Whereas Native American women experi- tion’’ in Somalia, including ‘‘unlawful and Pat Gillick, who joined the Phillies in 2006, ence higher rates of interpersonal violence politically motivated killings, official impu- played an integral role in assembling the than any other population group; nity, and discrimination and violence World Series-winning team; Whereas violent relationships in adoles- against women’’; Whereas 24-year old pitcher Cole Hamels cence can have serious ramifications for vic- Whereas stoning is a grave and serious vio- was named the Most Valuable Player for tims, putting them at higher risk for sub- lation of human rights law, in which the vic- both the National League Championship Se- stance abuse, eating disorders, risky sexual tim is killed in an especially brutal way; ries and the World Series, with a 4–0 record behavior, suicide, and adult revictimization; Whereas stoning is practiced particularly and 1.80 Earned Run Average in the post-sea- Whereas the severity of violence among in- on girls and women accused of adultery; son; timate partners has been shown to be greater Whereas the United States Commission on Whereas starting pitchers Cole Hamels, in cases where the pattern of violence has International Religious Freedom has con- Brett Myers, Joe Blanton, and Souderton, been established in adolescence; demned the death of Aisha Ibrahim Duhulow Pennsylvania-native Jamie Moyer delivered Whereas more than 3 times as many and called on the United States Government outstanding performances throughout the tweens (20 percent) as parents of tweens (6 to join other states in speaking out deci- post-season; percent) admit that parents know little or sively in international fora against such Whereas the Phillies’ bullpen distinguished nothing about the tweens’ dating relation- grave human rights abuses; and ships; Whereas the United States Government itself as among the greatest in Major League Whereas a majority of parents surveyed ei- continues to support the efforts of those Baseball, particularly closer Brad Lidge, who ther believe dating violence is not an issue working to transform the troubled region of finished the 2008 season with 48 out of 48 save or admit they do not know if it is an issue; Somalia through commitment to sound opportunities, including the final game of and human rights practices, democratic and rep- the World Series; Whereas the establishment of National resentative government, economic recovery, Whereas the Phillies were led by a talented Teen Dating Violence Awareness and Preven- and lasting peace and reconciliation: Now, and tough group of players including: 2006 tion Week will benefit schools, communities, therefore, be it MVP Ryan Howard; All-Star Chase Utley; and families regardless of socio-economic Resolved, That the Senate— 2007 MVP and 2007 and 2008 Gold Glove win- status, race, or sex: Now, therefore be it (1) condemns the tragic and senseless death ner Jimmy Rollins; third baseman Pedro Resolved, That the Senate— by stoning of Aisha Ibrahim Duhulow; Feliz; veteran outfielder Pat Burrell; 2008 (1) designates the week of February 2 (2) urges the international community to Gold Glove winner, the ‘‘Flyin’ Hawaiian’’, through February 6, 2009, as ‘‘National Teen join the Senate in speaking out against this Shane Victorino; outfielder Jayson Werth; Dating Violence Awareness and Prevention brutal act; and and catcher Carlos Ruiz; Week’’; and (3) urges the Transitional Federal Govern- Whereas numerous reserve players made (2) calls upon the people of the United ment of Somalia— significant contributions to the Phillies’ States, high schools, law enforcement, State (A) to undertake robust efforts to protect World Series title run, including Geoff Jen- and local officials, and interested groups to women and children and to prevent acts of kins, Chris Coste, Eric Bruntlett, Greg observe National Teen Dating Violence institutionalized violence against women in Dobbs, and Matt Stairs; and Awareness and Prevention Week with appro- Somalia; Whereas more than 1,000,000 fans packed priate programs and activities that promote (B) to work to strengthen the rule of law as the streets of Philadelphia on October 31, awareness and prevention of the crime of part of the effort by the Transitional Federal 2008 for a parade along Market and Broad teen dating violence in their communities. Government of Somalia to establish its au- Streets ending at Citizens Bank Park; f thority; Now, therefore, be it (C) to promote equal and fair treatment of Resolved, That the Senate— SENATE RESOLUTION 711—CON- women; and DEMNING THE TRAGIC AND (1) congratulates— (D) to end the culture of impunity in So- (A) the Philadelphia Phillies for winning SENSELESS DEATH BY STONING malia. the 2008 World Series; OF A 13-YEAR-OLD GIRL FROM f (B) the Phillies manager, coaches, and sup- SOMALIA SENATE RESOLUTION 712—CON- port staff, whose commitment to the Phillies franchise has sustained this proud organiza- Ms. COLLINS (for herself, Mrs. FEIN- GRATULATING THE PHILADEL- STEIN, Ms. SNOWE, Ms. LANDRIEU, Ms. tion and allowed the team to reach the pin- PHIA PHILLIES ON WINNING THE nacle of success in 2008; STABENOW, and Mrs. CLINTON) sub- 2008 WORLD SERIES mitted the following resolution; which (C) all Phillies fans, whose tenacity, perse- verance, and enthusiasm are matched only ws considered and agreed to: MR. SPECTER (for himself, Mr. CASEY, Mr. MENENDEZ, Mr. LAUTEN- by that of the team to which the fans are S. RES. 711 BERG, and Mr. BUNNING) submitted the dedicated; and Whereas a child from Somalia, identified following resolution; which ws consid- (D) the Tampa Bay Rays on an outstanding as Aisha Ibrahim Duhulow, was raped by 3 2008 season; and men, and when her family reported the rape ered and agreed to: (2) directs the Secretary of the Senate to to authorities of the al-Shabaab militia that S. RES. 712 transmit an enrolled copy of this resolution control the city of Kismayu, Somalia, she Whereas, on October 29, 2008, the Philadel- to— was accused of adultery and ordered to be phia Phillies defeated the Tampa Bay Rays (A) Phillies manager Charlie Manuel; stoned; to win the 2008 World Series; (B) Phillies general manager Ruben Whereas, in October 2008, Aisha Ibrahim Whereas the 4 to 3 Phillies victory in Game Amaro, Jr.; Duhulow was stoned to death by 50 militant 5 of the Fall Classic secured for Philadelphia (E) Phillies advisor Pat Gillick.

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.051 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10753 SENATE RESOLUTION 713—CALL- tween January and July of 2008, as well as (C) to break any ties that still exist be- ING ON ALL PARTIES TO THE 2,000 cases of rape and hundreds of people tween them and illegal armed groups in east- ESCALATING VIOLENCE IN EAST- killed; ern Congo; ERN DEMOCRATIC REPUBLIC OF Whereas hate speech inciting ethnic vio- (5) calls on all governments in the Great lence by local and national leaders in Congo Lakes region of Africa and those of the CONGO TO IMPLEMENT AN IM- continued during this period, feeding the Southern African Development Community MEDIATE CEASEFIRE AND WORK concerns and perceived insecurity of minor- to support a peaceful resolution to the crisis WITH THE SUPPORT OF THE ity Tutsi communities; while ensuring that the volatile situation INTERNATIONAL COMMUNITY Whereas, since August 28, 2008, fighting has does not spark a wider regional war; TOWARD A COMPREHENSIVE resumed in North Kivu Province between the (6) supports the efforts of the United Na- AND LASTING SOLUTION TO THE national military and the forces of General tions Secretary-General, his newly appointed CRISIS Laurent Nkunda, known as the National United Nations Special Envoy, former Presi- Congress for the Defense of the People, the dent of Nigeria Olusegun Obasanjo, and the Mr. FEINGOLD (for himself, Mr. latter of which has taken control of several international facilitation team to bring all BROWNBACK, Mr. LEAHY, Mr. HARKIN, government military bases and major towns parties to the negotiating table and establish Mr. DURBIN, Mr. KERRY, Mr. DODD, Ms. around the city of Goma; a clear roadmap to implement the signed SNOWE, Mr. LIEBERMAN, Mr. MENENDEZ, Whereas, according to Human Rights peace agreements; Mr. ISAKSON, Ms. KLOBUCHAR, Mrs. Watch, an estimated 250,000 people have been (7) encourages the international commu- BOXER, Mr. WYDEN, Mr. BOND, Mr. forced to flee their homes as a result of this nity to take immediate measures to enhance renewed fighting in eastern Congo, often COLEMAN, Mr. LAUTENBERG, and Mr. the effectiveness of the United Nations Mis- without access to shelter, water, food, and sion in Congo to protect civilians, specifi- NELSON of Florida) submitted the fol- medicine, and adding to the over 1,000,000 lowing resolution; which was consid- cally through increased troops and addi- people already displaced from North and tional capabilities as requested by the Sec- ered and agreed to: South Kivu; retary-General; S. RES. 713 Whereas the United Nations Mission in (8) urges the President to sustain high- Whereas the Democratic Republic of Congo Congo, known by its French acronym level diplomatic engagement together with was devastated by civil wars lasting from MONUC, has proven unable to protect civil- the African Union, the European Union, and 1996 to 1997 and 1998 to 2003, spawning some ians in light of this new offensive by General the United Nations to avert a wider regional of the world’s worst human rights violations Nkunda’s forces, causing resentment and war and revive a comprehensive peace proc- and involving at least 6 neighboring coun- protests by local communities; ess in eastern Congo; tries; Whereas allegations of troops from Angola, (9) urges the United States and the inter- Whereas, despite the signing of a peace Rwanda, and Zimbabwe crossing into eastern national community to develop and support agreement and subsequent withdrawal of for- Congo have strained existing regional ten- monitoring and verification mechanisms eign forces in 2003, eastern Congo has contin- sions and increased fears of a wider war that that can hold the parties in Congo account- ued to suffer from high levels of poverty, in- could draw other countries from the region able to the signed peace agreements, inves- into the fighting, as happened in 1998; security, and absent or inadequate institu- tigate alleged ceasefire violations, and ulti- Whereas the United Nations’ Special Rep- tions, allowing armed and criminal groups to mately challenge the continued culture of resentative of the Secretary-General for the operate freely; impunity in Congo; and Democratic Republic of Congo, Alan Doss, Whereas continuing abuses committed by (10) urges the President and the inter- and United Nations Secretary-General Ban the national military against civilians in national community to adopt measures to Ki-moon have called for more troops and bet- Congo and apparent ties between the mili- help the regional governments to identify ter capabilities for MONUC to stop the rebel tary and armed groups in the region have and ultimately address the factors under- offensive and protect civilians; tainted attempts to restore the rule of law in lying the conflict in eastern Congo, espe- Whereas United Nations Secretary-General the eastern region of the country; cially weak governance and the exploitation Ban Ki-moon traveled to Nairobi, Kenya, on Whereas, according to a study by the Inter- of the region’s lucrative minerals. national Rescue Committee released in Jan- November 7, 2008, and convened a summit of uary 2008, the conflict and related humani- regional leaders, including the heads of state f tarian crises in the Democratic Republic of of the Democratic Republic of Congo and Congo have taken the lives of an estimated Rwanda, which led to a joint statement call- SENATE RESOLUTION 714—HON- 5,400,000 people since 1998 and continue to ing for an immediate ceasefire and the cre- ORING THE FIREFIGHTERS AND cause as many as 45,000 deaths each month; ation of humanitarian corridors; and EMERGENCY WORKERS WHO Whereas sexual violence and rape remain a Whereas, in 2006, Congress passed the COURAGEOUSLY FOUGHT FIRES pervasive tool of warfare used by all parties Democratic Republic of the Congo Relief, Se- IN CALIFORNIA IN 2008 in eastern Congo to terrorize communities, curity, and Democracy Promotion Act of affecting hundreds of thousands of women 2006, which was signed into law by President Mrs. BOXER (for herself and Mrs. and girls and frequently resulting in trau- George W. Bush on December 22, 2006 (Public FEINSTEIN) submitted the following res- matic fistula and other severe genital inju- Law 109–456), stating that it is the policy of olution; which was considered and ries; the United States to work for peace and se- agreed to: Whereas the continued plunder and trade curity throughout the Democratic Republic S. RES. 714 of eastern Congo’s rich mineral base, notably of Congo by supporting efforts to protect ci- cassiterite, coltan, and gold, by armed vilians, to disarm illegal armed groups, and Whereas, in 2008, there have been more groups and members of the national military to hold accountable individuals, entities, and than 10,000 wildfires in California started by make war profitable and undermine peace ef- countries working to destabilize the country: natural causes and human activity; forts; Now, therefore, be it Whereas more than 1,440,000 acres of Fed- Whereas the Governments of the Demo- Resolved, That the Senate— eral, State, and local land in California cratic Republic of Congo and Rwanda signed (1) condemns the continuing violence, forc- burned in 2008; the Nairobi Communique´ in November 2007, ible recruitment of children as soldiers, and Whereas, in June 2008, fires started by committing to work together to address the abuses against civilians in eastern Demo- lightning strikes burned approximately continued activity of the Democratic Forces cratic Republic of Congo; 1,200,000 acres of Federal, State, and local for the Liberation of Rwanda and other (2) calls on the national military in Congo, land in California, making the June fires the armed groups operating in their shared bor- the National Congress for the Defense of the largest single wildfire event in California’s der region; People, and all armed groups operating in recorded history; Whereas, on January 23, 2008, with the ac- eastern Congo to cease hostilities, end all Whereas 41 counties across California were tive support of the international community, human rights abuses, and respect an imme- impacted by wildfires in 2008; the Government of the Democratic Republic diate ceasefire based on the principles of the Whereas more than 1,400 homes were de- of Congo, and 22 armed groups in the eastern Goma agreement; stroyed by fires in California in 2008; region signed the Goma accord, committing (3) calls on the Government of the Demo- Whereas State and local firefighters have to an immediate ceasefire and buffer zones cratic Republic of Congo to meet its obliga- been called to duty for increasingly long fire for troop disengagement and ultimately dis- tions under the Lusaka Agreement of 1999, seasons, working on the front lines of these armament; the Pretoria Agreement of 2002, and the fires for weeks; Whereas these agreements together pro- Nairobi Communique´ of 2007 to take action Whereas firefighters have risked their lives vided the first working framework in years to end the threat posed by the Democratic and endured great hardship to protect lives, for peace and lasting stability in eastern Forces for the Liberation of Rwanda; property, and the environment in California; Congo, but a continued culture of impunity (4) calls on the Governments of the Demo- Whereas many firefighters were injured and suspicion has impeded their implementa- cratic Republic of Congo and Rwanda— and 14 firefighters tragically lost their lives tion; (A) to fully restore bilateral relations; in California in 2008; Whereas the United Nations reported more (B) to work together to mitigate escalating Whereas 25,000 firefighters and emergency than 200 violations of these agreements be- tensions in the region; and response personnel from California, 41 other

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.107 S20NOPT1 jbell on PROD1PC69 with SENATE S10754 CONGRESSIONAL RECORD — SENATE November 20, 2008 States, and other nations worked side-by- National Football League franchises and uni- his humble service and exemplary patriotism side to fight the wildfires; versities to promote discipline, learning, and to our Nation through this project; and Whereas members of the National Guard positive values; Whereas Wreaths Across America will con- from California and other States provided es- Whereas the Youth Impact Program is a tinue this proud legacy on December 13, 2008: sential support to the firefighting effort; and community-based program that has proven Now, therefore, be it Whereas the people of California and the its value over the past 2 years in raising the United States recognize the steadfast dedica- outlook and aspirations of at-risk young Resolved, That the Senate— tion of the firefighters throughout the ongo- men and has provided at-risk young men (1) designates December 13, 2008, as ing fire suppression and subsequent repair greater exposure to academics, core values, ‘‘Wreaths Across America Day’’; and rebuilding efforts: Now, therefore, be it and life skills; (2) honors Wreaths Across America, the Resolved, That the Senate— Whereas the Youth Impact Program pro- Worcester Wreath Company, Morrill Worces- (1) commends the firefighters and emer- vides year-round mentoring to its partici- ter, the Patriot Guard Riders, and all other gency workers from California, 41 other pants, a proven formula for building success; companies and individuals involved in this States, and other nations for their coura- Whereas the National Football League, the worthy legacy; and geous actions and sacrifices in fighting National Football League Players Associa- (3) recognizes the sacrifices our veterans wildfires in California; tion, the University of Southern California, and service members and their families have (2) supports the continued work of fire- and Tulane University have provided critical made, and continue to make, for our great fighters to protect National Forest System support to the Youth Impact Program; Nation. land, other public lands, and private prop- Whereas the Youth Impact Program will be erty from further damage; expanded to 3 additional cities in partnership f (3) praises the people of California for their with local National Football League fran- great courage in the face of the fires; and chises and universities; (4) extends heartfelt sympathy to the peo- Whereas the Youth Impact Program seeks SENATE RESOLUTION 718—DESIG- ple who have lost loved ones, homes, and to establish a presence in each city with a NATING NOVEMBER 30, 2008, AS businesses in the wildfires. local National Football League franchise; ‘‘DRIVE SAFER SUNDAY’’ f and Whereas under the vision and leadership of Ms. CHAMBLISS (for himself, Mrs. SENATE RESOLUTION 715—EX- Mr. Riki Ellison, the founder of the Youth LINCOLN, and Mr. ISAKSON) submitted TENDING THE AUTHORITY FOR Impact Program, a 10-year veteran of the Na- the following resolution; which was re- THE SENATE NATIONAL SECU- tional Football League, a 3-time Super Bowl RITY WORKING GROUP champion, and a University of Southern ferred to the Comittee on the Judici- California alumnus, the Youth Impact Pro- ary: Mr. REID submitted the following gram has expanded from a regional program resolution; which was considered and to a program with a growing national pres- S. RES. 718 agreed to: ence: Now, therefore, be it Whereas motor vehicle travel is the pri- Resolved, That the Senate— S. RES. 715 mary means of transportation in the United (1) congratulates Mr. Riki Ellison for his States; Resolved, That Senate Resolution 105 of the leadership and vision in founding the Youth One Hundred First Congress, 1st session Whereas everyone driving on the roads and Impact Program; highways needs to do so more safely to re- (agreed to on April 13, 1989), as amended by (2) recognizes the ongoing and significant duce deaths and injuries resulting from Senate Resolution 149 of the One Hundred contributions of the National Football motor vehicle accidents; Third Congress, 1st session (agreed to on Oc- League, the University of Southern Cali- Whereas, according to the National High- tober 5, 1993), as further amended by Senate fornia, and Tulane University to the Youth Resolution 75 of the One Hundred Sixth Con- Impact Program; and way Traffic Safety Administration, wearing gress, 1st session (agreed to on March 25, (3) encourages the expansion of the Youth a seat belt saved 15,434 lives in 2004, 15,632 1999), as further amended by Senate Resolu- Impact Program to inner cities across the lives in 2005, and 15,383 lives in 2006; tion 383 of the One Hundred Sixth Congress, United States. Whereas Secretary of Transportation Mary 2d session (agreed to on October 27, 2000), as Peters has urged all people of the United f further amended by Senate Resolution 355 of States to understand the life-saving impor- the One Hundred Seventh Congress, 2d ses- SENATE RESOLUTION 717—DESIG- tance of wearing a seat belt and has encour- sion (agreed to on November 13, 2002), as fur- NATING DECEMBER 13, 2008, AS aged motorists to drive safely, not just dur- ther amended by Senate Resolution 480 of ‘‘WREATHS ACROSS AMERICA ing the holiday season, but each time they the One Hundred Eighth Congress, 2d session DAY’’ get behind the wheel; and (agreed to November 20, 2004), and as further Ms. COLLINS (for herself and Ms. Whereas the Sunday after Thanksgiving is amended by Senate Resolution 625 of the One the busiest highway traffic day of the year: Hundred Ninth Congress, 2d Session (agreed SNOWE) submitted the following resolu- Now, therefore, be it to on December 6, 2006), is further amended tion; which was referred to the in section 4 by striking ‘‘2008’’ and inserting Comittee on the Judiciary: Resolved, That the Senate— ‘‘2010’’. (1) encourages— S. RES. 717 f (A) high schools, colleges, universities, ad- Whereas, more than 15 years ago, the ministrators, teachers, primary schools, and Worcester Wreath Company, a for-profit SENATE RESOLUTION 716—AC- secondary schools to launch campus-wide business in Harrington, Maine, began a tradi- KNOWLEDGING THE ACCOM- educational campaigns to urge students to tion of donating, transporting, and over- drive safely; PLISHMENTS AND GOALS OF seeing the placement of Maine balsam fir THE YOUTH IMPACT PROGRAM holiday wreaths on the graves of the fallen (B) national trucking firms to alert truck drivers to focus on driving safely on the Sun- Mr. VITTER submitted the following heroes at Arlington National Cemetery each December; day after Thanksgiving, and to publicize the resolution; which was referred to the importance of the day using Citizen’s Band Committee on the Judiciary: Whereas, since the Worcester Wreath Com- pany began that tradition, through the hard (‘‘CB’’) radios and truck stops across the S. RES. 716 work and generosity of the people involved United States; Whereas many at-risk young men in the in the Wreaths Across America project, hun- (C) clergy to remind members to travel inner cities of the United States face a chal- dreds of thousands of wreaths have been sent safely en route to religious services and lenging and uncertain future; to more than 200 national cemeteries and gatherings; Whereas the future success of at-risk veterans’ memorials in all 50 states; (D) law enforcement personnel to remind young men can be greatly enhanced through Whereas, in December 2008, the Patriot drivers and passengers to drive safely on the sustained mentorship; Guard Riders, a motorcycle and motor vehi- Sunday after Thanksgiving; and Whereas effective working partnerships be- cle group dedicated to patriotic events, with (E) all people of the United States to use tween and within the public and private sec- more than 65,000 members nationally, will the Sunday after Thanksgiving as an oppor- tors can have a lasting and positive impact continue their tradition of escorting a trac- tunity to educate themselves about highway on the future of at-risk young men; tor-trailer full of donated wreaths from Har- safety; and Whereas participation in organized sports rington, Maine to Arlington National Ceme- (2) designates November 30, 2008, as ‘‘Drive has provided a creative and disciplined out- tery; Safer Sunday’’. let and a path to a better life for many at- Whereas hundreds of volunteers participate risk young men; in the escort each December; Whereas the Youth Impact Program com- Whereas Morrill Worcester, President of bines the disciplines of football, mentoring, Worcester Wreath Company, has been nomi- and academics in partnerships between local nated for, and received, several awards for

