Senate the Senate Met at 10 A.M

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, WEDNESDAY, JULY 30, 2008 No. 128 Senate The Senate met at 10 a.m. and was appoint the Honorable E. BENJAMIN NELSON, RECOGNITION OF THE MINORITY called to order by the Honorable E. a Senator from the State of Nebraska, to LEADER perform the duties of the Chair. BENJAMIN NELSON, a Senator from the The ACTING PRESIDENT pro tem- State of Nebraska. ROBERT C. BYRD, President pro tempore. pore. The Republican leader is recognized. PRAYER Mr. NELSON of Nebraska thereupon The Chaplain, Dr. Barry C. Black, of- assumed the chair as Acting President f fered the following prayer: pro tempore. HONORING OUR ARMED FORCES Let us pray. f PRIVATE FIRST CLASS TIMOTHY R. VIMOTO Eternal Father, our help and our RECOGNITION OF THE MAJORITY Mr. MCCONNELL. Mr. President, I hope, we honor Your Name. Lord, often rise because a soldier from my home LEADER when we need You most, we find it dif- State of Kentucky has fallen. On June ficult to come to You. Sometimes we The ACTING PRESIDENT pro tem- 5, 2007, PFC Timothy R. Vimoto was do not come because we are impressed pore. The majority leader is recog- tragically killed while on patrol in the with our own strength and don’t feel nized. Korengal Valley in Afghanistan. Pri- any need. Sometimes our failure and f vate First Class Vimoto, who called the sin blocks the path to You. Either way, town of Fort Campbell, KY, his home, Lord, it is pride that deprives us of SCHEDULE was 19 years old. Your blessings and favor. Forgive us, Mr. REID. Mr. President, following For bravery in service to his country, Lord, for finding it difficult to under- leader remarks, there will be an hour Private First Class Vimoto received stand and accept the unmerited favor for debate, with the time equally di- several awards, medals, and decora- of Your grace. vided and controlled by the two leaders tions, including the Bronze Star Medal. Today, as our lawmakers reach out or their designees. I will control the Private First Class Vimoto’s Ken- their hands to accept Your grace, free final 10 minutes and the Republican tucky story may be more circuitous them to do Your will. Help them to see leader will control the 10 minutes prior than most; yet I am proud to stand You are a Friend who can keep them here and say we both hail from the to my statement. Senator LEAHY will strong and turn their sorrow into sing- control 10 minutes of the majority Bluegrass State. Born in Hawaii, Tim’s ing. Lead and guide them so that Your time. At 11 a.m. the Senate will pro- father is CSM Isaia T. Vimoto. Being Name will be honored. Amen. ceed to vote on cloture on the motion from a military family, Tim followed his father to Army postings as a child. f to proceed to the media shield bill, S. This led Tim to Fort Campbell, KY, PLEDGE OF ALLEGIANCE 2035. If cloture is not invoked, the Sen- home to thousands of our brave sol- The Honorable E. BENJAMIN NELSON, ate will proceed to vote on the motion diers and the 101st Airborne Division. led the Pledge of Allegiance, as follows: to invoke cloture on the Senate tax ex- Command Sergeant Major Vimoto was I pledge allegiance to the Flag of the tenders bill, S. 3335. a senior advisor to the commander of United States of America, and to the Repub- There are other matters we could the 101st. Tim attended Fort Campbell lic for which it stands, one nation under God, turn to: the consumer product safety High School, where he made many indivisible, with liberty and justice for all. conference report, the higher education friends and was part of the school’s f reauthorization conference report. football team. APPOINTMENT OF ACTING They may be made available later in ‘‘Tim was known throughout the PRESIDENT PRO TEMPORE the week. school as the kid with the biggest and Mr. President, I suggest the absence best smile,’’ says Shawn Berner, Tim’s The PRESIDING OFFICER. The of a quorum. high school football coach. ‘‘He was al- clerk will please read a communication The ACTING PRESIDENT pro tem- ways smiling and willing to help any- to the Senate from the President pro pore. The clerk will call the roll. one in the school. . . . He was a very tempore (Mr. BYRD). The assistant legislative clerk pro- The assistant legislative clerk read caring and generous person that ceeded to call the roll. the following letter: touched a lot of people’s lives in a posi- Mr. MCCONNELL. Mr. President, I tive manner.’’ U.S. SENATE, ask unanimous consent that the order ‘‘He’s one of our babies,’’ says Kesha PRESIDENT PRO TEMPORE, for the quorum call be rescinded. Washington, DC, July 30, 2008. Ladd, one of Tim’s old teachers at Fort To the Senate: The ACTING PRESIDENT pro tem- Campbell High. ‘‘When you teach on Under the provisions of rule I, paragraph 3, pore. Without objection, it is so or- post, it’s like you help raise these chil- of the Standing Rules of the Senate, I hereby dered. dren when their parents are deployed.’’

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

S7709

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.000 S30JYPT1 jbell on PROD1PC69 with SENATE S7710 CONGRESSIONAL RECORD — SENATE July 30, 2008 ‘‘Tim was liked by everyone,’’ Shawn The PRESIDING OFFICER. Under bill. There is similar support from both Berner adds. the previous order, the hour prior to liberal and conservative sides. After graduating high school in 2006, the cloture vote will be equally divided Here is how the conservative Wash- Tim chose to follow in his father’s foot- and controlled by the two leaders or ington Times put it: steps and enlist in the Army. their designees, with Senators per- A sound shield law guards not ‘‘the media’’ He was assigned to the 2nd Battalion, mitted to speak for up to 10 minutes but something much more vital—the public’s 503rd Infantry Regiment, 173rd Air- each, with the final 20 minutes under right to know . . . A measured law would not borne Brigade Combat Team, based in the control of the two leaders, with the shield sources who perpetrate demonstrable Camp Ederle, Italy. In fact, he was at majority leader controlling the final 10 and articulable harm to the country’s na- the same posting as his father at that minutes prior to the vote, and with 10 tional security interests. But it would rightly shield most others. Such a bill awaits Sen- time, and as Isaia Vimoto was the bri- minutes of the majority time under the ate action now. It should be passed. gade’s most senior enlisted soldier, control of Senator LEAHY of Vermont. That is from an editorial of July 25, Tim actually fell under his command. The Senator from New York. 2008. Fellow soldiers remembered the in- Mr. SCHUMER. Mr. President, I rise Unfortunately, given the broad and fluence Tim’s father had on him and to speak in support of S. 2035, the Free bipartisan support of this legislation, a how it shaped him into the model sol- Flow of Information Act. minority of critics have taken to at- dier he became. This legislation is truly a product of tacks that are overwrought and over- ‘‘He saw the transformation from bipartisan effort during this Congress. stated. being a son to being a soldier,’’ says Senator SPECTER and I have worked Every criticism is either wrong or is SGT Andy Short. And ‘‘no matter what closely together to craft a careful bill effectively addressed in the substitute Vimoto was doing, he had a smile on that protects both the freedom of the bill, which I spoke about last night on his face.’’ press and the safety of our citizens. the floor and is in the RECORD as of last ‘‘Throughout his childhood, [Tim] In a free and democratic country, we night, so my colleagues can see it. Sen- watched his father train, deploy, re-de- should be able to do both, and this bill ator SPECTER and Senator LUGAR and I ploy and develop into one of the does. have worked to meet every one of these strongest leaders in the Army,’’ says Other Senators—including Senators objections. another fellow soldier, CPT Matthew LUGAR, DODD, and GRAHAM—have been Fundamentally, critics have sug- Heimerle. instrumental in moving the bill to this gested the bill would represent a rad- Command Sergeant Major Vimoto point, and I wanted to thank our chair, ical change in the law. Nothing is fur- himself, currently stationed in Italy, Senator LEAHY, for being not only a ther from the truth. It even tracks this says his son was ‘‘a very talented sponsor of the bill but somebody who Justice Department’s own guidelines. young man with lots of potential.’’ helped bring it to the floor. S. 2035—a product of lengthy com- All we are saying is that given recent Tim’s family and fellow soldiers held promise and negotiation—is ripe for events and Government actions, a a memorial service for him in Italy, passage. In fact, it is long overdue. judge should be the final arbiter when and hundreds of friends who wanted to There is now overwhelming support it comes to subpoenas to journalists for say goodbye packed the chapel. We are for a Federal law that gives a quali- sensitive information. It is not an ab- thinking today of all those who mourn fied—I repeat, qualified—privilege to solute law. It doesn’t say ‘‘never.’’ It his loss. allow journalists to honor promises of doesn’t say ‘‘always.’’ Some on the Our thoughts are with his parents, confidentiality to their sources unless press side wanted ‘‘always.’’ Some on Isaia and Misimua Vimoto; his broth- a judge finds that compelling disclo- the administration side wanted ers, Isaia Jr. and Nephi; his sisters, sure better serves the public interest. ‘‘never.’’ It is a careful, balancing test. Sabrina and Ariel; and many other How widespread is support for this Moreover, a majority of Federal cir- loved ones. legislation? cuits now recognize some privileges for Mr. President, the Vimoto family’s The presumptive Democratic Presi- journalists in, of course, 49 States, plus loss of their beloved son and brother— dential nominee, BARACK OBAMA, sup- the District of Columbia recognizes while serving alongside the father who ports this bill. The presumptive Repub- those protections. raised and inspired him, no less—can- lican nominee, JOHN MCCAIN, supports However, because of some of the re- not be measured. But neither can this this bill. Forty-two State attorneys cent comments about the bill, Senator U.S. Senate’s immense pride and rev- general—both Democratic and Repub- SPECTER and I have undertaken to ad- erence for his service and his sacrifice. lican—support this bill. The Senate Ju- dress a series of other concerns, and Our Nation honors him as a soldier diciary Committee, as evidenced by a should we move to proceed, the sub- and a patriot. And we thank the vote of 15 to 4, supports this bill. The stitute measure will be on the floor. I Vimoto family for giving their country House of Representatives, as evidenced outlined last night on the floor the such a hero. by a vote of 398 to 21, supports a simi- changes that I think meet the concerns Mr. President, I yield the floor. lar bill. And, of course, over 100 news- of the critics in two places in par- f paper editorials support this bill. ticular: one, making sure classified in- Conservative voices, such as former RESERVATION OF LEADER TIME formation does not get out and is pro- Solicitor General Ted Olson and the tected, and, two, the definition of who The PRESIDING OFFICER (Mr. DUR- editorial page of the Washington is a journalist so we make sure that BIN). Under the previous order, the Times, support this bill, as well as the those who just casually criticize or leadership time is reserved. Washington Post. So it does have broad whatever do not get the protection, as f support. would professional journalists. Given some of the ill-founded FREE FLOW OF INFORMATION ACT So the text of the substitute is here, handwringing by the current adminis- OF 2007—MOTION TO PROCEED and I hope my colleagues—I hope we tration over this bill, it is worth listen- will move to this. I know we have dis- The PRESIDING OFFICER. Under ing to what former Justice officials putes on other issues, but this is the the previous order, the Senate will re- such as Mr. Olson say. Here is what Ted Senate working: broad, bipartisan, sume consideration of the motion to Olson recently wrote: carefully thought out legislation that proceed to S. 2035, which the clerk will A free society depends on access to infor- can move forward with an over- report by title. mation and on a free and robust press willing whelming vote. I hope we will move The assistant legislative clerk read to dig out the truth. This requires some abil- forward today. as follows: ity to deal from time to time with sources who require the capacity to speak freely but On the other bill coming before us, Motion to proceed to the bill (S. 2035) to the extenders bill, just one point before maintain the free flow of information to the anonymously. . . . [The Free Flow of Infor- public by providing conditions for the feder- mation Act] is well balanced and long over- I yield the floor. ally compelled disclosure of information by due, and it should be enacted. If you care about reducing gasoline certain persons connected with the news That is Ted Olson, so it is surprising prices, the bill on the floor today, with media. the administration is opposed to the tax incentives for alternative energy,

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.013 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7711 will do far more than any amount of relying less on imported energy and oil izen in the country would have to do. drilling to free our dependence on for- from the Middle East and abroad. Why So there remain problems we have not eign oil and to reduce prices. I hope my it is that our colleagues in the major- been able to work through. colleagues will support that bill as ity are trying so hard—putting up clo- Mr. KYL. Mr. President, if I could well. ture vote after cloture vote—to try to just pose two other quick questions. Mr. President, I yield the floor. change the subject rather than allow- So would my colleague from Texas The PRESIDING OFFICER. The Sen- ing us to stay focused on and actually agree that at such point in time as this ator from Texas is recognized. do something on bringing down the legislation is brought to the Senate Mr. CORNYN. Mr. President, I appre- price of gasoline is, frankly, beyond floor, we are going to need to continue ciate the comments of the Senator me. to make improvements on it that will, from New York on the so-called media Mr. KYL. Mr. President, would my first, necessitate debate and amend- shield bill. Let me address those briefly colleague from Texas be willing to an- ments? Also, would my colleague agree before I talk for a moment about the swer a couple of questions I would like that it would be a huge mistake to try extenders, and then what I wish to to pose to him? to bring this bill to the floor under a spend most of my time on is the sub- Mr. CORNYN. I would, Mr. President. scenario in which we are pushed up ject we have been talking about but, Mr. KYL. Mr. President, the first against the recess, we are trying to do frankly, not doing enough about during question I have for my colleague is an energy bill, we are trying to do a the last 2 weeks; that is, bringing down this: The Senator from Texas and I tax extender bill, and that it would the price of gasoline at the pump for both serve on the Judiciary Com- take far too much time in terms of the American people. mittee, which considered this so-called amendments; that presumably, if clo- The problem that I continue to have, media shield legislation some months ture were invoked and this bill were to as the distinguished Presiding Officer back. be brought up, the parliamentary pro- knows as a member of the Judiciary Does my colleague recall that when cedure would be such that we wouldn’t Committee, we discussed in the Judici- the bill was brought to the committee, be able to offer any amendments, and ary Committee whether it is appro- it was brought with the suggestion that would be a mistake in the way priate for the Congress to designate that it was pretty perfect as written this bill would be considered? Would members of the media who would be and that we shouldn’t change a comma my colleague agree with that? the beneficiaries of a media shield of it or we would be roundly criticized Mr. CORNYN. Mr. President, I agree while saying that there are other peo- by editorial boards around the coun- with the Senator from Arizona. My un- ple who are engaged in the free flow of try? In point of fact, I was. derstanding is that because of the public information, such as bloggers, Does my colleague recall—and maybe delays, because the majority leader has who would not. you can refresh my recollection. My basically refused to allow us to go to I remember when William Safire, the recollection is that we adopted 10 or 12 the energy package we proposed which distinguished journalist, testified be- pretty serious amendments to that leg- we believe will actually bring down the fore the Judiciary Committee and islation in an effort to try to improve price of gasoline at the pump, we find someone asked him about bloggers. He it and that most of the amendments ourselves up against an adjournment said he considers them the new pam- that were adopted were overwhelm- on Friday, which I believe the majority phleteers, modern-day pamphleteers. ingly in their support. Is my recollec- leader has addressed, with two very im- In other words, they could be writing tion correct on that? portant issues we need to address: low- things just as importantly as Thomas Mr. CORNYN. Mr. President, I be- ering gas prices at the pump and then Payne might have written at the time lieve the Senator from Arizona is cor- the tax extenders bill. The tax extend- of the country’s founding, and yet the rect. There was a lot of activity at the ers would provide tax credits and sup- legislation the Senator from New York Judiciary Committee level to try to port for things such as renewable en- talked about would do nothing to pro- improve this bill on a bipartisan basis. ergy and the like, which I support and vide them the benefits of a media I believe his recollection is correct. which I hope we will pass as well. So I shield, and there would be—in effect, Mr. KYL. Mr. President, the second don’t know how we can do justice to Congress would be deciding who is a le- question: When we passed that bill out the media shield bill and give it the gitimate journalist and who is not. I, of the committee, there were explicit kind of debate and the amendment for one, am not comfortable with the assurances that we would continue to process it deserves in this compressed Federal Government in essence licens- work on it because of the recognition timetable. ing journalists and ignoring the new that it was not, in my words, ready for Mr. KYL. Mr. President, just one media, which is the source of a lot of prime time, but it was clearly in need final quick question. Is my colleague information, and treating them in a of additional work. It is complicated. from Texas also aware of an editorial discriminatory manner. We would continue to work on it, A; in the USA Today magazine on Mon- TAX EXTENDERS and B, is it also correct that the Sen- day, July 28, by the DNI—the Director With regard to the extenders pack- ator from Texas, as well as others, in- of National Intelligence, Mike McCon- age, there are many, if not most, of us cluding my staff and myself, have been nell—who joined with the Secretary of here in this Senate who would love to engaged in a lot of discussions since Defense, the Secretary of Energy, the see the extenders package, or some then, including, as the Senator from Secretary of Homeland Security, the form of it, passed. Renewable sources Texas noted, trying to figure out how Secretary of the Treasury, and, as he of energy such as solar and wind are to define who is a journalist and who put it, every senior intelligence com- very important in my State. We are would be protected? munity leader in expressing his strong No. 1 in the production of wind energy Mr. CORNYN. Mr. President, the belief that this bill will greatly damage in Texas. Of course, T. Boone Pickens, Senator is correct again. This has been our ability to protect national security one of my constituents, has been up a challenging issue because, frankly, information? here talking rather visibly about his the very nature of communications has Mr. CORNYN. Mr. President, I did advocacy of generating more elec- changed dramatically. I mentioned the read that op-ed piece with great inter- tricity from wind and using natural gas bloggers, which are sort of a new inno- est myself when it was published in to power vehicles and thus reducing vation. There is nothing in this bill USA Today, and I hope we can make our dependency on imported oil from that would prevent someone—let’s say that part of the RECORD following my the Middle East. a jihadist or someone let’s say from al- remarks. However, the fact is that I believe we Jazeera or those who pretend to pro- Mr. KYL. Mr. President, if my col- will probably vote against moving off mote some of the activities that are di- league will indulge me for another 10 of the energy issue generally because, rected against our own citizens or seconds, I hope that on the basis of this frankly, we shouldn’t be changing the against our allies—from posing as a information, our colleagues would subject at a time when we are very journalist and thus gaining the protec- agree that whatever the view on the close to being able to have a vote on tion against testifying or cooperating energy legislation, we should not be producing more American energy and with a grand jury that any average cit- turning to the media shield legislation,

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.004 S30JYPT1 jbell on PROD1PC69 with SENATE S7712 CONGRESSIONAL RECORD — SENATE July 30, 2008 and, in point of fact, if we are going to Mr. BAUCUS. Mr. President, par- gallon. Now, thank goodness, the aver- do something about gas prices, we need liamentary inquiry: I wish to clarify age price is $3.93 a gallon. to keep our eye on that ball and get the remaining time. The fact is, we have a supply problem that work done before we leave here on The ACTING PRESIDENT pro tem- and we have a demand problem. The Friday. pore. The final 20 minutes of the debate supply problem is that for some reason, Mr. President, I ask unanimous con- has been reserved for the two leaders. for the last 30 years or so, Congress has sent to have the op-ed piece I referred The time preceding that, the minority placed 85 percent of our domestic oil to printed in the RECORD at this point. now has 10 minutes 50 seconds. Of the and gas reserves out of bounds. We There being no objection, the mate- majority time, 10 minutes is reserved passed annual bans in the form of a rial was ordered to be printed in the for the Senator from Vermont. The re- moratorium on appropriations riders RECORD, as follows: maining 4 minutes 44 seconds is avail- that prevent the production of oil and [From USA Today, July 28, 2008] able. gas that we know is there in the Outer BILL WRONGLY SHIELDS PRESS; THOSE WHO Mr. BAUCUS. I ask unanimous con- Continental Shelf or the submerged LEAK CLASSIFIED DATA SHOULD BE PUNISHED sent that during the remaining time, lands along the coastlines of the (By Mike McConnell) the Senator from Montana be allocated United States, as well as up in Alaska The Senate is considering a proposal that the remainder of that 5 minutes on the where we know there are huge volumes would bestow a ‘‘privilege’’ on reporters, majority side. of gas and oil. And there is a pipeline shielding them from revealing confidential The ACTING PRESIDENT pro tem- conveniently close by that could actu- sources of important national security infor- pore. Without objection, it is so or- ally deliver that for use in the lower 48 mation, even when their sources have broken dered. States. the law by disclosing classified information. Mr. BAUCUS. I thank the Senator We know there are as much as 2 mil- The intelligence community recognizes the from Texas, and I thank the Chair. critical role that the news media plays in lion additional barrels of oil a day out our democratic society. However, this bill Mr. CORNYN. Mr. President, there is in Idaho, Wyoming, and Colorado in would upset the balance established by cur- a lot about the tax extenders package the form of oil shale, which now the rent law, crippling the government’s ability that I support. The State and local technology exists to be able to produce to investigate and prosecute those who harm sales tax deduction—Texas doesn’t that. Can you imagine how much dif- national security. have an income tax, thank goodness. I ferent things would be if, instead of im- I have joined the attorney general, the sec- don’t believe we ever will. We do have porting those 3 million barrels of oil a retaries of Defense, Energy, Homeland Secu- a sales tax, and we would hope to be day from countries such as Saudi Ara- rity and Treasury, and every senior intel- treated in a nondiscriminatory way by ligence community leader in expressing the bia and organizations like OPEC, the belief, based on decades of experience, that the Federal Government in providing a Organization of Petroleum Exporting this bill will gravely damage our ability to deduction for sales tax. We have had Countries, and people such as Hugo protect national security information. Unau- the ability to do that, which has ex- Chavez in Venezuela—can you imagine thorized disclosure of classified information pired, but it saves over $1 billion for what it would be like if we actually disrupts our efforts to track terrorists, jeop- Texans in tax relief each year. Of produced 3 million more barrels of oil ardizes the lives of intelligence and military course, I support the research and de- in the United States so we didn’t have personnel and inhibits international co- velopment tax incentives, the tem- to import that from abroad? operation critical to detecting and pre- porary AMT, or alternative minimum I don’t know anybody who has done a venting threats. Those who illegally disclose information recklessly risk our national se- tax, relief, as well as the other renew- better job of capturing the public’s curity and breach a sacred public trust. able energy tax incentives, including imagination on that than my con- It is a delicate balance to protect national those for solar and wind. stituent, T. Boone Pickens. He has security information from improper disclo- However, I do not understand the in- been an oilman all his life, but now he sure, while respecting the rights of the press sistence of the majority leader of filing is perhaps the most visible and forceful to publish information it deems of public in- repetitive motions to proceed to some- advocate for wind energy and for nat- terest. This legislation upsets that balance thing other than an energy bill that ural gas to use to power cars. His main by shielding those who illegally leak na- would actually generate more Amer- tional security information and increasing focus is because he wants to reduce the the likelihood of destructive revelations in ican production of oil and gas here at $700 billion of American money we send the future. The bill forces the government to home and cause us to rely less on im- each year abroad to pay for oil and im- meet ill-defined standards that require the ported sources. Why there is this report that into this country. He has a disclosure of additional sensitive informa- peated insistence time and time again plan that he thinks can bring that tion. It also cedes critical judgments about with these repetitive votes to take us down by about 38 percent. harm to national security from national se- off of the only bill that has been of- We all know that, at best, additional curity professionals, charged with protecting fered—the only legislation that has supply is a partial answer. That is why the country, to the subjective determination been offered that would actually in- we say we need to find more and use of individual judges. We do not see the problem that this bill is crease American energy resources and less. Conservation is an important part meant to address. All evidence indicates that require us to rely less on imported oil of this, as are things such as biofuels. the free flow of information has continued is beyond me. We know we have challenges dealing unabated in the absence of a federal report- As I said, I support the renewable en- with corn ethanol because, frankly, er’s privilege. Indeed, prosecutions in this ergy provisions that would continue to using food for fuel has backfired on us area are exceedingly rare, and the long- encourage the production of solar and somewhat, causing food prices to go up, standing policy of the Department of Justice wind power. I believe that conservation and feed for livestock, which has strictly limits circumstances in which pros- is a very important part of what we caused grave hardship in my State, ecutors may seek information from journalists. We must retain the ability to bring to need to do as well. which is a huge cattle producer, as well justice those who break the law and cause ir- My colleagues have seen this chart as a poultry producer. It has caused the reparable harm to the United States and its before. We have said that what we need price of food to go up, so we need to citizens. to do is find more and use less. Yet the continue to research the use of cel- Mr. CORNYN. Mr. President, may I majority leader has consistently, so lulosic ethanol, which doesn’t compete inquire how much more time I have re- far, refused to allow us the opportunity with the food supply for our energy maining? to introduce amendments and to have sources. The ACTING PRESIDENT pro tem- debate and votes on something that So far, we have been met with a brick pore. There is 11 minutes 11 seconds re- would actually have an impact on the wall from the majority leader when it maining. price of gasoline at the pump. comes to our attempt to try to find Mr. CORNYN. I thank the Chair. We think we need a balanced and more American oil, as we transition to Mr. BAUCUS. Mr. President, par- comprehensive approach to deal with a clean energy future. What I mean by liamentary inquiry. this problem. Since the majority leader that is one where we are going to be The ACTING PRESIDENT pro tem- became the majority leader—on Janu- less and less reliant on oil for our pore. Does the Senator yield for a par- ary 4, 2007, the price of gas was $2.33 a transportation needs, our aviation liamentary inquiry? gallon. It has been as high as $4.11 a needs.