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.077 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10755 SENATE RESOLUTION 719—RECOG- World War II, using indigenous languages as ate in February of this year with a NIZING NATIONAL AMERICAN IN- an unbreakable military code, saving count- margin of 83–10. As Chairman of the DIAN AND ALASKA NATIVE HER- less American lives; Committee on Indian Affairs, this leg- ITAGE MONTH AND CELE- Whereas American Indians and Alaska Na- islation has been the priority for the tives are deeply rooted in tradition and cul- BRATING THE HERITAGE AND ture, which drives their strength of commu- Committee in the 110th Congress. The CULTURE OF AMERICAN INDIANS nity; and Indian health care act was last author- AND ALASKA NATIVES AND THE Whereas American Indians and Alaska Na- ized in 1992, and this bill would help CONTRIBUTIONS OF AMERICAN tives of all ages celebrate the great achieve- bring Indian health care into to 21st INDIANS AND ALASKA NATIVES ments of their ancestors and heroes and con- century. I am proud to report that we TO THE UNITED STATES tinue to share their stories with future gen- were able to pass this legislation out of erations: Now, therefore, be it the Senate for the first time in almost Mr. DORGAN (for himself, Ms. MUR- Resolved, That the Senate— KOWSKI, Mrs. BOXER, Mrs. CLINTON, Mr. (1) recognizes the celebration of National a decade. A number of Senators were SCHUMER, Mr. SALAZAR, Mr. FEINGOLD, American Indian and Alaska Native Heritage instrumental moving this legislation Mr. TESTER, Mr. DOMENICI, Mr. MCCAIN, Month during the month of November 2008; forward in the Senate. Unfortunately, Mr. WYDEN, Mr. BAUCUS, Ms. CANT- (2) honors the heritage and culture of our work was not completed. The WELL, Mr. NELSON of Nebraska, Mrs. American Indians and Alaska Natives and House was unable to pass the legisla- the contributions of American Indians and FEINSTEIN, Mr. BAYH, Mr. THUNE, Mr. tion and it remains unauthorized as Alaska Natives to the United States; and BINGAMAN, Mr. CONRAD, and Mr. JOHN- the health care needs of Native Ameri- (3) urges the people of the United States to cans remain sorely under-funded and SON) submitted the following resolu- observe National American Indian and Alas- tion; which was referred to the Com- ka Native Heritage Month with appropriate services remain outdated. Indian mittee on Indian Affairs: programs and activities. health care will continue to remain a S. RES. 719 Mr. DORGAN. Mr. President, on Oc- priority for the committee and every Whereas from November 1, 2008, through tober 30, 2008, President Bush issued a effort will be made to reauthorize this November 30, 2008, the United States cele- proclamation designating November legislation as soon as possible. brates National American Indian and Alaska 2008 as National American Indian and In addition to the Indian Health Care Native Heritage Month; Alaska Native Heritage Month. The Improvement Act, the Senate approved Whereas American Indians and Alaska Na- President follows a tradition of Presi- a $1 billion authorization for additional tives are descendants of the original, indige- dents since 1990 of issuing proclama- funding for the Indian Health Service nous inhabitants of what is now the United as a part of the Senate Budget Resolu- States; tions making November the month for recognizing the significant contribu- tion. Congress also passed a $250 mil- Whereas, in 2000, the United States Census lion authorization for Indian health Bureau reported that there were more than tions of tribal governments and indi- 4,000,000 people in the United States of Amer- vidual Native Americans to our Na- care through an amendment to the ican Indian and Alaska Native descent; tion’s history and development. Tom Lantos and Henry J. Hyde United Whereas, on December 2, 1989, the Com- Congress also has traditionally rec- States Global Leadership Against HIV/ mittee on Indian Affairs of the Senate held a ognized the contributions of Native AIDS, Tuberculosis, and Malaria Reau- hearing exploring the contributions of the Ir- Americans to the United States in the thorization Act of 2008. oquois Confederacy, and its influence on the form of resolutions, findings, coins and In September of this year, Congress Founding Fathers in the drafting of the Con- medals. The resolution, which I am succeeded in enacting the Native stitution of the United States with the con- American Housing and Self-Determina- cepts of freedom of speech, the separation of sending to the desk to ask for its im- governmental powers, and checks and bal- mediate consideration, continues in tion Assistance Reauthorization Act of ances among the branches of government; that tradition. 2008. This bill makes long needed im- Whereas the Senate has reaffirmed that a This resolution recognizes some of provements to Native housing pro- major national goal of the United States is the many contributions that Native grams, and authorizes the flexible use to provide the resources, processes, and Americans have made to help build our of funding to strengthen Native com- structure that will enable Indian Tribes and great Nation as well as the continued munities through economic and com- tribal members to obtain the quantity and contributions of Native Americans to munity development. quality of health care services and opportu- the growth of the United States. From While health care and housing are nities that will eliminate the health dispari- critically important to Indian Country ties between American Indians and the gen- contributions to the United States and eral population of the United States; the world in the fields of agriculture, and represent significant steps forward Whereas Congress recently reaffirmed its medicine, music, language, and art to in fulfilling the trust obligation be- trust responsibility to improve the housing influencing the founding documents of tween Congress and the First Ameri- conditions and socioeconomic status of our Federal Government to the use of cans, it is important to acknowledge American Indians and Alaska Natives by native languages to develop an un- several other achievements in the 110th providing affordable homes in a safe and breakable military code that helped de- Congress. healthy environment; feat the Axis powers in World War II, Congress passed into law the Code Whereas, throughout its course of dealing Indian Tribes and individual Native Talkers Recognition Act of 2008 which with Indian Tribes, the United States Gov- provides well-deserved Congressional ernment has engaged in a government-to- Americans have shaped our Nation’s government relationship with Tribes; history in remarkable ways. gold medals to each tribe that had Whereas the United States Government Through this resolution, we celebrate members who were Code Talkers in any owes a trust obligation to Tribes, acknowl- these and many other contributions of foreign conflict. Each next of kin to edged in treaties, statutes, and decisions of tribal governments and Native Ameri- the valiant Code Talker who served the Supreme Court, to protect the interests cans during the month of November. I their country will receive a silver du- and welfare of tribal governments and their urge all citizens, and local, State, trib- plicate. members; al and Federal Governments and agen- The Higher Education Reauthoriza- Whereas American Indians and Alaska Na- tion Act was passed into law, which re- tives have consistently served with honor cies to take time this month to learn and distinction in the Armed Forces of the more about the many facets of Native authorized the Tribally Controlled Col- United States, some as early as the Revolu- American history, traditions, and their leges and Universities Assistance Act, tionary War, and continue to serve in the important contributions to the forma- increasing the amount of money per Armed Forces in greater numbers per capita tion of the United States. student in tribal colleges and univer- than any other group in the United States; This year, the United States Senate sities. A study has been requested of Whereas American Indians and Alaska Na- and the Congress as a whole acted on the General Accountability Office tives speak and preserve indigenous lan- two important pieces of legislation which will allow for an evaluation of guages and have contributed hundreds of that seek to meet our Nation’s legal, public schools on Indian lands to assist words to the English language, including the names of people and locations in the United treaty and trust obligations to pro- Congress in meeting its obligations to States; mote health care and housing for the Indian education. Whereas Congress has recognized Native residents of Indian Country. Congress also passed the Fostering American code talkers who served with S. 1200, the Indian Health Care Im- Connections to Success and Increasing honor and distinction in World War I and provement Act of 2008, passed the Sen- Adoptions Act allowing Tribes for the

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.078 S20NOPT1 jbell on PROD1PC69 with SENATE S10756 CONGRESSIONAL RECORD — SENATE November 20, 2008 first time to directly administer foster years and pancreatic cancer research is still Resolved by the Senate (the House of Rep- care and adoption programs offered by in the earliest scientific stages; resentatives concurring), That Congress— the Federal government, allowing Whereas there are no early detection meth- (1) commends the Embassy of Switzerland tribes to continue strengthening their ods and minimal treatment options for pan- in Tehran and the Government of Switzer- creatic cancer; land for the ongoing assistance to the United communities by ensuring safe and car- Whereas when symptoms of pancreatic States Government and to the family of Rob- ing homes for their Native children. cancer present themselves, it is generally ert Levinson, particularly during the visit by Congress passed the Native American too late for an optimistic prognosis, and the Christine Levinson and other relatives to $1 Coin Act, which recognizes the con- average survival rate of those diagnosed with Iran in December 2007; tributions of Native Americans to the metastasis of the disease is only 3 to 6 (2) expresses appreciation for efforts by development of the United States months; Iranian officials to ensure the safety of the through an annually changing image Whereas the incidence rate of pancreatic family of Robert Levinson during their De- cancer is 40 to 50 percent higher in African on the reverse of the Sakakawea $1 cember 2007 visit to Iran, as well as for the Americans than in other ethnic groups; and promise of continued assistance; coin that is now in circulation. Whereas it would be appropriate to observe (3) urges the Government of Iran, as a hu- Congress also passed into law a joint November as Pancreatic Cancer Awareness manitarian gesture, to intensify its coopera- resolution designating November 28, Month to educate communities across the tion on the case of Robert Levinson with the 2008 as Native American Heritage Day, Nation about pancreatic cancer and the need Embassy of Switzerland in Tehran and to honoring the contributions and for research funding, early detection meth- share the results of its investigation into the achievements of our First Americans. ods, effective treatments, and treatment pro- disappearance of Robert Levinson with the The Treaty of Fort Laramie and grams: Now, therefore, be it Federal Bureau of Investigation; Resolved, That the Senate supports the (4) urges the President and the allies of the other treaties acknowledged the spe- goals and ideals of Pancreatic Cancer Aware- cific obligations that the United States United States to engage with officials of the ness Month. Government of Iran to raise the case of Rob- owes to the Tribes located in my State f ert Levinson at every opportunity, notwith- of North Dakota. Much has been done SENATE CONCURRENT RESOLU- standing other serious disagreements the this Congress to begin to fulfill this United States Government has had with the legal responsibility and the more gen- TION 106—COMMENDING THE Government of Iran on a broad array of eral trust responsibility that Congress GOVERNMENT OF SWITZERLAND issues, including human rights, the nuclear owes to all Indian Tribes. FOR ONGOING ASSISTANCE IN program of Iran, the Middle East peace proc- However, as is evident with Congress’ THE CASE OF ROBERT ess, regional stability, and international ter- failure to pass the Indian Health Care LEVINSON, URING THE GOVERN- rorism; and Improvement Act of 2008, much still re- MENT OF THE ISLAMIC REPUB- (5) expresses sympathy to the family of Robert Levinson during this trying period. mains to be done. The resolution before LIC OF IRAN TO INTENSIFY CO- the Senate today would simply honor OPERATION WITH THE GOVERN- Mr. NELSON of Florida. Mr. Presi- the hard work, traditions, culture, and MENT OF SWITZERLAND AND dent, I am introducing a resolution in the Senate that touches on one of the contribution of the First Americans. THE FEDERAL BUREAU OF IN- I ask that this resolution be adopted VESTIGATION ON THE CASE OF tragic cases of a Floridian, Bob quickly and that it act as an encour- ROBERT LEVINSON, AND EX- Levinson, who has been missing in Iran agement to all people of the United PRESSING SYMPATHY TO THE since he visited Kish Island off the coast of Iran in the Persian Gulf in States to observe the month of Novem- FAMILY OF ROBERT LEVINSON early 2007. I have spoken on this issue ber as National American Indian and Mr. NELSON of Florida submitted ad infinitum before to call the atten- Alaska Native Heritage Month. the following concurrent resolution; tion of the Congress to the plight of which was referred to the Committee f Mr. Levinson as well as to the difficul- on Foreign Relations: SENATE RESOLUTION 720—SUP- ties that are faced by his wife Christine S. CON. RES. 106 PORTING THE GOALS AND and their seven children. IDEALS OF PANCREATIC CANCER Whereas United States citizen Robert Bob Levinson, a businessman and a Levinson is a retired agent of the Federal former FBI agent, vanished after AWARENESS MONTH Bureau of Investigation, a resident of Flor- checking out of his hotel on the resort Mrs. CLINTON (for herself, Mr. ida, the husband of Christine Levinson, and island of Kish on March 9, 2007. It is no CASEY, and Mr. SPECTER) submitted the father of their 7 children; doubt the wish of everyone who knows following resolution, which was re- Whereas Robert Levinson traveled from this man that Bob Levinson be re- ferred to the Committee on Health, Dubai to Kish Island, Iran, on March 8, 2007; Whereas, after traveling to Kish Island and united with his loved ones. It has been Education, Labor, and Pensions: checking into the Hotel Maryam, he dis- very difficult to get information out of S. RES. 720 appeared on March 9, 2007; the Government of Iran. The State De- Whereas approximately 37,680 people will Whereas neither his family nor the United partment has delivered a number of re- be diagnosed with pancreatic cancer this States Government has received further in- quests for information and cooperation year in the United States; formation on his fate or whereabouts; Whereas pancreatic cancer is the 4th most Whereas March 9, 2009, marks the second to the Iranian Government through our common cause of cancer death in the United anniversary of the disappearance of Robert diplomatic intermediary, which is the States; Levinson; Government of Switzerland. Unfortu- Whereas Randolph (‘‘Randy’’) Frederick Whereas the Government of Switzerland, nately, Iran continues to claim it has Pausch, who was diagnosed with pancreatic which has served as Protecting Power for the no information on the fate of Bob cancer in 2006, delivered his ‘‘Last Lecture’’ United States in the Islamic Republic of Iran Levinson. on September 18, 2007, which gave a voice to in the absence of diplomatic relations be- Mrs. Levinson and her eldest son, victims of pancreatic cancer, and inspired tween the United States Government and the Daniel, and her sister, Ms. Halpin, people to live life to the fullest; Government of Iran since 1980, has continu- traveled to Tehran and Kish Island in Whereas the lecture by and advocacy of ously pressed the Government of Iran on the December of last year in the hopes of Randy Pausch have brought, and will con- case of Robert Levinson and lent vital assist- tinue to bring, renewed advocacy and com- ance and support to the Levinson family dur- finding information about Bob mitment to the field of pancreatic cancer re- ing their December 2007 visit to Iran; Levinson’s disappearance. The Iranian search and treatment; Whereas officials of the Government of authorities, to their credit, extended Whereas the lecture by and advocacy of Iran promised their continued assistance to courtesies to her and they promised Randy Pausch have touched countless people the relatives of Robert Levinson during the her at the time they would help in the throughout the United States and the world visit of the family to the Islamic Republic of case, but those promises have not been and encouraged them to change their lives Iran in December 2007; and fulfilled. for the better; Whereas the President of the Islamic Re- This resolution I am introducing Whereas 75 percent of pancreatic cancer public of Iran, Mahmoud Ahmadinejad, stat- urges Iranian officials to fulfill their patients die within the first year of their di- ed during an interview with NBC News agnosis and only 5 percent survive more than broadcast on July 28, 2008, that officials of promises of assistance to the 5 years, making pancreatic cancer the dead- the Government of Iran were willing to co- Levinsons. It calls for Iranian inves- liest of any cancer; operate with the Federal Bureau of Inves- tigators to meet with the FBI to dis- Whereas there has been no significant im- tigation in the search for Robert Levinson: cuss the Levinson case. It calls for the provement in survival rates in the last 30 Now, therefore, be it U.S. Government and our allies to

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.079 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10757 press Iran on this case at every oppor- many of our allies already have raised At the appropriate place, insert the fol- tunity and at every level—something I Mr. Levinson’s case on our behalf, and lowing: think the U.S. Government is begin- I wish to encourage them to continue SEC. lll. TEMPORARY EXTENSION OF LOAN ning to do. Also, this resolution thanks to do so. This Senator has done it as LIMIT INCREASE. (a) FANNIE MAE AND FREDDIE MAC.—Sec- the Swiss for their continued assist- well, both publicly and privately, and I tion 201(a) of the Economic Stimulus Act of ance in the case. It furthermore ex- will continue to do so. 2008 (Public Law 110–185, 122 Stat. 619) is presses appreciation for the efforts of The resolution I have filed addition- amended by striking ‘‘December 31, 2008’’ and Iranian officials who have ensured the ally commends the Swiss for their on- inserting ‘‘December 31, 2009’’. safety of the family during their visit going assistance to the U.S. Govern- (b) FHA LOANS.—Section 202(a) of the Eco- of December of last year. This resolu- ment and to the family of the nomic Stimulus Act of 2008 (Public Law 110- 185, 122 Stat. 620) is amended by striking tion also expresses sympathy to the Levinsons. The assistance of the Swiss ‘‘December 31, 2008’’ and inserting ‘‘Decem- Levinson family during this trying pe- Ambassador and his staff at the Amer- ber 31, 2009’’. riod. This is a wife and seven children ican Interests Section in Tehran was of a missing former FBI agent in the essential during Mrs. Levinson’s visits SA 5697. Mr. DODD (for himself and country of Iran, missing now since the in the past, and will be, I think, to her Mr. MARTINEZ) submitted an amend- early part of 2007. visits in the future. ment intended to be proposed by him In this year, on July 28, the President I wish to express—the word ‘‘sym- to the bill H.R. 6867, to provide for ad- of Iran stated during an interview with pathy’’ does not conjure up what I am ditional emergency unemployment NBC that Iranian officials were willing trying to express to Christine Levinson compensation; which was ordered to lie to cooperate with the FBI on this case. and to her family. No one should have on the table; as follows: Why is the FBI involved? The FBI is in- to experience what they have been At the appropriate place, insert the fol- volved because he is a former FBI through. I have met with her on a num- lowing: agent. This resolution calls upon the ber of occasions. She is a loving moth- SEC. ll. MANDATORY LOAN GUARANTEES AND Tehran government to make this meet- er. She is clearly an eloquent advocate. CREDIT ENHANCEMENT EFFORTS. ing happen as soon as possible to dis- Section 109(a) of the Emergency Economic She is a tough fighter on behalf of her Stabilization Act of 2008 (division A of Public cuss the evidence the Iranians have un- husband. She is relentless. She is not Law 110-343) is amended— covered about Mr. Levinson’s dis- going to give up, nor should she. I deem (1) by striking the last sentence; appearance. it a great privilege that I may in some (2) by striking ‘‘To the extent’’ and insert- Now, I wish to underscore that be- little way try to assist her and her ing the following: cause on July 28 of this year the Presi- family. ‘‘(1) IN GENERAL.—To the extent’’; and dent of Iran stated in an NBC interview I want to bring more of our col- (3) by adding at the end the following: that Iranian officials were willing to leagues into this issue of trying to find ‘‘(2) LOAN GUARANTEES AND CREDIT EN- HANCEMENTS REQUIRED.— cooperate with the FBI on this case. Bob Levinson in Iran and get the They have not. ‘‘(A) IN GENERAL.—In addition to actions world’s attention focused on this miss- required under paragraph (1), the Secretary I wish to be blunt. We obviously have ing American. I am going to ask Mrs. shall, not later than 15 days after the date of serious disagreements with Iran on its Levinson to come back in January enactment of this paragraph, designate the nuclear program and a whole range of when we reconvene, and I want some of Corporation, on a reimbursable basis, to de- other issues. I haven’t hesitated over our colleagues to meet her. sign and carry out a plan to use loan guaran- the years, as a member of the Senate Remember, Senators, that as rep- tees or credit enhancements to facilitate Armed Services Committee, the Senate resentatives of the American people, loan modifications to prevent avoidable fore- closures. Intelligence Committee, and the Sen- that means we have to help individual ate Foreign Relations Committee, to ‘‘(B) AGGREGATE AMOUNTS.—The Secretary American citizens in distress. This is shall make and fund guarantees and credit express my opposition to a number of clearly a family who is in distress. We enhancements developed under this para- Tehran’s policies—and I will continue cannot—and I believe I can speak for graph in amounts of— to press for change in Iran’s positions the Senate—we are not going to forget ‘‘(i) $10,000,000,000 in aggregate estimated and activities—but I am calling on the Bob Levinson and his family. subsidy costs, and amounts specified under Government of Iran out of human com- paragraph (2) of section 115(a) shall be re- f passion and humanitarian assistance to duced by the subsidy cost of any guarantees a family of a wife and seven children to AMENDMENTS SUBMITTED AND or credit enhancements funded by the Sec- come forth and cooperate in trying to PROPOSED retary under this clause; and ‘‘(ii) an additional $15,000,000,000, in aggre- find and get evidence of the where- SA 5696. Mr. MARTINEZ submitted an gate estimated subsidy costs, and amounts abouts of Bob Levinson. amendment intended to be proposed by him specified under paragraph (3) of section 115(a) We want to see an Iran where individ- to the bill H.R. 6867, to provide for additional shall be reduced by the subsidy cost of any uals are respected, not locked up in emergency unemployment compensation; guarantees or credit enhancements funded Evin Prison—we want to see an Iran which was ordered to lie on the table. by the Secretary under this clause. that is respected—for signing a peti- SA 5697. Mr. DODD (for himself and Mr. ‘‘(C) CONTRACTING AUTHORITY.—In carrying tion calling for women’s rights. We MARTINEZ) submitted an amendment in- out this paragraph, the Corporation may use tended to be proposed by him to the bill H.R. want to see an Iran that champions the its contracting authority under section 9 of 6867, supra; which was ordered to lie on the the Federal Deposit Insurance Act.’’. Middle East peace process rather than table. supporting terrorist groups such as SA 5698. Mr. DORGAN (for Mr. ROCKE- SA 5698. Mr. DORGAN (for Mr. Hamas and Hezbollah. We want to see FELLER (for himself, Mrs. HUTCHISON, and Mr. ROCKEFELLER (for himself, Mrs. DORGAN)) proposed an amendment to the bill an Iran whose leaders do not make des- HUTCHISON, and Mr. DORGAN)) proposed picable threats to ‘‘wipe Israel off the S. 3663, to require the Federal Communica- tions Commission to provide for a short-term an amendment to the bill S. 3663, to re- map.’’ quire the Federal Communications We clearly have our differences with extension of the analog television broad- casting authority so that essential public Commission to provide for a short-term Iran, and those differences, especially safety announcements and digital television extension of the analog television under a new administration, can start transition information may be provided for a broadcasting authority so that essen- to be bridged with Iran stepping forth short time during the transition to digital tial public safety announcements and with discussions regarding the safe re- television broadcasting. digital television transition informa- turn of an American citizen whose fam- f tion may be provided for a short time ily desperately wishes to be reunited TEXT OF AMENDMENTS during the transition to digital tele- with him, that American citizen being vision broadcasting.; as follows: former FBI agent Bob Levinson. SA 5696. Mr. MARTINEZ submitted Strike out all after the enacting clause and So this resolution calls upon the U.S. an amendment intended to be proposed insert the following: Government and our friends and allies by him to the bill H.R. 6867, to provide SECTION 1. SHORT TITLE. to engage with Iranian officials to raise for additional emergency unemploy- This Act may be cited as the ‘‘Short-term Mr. Levinson’s case at every oppor- ment compensation; which was ordered Analog Flash and Emergency Readiness tunity and at every level. I understand to lie on the table; as follows: Act’’.

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.089 S20NOPT1 jbell on PROD1PC69 with SENATE S10758 CONGRESSIONAL RECORD — SENATE November 20, 2008 SEC. 2. COMMISSION ACTION REQUIRED. (2) information, in both English and Span- (3) not require the analog television serv- (a) PROGRAM REQUIRED.—Notwithstanding ish, and accessible to persons with disabil- ice signals broadcast under this Act to be re- any other provision of law, the Federal Com- ities, concerning— transmitted or otherwise carried pursuant to munications Commission shall, not later (A) the digital television transition, in- section 325(b), 338, 339, 340, 614, or 615 of the than January 15, 2009, develop and imple- cluding the fact that a transition has taken Communications Act of 1934 (47 U.S.C. 325(b), ment a program to encourage and permit, to place and that additional action is required 338, 339, 340, 614, or 615); the extent technically feasible and subject to to continue receiving television service, in- (4) take into consideration broadcasters’ such limitations as the Commission finds to cluding emergency notifications; and digital power levels and transition and co- be consistent with the public interest and (B) the steps required to enable viewers to ordination plans that already have been the requirements of this Act, the broad- receive such emergency information via the adopted with respect to cable systems and casting in the analog television service of digital television service and to convert to satellite carriers’ systems; only the public safety information and dig- receiving digital television service, including (5) prohibit any broadcast of analog tele- ital transition information specified in sub- a phone number and Internet address by vision service signals under section 2(b) on section (b) during the 30-day period begin- which help with such transition may be ob- any spectrum that is approved or pending ap- ning on the day after the date established by tained in both English and Spanish; and proval by the Commission to be used for pub- law under section 3002(b) of the Digital Tele- (3) such other information related to con- lic safety radio services, including television vision Transition and Public Safety Act of sumer education about the digital television channels 14-20; and 2005 for termination of all licenses for full- transition or public health and safety or (6) not include the analog spectrum be- power television stations in the analog tele- emergencies as the Commission may find to tween channels 52 and 69, inclusive (between vision service and the cessation of broad- be consistent with the public interest. frequencies 698 and 806 megahertz, inclusive) casting by full-power stations in the analog SEC. 3. LIMITATIONS. reclaimed from analog television broad- television service. In designing the program required by this casting pursuant to section 309(j) of the Com- (b) INFORMATION REQUIRED.—The program Act, the Commission shall— munications Act of 1934 (47 U.S.C. 309(j)). required by subsection (a) shall provide for (1) take into account market-by-market the broadcast of— needs, based upon factors such as channel SEC. 4. DEFINITIONS. (1) emergency information, including crit- and transmitter availability; As used in this Act, the term ‘‘emergency ical details regarding the emergency, as (2) ensure that broadcasting of the pro- information’’ has the meaning such term has broadcast or required to be broadcast by full- gram specified in section 2(b) will not cause under part 79 of the regulations of the Fed- power stations in the digital television serv- harmful interference with signals in the dig- eral Communications Commission (47 C.F.R. ice; hital television service; part 79). FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Stephanie Mercier: Switzerland ...... Franc ...... 2,975.00 ...... 2,975.00 United States ...... Dollar ...... 7,514.00 ...... 7,514.00 Hayden Milberg: Switzerland ...... Franc ...... 6,840.00 ...... 6,840.00 United States ...... Dollar ...... 7,519.63 ...... 7,519.63 Total ...... 9,815.00 ...... 15,033.63 ...... 24,848.63 SENATOR TOM HARKIN, Chairman, Committee on Agriculture, Nutrition and Forestry, Sept. 26, 2008.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008

Per diem Transportation Miscellaneous Total

Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Katherine Eltrich: China ...... Yuan ...... 290.00 ...... 290.00 Korea, North ...... Dollar ...... 1,284.00 ...... 1,284.00 Mongolia ...... Tugrik ...... 309.00 ...... 309.00 Korea, South ...... Won ...... 340.00 ...... 340.00 Japan ...... Yen ...... 860.00 ...... 860.00 United States ...... Dollar ...... 12,597.38 ...... 12,597.38 Paul Grove: China ...... Yuan ...... 290.00 ...... 290.00 Korea, North ...... Dollar ...... 1,284.00 ...... 1,284.00 Mongolia ...... Tugrik ...... 309.00 ...... 309.00 Korea, South ...... Won ...... 340.00 ...... 340.00 Japan ...... Yen ...... 860.00 ...... 860.00 United States ...... Dollar ...... 12,567.38 ...... 12,567.38 Michele Wymer: China ...... Yuan ...... 290.00 ...... 290.00 Korea, North ...... Dollar ...... 1,284.00 ...... 1,284.00 Mongolia ...... Tugrik ...... 309.00 ...... 309.00 Korea, South ...... Won ...... 340.00 ...... 340.00 United States ...... Dollar ...... 10,107.34 ...... 10,107.34 Senator Judd Gregg: United Kingdom ...... Pound ...... 5,561.60 ...... 5,561.60 Senator Richard Shelby: United Kingdom ...... Pound ...... 5,561.60 ...... 5,561.60 Brian Potts: United Kingdom ...... Pound ...... 5,561.60 ...... 5,561.60 Bruce Evans: United Kingdom ...... Pound ...... 5,561.60 ...... 5,561.60 Anne Caldwell: United Kingdom ...... Pound ...... 5,561.60 ...... 5,561.60

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 8634 E:\CR\FM\A20NO6.105 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10759 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Laura Friedel: United Kingdom ...... Pound ...... 5,561.60 ...... 5,561.60 Dr. John Eisold: United Kingdom ...... Pound ...... 5,561.60 ...... 5,561.60 Howard Sutton: Denmark ...... Krone ...... 1,524.00 ...... 1,524.00 Estonia ...... Kroon ...... 1,324.00 ...... 1,324.00 Poland ...... Zloty ...... 1,420.00 ...... 1,420.00 United States ...... Dollar ...... 8,497.77 ...... 8,497.77 Erin Corcoran: Denmark ...... Krone ...... 1,524.00 ...... 1,524.00 Estonia ...... Kroon ...... 1,324.00 ...... 1,324.00 Poland ...... Zloty ...... 1,420.00 ...... 1,420.00 United States ...... Dollar ...... 8,497.77 ...... 8,497.77 Colleen Gaydos: Denmark ...... Krone ...... 1,524.00 ...... 1,524.00 Estonia ...... Kroon ...... 1,324.00 ...... 1,324.00 Poland ...... Zloty ...... 1,420.00 ...... 1,420.00 United States ...... Dollar ...... 8,497.77 ...... 8,497.77 Arthur E. Cameron, Jr.: Denmark ...... Krone ...... 1,524.00 ...... 1,524.00 United States ...... Dollar ...... 6,711.63 ...... 6,711.63 Nikole M. Manatt: Peru ...... Dollar ...... 758.00 ...... 758.00 Ecuador ...... Dollar ...... 295.00 ...... 295.00 United States ...... Dollar ...... 3,281.00 ...... 3,281.00 Charles Houy: Czech Republic ...... Koruna ...... 789.78 ...... 789.78 Poland ...... Zloty ...... 580.67 ...... 580.67 Hungary ...... Forint ...... 468.06 ...... 468.06 United States ...... Dollar ...... 6,528.35 ...... 6,528.35 Elizabeth Schmid: Czech Republic ...... Koruna ...... 789.78 ...... 789.78 Poland ...... Zloty ...... 517.48 ...... 517.48 Hungary ...... Forint ...... 568.00 ...... 568.00 United States ...... Dollar ...... 6,528.35 ...... 6,528.35 Katherine M. Kaufer: Germany ...... Euro ...... 382.00 ...... 382.00 Kenya ...... Shilling ...... 1,604.00 ...... 1,604.00 United States ...... Dollar ...... 14,702.79 ...... 14,702.79 Sara Kathleen Hagan: Germany ...... Euro ...... 382.00 ...... 382.00 Kenya ...... Shilling ...... 1,604.00 ...... 1,604.00 Ethiopia ...... Dollar ...... 332.00 ...... 332.00 Djibouti ...... Franc ...... 286.00 ...... 286.00 United States ...... Dollar ...... 18,152.00 ...... 18,152.00 Erik K. Raven: Germany ...... Euro ...... 382.00 ...... 382.00 Kenya ...... Shilling ...... 1,604.00 ...... 1,604.00 Ethiopia ...... Dollar ...... 332.00 ...... 332.00 Djibouti ...... Franc ...... 286.00 ...... 286.00 United States ...... Dollar ...... 18,152.00 ...... 18,152.00 Sudip Parikh: Germany ...... Euro ...... 1,046.95 ...... 1,046.95 United States ...... Dollar ...... 1,427.64 ...... 1,427.64 Jeff Kratz: Germany ...... Euro ...... 918.53 ...... 918.53 United States ...... Dollar ...... 1,427.64 ...... 1,427.64 Delegation Expenses 1 United States ...... Dollar ...... 484.11 ...... 484.11 Mary C. Fitzpatrick: El Salvador ...... Dollar ...... 663.00 ...... 663.00 Colombia ...... Peso ...... 1,230.00 ...... 1,230.00 United States ...... Dollar ...... 3,174.00 ...... 3,174.00 Tim Rieser: Colombia ...... Dollar ...... 445.00 ...... 445.00 United States ...... Dollar ...... 982.00 ...... 982.00 Paul Grove: Portugal ...... Euro ...... 504.00 ...... 504.00 Spain ...... Euro ...... 215.00 ...... 215.00 United States ...... Dollar ...... 6,675.66 ...... 6,675.66 Senator Judd Gregg: Portugal ...... Euro ...... 336.00 ...... 336.00 United States ...... Dollar ...... 6,501.44 ...... 6,501.44 Sid Ashworth: Norway ...... Krone ...... 450.00 ...... 450.00 Turkey ...... Lira ...... 734.00 ...... 734.00 Czech Republic ...... Koruna ...... 832.00 ...... 832.00 United States ...... Dollar ...... 11,812.05 ...... 11,812.05 Alycia Farrell: Norway ...... Krone ...... 450.00 ...... 450.00 Turkey ...... Lira ...... 734.00 ...... 734.00 Czech Republic ...... Koruna ...... 832.00 ...... 832.00 United States ...... Dollar ...... 11,812.05 ...... 11,812.05 Brian Potts: Norway ...... Krone ...... 450.00 ...... 450.00 Turkey ...... Lira ...... 734.00 ...... 734.00 Czech Republic ...... Koruna ...... 832.00 ...... 832.00 United States ...... Dollar ...... 11,812.05 ...... 11,812.05 Brian T. Wilson: Norway ...... Krone ...... 450.00 ...... 450.00 Turkey ...... Lira ...... 734.00 ...... 734.00 Czech Republic ...... Koruna ...... 832.00 ...... 832.00 United States ...... Dollar ...... 11,812.05 ...... 11,812.05 Thomas L. Gonzales: Kuwait ...... Dollar ...... 1,027.47 ...... 1,027.47 Iraq ...... Dollar ...... 29.00 ...... 29.00 United States ...... Dollar ...... 13,406.30 ...... 13,406.30 Howard Sutton: Colombia ...... Peso ...... 1,230.00 ...... 1,230.00 United States ...... Dollar ...... 1,833.30 ...... 1,833.30 Total ...... 89,317.92 ...... 217,497.71 ...... 484.11 ...... 307,299.74 1 Delegation expenses include payments and reimbursements by the Department of State under the authority of Section 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of Pub. L. 95–384, and expenses paid pursu- ant to S. Res. 179, agreed to May 25, 1977. SENATOR ROBERT BYRD, Chairman, Committee on Appropriations, Nov. 14, 2008.

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 8634 E:\CR\FM\A20NO6.016 S20NOPT1 jbell on PROD1PC69 with SENATE S10760 CONGRESSIONAL RECORD — SENATE November 20, 2008 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, AMENDED, UNDER AUTHORITY OF SEC. 22, P.L. 95– 384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Tim Rieser: Ireland ...... Dollar ...... 190.00 ...... 190.00 United States ...... Dollar ...... 803.00 ...... 803.00 Total ...... 190.00 ...... 803.00 ...... 993.00 SENATOR ROBERT BYRD, Chairman, Committee on Appropriations, Nov. 14, 2008.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), OFFICE OF THE PRESIDENT PRO TEMPORE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

James J. Tuite III: Kuwait ...... Dollar ...... 1,027.47 ...... 1,027.47 Iraq ...... Dollar ...... 29.00 ...... 29.00 United States ...... Dollar ...... 9,673.29 ...... 9,673.29 Total ...... 1,056.47 ...... 9,673.29 ...... 10,729.76 SENATOR ROBERT BYRD, President Pro Tempore, Nov. 14, 2008.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Gregory T. Kiley: United States ...... Dollar ...... 8,040.65 ...... 8,040.65 Belgium ...... Euro ...... 420.00 ...... 420.00 Germany ...... Euro ...... 500.00 ...... 500.00 Italy ...... Euro ...... 650.00 ...... 94.00 ...... 744.00 Senator James M. Inhofe: United Kingdom ...... Pound ...... 417.00 ...... 87.00 ...... 504.00 Anthony Lazarski: United Kingdom ...... Pound ...... 191.00 ...... 39.00 ...... 230.00 Madelyn R. Creedon: Belgium ...... Euro ...... 229.46 ...... 229.46 Germany ...... Euro ...... 590.00 ...... 55.00 ...... 645.00 United States ...... Dollar ...... 6,672.00 ...... 6,672.00 Senator Lindsey Graham: Ukraine ...... Dollar ...... 325.26 ...... 325.26 Georgia ...... Dollar ...... 83.50 ...... 83.50 Poland ...... Dollar ...... 204.82 ...... 204.82 Senator Mark Pryor: Italy ...... Dollar ...... 50.00 ...... 126.00 ...... 176.00 Senator Jack Reed: Kuwait ...... Dollar ...... 112.00 ...... 112.00 Afghanistan ...... Dollar ...... 18.00 ...... 18.00 Jordan ...... Dollar ...... 120.00 ...... 24.00 ...... 144.00 Elizabeth King: Kuwait ...... Dollar ...... 127.00 ...... 127.00 Afghanistan ...... Dollar ...... 18.00 ...... 18.00 Jordan ...... Dollar ...... 115.00 ...... 10.00 ...... 125.00 Senator Joseph I. Lieberman: Ukraine ...... Hryvnia ...... 335.67 ...... 335.67 Poland ...... Zloty ...... 336.58 ...... 336.58 Vance Serchuk: Ukraine ...... Hryvnia ...... 319.84 ...... 319.84 Poland ...... Zloty ...... 204.82 ...... 204.82 Matt Rimkunas: Ukraine ...... Hryvnia ...... 319.00 ...... 319.00 Poland ...... Zloty ...... 204.00 ...... 204.00 Total ...... 5,840.95 ...... 14,982.65 ...... 215.00 ...... 21,038.60 SENATOR CARL LEVIN, Chairman, Committee on Armed Services, Sept. 30, 2008.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Peggy Kuhn: Belgium ...... Euro ...... 1,265.10 ...... 150.00 ...... 1,415.10 Germany ...... Euro ...... 461.00 ...... 50.00 ...... 511.00 France ...... Euro ...... 1,650.00 ...... 150.00 ...... 1,800.00 France ...... Euro ...... 822.00 ...... 100.00 ...... 922.00 United States ...... Dollar ...... 7,735.25 ...... 7,735.25 Aaron Klein: Belgium ...... Euro ...... 1,265.10 ...... 150.00 ...... 1,415.10 Germany ...... Euro ...... 461.00 ...... 50.00 ...... 511.00 France ...... Euro ...... 1,650.00 ...... 150.00 ...... 1,800.00

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00080 Fmt 4624 Sfmt 8634 E:\CR\FM\A20NO6.016 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10761 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

France ...... Euro ...... 822.00 ...... 100.00 ...... 922.00 United States ...... Dollar ...... 7,735.25 ...... 7,735.25 Senator Richard Shelby: New Zealand ...... Dollar ...... 528.00 ...... 528.00 Australia ...... Dollar ...... 2,303.15 ...... 2,303.15 Vietnam ...... Dollar ...... 540.00 ...... 444.00 ...... 984.00 Singapore ...... Dollar ...... 542.00 ...... 384.00 ...... 926.00 United States ...... Dollar ...... 20,383.45 ...... 20,383.45 William D. Duhnke III: New Zealand ...... Dollar ...... 528.00 ...... 528.00 Australia ...... Dollar ...... 2,303.15 ...... 2,303.15 Vietnam ...... Dollar ...... 540.00 ...... 444.00 ...... 984.00 Singapore ...... Dollar ...... 542.00 ...... 384.00 ...... 926.00 United States ...... Dollar ...... 20,383.45 ...... 20,383.45 Mike Buttry: Panama ...... Dollar ...... 142.00 ...... 142.00 Colombia ...... Peso ...... 340.00 ...... 340.00 Brazil ...... Real ...... 249.00 ...... 249.00 United States ...... Dollar ...... 4,244.00 ...... 4,244.00 Total ...... 15,897.50 ...... 60,481.40 ...... 3,612.00 ...... 79,990.90 SENATOR CHRIS DODD, Chairman, Committee on Banking, Housing, and Urban Affairs, Oct. 30, 2008.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Dabney Hegg: United States ...... Dollar ...... 1,241.11 ...... 1,241.11 Great Britain ...... Pound ...... 1,053.67 ...... 1,053.67 Netherlands ...... Euro ...... 542.00 ...... 542.00 France ...... Euro ...... 1,187.25 ...... 1,187.25 Total ...... 2,782.92 ...... 1,241.11 ...... 4,024.03 SENATOR DANIEL INOUYE, Chairman, Committee on Commerce, Science, and Transportation, Nov. 14, 2008.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

David Johanson: Switzerland ...... Franc ...... 4,136.85 ...... 4,136.85 United States ...... Dollar ...... 1,258.76 ...... 1,258.76 Ted Serafini: Switzerland ...... Franc ...... 4,194.51 ...... 4,194.51 United States ...... Dollar ...... 1,106.63 ...... 1,106.63 Darci Vetter: Switzerland ...... Franc ...... 2,592.51 ...... 2,592.51 United States ...... Dollar ...... 1,106.63 ...... 1,106.63 Claudia Poteet: United Kingdom ...... Pound ...... 754.47 ...... 754.47 Netherlands ...... Euro ...... 314.55 ...... 314.55 France ...... Euro ...... 345.84 ...... 345.84 United States ...... Dollar ...... 1,155.37 ...... 1,155.37 Joshua Odintz: Belgium ...... Euro ...... 653.38 ...... 653.38 France ...... Euro ...... 744.53 ...... 744.53 United States ...... Dollar ...... 913.38 ...... 913.38 Nancy McCarthy: Belgium ...... Euro ...... 906.09 ...... 906.09 France ...... Euro ...... 989.01 ...... 989.01 United States ...... Dollar ...... 917.38 ...... 917.38 Total ...... 13,607.70 ...... 6,458.15 ...... 20,065.85 SENATOR MAX BAUCUS, Chairman, Committee on Finance, Nov. 18, 2008.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Darci Vetter: Denmark ...... Krone ...... 1,400.00 ...... 1,400.00 United States ...... Dollar ...... 1,152,07 ...... 1,152.07 Total ...... 1,400.00 ...... 1,152.07 ...... 2,552.07 SENATOR MAX BAUCUS, Chairman, Committee on Finance, Aug. 24, 2008.