VerDate Aug 31 2005 00:31 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.005 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7713 Let me mention a couple of examples Mr. President, may I inquire how As a result, fuel tax receipts are on the horizon that are very exciting. much time remains on this side? down sharply. The Department of In 2010, most of the major car manufac- The ACTING PRESIDENT pro tem- Transportation reported that Ameri- turers are going to be producing plug- pore. There is 1 minute 15 seconds. cans drove 91⁄2 billion fewer miles in in hybrid cars, which actually will be Mr. CORNYN. Mr. President, I thank May than they did a year before. And running on batteries. You can plug it the Chair and yield the floor. OMB projects a highway trust fund def- into the wall socket at night and The ACTING PRESIDENT pro tem- icit for 2009 of more than $3 billion. charge the battery, and it will go 40 or pore. The Senator from Montana is rec- We have a problem with highway more miles a day before plugging it ognized. trust fund finances. And that financing back in at night. Obviously, that will Mr. BAUCUS. Mr. President, I re- problem is a jobs problem. displace the internal combustion en- mind my good friend from Texas that Failing to fix the highway trust gine and avoid the need to provide oil there are a lot of things he favors and fund’s shortfall will cause Federal and gasoline for transportation needs. I think we all favor. He mentioned transportation funding cuts of more It is going to take some time to transi- plug-in hybrid automobiles and clean than a third. Industry experts have cal- tion as we research things such as hy- coal technologies, and they are in this culated that funding cuts of this mag- drogen fuel cells and other alternatives bill. Frankly, I believe most Senators nitude would result in the loss of about for our basic transportation needs. want to pass this bill. I urge Senators 380,000 jobs. I think that holds great promise in on both sides to vote for it. We can, We can do something today to create the future, as does additional research frankly, pass it and send it back over well-paid infrastructure jobs, with this in things such as coal-to-liquids tech- to the House and be done with it. The bill. nology. We have in this country about American people want us to pass this This bill would do something about a 300-year supply of coal. We know that legislation. energy. coal has a problem because of pollu- Mr. President, the great writer Wil- This bill would take real action to tion. But we have the ingenuity and ex- liam Faulkner said of the artist: break America’s dependence on oil. pertise to be able to use coal—to find a Only what he creates is important, since Gasoline is more than $4 a gallon there is nothing new to be said. way to use it in a way that will not across the country. Americans want only provide things such as aviation Writers could say much the same Congress to steer away from foreign fuel and transportation fuel, but I be- about us. What is important is not oil. They want us to turn toward alter- lieve we can come up with a way to se- what we say, but what we create. What native and renewable energies. quester the carbon dioxide byproduct is important here is not the speeches, This bill has the right energy incen- of coal-to-liquids technology in a way but the laws that we pass. tives to help America to turn the cor- Today, we have a chance to do some- that will allow us to displace oil, gas, ner. It would support renewable elec- thing important. Today, we can choose diesel, and regular aviation fuel from tricity from wind, water, biomass, and to legislate. other sources. It would boost biodiesel our demand side. We can proceed to a bill that address- As a matter of fact, the coal-to-liq- and solar energy. It would reward en- es what’s important. It is a bill about uids technology has existed a long ergy-efficiency, and push for cleaner jobs. It is a bill about energy. It is a time. Adolf Hitler, back in World War coal plants. bill about families. II, when he was worried about getting I am speaking of S. 3335, the Jobs, It would even provide a brand new cut off his supply of oil and gas that Energy, Families, and Disaster Relief tax credit for plug-in electric cars, so was necessary to fuel the Third Reich, Act of 2008—what some call the tax ex- that Americans could choose vehicles developed a coal-to-liquids technology. tenders bill. Today, we can choose to that use less fossil fuel or none at all. Today, the Air Force is using coal to do something important. We can move Mr. President, do you know what. If liquids to power B–1 bombers and B–52 to this bill. every time a car went up to the gas bombers for aviation fuel. So we know This bill would do something to cre- pump and filled up and the vehicle also we can rely on good, old-fashioned ate jobs. had electric power, with a battery in American research and technology and This bill would extend the research the car, and it would go 50 miles on ingenuity to come up with a way to and development credit. This credit en- that electric power, guess what. Crude deal with this problem. courages businesses to invest in re- oil imports in this country would fall We are not going to get it done until search. It helps to keep America com- by 50 percent—It would be cut in half if the majority leader allows us the op- petitive in the global economy. every time a car would drive up to the portunity to debate and vote on this America accounts for one-third of the pump and, when it fills up, 50 miles important imperative to develop more world’s spending on scientific research that that car drives is on electric en- American energy here at home. It is and development, ranking first among ergy—a battery. It would cut oil im- not enough to rely on solar and wind. all countries. Relative to the size of ports by 50 percent—something as sim- Those are important, but it is not a our economy, however, America stands ple as that. complete answer. We need—I believe in sixth place. I ask that I be notified 30 seconds be- we should insist, and we are—a right to Our R&D tax credit expired on De- fore my time expires. vote on some production in the Outer cember 31 of last year. American cor- The ACTING PRESIDENT pro tem- Continental Shelf, in the oil shale out porations are at a competitive dis- pore. The Senator has 30 seconds re- West, and up in the Arctic. advantage. They are unsure if they will maining now. Frankly, I don’t understand the re- be able to obtain the benefit of the Mr. BAUCUS. With gas at $4 a gallon, luctance on the part of the majority credit this year. They need to plan for why would we wait another minute to leader to allow that vote to go forward. the future. get these energy technologies moving? I am encouraged by some indications About 70 percent of R&D spending We can do something today to create that there are some negotiations. I goes to salaries. That helps to create alternative sources of energy, with this hope they are successful. I don’t think jobs. These are jobs that help America bill. we should leave here this week for a stay in the forefront of several global This bill would do something for month-long recess until we have dealt industries. American families. with the single most important prob- We can do something today to create This bill would keep the alternative lem facing the American people today high-paying R&D jobs, with this bill. minimum tax from ensnaring new tax- and our economy, which is high gaso- This bill would also create jobs in in- payers. Without this legislation, 21 line and high diesel prices. We can have frastructure, by repairing a shortfall in million additional taxpayers would an immediate impact on the futures the highway trust fund. The highway have to pay the AMT. markets where those contracts for the trust fund relies on fuel taxes for 90 We can do something today to pro- future delivery of oil and gas are sold if percent of its revenues. And as fuel tect families from the AMT, with this we will act and say that Congress will prices have risen to record highs, bill. be part of the solution and not con- Americans are driving less and buying This bill would help teachers who tinue to be part of the problem. fewer gallons of gas. have taken it upon themselves to spend

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.007 S30JYPT1 jbell on PROD1PC69 with SENATE S7714 CONGRESSIONAL RECORD — SENATE July 30, 2008 money from their own pockets on Let us pass a law that creates jobs. theran Senior Services MO; Lutheran Social classroom supplies. The average teach- Let us pass a law that fosters new Services of North Dakota ND; MMA; Maine er’s salary is about $38,000 a year. But forms of energy. Let us pass a law that Association of Nonprofits ME; Marin Com- 1 munity Foundation CA; Massachusetts State in 2005 alone, 3 ⁄2 million families took helps the American family. Treasurer; Memorial Home, Inc KS; Michi- the teacher expense deduction. Today, let us do something impor- gan Historical Center Foundation MI; Miller/ We can do something today to help tant. Today, let us choose to legislate. Howard Investments; Minnesota Orchestral teachers’ families, with this bill. And today, let us move to this bill. Association MN; Missionpoint Capital Part- This bill would help families with Mr. President, I ask unanimous con- ners; Monsanto Company; National Associa- tuition expenses. The average tuition sent that a list of supporters of the bill tion of Counties; National Committee on and fees at a 4-year private college in be printed in the RECORD. Planned Giving IN; National Council of Pri- There being no objection, the mate- vate Agencies for the Blind & Visually Im- New England is now more than $30,000 paired MO; National Education Association; a year. Four and a half million families rial was ordered to be printed in the National Governors Association; National took the qualified tuition deduction in RECORD, as follows: Motorsports Coalition and International 2005. But the provision expired at the The following organizations and companies Speedway Corporation; Needmor Fund; and end of 2007. have expressed their support for passage of New Jersey State Investment Council. We can do something today to help Baucus-authored tax extenders legislation New Jersey Division of Investment; New families paying for college, with this for jobs, energy, and families. York City Comptroller; New York State Agilent Technologies, Inc.; Air Products Comptroller; Nonprofit Coordinating Com- bill. and Chemicals, Inc.; Alliance for Children & mittee of New York, Inc NY; Nonprofit Re- This bill would help families with the Families WI; American Association of Homes source Center LA; North Carolina State State and local sales tax deduction. & Services for the Aging DC; American Asso- Treasurer; Northeastern University MA; This deduction gives a tax benefit to ciation of Museums DC; American Bible So- Northrop Grumman Corporation; Oregon taxpayers who live in States without ciety MO; American Farm Bureau Federa- State Treasurer; Palm, Inc.; Pax World an income tax, including Florida, New tion; American Foundation for the Blind NY; Funds; Pennsylvania Association of Non- American Friends Service Committee PA; profit Organizations PA; Pennsylvania State Hampshire, Nevada, South Dakota, Treasurer; Pfizer Inc; Philips Electronics Tennessee, Texas, and Wyoming. In American Heart Association TX; American Kidney Foundation MD; Americans for the North America; Portfolio Twenty-one Invest- 2005, this deduction benefitted more Arts DC; America’s Second Harvest IL; ments; Prairie Public Broadcasting, Inc. ND; than 11 million families. American Trucking Associations; Appa- Presbyterian Church USA; Progressive Asset This bill would expand the child tax lachian College; Applied Materials, Inc.; As- Management; Rainbow Kitchen Community credit. Current law bars about 6 mil- sociation for the Blind and Visually Im- Services PA; Raytheon Company; Rhode Is- lion working families from receiving paired NY; and Avance, Inc TX. land General Treasurer; and Ronald McDon- any relief under the child tax credit. BAE Systems, Inc.; BASF Corporation; ald House—Missoula MT. Benchmark Asset Managers, LLC; Bene- Rose Community Foundation CO; S.C. As- Families with 10 million children re- sociation of Nonprofit Organizations SC; ceive a partial credit. With this bill, dictine Mission House NE; Big Brothers and Big Sisters of America HI; Big Brothers and Santa Clara University CA; SAS; Sentinel the families of nearly 3 million more Big Sisters of America PA; Blue Summit Fi- Financial Services Company; SME Edu- children would be eligible for this tax nancial Group; Boston Common Asset Man- cation Foundation MI; SPCA Tampa Bay FL; relief. agement, LLC; Boy Scouts of America VA; Special K Ranch MT; St. Xavier High School We can do something today to help California Public Employees’ Retirement KY; Stetson University FL; SUNY College at working families with kids, with this System; California State Teachers’ Retire- Oneonta Foundation NY; Texas Children’s Hospital TX; The Arts Council of the South- ment System; California State Controller; bill. ern Finger Lakes NY; The Center for Effec- California State Treasurer; Camp Fire USA This bill would also help improve tive Philanthropy MA; The Fowler Center Wathana Council MI; Capricorn Investment health care for countless families deal- Inc. MI; The Henry Ford MI; The Hospice Group; Caterpillar Inc; Carbon County Mu- Foundation of the Florida Suncoast FL; The ing with mental illness. It includes the seum Foundation WY; Carroll College MT; Jewish Community Foundation NY; The mental-health-parity legislation ad- Rosalynn Carter; Catholic Youth Organiza- Leukemia and Lymphoma Society NY; The vanced by Senators TED KENNEDY, tion MI; Cedarhurst Center CA; and Center Mentoring Partnership of SW PA; The Seed PETE DOMENICI, and the late Paul for Effective Philanthropy MA. Company TX; The Sierra Club Foundation Central Louisiana Community Foundation Wellstone. CA; and The Stonewall Community Founda- LA; Christopher Reynolds Foundation; Cisco This bill would require private insur- tion NY. ance plans that offer mental health Systems, Inc.; Cleveland Foundation OH; Thomas Jefferson University & Hospitals benefits as part of their coverage to Colorado Nonprofit Association CO; Commu- PA; The Timken Company; The Winslow nity Foundation of St Joseph County IN; offer the same level of benefits as they Foundation; Trillium Asset Management Compass Point Nonprofit Services CA; Corporation; UJA Federation of NY; Under- offer for medical-surgical benefits. Compton Foundation; Corning-Elmira Musi- Mental illness is a disease like any dog Ventures; United Jewish Communities cal Arts, Inc NY; Council for Advancement NY; United Nations Foundation; United other. We should treat it that way. We and Support of Education DC; Cumberland Technologies Corp.; United Way of Kentucky can do something about it, today. Trails United Way KY; Cystic Fibrosis Foun- KY; United Way of Paducah-McCracken This bill would provide much-needed dation MD; Deere & Company; Discovery County KY; University of Minnesota Foun- relief to families who have suffered Communications, LLC; DuPont Company; dation MN; Vermont Community Founda- from natural disasters. This bill con- Easter Seals of Arkansas AR; EMC Corpora- tion; Vermont State Treasurer; Volunteers tains a package of disaster relief provi- tion; F&C Management Ltd.; Falk Founda- for America—Colorado CO; Waldon Asset tion PA; Family Means MN; Family Service Management; Washington State Investment sions developed to address all Feder- Inc. Foundation MT; First Baptist Church of ally-declared disaster areas with imme- Board; Williamson County Historical Society Indiana Rocks FL; and First United Meth- TX; Winslow Management Company; YMCA diate, reliable, and robust tax relief. odist Church NM. of NW Dupage County IL; YMCA of USA IL; We can do something today to help Food Bank of Central Louisiana LA; Betty Youth Service Bureau of St. Tammany LA; families struck by disasters, with this Ford; Fred Hutchinson Cancer Research Cen- and Building Owners and Managers Associa- bill. ter WA; Fulbright Association DC; Genera- tion International. I say to my Colleagues: If you want tion Investment Management; Grace Univer- MidAmerican Energy Holdings Company; to do something about creating jobs be- sity NE; Green Century Funds; Habitat for National Education Association; Puget Humanity International GA; Harry Singer Sound Energy; New Markets Tax Credit Coa- fore you go back home, then vote for Foundation CA; Health Focus of SW Virginia lition; The American Federation of Teach- this bill. VA; Hewlett-Packard Company; Honeywell ers; National Association of Industrial and If you want to do something about International, Inc.; Honored to Serve Inc. Office Properties; Xcel Energy, Inc.; Na- energy before you go back home, then AR; Independent Sector DC; Information tional Association of Realtors; USA Biomass vote for this bill. Technology Industry Council; International Power Alliance; Sierra Club; Solar Energy If you want to do something to pro- Business Machines Corporation; Investment Industries Association; National Grid; Film vide tax relief for American families Network on Climate Risk; Johnson & John- and Television Production Alliance; Direc- before you go back home, then vote for son; KaBOOM! DC; KLD Research and Ana- tors Guild of America; Mesa Power Group, lytics Inc.; Land Trust Alliance DC; Large LLC; Portland General Electric; North- this bill. Public Power Council; and League of Amer- Western Energy; Avista Corp; Hawaiian Elec- What’s important is not what we say. ican Orchestras NY. tric Company, Inc; PSEG Corp.; Otter Tail What is important is the laws that we Lockheed Martin Corporation; Looking for Corporation; Constellation Energy; and pass. My Sister, Inc MI; LSU Foundation LA; Lu- Iberdrola Renewables.

VerDate Aug 31 2005 00:31 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.011 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7715 PG&E Corporation; International Council and in industry. If confidential sources fies as a journalist is evolving quickly. of Shopping Centers; International Speedway had not trusted reporters and come for- Journalists are no longer just the re- Corporation; National Motorsports Council; ward with this information, these sto- porters who work for newspapers, mag- Discovery Communications, LLC; Solar Technologies; Heliotronics, Inc.; Energy In- ries would not have come to light when azines or television or radio stations. It novations, Inc.; Suntech America; Regrid they did. We are a better and stronger is increasingly common for Internet Power; DuPont; Sunlight Direct; The Stella country because of these stories. bloggers and citizen-journalists to re- Group, Ltd; American Solar Electric, Inc.; Unfortunately, the relationship of port breaking news stories that shape groSolar; Third Sun Solar and Wind Power, trust between reporters and confiden- our Nation’s most important debates. Ltd.; GeoGenix, LLC; Solar Millennium; AIL tial sources has come under attack However, not everyone with a laptop Research, Inc.; SOLEC; SCHOTT Solar; since September 11. and an internet connection should be SunTech Power; and ATAS International Increasingly, Federal prosecutors, Inc. protected by the important privilege The Solar Center; Sharp USA; Dow Cor- special prosecutors and civil litigants created by this bill. ning Corporation; Spire; California Solar En- are issuing subpoenas to reporters for The privilege will now apply to re- ergy Industries Association; American Solar their confidential sources. porters who are regularly engaged in Energy Society; The Vote Solar Initiative; In the last 4 years alone, journalists investigative journalism. It will pro- MMA; Sanyo Energy Corporation; Sharp have received at least 35 Federal sub- Electronics Corp.; Akeena Solar, Inc.; West- tect reporters who are in a position to poenas for confidential information. develop and rely on confidential ern Renewables Group; Solar Rating and Cer- During this period, Federal courts have tification Corporation; MMA Renewable sources for their stories, whether they Ventures; Ausra, Inc.; iEnergies; MegaWatt held 13 journalists in contempt for re- report in the television, radio, print or Solar; Stellaris; Solar Integrated Tech- fusing to disclose their confidential online world. sources. nologies, Inc.; Evergreen Solar, Inc.; United Specifically, it will cover journalists Solar Ovonic, LLC; Energy Conversion De- Since 2000, four journalists—Judith vices, Inc.; and Blue Sky Energy, Inc. Miller, Jim Taricani, Josh Wolf and who regularly: report on local, national Solar Alliance; Sunpower Corporation; Vanessa Leggett—have been impris- or international events of public im- Trina Solar; Safeway; Minnesota Power; Si- oned for 19 months in total for refusing portance; do the things that constitute erra Pacific Resources; Nevada Power; good investigative journalism, mean- Sempra Energy; Environment America; to disclose their confidential sources. Earlier this year, a Federal judge oring conducting interviews, collecting Earthjustice; National Tribal Environmental information and making observations Council; PennFuture; KyotoUSA; Western dered a reporter to disclose a confiden- Organization of Resource Councils; The Wil- tial source and threatened her with on the scene of an event, or collecting derness Society; Audubon; Union of Con- fines of $5,000 per day if she did not. original documents and statements; cerned Scientists; Sierra Club; Southern Al- This has created a chilling effect on and collect this information for the liance for Clean Energy; Public Citizen; the flow of information between con- purpose of bringing it to the public’s Greenpeace; Chesapeake Climate Action Net- fidential sources and reporters. attention. work; and Natural Resources Defense Coun- The media shield bill would address This definition, like the rest of the cil. National Wildlife Federation; American this problem by creating a Federal bill, protects the relationship between Express Company; Citigroup Inc.; The Coca qualified privilege for communications reporters and confidential sources, but Cola Company; The Dow Chemical Company; between confidential sources and re- ensures that Federal agencies are able Genworth Financial; Hewlett-Packard Com- porters. to get the information they need to pany; Intel Corporation; International Busi- It allows the government and private prevent harm to national security and ness Machines Corporation; International litigants to compel the disclosure of advance urgent law enforcement inves- Paper; Johnson & Johnson; Monsanto; Ora- confidential information only if they cle; PepsiCo Inc.; Pfizer Inc.; Proctor & Gam- tigations. In short, it strikes the right ble; Texas Instruments, Inc.; Tupperware persuade a Federal judge that: they balance between journalistic integrity Brands Corporation; and United Tech- have exhausted the alternative sources and the public’s right to seek justice. nologies Corporation. of that information; the information is Forty-nine States and the District of Mr. DURBIN. Mr. President, the Free essential to their case; and nondisclo- Columbia give journalists at least a Flow of Information Act is a bipartisan sure would on balance be contrary to partial shield against compulsory dis- bill that goes a long way towards pro- the public interest. closures. This bill fills the gap at the tecting the freedom of the press and The bill makes it easier for the gov- federal level and gives investigative the public’s right to information with- ernment to overcome the privilege in journalists a qualified shield in federal out compromising national security or criminal cases. court. I am proud to be a cosponsor of the work of law enforcement. It strikes It also creates sensible exceptions this legislation and urge my colleagues the right balance between these com- that ensure that this qualified privi- to support it. peting priorities, and it deserves this lege does not compromise national security or the work of law enforcement Mr. DODD. Mr. President, I rise in body’s support. I want to commend support of the Free Flow of Informa- Senator SPECTER and Senator SCHU- agencies. In particular, the privilege does not apply to: confidential infor- tion Act. This bill would protect jour- MER, the authors of this legislation, nalists from being forced to reveal which I am proud to cosponsor. mation that relates to criminal con- During the last 30 years, many of our duct by a journalist; confidential infor- their confidential sources not as an end most important news stories were re- mation that is necessary to stop or pre- in itself but as a means to a well-in- vealed to us by reporters who obtained vent an act of terrorism, death or sub- formed public. their information from confidential stantial bodily harm, a kidnapping, or I applaud the tireless efforts of those sources. Often, these stories exposed an act that involves child pornography who have made this possible, including government and corporate waste, fraud or the sexual exploitation of a child; or our colleagues in the other body who and abuse. Let me give you a few exam- confidential information that would have shown their strong commitment ples of what these confidential sources harm national security. to this issue. As far back as 2004, I in- enabled journalists to report to the The qualified privilege and the excep- troduced similar legislation which was public: the President’s warrantless sur- tions for national security and law en- called the Free Speech Protection Act. veillance program; the unsafe and dete- forcement concerns reflect the serious Since that time, I have worked closely riorating conditions at Walter Reed and careful effort by Senators SPECTER with the senior Senator from Indiana, Army Medical Center; the treatment of and SCHUMER to take into account the Mr. LUGAR, and earlier this Congress Iraqi prisoners at Abu Ghraib; the perspectives of journalists on the one we introduced legislation that would Enron accounting fraud scandal; the hand and law enforcement on the have provided more protection to jour- rampant abuse of steroids in major other. The product is a bill that strikes nalists. Companion legislation passed league baseball; and the government’s the right balance. the House 398 to 21. misleading statements to the American I am pleased that the managers’ I was also pleased to cosponsor Sen- people about the Vietnam war, as docu- amendment includes language that I ators SPECTER and SCHUMER’s legisla- mented in the Pentagon Papers. authored on who should be protected tion, which passed the Judiciary Com- These and other major stories led to by the privilege. In the fast-changing mittee earlier this Congress. Over the important reforms in the government media world, the notion of who quali- last several months, we have worked to

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.006 S30JYPT1 jbell on PROD1PC69 with SENATE S7716 CONGRESSIONAL RECORD — SENATE July 30, 2008 bring this important issue to the atten- speech need not be blatant censorship. maintaining the free flow of information of Congress and the Nation. It only takes a few cases like Ms. Mil- tion. And while this bill does not include ler’s and the San Francisco Chronicle’s In other words, we are balancing our everything I had hoped for, I recognize before the news begins censoring itself. right to know with our need for secu- that in this body, we do not get to We can only speculate as to how many rity, whether physical or economic. write or pass these bills by ourselves. editors and publishers put the brakes This bill makes clear that secrecy is We have to reach out and work to- on a story out of fear that one of their as necessary in extreme circumstances gether that is how we advance or in reporters could be caught in a spider as it is dangerous on the whole. this case protect our more cherished web of subpoenas, charges of contempt, Ultimately, it comes down to what principles. I thank both of my col- and prison. makes us most secure in the long run. leagues for their diligence and commit- When we minimize the impact of con- As men and women on both sides of the ment to the first amendment. fidential sources, serious journalism is aisle understand, a prosecution, what- Indeed, though I recognize this fight crippled. We will find our papers full of ever its individual merits, sacrifices will not likely be over today, in the 4 stories more and more palatable to the something higher when it turns on re- years we have been working together powerful and secretive. No one argues porters—and so those merits must be on this legislation, we are closer than that that is the intention of those pros- balanced against the broader harms ever to acting on this bill. ecuting these cases I think prosecutors such a prosecution can work. I hardly have to recite the litany of simply want to do their jobs. But few If a free press inexorably creates a abuses that have been exposed because deny that it could, in time, be the ef- free government, as Jefferson sug- journalists called the powerful to ac- fect. gested, then the agents of that free count nor must I remind my colleagues When journalists are hauled into government—prosecutors included— how many of those exposures relied on court and threatened with imprison- owe a high debt to journalism. When confidential sources. ment if they don’t divulge their prosecutors threaten journalism, they Without confidential sources, would sources, we enter dangerous territory have begun to renege on that debt. we still know about the abuse of power for a democracy. The information we So, Mr. President, I am proud to sup- in the Watergate era? need to remain sovereign will be tar- port this valuable legislation—it is a Without confidential sources, would nished and the public’s right to know critical first step toward rebalancing Enron still be profiting from defraud- will be threatened. And I would submit the pursuit of justice and the diffusion ing its investors? to you that the liberties we hold dear of truth. I thank my colleagues again How long would torture at Abu will be threatened as well. for their leadership. Ghraib have persisted, if proof of these That is exactly why we need a Fed- The ACTING PRESIDENT pro tem- abhorrent crimes had not been pro- eral reporter shield. Forty-nine States pore. The Senator from Iowa is recog- vided to the press? as well as the District of Columbia nized. The most meaningful check on Mr. GRASSLEY. Mr. President, how abuses such as these is the free flow of have already adopted shield laws or other legal protections for reporters much time remains on this side? information. Thomas Jefferson said it The ACTING PRESIDENT pro tem- best: If I had to make a choice, to trying to safeguard their sources. The Free Flow of Information Act simply pore. There is 1 minute 10 seconds. choose the government without the Mr. GRASSLEY. Mr. President, I ask press or to have the press but without extends that widely recognized protection to the federal courts. unanimous consent to have 2 minutes the government, I will select the latter 10 seconds. without hesitation. Jefferson clearly This bill will allow journalists the opportunity to argue before a court The ACTING PRESIDENT pro tem- understood that a free government can- pore. Without objection, it is so or- not possibly last in the absence of a that they should not have to reveal sources and this can include bloggers. dered. free press. Mr. GRASSLEY. The American peo- But today, we find this cornerstone This is an important step the Federal Government can take to ensure that ple rightly wonder why these popular of self-governance facing a new expiring tax relief provisions can’t be threat—one that comes not from the the free flow of information is protected. passed by the Senate on their merits dictates of a dangerous government, alone. Why can’t we get there and ‘‘get but for the best of intentions. That is why I have such a difficult time understanding our Director of Na- ’er done’’? Part of the problem is that As we have heard time and again in the committee and floor process have recent years, in a spate of cases, pros- tional Intelligence’s recent comments regarding this bill. In an opinion piece been disregarded by the Senate Demo- ecutors have used subpoenas, fines, and cratic leadership. The debate and ex- jail time to compel journalists to re- in USA Today earlier this week, Admi- ral McConnell writes: change of ideas, which is the essence of veal their anonymous sources. the Senate, has been bottled up. The Judith Miller of the New York Times The intelligence community recognizes the Senate process is being truncated. was famously jailed for 85 days for re- critical role that the news media plays in For the first time in this decade, fusing to reveal a source. our democratic society. However, this bill Two San Francisco Chronicle report- would upset the balance established by cur- since 2001, the Finance Committee ers were found in contempt of court for rent law, crippling the government’s ability members have not been allowed to ex- to investigate and prosecute those who harm ercise their right in committee markup refusing to identify sources and hand national security. over material related to the BALCO with respect to these issues. With one steroids investigation. I find that very hard to believe. exception—the 2002 stimulus bill—for A Rhode Island journalist was sen- Every time the Congress seeks to bal- the first time in this decade, Senate tenced to home arrest on similar ance the need for security with our Members have not had the opportunity charges. rights as Americans, this administra- to debate and amend the extenders in a In 2005, some two dozen reporters tion says ‘‘we can’t have both—it’s one real Senate floor process. For the first were subpoenaed or questioned about or the other. You either can be safe or time in this decade, Senators in the confidential sources. give up rights.’’ minority are being presented with a Their offense, Mr. President? Jour- As I have said before—it is a false top-down deal, crafted in the dark cor- nalism. choice. ners of Democratic leaders’ offices of As one prominent magazine editor And it is a mischaracterization of the House and Senate. told Congress because of what has hap- what this bill does. The reporter shield The irony of all of this is compelling. pened: ‘‘Valuable sources have insisted is not absolute—nor should it be. The Almost 2 years ago today, we faced an that they no longer trusted the maga- public’s need to know must and will be attempt to end run the natural order of zine and that they would no longer co- weighed against other goods, which is the committee and floor process by the operate on stories. The chilling effect precisely why the bill establishes a bal- bicameral Republican leadership of the is obvious.’’ ancing test that will weigh the Govern- House and Senate. I referred to it at Experience has shown us that the ment’s interest in disclosure and the that time as a wrongheaded effort that most effective constraint on free public interest in gathering news and was doomed to fail—even when it came

VerDate Aug 31 2005 01:41 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.083 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7717 from my own party. It envisioned a even next year, as some have sug- in Winter and Cool in Summer Act. unicameral tax writing committee that gested. The high price of gas at the That was designed to bring much need- ignored the rights and privileges of pump is the most important domestic ed relief to poor families who struggle Members of both parties. I used sharp issue in America. I am not even sure at to heat and cool their homes in times words and directed them at my side’s this point what is in second place, but of soaring gas prices, matters that leadership in the House and Senate. I we all know what is in first place. have become literally life or death for am sure some on my side thought I had I will vote that we stay on the En- some of these people. gone a bit overboard in criticizing the ergy bill, and we ought to stay on it Republican filibusters blocked the Republican leadership at that time. until we get a solution for the Amer- Advancing American’s Priorities Act Then the Health, Education, Labor ican people. I urge my colleagues to which includes 35 stalled legislative and Pensions chairman, Senator ENZI, vote against moving off the subject of matters including—and these were stood with me. Some of my friends on lowering the price of gas at the pump. blocked by the Republicans—the Em- the Democratic side spoke up about the Let’s finish the job. This is only July. mett Till Unsolved Civil Rights Crime harm the leadership was doing to the We have plenty of time left this year to Act, the Runaway and Homeless Youth rights of the Members of the Senate. do other things that are confronting Act, and Republicans blocked several The ACTING PRESIDENT pro tem- our country. But let’s focus on the No. bills to help law enforcement cope with pore. The Senator’s time has expired. 1 issue confronting the American peo- mentally ill offenders and to protect Mr. GRASSLEY. May I have 1 more ple: the price of gas at the pump. The our children from the scourge of drugs, minute? way to do that is to stay on the subject child pornography, and child exploi- The ACTING PRESIDENT pro tem- and vote to stay on the subject, vote to tation. Republicans blocked all those pore. Without objection, it is so or- avoid going to some other issue. While bills. It would be a lot more if we also dered. it may be important, it is not as impor- list all those bills President Bush has Mr. GRASSLEY. Ironically, today we tant as this one. vetoed since the beginning of this Con- find the Democratic leadership at- Mr. President, I reserve the remain- gress. tempting to do much the same thing. der of our time, and I yield the floor. Here are the measures blocked by the Like the failed trifecta jam to which I The ACTING PRESIDENT pro tem- Republicans and the President: legisla- referred, today’s jam will not work. pore. The Senator from Vermont. tion to fund stem cell research and It is part of a larger problem with the Mr. LEAHY. Parliamentary inquiry, fight deadly and debilitating diseases. Senate because we are not going Mr. President: How much time is re- Republicans blocked to extend and ex- through the regular order at the com- served for the Senator from Vermont? pand the successful State Children’s mittee and the floor level. Issues are The ACTING PRESIDENT pro tem- Health Insurance Program. Repub- building up, tempers are flaring, and, pore. Ten minutes has been reserved. licans blocked a program that would most importantly, nothing is getting Mr. LEAHY. I thank the distin- have provided health insurance to more done. The Senate is constipated. This guished Presiding Officer. of the millions of American children legislative body needs a function, a Mr. President, I said on the Senate without it. They blocked setting a laxative. Legislation needs to circulate floor yesterday that I support the Free timetable for bringing American troops through this body in the usual form Flow of Information Act, S. 2035. Sen- home from Iraq. They blocked an at- like food through your body. We need ator SPECTER, the distinguished rank- tempt to ban waterboarding and help real debate, real amendments, and we ing member of the Judiciary Com- restore America as a beacon for the need an informal bipartisan process mittee, was exactly right when he said rule of law. The Free Flow of Information Act that leads to an agreement that can in his remarks last night that ‘‘this should not be added to the long list of pass the House and the Senate. bill is long past due.’’ After months I have my pencil sharpened, my and months of needless delay by the legislative victims of Republican ob- notepad out. I am ready to engage in Senate minority, I hope we will finally structionism. It is time for Senate Re- publicans to climb down from the bar- our usual bipartisan process with my be permitted to consider this impor- ricades and work with us to improve Democratic friend, Chairman BAUCUS. I tant legislative effort this morning. This is legislation that passed over- the lives of the American people. am hopeful that the Democratic lead- Time is running short in this Con- whelmingly in the other body. If the ership will relieve the constipation on gress. It is past time to end the par- Republicans would allow it, it would the tax extenders legislation. The Fi- tisan gamesmanship and to make pass overwhelmingly in this body. nance Committee and the Senate need progress. That is what I have been try- The Senate minority’s delay tactics to function just like our intestinal sys- ing to do throughout this Congress. I are nothing new. Since the beginning tem functions. hope, after 18 months of unnecessary of this Congress, we have witnessed all I yield the floor. obstruction, all Senators are finally manner of obstructionism by a minor- The ACTING PRESIDENT pro tem- ready to join us in getting our work pore. The Republican leader. ity of Republican Senators using fili- done. We have a historic window of op- CCONNELL. Mr. President, vot- Mr. M buster after filibuster, the most ever in portunity to enact a Federal statutory ing for cloture on this bill will take us the history of this country for that pe- shield law to protect Americans’ right off the single most important issue in riod of time. They use these filibusters to know. America. The American people are to thwart the will of the majority of I thank Majority Leader REID for his clamoring for legislation that will the Senate to conduct the business of willingness to bring the matter before bring down the price of gas at the the American people. the Senate. I worked with him to find pump. They expect their representa- Republican filibusters prevented Sen- an opportunity for Senate action since tives in Washington to do something ate majorities from passing the cli- the Judiciary Committee reported this about this crisis and to do something mate change bill. Republicans blocked bill last October, and I appreciate his about this crisis right now. us from passing the Employee Free support. Unfortunately, the Democratic lead- Choice Act. Republicans blocked the Senator SPECTER and I wrote to him ership has already tried to take us off Lilly Ledbetter Fair Pay Act. Repub- and the Republican leader in March the subject, to take us away from this licans blocked the DC Voting Rights urging consideration of this bipartisan issue a full four times in the last 5 Act. Republicans blocked the Renew- measure. Before that, I had written and days. About 8 in 10 Americans disagree able Fuels, Consumer Protection, and spoken with the majority leader about with them. Eight out of ten Americans Energy Efficiency Act of 2007. Repub- this legislation. disagree with the decision to try to licans blocked the Renewable Energy Our bill has 20 Senate cosponsors. move us off legislation dealing with the and Job Creation Act of 2008. Repub- The claim made yesterday by a Repub- No. 1 issue in America. The American licans blocked the Medicare Improve- lican Senator that this bill is not ready people think $4-a-gallon gasoline is a ments for Patients and Providers Act for the Senate’s consideration is sim- crisis that ought to be dealt with now; of 2008. Republicans blocked the Con- ply unfounded. The Judiciary Com- not in September, now. Dealing with sumer-First Energy Act. Most re- mittee has been working on a bipar- this issue should not have to wait until cently, Republicans blocked the Warm tisan basis for the past year to reach

VerDate Aug 31 2005 01:41 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.012 S30JYPT1 jbell on PROD1PC69 with SENATE S7718 CONGRESSIONAL RECORD — SENATE July 30, 2008 consensus on Federal shield legislation. We endorse the Free Flow of Information If we do not have the ability for our In addition, the Judiciary Committee Act in full knowledge of the genuine con- press to seek out these things, then we held three separate hearings on this flicts between national security and press are all hurt. Any administration, Re- bill during the 109th Congress. I hope freedoms in the toughest cases. We are also publican or Democratic, is going to be among the first to note it when media out- that the Republican cosponsors of this lets abuse their privileges. We regarded the perfectly willing to give us all the bill will join us in moving to the bill New York Times revelation of federal ter- press releases in the world saying all and that they will bring along the rorist surveillance, for instance, as a wanton the wonderful things they have done. seven or eight Republicans needed to act of damage to a vital and completely legal What I have found—and I have been defeat another Republican filibuster national security program. But no realist through six administrations—is that and allow us to make progress. and no proponent of limited government can they rarely want to talk about when A free and vibrant press is essential watch the epidemic of American journalists they make a mistake. That is what we to a free society in our country or any subpoenaed, questioned, held in contempt or need a free press for. country. That has been demonstrated jailed—more than 40 in recent years—without wondering when the slow march of the My parents had a small newspaper in over and over again during the past 8 Fourth Estate into an investigative arm of Waterbury, VT. I grew up in a family years. That is why I cosponsored the government reaches its ugly apotheosis. It is who revered the first amendment, re- Senate version of this bill and worked possible to have both liberty and security— vered it for the right to know, for the hard for a meaningful reporters’ shield indeed, that is the American way. Part of public’s right to know. What has set law this year. That is why I made sure the answer lies in assuring sources who risk this Nation apart from virtually any that for the first time ever, for the all to convey information vital to the public other nation on Earth is that our press first time in history, the Senate Judi- interest that the newsman who offers con- is free, our press is open, our press can ciary Committee reported a media fidentiality will not be forced to divulge— unless a high crime with real national-secu- ask questions, and our press can point shield law to protect the public’s right rity import has been committed. out mistakes—whether it is mistakes to know. I was glad to see that this bill The simple, constitutionalist reading of of Members of Congress or mistakes of was favorably reported by a strong bi- the First Amendment—‘‘Congress shall make the administration. partisan 15-to-4 vote. no law . . . abridging the freedom of speech, We need this shield law. Let’s not use I thank the leaders in the Senate who or of the press’’—does not countenance the any more excuses for one more fili- worked hard on the Federal reporters’ stripping of the core functions of the free buster. If you really believe in having shield law—Senators SCHUMER, SPEC- press. It must end. Yesterday, reporter Bill Gertz of The the shield law, vote for it. If you are TER, DODD, and LUGAR as well as the Washington Times appeared before a federal against it, vote against it. But don’t dozens of media groups that support judge in California expecting to face ques- hide behind some parliamentary ma- this measure. tions he should not have to answer. U.S. Dis- neuver of a filibuster. All of us, whether Republican, Demo- trict Judge Cormac Carney, a Bush ap- Mr. President, I reserve the remain- cratic, or Independent, have an interest pointee, declined to force Mr. Gertz to di- der of my time. in enacting a balanced and meaningful vulge his sources in a 2–year-old Chinese es- Mr. SPECTER. Mr. President, how shield bill to ensure the free flow of in- pionage story. ‘‘Today’s ruling is an impor- much time remains? formation to the American people. tant victory for our entire industry, the first The ACTING PRESIDENT pro tem- Forty-nine States and the District of in a long time to recognize a reporter’s rights to keep confidential sources,’’ said Ex- pore. The Senator’s time has expired. Columbia currently have codified or ecutive Editor John Solomon. Press reports Mr. SPECTER. How much time re- common law procedures to protect con- had indicated an intent to probe Mr. Gertz mains on this side of the aisle? fidential information sources. But even on the notoriously amorphous subject of The ACTING PRESIDENT pro tem- with these State law protections, the newsworthiness. The subtext: What details of pore. There is 7 minutes 47 seconds re- press remains the first stop, rather the story did Mr. Gertz consider newsworthy, maining. than the stop of last resort, for our and when did he consider them? On sources’ Mr. SPECTER. Mr. President, I ask government and private litigants when identities: What promises of confidentiality for 3 minutes. it comes to seeking information. did he make, and why did he make them? The ACTING PRESIDENT pro tem- This would have been extremely chilling. Our time to act is now. Our oppor- The truth is that not all classified infor- pore. Without objection, it is so or- tunity to act is now. The Washington mation is created equally. We live in an era dered. The Senator from Pennsylvania Times editorialized on July 25, ‘‘[a] of gross overclassification of government is recognized. sound shield law guards not ‘the media’ data—much of which belongs rightfully to Mr. SPECTER. Mr. President, I am but something much more vital—the the public but is kept secret for reasons of using this time even though my posi- public’s right to know.’’ bureaucracy, territoriality, undue risk aver- tion differs from what I believe will be I urge that all Senators do the right sion or sheer inertia. Responsible media out- the Republican caucus position, and I thing and end this unnecessary and lets can—and do—exercise discretion. More have asked for only 3 minutes. I will than three-quarters of the nation’s attorneys counterproductive filibuster. support cloture on this issue because I I ask unanimous consent to have general have called for the passage of a federal shield law. Attorney General Michael am a prime sponsor of the bill. I do not printed in the RECORD the Washington Mukasey opposes it on national security like displacing the pending legislation Times editorial in support of this bill. grounds. Mr. Bush has previously threatened on the oil speculators bill, but I believe There being no objection, the mate- a veto. It is time to let this pendulum swing if we are to move forward on that rial was ordered to be printed in the back. measure, we will do so in any event re- RECORD, as follows: Mr. LEAHY. Mr. President, we have gardless of what happens here. [From the Washington Times, July 25, 2008] found, especially in this administra- I have supported the Republican cau- THE RIGHT TO KNOW tion, time and again that when crimes cus position in opposing advancing leg- The great swinging pendulum of press lib- have been committed, when scandals islation where we have been denied the erty and government secrecy has lurched too have erupted, it is not because the Con- opportunity to offer amendments, but far in one direction. It is time for a correc- gress found them out, it is because the that is not an issue on a motion to pro- tion. Congress should pass and President press found them out. ceed. Bush should sign a reasonable, measured Abu Ghraib, one of the worst scan- shield law to push the pendulum back in the I believe this bill is of enormous im- direction of the First Amendment and the le- dals in the history of this country, portance, and if we do not act on it gitimate powers of the Fourth Estate. something that hurt us throughout the now, it will not be acted on for the bal- A sound shield law guards not ‘‘the media’’ world—we didn’t find out about it be- ance of the Congress, and who knows but something much more vital—the public’s cause questions were asked in this what will happen next year. right to know. Guarding that right often re- body or the other body; we found out I spoke at length on the merits of quires confidential sources deep inside gov- because the press found it out. We this subject yesterday, and the essence ernment. A measured law would not shield found out through the press and subse- of my position is that reporters have sources who perpetrate demonstrable and articulable harm to the country’s national- quently through our own investiga- been intimidated—a chilling effect—by security interests. But it would rightly tions the scandals of politicizing law the subpoenas which have been issued. shield most others. Such a bill awaits Senate enforcement by this administration The record shows a tremendous number action now. It should be passed. through the prosecutors’ offices. of subpoenas have been issued, and