VerDate Aug 31 2005 04:40 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00081 Fmt 4624 Sfmt 8634 E:\CR\FM\A20NO6.016 S20NOPT1 jbell on PROD1PC69 with SENATE S10762 CONGRESSIONAL RECORD — SENATE November 20, 2008 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, AMENDED FROM 2ND QUARTER, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS, FOR TRAVEL FROM APR. 1 TO JUNE 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

James Greene: Germany ...... Euro ...... 856.12 ...... 856.12 United States ...... Dollar ...... 6,979.69 ...... 6,979.69 Keith Luse: Indonesia ...... Rupiah ...... 1,429.65 ...... 1,429.65 Timor-Leste ...... Dollar ...... 124.75 ...... 124.75 Singapore ...... Dollar ...... 340.60 ...... 340.60 United States ...... Dollar ...... 5,695.88 ...... 5,695.88 Debbie Yamada: Kazakhstan ...... Tenge ...... 225.00 ...... 225.00

Total ...... 2,976.12 ...... 12,675.57 ...... 15,651.69 SENATOR JOSEPH BIDEN, Chairman, Committee on Foreign Relations, Oct. 23, 2008.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Joseph R. Biden, Jr.: Georgia ...... Lari ...... 185.40 ...... 185.40 United States ...... Dollar ...... 9,334.78 ...... 9,334.78 Senator Bob Corker: Georgia ...... Lari ...... 550.00 ...... 550.00 United States ...... Dollar ...... 10,405.52 ...... 10,405.52 Senator Chuck Hagel: Kuwait ...... Dinar ...... 135.00 ...... 135.00 Jordan ...... Dinar ...... 135.00 ...... 135.00 Panama ...... Dollar ...... 68.00 ...... 68.00 Colombia ...... Peso ...... 218.00 ...... 218.00 Brazil ...... Real ...... 90.00 ...... 90.00 United States ...... Dollar ...... 4,244.00 ...... 4,244.00 Senator Richard Lugar: France ...... Euro ...... 302.00 ...... 302.00 Georgia ...... Lari ...... 301.00 ...... 301.00 Azerbaijan ...... Manat ...... 301.00 ...... 301.00 Turkey ...... Lira ...... 301.00 ...... 301.00 Romania ...... Lei ...... 301.00 ...... 301.00 Ukraine ...... Hryvna ...... 301.00 ...... 301.00 Germany ...... Euro ...... 301.00 ...... 301.00 Belgium ...... Euro ...... 301.36 ...... 301.36 United States ...... Dollar ...... 3,055.64 ...... 3,055.64 Antony Blinken: Kuwait ...... Dinar ...... 150.00 ...... 150.00 Jordan ...... Dinar ...... 150.00 ...... 150.00 Neil Brown: Azerbaijan ...... Manat ...... 347.50 ...... 347.50 Turkey ...... Lira ...... 350.00 ...... 350.00 Romania ...... Lei ...... 350.00 ...... 350.00 Ukraine ...... Hryvna ...... 350.00 ...... 350.00 Germany ...... Euro ...... 350.00 ...... 350.00 Belgium ...... Euro ...... 350.00 ...... 350.00 France ...... Euro ...... 350.00 ...... 350.00 Georgia ...... Lari ...... 350.00 ...... 350.00 United States ...... Dollar ...... 6,886.04 ...... 6,886.04 Jason Bruder: Tajikistan ...... Somoni ...... 507.00 ...... 507.00 Kyrgyzstan ...... Som ...... 568.00 ...... 568.00 Kazakhstan ...... Tenge ...... 704.00 ...... 704.00 United States ...... Dollar ...... 14,271.23 ...... 14,271.23 Perry Cammack: Yemen ...... Rial ...... 496.00 ...... 496.00 Qatar ...... Riyal ...... 67.00 ...... 67.00 Egypt ...... Pound ...... 523.00 ...... 523.00 United States ...... Dollar ...... 12,688.87 ...... 12,688.87 Steven Feldstein: Germany ...... Euro ...... 354.00 ...... 354.00 Tanzania ...... Shilling ...... 1,401.00 ...... 1,401.00 Djibouti ...... Franc ...... 82.00 ...... 82.00 Chad ...... Franc ...... 670.00 ...... 670.00 United States ...... Dollar ...... 11,348.28 ...... 11,348.28 Andrew J. Fisher: France ...... Euro ...... 338.00 ...... 338.00 Georgia ...... Lari ...... 338.00 ...... 338.00 Azerbaijan ...... Manat ...... 337.00 ...... 337.00 Turkey ...... Lira ...... 337.00 ...... 337.00 Romania ...... Lei ...... 337.00 ...... 337.00 Ukraine ...... Hryvna ...... 337.00 ...... 337.00 Germany ...... Euro ...... 338.00 ...... 338.00 Belgium ...... Euro ...... 338.00 ...... 338.00 United States ...... Dollar ...... 6,886.04 ...... 6,886.04 James Greene: China ...... Dollar ...... 900.00 ...... 900.00 United States ...... Dollar ...... 9,816.45 ...... 9,816.45 James Greene: Ghana ...... Cedi ...... 1,072.00 ...... 1,072.00 United States ...... Dollar ...... 10,596.86 ...... 10,596.86 Mark Helmke: Ghana ...... Cedi ...... 756.00 ...... 756.00 United States ...... Dollar ...... 10,596.86 ...... 10,596.86 Frank Jannuzi: Australia ...... Dollar ...... 1,173.00 ...... 1,173.00

VerDate Aug 31 2005 04:40 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00082 Fmt 4624 Sfmt 8634 E:\CR\FM\A20NO6.016 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10763 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Hong Kong ...... Dollar ...... 582.00 ...... 582.00 China ...... Yuan ...... 2,155.00 ...... 2,155.00 United States ...... Dollar ...... 16,263.23 ...... 16,263.23 Mark Lippert: Kuwait ...... Dinar ...... 50.00 ...... 50.00 Afghanistan ...... Afghani ...... 50.00 ...... 50.00 Jordan ...... Dinar ...... 50.00 ...... 50.00 Erin Logan: Germany ...... Euro ...... 628.89 ...... 628.89 Tanzania ...... Shilling ...... 1,633.55 ...... 1,633.55 Djibouti ...... Franc ...... 84.75 ...... 84.75 Chad ...... Franc ...... 315.00 ...... 315.00 United States ...... Dollar ...... 11,747.88 ...... 11,747.88 Mark Lopes: Peru ...... Dollar ...... 945.00 ...... 945.00 Ecuador ...... Dollar ...... 590.00 ...... 590.00 United States ...... Dollar ...... 5,598.30 ...... 5,598.30 Greta Lundeberg: Germany ...... Euro ...... 104.90 ...... 104.90 Djibouti ...... Franc ...... 84.00 ...... 84.00 Tanzania ...... Shilling ...... 1,638.00 ...... 1,638.00 United States ...... Dollar ...... 10,517.78 ...... 10,517.78 Keith Luse: Malaysia ...... Ringgit ...... 1,205.55 ...... 1,205.55 Thailand ...... Baht ...... 44.26 ...... 44.26 Taiwan ...... Dollar ...... 16.75 ...... 16.75 United States ...... Dollar ...... 5,695.88 ...... 5,695.88 Sarah Margon: Nigeria ...... Naira ...... 1,181.00 ...... 1,181.00 Ghana ...... Cedi ...... 227.00 ...... 227.00 Sierra Leone ...... Leones ...... 532.00 ...... 532.00 Liberia ...... Dollar ...... 475.00 ...... 475.00 United States ...... Dollar ...... 7,537.44 ...... 7,537.44 Carl Meacham: Argentina ...... Peso ...... 268.00 ...... 268.00 United States ...... Dollar ...... 5,547.80 ...... 5,547.80 Kenneth Myers, Jr.: France ...... Euro ...... 317.00 ...... 317.00 Georgia ...... Lari ...... 316.00 ...... 316.00 Azerbaijan ...... Manat ...... 316.00 ...... 316.00 Turkey ...... Lira ...... 316.00 ...... 316.00 Romania ...... Lei ...... 316.00 ...... 316.00 Ukraine ...... Hryvna ...... 316.00 ...... 316.00 Germany ...... Euro ...... 316.00 ...... 316.00 Belgium ...... Euro ...... 317.00 ...... 317.00 United States ...... Dollar ...... 6,886.04 ...... 6,886.04 Kenneth Myers III: France ...... Euro ...... 352.00 ...... 352.00 Georgia ...... Lari ...... 351.00 ...... 351.00 Azerbaijan ...... Manat ...... 352.00 ...... 352.00 Turkey ...... Lira ...... 352.00 ...... 352.00 Romania ...... Lei ...... 352.00 ...... 352.00 Ukraine ...... Hryvna ...... 352.00 ...... 352.00 Germany ...... Euro ...... 352.00 ...... 352.00 Belgium ...... Euro ...... 352.00 ...... 352.00 United States ...... Dollar ...... 6,886.04 ...... 6,886.04 Rexon Ryu: Kuwait ...... Dinar ...... 308.00 ...... 308.00 Jordan ...... Dinar ...... 190.00 ...... 190.00 Rexon Ryu: Panama ...... Dollar ...... 148.00 ...... 148.00 Colombia ...... Peso ...... 334.00 ...... 334.00 Brazil ...... Real ...... 209.00 ...... 209.00 United States ...... Dollar ...... 4,244.00 ...... 4,244.00 Shannon Smith: Nigeria ...... Naira ...... 1,238.00 ...... 1,238.00 Ghana ...... Cedi ...... 231.00 ...... 231.00 Sierra Leone ...... Leones ...... 467.00 ...... 467.00 Liberia ...... Dollar ...... 480.00 ...... 480.00 United States ...... Dollar ...... 7,537.44 ...... 7,537.44 Chris Socha: Tajikistan ...... Somoni ...... 507.00 ...... 507.00 Kyrgyzstan ...... Som ...... 568.00 ...... 568.00 Kazakhstan ...... Tenge ...... 879.00 ...... 879.00 United States ...... Dollar ...... 14,271.23 ...... 14,271.23 Puneet Talwar: Switzerland ...... Dollar ...... 475.29 ...... 475.29 Greece ...... Dollar ...... 1,031.67 ...... 1,031.67 United States ...... Dollar ...... 9,697.27 ...... 9,697.27 Puneet Talwar: Netherlands ...... Dollar ...... 469.00 ...... 469.00 United States ...... Dollar ...... 7,457.39 ...... 7,457.39 Tomicah Tillemann: Georgia ...... Lari ...... 386.00 ...... 386.00 United States ...... Dollar ...... 9,334.78 ...... 9,334.78 Todd Womack: Georgia ...... Lari ...... 577.00 ...... 577.00 United States ...... Dollar ...... 10,375.52 ...... 10,375.52 Total ...... 45,564.87 ...... 249,728.59 ...... 295,293.46 SENATOR JOSEPH BIDEN, Chairman, Committee on Foreign Relations, Oct. 23, 2008.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS, FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Joel Spangenberg: United States ...... Dollar ...... 1,301.01 ...... 1,301.01

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 8634 E:\CR\FM\A20NO6.016 S20NOPT1 jbell on PROD1PC69 with SENATE S10764 CONGRESSIONAL RECORD — SENATE November 20, 2008 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS, FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

United Kingdom ...... Pound ...... 769.21 ...... 226.51 ...... 995.72 Netherlands ...... Euro ...... 428.20 ...... 187.85 ...... 616.05 France ...... Euro ...... 839.35 ...... 25.30 ...... 864.65 Tara Shaw: United States ...... Dollar ...... 1,241.01 ...... 1,241.01 United Kingdom ...... Pound ...... 232.35 ...... 232.35 Netherlands ...... Euro ...... 456.54 ...... 300.65 ...... 14.68 ...... 771.87 France ...... Euro ...... 835.21 ...... 134.89 ...... 970.10 Jason Yanussi: United States ...... Dollar ...... 1,241.01 ...... 10.00 ...... 1,251.01 United Kingdom ...... Pound ...... 784.92 ...... 259.60 ...... 9.73 ...... 1,054.25 Netherlands ...... Euro ...... 463.62 ...... 261.55 ...... 7.52 ...... 732.69 France ...... Euro ...... 848.16 ...... 28.27 ...... 14.88 ...... 891.31 Jennifer Hemingway: United States ...... Dollar ...... 12,937.52 ...... 100.00 ...... 13,037.52 Pakistan ...... Rupee ...... 616.00 ...... 616.00 Lebanon ...... Dirham ...... 20.00 ...... 20.00 United Arab Emirates ...... Dirham ...... 1,305.00 ...... 82.00 ...... 75.00 ...... 1,462.00 Kenya Wiley: United States ...... Dollar ...... 12,967.52 ...... 12,967.52 Pakistan ...... Rupee ...... 668.10 ...... 668.10 United Arab Emirates ...... Dirham ...... 1,389.00 ...... 1,389.00 Thomas Richards: United States ...... Dollar ...... 12,937.52 ...... 122.75 ...... 13,060.27 Pakistan ...... Rupee ...... 605.00 ...... 605.00 Lebanon ...... Dirham ...... 50.00 ...... 50.00 United Arab Emirates ...... Dirham ...... 1,319.00 ...... 1,319.00 Total ...... 11,629.66 ...... 44,132.21 ...... 354.56 ...... 56,116.43 SENATOR JOSEPH LIEBERMAN, Chairman, Committee on Homeland Security and Governmental Affairs, Oct. 21, 2008.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Bradley Hayes: Denmark ...... Krone ...... 1,524.00 ...... 1,524.00 Estonia ...... Kroon ...... 1,324.00 ...... 1,324.00 Poland ...... Zloty ...... 1,420.00 ...... 1,420.00 United States ...... Dollar ...... 8,497.77 ...... 8,497.77 Senator Arlen Specter: Mexico ...... Peso ...... 595.57 ...... 595.57 Venezuela ...... Bolivar ...... 390.58 ...... 390.58 United States ...... Dollar ...... 2,310.38 ...... 2,310.38 Nicholas A. Rossi: Mexico ...... Peso ...... 650.77 ...... 650.77 Venezuela ...... Bolivar ...... 511.43 ...... 511.43 United States ...... Dollar ...... 2,686.27 ...... 2,686.27 Senator Patrick Leahy: Canada ...... Dollar ...... 585.00 ...... 585.00 Edward Brady: Canada ...... Dollar ...... 515.00 ...... 515.00 Total ...... 7,516.35 ...... 13,494.42 ...... 21,010.77 SENATOR PATRICK LEAHY, Chairman, Committee on the Judiciary, Oct. 24, 2008.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

John Maguire ...... 1,907.00 ...... 1,907.00 Dollar ...... 12,771.60 ...... 12,771.60 Eric Chapman ...... 736.00 ...... 736.00 Dollar ...... 10,378.26 ...... 10,378.26 David Koger ...... 1,296.00 ...... 1,296.00 Dollar ...... 6,983.91 ...... 6,983.91 Gordon Matlock ...... 1,528.00 ...... 1,528.00 Dollar ...... 6,951.00 ...... 6,951.00 David Koger ...... 2,013.00 ...... 2,013.00 Dollar ...... 11,914.00 ...... 11,914.00 Caroline Tess ...... 598.00 ...... 598.00 Dollar ...... 1,661.60 ...... 1,661.60 John Dickas ...... 483.00 ...... 483.00 Dollar ...... 1,661.60 ...... 1,661.60 Gregory Thielmann ...... 1,220.00 ...... 1,220.00 Dollar ...... 11,243.00 ...... 11,243.00 Jennifer Wagner ...... 1,921.00 ...... 1,921.00 Dollar ...... 11,273.80 ...... 11,273.80 Louis Tucker ...... 1,705.00 ...... 1,705.00 Dollar ...... 2,959.30 ...... 2,959.30 Richard Girven ...... 1,705.00 ...... 1,705.00 Dollar ...... 2,959.30 ...... 2,959.30 Daniel Jones ...... 2,273.00 ...... 2,273.00 Dollar ...... 2,959.30 ...... 2,959.30 Alissa Starzak ...... 1,976.00 ...... 1,976.00

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00084 Fmt 4624 Sfmt 8634 E:\CR\FM\A20NO6.016 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10765 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2008—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Dollar ...... 9,846.40 ...... 9,846.40 Andrew Kerr ...... 2,432.00 ...... 2,432.00 Dollar ...... 9,846.40 ...... 9,846.40 Caroline Tees ...... 550.00 ...... 550.00 Dollar ...... 1,700.11 ...... 1,700.11 Richard Girven ...... 190.00 ...... 190.00 Senator Christopher Bond ...... 1,705.00 ...... 1,705.00 Dollar ...... 3,760.80 ...... 3,760.80 Louis Tucker ...... 3,162.00 ...... 3,162.00 Dollar ...... 11,901.09 ...... 11,901.09 Richard Girven ...... 3,162.00 ...... 3,162.00 Dollar ...... 12,160.13 ...... 12,160.13 Jennifer Wagner ...... 1,399.00 ...... 1,399.00 Dollar ...... 13,932.68 ...... 13,932.68 James Smythers ...... 664.00 ...... 664.00 Dollar ...... 12,410.25 ...... 12,410.25 Bryan Smith ...... 1,231.00 ...... 1,231.00 Dollar ...... 13,932.68 ...... 13,932.68 Randall Bookout ...... 672.00 ...... 672.00 Dollar ...... 2,420.96 ...... 2,420.96 Eric Pelofsky ...... 956.00 ...... 956.00 Dollar ...... 7,953.25 ...... 7,953.25 Paul Matulic ...... 989.00 ...... 989.00 Dollar ...... 8,803.39 ...... 8,803.39 Total ...... 36,473.00 ...... 192,384.81 ...... 228,857.81 SENATOR JOHN D. ROCKEFELLER, Chairman, Committee on Intelligence, Nov. 5, 2008.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), MAJORITY LEADER FOR TRAVEL FROM AUG. 24 TO AUG. 31, 2008

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Marcel Lettre: United States ...... Dollar ...... 7,896.07 ...... 7,896.07 Qatar ...... Dollar ...... 936.00 ...... 936.00 Total ...... 936.00 ...... 7,896.07 ...... 8,832.07 SENATOR HARRY REID, h Majority Leader.