VerDate Aug 31 2005 01:41 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.014 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7719 there have been incarcerations of re- including, as I mentioned, grand jury Mr. President, I ask unanimous con- porters. I will put in the record the de- testimony. Well, this was an inter- sent to have printed in the RECORD the tails of one of those involved, Judith esting day for him because Lance had full content of the letter from which I Miller of the New York Times, who never been in a predicament like this have just quoted. spent 85 days in jail and whom I per- before. Again, as I said, he had covered There being no objection, the mate- sonally visited. ball games. Nothing like this before. rial was ordered to be printed in the There is no doubt about the ex- He suddenly was faced with the knowl- RECORD, as follows: tremely high value in our society of a edge that he may have to go to jail for NATIONAL ASSOCIATION OF free press and an investigative press for stories he had written and information ATTORNEYS GENERAL, the disclosure of corruption, malfea- he had released. But he decided not to Washington, DC, June 23, 2008. sance, and wrongdoing at all levels in release the name. He thought it was Hon. HARRY REID, Majority Leader, U.S. Senate, public life and in private life. I think the right thing to do. He had given his Washington, DC. Jefferson expressed it best when he word. He said he would sooner go to Hon. MITCH MCCONNELL, said if he had to choose between gov- prison than release the name of that Minority Leader, U.S. Senate, ernment without newspapers or news- confidential informant. Washington, DC. papers without government, he would On the same day I met him, I met DEAR SENATORS REID AND MCCONNELL: We, choose newspapers without govern- with his lawyer, the lawyer for the San the undersigned Attorneys General, write to ment. So I believe this is a very impor- Francisco Chronicle. The lawyer told express our support for the Free Flow of In- formation Act (S. 2035). The proposed legisla- tant matter to go forward. me that although the Lance Williams tion would recognize a qualified reporter’s I didn’t want to use time on Senator controversy had been the most famous privilege, bringing federal law in line with MCCONNELL’s watch, if anybody ob- in recent cases she had dealt with, in the laws of 49 states and the District of Co- jected to it, but there is no other Re- the last 3 years that newspaper had lumbia, which already recognize such a publican on the floor, and I have used been served with 207 subpoenas by Fed- privilege. The Senate Judiciary Committee only 3 minutes, leaving the remaining 4 eral, State, and local prosecutors re- reported S. 2035 favorably on October 4, 2007, minutes and some seconds to anybody by a vote of 15–4. The House passed a similar quiring confidential information about reporter’s privilege bill, H.R. 2102, by a vote else who chooses to speak. sources. That uncertainty—207 sub- of 398–21. Mr. President, I yield the floor. poenas to the Hearst Communications Justice Brandeis famously referred to the The ACTING PRESIDENT pro tem- Company—puts the media in a very dif- important function the states perform in our pore. The Senator from Idaho. ficult position and places a burden on federal system as laboratories for democ- Mr. CRAIG. Mr. President, I under- them and reduces the likelihood that racy, testing policy innovations. See New State Ice Co. v. Liebmann, 285 U.S. 262, 311 stand there are no further Republican whistleblowers will come forward with speakers, so I yield back the remainder (1932) (Brandeis, J., dissenting). Reporter information. shield laws, which have been adopted— of our time. Forty-nine States and the District of through either legislation or judicial deci- The ACTING PRESIDENT pro tem- Columbia already have laws to protect sion—by every state but one, must now be pore. Without objection, it is so or- the relationship between journalists viewed as a policy experiment that has been dered. and their sources, so it is long past the thoroughly validated through successful im- The majority leader. age when the Federal Government plementation at the state level. Mr. REID. Mr. President, have the The reporter’s privilege that is recognized should follow suit. by the laws of 50 United States jurisdictions Republicans yielded back their time? The first amendment we have in our rests on a determination that an informed The ACTING PRESIDENT pro tem- constitution, the right to a free press, citizenry and the preservation of news infor- pore. That is correct. a press able to pursue charges of mation sources are vitally important to a Mr. REID. Mr. President, not long wrongdoing in our government and so- free society. By affording some degree of pro- ago I had a meeting with representa- ciety and basically to write whatever tection against the compelled disclosure of a tives from the San Francisco Chron- they want to write, is a critical pillar reporter’s confidential sources, these state laws advance a public policy favoring the icle. Among those at the meeting was a of our democracy. The first amendment sportswriter named Lance Williams. free flow of information to the public. An separates us from other nations and overwhelming consensus has developed Lance Williams covered football games governments. The State attorneys gen- among the states in support of this public and baseball games and basketball eral of 41 States called upon Congress policy, and United States Justice Depart- games. Some of them were high school to pass a national media shield law, ment guidelines, on which the current legis- level. He was not an investigative re- and today we have the opportunity to lation is largely modeled, likewise recognize porter. But one day this young reporter proceed to act in that regard by voting the interest in protecting the news media from civil or criminal compulsory process was contacted by a man who said: I can to proceed to the Free Flow of Informa- give you one of the biggest stories this that might impair the news gathering function Act. tion. Nevertheless, the federal courts are di- country has seen in a long time, but Mr. President, the National Associa- vided on the existence and scope of a report- you have to give me your word that tion of Attorneys General sent a letter, er’s privilege, producing inconsistency and you are not going to give them my which says, among other things, in the uncertainty for reporters and the confiden- name. I can give you a lot of places to last paragraph: tial sources upon whom they rely. go, I can even give you some grand jury By exposing confidences protected under By exposing confidences protected under state law to discovery in federal courts, the testimony, but you have to protect me State law to discovery in Federal courts, the because I could be in danger, my phys- lack of a corresponding federal reporter’s lack of a corresponding Federal reporter’s privilege law frustrates the purposes of the ical well-being. privilege law frustrates the purposes of the state-recognized privileges and undercuts the So Lance Williams talked to his peo- State recognized privileges and undercuts benefit to the public that the states have ple at the paper, his bosses, because the benefit to the public that the States sought to bestow through their shield laws. that was his obligation, and overnight have sought to bestow through their shield As the states’ chief legal officers, Attorneys Lance Williams became an investiga- laws. As the States’ chief legal officers, at- General have had significant experience with tive reporter, not a sports reporter. In torneys general have had significant experi- the operation of these state-law privileges; ence with the operation of these State law his investigation he found that these that experience demonstrates that recogni- privileges; that experience demonstrates tion of such a privilege does not unduly im- leads took him down a very disturbing that recognition of such a privilege does not pair the task of law enforcement or unneces- road, a road that ended with evidence unduly impair the task of law enforcement sarily interfere with the truth-seeking func- and a book that was published, ‘‘The or unnecessarily interfere with the truth- tion of the courts. The sponsors of S. 2035 Game of Shadows,’’ which exposed the seeking function of the courts. The sponsors have sensibly sought to strike a reasonable rampant use of steroids in sports that of S. 2035 have sensibly sought to strike a balance between these important interests, we now know so much about, including reasonable balance between these important as the states have done, and we are confident such sports names as Barry Bonds. interests, as the States have done, and we that the legitimate concerns for national se- are confident that the legitimate concerns After he released this information, he curity and law enforcement can be addressed for national security and law enforcement in the court procedures for evaluating a was subpoenaed by the Government to can be addressed in the court procedures for claim of privilege. release the identity of his informant evaluating a claim of privilege. We urge you We urge you to support the Free Flow of who had leaked to him a lot of things, to support the Flee Flow of Information Act. Information Act and to enact legislation

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.016 S30JYPT1 jbell on PROD1PC69 with SENATE S7720 CONGRESSIONAL RECORD — SENATE July 30, 2008 harmonizing federal law with state law on what both sides want most of all: clear overwhelmingly supported on a bipar- this important subject. guidelines and certainty. tisan basis and passed the House by a Thank you for your consideration of our In doing so, it offers us the oppor- vote of 387 to 37. views. tunity to strengthen our public safety Also in this legislation is something Sincerely, and national security while firmly de- that is long overdue. Paul Wellstone Douglas Gansler, Attorney General of Maryland; Rob McKenna, Attorney fending the right to a free and open was a great Senator, and his No. 1 issue General of Washington; Terry Goddard, press. was mental health parity. He believed Attorney General of Arizona; Dustin TAX EXTENDERS people who are sick emotionally or McDaniel, Attorney General of Arkan- Mr. President, we have heard Repub- mentally deserve the same attention as sas; Edmund G. Brown Jr., Attorney licans expend a tremendous amount of people who are sick physically. He General of California; John Suthers, words and energy talking about en- worked with Senators DOMENICI, KEN- Attorney General of Colorado; Richard ergy. Today, Democrats offer them yet NEDY, and others to get this passed. Blumenthal, Attorney General of Con- Unfortunately, Paul was killed in a necticut; Joseph R. Biden III, Attorney another chance to stop the talking and actually do something to solve the plane crash, but now is the time to General of Delaware; Bill McCollum, move forward on this legislation. This Attorney General of Florida; Thurbert problem. We have already offered Sen- E. Baker, Attorney General of Georgia. ate Republicans three opportunities to simply says that mental health is con- Alicia G. Limtiaco, Attorney General of pass the so-called tax extenders. sidered just as serious and legitimate a Guam; Mark J. Bennett, Attorney Gen- Today, they have a fourth opportunity. medical concern as physical health, eral of Hawaii; Lawrence Wasden, At- This tax extender legislation pro- and those who suffer should receive torney General of Idaho; Lisa Madigan, vides tax incentives to private sector equal access to the health care they Attorney General of Illinois; Tom Mil- innovators who are discovering new need to get well. ler, Attorney General of Iowa; Stephen ways to harness the power of the wind, We have made some compromises in N. Six, Attorney General of Kansas; the current version of the legislation Jack Conway, Attorney General of the Sun, geothermal, and other sources of clean renewable energy all over that we would rather not have made, Kentucky; James D. ‘‘Buddy’’ Caldwell, but we made them in an effort to pick Attorney General of Louisiana; G. Ste- America—from the State of Nebraska, up help from the other side of the aisle. ven Rowe, Attorney General of Maine; the State of Nevada, and other places We did so because we understand that Michael Cox, Attorney General of around the country. Michigan. I see the Senator from the State of compromise is essential to legislate, Lori Swanson, Attorney General of Min- Texas, where T. Boone Pickens is a and we acted in good faith in respond- nesota; Jim Hood, Attorney General of ing to Republican concerns. I hope our Mississippi; Jeremiah Nixon, Attorney resident. He is moving forward big time on alternative energy. But the people Republican colleagues will see this—as General of Missouri; Mike McGrath, we do—as an opportunity for a bipar- who are doing the big projects in Ne- Attorney General of Montana; Jon tisan solution to the energy crisis. braska and in Nevada need tax credits. Bruning, Attorney General of Ne- This is just one piece of the puzzle, braska; Catherine Cortez Masto, Attor- It is important. It is part of the proc- ney General of Nevada; Kelly A. but it is an important piece, the most ess. important piece, and one that can Ayotte, Attorney General of New Mr. President, this is something we make a difference in energy prices Hampshire; Gary King, Attorney Gen- need to do. This tax extender legisla- now—immediately. So we hope Repub- eral of New Mexico; Andrew Cuomo, tion provides tax incentives that are so Attorney General of New York; Roy licans will decide to take yes for an an- very important. If they succeed, these Cooper, Attorney General of North swer. Carolina. innovators—and with our help they Legislating requires the participa- Wayne Stenehjem, Attorney General of will—immediately we will find the cre- tion and cooperation of both sides of North Dakota; Nancy Hardin Rogers, ation of hundreds of thousands of the aisle. We can’t do this by ourselves. Attorney General of Ohio; W. A. Drew jobs—not tens of thousands but hun- Surely the American people are tired of Edmondson, Attorney General of Okla- dreds of thousands of jobs, real jobs, homa; Hardy Myers, Attorney General Republicans delaying and rejecting high-paying jobs, construction jobs. It every effort Democrats make to solve of Oregon; Tom Corbett, Attorney Gen- will be good for the economy and it eral of Pennsylvania; Henry McMaster, our Nation’s problems. We don’t need Attorney General of South Carolina; will be good for the environment. every Republican to agree. Perhaps Lawrence E. Long, Attorney General of These are American jobs. These are today is the day that we will get South Dakota; Robert E. Cooper, Jr., jobs you can’t take overseas. enough Republicans to reject the poli- Attorney General of Tennessee; Mark Chairman BAUCUS has done a tremen- tics of delay and inaction and embrace Shurtleff, Attorney General of Utah; dous job with this legislation. If any- the path of progress. William H. Sorrell, Attorney General one in this Senate knows how to bring Mr. President, if Republicans don’t of Vermont; Darrell V. McGraw Jr., At- all sides to the table and bring common vote to move forward on this legisla- torney General of West Virginia. ground, MAX BAUCUS does, and this bill tion, we will continue to be on the mo- Mr. REID. Mr. President, for all of is no exception. Having heard Repub- tion to proceed to this legislation—the those who are, as I am, concerned with lican criticism of the previous version tax extenders. We are not going to be providing law enforcement with the of the tax extender legislation, Chair- in a position to legislate anymore, it tools they need to keep us safe, it is man BAUCUS set out to make this bill appears, on the speculation bill. That important to note that this legislation be one that would satisfy a significant is too bad. I spoke with the president, strikes the appropriate balance be- number of Senators. Not only did as I have said on the Senate floor on a tween the public’s right to know and Chairman BAUCUS address previous Re- number of occasions, of United Air- law enforcement’s need for informa- publican concerns about the tax ex- lines, and he is convinced the price of tion. It is based largely upon existing tender package, this new legislation oil has gone down because we are talk- internal Department of Justice guide- also does other things that are very ing about speculation. lines and provides for a qualified privi- important. So it appears that the Republicans lege for journalists who are subpoenaed For example, there are provisions have rejected our offers to do some- to testify about their confidential which will provide for much needed as- thing on the tax extenders package sources, unless the government can sistance not only to flood victims in that we have just talked about. The show there is no reasonable alternative the Midwest but also victims of natural Republican leader said: Have Senator source of the information and the in- disasters in Nevada, Kentucky, Geor- BAUCUS deal with Senator GRASSLEY formation is critical to the case. gia, Tennessee, Colorado, Mississippi, and compromise. Well, that was a total This legislation includes exceptions and a significant number of other waste of time because, again, all the for harm to national security, acts of States. Republicans want to do is not pay for terrorism, death, kidnapping, or other This bill also transfers funds to the anything, and we know the House will bodily harm. This is a balanced piece of highway trust fund, which, in street not accept that—and rightfully so. legislation, and it carefully considers parlance, is upside down. It is out of This is really unfortunate. So we are the needs of the media and law enforce- money. There is a projected shortfall of going to be on this matter to proceed ment. It is bipartisan and provides $3 billion next year. This proposal is to the tax extenders.

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.015 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7721 We are willing to complete the most Cantwell, Richard Durbin, Barbara A. cloture was not invoked on the media important legislation. The Consumer Mikulski, Frank R. Lautenberg, Ber- shield bill. Product Safety conference report has nard Sanders, Robert Menendez, Patty The PRESIDING OFFICER. The mo- been completed. The higher education Murray, Barbara Boxer, Ron Wyden, Ken Salazar, Bill Nelson, Daniel K. tion is entered. conference report has been completed. Inouye, Amy Klobuchar. Mr. REID. For the knowledge of all We will be happy to work with that. It The PRESIDING OFFICER. By unan- Members here now, we are now still on should take a short period of time. We imous consent the mandatory quorum the motion to proceed to the media hope we would not have to have cloture call is waived. shield bill; the one that cloture was not on those but around here it appears, The question is, Is it the sense of the invoked on. So that is what we are with 90 filibusters, they may even fili- Senate that debate on the motion to going to be on for the foreseeable fu- buster something that has over- proceed to S. 2035, a bill to maintain ture. whelming bipartisan support again. the free flow of information to the pub- We have a couple matters that are We are also, before we leave here, lic by providing conditions for the fed- possible that we can move forward on. going to have a vote on a motion to erally compelled disclosure of informa- That will be up to the minority as to proceed to the Defense Authorization tion by certain persons connected with when and where we will do that. We bill that Senators WARNER and LEVIN the news media shall be brought to a have the consumer product safety bill, have worked so hard on. close? we have also the work that has been If the Republicans decide they want The yeas and nays are mandatory done on the higher education bill. to negotiate in good faith on this mat- under the rule. The clerk will call the I am going to file cloture before we ter that is before the Senate and this roll. leave on the motion to proceed to the does not pass, that is the extenders, The assistant legislative clerk called Defense authorization bill. As I told Senator BAUCUS is standing by ready to the roll. the distinguished Republican leader do that—but it has to be in good faith. Mr. DURBIN. I announce that the today, if there is some serious negotia- It has to be in an effort to get some- Senator from Massachusetts (Mr. KEN- tions on the extenders, Senator BAUCUS thing accomplished, not to say we want NEDY), the Senator from Missouri (Mrs. is ready to do this. to pay for nothing, more red ink, more MCCASKILL), the Senator from Illinois But as a notice to everyone, as I said red ink. We know the deficit now is ap- (Mr. OBAMA), and the Senator from in my statement before the vote, there proaching half a trillion dollars this West Virginia (Mr. ROCKEFELLER) are is a new sheriff in town by the name of year because of the programs we have necessarily absent. PELOSI. The House will not allow mat- seen President Bush initiate and not Mr. KYL. The following Senators are ters to be passed without being paid initiate. necessarily absent: the Senator from for. I agree with her. We have far too We are willing to move forward on Arizona (Mr. MCCAIN) and the Senator long not paid for things. these tax extenders. We think the mat- from Mississippi (Mr. WICKER). We have a situation now where we ter should be paid for, as does the The PRESIDING OFFICER. Are there have had 8 years of buying red ink by House. We have a letter signed by 220- any other Senators in the Chamber de- the trainload. We have now a situation odd House Members saying don’t both- siring to vote? where the deficit this year will be er to send anything back that is not The yeas and nays resulted—yeas 51, about half a trillion dollars. The only paid for. We will not pass it. nays 43, as follows: thing we have heard, and Senator BAU- We have tried to be as reasonable as [Rollcall Vote No. 191 Leg.] CUS heard yesterday on the tax extend- we can be. We hope the Republicans YEAS—51 ers, is what the Republicans want to will join with us and move forward on do: We want to have some more things, energy legislation, that is the tax ex- Akaka Durbin Menendez Baucus Feingold Mikulski but we do not want to pay for any of it. tenders, that will actually help the Bayh Feinstein Murray The Speaker has sent a letter to me country. Biden Hagel Nelson (FL) Bingaman Harkin Nelson (NE) signed by 220 Members of the House of UNANIMOUS-CONSENT REQUEST—S. 3268 Boxer Inouye Pryor Representatives, saying these matters Mr. REID. Mr. President, I ask unan- Brown Johnson Reed have to be paid for. What we did in this imous consent that S. 3268, energy Byrd Kerry Salazar Cantwell Klobuchar Sanders work done by Senator BAUCUS, there speculation, not be displaced and that Cardin Kohl Schumer were matters that rightfully should it remain the pending business not- Carper Landrieu Smith not be paid for, such as disaster assist- withstanding the Senate adopting the Casey Lautenberg Specter ance. motion to proceed to a calendar item. Clinton Leahy Stabenow Collins Levin Tester As we have indicated in the past, The PRESIDING OFFICER (Mr. Conrad Lieberman Webb even though the House does not like it, CASEY). Is there objection? Dodd Lincoln Whitehouse and we do not particularly like it, the Dorgan Lugar Wyden Mr. CORNYN. Mr. President, reserv- AMT in this bill is not paid for. So ing right to object, this side of the NAYS—43 other than that, things are paid for and aisle believes we need to dispose of the Alexander Crapo McConnell paid for in a very responsible way. pending Energy bill to help bring down Allard DeMint Murkowski The tax extender package includes Barrasso Dole Reid the price of gas at the pump first, be- some things that would change energy fore turning to other matters, so for Bennett Domenici Roberts Bond Ensign in this country as we have known it for that reason I object. Sessions Brownback Enzi Shelby 100 years. The PRESIDING OFFICER. Objec- Bunning Graham Snowe It would change from a situation now tion is heard. Burr Grassley Stevens Chambliss Gregg Sununu where everything is done with fossil CLOTURE MOTION Coburn Hatch Thune fuel to a situation that T. Boone Pick- Cochran Hutchison The PRESIDING OFFICER. Pursuant Vitter ens and others envision, where we to rule XXII, the Chair lays before the Coleman Inhofe Corker Isakson Voinovich would be depending on the Sun, the Senate the pending cloture motion, Cornyn Kyl Warner wind, geothermal, biomass. This is which the clerk will state. Craig Martinez real. There are people during the last 4 The assistant legislative clerk read NOT VOTING—6 months who have been laid off, work- as follows: Kennedy McCaskill Rockefeller ing on these alternative energy CLOTURE MOTION McCain Obama Wicker projects, renewable energy projects. We, the undersigned Senators, in accord- The PRESIDING OFFICER. On this There are people who could go to work ance with the provisions of rule XXII of the vote the yeas are 51, the nays are 43. tomorrow on these projects. Remem- Standing Rules of the Senate, hereby move ber, these are all American jobs, jobs to bring to a close debate on the motion to Three-fifths of the Senators duly cho- proceed to Calendar No. 434, S. 2035, the Free sen and sworn not having voted in the that can’t be exported anyplace else. Flow of Information Act. affirmative, the motion is rejected. As I said to the Republican leader Harry Reid, Charles E. Schumer, Debbie Mr. REID. Mr. President, I enter a today, the August schedule is in his Stabenow, Christopher J. Dodd, Maria motion to reconsider the vote by which hands. I have told those assembled here