EXECUTIVE SESSION IN THE UNITED STATES COAST GUARD Paul M. Chamberlain To be rear admiral (lower half) Michael W. O’Neal Captain John H. Korn, Julie L. Earp NOMINATIONS DISCHARGED Captain William D. Lee, Kyle A. Byers Captain Charles D. Michel, Loren M. Evory Mr. DORGAN. Mr. President, I ask Andrew J. Ostapenko unanimous consent that the Senate Captain Roy A. Nash, Captain Michael N. Parks, Laura T. Gallant proceed to executive session and the Gregory R. Schweitzer NATIONAL OCEANIC AND ATMOSPHERIC Foreign Relations Committee be dis- Mark S. Andrews ADMINISTRATION charged of PN2128; that the Commerce Megan R. Guberski To be lieutenant (junior grade) Committee be discharged from PN1994, Nathan E. Witherly except the nomination of Robert E. Kyle W. Ryan Christine L. Schultz Oliver E. Brown Day; PN2117 and PN2118; that the Sen- Claire V. Surrey To be ensign Ronald L. Moyers, Jr. ate proceed en bloc to their consider- Brian D. Prestcott ation; that the nominations be con- Gregory R. Schweitzer John H. Petersen Glen A. Rice firmed en bloc; the motions to recon- Benjamin S. Bloss Patrick M. Redmond sider be laid upon the table en bloc; John F. Rossi Russell A. Quintero that any statements related thereto be Charlene R. Felkley Nathan B. Parker printed in the RECORD; that no further Emily M. Rose Jonathan R. Heesch motions be in order; and the President Kevin W. Adams Matthew C. Griffin be immediately notified of the Senate’s Matthew M. Forney Faith C. Opatrny action. Patricia E. Raymond f The PRESIDING OFFICER. Without Matthew J. Nardi Adam R. Reed EXECUTIVE CALENDAR AND objection, it is so ordered. Adrienne L. Hopper NOMINATIONS DISCHARGED The nominations considered and con- Rachel M. Sargent Mr. DORGAN. I ask unanimous con- firmed are as follows: Jonathan E. Owen sent that the Senate consider Calendar DEPARTMENT OF AGRICULTURE Ryan A. Wartick No. 757, the nomination of William Career Member of the Senior Foreign Serv- NATIONAL OCEANIC AND ATMOSPHERIC Carr; and that the Judiciary Com- ice, Class of Career Minister: ADMINISTRATION mittee be discharged of PN1113, the Asif J. Chaudhry, of Washington To be lieutenant (junior grade) Career Member of the Senior Foreign Serv- nomination of Ricardo H. Hinojosa; Andrew R. Colegrove that the Senate proceed en bloc to ice, Class of Minister-Counselor: Anna-Elizabeth B. Villiard-Howe Gary C. Groves, of Texas Nicholas C. Morgan their consideration; that the nomina- Career Member of the Senior Foreign Serv- Jeffrey G. Pereira tions be confirmed en bloc; the motions ice, Class of Counselor: Colin T. Klewer to reconsider be laid on the table en Alan D. Hrapsky, of Texas Harold B. Emmons III bloc; that any statements related

VerDate Aug 31 2005 04:57 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.016 S20NOPT1 jbell on PROD1PC69 with SENATE S10766 CONGRESSIONAL RECORD — SENATE November 20, 2008 thereto be printed in the RECORD; that Allyn K. Nakashima To be nurse director no further motions be in order; and Elena H. Page Ana Marie L. Balingit-Wines that the President be immediately no- Brent Pennington Eileen D. Bonneau tified of the Senate’s actions. Calman P. Prussin Sheila D. Carnes Steven G. Scott Laurie S. Irwin-Pinkley The PRESIDING OFFICER. Without Robert J. Simonds objection, it is so ordered. David W. Kelly Mark J. Tedesco David L. Kerschner The nominations considered and con- Douglas B. Trout Kathleen M. Kobus firmed en bloc are as follows: Jonathan T. Weber Carol L. Konchan UNITED STATES SENTENCING COMMISSION Jane R. Zucker Mary M. Leemhuis William B. Carr, Jr., of Pennsylvania, to be To be senior surgeon Michael D. Lyman a Member of the United States Sentencing Kenneth L. Brooks Robert W. Mayes Commission for a term expiring October 31, Erlinda R. Casuga-Marquez Jerilyn Anderson McClain 2011. Ahmed M. Elkashef Genise Y. Nixon Ricardo H. Hinojosa, of Texas, to be a Douglas H. Esposito Monique V. Petrofsky Member of the United States Sentencing Alicia M. Fry Gilbert P. Rose Commission for a term expiring October 31, Rosemarie Hirsch Cindy L. Wilson 2013. Stephen P. Kachur Beverly R. Wright Mr. DORGAN. Mr. President, I ask Charles E. Lee To be senior nurse officer unanimous consent that the Foreign Sarah R. Linde-Feucht Victoria L. Anderson Relations Committee be discharged of Julie M. Magri Linda J. Belsito Katherine C. Palatianos PN730; the HELP Committee be dis- Susan K. Brown Mary C. Porvaznik Michael P. Bryce charged of PN2019, PN2020, PN2022, Stephen M. Rudd Annette R. Debisette PN2132, PN2024, PN2104, and PN2119; Taraz Samandari Joanne Derdak and the Homeland Security and Gov- Julia A. Schillinger Mary Y. Elkins ernmental Affairs Committee be dis- Michael G. Wilcox Susan K. Fritz charged of PN2058 and PN2086; and that Jason J. Woo Byron C. Glenn the Senate proceed en bloc to their Darius S. Yorichi Wanda W. Gonzalez consideration; that the nominations be To be surgeon Joan F. Hunter Mary L. Kinkade confirmed en bloc, and the motions to Anthony M. Dunnigan Colleen O. Lee Mark R. Dybul reconsider be laid upon the table; that Jaime Muniz Nancy W. Knight no further motions be in order, and any Priscilla J. Powers Dianna L. Mahoney statements relating to the nominations Doris L. Raymond Kelton H. Oliver Letitia L. Rhodes be printed in the Record; that the Pragna Patel Bonnie A. Saylor President be immediately notified of Tobe M. Propst Sylvia Trent-Adams the Senate’s action, and the Senate re- Jeffrey D. Schulden Joyce B. Watson turn to legislative session. David L. Sprenger Daniel J. Weskamp The PRESIDING OFFICER. Without Greggory J. Woitte objection, it is so ordered. David Wong To be nurse officer The nominations considered and con- To be senior assistant surgeon Dawn A. Anderson-Gary firmed en bloc are as follows: Ileana Barreto-Pettit Daisy Y. Eng Patricia A. Barrett DEPARTMENT OF STATE Daniel Molina Valene N. Bartmess Gene Allan Cretz, of New York, a Career To be dental director Jason M. Bischoff Member of the Senior Foreign Service, Class Michael C. Arnold Marie A. Casey of Counselor, to be Ambassador Extraor- Timothy S. Bishop Susanna N. Choi dinary and Plenipotenitiary of the United William F. Catelli II Brian R. Cronenwett States of America to Libya. John F. Caudill II Derwent O. Daniel NATIONAL SCIENCE BOARD Jeffery R. Combs John W. David, Jr. Diane Douglas Douglas D. Randall, of Missouri, to be a Dean J. Coppola Kimberly J. Elenberg Member of the National Science Board, Na- Steven D. Florer Eileen M. Falzini tional Science Foundation, for a term expir- Carl J. Gustke Dion E. Franklund ing May 10, 2014. Daniel J. Hickey Barbara A. Fuller Ray M. Bowen, of Texas, to be a Member of Joseph G. Hosek Serina A. Hunter-Thomas the National Science Board, National Thomas E. Jordan Jackie Kennedy-Sullivan Science Foundation, for a term expiring May Mary G. Murphy Carol S. Lincoln 10, 2014. Rebecca V. Neslund Lisa A. Marunycz France A. Cordova, of Indiana, to be a James T. Owen Tami L. McBride Member of the National Science Board, Na- Thomas A. Reese Alberta M. McCabe tional Science Foundation, for a term expir- Suzanne K. Saville Sherry L. McReynolds ing May 10, 2014. To be senior dental surgeon Anita E. Pollard U.S. PUBLIC HEALTH SERVICE Anita Arnold Letitia B. Robinson To be medical director Ronald C. Cox Thomas M. Scheidel Glen A. Eisenhuth Paul J. Andreason Jeffery R. Semak Richard L. Firnhaber Wanda D. Barfield Judith B. Sutcliffe Ronald L. Fuller Charles H. Beymer Victoria F. Vachon Stanley K. Gordon Susan Blank To be senior assistant nurse officer Christine K. Heng Michael J. Boquard Arlene M. Lester Mark D. Cruz Brenton T. Burkholder John E. Lorincz Kaori Donohue Jay C. Butler Aaron R. Means, Sr. Bryan H. Emery Michael A. Carome Kathleen M. Oconnor-Moran Coleen R. Fett Martin S. Cetron Richard D. Stricklin Joshua E. Hardin Susan T. Cookson Todd M. Tovarek James E. Thomas Michael M. Engelgau William T. Williamson To be dental surgeon Carol Friedman Anh P. Wright Richard P. Hedlund Ruben S. Acuna To be assistant nurse officer Dale J. Hu Joyce D. Biberica Stephen G. Kaler William J. Esposito James K. Lyons Newton E. Kendig Katrina J. Leslie Adriana M. Meyer-Alonzo Jeffrey B. Kopp Anthony L. Likes To be engineer director Eric A. Mann Kimberly Woods Montoya David M. Apanian Aubrey K. Miler Adrian R. Palmer Bryan L. Fischer Eric D. Mintz Stella Yuk Kwan Lau Wisner Michael G. Gressel

VerDate Aug 31 2005 04:57 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.091 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10767 Robert B. McVicker Stephanie I. Harris To be senior health services officer Robert J. Reiss Hugh M. Mainzer Carol E. Auten Keith P. Shortall Stephanie R. Ostrowski Gregory D. Cliff Mark A. Stafford To be senior veterinary officer Valerie A. Darden George W. Styer Michael J. Flood Maurice C. West Terri R. Clark Victoria A. Hampshire Mark S. Floss To be senior engineer officer Alfred W. Montgomery Richard R. Kauffman Steven L. Bosiljevac Daniel R. Oleary Elijah K. Marlin, Jr. Gary S. Earnest Philip S. McRae To be veterinary officer Cheryl Fairfield Estill Sheila P. Merriweather Chucri A. Kardous Gregory L. Langham David J. Miler James H. Ludington To be pharmacist director Sunil Patel Jamie D. Natour J. R. Eric Edwards Anthony Sanchez Steven E. Raynor Mary A. Fong Phillip L. Toy Daniel C. Tompkins Marie B. Greenwood Jeanean D. Willis-Marsh Dennis J. Wagner George J. Havens II To be health services officer Marjorie E. Wallace Martin Jagers David J. Bellware Mary M. Weber Anthony E. Keller Keith W. Cespon Richard S. Wermers Michael R. Lilla Rhondalyn R. Cox To be engineer officer M. Carlene McIntyre Gregory J. Flaitz Steven J. Dykstra Murray F. Potter Anna T. Gonzales Keith E. Foy Nicholas A. Quaglietta Dione Marie Harjo David E. Harvey Renee J. Roncone Beth Anne Henson Kelly G. Hudson Margaret A. Simoneau Theresa A. Minter David E. Johnson Thomas J. Troshynski Daisy D. Mitchell Mathew J. Martinson To be senior pharmacist Michelle A. Pelkey Jennifer E. Mosser Christine Hee-Kyung Chung Jacqueline D. Rodrigue Brent D. Rohlfs Michelle Dillahunt Tobey Manns Royal Chad A. Snell Terry A. Hook Scott J. Salvatore To be senior assistant engineer officer Mary E. Kremzner Angela K. Shen Sean T. Bush Nitin K. Patel To bie senior assistant health services officer Jennifer Lynn Caparoso Robert G. Pratt Brian T. Burt Jeremy B. Nickels Nita Sood Sean R. Byrd To be scientist director Brenda L. Stodart Torrey B. Darkenwald Peter I. Hartsock Matthew J. Tarosky Eduardo R. Faytong Lauren C. Iacono-Connors Lisa L. Tonrey James D. Hall, Jr. Rosa J. Key-Schwartz To be pharmacist Carl A. Huffman I, II Jason S. Jurkowski Helena O. Mishoe Matthew R. Baker Raquel A. Peat Joyce L. Smith David A. Bates Angel E. Sanchez William H. Taylor I, II William H. Bender Stephen C. Smith To be senior scientist Sye D. Bennefield Anthony A. Walker Mary A. Bickel Christine J. Benally Darin S. Wiegers Bradley M. Bishop John J. Eckert Elaine C. Wolff Laurence M. Grummer-Strawn Michael P. Bourg NATIONAL SCIENCE BOARD Leslie A. MacDonald Catherine Y. Chew G.P. Peterson of Colorado, to be a Member To be scientist Chae Un Chong Tamara A. Close of the National Science Board, National Rachel N. Avchen Michael A. Eddy Science Foundation, for a term expiring May Dan-My T. Chu Rebecca E. Garner 10, 2014. Danice K. Eaton Gary B. Hobbs NATIONAL COUNCIL ON THE ARTS Lisa N. Pealer Marci C. Kiester Diana L. Schneider Barbara Ernst Prey, of New York, to be a Kristy M. Klinger Member of the National Council on the Arts To be environmental health officer director Vlada Matusovsky for a term expiring September 3, 2014. Alan S. Echt Nina C. Mezu-Nwaba U.S. PUBLIC HEALTH SERVICE Robert F. Hennes Margaret A. Rincon Michael E. Herring Spencer S. Salis To be medical director Joseph L. Hughart Tina M. Spence Matthew T. McKenna Robert S. Newsad Jacqueline K. Thomas Zachary Taylor III Douglas C. Pickup Vasavi T. Thomas To be senior surgeon Richard E. Turner Gerardo Z. Vazquez Timothy R. Cote Paul T. Young Chi-Ann Yu Wu Juliette Morgan To be senior environmental health officer To be senior dietitian To be surgeon Eric J. Esswein Juli M. Haws Henry C. Baggett III Deborah A. Greco Ann M. Staten Edward C. Doo William J. Greim To be dietitian Paul D. Heiderscheidt Michael P. Keiffer Robert M. Collison John T. Redd Joe L. Maloney Joseph P. Simon David H. McMahon To be senior therapist To be senior assistant surgeon Gary D. Perlman Jessie Whitehurst Edward A. Pfister Rita B. Shapiro Scott J. Filler Monique R. Fountain Edwin Vazquez To be therapist To be environmental health officer Ana I. Guzman Corey S. Dahl Karen C. Lee Charles M. Blue Frederick V. Lief Lori A. Pollack William C. Crump Henry P. McMillan James J. Sejvar Timothy E. Jiggens Robert E. Roe, Jr. Michael C. Thigpen Mary B. O’Connor Jon M. Schultz Harrichand Rhambarose To be senior dental surgeon To be health services director Daniel J. Yereb Seyed H. Mortazavi To be senior assistant environmental health William M. Gosman To be dental surgeon Greg A. Ketcher officer Juan K. Packer Robert J. Lyon Phillip A. Wilson Robert A. Gibbs W. Henry MacPherson Paul A. Wong Christopher T. Smith Margaret A. McDowell To be veterinary director Michael R. Miner To be senior assistant dental surgeon Sean F. Altekruse Janet Reen Saul Jodine C. Anderson

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.090 S20NOPT1 jbell on PROD1PC69 with SENATE S10768 CONGRESSIONAL RECORD — SENATE November 20, 2008 Carol L. McDaniel Sarah E. Coleman Mr. DORGAN. Mr. President, I ask To be nurse director Matthew R. Daab unanimous consent that the bill be James C. Decker Holly A. Williams read a third time and passed, the mo- Dimana Dimitrova tion to reconsider be laid upon the To be senior nurse officer Elizabeth A. Franklin Ann M. McCarthy David M. Gianferante table, with no intervening action or de- To be nurse officer Marilou Gonzalez bate, and any statements related to the Rebecca Hardy bill be printed in the RECORD. Kristal E. Dye The PRESIDING OFFICER. Without Susan E. Erwin Amy J. Hatcher Martin A. Foreman Sara A. Kierpiec objection, it is so ordered. Brant B. Goode Tina Pattaratornkosohn The bill (S. 3681) was ordered to be Veronica M. Gordon Jeffrey R. Strich engrossed for a third reading, was read Jerri L. McGinnis Xi Hua Yang the third time, and passed, as follows: John I. Young Dorothy R. Merchant S. 3681 JUDICIARY Elvira D. Mosely Be it enacted by the Senate and House of Rep- Rebecca S. Noe Alfred S. Irving, Jr., of the District of Co- resentatives of the United States of America in Arlene M. Patuc lumbia, to be an Associate Judge of the Su- Congress assembled, Carolyn R. Stacy-Wilkin perior Court of the District of Columbia for SECTION 1. JOSEPH A. RYAN POST OFFICE Debra Tubbs the term of fifteen years. BUILDING. To be senior assistant nurse officer Kathryn A. Oberly, of the District of Co- (a) DESIGNATION.—The facility of the lumbia, to be an Associate Judge of the Dis- Anne M. Arceo United States Postal Service located at 5070 trict of Columbia Court of Appeals for the Vegas Valley Drive in Las Vegas, Nevada, Helen E. Ballantyne term of fifteen years. Demetrius Chapman shall be known and designated as the ‘‘Jo- Summer A. Cutting f seph A. Ryan Post Office Building’’. (b) REFERENCES.—Any reference in a law, Dan Fletcher III LEGISLATIVE SESSION Melissa A. George map, regulation, document, paper, or other Shawna L. Hutchins The PRESIDING OFFICER. Under record of the United States to the facility re- Deborah N. Lamping the previous order, the Senate will now ferred to in subsection (a) shall be deemed to return to legislative session. be a reference to the ‘‘Joseph A. Ryan Post To be engineer officer Office Building’’. Jeffrey A. Murray f f To be senior assistant engineer officer DR. WALTER CARL GORDON, JR. AUTHORIZING A COST OF LIVING Varsha B. Savalia POST OFFICE BUILDING ADJUSTMENT FOR THE FEDERAL To be scientist Mr. DORGAN. Mr. President, I ask JUDICIARY David J. McIntyre unanimous consent that the Senate Mr. DORGAN. Mr. President, I ask Danisha L. Robbins proceed to the immediate consider- unanimous consent that the Senate To be senior environmental health officer ation of H.R. 6859, which is at the desk. proceed to the immediate consider- Paul M. Lewis The PRESIDING OFFICER. The ation of S. 3711, introduced earlier To be environmental health officer clerk will report the bill by title. The legislative clerk read as follows: today. Brian L. Lewelling The PRESIDING OFFICER. The A bill (H.R. 6859) to designate the facility Mathew J. Thomas clerk will report the bill by title. John T. Whitesides of the United States Postal Service located at 1501 South Slappey Boulevard in Albany, The legislative clerk read as follows: To be senior assistant environmental health A bill (S. 3711) to authorize a cost of living officer Georgia, as the ‘‘Dr. Walter Carl Gordon, Jr. Post Office Building.’’ adjustment for the Federal judiciary. Jeffrey T. Dickson There being no objection, the Senate There being no objection, the Senate Molly E. Patton proceeded to consider the bill. To be pharmacist proceeded to consider the bill. Mr. DORGAN. Mr. President, I ask Mr. REID. Mr. President, I rise to ex- Steven A. Labrozzi unanimous consent that the bill be press support for a bill introduced by Judy L. Rose myself, the minority leader, and others Jamie L. Shaddon read three times and passed, the mo- tion to reconsider be laid upon the to provide a cost-of-living salary ad- To be senior assistant pharmacist table, with no intervening action or de- justment to Federal judges. Kristina J. Ballinger bate, and any statements relating The Framers of our Constitution Jefferson Fredy were men of great vision and foresight. Katie E. Johnson thereto be printed in the RECORD. The PRESIDING OFFICER. Without One of their great innovations was the Randi R. Lanier establishment of an independent judici- Jeffrey J. Mallette objection, it is so ordered. Lori B. Moore The bill (H.R. 6859) was ordered to a ary, which is to function as a coequal Allison M. Paynter third reading, was read the third time, branch of government. Vincent S. Sansone and passed. The Framers knew that justice and Courtney M. Suggs the rule of law would only prevail if f Judith B. Thompson judges are free from executive and leg- Leo B. Zadecky JOSEPH A. RYAN POST OFFICE islative interference. In order to pre- To be senior assistant therapist BUILDING serve the autonomy of judges, the James M. Cowher Mr. DORGAN. Mr. President, I ask Framers established safeguards. One of To be health services officer director unanimous consent that the Com- these safeguards was the assurance Clifford D. Brown mittee on Homeland Security and Gov- that judicial pay could not be dimin- To be health services officer ernmental Affairs be discharged from ished during a judge’s service on the bench. This safeguard was important Irwin W. Fish further consideration of S. 3681 and enough that it was included in the first To be senior assistant health services officer that the Senate proceed to its imme- diate consideration. section of article III of the Constitu- Julia H. Bryan The PRESIDING OFFICER. Without tion. Alnissa T. Carter Unfortunately, in terms of real dol- Michael C. Clay objection, it is so ordered. Martha S. Fermin The clerk will report the bill by title. lars, we in Congress have allowed judi- Lori A. Goodman The legislative clerk read as follows: cial pay to dwindle. Since 1969, the sal- Rachael Trimpert Schmidt A bill (S. 3681) to designate the facility of aries of Federal judges have signifi- Cameron C. Scott the United States Postal Service located at cantly declined when adjusted for in- Michael R. Tilus 5070 Vegas Valley Drive in Las Vegas, Ne- flation. The Office of the United States Emily J. Williams vada, as the ‘‘Joseph A. Ryan Post Office Courts estimates judicial pay has de- To be junior assistant health services officer Building.’’ clined by 25 percent. Kristi R. Anderson There being no objection, the Senate Preserving judicial integrity is a bi- Keren Arkin proceeded to consider the bill. partisan goal. Earlier this Congress a

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.033 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10769 bipartisan bill was put forward which Federal judges consistent with the law table, and that any statements relating would have given judges a long-awaited and with fairness. I hope that this to the bill be printed in the RECORD. pay raise. The Federal Judicial Salary measure, providing judges with a COLA The PRESIDING OFFICER. Without Restoration Act of 2008 would have for fiscal year 2009, can pass by both objection, it is so ordered. brought judicial salaries more closely sides of the aisle by unanimous con- The bill (S. 3711) was ordered to be in line with what the position merits. sent. I had sincerely hoped that we engrossed for a third reading, was read Although this bill had support on both could have passed a more comprehen- the third time, and passed, as follows: sides of the aisle, we were unable to sive judicial pay bill this Congress S. 3711 pass it this year. We will return to that given all the work we dedicated to the Be it enacted by the Senate and House of Rep- proposal in the very near future. issue in the Judiciary Committees of resentatives of the United States of America in The bill we have introduced today both the Senate and the House of Rep- Congress assembled, simply provides a cost-of-living in- resentatives but at a minimum we SECTION 1. COST OF LIVING ADJUSTMENT FOR crease for this year. I favor a proposal, should not allow judicial salaries to THE FEDERAL JUDICIARY. included in the Salary Restoration Act, slip even further behind. Pursuant to section 140 of Public Law 97– which would guarantee judges a cost- Mr. BINGAMAN. Mr. President, a 92, justices and judges of the United States of-living adjustment every year. But at strong and independent judiciary is es- are authorized during fiscal year 2009 to re- the very least, we must provide such an ceive a salary adjustment in accordance with sential to the administration of justice section 461 of title 28, United States Code. increase for this year. in our country. Between 1993 and 2001, the Federal ju- It is my understanding that the Sen- f diciary has received only three out of ate has been unable to clear bipartisan MAKING A TECHNICAL CORREC- eight proposed cost-of-living adjust- legislation introduced by Senators TION TO THE PAUL WELLSTONE ments. Because of Congress’s failure to REID and MCCONNELL which would re- AND PETE DOMENICI MENTAL act, judicial pay has declined relative peal the requirement that Congress to the rest of the economy, and judicial HEALTH PARITY AND ADDICTION specially authorize a cost-of-living in- EQUITY ACT OF 2008 independence is threatened. It is time crease each year for the Federal judici- Mr. DORGAN. Mr. President, I ask we stop allowing judicial pay to dimin- ary. Repealing this provision, which is unanimous consent that the Senate ish. known as section 140, would in essence If we are to preserve the judicial proceed to the immediate consider- ensure that Federal judges are treated independence envisioned by our coun- ation of S. 3712 introduced earlier in the same manner as Members of try’s Founders, we must not allow judi- today by Senator KENNEDY. Congress regarding salary adjustments. cial pay to continue to ebb. Passage of I am disappointed that this bipar- The PRESIDING OFFICER. The this bill would be a small downpay- tisan effort is being blocked, but I am clerk will report the bill by title. ment on the more meaningful steps we pleased that the Senate is expected to The legislative clerk read as follows: need to take to treat judges with the pass another measure, which I have co- A bill (S. 3712) to make technical correc- respect they deserve. sponsored, that would provide a cost- tions in the Paul Wellstone and Pete Domen- Mr. LEAHY. Mr. President, at the ici Mental Health Parity and Addiction Eq- very beginning of the 110th Congress, I of-living increase to judges for at least uity Act of 2008. joined with Senators REID, SPECTER, the next year. Without this fix, Mem- bers of Congress will receive a COLA There being no objection, the Senate FEINSTEIN, and CORNYN to pass legisla- proceeded to consider the bill. tion to authorize a cost-of-living ad- increase in January along with most of the Federal workforce, but not the ju- Mr. DORGAN. Mr. President, I ask justment, COLA, for the salaries of unanimous consent that the bill be U.S. Justices and judges for fiscal year diciary. I don’t see any reasonable jus- tification for giving Members of Con- read three times and passed, the mo- 2007. Now as we wrap up this session, tion to reconsider be laid upon the we are again compelled to take reme- gress and the Federal workforce a cost- of-living increase and denying the judi- table, with no intervening action or de- dial action, because a COLA for our bate, and that any statements related Federal judiciary was not included in ciary a similar adjustment. There are ongoing discussions about to the bill be printed in the RECORD. the continuing resolution for fiscal The PRESIDING OFFICER. Without year 2009. the extent we should provide for an overall increase in judicial compensa- objection, it is so ordered. Earlier today, we attempted to pass a The bill was ordered to be engrossed bipartisan bill to repeal the section of tion, but the issue we are discussing today isn’t about making major adjust- for a third reading, was read the third the U.S. Code that is a barrier to Fed- time, and passed, as follows: eral judges receiving an automatic ments to judicial salaries. I support re- cost-of-living adjustment. The Admin- forming judicial salaries, and I hope S. 3712 istrative Office of the United States the next Congress will be able to pass Be it enacted by the Senate and House of Rep- Courts notes that when adjusted for in- legislation to this end, but in the resentatives of the United States of America in Congress assembled, flation the pay rate for Federal judges meantime I believe it is important that we don’t deny the judiciary a reason- SECTION 1. TECHNICAL CORRECTION IN MENTAL has declined by 25 percent since 1969. In HEALTH PARITY EFFECTIVE DATE. able cost-of-living increase. 1975, Congress enacted the Executive Section 512(e)(2)(B) of the Paul Wellstone Salary Cost-of-Living Adjustment Act, Leaving the judiciary behind would and Pete Domenici Mental Health Parity and intended to give judges, Members of be wrongheaded and shortsighted. By Addiction Equity Act of 2008 (subtitle B of Congress, and other high-ranking exec- denying these dedicated public serv- title V of division C of Public Law 110-343) is utive branch officials automatic ants adequate compensation, we are amended by striking ‘‘January 1, 2009’’ and COLAs as accorded other Federal em- making it more difficult to attract and inserting ‘‘January 1, 2010’’. ployees unless rejected by Congress. retain judges of the highest caliber. f However, in 1981, Congress enacted sec- I would also like to note my appre- tion 140 of Public Law 97–92, mandating ciation for the majority leader’s efforts SHORT-TERM ANALOG FLASH AND specific congressional action to give to address this issue. Although at- EMERGENCY READINESS ACT COLAs to judges. This action has re- tempts to repeal section 140 have Mr. DORGAN. Mr. President, I ask sulted in judges failing to receive a stalled at this point, I know Senator unanimous consent that the Commerce cost-of-living adjustment when other REID, along with Senator LEAHY, are Committee be discharged from further Federal employees have received one. committed to ensuring that we main- consideration of S. 3663 and the Senate Unfortunately, there was an objection tain a strong judiciary and to enacting proceed to its consideration. on the other side of the aisle that pre- necessary reforms. I will continue to do The PRESIDING OFFICER. Without vented passage of the measure to re- everything I can to support these ef- objection, it is so ordered. The clerk peal this antiquated section and to en- forts. will report the bill by title. sure that the wages of our Federal Mr. DORGAN. Mr. President, I ask The legislative clerk read as follows: judges can keep up with inflation. unanimous consent that the bill be A bill (S. 3663) to require the Federal Com- The bipartisan legislation we are now read a third time and passed, the mo- munications Commission to provide for a trying to move provides a COLA for tion to reconsider be laid upon the short-term extension of the analog television

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.025 S20NOPT1 jbell on PROD1PC69 with SENATE S10770 CONGRESSIONAL RECORD — SENATE November 20, 2008 broadcasting authority so that essential pub- sumers can adapt their TV will be to far better managed and far better lic safety announcements and digital tele- buy a digital-to-analog converter box planned. But at this point, we must vision transition information may be pro- to hook up to their analog television focus on fixing it, not laying blame. vided for a short time during the transition set. While seemingly a highly technical Last night, I asked unanimous con- to digital television broadcasting. issue to some, this is no small matter sent for the Senate to take up S. 3663, There being no objection, the Senate to the 10–13 million Americans who the Short-term Analog Flash and proceeded to consider the bill. might well lose their TV signal on Feb- Emergency Readiness Act, as amended. Mr. ROCKEFELLER. Mr. President, I ruary 18th of next year. This piece of legislation will help make rise today to discuss a very important I firmly believe that our Nation is sure those consumers who fail to make change that is set to occur all across not ready to make this transition with- the DTV transition by February 17, America on February 17, 2009: The final out substantially more involvement 2009 are not left without access to switch from analog to digital broadcast from every level of government, the en- emergency information. This bill will television called the DTV, or Digital tire communications industry, and also allow those consumers to under- TV, Transition. willing community organizations stand what steps they need to take in In many respects this is not a new across America. At present, most ex- order to restore their television signals issue. The wheels have been in motion perts agree that the transition will un- by allowing an analog signal to con- on this change since 2005—spurred by leash a massive amount of consumer tinue to be broadcast in each regional the horrible tragedy of September 11th confusion. And when people are cut off market for an additional 30 days past which starkly highlighted our des- from their televisions, it is not just a February 17th. perate need for a national, interoper- matter of convenience, but it is a mat- Let me be clear: This bill is far from able communications network. The ter of public safety. We simply cannot a silver bullet that will fix all the prob- transition to digital TV will free up stand by and let people lose access to lems associated with the transition. spectrum for public safety use so the emergency alerts and public safety I can assure my colleagues that the national emergency communications communications. new Democratic leadership in Congress network America needs can be put in I am especially concerned because and the White House is committed to place. this transition is going to hit our most protecting the American consumer. But there have been serious concerns vulnerable citizens—the poor, the el- Over the next few months, I will work about our readiness to make the shift derly, the disabled, and those with lan- with my colleagues on a more com- to digital TV, and several of my col- guage barriers—the hardest. We risk prehensive plan of action to make sure leagues and I have been raising red leaving those who are most reliant on millions of Americans receive the sup- flags about them for years now. Not be- over-the-air broadcast television for port and assistance they need to make cause we believe the change is a mis- their contact with the outside world this transition. take, but because we believe that not literally in the dark. These consumers Mr. DORGAN. Mr. President, I ask enough has been done to prepare, to are disproportionately rural. unanimous consent that a Rockefeller educate, and to help American con- In 2005, the outgoing administration substitute amendment which is at the sumers so that the screens on their tel- and its proponents decided to leave al- desk be agreed to; the bill be read a evision sets do not go black 88 days most all of the implementation of the third time and passed; the motions to from now. transition to the private sector—broad- reconsider be laid upon the table, with What is the change from analog to casters, cable and satellite companies, no intervening action or debate; and digital broadcast? Over-the-air broad- and consumer electronics retailers. any statements related to the bill be casters will send their signal over dig- While there are claims that hundreds placed in the RECORD. ital spectrum, not analog spectrum of millions of private sector dollars The PRESIDING OFFICER. Without that is currently used. The change have been spent making Americans objection, it is so ordered. won’t affect consumers with cable or aware of the DTV transition, it seems The amendment (No. 5698) was agreed satellite TV or those who have a con- that most Americans have no idea to, as follows: verter box for their older analog TV what it really is even if they have (Purpose: To provide for the short-term set. And the switch to digital will im- heard of it. New surveys suggest more partial extension of analog broadcasting) prove the definition and clarity of the consumers are growing aware of the SECTION 1. SHORT TITLE. TV picture. transition, but that consumers remain This Act may be cited as the ‘‘Short-term Why are we making this change? Pri- confused about what steps they need to Analog Flash and Emergency Readiness marily to modernize our airwaves and take to get ready for it. Consumer Re- Act’’. use the more efficient digital spectrum ports has found that 63 percent have SEC. 2. COMMISSION ACTION REQUIRED. for a smarter use of our limited spec- major misconceptions about what steps (a) PROGRAM REQUIRED.—Notwithstanding trum resources for the public good. The they need to take to prepare. any other provision of law, the Federal Com- change will, again, free up critically The recent DTV transition test mar- munications Commission shall, not later needed spectrum so that we can move ket of Wilmington, NC demonstrated than January 15, 2009, develop and imple- toward the nationally interoperable that, even with extraordinary levels of ment a program to encourage and permit, to public safety communications network the extent technically feasible and subject to outreach, some still did not know any- such limitations as the Commission finds to we need. It will also allow over-the-air thing about the DTV transition. I be consistent with the public interest and broadcasters to offer new and innova- would note that Wilmington received the requirements of this Act, the broad- tive programming and provide new far more attention than any market in casting in the analog television service of spectrum for wireless technologies. West Virginia is likely to receive, or only the public safety information and dig- The DTV Act was enacted as part of any other part of the country for that ital transition information specified in sub- the Deficit Reduction Act of 2005. It di- matter. section (b) during the 30-day period begin- rects the Federal Communications Even in the test market, several ning on the day after the date established by Commission, FCC, to require all full law under section 3002(b) of the Digital Tele- thousand people called into the FCC for vision Transition and Public Safety Act of power television stations to cease ana- assistance—they could not set up their 2005 for termination of all licenses for full- log broadcasting following February 17, converter box, they could not receive power television stations in the analog tele- 2009. That day is 88 days from now. certain digital signals, or their anten- vision service and the cessation of broad- What this means—and let me be very nae needed adjustment—just to name a casting by full-power stations in the analog clear—is that any consumer with tradi- few of the problems. Consumers, espe- television service. tional analog televisions—regular TV cially the elderly and those with lim- (b) INFORMATION REQUIRED.—The program sets that use an antenna to get a sig- ited English proficiency, are going to required by subsection (a) shall provide for nal—will not be able to watch free, the broadcast of— need help in managing the transition. (1) emergency information, including crit- over-the-air television without taking On February 18, 2009, those thousands ical details regarding the emergency, as one of three steps to adapt their TV to of calls will become millions. broadcast or required to be broadcast by full- receive a digital signal. The most com- There is no question the transition to power stations in the digital television serv- mon and least expensive way that con- DTV could have and should have been ice;

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.097 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10771 (2) information, in both English and Span- Mr. DORGAN. Mr. President, I ask ferred to as the ‘‘eastern Atlantic and Medi- ish, and accessible to persons with disabil- unanimous consent that the concur- terranean stock’’); ities, concerning— rent resolution be agreed to, the mo- Whereas, despite scientific recommenda- (A) the digital television transition, in- tions to reconsider be laid upon the tions intended to maintain bluefin tuna pop- cluding the fact that a transition has taken ulations at levels that will permit the max- place and that additional action is required table, and that any statements related imum sustainable yield and ensure the fu- to continue receiving television service, in- to the concurrent resolution be printed ture of the stocks, the total allowable catch cluding emergency notifications; and in the RECORD. quotas have been consistently set at levels (B) the steps required to enable viewers to The PRESIDING OFFICER. Without significantly higher than the recommended receive such emergency information via the objection, it is so ordered. levels for the eastern Atlantic and Medi- digital television service and to convert to The concurrent resolution (H. Con. terranean stock; receiving digital television service, including Res. 435) was agreed to. Whereas despite the establishment by the a phone number and Internet address by Commission of fishing quotas based on total f which help with such transition may be ob- allowable catch levels for the eastern Atlan- tained in both English and Spanish; and THE ADOPTION OF BLUEFIN TUNA tic and Mediterranean bluefin tuna fishery (3) such other information related to con- CONSERVATION AND MANAGE- that exceed scientific recommendations, sumer education about the digital television MENT MEASURES compliance with such quotas by parties to transition or public health and safety or the Convention that harvest that stock has emergencies as the Commission may find to Mr. DORGAN. Mr. President, I ask been extremely poor, most recently with be consistent with the public interest. unanimous consent that the Commerce harvests exceeding such total allowable SEC. 3. LIMITATIONS. Committee be discharged from further catch levels by more than 50 percent for each In designing the program required by this consideration of S. Res. 709 and the of the last 4 years; Act, the Commission shall— Senate proceed to its immediate con- Whereas insufficient data reporting in (1) take into account market-by-market sideration. combination with unreliable national catch needs, based upon factors such as channel The PRESIDING OFFICER. The statistics has frequently undermined efforts and transmitter availability; by the Commission to assign quota overhar- (2) ensure that broadcasting of the pro- clerk will report the resolution by vests to specific countries; gram specified in section 2(b) will not cause title. Whereas the failure of many Commission harmful interference with signals in the dig- The legislative clerk read as follows: members fishing east of 45 degrees west lon- ital television service; A resolution (S. Res. 709) expressing the gitude to comply with other Commission rec- (3) not require the analog television serv- sense of the Senate that the United States ommendations to conserve and control the ice signals broadcast under this Act to be re- should pursue the adoption of bluefin tuna overfished eastern Atlantic and Mediterra- transmitted or otherwise carried pursuant to conservation and management measures at nean bluefin tuna stock has been an ongoing section 325(b), 338, 339, 340, 614, or 615 of the the 16th Special Meeting of the International problem; Communications Act of 1934 (47 U.S.C. 325(b), Commission on the Conservation of Atlantic Whereas the Commission’s Standing Com- 338, 339, 340, 614, or 615); Tunas. mittee on Research and Statistics noted in (4) take into consideration broadcasters’ There being no objection, the Senate its 2006 report that the fishing mortality rate digital power levels and transition and co- for the eastern Atlantic and Mediterranean ordination plans that already have been proceeded to consider the resolution. stock may be more than 3 times the level adopted with respect to cable systems and Mr. DORGAN. Mr. President, I ask that would permit the stock to stabilize at satellite carriers’ systems; unanimous consent that the resolution the maximum sustainable catch level, and (5) prohibit any broadcast of analog tele- be agreed to, the preamble be agreed continuing to fish at the level of recent vision service signals under section 2(b) on to, the motions to reconsider be laid years ‘‘is expected to drive the spawning bio- any spectrum that is approved or pending ap- upon the table with no intervening ac- mass to a very low level’’ giving ‘‘rise to a proval by the Commission to be used for pub- tion or debate, and any statements re- high risk of fishery and stock collapse’’; lic safety radio services, including television lated to the resolution be printed in Whereas the Standing Committee’s 2008 re- channels 14-20; and port recommended that the annual harvest (6) not include the analog spectrum be- the RECORD. levels for eastern Atlantic and Mediterra- tween channels 52 and 69, inclusive (between The PRESIDING OFFICER. Without nean bluefin tuna be reduced from 32,000 frequencies 698 and 806 megahertz, inclusive) objection, it is so ordered. metric tons to 15,000 metric tons or less to reclaimed from analog television broad- The resolution (S. Res. 709) was halt decline of the resource and initiate re- casting pursuant to section 309(j) of the Com- agreed to. building; munications Act of 1934 (47 U.S.C. 309(j)). The preamble was agreed to. Whereas the Standing Committee has stat- SEC. 4. DEFINITIONS. The resolution, with its preamble, ed that time and area closures could greatly As used in this Act, the term ‘‘emergency reads as follows: facilitate the implementation and moni- information’’ has the meaning such term has toring of rebuilding strategies and rec- under part 79 of the regulations of the Fed- S. RES. 709 ommended a closure of the Mediterranean eral Communications Commission (47 C.F.R. Whereas Atlantic bluefin tuna fishery is Sea in May, June, and July, as well as a min- part 79). valuable commercially and recreationally in imum size limit of 25 kilograms; The bill (S. 3663), as amended, was or- the United States and many other countries; Whereas in 2006, the Commission adopted Whereas the International Convention for the ‘‘Recommendation by ICCAT to Estab- dered to be engrossed for a third read- the Conservation of Atlantic Tunas entered lish a Multi-Annual Recovery Plan for ing, was read the third time, and into force on March 21, 1969; Bluefin Tuna in the eastern Atlantic and passed. Whereas the Convention established the Mediterranean’’ containing a wide range of f International Commission for the Conserva- management, monitoring, and control meas- tion of Atlantic Tunas to coordinate inter- ures designed to facilitate the recovery of AUTHORIZING THE USE OF national research and develop, implement, the eastern Atlantic and Mediterranean EMANCIPATION HALL and enforce compliance of the conservation bluefin tuna stock; Mr. DORGAN. Mr. President, I ask and management recommendations on the Whereas the Recovery Plan is inadequate unanimous consent that the Senate Atlantic bluefin tuna and other highly mi- and allows overfishing and stock decline to proceed to the immediate consider- gratory species in the Atlantic Ocean and continue, and initial information indicates the adjacent seas, including the Mediterra- that implementation of the plan in 2007 by ation of H. Con. Res. 435 received from nean Sea; many eastern Atlantic and Mediterranean the House. Whereas in 1974, the Commission adopted bluefin tuna harvesting countries has been The PRESIDING OFFICER. The its first conservation and management rec- poor; clerk will report the concurrent resolu- ommendation to ensure the sustainability of Whereas since 1981, the Commission has tion by title. Atlantic bluefin tuna throughout the Atlan- adopted additional and more restrictive con- The legislative clerk read as follows: tic Ocean and Mediterranean Sea, while al- servation and management recommenda- A concurrent resolution (H. Con. Res. 435) lowing for the maximum sustainable catch tions for the western Atlantic bluefin tuna authorizing the use of Emancipation Hall on for food and other purposes; stock, and these recommendations have been December 2, 2008, for ceremonies and activi- Whereas in 1981, for management purposes, implemented by Nations fishing west of 45 ties held in connection with the opening of the Commission adopted a working hypoth- degrees west longitude, including the United the Capitol Visitor Center to the public. esis of 2 Atlantic bluefin tuna stocks, with 1 States; occurring west of 45 degrees west longitude Whereas despite adopting, fully imple- There being no objection, the Senate (hereinafter referred to as the ‘‘western At- menting, and complying with a science-based proceeded to consider the concurrent lantic stock’’) and the other occurring east rebuilding program for the western Atlantic resolution. of 45 degrees west longitude (hereinafter re- bluefin tuna stock by countries fishing west