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.018 S30JYPT1 jbell on PROD1PC69 with SENATE S7722 CONGRESSIONAL RECORD — SENATE July 30, 2008 today what we have to do. I told Sen- forward of their children, grand- Arizona (Mr. MCCAIN) and the Senator ators what we have to do. I am tremen- children, and great-grandchildren bur- from Mississippi (Mr. WICKER). dously disappointed that the tax ex- ied by Bush deficits. The PRESIDING OFFICER. Are there tenders were not passed. I was just The PRESIDING OFFICER. The Sen- any other Senators in the Chamber de- given a note by the chairman of the ator from Arizona. siring to vote? Environment and Public Works Com- Mr. KYL. I note that 88 Senators The yeas and nays resulted—yeas 51, mittee about something that also is in voted in favor of that approach dealing nays 43, as follows: this bill that would create lots of jobs, with this subject. [Rollcall Vote No. 192 Leg.] at least 150,000 high-paying jobs, and Mr. REID. I appreciate the statement YEAS—51 that is to replenish the money from the of my friend from Arizona. I believe in Akaka Dole Menendez highway trust funds. Those moneys are these extenders so strongly that even Baucus Dorgan Mikulski not going to be there, which will cause though I would much rather have them Bayh Durbin Murray paid for, we all know the debt has to Biden Feingold Nelson (FL) people not only to not have jobs, but it Bingaman Feinstein Nelson (NE) will stop projects from going forward stop someplace. As I indicated, the Boxer Harkin Pryor that are already in progress. House of Representatives, to their Brown Inouye Reed credit, will not accept these not being Byrd Johnson Salazar The schedule in August is up to the Cantwell Kerry Sanders Republican leader. As I have said be- paid for. That is the way it should be. Cardin Klobuchar Schumer fore on a number of occasions, we basi- We should not be running up massive Carper Kohl Smith cally have finished what we have to do deficits that the Bush administration— Casey Landrieu Snowe first year, second year, third year, Clinton Lautenberg Stabenow this work period. We have tried might- Coleman Leahy Tester ily during the last 18, 19 months to get fourth year, fifth year, seventh year, Collins Levin Webb things done. We have had to deal with and now in the eighth year—is willing Conrad Lieberman Whitehouse about 90 filibusters. Whatever the num- to accept. The war in Iraq, $5,000 a sec- Dodd Lincoln Wyden ber is, we increased it by one today. We ond; it doesn’t matter. NAYS—43 will see what happens on the legisla- We are where we are, but I am very Alexander DeMint McConnell tion dealing with higher education and disappointed that we are where we are. Allard Domenici Murkowski Barrasso Ensign see what is going to happen with the As I said, my Senators are waiting to Reid hear from the Republican leader what Bennett Enzi Roberts Republicans as it relates to the con- Bond Graham Sessions sumer product safety legislation. That he wants to do the rest of this week Brownback Grassley Shelby may add two more filibusters. Of and into the future. Bunning Gregg Specter Burr Hagel Stevens course, we have the Defense authoriza- f Chambliss Hatch Sununu Coburn Hutchison tion bill to which we wish to proceed. JOBS, ENERGY, FAMILIES, AND Thune Cochran Inhofe We will have a vote on that on Friday. Vitter DISASTER RELIEF ACT OF 2008— Corker Isakson It is up to the minority to determine MOTION TO PROCEED Cornyn Kyl Voinovich what we will do on that. Craig Lugar Warner CLOTURE MOTION As I have indicated on a number of Crapo Martinez occasions, we have the conventions The PRESIDING OFFICER. Pursuant to rule XXII, the clerk will report the NOT VOTING—6 coming up in August, which is impor- Kennedy McCaskill Rockefeller tant to every Senator. We have other motion to invoke cloture. The assistant legislative clerk read McCain Obama Wicker important items we have been working as follows: The PRESIDING OFFICER. On this on that need to be done at home. We CLOTURE MOTION vote, the yeas are 51, the nays are 43. can’t do them in Washington. But we Three-fifths of the Senators duly cho- await word from Republicans, if they We, the undersigned Senators, in accordance with the provisions of rule XXII of the sen and sworn not having voted in the are going to negotiate seriously on the Standing Rules of the Senate, hereby move affirmative, the motion is rejected. tax extenders. Other than that, I have to bring to a close debate on the motion to Mr. REID. Mr. President, I enter a stated, I believe pretty clearly, where proceed to Calendar No. 898, S. 3335, the Jobs, motion to reconsider the vote by which we are. Energy, Families, and Disaster Relief Act of cloture was not invoked on the motion The PRESIDING OFFICER. The Sen- 2008. to proceed to the energy renewables ator from Arizona. Harry Reid, Max Baucus, Bernard Sand- package. Mr. KYL. I wish to note that the en- ers, Christopher J. Dodd, Maria Cant- The PRESIDING OFFICER. The mo- well, Benjamin L. Cardin, Daniel K. ergy tax extenders would have been law tion is entered. as of 7 a.m. this morning if they had Inouye, Hillary Rodham Clinton, Patty f not been taken out of the housing bill Murray, Ron Wyden, Debbie Stabenow, Patrick J. Leahy, Dianne Feinstein, FREE FLOW OF INFORMATION ACT by the Democratic majority. We should Richard Durbin, Robert Menendez, be aware of the fact that one of the Sherrod Brown, Carl Levin. OF 2007—MOTION TO PROCEED— Continued reasons why this issue remains is the The PRESIDING OFFICER. By unan- strategy from the majority on the imous consent, the mandatory quorum The PRESIDING OFFICER. The as- housing bill. call has been waived. sistant majority leader is recognized. Mr. REID. Understand, though, that The question is, Is it the sense of the Mr. DURBIN. Mr. President, it is my is the whole problem. They don’t want Senate that debate on the motion to understanding until 12:30 the Demo- to pay for anything. The bill that is be- proceed to S. 3335, a bill to amend the crats control the time; is that correct? fore the Senate is paid for. What he is Internal Revenue Code of 1986 to extend The PRESIDING OFFICER. There is talking about is the flimflam where certain expiring provisions, and for no agreement in order. you pass all these things and don’t pay other purposes, shall be brought to a Mr. DURBIN. Mr. President, I ask for them. That is why we have a stag- close. unanimous consent that I be recog- gering deficit that during this adminis- The yeas and nays are mandatory nized for 5 minutes and Senator tration has gone up more than $3 tril- under the rule. STABENOW be recognized for 20 minutes lion. When George Bush took office, The clerk will call the roll. following me. over 10 years there was a surplus of The bill clerk called the roll. The PRESIDING OFFICER. Without about $10 trillion. That is long since Mr. DURBIN. I announce that the objection, it is so ordered. gone. I appreciate very much the state- Senator from Massachusetts (Mr. KEN- ENERGY ment of my friend from Arizona, but NEDY), the Senator from Missouri (Mrs. Mr. DURBIN. Mr. President, this vote the fact is, that is what we are talking MCCASKILL), the Senator from Illinois that was cast is something America about here. They don’t want to pay for (Mr. OBAMA), and the Senator from should not miss. This was about an en- anything. The tax extenders in our West Virginia (Mr. ROCKEFELLER) are ergy program for America, and it was package are paid for, as they should be. necessarily absent. defeated. It was defeated because only The American people should not be Mr. KYL. The following Senators are four Republicans—maybe five—man- burdened and leave a legacy looking necessarily absent: the Senator from aged to cross the aisle and help us.

VerDate Aug 31 2005 01:41 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.020 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7723 This is 2 days running that the Repub- produce more energy in America, have But here is where we are at this licans—who have given us speech after them vote for it, not give more speech- point. Because of the no, no, no votes speech about why we need an energy es with their ‘‘produce more, use less’’ by that side—what they said no to policy—have voted no. That is all they slogans on the floor. Produce some today was making sure we can pay for do: vote no. votes for us. A few less speeches and a the highway projects we have already What did this proposal include? It in- few more votes and we would have an authorized, we have already told the cluded energy tax credits desperately energy policy. That is the reality. States to go ahead and start con- needed by America. This morning, Sen- There is something that can be done structing. ator STABENOW gathered together Gov- immediately, though, and it is some- I say to the Senator, $8 billion was in ernors, leaders in business and leaders thing this President can do and does this bill that they just said no to, in labor and they all told us the same not need to wait on Congress, and he again—$8 billion to replenish the high- thing: Pass the energy tax credits, and ought to do it today. President Bush way trust fund. That translates to— pass it now. Jobs are at stake across should announce he is going to start and hold on to your hats, folks—400,000 America. selling off oil from the Strategic Petro- good-paying jobs that will be lost if we I had a major company in Chicago leum Reserve to bring the price of a do not replenish this fund, not to men- that came in—the CEO came in to see barrel of oil down to $100 a barrel. That tion the jobs that are already being Senator REID and myself last week— is our target price for America. That lost because they refuse to renew these facing bankruptcy because we cannot will turn this economy on. That will tax credits for solar, wind, and geo- pass this bill. Why? Because the Tax give the airlines a chance. That will thermal. Code was written year to year, creating put the truckers back to work. That Mrs. BOXER. In my State, we have a incentives for investment in wind will give the farmers a break. horrible housing crisis. It is terrible. power. That is the power that does not The President can do it without any Construction is down. What has been pollute but creates electricity. Wind congressional approval. His father did keeping us afloat, I say to my col- turbines all over my State and all over it. It is not a radical idea. Seven hun- leagues, is the renewable energy indus- the country are doing the right thing dred million barrels of oil—if the Presi- try. Four hundred solar companies for our future. They will not continue dent released and sold 10 percent of have moved in. They are taking these without these tax credits, and the Re- that, saying: My goal is to get to $100 workers. So how could we have—Mr. publicans consistently vote no. And a barrel, that oil on the market would President, I ask unanimous consent then—hang on—after lunch they will start the price coming down. that the Senator have 1 more minute. be on the floor saying we desperately All this discussion on the Republican The PRESIDING OFFICER. Without need an energy policy. side and from the President about drill- objection, it is so ordered. Mrs. BOXER. So I say to my friend, Where were they when we needed ing—if we decided today to start drill- this Republican Party here, they are them? That was not the only thing in ing certain acreage, you would not see the recession party. They stand for re- this bill. This bill also put $8 billion in the first drop of oil for 8 to 14 years. cession and moving into depression the highway trust fund that has gone You would have to wait 8 to 14 hours with their votes, does my friend not broke. Across America, we are losing for the President’s announcement about releasing oil from SPR to see an agree, with their votes today? jobs, at a time when we need good-pay- Mr. DURBIN. This is the second time ing jobs right here at home, because impact on the market. It is time for Presidential leadership. in 24 hours we have given the Repub- Republicans refuse to do this. They The fact that the President comes out licans a chance to show whether they will not vote for it. are for an energy policy which will There was another provision or two of the oil industry and the Vice Presi- produce more clean energy and more in there equally important, but I wish dent does as well, they understand it. And the oil industry has never done jobs for America, and four of them to focus on those two. Let me explain better. came forward to support us—only four. to you why they would not vote for it. Now it is time for the President to There are 49 of those Senators, and 4 They would not vote for it because on show leadership. He can do it. We voted with us. the Democratic side we insisted that if should call on him in Congress, on a bi- Mrs. BOXER. And the trust fund. you are going to have tax credits given, partisan basis: Release this oil from Mr. DURBIN. And the trust fund, of we pay for them so that, ultimately, it the SPR, bring down the price of a bar- course—a critical point—which can does not add to our national deficit. rel of oil, give American families a create 400,000 jobs across America. This President inherited a surplus fighting chance when they go to the Middle-income families are strug- from President Clinton and has now gas station, and give these companies a gling to survive. We need more good- taken the gold, the silver, and the chance to create more good-paying jobs paying jobs right here in this country. bronze medals for the biggest deficits— in America. That is what is at stake. How can they come down here and con- top three deficits—in the history of the Mrs. BOXER. Mr. President, will the sistently vote no and say they want an United States in his 8 years. We are Senator yield for a couple questions? energy policy? saying this has to end. We cannot Mr. DURBIN. Mr. President, I am The President should release oil from broker America’s future for our chil- happy to yield. SPR this week. Our goal should be $100- dren. So we want to pay for these tax Mrs. BOXER. First of all, Mr. Presi- a-barrel oil. The President doesn’t need credits. We do it in a way that even the dent, I have known my friend from Illi- Congress. Let him show some leader- business community says: That is rea- nois, the senior Senator from Illinois, ship in this energy crisis. sonable. We can live with it. But not for many years. We served in the House Mr. President, I yield the floor to the the Republicans. Only four or five will together. He is one of the most colle- Senator from Michigan. cross the aisle to help us. gial Members of the Senate. I say to The PRESIDING OFFICER. The Sen- A minute ago, I met in my office the Senator, I do not think I have ever ator from Michigan is recognized. with the CEO of American Airlines, Ge- seen you quite as upset and angry as Ms. STABENOW. Mr. President, I ask rard Arpey. This poor man is strug- you are. unanimous consent that the majority gling to keep one of the major airlines I wish to ask my friend—because he control the time until 12:30, the Repub- in America out of bankruptcy. He is touched on this—as to the real impact licans control the next 30 minutes, the cutting back on schedule, reducing the on America’s families that he started majority control the next 30 minutes, number of employees because, unfortu- to discuss. As chair of the Environment and the time until 6 p.m. be controlled nately, when oil is $125, $135 a barrel, and Public Works Committee, I know, in 30 minute blocks in an alternating the cost of jet fuel is bankrupting his as he does, we have to fund our high- fashion. airline. He is begging me—begging way program. I know my colleague The PRESIDING OFFICER. Without me—the United States and the Con- from Michigan and my colleague from objection, it is so ordered. gress to show some leadership. Minnesota both are going to talk about AMERICA’S PRIORITIES Now, what can we do? First, we can the need for safe and sound infrastruc- Ms. STABENOW. Mr. President, I get some Republicans to join us for ture and the fact that with it comes wish to thank my colleagues, our as- this energy policy. If they want to good jobs. sistant majority leader from Illinois

VerDate Aug 31 2005 01:41 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.022 S30JYPT1 jbell on PROD1PC69 with SENATE S7724 CONGRESSIONAL RECORD — SENATE July 30, 2008 and the Senator from California, for Unfortunately, that is exactly what midsized car. I urge Congress to act imme- speaking today, because we are quite has happened. diately. astounded, I have to tell my col- Record profits. The total combined Mr. President, we had a chance to act leagues. Coming from the great State net profits of the big five oil companies immediately today to do something of Michigan where we care about jobs— since our President took office are up- that would make a difference, a real and I know the Presiding Officer does, wards of $556 billion. If I sound a little difference, and Congress didn’t do it. coming from the great State of Penn- upset, I am because I have folks in my I also have one other letter from a 17- sylvania—our folks are desperate for State who are just struggling to try to year-old high school student who has a good-paying jobs, middle-class jobs make it. Are they investing here at job. She says: I make $7.15 an hour and that allow them to pay that mortgage home with that $556 billion? The oil put in about 20 hours a week. My job and pay those outrageous gas prices companies spent $188 billion buying sometimes interferes with my edu- and to be able to keep their families back their own stock in the last 5 cation because I am trying to make afloat and put food on the table. years. Exporting. A record 1.6 million money that I need. My job affects What we had happen in front of us barrels a day were exported, 33 percent school because I need to work. It today was an effort to once again block higher than before. makes it difficult for me. I am paid the future of alternative energy jobs We are in a global economy. Unfortu- every 2 weeks and spend about $100 a and block today, by stopping it, an in- nately, even though I think it is impor- week on gas to get back and forth to vestment in the highway trust fund tant to have a domestic oil supply, it is school and work. She says: Even during that would keep 400,000 jobs going in in a global economy. It is not nec- school time, I ride the bus to try to our country. That is a lot of jobs— essarily going to stay here. The drill- save money, but now I probably won’t 400,000 jobs. only, the drill-forever crowd, that is be riding the bus because school dis- Now, why would they do that? When the oil agenda. It is the oil profits tricts are cutting back on transpor- you look around, since this President tation to school. They are doing this and Vice President have taken office, agenda in a global economy. Let me share for a moment some because they don’t have enough money gas prices have tripled. Oil prices are to fill up the buses’ gas tanks. four times higher. Families and busi- folks who are suffering under the oil agenda of this President and Vice What is going on? What is going on nesses are being squeezed on every side. here? We are fighting for the people of Why can’t we get action? Who benefits? President and the Republicans who have been in charge. this country who expect to be able to I wonder who would like this picture. put gas in the schoolbus, who expect to Well, let’s look at who would like In South Haven, MI, a beautiful little town along Lake Michigan, this was in be able to have seniors get Meals on this picture. I only pick on one com- Wheels, who expect to be able to drive pany because they happen to be the the paper. Early last month, Jeanne Fair, who is 62 years old, got her first to work. That is what this is about. It ones showing the highest profits. Dur- is about time we change the agenda of ing this time that families and truck- hot meals delivered to her home in this little lake community in the rural this country and who decisions are ers on the road are trying to make a being made for. The reality is—I think living, and businesses, small and large, southwestern part of the State. After it is, unfortunately, way too simple, are trying to hold it together, during two deliveries of meals, they stopped but it is true—we have had 8 years of this time of crisis, $185 billion profit because the volunteers couldn’t afford two oilmen in the White House and it since our President and the Vice Presi- the gas to get her the food. ‘‘They has gotten us paying $4-a-gallon gaso- dent—two oilmen from Texas—took of- called and said I was outside of the de- line, maybe a little less, maybe a little fice. Mr. President, $185 billion in prof- livery area,’’ said Mrs. Fair, who is more. That is the reality. We have seen its. What we have here is an oil agenda. homebound and hasn’t been able to use over and over not only efforts on this We have had an oil company agenda her left arm since a stroke in 1997. floor to block what we are doing but on since they took office on every step of Faced with soaring gasoline prices, the way. agencies around the country that pro- top of that, to add insult to injury, a The bill that was turned down vide services to the elderly say they free ride for the oil companies. today—it wasn’t just turned down are having to cut back on programs In January of 2006, the New York today; it was, in fact, turned down on such as Meals on Wheels, transpor- Times reported that the Bush adminis- June 10 of this year, June 17 of this tation assistance, and home care, espe- tration was allowing oil and gas com- year, July 29, and today. This isn’t the cially in rural areas that depend on panies to forgo royalty payments— only time. We have gone back as far as volunteers to provide their own gas. In forgo royalty payments—on leases in last year, a year ago. Tax incentives in a recent survey by the National Asso- Federal waters, public waters in the the Energy bill were blocked twice by ciation of Area Agencies on Aging, Gulf of Mexico. It would cost American Republican colleagues on behalf of big more than half said they already cut taxpayers more than $60 billion. Sixty oil on June 21, 2007, and December 13, back on programs because of gas billion dollars would equal 38 days of 2007. We can go on. February 7 of this prices. Ninety percent say they are ex- free gas for every American. How about year, Republicans blocked adding crit- pected to cut them back in 2009. that. So not only are they blocking us ical energy production tax incentives This is the United States of America, from creating alternatives, not only to the stimulus that was passed. They and we have volunteers who have to are they blocking us from taking tax- are willing to give everybody a little stop giving meals to people in rural payer money—the same people I just bit of a check, a little bit of a rebate Michigan so these folks can keep up read about are subsidizing the oil com- check, but when we are talking about this agenda here: $185 billion profit panies because we can’t stop these sub- creating jobs and investing in competi- since George Bush took office. And our sidies going to the most profitable tion with the oil companies, oh, no. Oh, folks can’t afford gas. companies in the world—the world. We no. Let me share something else, a letter can’t get that stopped when we are try- Who wouldn’t want that competi- from a gentleman: ing to say: Take those dollars and move them over to the future, which is tion? Let me see. Maybe these folks As my family’s only breadwinner, I drive wouldn’t want that competition. over an hour each day to my job at LifeWays alternative energy that will allow gas Maybe they were the ones who said: in Jackson . . . The reason I drive over an prices to go down, that will free us No, no, we don’t want to be focusing on hour each way is because jobs for profes- from foreign oil, get us off of a policy electric vehicles and investing in bat- sionals are extremely rare in Hillsdale Coun- that depends on those around the world tery technology or consumer credits ty where I live. Over 16 car industry-related who aren’t exactly our friends, and for new vehicles. No, no, we don’t want plants have closed in Hillsdale County in the make us stronger in terms of national to be investing in solar and wind and past 10 years, leaving the unemployment security. We can’t get that done. Then, rate sky high and wages extremely low. The to add insult to injury, they waive oil geothermal. No, no. Getting off of oil? newest hit is the high prices for energy No, no, no, no. This is the oil adminis- which are hurting me and my family. Not and gas leases—$60 billion. I would love tration. We don’t want to get off of oil; even looking at the 55-cent increase per gal- to have been able to waive some house we want to embrace it. We want to conlon of propane we were just notified of, my payments. I would love to have been tinue it. commute costs me $28 a day and I drive a able to say to folks who were trying to

VerDate Aug 31 2005 01:41 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.024 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7725 make it and not lose their house in don’t find some ways to use less and changes were made. That has been foreclosure: We will give you 90 days, find more, we are not going to be able passed in the Senate and passed in the don’t worry about it, because we care to make the transition to renewable House on the floor, and changes were about families and we want to make energies. We are being blocked from made. Now it has been conferenced. sure you keep your house. doing that. Last night, it took us all of an hour We finally have a housing bill. It is What we are doing is ‘‘gotcha’’ poli- and a half to work out the differences too late for many people, but we finally tics. We have been doing it for several and finish the bill. That will be a privi- have one, thank goodness, that the months now, and it is wrong. How can leged motion that will come here. So President would sign. you tell when it is ‘‘gotcha’’ politics? we will finish up a major bill in about Where are the priorities of this coun- When a bill doesn’t go through the regan hour and a half because it went try? Who are we making decisions for? ular process, when it doesn’t go to through the process. That is the question. Who are we mak- committee so that there can be exten- You cannot take something such as ing decisions for? sive debate among the people who are energy, put out a phony bill, expect it So I have extreme concern about the expert in that area, so that the people to pass, and check off the box on en- direction in which we are going. I have in that specific committee have a ergy. It is not going to work. We are to tell my colleagues, as somebody who chance to make amendments. That is not going to do that. That has never comes from a State where there is such where a lot of the legislating happens. been the way we have done work in the a little bit of support right now, it By the time it gets to the floor, it is Senate. We take a bill to committee, would give us a whole lot more impact kind of take it or leave it—maybe a few get it worked out, bring it to the floor, in the short run if we were to invest— amendments but not many are ever al- and let people make amendments. That and I know that. I am so grateful to lowed. On this one, the most we have is the way we do things here. It takes our Senate leadership for supporting been allowed is four amendments, time, but it doesn’t take nearly as our efforts to retool our auto plants, to which have been written by the other much time as forcing all of these fili- keep jobs in America for new vehicles. side of the aisle. busters by putting up bills that the We are now focusing our talk so many That is unconscionable. It has never tree will be filled on, which means no- times on this floor on what we are been done in the history of the United body can do any amendments—a take- doing to support the advanced battery States. And then they demand a 60- it-or-leave-it bill. research and development so we are vote margin on those. It will not hap- As long as we are doing take-it-or- making those new batteries in Amer- pen, and neither is anything else, until leave-it bills, nothing is going to hap- ica, not only for automobiles but for we do something about energy because pen. It makes good publicity because energy storage, and making sure we it is the No. 1 concern of people in they will run ads in Wyoming that will are the energy producers and creating America now. There is good reason for say Senator ENZI voted against this the jobs of the future. A few invest- that. I know trucking firms that are and that. And you know, I think the ments we can do immediately within going out of business. People want to people in Wyoming kind of have it fig- the next couple of years would tremen- take vacations, and they are either ured out. They know we are actually dously impact us. having to reduce the distance they are trying to get something done. They I know my time is up. Let me just in- going or eliminate the vacation alto- know what a crisis it is on energy. We dicate that it is time to change the gether. I know people who are having have to make a difference there. agenda. The American people have had trouble getting to work. So, remember, if a bill hasn’t been to enough. This big-oil agenda which has We can put quick solutions, medium, committee, it is a ‘‘gotcha’’ bill, de- been driving the train here on the Sen- and long-range solutions, in there that signed by one party. Several times ate floor and which has been driving would resolve the energy problem for there have been negotiations started the train in the White House has to America. The world is becoming more between the two parties, such as on the stop. energy oriented. The world under- tax extenders bill. But thinking that We have to take away their track stands energy. China understands en- would be a good ‘‘gotcha’’ vote, we had and turn this thing around, so that we ergy. China is buying up every source the package that you saw earlier that are focusing on what the American of energy it can find around the world, didn’t make it through cloture. That people want us to focus on to help because it grows their economy. They could be negotiated out. That could them and their families in this coun- are using some of the worst stuff they make it through the process. It needs try. can possibly use. That is why housing to make it through the process. But it I yield the floor. at the Olympic village isn’t going to be is not going to make it through the The PRESIDING OFFICER. The Sen- able to used for the athletes, because process if one side says let’s put this ator from Wyoming is recognized. they won’t be able to breathe prop- out there, and the other side will have Mr. ENZI. Mr. President, I rise today erly—even though they have bought a lot of trouble voting for this, and we to continue the discussion we are hav- clean Wyoming coal, and they tried to can claim they don’t like tax extending on our Nation’s energy situation buy an oil company in the United ers. I don’t think that has been the his- and to point out that it is a discussion, States so they could take that oil to tory of the country. I know it hasn’t it is not action. China. India is also competing for en- been the history of the Senate. I point out that the other side of the ergy. That competition is driving up Energy is so important. Energy im- aisle could be called the ‘‘great pre- the prices. pacts every part of our lives. When gas- tenders.’’ They are pretending to be in- Unless we find more and use less and oline and diesel fuel are more expen- terested in energy, but they are not transition into renewables, we are sive, you pay more to fill up your vehi- doing anything about energy. The only going to have a long problem in the cle at the pump. So do truckers who thing we have been allowed to debate economy of this country. As long as we transport the items we need, such as on this has been the bill on specu- keep bringing bills to the floor that food. In turn, you pay more at the gro- lators. I have talked about speculators have not been through committee, cery store. You pay more for gifts you and the role they have and what the where people with disagreements can buy for loved ones. The high cost of possibilities are for them to skew the move off to the side and work that out fuel makes it harder for families to fill market. It is the blame game. For and bring it in, it is not going to work. up their gas tanks. They are canceling every person who gains a dollar, a per- We are going to have a higher edu- vacations or they are picking ones son loses a dollar. cation bill this week, and that will closer to home. Because they are forced Our airlines rely on the speculation, make a difference to students through- to cancel vacations, main street shops rely on those markets to hedge their out the United States—in high school, are closing down because they don’t prices, and we call it speculation. It going to college, and those in college have consumers to buy their products. has allowed them to lock in a reason- continuing with college. That went Low energy costs make it possible for able price some of the time. through the whole process. That has our economy to flourish, and at a time So it is the great pretender package, been through the committees in both of economic concern, we should be because it doesn’t solve energy. If we the House and the Senate. A lot of doing everything we can to improve