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.026 S20NOPT1 jbell on PROD1PC69 with SENATE S10772 CONGRESSIONAL RECORD — SENATE November 20, 2008 of 45 degrees west longitude, catches and The PRESIDING OFFICER. Without CONGRATULATING THE PHILADEL- catch rates remain very low; objection, it is so ordered. PHIA PHILLIES ON WINNING THE Whereas many scientists believe that mix- The resolution (S. Res. 711) was 2008 WORLD SERIES ing occurs between the western Atlantic agreed to. bluefin tuna stock and the eastern Atlantic Mr. DORGAN. Mr. President, I ask and Mediterranean stock, and as such, poor The preamble was agreed to. unanimous consent that the Senate management and noncompliance with rec- The resolution, with its preamble, proceed to the consideration of S. Res. ommendations for one stock are likely to reads as follows: 712, which was submitted earlier today. have an adverse effect on the other stock; S. RES. 711 The PRESIDING OFFICER. The and Whereas a child from Somalia, identified clerk will report the resolution by Whereas additional research on stock mix- as Aisha Ibrahim Duhulow, was raped by 3 title. ing will improve the understanding of the re- men, and when her family reported the rape lationship between eastern and western The legislative clerk read as follows: to authorities of the al-Shabaab militia that A resolution (S. Res. 712) congratulating bluefin tuna stocks and other fisheries, control the city of Kismayu, Somalia, she which will assist in the conservation, recov- the Philadelphia Phillies on winning the 2008 was accused of adultery and ordered to be ery, and management of the species through- World Series. stoned; out its range: Now, therefore, be it There being no objection, the Senate Resolved, That it is the sense of the Senate Whereas, in October 2008, Aisha Ibrahim Duhulow was stoned to death by 50 militant proceeded to consider the resolution. that the United States delegation to the 16th Mr. SPECTER. Mr. President, I have Special Meeting of the International Com- men before 1,000 witnesses in a public sta- mission for the Conservation of Atlantic dium; sought recognition to submit a resolu- Tunas, should— Whereas al-Shabaab, some of whose mem- tion congratulating the Philadelphia (1) pursue a meaningful assessment of bers are affiliated with al Qaeda, is a violent Phillies on winning the 2008 World Se- Commission member compliance with the and brutal extremist group that has used in- ries. On October 29, 2008, the Phillies ‘‘Recommendation by ICCAT to Establish a timidation and committed human rights vio- defeated the Tampa Bay Rays 4 to 3 in Multi-Annual Recovery Plan for Bluefin lations to undermine the Transitional Fed- Game 5 to secure a World Series title eral Government of Somalia and threaten ac- Tuna in the eastern Atlantic and Mediterra- for the first time since 1980 and second nean’’ (Recommendation 06–05), including tivists in civil society working to bring seeking detailed explanations from Commis- about peace through political dialogue and time in team history. sion members that have failed to effectively reconciliation; This historic victory was the cul- implement the terms of the recommenda- Whereas, on February 29, 2008, Secretary of mination of a hard-fought 2008 regular tion; State Condoleezza Rice designated al- season and an exhilarating postseason (2) pursue the adoption by the Commission Shabaab as a foreign terrorist organization run for the Phillies. On September 27, of measures designed to eliminate non-com- pursuant to section 219 of the Immigration the Phillies beat the Washington Na- pliance, including, as appropriate, deducting and Nationality Act (8 U.S.C. 1189) and tionals to clinch the National League placed the organization on the list of spe- a portion of a future quota for a party to East Division for the second consecu- compensate for such party exceeding its cially designated global terrorists estab- quota in prior years, and where appropriate, lished under the International Emergency tive year. They would go on to defeat steps should be taken to link non-compli- Economic Powers Act and initiated under the Milwaukee Brewers and Los Ange- ance with reductions in fishery or market Executive Order 13224; les Dodgers in the Division Series and access; Whereas the 2007 Country Report on National League Championship Series, (3) seek a temporary suspension of the Human Rights Practices in Somalia, re- respectively, to advance to their first eastern Atlantic and Mediterranean bluefin leased on March 11, 2007, by the Department World Series since 1993. tuna fishery, including all trade, if signifi- of State, cited the ‘‘poor human rights situa- In the World Series, the Phillies cant progress toward establishing science- tion’’ in Somalia, including ‘‘unlawful and faced a young and talented Tampa Bay politically motivated killings, official impu- based management measures, improving Rays team, led by Manager, and Penn- monitoring and control measures, and ad- nity, and discrimination and violence dressing compliance issues is not made at against women’’; sylvania native, Joe Maddon. With the Commission this year; Whereas stoning is a grave and serious vio- strong performances from their start- (4) seek to strengthen the conservation and lation of human rights law, in which the vic- ing pitchers, an outstanding bullpen management of the eastern Atlantic and tim is killed in an especially brutal way; and well-timed hitting, the Phillies Mediterranean bluefin tuna by making rec- Whereas stoning is practiced particularly beat the Rays in five games to clinch ommendations to halt the decline of the on girls and women accused of adultery; the title. stock and begin to rebuild it, including re- Whereas the United States Commission on On behalf of the Senate and as an ar- ducing annual harvest levels so that they do International Religious Freedom has con- dent Phillies fan myself, I congratulate demned the death of Aisha Ibrahim Duhulow not exceed recommendations of the Standing the Philadelphia Phillies on winning Committee and expanding the time and area and called on the United States Government closure for the Mediterranean purse seine to join other states in speaking out deci- the 2008 World Series and bringing to fleet to include May, June, and July; and sively in international fora against such my hometown of Philadelphia a major (5) pursue additional research on the rela- grave human rights abuses; and sports championship for the first time tionship between the western Atlantic and Whereas the United States Government in 25 years. In particular, I offer my eastern Atlantic and Mediterranean bluefin continues to support the efforts of those heartfelt congratulations to manager tuna stocks and the extent to which the pop- working to transform the troubled region of Charlie Manuel, who, since taking the ulations intermingle. Somalia through commitment to sound helm as manager in 2005, has guided human rights practices, democratic and rep- f resentative government, economic recovery, this young Phillies team to become the CONDEMNING STONING IN and lasting peace and reconciliation: Now, best in Major League Baseball. Further SOMALIA therefore, be it due special recognition is 24-year-old Resolved, That the Senate— Mr. DORGAN. Mr. President, I ask pitcher Cole Hamels, who was named (1) condemns the tragic and senseless death the Most Valuable Player for both the unanimous consent that the Senate by stoning of Aisha Ibrahim Duhulow; proceed to the consideration of S. Res. National League Championship Series (2) urges the international community to and World Series with a 4–0 record and 711, which was submitted earlier today. join the Senate in speaking out against this The PRESIDING OFFICER. The brutal act; and 1.80 earned run average in the clerk will report the resolution by (3) urges the Transitional Federal Govern- postseason. title. ment of Somalia— Also deserving of much praise are the The legislative clerk read as follows: (A) to undertake robust efforts to protect 2008 American League Championship A resolution (S. Res. 711) condemning the women and children and to prevent acts of Rays. Though they had endured 10 con- tragic and senseless death by stoning of a 13- institutionalized violence against women in secutive losing seasons and the worst year-old girl from Somalia. Somalia; record in baseball last season, the Rays There being no objection, the Senate (B) to work to strengthen the rule of law as won their division and the 2008 Amer- part of the effort by the Transitional Federal ican League Championship Series. The proceeded to consider the resolution. Government of Somalia to establish its au- Mr. DORGAN. Mr. President, I ask thority; Rays have a bright future and I wish unanimous consent that the resolution (C) to promote equal and fair treatment of them continued success. be agreed to, the preamble be agreed women; and Finally, and perhaps more impor- to, and the motions to reconsider be (D) to end the culture of impunity in So- tantly, I congratulate all Phillies fans, laid upon the table. malia. who could finally enjoy that parade

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.028 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10773 down Broad Street they so well de- Feliz; veteran outfielder Pat Burrell; 2008 I traveled last year to the very re- serve. Philadelphia sports fans have Gold Glove winner, the ‘‘Flyin’ Hawaiian’’, gion, North Kivu Province, where this consistently demonstrated their love Shane Victorino; outfielder Jayson Werth; violence is taking place and saw first- for and devotion to Philadelphia teams, and catcher Carlos Ruiz; hand the grave suffering of people who Whereas numerous reserve players made have lived through a decade of conflict even after 25 years without winning a significant contributions to the Phillies’ major sports championship. While we World Series title run, including Geoff Jen- and humanitarian crisis. The numbers have a reputation of being somewhat kins, Chris Coste, Eric Bruntlett, Greg are staggering: an estimated 5.4 million rough around the edges, Philadelphia Dobbs, and Matt Stairs; and deaths over the last decade and 1,500 fans are enthusiastic about sports and Whereas more than 1,000,000 fans packed people still dying each day. In addition, fiercely loyal to our teams. We also the streets of Philadelphia on October 31, millions have been displaced from their have a reputation for not resting on 2008 for a parade along Market and Broad homes, living in squalid camps where our laurels and demanding a lot from Streets ending at Citizens Bank Park; children are subject to forced recruit- those players and coaches privileged to Now, therefore, be it ment and women suffer unspeakable Resolved, That the Senate— wear our teams’ uniforms. I therefore levels of sexual violence. (1) congratulates— In my travels to many parts of Africa urge my Phillies to keep fighting and (A) the Philadelphia Phillies for winning bring home another title next year. the 2008 World Series; over the years, the suffering of women Mr. DORGAN. Mr. President, I ask (B) the Phillies manager, coaches, and sup- and girls in eastern Congo particularly unanimous consent that the resolution port staff, whose commitment to the Phillies stands out. I met with women and girls be agreed to, the preamble be agreed franchise has sustained this proud organiza- who had been gang raped, often leaving to, and the motions, to reconsider be tion and allowed the team to reach the pin- them with irreparable physical and laid upon the table. nacle of success in 2008; psychological damage. I met with The PRESIDING OFFICER. Without (C) all Phillies fans, whose tenacity, perse- women who had lost their husbands, objection, it is so ordered. verance, and enthusiasm are matched only their homes, and their livelihoods and by that of the team to which the fans are The resolution (S. Res. 712) was yet against all odds they refused to dedicated; and give up—if only for the sake of their agreed to. (D) the Tampa Bay Rays on an outstanding The preamble was agreed to. 2008 season; and children. There may be no worse place The resolution, with its preamble, (2) directs the Secretary of the Senate to to be female than eastern Congo. And reads as follows: transmit an enrolled copy of this resolution yet it is the strength of these women S. RES. 712 to— that continues to give hope. Whereas, on October 29, 2008, the Philadel- (A) Phillies manager Charlie Manuel; The renewed fighting in eastern phia Phillies defeated the Tampa Bay Rays (B) Phillies general manager Ruben Congo is worrisome not only because it to win the 2008 World Series; Amaro, Jr.; will further exacerbate this humani- Whereas the 4 to 3 Phillies victory in Game (E) Phillies advisor Pat Gillick. tarian tragedy, but also because it 5 of the Fall Classic secured for Philadelphia f risks engulfing the neighboring coun- a World Series title for the first time since tries in a new regional war. Last 1980, and for the second time in team his- CALLING FOR A CEASEFIRE AND LASTING SOLUTION TO THE CRI- month, the Congolese Government ac- tory; cused Rwanda of sending troops across Whereas the Tampa Bay Rays deserve con- SIS IN THE DEMOCRATIC REPUB- gratulations for a stellar 2008 season, in LIC OF CONGO the border in support of Nkunda’s forces. The rebels in turn have recently which, after 10 consecutive losing seasons, Mr. DORGAN. Mr. President, I ask they posted a regular season record of 97–65 alleged that Angolan and even and won the American League Championship unanimous consent that the Senate Zimbabwean troops are supporting the Series; proceed to the immediate consider- Congolese military. Despite vows by Whereas Tampa Bay Rays Manager and ation of S. Res. 713, which was intro- these governments to avoid another re- Hazelton, Pennsylvania-native Joe Maddon duced earlier today. gional conflict, tensions remain high. established himself as among the premier The PRESIDING OFFICER. The It is not hard to imagine a minor inci- managers in Major League Baseball during clerk will report the resolution by dent sparking a repeat of 1998 when at the 2008 season, and aptly was named Amer- title. least six neighboring countries were ican League Manager of the Year; The legislative clerk read as follows: Whereas Philadelphia sports fans have con- drawn into Congo’s war. sistently demonstrated their love for, and A resolution (S. Res. 713) calling on all par- Such a scenario would destabilize the devotion to, Philadelphia teams, even after ties to the escalating violence in the eastern Great Lakes region of Africa. Over re- 25 years without winning a major sports Democratic Republic of Congo to implement cent years, the United States and our championship; an immediate ceasefire and work with the international partners have made sig- Whereas, since taking the helm as manager support of the international community to- nificant investments—both financial in 2005, Phillies Manager Charlie Manuel has ward a comprehensive and lasting solution and diplomatic—to assist in consoli- to this crisis. guided the young Phillies team to become dating peace and restoring the rule of the best in Major League Baseball; There being no objection, the Senate law in this region. No one wants to see Whereas recently retired General Manager proceeded to consider the resolution. Pat Gillick, who joined the Phillies in 2006, those investments lost and the Mr. FEINGOLD. Mr. President, I wish progress made reversed, and we may played an integral role in assembling the to express my deep concern about the World Series-winning team; not have to. If we take bold and stra- Whereas 24-year old pitcher Cole Hamels rapidly deteriorating situation in the tegic action now, we can prevent a new was named the Most Valuable Player for eastern region of the Democratic Re- regional conflict and revive the peace both the National League Championship Se- public of Congo. Over recent weeks, process in eastern Congo. ries and the World Series, with a 4–0 record eastern Congo has been making inter- I was pleased that our top diplomat and 1.80 Earned Run Average in the post-sea- national headlines since new fighting for Africa, Jendayi Frazer, traveled to son; broke out between the Congolese mili- the region with high-level diplomats Whereas starting pitchers Cole Hamels, tary and rebels loyal to General from the UK and France 2 weeks ago. Brett Myers, Joe Blanton, and Souderton, Laurent Nkunda. The rebels overran Pennsylvania-native Jamie Moyer delivered In addition, UN Secretary General Ban outstanding performances throughout the several government military bases and Ki-Moon convened an emergency sum- post-season; major towns as they surrounded the mit of regional leaders in Nairobi. But Whereas the Phillies’ bullpen distinguished strategic city of Goma. Meanwhile, the this diplomatic engagement must re- itself as among the greatest in Major League Congolese military—a feckless force main consistent and get all key actors, Baseball, particularly closer Brad Lidge, who that often rapes and pillages the very including Rwanda, to commit to a finished the 2008 season with 48 out of 48 save people it is meant to protect—re- clear roadmap for implementing the al- opportunities, including the final game of treated, leaving UN peacekeepers to ready signed peace agreements. To be the World Series; fend off the rebels’ advance and at- Whereas the Phillies were led by a talented successful, we must also establish mon- and tough group of players including: 2006 tempt to protect civilians. Fortu- itoring and verification mechanisms to MVP Ryan Howard; All-Star Chase Utley; nately, the rebels stopped before hold the parties accountable and chal- 2007 MVP and 2007 and 2008 Gold Glove win- marching on Goma, but the situation lenge the continued culture of impu- ner Jimmy Rollins; third baseman Pedro remains extremely volatile. nity.

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.029 S20NOPT1 jbell on PROD1PC69 with SENATE S10774 CONGRESSIONAL RECORD — SENATE November 20, 2008 At the same time, while achieving a S. RES. 713 Whereas the United Nations Mission in political solution is vital to ending the Whereas the Democratic Republic of Congo Congo, known by its French acronym crisis in eastern Congo, the inter- was devastated by civil wars lasting from MONUC, has proven unable to protect civil- 1996 to 1997 and 1998 to 2003, spawning some ians in light of this new offensive by General national community should also take Nkunda’s forces, causing resentment and measures to help protect civilians and of the world’s worst human rights violations and involving at least 6 neighboring coun- protests by local communities; enforce a ceasefire in the short term. tries; Whereas allegations of troops from Angola, The UN Secretary General has called Whereas, despite the signing of a peace Rwanda, and Zimbabwe crossing into eastern for an additional 3,000 troops and police agreement and subsequent withdrawal of for- Congo have strained existing regional ten- specially trained and equipped for eign forces in 2003, eastern Congo has contin- sions and increased fears of a wider war that rapid response to reinforce the peace- ued to suffer from high levels of poverty, in- could draw other countries from the region keeping force in Congo, known by its security, and absent or inadequate institu- into the fighting, as happened in 1998; Whereas the United Nations’ Special Rep- French acronym MONUC. The United tions, allowing armed and criminal groups to operate freely; resentative of the Secretary-General for the States and other Security Council Whereas continuing abuses committed by Democratic Republic of Congo, Alan Doss, members should act immediately to the national military against civilians in and United Nations Secretary-General Ban fulfill those requests. In addition, the Congo and apparent ties between the mili- Ki-moon have called for more troops and bet- Security Council should clarify tary and armed groups in the region have ter capabilities for MONUC to stop the rebel MONUC’s mandate to prioritize civil- tainted attempts to restore the rule of law in offensive and protect civilians; ian protection and conflict prevention the eastern region of the country; Whereas United Nations Secretary-General Whereas, according to a study by the Inter- Ban Ki-moon traveled to Nairobi, Kenya, on in the east and ensure it is imple- November 7, 2008, and convened a summit of mented equally by all brigades. A re- national Rescue Committee released in Jan- uary 2008, the conflict and related humani- regional leaders, including the heads of state newed MONUC will not only save lives, tarian crises in the Democratic Republic of of the Democratic Republic of Congo and but can also deter military involve- Congo have taken the lives of an estimated Rwanda, which led to a joint statement call- ment from neighboring countries. 5,400,000 people since 1998 and continue to ing for an immediate ceasefire and the cre- Ultimately though, lasting peace in cause as many as 45,000 deaths each month; ation of humanitarian corridors; and Whereas sexual violence and rape remain a Whereas, in 2006, Congress passed the eastern Congo and the wider region Democratic Republic of the Congo Relief, Se- will require measures to transform the pervasive tool of warfare used by all parties in eastern Congo to terrorize communities, curity, and Democracy Promotion Act of underlying causes of conflict. The con- affecting hundreds of thousands of women 2006, which was signed into law by President tinued exploitation of Congo’s rich and girls and frequently resulting in trau- George W. Bush on December 22, 2006 (Public mineral base, particularly cassiterite, matic fistula and other severe genital inju- Law 109–456), stating that it is the policy of coltan, and gold, makes war a profit- ries; the United States to work for peace and se- able enterprise. The international com- Whereas the continued plunder and trade curity throughout the Democratic Republic of eastern Congo’s rich mineral base, notably of Congo by supporting efforts to protect ci- munity should work with governments vilians, to disarm illegal armed groups, and in the region to bring greater trans- cassiterite, coltan, and gold, by armed groups and members of the national military to hold accountable individuals, entities, and parency and regulation to the trade in make war profitable and undermine peace ef- countries working to destabilize the country: these minerals. The next administra- forts; Now, therefore, be it tion and Congress must look seriously Whereas the Governments of the Demo- Resolved, That the Senate— at how the United States can con- cratic Republic of Congo and Rwanda signed (1) condemns the continuing violence, forc- tribute meaningfully to this process as the Nairobi Communique´ in November 2007, ible recruitment of children as soldiers, and committing to work together to address the abuses against civilians in eastern Demo- it is a critical step toward the larger cratic Republic of Congo; goal of reforming Congo’s economic continued activity of the Democratic Forces for the Liberation of Rwanda and other (2) calls on the national military in Congo, and political institutions. armed groups operating in their shared bor- the National Congress for the Defense of the Congo has vast potential and its sta- der region; People, and all armed groups operating in bility can have a positive impact Whereas, on January 23, 2008, with the ac- eastern Congo to cease hostilities, end all across Africa. We have made notable tive support of the international community, human rights abuses, and respect an imme- progress in that direction over recent the Government of the Democratic Republic diate ceasefire based on the principles of the of Congo, and 22 armed groups in the eastern Goma agreement; years, but we are once again standing (3) calls on the Government of the Demo- at a precipice. In the face of a potential region signed the Goma accord, committing to an immediate ceasefire and buffer zones cratic Republic of Congo to meet its obliga- regional war, we can no longer rely on for troop disengagement and ultimately dis- tions under the Lusaka Agreement of 1999, piecemeal tactics and half-measures. It armament; the Pretoria Agreement of 2002, and the is time for a comprehensive and con- Whereas these agreements together pro- Nairobi Communique´ of 2007 to take action certed international effort to ensure vided the first working framework in years to end the threat posed by the Democratic protection and basic rights for all Con- for peace and lasting stability in eastern Forces for the Liberation of Rwanda; Congo, but a continued culture of impunity (4) calls on the Governments of the Demo- go’s people. It is for that reason that cratic Republic of Congo and Rwanda— I am today introducing a resolution and suspicion has impeded their implementa- tion; (A) to fully restore bilateral relations; calling for an immediate ceasefire in Whereas the United Nations reported more (B) to work together to mitigate escalating eastern Congo and a comprehensive so- than 200 violations of these agreements be- tensions in the region; and lution to this crisis. I am pleased to in- tween January and July of 2008, as well as (C) to break any ties that still exist be- troduce this resolution with the distin- 2,000 cases of rape and hundreds of people tween them and illegal armed groups in east- guished senior Senator from Kansas, killed; ern Congo; who has long been a champion on this Whereas hate speech inciting ethnic vio- (5) calls on all governments in the Great Lakes region of Africa and those of the issue, and I hope our colleagues will lence by local and national leaders in Congo continued during this period, feeding the Southern African Development Community join us in this urgent plea for peace. concerns and perceived insecurity of minor- to support a peaceful resolution to the crisis Mr. DORGAN. Mr. President, I ask ity Tutsi communities; while ensuring that the volatile situation unanimous consent that the resolution Whereas, since August 28, 2008, fighting has does not spark a wider regional war; be agreed to, the preamble be agreed resumed in North Kivu Province between the (6) supports the efforts of the United Na- to, and the motions to reconsider be national military and the forces of General tions Secretary-General, his newly appointed laid upon the table, with no inter- Laurent Nkunda, known as the National United Nations Special Envoy, former Presi- vening action or debate, and that any Congress for the Defense of the People, the dent of Nigeria Olusegun Obasanjo, and the latter of which has taken control of several international facilitation team to bring all statements related to the measure be government military bases and major towns parties to the negotiating table and establish printed in the RECORD. around the city of Goma; a clear roadmap to implement the signed The PRESIDING OFFICER. Without Whereas, according to Human Rights peace agreements; objection, it is so ordered. Watch, an estimated 250,000 people have been (7) encourages the international commu- The resolution (S. Res. 713) was forced to flee their homes as a result of this nity to take immediate measures to enhance agreed to. renewed fighting in eastern Congo, often the effectiveness of the United Nations Mis- without access to shelter, water, food, and sion in Congo to protect civilians, specifi- The preamble was agreed to. medicine, and adding to the over 1,000,000 cally through increased troops and addi- The resolution, with its preamble, people already displaced from North and tional capabilities as requested by the Sec- reads as follows: South Kivu; retary-General;

VerDate Aug 31 2005 04:44 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.050 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10775 (8) urges the President to sustain high- Whereas 25,000 firefighters and emergency REMOVAL OF INJUNCTION OF SE- level diplomatic engagement together with response personnel from California, 41 other CRECY—TREATY DOCUMENT NO. the African Union, the European Union, and States, and other nations worked side-by- 110–23 the United Nations to avert a wider regional side to fight the wildfires; war and revive a comprehensive peace proc- Whereas members of the National Guard Mr. DORGAN. Mr. President, as in ess in eastern Congo; from California and other States provided es- executive session, I ask unanimous (9) urges the United States and the inter- sential support to the firefighting effort; and consent that the injunction of secrecy national community to develop and support Whereas the people of California and the be removed from the following treaty monitoring and verification mechanisms United States recognize the steadfast dedica- transmitted to the Senate on Novem- that can hold the parties in Congo account- tion of the firefighters throughout the ongo- ber 20, 2008, by the President of the able to the signed peace agreements, inves- ing fire suppression and subsequent repair tigate alleged ceasefire violations, and ulti- and rebuilding efforts: Now, therefore, be it United States: Investment Treaty with Rwanda, Treaty Document No. 110–23. I mately challenge the continued culture of Resolved, That the Senate— impunity in Congo; and (1) commends the firefighters and emer- further ask unanimous consent that (10) urges the President and the inter- gency workers from California, 41 other the treaty be considered as having been national community to adopt measures to States, and other nations for their coura- read the first time; that it be referred, help the regional governments to identify geous actions and sacrifices in fighting with accompanying papers, to the Com- and ultimately address the factors under- wildfires in California; mittee on Foreign Relations and or- lying the conflict in eastern Congo, espe- (2) supports the continued work of fire- dered to be printed; and that the Presi- cially weak governance and the exploitation fighters to protect National Forest System dent’s message be printed in the of the region’s lucrative minerals. land, other public lands, and private prop- RECORD. f erty from further damage; (3) praises the people of California for their The PRESIDING OFFICER. Without HONORING THE FIREFIGHTERS great courage in the face of the fires; and objection, it is so ordered. AND EMERGENCY WORKERS IN (4) extends heartfelt sympathy to the peo- The message of the President is as CALIFORNIA IN 2008 ple who have lost loved ones, homes, and follows: businesses in the wildfires. Mr. DORGAN. Mr. President, I ask To the Senate of the United States: unanimous consent that the Senate I transmit herewith, with a view to proceed to the immediate consider- f receiving the advice and consent of the ation of S. Res. 714, which was sub- Senate to ratification, the Treaty be- mitted earlier today by Senator BOXER. SENATE NATIONAL SECURITY tween the Government of the United The PRESIDING OFFICER. The WORKING GROUP States of America and the Government clerk will report the resolution by Mr. DORGAN. Mr. President, I ask of the Republic of Rwanda Concerning title. the Encouragement and Reciprocal The legislative clerk read as follows: unanimous consent that the Senate proceed to the immediate consider- Protection of Investment, signed at A resolution (S. Res. 714) honoring the fire- Kigali on February 19, 2008. I transmit fighters and emergency workers who coura- ation of S. Res. 715, submitted earlier today. also, for the information of the Senate, geously fought fires in California in 2008. the report prepared by the Department The PRESIDING OFFICER. The There being no objection, the Senate of State with respect to the Treaty. proceeded to consider the resolution. clerk will report the resolution by This is the first bilateral investment Mr. DORGAN. Mr. President, I ask title. treaty (BIT) concluded between the unanimous consent that the resolution The legislative clerk read as follows: United States and a sub-Saharan Afri- be agreed to, the preamble be agreed A resolution (S. Res. 715) extending the au- can country since 1998. The Treaty will to, the motions to reconsider be laid thority for the Senate National Security help to promote cross-border invest- upon the table, with no intervening ac- Working Group. ment by providing legal protections for tion or debate, and that any state- There being no objection, the Senate investors of each country for their in- ments related to the resolution be proceeded to consider the resolution. vestments in the other country. The printed in the RECORD at the appro- Mr. DORGAN. Mr. President, I ask Treaty underscores the shared commit- priate place as if read. ment of both countries to open invest- The PRESIDING OFFICER. Without unanimous consent that the resolution be agreed to, the motion to reconsider ment and trade policies. objection, it is so ordered. Rwanda has opened its economy, im- The resolution (S. Res. 714) was be laid upon the table, and that any statements relating to the resolutione proved its business climate, and em- agreed to. braced trade and investment as a The preamble was agreed to. be printed in the RECORD, without fur- ther intervening action or debate. means to boost economic development The resolution, with its preamble, and help alleviate poverty. The U.S.- reads as follows: The PRESIDING OFFICER. Without Rwanda BIT will reinforce these ef- S. RES. 714 objection, it is so ordered. forts. Whereas, in 2008, there have been more The resolution (S. Res. 715) was The Treaty is fully consistent with than 10,000 wildfires in California started by agreed to, as follows: U.S. policy to secure protections for natural causes and human activity; S. RES. 715 U.S. investment abroad and to welcome Whereas more than 1,440,000 acres of Fed- eral, State, and local land in California Resolved, That Senate Resolution 105 of the foreign investment in the United burned in 2008; One Hundred First Congress, 1st session States. Under this Treaty, the Parties Whereas, in June 2008, fires started by (agreed to on April 13, 1989), as amended by agree to accord national treatment and lightning strikes burned approximately Senate Resolution 149 of the One Hundred most-favored nation treatment to in- 1,200,000 acres of Federal, State, and local Third Congress, 1st session (agreed to on Oc- vestments. They also agree to cus- land in California, making the June fires the tober 5, 1993), as further amended by Senate tomary international law standards for largest single wildfire event in California’s Resolution 75 of the One Hundred Sixth Con- expropriation and for the minimum recorded history; gress, 1st session (agreed to on March 25, standard of treatment. The Treaty in- Whereas 41 counties across California were 1999), as further amended by Senate Resolu- impacted by wildfires in 2008; tion 383 of the One Hundred Sixth Congress, cludes detailed provisions regarding Whereas more than 1,400 homes were de- 2d session (agreed to on October 27, 2000), as the payment of prompt, adequate, and stroyed by fires in California in 2008; further amended by Senate Resolution 355 of effective compensation in the event of Whereas State and local firefighters have the One Hundred Seventh Congress, 2d ses- expropriation; free transfer of funds re- been called to duty for increasingly long fire sion (agreed to on November 13, 2002), as fur- lated to investment; freedom of invest- seasons, working on the front lines of these ther amended by Senate Resolution 480 of ment from specified performance re- fires for weeks; the One Hundred Eighth Congress, 2d session quirements; prohibitions on nation- Whereas firefighters have risked their lives (agreed to November 20, 2004), and as further ality based restrictions for the hiring and endured great hardship to protect lives, amended by Senate Resolution 625 of the One property, and the environment in California; Hundred Ninth Congress, 2d Session (agreed of senior managers; and the oppor- Whereas many firefighters were injured to on December 6, 2006), is further amended tunity for investors to resolve disputes and 14 firefighters tragically lost their lives in section 4 by striking ‘‘2008’’ and inserting with a host government through inter- in California in 2008; ‘‘2010’’. national arbitration. The Treaty also

VerDate Aug 31 2005 03:25 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.099 S20NOPT1 jbell on PROD1PC69 with SENATE S10776 CONGRESSIONAL RECORD — SENATE November 20, 2008 includes extensive transparency obliga- day, November 26 at 10 a.m.; Saturday, COAST GUARD NOMINATIONS BEGINNING WITH CAP- TAIN JOHN H. KORN AND ENDING WITH CAPTAIN MI- tions with respect to national laws and November 29 at 2 p.m.; Tuesday, De- CHAEL N. PARKS, WHICH NOMINATIONS WERE RECEIVED regulations and commitments to trans- cember 2 at 10:30 a.m.; and Friday, De- BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON SEPTEMBER 9, 2008. parency in dispute settlement. The cember 5 at 11 a.m.; and that when the Parties also recognize that it is inap- Senate recesses on Friday, it stand in The Senate Committee on Com- propriate to encourage investment by recess until 3 p.m., Monday, December merce, Science, and Transportation weakening or reducing the protections 8; that following the prayer and pledge, was discharged from further consider- afforded in domestic environmental the Journal of proceedings be approved ation of the following nominations and and labor laws. to date, the time for the two leaders be the nominations were confirmed: I recommend that the Senate give reserved for their use later in the day, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- TION NOMINATIONS BEGINNING WITH KYLE W. RYAN AND early and favorable consideration to and the Senate proceed to a period of ENDING WITH RYAN A. WARTICK, WHICH NOMINATIONS the Treaty and give its advice and con- morning business for up to 1 hour, with WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON OCTOBER 1, 2008. sent to ratification. Senators permitted to speak for up to NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- GEORGE W. BUSH. 10 minutes each. TION NOMINATIONS BEGINNING WITH ANDREW R. THE WHITE HOUSE, November 20, 2008. COLEGROVE AND ENDING WITH FAITH C. OPATRNY, The PRESIDING OFFICER. Without WHICH NOMINATIONS WERE RECEIVED BY THE SENATE f objection, it is so ordered. AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- TOBER 1, 2008. f APPOINTMENT The Senate Committee on the Judici- The PRESIDING OFFICER. The PROGRAM ary was discharged from further con- Chair, on behalf of the President pro Mr. DORGAN. Mr. President, over sideration of the following nomination tempore, pursuant to Public Law 106– the next few weeks, Senators will be and the nomination was confirmed: 398, as amended by Public Law 108–7, in continuing to negotiate a bill to pro- RICARDO H. HINOJOSA, OF TEXAS, TO BE A MEMBER OF THE UNITED STATES SENTENCING COMMISSION FOR A accordance with the qualifications vide assistance to the auto industry. If TERM EXPIRING OCTOBER 31, 2013. an agreement is reached—for the infor- specified under section 1238(b)(3)(E) of The Senate Committee on Foreign mation of the Members—the Senate Public Law 106–398, and upon the rec- Relations was discharged from further will turn to its consideration when the ommendation of the Majority Leader, consideration of the following nomina- Senate returns on December 8. in consultation with the chairmen of tion and the nomination was con- That is a message from the majority the Senate Committee on Armed Serv- firmed: ices and the Senate Committee on Fi- leader, Senator REID. GENE ALLAN CRETZ, OF NEW YORK, A CAREER MEM- nance, reappoints the following indi- f BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- vidual to the United States-China Eco- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND nomic Security Review Commission: RECESS UNTIL MONDAY, PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA NOVEMBER 24, 2008, AT 9:30 A.M. TO LIBYA. Mr. Peter Videnieks of Virginia, for a The Senate Committee on Health, Mr. DORGAN. Mr. President, if there term beginning January 1, 2009 and ex- Education, Labor, and Pensions was is no further business to come before piring December 31, 2010. discharged from further consideration the Senate, I ask unanimous consent f of the following nominations and the that it stand in recess under the pre- nominations were confirmed: TRIBUTES TO RETIRING vious order. SENATORS DOUGLAS D. RANDALL, OF MISSOURI, TO BE A MEMBER There being no objection, the Senate, OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE Mr. DORGAN. Mr. President, I ask at 6:03 p.m., recessed until Monday, No- FOUNDATION, FOR A TERM EXPIRING MAY 10, 2014. RAY M. BOWEN, OF TEXAS, TO BE A MEMBER OF THE unanimous consent that the order from vember 24, 2008, at 9:30 a.m. NATIONAL SCIENCE BOARD, NATIONAL SCIENCE FOUN- September 27 regarding tributes to re- f DATION, FOR A TERM EXPIRING MAY 10, 2014. FRANCE A. CORDOVA, OF INDIANA, TO BE A MEMBER OF tiring Senators be modified so that NOMINATIONS THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE Senators be permitted to submit such FOUNDATION, FOR A TERM EXPIRING MAY 10, 2014. G. P. PETERSON, OF COLORADO, TO BE A MEMBER OF tributes for inclusion in a Senate docu- Executive nominations received by THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE ment until Friday, December 12, 2008. the Senate: FOUNDATION, FOR A TERM EXPIRING MAY 10, 2014. BARBARA ERNST PREY, OF NEW YORK, TO BE A MEM- The PRESIDING OFFICER. Without FOREIGN SERVICE BER OF THE NATIONAL COUNCIL ON THE ARTS FOR A objection, it is so ordered. THE FOLLOWING-NAMED CAREER MEMBER OF THE TERM EXPIRING SEPTEMBER 3, 2014. FOREIGN SERVICE OF THE INTERNATIONAL BROAD- PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING f CASTING BUREAU FOR PROMOTION INTO THE SENIOR WITH MATTHEW T. MCKENNA AND ENDING WITH JOHN I. FOREIGN SERVICE TO THE CLASSES INDICATED: YOUNG, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL APPOINTMENTS AUTHORITY CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, RECORD ON OCTOBER 1, 2008. CLASS OF COUNSELOR, AND CONSULAR OFFICER AND Mr. DORGAN. Mr. President, I ask SECRETARY IN THE DIPLOMATIC SERVICE OF THE PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING UNITED STATES OF AMERICA: WITH PAUL J. ANDREASON AND ENDING WITH ELAINE C. unanimous consent that notwith- WOLFF, WHICH NOMINATIONS WERE RECEIVED BY THE standing the upcoming recess or ad- DAVID J. STRAWMAN, OF ILLINOIS SENATE AND APPEARED IN THE CONGRESSIONAL DAVID J. STRAWMAN, OF ILLINOIS RECORD ON NOVEMBER 17, 2008. journment of the Senate, the President IN THE ARMY The Senate Committee on Homeland of the Senate, the President pro tem- Security and Governmental Affairs was pore, and the majority and minority THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED discharged from further consideration leaders be authorized to make appoint- UNDER TITLE 10, U.S.C., SECTION 624: of the following nominations and the ments to commissions, committees, To be major general nominations were confirmed: boards, conferences or interparliamen- BRIG. GEN. JAMES E. ROGERS tary conferences authorized by law, by ALFRED S. IRVING, JR., OF THE DISTRICT OF COLUM- f BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR concurrent action of the two Houses or COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM DISCHARGED NOMINATIONS OF FIFTEEN YEARS. by order of the Senate. KATHRYN A. OBERLY, OF THE DISTRICT OF COLUMBIA, The PRESIDING OFFICER. Without The Senate Committee on Foreign TO BE AN ASSOCIATE JUDGE OF THE DISTRICT OF CO- LUMBIA COURT OF APPEALS FOR THE TERM OF FIFTEEN objection, it is so ordered. Relations was discharged from further YEARS. f consideration of the following nomina- f tions and the nominations were con- ORDERS FOR MONDAY, NOVEMBER firmed: CONFIRMATIONS 24, 2008, THROUGH MONDAY, DE- FOREIGN SERVICE NOMINATIONS BEGINNING WITH Executive nominations confirmed by CEMBER 8, 2008 ASIF J. CHAUDHRY AND ENDING WITH ALAN D. HRAPSKY, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE the Senate, Thursday, November 20, Mr. DORGAN. Mr. President, I ask AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- 2008: VEMBER 17, 2008. unanimous consent that when the Sen- IN THE COAST GUARD ate completes its business today, it The Senate Committee on Com- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT stand in recess until the following days merce, Science, and Transportation IN THE UNITED STATES COAST GUARD TO THE GRADE IN- and times for pro forma sessions only, was discharged from further consider- DICATED UNDER TITLE 14, U.S.C. SECTION 271: with no business being conducted: Mon- ation of the following nomination and To be rear admiral (lower half) day, November 24 at 9:30 a.m.; Wednes- the nomination was confirmed: CAPTAIN JOHN H. KORN

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CAPTAIN WILLIAM D. LEE FRANCE A. CORDOVA, OF INDIANA, TO BE A MEMBER OF HRAPSKY, WHICH NOMINATIONS WERE RECEIVED BY THE CAPTAIN CHARLES D. MICHEL THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE SENATE AND APPEARED IN THE CONGRESSIONAL CAPTAIN ROY A. NASH FOUNDATION, FOR A TERM EXPIRING MAY 10, 2014. RECORD ON NOVEMBER 17, 2008. CAPTAIN MICHAEL N. PARKS G. P. PETERSON, OF COLORADO, TO BE A MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE NATIONAL OCEANIC AND ATMOSPHERIC FOUNDATION, FOR A TERM EXPIRING MAY 10, 2014. DEPARTMENT OF STATE ADMINISTRATION THE JUDICIARY GENE ALLAN CRETZ, OF NEW YORK, A CAREER MEM- NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- ALFRED S. IRVING, JR., OF THE DISTRICT OF COLUM- TION NOMINATIONS BEGINNING WITH KYLE W. RYAN AND SELOR, TO BE AMBASSADOR EXTRAORDINARY AND BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR ENDING WITH RYAN A. WARTICK, WHICH NOMINATIONS PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM WERE RECEIVED BY THE SENATE AND APPEARED IN THE TO LIBYA. OF FIFTEEN YEARS. KATHRYN A. OBERLY, OF THE DISTRICT OF COLUMBIA, CONGRESSIONAL RECORD ON OCTOBER 1, 2008. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- NATIONAL FOUNDATION ON THE ARTS AND THE TO BE AN ASSOCIATE JUDGE OF THE DISTRICT OF CO- LUMBIA COURT OF APPEALS FOR THE TERM OF FIFTEEN TION NOMINATIONS BEGINNING WITH ANDREW R. HUMANITIES YEARS. COLEGROVE AND ENDING WITH FAITH C. OPATRNY, BARBARA ERNST PREY, OF NEW YORK, TO BE A MEM- UNITED STATES SENTENCING COMMISSION WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BER OF THE NATIONAL COUNCIL ON THE ARTS FOR A AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- TERM EXPIRING SEPTEMBER 3, 2014. RICARDO H. HINOJOSA, OF TEXAS, TO BE A MEMBER OF TOBER 1, 2008. THE UNITED STATES SENTENCING COMMISSION FOR A NATIONAL SCIENCE FOUNDATION TERM EXPIRING OCTOBER 31, 2013. PUBLIC HEALTH SERVICE WILLIAM B. CARR, JR., OF PENNSYLVANIA, TO BE A DOUGLAS D. RANDALL, OF MISSOURI, TO BE A MEMBER MEMBER OF THE UNITED STATES SENTENCING COMMIS- PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE SION FOR A TERM EXPIRING OCTOBER 31, 2011. WITH PAUL J. ANDREASON AND ENDING WITH ELAINE C. FOUNDATION, FOR A TERM EXPIRING MAY 10, 2014. FOREIGN SERVICE WOLFF, WHICH NOMINATIONS WERE RECEIVED BY THE RAY M. BOWEN, OF TEXAS, TO BE A MEMBER OF THE SENATE AND APPEARED IN THE CONGRESSIONAL NATIONAL SCIENCE BOARD, NATIONAL SCIENCE FOUN- FOREIGN SERVICE NOMINATIONS BEGINNING WITH RECORD ON NOVEMBER 17, 2008. DATION, FOR A TERM EXPIRING MAY 10, 2014. ASIF J. CHAUDHRY AND ENDING WITH AALAN D.

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