VerDate Aug 31 2005 01:41 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.025 S30JYPT1 jbell on PROD1PC69 with SENATE S7726 CONGRESSIONAL RECORD — SENATE July 30, 2008 our Nation’s energy situation as op- pension arena but wished to write separately thereby undermine one of ERISA’s core prin- posed to hindering it. The ‘‘energy to highlight our particular concerns about ciples. bill’’ we are debating ignores this fact potential erosion of one of the core prin- The experience of other nations has shown because it only deals with a small part ciples of the Employee Retirement Income that efforts to impose investment restric- Security Act (ERISA). tions and/or investment requirements on of our energy situation—energy specu- CIEBA is a group of over 115 private pen- pension plans impairs performance and lation. sion funds that manage more than $1.5 tril- thereby harms the interests of pension plan I have noticed that whenever a situa- lion in defined benefit and defined contribu- participants and beneficiaries. This has been tion gets bad, Congress plays the blame tion plan assets on behalf of more than 17 the European experience, and we fear current game. In this instance, the price of gas million plan participants and beneficiaries. efforts to restrict investments in commod- is making you angry. It makes me As you know, our nation’s voluntary em- ities could be the beginning of a counter-pro- ployer-sponsored pension system has served ductive movement in this direction in the angry, too. I am sick of paying $4 a gal- Americans well for over half a century and lon to fill my gas tank. I want action. U.S. We hope to work with you and your tens of millions of workers and retirees rely Senate colleagues to ensure that this will Instead of action, the majority has on defined benefit and defined contribution not be the case. Instead, we must ensure that given us the legislation to punish spec- retirement plans as a critical element of our existing ERISA structure—imposition of ulators. Never mind that speculators their retirement security. demanding fiduciary obligations paired with are pension funds, airlines, and other CIEBA is concerned about the possible un- broad investment flexibility—is preserved. consumers who are looking for cer- intended consequences of S. 3268. While we Thank you for your consideration of our understand and share the concerns regarding tainty in an uncertain market. They views on this important issue. We would be the rising costs of energy, severely restrict- happy to provide further input on this legis- have given us a bill that clamps down ing investment in energy commodities mar- on speculators even though the Chair- lation to ensure the health of a secure retire- kets, as S. 3268 would do, endangers the fi- ment system that will continue to serve the nancial well-being of the pension system and man of the Federal Reserve has said interests of the tens of millions of pension the American families who rely on this sys- there is no evidence that speculation is plan participants and beneficiaries. impacting the market. tem. CIEBA has been working actively to high- Sincerely, As I mentioned in my statements light the pension implications of restrictions WILLIAM F. QUINN, last week, this speculation bill might on commodities investing and warn against CIEBA Chairman. even have negative consequences on the adverse effects of such restrictions on the market. I spoke at length regard- pension participants and beneficiaries. I tes- JULY 25, 2008. ing the possible unintended con- tified on June 24, 2008, before the Senate Re adverse retirement plan implications of energy speculation legislation (S. 3268). sequences of the majority leader’s bill Homeland Security and Governmental Af- on institutional investors, including fairs Committee on these issues, and the Hon. HARRY REID, Majority Leader, U.S. Senate, pension funds, and their ability to ac- chairman of CIEBA’s defined benefit subcommittee, Robin Diamonte, testified before Washington, DC. cess and participate in our markets. the House Agriculture Committee on July 10, Hon. MITCH MCCONNELL, Since I made those statements, I re- 2008. In our testimony, we made clear that Republican Leader, U.S. Senate, ceived two letters from The Committee while commodities are only a modest compo- Washington, DC. on Investment of Employee Benefit As- nent of a pension fund’s total investment DEAR MAJORITY LEADER REID AND REPUB- sets, and from a group of 10 associa- portfolio, they are nonetheless quite impor- LICAN LEADER MCCONNELL: We are writing tions that represents pension funds, tant because commodity returns are today to express concerns about the implica- companies, and their investment man- uncorrelated with stock and bond returns tions of S. 3268, the ‘‘Stop Excessive Energy Speculation Act of 2008’’, on employer-spon- agers and fiduciaries, expressing their and commodities provide a critical hedge against inflation. We further testified that sored retirement plans and the tens of mil- concern about the majority leader’s efforts to restrict the ability of pension lions of American workers and retirees who bill. I ask unanimous consent that both plans to invest in commodities markets, rely on these plans for their retirement secu- of these letters be printed in the whether through outright prohibitions or se- rity. We represent organizations that assist RECORD. vere limitations, is short-sighted and coun- employers of all sizes, and their service pro- There being no objection, the mate- terproductive. Such restrictions would make viders, in providing retirement benefits to rial was ordered to be printed in the it difficult for pension plans to adequately employees. We are very concerned that the serious im- RECORD, as follows: diversify investments to hedge against market volatility and inflation. Consequently, plications of S. 3268 on retirement plans and THE COMMITTEE ON INVESTMENT they would put at risk the retirement funds retirement plan participants have not been OF EMPLOYEE BENEFIT ASSETS, and benefits of the very workers the legisla- sufficiently evaluated. We are also concerned Bethesda, MD, July 25, 2008. tive proposals are intended to help. that this legislation relating to energy pol- Re energy speculation legislation (S. 3268) As leaders of the Senate committees with icy could unintentionally harm the long- erodes core ERISA principle of invest- pension jurisdiction, we hope you share our term financial security of American workers ment flexibility. concern about adopting energy legislation and their families. Hon. EDWARD M. KENNEDY, with such major implications for the pension Employer-sponsored defined benefit plans Chairman, Committee on Health, Education, system, particularly when your committees invest for the long-term and do so in a wide Labor and Pensions, U.S. Senate, Dirksen of jurisdiction have not had an opportunity range of asset classes in order to diversify Senate Office Building, Washington, DC. to consider these issues. Congress has long plan investments and reduce to the greatest Hon. MICHAEL B. ENZI, recognized that direct government regula- extent possible the risk of large losses. These Ranking Minority Member, Committee on tion regarding specific pension plan invest- strategies are central to employers’ fidu- Health, Education, Labor and Pension, U.S. ments is ill-conceived, and ERISA very con- ciary obligations to act prudently and solely Senate, Hart Senate Office Building, Wash- sciously avoids such an approach. As you in the interest of the plan’s participants and ington, DC. know, ERISA imposes rigorous fiduciary re- beneficiaries. Plan fiduciaries are subject to Hon. MAX BAUCUS, sponsibilities on those who manage pension extremely demanding legal obligations under Chairman, Committee on Finance, U.S. Senate, plan assets. These rules require plan fidu- the Employee Retirement Income Security Dirksen Senate Office Building, Wash- ciaries to act prudently, and to diversify Act (ERISA). ERISA was drafted to preserve ington, DC. plan investments so as to minimize the risk the fiduciary’s flexibility to select the in- Hon. CHARLES E. GRASSLEY, of large losses. Moreover, ERISA requires fi- vestments that will allow them to carry out Ranking Minority Member, Committee on Fi- duciaries to act solely in the interest of plan their mission of providing retirement bene- nance, U.S. Senate, Dirksen Senate Office participants and beneficiaries and for the ex- fits to employees. Commodities are one of a Building, Washington, DC. clusive purpose of providing participant ben- broad range of asset classes upon which fidu- DEAR CHAIRMEN KENNEDY AND BAUCUS AND efits. Accomplishment of these participant- ciaries rely. Commodities serve as a modest RANKING MEMBERS ENZI AND GRASSLEY: I am focused objectives can best be achieved by but important element of the investments writing today on behalf of the Committee on broad fiduciary discretion to select appro- held by employer-sponsored defined benefit Investment of Employee Benefit Assets priate investments and asset classes and this pensions because commodity returns are (‘‘CIEBA’’) to express our concerns regarding is precisely the regime adopted in ERISA. uncorrelated with stocks and bonds and be- S. 3268, the Stop Excessive Energy Specula- Fiduciaries cannot faithfully execute their cause they provide an important protection tion Act. This legislation would erode a cen- obligations and respond to market condi- against inflation. tral principle of the legal regime governing tions if restrictions are imposed on impor- For the same reasons, commodities are our voluntary pension system. We share the tant investment approaches and asset class- used in many of the diversified ‘‘single fund’’ sentiments expressed in the letter of concern es. Unfortunately, this is precisely what S. solutions (lifecycle funds, target retirement regarding S. 3268 sent to the Senate earlier 3268 would do. Its restrictions would erode fi- date funds) that have been developed to sim- today by ten trade associations active in the duciaries’ critical investment discretion and plify investing for the tens of millions of

VerDate Aug 31 2005 01:41 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.027 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7727 Americans participating in defined contribu- Now we are in the energy generation. He has used a procedural tactic to pre- tion plans such as 401(k), 403(b) and govern- There are young people out there who vent votes on amendments. No votes, mental 457 plans. These single fund solu- can invent clean ways to do what we just a speculation bill, bills that tions, which policymakers have encouraged through legislation and regulation, make in- need to do, who can change things that haven’t gone through committee. He vesting easier while giving workers access to we never considered to be energy. I has prevented a vote on amendments I professionally managed, diversified port- have a lot of faith in them. I have chal- have cosponsored to produce more folios. lenged them. I do the inventors con- American energy. He prevented a vote The restrictions imposed on commodities ference every winter in Wyoming, and I on my amendments to make the specu- investing under S. 3268 would greatly limit have asked the young people to come lation bill more reasonable. He is pre- the ability of employer-sponsored defined up with inventions—and they don’t venting a vote on an amendment of benefit and defined contribution plans to use this important asset class. The result will be have to be difficult, but they should which I am a cosponsor that would en- less ability to diversify investments, manage pertain to a pertinent problem so they courage production of diesel and jet investment volatility and provide a buffer can be marketed. We got more than 250 fuel from America’s most abundant en- against inflation. Unfortunately, it is the inventions as a result of it. ergy source—coal. employees and retirees who depend on em- Now I am pressing for energy inven- It is the wrong way to legislate and ployer retirement plans for their income in tions. We have not built a new refinery will not help you when you go to fill retirement who will ultimately suffer. We in the United States for 40 years. Part your gas tank. It will not help you hope, with this in mind, that the implica- of it is the permitting process and part when you get your electricity bill, your tions for retirement plans and plan participants will be examined more fully before S. is a fear of lawsuits. We permitted a heating bill this winter. 3268 is considered further. new refinery in Douglas, WY. It will What we need is legislation that en- We sincerely appreciate your consideration turn out diesel fuel. That is one of the courages us to find more American en- of our views on this important matter. biggest needs we have in our country, ergy as we use less. I am the cosponsor Please let us know if we can provide addi- because of how much we rely on truck- of legislation to do that. The Gas Price tional information or address any questions ing in the United States, including Reduction Act, which is cosponsored by you may have. trucking to be able to mine the coal. 43 of my Republican colleagues, in- Sincerely, By producing American energy, we cludes a provision to open coastal wa- American Bankers Association. ters in States where they want energy American Benefits Council. reduce our Nation’s dependence upon American Council of Life Insurers. foreign oil sources and, at the same production. It ends the ban on the de- The ERISA Industry Committee. time, we work to develop new tech- velopment of promising oil shale in The Financial Services Roundtable. nologies that will make it so we don’t Wyoming, Colorado, and Utah, oil shale Investment Company Institute. need oil in the future. We can safely that can provide as much as 2 trillion Managed Funds Association. produce more American energy off of barrels of oil. At the same time, the Profit Sharing/401(k) Council of America. the coasts of States that want explo- Gas Price Reduction Act encourages Securities Industry and Financial Markets ration to take place. We can produce increases in the supply of American en- Association. nearly a million barrels of American ergy, it promotes the development of U.S. Chamber of Commerce. better technology so we use less en- Mr. ENZI. While the majority has energy each day from the Arctic Na- tional Wildlife Refuge, in an environ- ergy. given us someone to blame, they have Thus far, we haven’t had a vote on not given us a comprehensive bill that mentally sensitive manner, from an area smaller than Dulles Airport. In those issues. We have been told by the will get us out of this energy mess. majority leader we can have limited They have not given us a proposal that fact, it is smaller than the Casper, WY airport. A million barrels a day will amendments with limits as to how addresses the heart of the problem—the those amendments can be debated. bring down the price at least $20 a bar- problem of supply and demand. We That is not right, and it needs to stop. rel. We can improve the permitting need to find more American oil from If it doesn’t, we will not address this process to allow some of the leases that American soil at the same time that issue and the American people will con- the other side claims are not in produc- we use less. We need to quit shipping tinue to suffer. those dollars overseas to countries that tion to be drilled by restricting the I yield the floor. would like to do us harm. We need to amount of times we let radical environ- The PRESIDING OFFICER. The Sen- do something with renewables. But mental groups file frivolous lawsuits. ator from Iowa. there are also things we can do with They have to file all of their objections TAX EXTENDERS the coal resources we have. My State at the same time, so they can be done Mr. GRASSLEY. Mr. President, we has more coal than the Btus of oil in consecutively instead of sequentially. finished a fourth vote on the tax ex- the Middle East. I have a lot of faith in Most of the original leases are by small tenders bill. As the great baseball phi- our young people. When I was going to investors. It costs about $1,500 an acre. losopher, Yogi Berra, said: ‘‘It’s deja vu junior high, Russia put up Sputnik, and It is 5 or 6 years before they can even all over again.’’ we panicked. We discovered—even in use the lease. We hear all of these acres Here we are getting ready to vote and junior high we realized this—we were of leases that are not being drilled, and just finishing a vote for the fourth now behind Russia, and it was a crisis. it is because they are tied up in the time on the motion to proceed to the We didn’t want to be there. Education courts. As soon as they can be drilled, House tax extenders bill. As I said, it is changed, parents changed, and teachers they are. There is a tremendous invest- deja vu all over again and yet again. changed. We began inventing. We not ment. They don’t know if they are The vote, I believe, was 51 to 43, so only solved the problem of space, we going to hit oil, but the cost of a well very short of what it takes to get busi- sent a man to the Moon. We have sent now is about $8 million. ness done in the Senate, which is to vehicles to Mars and other planets. Instead of relying on oil from Hugo work a bipartisan agreement so we That was the rocket generation. Chavez, in Venezuela, or other nations have more than 60 votes to get business Then we went to the computer gen- that wish us harm, instead of playing done. This is a no-brainer, in this par- eration. We have people with extraor- the blame game, we can do something ticular instance, to get an extenders dinary minds, because of the freedom to bring down the price of gas. That is bill and the AMT. we have in the United States, who what my constituents are begging us to The futility of this exercise, which is came up with great inventions for com- do. motivated purely by partisan politics, puters. I remember when they said that Unfortunately, we are not having a makes this vote as silly as a ‘‘Three 640K would be the maximum memory real debate on the bill. The Senate is Stooges’’ episode. Instead of wasting you could ever use in a computer. No- oftentimes called the most deliberative time on such a silly exercise, the Sen- body even knows what that is anymore, body in the world. Yet we are not al- ate Democratic leadership should be it is so small. lowed to debate the issue that is most working on negotiating a bipartisan Then we went to communications, important to the American people. deal with Senate Republicans that can and we said there ought to be better Why, you might ask? The majority be signed into law by the President. ways to communicate. Then we began leader has used a procedural tactic to The American people do not want an- the cell phone generation. prohibit us from offering amendments. other futile vote on tax extenders.

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.018 S30JYPT1 jbell on PROD1PC69 with SENATE S7728 CONGRESSIONAL RECORD — SENATE July 30, 2008 They want a bill that will be signed families. The provision for the State truly takes to run the Government. We into law. That would provide the Amer- and local sales tax would help almost should not be using sunset tax provi- ican people with the tax relief that is 11 million families. Also, the deduction sions as an excuse to increase taxes, needed. for expenses for tuition and fees would and that is all it is. The extenders vote we had has al- help over 4.6 million families. In addi- In addition, the Democrats’ desire to ready failed before. Albert Einstein fa- tion, the deduction for expenses of use permanent offsets to pay for an ex- mously stated the definition of ‘‘insan- school teachers would help 3.4 million tension of temporary tax provisions is ity’’ is doing the same thing over and Americans. These hard-working tax- extremely problematic. It creates a sit- over and expecting different results. payers are more important than a 30- uation where the permanent offsets The Senate Democratic leadership has second sound bite to be used in the that can be agreed to on a bipartisan already done the same thing too many next campaign because of political basis—in other words, the low-hanging times and, of course, today sought to games that are being played. fruit all gets used to pay for the exten- do it again. This is a waste of every- The bottom line is, when we have 24 sion of temporary tax provisions. one’s time. Everyone can see through million people being hit by AMT, 4.6 Under the Democrats’ tax side only, the Democratic leadership’s strategy million people on the deduction of col- pay-go obsession, once all the low- for what it is: a partisan political exer- lege expenses, and 3.4 million people hanging fruit is used—and we are rap- cise, designed solely to get 30-second hit by increased taxes because school idly approaching that point—then the sound bites for political ads. teachers will not be able to deduct sup- choice becomes much uglier for them Let’s stop this nonsense. Let’s work plies from their income taxes, real and much uglier for the American tax- out a bipartisan compromise on the tax Americans are being hurt while polit- payers. The choice becomes whether to extenders bill. Let’s reach agreement ical games are being played, when ev- extend existing tax policy that has in a form that can be signed into law erybody in this body knows the only broad support by increasing taxes in by the President. The President made way we get things done is in a bipar- areas that will hurt Americans. it very clear today that he is not will- tisan way. Nobody advocates the inconsistency ing to sign what we had before us a few The biggest divide between Repub- of the pay-as-you-go rules more than minutes ago into law. Of course, what licans and Democrats regarding tax ex- the famed House of Representatives I am asking is that the Senate Repub- tenders relates to the issue of offsets, Blue Dogs, and they are all Democrats. lican leadership has been trying to also known as revenue raisers, or I The Blue Dogs portray themselves as urge the Senate majority to move in think we ought to be more intellectu- fiscal conservatives. We agree with the this direction. ally honest and call these tax in- Blue Dogs’ goals of fiscal responsi- The Senate Republican leadership creases. In other words, tax increases bility. They will have allies all over has made numerous offers to the Sen- on Americans generally to provide the my side of the aisle if they want to ate Democratic leadership to try to extension of some policy that has been control spending. The problem is the find a way to break the logjam on tax on the books for decades. Blue Dogs are pursuing the same old extenders. So far, our colleagues on the My party’s position has been clear on tax-and-spend game under the cloak of other side of the aisle have been un- this issue. We are perfectly willing to fiscal responsibility. The Blue Dogs willing to enter into a bipartisan use offsets that make sense from a tax will fight tooth and paw over any tax agreement on a tax extenders bill that policy perspective to pay for new tax relief that is not offset with a cor- even attempts to address legitimate policy. However, tax relief provided by responding tax increase. However, the same self-described fis- concerns of the minority party in this extending existing tax policy or expir- cally conservative Blue Dogs are not body. ing provisions, or somebody may call willing to fight tooth and paw to seek As the Senate Democratic leadership these sunset provisions, we do not feel the same equality for the taxpayers on engages in pure partisan politics by they should have to be offset. We the spending side of the ledger. They bringing up the tax extenders bill for should not be raising taxes in order to have a big appetite for spending. The yet another vote, the chairman of the pay for the extension of existing tax Blue Dogs generally do not seek to off- Democratic Senatorial Campaign Com- policy. mittee is probably grinning like a One reason I care about this issue is set spending increases with spending cuts in other areas. But in taxes, it is Cheshire cat, thinking of all the 30-sec- that there is currently a bias in favor a whole different story. In fact, the ond campaign ads they will be able to of using this as an excuse to bring in Blue Dogs do not even seek to curb the make. However, the people of New more money to increase the size of amount of spending increases for which York are not grinning because they are Government. The pay-as-you-go rules they hunger. not getting the benefit of any of these apply to expiring tax provisions which By portraying themselves as fiscal tax relief provisions. All the tax relief are not built into the revenue base. On conservatives, while in reality playing provisions that are very important to the other hand, if you have sunset of the same old tax-and-spend game, the the American people, including even to appropriations, these are built into the Blue Dogs remind me of the land shark the people of New York, are being held spending baseline. Therefore, in order character played by Chevy Chase on hostage as part of the political game of to extend expiring tax provisions, the ‘‘Saturday Night Live.’’ This was many the Democratic Senate leadership hav- pay-go rules require an offset, and that years ago, so maybe some of you will ing vote after vote on cloture to stop happens to be a big tax increase. not remember. But we have a picture of debate for whatever reason. Whereas, if you have extensions of ex- the land shark skit with the theme Some of these important tax relief piring appropriations provisions—in from ‘‘Jaws’’ playing in the back- provisions are the alternative min- other words, spending provisions—they ground. imum tax patch, the deduction for the do not need to be paid for by decreased The land shark knocks on a person’s State and local sales tax, the deduction spending in other areas because they door. With the door still closed, the of tuition expenses, and the deduction are assumed in the spending baseline. person would ask: Who is at the door? for expenses of school teachers. How is Therefore, pay-as-you-go rules apply to The land shark would reply: Flower anybody going to find fault with the the extension of expiring tax provi- delivery. fact that these provisions should have sions, but in an intellectually, incon- The person answering the door then been done a long time ago? In fact, the sistent way do not apply to the exten- said: You are that clever shark, aren’t AMT patch should have been done be- sion of expiring spending provisions. you? cause, since the first of the year, tax- This inconsistent treatment makes And in response, the land shark said: payers who have had to file quarterly no sense—intellectually inconsistent; I Candygram. tax payments have been violating the say to the taxpayers of America, intel- If you don’t know how the skit ended, law if they haven’t taken into consid- lectually dishonest. It is biased to cre- the person eventually let the land eration that there are 24 million Amer- ate ever larger Government. The shark in the door because that person ican families right now hit by the al- money the American people earn, after believed the land shark when the land ternative minimum tax. That figure all, is their money. We should only shark said he was a dolphin. And, yes, would include 3.1 million New York take the money from them that it the land shark ate that person.

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.035 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7729 The moral of the land shark story is, My colleagues on the other side of and NAFTA—and they want us to look don’t let yourself be fooled that the the aisle are unwilling to even consider at what PNTR—Permanent Normal Blue Dogs are fiscal conservatives be- decreasing their increased nondefense Trade Relations—with China has cause they are pursuing the same old discretionary spending that is above meant. They want us to look at Colom- tax-and-spend Washington game. Don’t the President’s budget. If the Blue bia, and Peru, and Panama, and South let the House of Representatives Blue Dogs of the other body are fiscal con- Korea, and what those agreements Dogs’ insatiable appetite for spending servatives, they should come out and might mean to our country. swallow the much-needed tax relief say they are willing to decrease this in- It is pretty clear that Americans are contained in the tax extenders. crease in the new extra nondefense dis- not satisfied with the status quo of I recommend that folks take a look cretionary spending. Instead, the Blue NAFTA, CAFTA, and WTO-modeled at the cover story of the June 14, 2008, Dogs’ position has been that all of the policies. One reason is our severely un- edition of the National Journal maga- tax relief provided in the tax extenders balanced trade relationship with the zine about the Blue Dogs. It is very en- package, even the extension of the ex- People’s Republic of China. When it lightening. isting tax policy, must be offset by an comes to competing with China, Ohio In trying to reach a bipartisan agree- equal amount of tax increases on every workers and manufacturers are playing ment on tax extenders, my party’s other American. Why not look at curb- with one hand tied behind their back. leadership has made several offers to ing this new excess spending to pay for We shouldn’t be playing under these the other side’s leadership. One of part of the much needed tax relief? So rules. Athletes at next week’s Olympics these offers is to pay for some new tax let us get back to square one. I invite will not be playing by these rules. policy using offsets that make good tax my Blue Dog friends who claim to be Maybe there is a lesson there for the policy sense. This is not simply a vague fiscal conservatives to answer that Chinese Government, for the United promise to look for such offsets. For question. instance, I have suggested we use the Back to where we started today— States Government, and for our trade policy. Workers, like athletes, can offset that closes the loophole that al- back to Yogi Berra. He also said: ‘‘It compete with anyone—good athletes lows hedge fund managers to defer ain’t over ’til it’s over.’’ This extenders and certainly American workers can compensation for tax haven jurisdic- vote failed because our colleagues on compete with anyone where there is a tions. the other side of the aisle have refused level playing field and the rules are not My time is up. to negotiate toward a bipartisan bill rigged. But manufacturers and workers Mr. President, I ask unanimous con- that can be signed into law. Because of in Ohio are struggling to compete sent for 4 more minutes. the Senate Democratic leadership’s while our Government too often stands The PRESIDING OFFICER. Without doomed plan, this extenders discussion idly by while China games the system objection, it is so ordered. ‘‘ain’t over ’til it’s over.’’ Let’s get this Mr. GRASSLEY. I thank the Chair. over and over and over. over with. Let’s negotiate toward a bi- This problem is urgent, as a new re- So we have offered something like partisan agreement that can become closing a loophole that allows hedge port from the Economic Policy Insti- law so the American people will ben- tute shows. This report finds that the fund managers to defer compensation efit. So far, the Senate Democratic in tax haven jurisdictions. However, we United States is hemorrhaging manu- leadership has not done that. For that facturing jobs at an alarming pace. need to remove the huge charitable reason alone, people did vote ‘‘no’’ on Nothing new there. More than 366,000 loophole that is contained in both the cloture, as they previously had. jobs were lost last year alone because Democratic House and Senate extend- Mr. President, I yield the floor, and I of our trade deficit with China—366,000 ers bill. thank the Senator from Ohio for allow- jobs in 1 year because of our trade rela- Let me try to explain something that ing me the additional 4 minutes. tionship with one country. In all, EPI is not explainable. I would be embar- The PRESIDING OFFICER. The Sen- counts 2.3 million jobs lost to the rassed if I had this in one of my bills. ator from Ohio. China trade deficit since China joined This charitable loophole allows hedge Mr. BROWN. Mr. President, I ask the World Trade Organization less than fund managers to deduct 100 percent of unanimous consent that our half-hour a decade ago. their deferred compensation that is do- be divided equally, with the first 15 Unless China raises the real value of nated to charity. In contrast, the ordi- minutes for myself, and Senator NEL- its currency—the yuan—by at least an nary American is only permitted to de- SON of Florida the other 15 minutes. additional 30 percent, and lets it float duct charitable contributions of up to The PRESIDING OFFICER. Without on the international currency ex- 50 percent of his or her income for that objection, it is so ordered. changes, as most countries do, the The Senator from Ohio is recognized. year. Everyone is obviously in favor of United States trade deficit and job charity, but treating wealthy hedge DOHA ROUND OF WTO TALKS losses will continue to grow. fund managers better than the average Mr. BROWN. Mr. President, the Doha Labor rights are also a factor. The American taxpayer makes no sense Round of World Trade Organization— AFL–CIO estimates that repression of from a tax policy standpoint. the WTO—talks broke down yesterday. labor rights by the Chinese Govern- Also, the Senate Republican leader- Given the tremendous problem with ment has lowered manufacturing rates ship suggested that some of the other this Nation’s trade policy, I don’t know by as much as 80 percent. To put it in new tax policy could be paid for by de- of many Ohioans who are going to be perspective, my office receives at least creasing the scheduled increase in new very upset, and I don’t know of many two or three TAA certifications a spending, but that was not taken into of my colleagues who will be too trou- week—trade adjustments from the consideration, even considering the bled about World Trade Organization Trade Adjustment Act on workers los- fact that the present budget authorizes trade talks breaking down either. ing their jobs because of international an increase greater than $350 billion The impasse at the WTO is no dif- trade. We receive from the Labor De- over the next 10 years, and none of that ferent from the pause we are in right partment at least two or three TAA is offset. now when it comes to trade. Americans certifications a week for Ohio manu- This extra $350 billion is like an extra are rightly skeptical about the course facturers. Each of these certifications checkbook that Congress is carrying we are on when it comes to trade pol- represents, in most cases, hundreds of around in addition to its already fat icy, and Congress reflects that skep- workers and their families. checkbook. This checkbook covers ticism. In the 2006 elections, voters all What happens to a community when nondiscretionary spending and current across the country told those of us in there is job loss? Think about a com- levels of discretionary spending. We Congress, Republicans and Democrats munity. I was speaking to a gentleman simply asked that they take a few alike, that they wanted a timeout on from Tiffin in the last hour. Think checks out of this extra checkbook— trade; that they wanted to see us go about the town of Tiffin, or Chillicothe not all of it, just a small part of it—to back and look at the success and fail- or Wilmington or Finley or Mansfield— pay for some of these needed tax relief ures of the North American Free Trade towns of 15,000, 20,000, 30,000, or 50,000 provisions. However, this suggestion Agreement, the Central American Free people. When they lose a plant, a man- was summarily dismissed. Trade Agreement—so-called CAFTA ufacturing installation—or what is

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.036 S30JYPT1 jbell on PROD1PC69 with SENATE S7730 CONGRESSIONAL RECORD — SENATE July 30, 2008 happening with DHL in Wilmington, One very salient point from the EPI We have an opportunity now, because which is way beyond that—even if they report is that it is not only apparel of the failure of DOHA, to step away, lose a plant with 300 or 400 workers, jobs we are talking about, and not only to evaluate what is working and what think about what it does, not just to a relatively low-wage jobs. We are get- is not working and start again with a worker and his or her family, but what ting into high-tech products, many in- new trade model—for New Jersey, the it does to the community at large, with tegral to our defense industrial base. State of the Presiding Officer, and for the layoffs of police officers and teach- The report finds that more than a my State. I have introduced legisla- ers and firefighters, because there are quarter of last year’s record trade def- tion, S. 3083, the TRADE Act, which significantly fewer jobs in a commu- icit with China was due to advanced evaluates our Trade Agreements Pro- nity of that size. technology products. gram, which allows for renegotiation Last week, it was Ceva Logistics in Last year, a $68 billion deficit in ad- and which sets forth principles for fu- Miamisburg that we got a TAA certifi- vanced technology products was re- ture trade deals. cation about—near Dayton; Acuity sponsible for more than 25 percent of In my State, in the last year and a Lighting in Newark, and more Delphi the total United States-China trade half, I have held about 110 roundtables workers. The same old story with Del- deficit. Since 2001, the flood of ad- in 75 of Ohio’s 88 counties where I gath- phi and what has happened in the last vanced technology imports from China er a group of 20 or 25 people, a cross- year in Moraine, OH—again, near Day- eliminated 561,000 United States jobs in section of the community, and listen to ton. computer and electronic products. So them talk about their hopes and Yesterday, we got a TAA notice we are not just talking about textile dreams and what they wish and hope about Acklin Stamping Company in and apparel jobs. for in their community and what they Toledo. The Labor Department cer- EPI also counts more than $8,000 in are fighting for, for their families and tified that an increase in imports lost income for displaced workers. Peo- their communities. Few issues in these caused Acklin to lay off workers. ple who support U.S. trade policy— roundtables get workers and busi- That was last week and yesterday. President Bush, Vice President CHE- nesses, Democrats and Republicans— But how about today and how about to- NEY, the Republican leadership in this and I don’t know people’s party affili- morrow? Probably more TAA notices, body—say: Well, yes, prices are low as ations at these roundtables—few issues because we get two or three almost a result of U.S. trade policy, but when get them as worked up as our unfair every week. Probably more today, to- companies such as shoe manufacturers trading relationship with China in morrow, and next week, again because move out of the United States or a deals such as NAFTA and CAFTA that of a failed trade policy. steel manufacturer moves out of the protect Wall Street investors but don’t On my desk, I have a stack of auction United States, I don’t see steel or shoe protect labor, don’t protect safety, notices from small tool and die manu- prices dropping necessarily. So I don’t don’t protect the environment. facturers going out of business in my know if that argument holds water. We have an opportunity, in the com- State and across the country. These Even if you concede it might affect ing months and especially next year notices are going-out-of-business sales. prices some, EPI counts more than with the new President, to renew a They are notices offering the sale of $8,000 in lost income per displaced consensus on trade. I look forward to equipment from machine shops not just worker. So what does that mean? It working in my caucus and across the in my State but all over the country. means someone working at American aisle on a better approach to trade pol- This week, I spoke with the CEO and Standard in Tiffin, OH, or someone at icy for our workers, for their families, the family owners of Norwalk Fur- the old Westinghouse plant in Mans- for our communities, and for our coun- niture in Norwalk, OH, a community field, where I grew up, or a GM worker try. between Cleveland and Toledo. We are in Dayton or a DHL worker or ABX or I suggest the absence of a quorum. trying to keep this 105-year-old com- ASTAR in Wilmington, when they lose The PRESIDING OFFICER. The pany in business. Norwalk workers are a good-paying job making $30,000, clerk will call the roll. represented by the Teamsters and $40,000, $50,000, or $60,000 a year, the The bill clerk proceeded to call the United Steelworkers. It is a company next job they have on the average roll. playing by the rules, paying good makes $8,000—if they can find a job— Mr. NELSON of Florida. Mr. Presi- wages in a small town in Ohio, with makes $8,000 less than they were used dent, I ask unanimous consent that the good benefits, trying to stay competi- to making. And lower prices don’t give order for the quorum call be rescinded. tive despite having the deck stacked you much of a break when you have a The PRESIDING OFFICER. Without against it because of our trade policy new job at $8,000 less than your old job. objection, it is so ordered. with China. Proponents of China PNTR or NASA Again, American companies are play- NAFTA like to say that the jobs dis- Mr. NELSON of Florida. Mr. Presi- ing with one hand tied behind their placed from China are replaced with dent, yesterday was the 50th anniver- back. China’s undervalued currency export-oriented jobs that pay better, or sary of the National Aeronautics and and weak safety and environmental jobs in the service sector that pay bet- Space Administration. I want to recall standards put American furniture man- ter. Again, not true. The truth is that that after the space shuttle Challenger ufacturers such as Norwalk at a huge wages earned in United States export went down 22 years ago, in a Nation disadvantage. Like many Ohio busi- heavy industry paid 4 percent less than that was shocked because the very nesses, Norwalk Furniture can compete the jobs displaced by Chinese imports. symbol of technological prowess had with China. It can and has competed So when we lose these jobs to Chinese exploded in front of our own eyes on with foreign competition. That is not imports, it is costing our workers that our television screens, the President the complaint. The reason manufactur- $8,000 we were talking about. Even if addressed a mourning Nation and noted ers such as Norwalk Furniture are we are exporting some to China, the that even out of that tragedy, we have struggling and pleading for a change in amount we are exporting to China grown accustomed to wonders in this trade policy is that they can’t compete versus the amount we are bringing in country. He observed that we had been while the U.S. Government—the Bush obviously is a huge chasm. It is the so accustomed to all of that techno- Commerce Department, the Bush U.S. better paying jobs that are moving off- logical achievement, it was almost as Trade Representative—stands by and shore or closing because of a flood of if it was a Sunday afternoon drive in allows China to game the system. Chinese imports. the car. As President Reagan said, it is We see what these plant closings do The failure of the WTO talks could, hard to dazzle us. But America’s space to communities, which is why not only in fact, be a blessing. The DOHA talks program has been doing exactly that. Norwalk Furniture is fighting back, long ago became more of a threat than Now for 50 years it has been dazzling but Mayor Lesch and others in Nor- an opportunity to American farmers us, even in times of loss and even in walk are joining them in this struggle. and to American workers and long ago times of tragedy. The trade deficit with China costs represented more of a threat than an Fifty years ago, it was President Ei- manufacturing jobs, and not just low- opportunity for sustainable develop- senhower who signed the National Aer- skilled jobs, as is commonly thought. ment abroad for our trading partners. onautics and Space Act and created

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.037 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7731 NASA. Fifty years ago, in 1958—re- we have explored Jupiter and Mars, and It is not the pure science, it is not member the context of history. The So- we have had Rovers all over Mars. In- the technology spinoffs, it is not the viets suddenly took the high ground. deed, it looks as if there was water on high-tech workforce, or it is not that The Soviets shocked us because they Mars. As we continue to explore the we want to extend human civilization put the first satellite, sputnik, in orbit. heavens, if there was water—and when beyond our planet. We do it because it Here, time after time, with the old we eventually get there with humans— is in our character and our nature as a Navy Vanguard rocket, it would ex- with water, was there life? If there was people. We are, as Americans, explorers plode on the pad. It was not until the life, how developed was it? If it was de- by nature. President went to a group of Ger- veloped, was it civilized? And if that In the past, we always have had a mans—who were here because we, the life was civilized, what happened? What frontier. As this Nation developed, it United States, had gotten to Peene- can we learn as we explore the heavens was a westward-expanding frontier. munde, Germany, before the Soviets in order to be better stewards of our Now that expansion is upward. It has did and got about two-thirds of those planet, protecting our planet and this been said that there are two funda- German rocket scientists, headed by civilization that is on this home called mental differences between humans Wernher von Braun. So years later, the planet Earth? and other species. As humans, we have President goes to Wernher von Braun, I am quite excited, as America cele- souls. As humans, we are curious. It as America’s prestige was on the line brates NASA’s 50 years of history, that has also been said that the exploration because we couldn’t get a rocket off we are now preparing to chart a new of space is a testament to these dif- the pad, and Wernher von Braun said: course into the cosmos. I am excited ferences. Curiosity, which is unique to Give me 6 months. With the Army Red- about the wonders that await us. There humans, drives us to explore, and our stone rocket, he put up America’s first is hope for space settlements and per- soul gives us meaning to this endeavor. satellite—Explorer. It was in that his- haps that discovery of life elsewhere in As we celebrate 50 years of NASA’s torical context that the Congress wrote the universe. It is going to be a page-1 history, let us continue to be a bit this new act that set up NASA. story when suddenly there is some kind overwhelmed. Let us be dazzled again. Then, after we had been beaten in of transmission that we intercept that That concludes my comments on space by the Soviets with the first sat- indicates there is intelligent life else- NASA. I have some other comments on ellite, we were beaten in space by the where in the universe. a different subject unless we are in first human in orbit. As a matter of Mr. President, you and I—our human some restriction here on the time. fact, we didn’t even have a rocket that minds cannot conceive the enormous- The PRESIDING OFFICER. The Sen- had enough lift capability to get the ness of the universe. When we look at ator has 2 minutes 40 seconds remain- Mercury capsule into orbit because it the size of our solar system around the ing. Mr. NELSON of Florida. When one of was that same Redstone rocket that we Sun and we understand that there are our colleagues comes to the floor, I am put the Mercury capsule on for Alan billions of other solar systems just in told that I can continue until that Shepard to go into suborbit. It was in our galaxy and then try to comprehend time. that context that President Kennedy, that there are billions of other gal- SAMUEL SNOW after we had been shocked again with axies—can you imagine that in a far- I want to share with the Senate the the Soviets putting up Gagarin for one distant galaxy, there is another star, tragedy of a fellow named Samuel orbit and then a few weeks later we put similar to our Sun, with planets rotat- Snow, Samuel Snow, 84 years old, Afri- up Alan Shepard only into suborbit, it ing around it, that has created the cli- can American. The time is 1944 and he was at that point that the President, matological conditions that have is part of the U.S. forces in a military who is the only one who can lead brought forth the life here on this plan- installation in Seattle, WA. It is an in- America’s space program—that Presi- et? Given the infinite expanse of the stallation where there were Italian dent, in 1961, President John F. Ken- universe—it is going to be quite inter- prisoners of war. Somehow a riot nedy, set the goal. He gave the vision. esting when we have some discovery of breaks out, and in the course of this He said we are going to the Moon and an intelligent message from somewhere riot in the prisoner of war camp, one of back in 9 years, before the end of the else in the universe. This is the excite- these Italian prisoners of war is decade. It was a bold challenge. He did ment of the future. lynched, and the African-American As we look back on the accomplish- that in front of a joint session of Con- U.S. soldiers are charged. They are ments of 50 years of NASA, we can look gress: Send a human to another celes- summarily dismissed. They are put in tial body. Here we had not even gotten with great pride, but excitement, to jail. For a year, Samuel Snow was put into orbit with John Glenn. the future. This is the promise of a new in jail. He was then dishonorably dis- It was 10 months later, on an Atlas President of the United States making charged, all the time maintaining his rocket—which was an ICBM. It was not a bold declaration of our understanding innocence. rated for humans. We knew it had a 20- and exploration of the heavens. As he was discharged dishonorably, percent chance of failure when John As President Kennedy promised all he went back to his hometown of Lees- Glenn climbed into that Mercury cap- those years ago, science and education burg, FL. The only work he could get sule, and then we were off on that have been greatly enriched by the new was that of janitor. Yet he was so re- space race. The skeptics did not think knowledge of our universe and of our spected in his neighborhood he became it could be done. They certainly didn’t environment. Life here on Earth has the neighborhood handyman. He mar- think we could go to the Moon. But improved by leaps and bounds from the ried his high school sweetheart. They NASA’s Mercury, Gemini, and Apollo spinoffs of the space technology—the had children. He raised that family. missions were all designed because of space tools, the computers, the minia- In 2005, a journalist in Seattle, WA, that bold stroke of leadership and that turization—all of this which has been an investigative journalist, dug into vision of a young President. adapted to our daily lifestyles and to this situation and found that Sam Nine years later, on July 20, 1969, the industry and to medicine and to our in- Snow had been railroaded and showed President’s dream became a reality dividual homes. America’s space effort he was innocent. Now, you can imagine when Apollo 11 landed on the Moon. has created scores of new high-tech all of those years after that. Who can ever forget those immortal companies and hundreds of thousands Then the Army, the U.S. Army, to its words: Houston, the Eagle has landed. of jobs. Simply put, we all reap the embarrassment, decides it is going to And who can ever forget those words as harvest of gains from our exploration reverse the dishonorable discharge and the commander of that mission, Neil of space. That is why now, at this wa- give him an honorable discharge. And Armstrong, climbed down the ladder of tershed point of where NASA is going oh, by the way, out of their generosity those spindly spider legs of the Apollo in the future, that is why we cannot of heart, they decide they are going to Lander, when he said: That is a small cede our leadership in space or waiver pay him his annual wage for the year step for man, but that is a giant leap in our support for our space program. he spent in the military prison, so they for mankind. There is another reason we under- are going to cut him a check of $725. Since then, we have flown the shut- take the risk and invest in space explo- Well, when this Senator found out tles, we have built the space station, ration. about that happening to a Floridian,

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.039 S30JYPT1 jbell on PROD1PC69 with SENATE S7732 CONGRESSIONAL RECORD — SENATE July 30, 2008 this Senator about went into orbit er it be the bilge water, whether it be 9–1–1 SERVICE again, and, of course, not only writing water coming out of an outboard Mr. NELSON of Florida. Mr. Presi- to the Pentagon but having direct motor, whether it be trying to scoop dent, I have the opportunity to clear talks with the Secretary of the Army out the water filling up in a little mo- the decks today with another speech I in front of our committee, the Joint torboat. Whatever it is, they were have been waiting to give. Since one of Chiefs of Staff. All of them came back going to require, for the 23 million rec- our colleagues is not coming, I am and said: Well, the law is that we can- reational boat owners, 2 million of going to take advantage of this lull of not pay any more. We cannot pay even which are in my State of Florida, they the Senate and, since a Senator is what we were asking for. were going to require going to the EPA walking in, I will make it short. At least give him the cost-of-living in order to get a permit. A tragedy occurred in Florida about 4 adjustment for those 60 years of his By working it out on both sides of years ago, when a child in Deltona, FL, military pay that he was denied. They the aisle in a bipartisan fashion, we which is north of Orlando, started say: No, we cannot do it. The law does were able also to get a delay of an addi- choking. The mom raced to the phone not allow it. tional 24 months for commercial ves- and dialed 9–1–1 and then she ran back Well, we put it in the Defense author- sels under 79 feet and all commercial to the child when she could not get ization bill. It is before the Senate. fishing vessels regardless of size. anyone to answer on 9–1–1 to help the And as soon as the Senate will finally All of this came from the decision of child. But it was to no avail. And what take up the Defense authorization bill, a judge who was trying to protect the we found out was, in fact, this was a we will pass it out of here. It is already interests of the United States. Because voice over the Internet telephone con- in the version of the House that has what happened is these foreign vessels versation and that, in fact, there was passed the House. It will become law. that come in with ballast water in no emergency 9–1–1. So for the last 3 or But let me tell you the sad ending to order to weigh down a vessel before it 4 years, some of us have been trying to this story. Last Saturday, Sam Snow then comes to the United States and make sure there is a mandate for 9–1– and his son Ray traveled to Seattle for takes on cargo that weighs down the 1 service on a telephone that happened the ceremony conducted by the U.S. vessel would then dump this water that to be transmitted over the Internet in- Army to give him his papers for his was there for ballast in the waters of stead of over the normal telephonic honorable discharge. He became ill in the United States. The problem was wires. Happily, I can say to the Senate Seattle before the ceremony. His son they would take on water elsewhere in we worked that legislation out. It was went in his place. His son received the the world that was contaminated, and comprehensive. We worked out the dif- honorable discharge, brought it back to a certain kind of snail was one of these ferences between the House and Sen- his dad, and with a big smile on his contaminants that would then go into ate. On another happy occasion, the dad’s face, his son read him the honor- any kind of drain under the water and President invited a bunch of us to come able discharge from an incident, a ter- start to clog up the drain. So there was down for a signing ceremony. I’m rible mark upon the U.S. Army that clearly an environmental interest to be happy to say that in the future, when had occurred 60 years before. protected against all of these big com- anybody runs to a telephone to dial 9– I am sad to tell you that 3 hours mercial vessels bringing in this foreign 1–1, it is not going to be the technical later, Sam Snow passed away to go on ballast water that was contaminating difference of that phone. They are to be with his Maker. He is still owed our waters. going to know it is hooked up to emer- that back pay, and he is owed more But the fact is, the court’s ruling be- gency services. That is my good news than some $725. This Senator, when we came so expansive that it said in inci- story. pass that Defense authorization bill, is dental runoff from little recreational I yield the floor. looking forward to the day that that boats, you are going to have to get an The PRESIDING OFFICER. The Sen- sum, adjusted, will go to his grieving EPA permit as well. ator from Missouri. family. Fortunately, common sense prevailed Mr. BOND. Mr. President, I ask unan- I yield the floor, and I suggest the ab- and we have been able to overcome imous consent to speak for 15 minutes. sence of a quorum. that. We passed it in the House and the The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Senate. It is on its way to the White objection, it is so ordered. clerk will call the roll. House. Presumably the President will RURAL GAS CRISIS The bill clerk proceeded to call the sign this momentarily and it will be Mr. BOND. Mr. President, I thank my roll. law, averting this disaster that was colleague from Florida for filling in for Mr. NELSON of Florida. Mr. Presi- about to occur in September where all me while I was caught up in a radio dent, I ask unanimous consent that the of these recreational boat owners and interview. order for the quorum call be rescinded. the commercial small fishing vessels We are here today to talk about a The PRESIDING OFFICER. Without were going to have to get this EPA per- real crisis, a rural America crisis. objection, it is so ordered. mit. Rural America is suffering a gas price CLEAN BOATING ACT OF 2008 That is a commonsense story. It is crisis. Rural America deserves action Mr. NELSON of Florida. Mr. Presi- also a good news story. I wanted to now to get gas prices down. Rural dent, until another Senator has come share that with the Senate. I thank the America knows this fundamentally is a to the floor to seek recognition, I have folks who have worked with me on this problem of not enough supply to meet another subject I have been waiting pa- legislation, particularly the chairman demand. We need to find more oil and tiently to speak on, and we have been of the Environment Committee, Sen- use less to bring the real gas price reso busy on the floor that I have not had ator BOXER, and Senator MURKOWSKI of lief rural America needs. Families, a chance to speak on it. Alaska, who helped work with us with farmers, truckers across rural Mis- This is another good news story. We regard to the commercial fishing ves- souri, my home State, are suffering have finally passed, by the Senate sels that were 79 feet and less. I am record pain at the pump. At kitchen ta- working together across the aisle, bi- glad to bring this good news to the bles in the farmhouses of rural Mis- partisan, we have passed a bill, we have Senate. souri, farmers, dairy producers, and passed legislation, and it is anticipated I yield the floor and I suggest the ab- cattlemen are facing a gas price crisis. that it will be signed shortly by the sence of a quorum. Farm costs are higher than ever. Farm President into law, averting a total The PRESIDING OFFICER. The fuel to run tractors and farm equip- disaster where the Environmental Pro- clerk will call the roll. ment is at record levels. Transpor- tection Agency, pursuant to a judge’s The bill clerk proceeded to call the tation costs to get goods to the market decision in Federal court on the west roll. are at a record level. The ability of coast of the United States, the EPA Mr. NELSON of Florida. I ask unani- consumers to buy products is under was going to require a permit of every mous consent that the order for the record pressure. People are seeing high- little recreational boat owner for any quorum call be rescinded. er food prices because food has to trav- kind of runoff from that boat, whether The PRESIDING OFFICER. Without el. The average item on the grocery it be in washing down the deck, wheth- objection, it is so ordered. shelf travels 1,300 miles. Record-high

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.040 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7733 diesel prices are adding to the price of and service in rural America and let- get that production. We need to put food goods in the store. ting go thousands of workers. The suf- American workers to work building the All this means real suffering for rural fering of rural Missouri families, farm- batteries, the advanced batteries that Missouri and its farmers. Down coun- ers, and truckers is why we are fight- will go into the electric cars, the plug- try roads of rural Missouri, rural fami- ing so hard to lower gas prices. We are ins, and the hybrid plug-ins. This lies are facing a gas price crisis. They fighting to open new supplies of oil would not only conserve oil. It would have to cut budgets hit hard by high needed to get prices down. Real action give jobs to blue-collar manufacturing gas prices. Many of these families live to lower gas prices is the most impor- workers and help the environment. It in rural areas because they are of mod- tant thing we can do to help rural is going to be good for Missouri when est means. Maybe they are looking for America and rural Missouri. Fighting we do it. The question is when. cheaper housing than offered in big cit- for real action to lower gas prices is Missouri is a national leader in hy- ies. Maybe they are fixed-income retir- the most important thing I could do to brid car production, in batteries, and ees staying in their own hometowns. help rural Missouri. I have amend- advanced vehicle batteries. We make Either way, when it comes time to cut ments to force gas prices down by traditional batteries across the State the family budget, the cuts will go opening new offshore oil reserves wait- because we are the leader in lead. We extra deep. ing for us. I filed an amendment to mine a lot of lead in Missouri. When What will these rural families cut be- lower gas prices by opening access to you are talking about environmental cause of higher gas prices? With the the 18 billion barrels of oil waiting for dangers, yes, lead has some dangers to school year coming, they have to get us off America’s Atlantic and Pacific it. There is only one simple reason we the kids to school. Will a rural family coasts. These reserves could supply mine lead in Missouri, and that is be- give up buying new clothes for their America with 10 years of additional oil cause we have 90 percent of it in the kids? Will struggling fixed-income sen- supplies, if we would only allow our- United States. When people tell me iors cancel doctors appointments or selves to use them to change a 30-year they don’t want to drill for natural gas cut back on medication? policy the Democrats have imposed, Truckers across Missouri are facing a because they don’t like the sight of that Senator OBAMA continues to gas price crisis. Many trucking firms natural gas wells, but they have the champion, of no drilling, no refineries, natural gas, I say: If you will trade us are based in rural areas, where land no nuclear power. The decision to open and fuel were cheaper, but record diesel your natural gas for our lead, I would our offshore oil reserves would imme- prices are hammering truckers and be happy to let them drill in my back- diately cause the price of oil to fall. trucking companies. Mom-and-pop yard. We know that because this happened But Missouri, with all the battery trucking firms are laying off drivers. earlier this month, when President Some are even going into bankruptcy. specialists, the technical workers we Bush reversed the Executive ban and have, the scientists, is on the cutting Many rural families and workers also brought the price of oil immediately depend on airlines for service and jobs. edge of battery technology, with firms down $10 and, now, $20 a barrel. Noth- developing safer, stronger lithium ion Airlines are facing record-high jet fuel ing hurts speculators bidding up the prices. That is forcing airlines to lay batteries. We are also home to a hybrid price of oil more than news of addi- off workers and cut back service. Many SUV assembly plant in Kansas City. tional oil supplies coming in the fu- of the blue-collar workers who moved This success does not have to be lim- ture. Congress must do our part to back to maintain planes and service ited to Missouri. Communities across lower gas prices even further by open- airports are being affected. America can share in the drive to es- American Airlines, for example, is ing new offshore reserves. However, the tablish a domestic manufacturing sup- set to eliminate some 6,500 jobs because Democratic Party is blocking the Sen- ply base for mass hybrid car construc- of record-high oil prices. Airlines also ate from considering my amendment to tion. cut low-volume routes to rural areas tap offshore oil reserves, even as I Rural communities, especially, can first. Airlines are trying to manage ris- speak. I also cosponsored an amend- benefit from the good-paying manufac- ing fuel costs by using the financial ment with several Senate colleagues to turing jobs that U.S. mass battery pro- markets to hedge against risk. But tap offshore oil reserves in the eastern duction would provide. Rural school their experts tell me the main problem Gulf of Mexico. There are almost 3 bil- districts would benefit from new tax is a fear that there will not be a supply lion barrels of oil in the eastern gulf revenues. Rural police and firefighters there in the future. They say if the waiting to help bring gas prices down would benefit. Unfortunately, as I said, U.S. Government would take steps to for rural Missouri. Unfortunately, the Democrats are blocking Senate consid- increase supply, it would bring about a Democratic leadership is also blocking eration. huge change in the market and bring consideration of this amendment. Now, what answers do my colleagues prices down immediately. Why? Be- I also agree we must help America on the other side of the aisle have for cause the current price being paid on use less oil. I have an amendment that rural America? Well they propose mak- the hedging market for oil to be deliv- would relieve the pressure on gas prices ing things worse by suing oil-producing ered in 3 years depends upon their ex- by increasing conservation. My amend- countries. pectation of what the demand and sup- ment would aggressively promote ad- Folks back home in my part of rural ply will be in the years ahead. Right vanced vehicle batteries and their pro- Missouri may not know much about now there is every reason to think that duction in the United States for hy- antitrust laws—most folks don’t—but if we do nothing, if we are prevented brid, plug-in hybrid, and electric vehi- anyone with common sense would from getting a gas price reduction bill cles. My amendment would provide new know, if you sue someone, they would that provides more and allows us to use funds for hybrid battery research and likely take what they have and sell it less through this Senate, the price will development, battery manufacturing to somebody else. not be just $140 a barrel. The price will equipment and capabilities, and re- I guess this was an idea cooked up by not just be $185. It will be $200 or $250. equipping, expanding or establishing trial lawyers who are eager to sue any- So people’s retirement plans, such as U.S. domestic manufacturing facilities body they can. As you might imagine, CalPERS, California Public Employees for hybrid vehicle batteries. U.S. do- there are not too many trial lawyers in Retirement System, are bidding up the mestic mass production of hybrid bat- rural Missouri. price in the future because they don’t teries would get battery prices down, Democrats also proposed raiding our expect supply to go up. Bringing that getting the hybrid vehicle prices down. emergency oil supplies in the Strategic price down will make a difference. It But most importantly, it would give Petroleum Reserve. Putting aside the will make a difference in the price of our auto companies access to the bat- fact that these emergency reserves are oil today, just as President Bush’s end- teries we need. Right now many of the only meant to be used in times supply ing of the Executive moratorium on batteries have to be brought in from is cut off, such as during a war, this offshore drilling brought the price Asia. As the demand for more batteries plan would only produce 31⁄2 days of ad- down from $145 to $120. goes up in Asia, I can assure my col- ditional oil. Bringing the price down could make leagues that American auto companies So while Republicans are offering a real difference between keeping jobs will not necessarily be first in line to rural America 10 years of additional oil

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.041 S30JYPT1 jbell on PROD1PC69 with SENATE S7734 CONGRESSIONAL RECORD — SENATE July 30, 2008 supplies, Democrats think rural Amer- supplies for Missouri truckers. That is tion fight against wildfires here at ica should get by on only 31⁄2 days of our only real hope for real gas price re- home, I think it is appropriate we stop extra supplies. This lack of sympathy lief. to thank the 3,500-strong members of for taking real action may be based on I urge my Senate colleagues to let us our Montana National Guard for what the fact that a lot of Democrats are act on it and act now. they do both abroad and here at home. fine with higher oil prices. I thank the Chair and yield the floor. As wildfires continue to threaten After all, the Democratic nominee The PRESIDING OFFICER. The Sen- Montana’s countryside and our com- for President, Senator OBAMA, said the ator from Montana is recognized. munities, I wish to pay tribute to all problem was not that gas prices were MONTANA NATIONAL GUARD the brave men and women who put it so high, the problem was merely that Mr. TESTER. Mr. President, I wish on the line to fight our fires. gas prices had risen so quickly. That is to begin by noting that, again, it is fire ENERGY akin to telling people it is OK to drown season in Montana. Mr. President, I wish to comment on as long as the water rises slowly. Right now, major wildfires are the energy debate we have been having Today, in Springfield, MO, the Demo- threatening homes in a small town in the Senate. Every Tuesday morning, called Red Lodge. The Cascade fire has cratic nominee suggested we all make for 21⁄2 hours, I get to preside over this sure we properly inflate our tires. Big been burning and has burned about great body, and I get to hear folks from 6,000 acres. It is burning uncomfortably deal. I believe in all tires being fully both sides of the aisle talk about issues close to the Red Lodge Mountain ski inflated. But, frankly, that is the kind of importance. of hot air—this hot air being into area. The energy debate has been particu- The hot, dry weather forecast over tires—that we have been hearing too larly intriguing because I have seen the next week means there are likely much of on this floor. folks on the other side of the aisle hold to be more fires and more acres of Rural Missouri is suffering record up signs that talk about drilling more pain at the pump, and the best thing he rangeland and forest lost. Fire season in Montana officially and using less. can come up with is more hot air—this They are quick to support oil produc- runs from August until the first snow time for our tires. Rural Missouri de- tion. But on the other hand, they will in fall. So, once again, we are off to an serves more than the hot air from the not support alternative energies or early start. Illinois Senator. Wildfires are becoming a fact of the conservation methods. They talk about Senator MCCAIN has come out very West. We accept it. We deal with it. drilling more as if it is going to change clearly and strongly in support of drill- The good news is Montana is blessed the price of gasoline tomorrow. ing, of exploring, of developing nuclear with outstanding firefighters from the The fact is, the United States has power. U.S. Forest Service, Tribal Nations, less than 3 percent of the world’s re- We tried last year. Congress passed and the State Department of Natural serves of oil. We use 25 percent of the the largest increase in auto fuel effi- Resources, as well as first responders supply. As far as drilling goes, we are ciency requirements in a generation to from local volunteer and paid fire de- drilling now like there is no tomorrow. bring down gas usage. Well, that did partments. In fact, in Montana, you would be hard- nothing to prevent record-high prices. When they need reinforcements, they pressed to find a drilling rig if you That is because it will take years be- turn to the Montana National Guard. wanted to punch a hole. fore more fuel-efficient cars are re- Last year, more than 200 guardsmen In Montana, we have offered over 3 quired. The Democratic candidate for were mobilized to help fight wildfires million acres of leasing since 2000. We President must want us to suffer in Montana. While no guardsmen have have increased our oil production two through record-high gas prices until been mobilized yet this year, it will and a half-fold. We have drilled 4,870 those conservation measures kick in. happen at some point—just as they are wells in the last 5 years. Yet we contin- I support increasing conservation, mobilized every year to protect people ually see the price of oil go up and up but we must not force a prescription of and homes, dig out fire lines, smother and up. Why? Well, a lot of it has to do pain on America while we wait years embers, and provide all manner of with the fact that the major oil compa- for these conservation measures to hands-on support to this team effort. nies last year made hundreds of bil- kick in. There are not too many jobs in this lions of dollars off the consumers’ The Democratic candidate for Presi- country where the work is as varied as back. dent has suggested another stimulus service in our National Guard. This What can we do? What can we do to package to help drivers through this summer we can expect that hundreds of help bring the price of oil down? Sure, price crisis. I am sure Missouri rural National Guardsmen in Montana and we are going to continue to drill, and I families would be happy to receive a throughout the West will be mobilized support that effort. But we need addi- few hundred dollars more in stimulus to help fight wildfires. It has already tions to our energy portfolio. If we con- relief. But what they want is not to get happened in California, where the Gov- tinue to rely on oil as our chief sup- a check from the Government—after ernor called up 200 Guardsmen. plier of energy, we are going to be con- the handful of tanks of gasoline that This is a vital role in our Nation’s tinuing to be beholden to Saudi Arabia money could buy is spent—they want homeland security. and OPEC forever. That ought not be to bring down the price. They will be And just as the Guard answers the the direction we go. right back where they are, paying the call for homeland security missions, My good friend, my comrade, Senator full price of record-high gas prices, and they answer the bell when it comes to BAUCUS, put forth a tax extenders bill we will do nothing but increase our def- national security. earlier today. Yesterday, we had a icit. In 2004 and 2005, more than 1,500 of chance to vote on one from the House. Rural Missouri and America deserve my State’s National Guard deployed to They were both defeated. They were more than a prescription of pain to ad- Iraq. They did yeoman’s work over not allowed to move forward. There dress the gas price crisis. We deserve there, and we can all be very proud of was a majority, but there was not 60 more than half measures that will only their service and grateful for it as well. votes. produce a few days or months more of Today, there are nearly 23,000 National What was in that tax extenders bill? additional supplies. Rural Missouri de- Guardsmen serving in Iraq and Afghan- One of the things that was in it was a serves more than a Senate attempting istan. renewable energy tax credit extension, to abandon them and this gas price cri- Another 3,000 Guardsmen from all a continuation that would put more en- sis by moving on to other issues. over the country work hard to protect ergy in the marketplace. Rural Missouri and the people of our southern border, helping the Bor- As shown on this chart, we can see America deserve real action now to der Patrol get a better handle on secur- what happens when we have the wind lower gas prices. That means new off- ing that border. Four hundred Montana energy tax credit. The yellow bars indi- shore oil supplies to get prices down, Guardsmen were a proud part of that cate that. The orange bars indicate new offshore oil supplies for Missouri important effort earlier this year. when it does not happen. If we have the families, new offshore oil supplies for So as the National Guard in Montana wind energy tax credit, wind energy Missouri farmers, and new offshore oil prepares for the inevitable mobiliza- production goes up, and there is more

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.043 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7735 energy in the marketplace. When we to the future? Why are we not talking four Republican votes for this package. don’t, it does not. about more than drilling? The fact is, I think it is outrageous when you look Because of the vote that was taken we are drilling. We are drilling an in- at what we are dealing with. This week earlier today, you will see a decrease in credible amount of land in this coun- we are going to be memorializing the wind energy production—a big mistake try. It needs to be a bridge. But it tragic, tragic, tragic fall of the bridge for this country, not very visionary. needs to be a bridge to somewhere this in the middle of Minnesota. I am going Because of the vote that took place time. If we put forth the renewable en- to speak to that tomorrow and do a fit- earlier today, we not only will see wind ergy components that are in the tax ting tribute, along with Senator COLE- energy grind to a halt, we will see geo- extenders bill, we will have a future. MAN, to the victims of that bridge col- thermal—which we have a tremendous We will have a future of affordable en- lapse and to the first responders who opportunity for throughout the coun- ergy. saved so many lives, and to the recon- try, particularly in Montana—we will I ask my comrades to pass that tax struction work that has gone on see biomass, landfill gas—we have an extenders bill. It is incredibly impor- thanks to the help of this Senate. I live electrical cooperative in northwestern tant. It is not just because of energy six blocks from that bridge, so it Montana, Flathead Electric Coopera- that it is important. means a lot to me. tive, that is talking about capturing SECURE RURAL SCHOOLS I said the week the bridge fell down methane gas off the landfill to produce Finally, I wish to talk about the se- that in America, a bridge shouldn’t fall energy, getting something from noth- curity of rural schools. These are pay- down in the middle of the Mississippi ing—we will not see any of that stuff ments to Montana’s rural communities River, especially not on an eight-lane go on because of the defeat of the tax and forested counties that have an in- highway, especially not on one of the extenders bill. credible amount of public lands. most heavily traveled bridges in the In that tax extenders bill, there were The Secure Rural Schools dollars are State, especially not at rush hour in also long-term extensions of tax credits important not only for the school but the heart of a major metropolitan area. for solar energy and fuel cells. Solar also for our roads and our rural coun- Unfortunately, however, it took that energy: getting our energy from the ties. Montana is rich in public lands. disaster to put the issue of infrastruc- Sun to help replace some of that oil Consequently, it puts more pressure on ture funding squarely on the national from the Middle East—not going to property taxes of private property in agenda, and it is long overdue. That is happen. Folks talk about corn ethanol those counties. With the Secure Rural why I was so disappointed that in this and how they don’t like it. I am not Schools money, it gives those rural and important bill was $8 billion to replen- one of them. But I do think we need to ish the highway trust fund of this get the second generation of ethanol forested counties the opportunity to country, to replenish that fund. Mr. production, cellulosic ethanol. There meet the needs of the kids in these President, 400,000 jobs in this country was a credit for property in that tax rural districts and to meet the needs of are at stake in that bill that was voted extenders bill that was not agreed to the transportation industry in those rural districts. We all know that less down by the other side. earlier today. That will not happen; a Look what is happening in this coun- biodiesel tax credit. I have talked money for rural schools means lower try with our infrastructure. Let’s take about a camelina provision in the farm teacher pay, bigger classroom size, the issue of bridges. Nationwide, bill for biodiesel, and there are other fewer activities, and students start to bridges are deteriorating far faster opportunities in all sorts of oilseeds fall behind. than we can repair or replace them. out there. The biodiesel tax credit does County road workers right now are About 78,000 bridges across the Nation not happen because we did not pass being laid off. I spoke with the head of are structurally deficient. What does that bill Senator BAUCUS offered ear- the Montana Association of Counties. structurally deficient mean? When in- lier today. He said to the counties: Take your Carbon capture and storage tech- budgets and utilize them as if this spectors evaluate a bridge, they exam- nology to make our coal burn cleaner. money is not going to happen because ine the bridge’s deck, superstructure, In Montana, we are the ‘‘Saudi Arabia’’ it is not until we pass the tax extend- and substructure. Each of these compo- of coal. We have an incredible oppor- ers programs. nents is ranked on a scale of 0 to 9, tunity. But without good technology to We had the opportunity in this body with 0 being failed and 9 being excel- capture carbon and store it, we will today and yesterday to pass a good bill lent. If the deck, superstructure, or never be all we can be. It would make that meets the needs of America’s fam- substructure is given a 4 or less, the us more energy independent. ilies, small businesses, and the econ- bridge is classified as structurally defi- Talk about producing more here at omy. It was not passed. There are all cient. home: Drilling is part of the equation. sorts of excuses for it, but they are In June of 2006, the I–35W bridge’s su- But an even bigger part of the equation simply that: excuses. We need to move perstructure—meaning the physical could have been to pass that tax ex- forward with some proactive thinking conditions of all structural members— tenders bill earlier today. in this body. I hope the next time this was rated at a 4. The bridge’s deck was Let’s talk about using less. bill hits this floor, it is passed and rated at a 5, and the substructure, com- In that tax extenders bill, there were passed by a large margin. prised of the piers, the footings, and energy efficiency tax credits to help I thank the Chair. other components, was rated as a 6. A make our homes more energy efficient. I yield the floor. bridge is shut down if any of its parts It is not going to happen. There was a The PRESIDING OFFICER (Mr. are rated at a 2. credit to reduce idling for truckers— CARDIN). The Senator from North Da- Then we have another 80,000 bridges that we all see happen—to save trans- kota. across the Nation which are function- portation fuel. It is not going to hap- Mr. DORGAN. Mr. President, I ask ally obsolete. What does functionally pen. unanimous consent to be recognized obsolete mean? That means they don’t You want to talk about using less? following the presentation by the Sen- meet today’s design standards, they There was a bicycling tax credit for ator from Minnesota. don’t conform to today’s safety stand- those folks who want to ride their bicy- The PRESIDING OFFICER. Without ards, and they are handling traffic far cle to work rather than to drive. It will objection, it is so ordered. beyond their design. Fully one-quarter not happen. Ms. KLOBUCHAR. Mr. President, I of America’s 600,000 bridges have aged There were incentives for geothermal come to the floor today with much dis- so much that their physical condition heat pumps in our homes that use less may over the fact that we were not or their ability to withstand current energy with more consistency. It is not able to pass the energy extenders, the traffic levels is simply inadequate. going to happen. tax extenders, the package of impor- These bridges require immediate atten- There were energy conservation tant provisions for our country’s econ- tion. bonds for States and local school dis- omy because of this obstructionism on I can tell you since our bridge fell on tricts. The list goes on and on and on. the other side. that summer day on August 1, we have I ask myself: Why? Why does it have Let me tell my colleagues why this had a number of bridges shut down, to be this way? Why aren’t we looking was so important to me. We only got close down in our State, including one

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.044 S30JYPT1 jbell on PROD1PC69 with SENATE S7736 CONGRESSIONAL RECORD — SENATE July 30, 2008 that handled a lot of traffic in St. Their production falls about in the want to stop this speculation and we Cloud, MN. There was one in Winona, middle of our biodiesel facilities in want to do something about helping MN, that was actually on the Federal Minnesota. Americans and helping these compa- stamp from our State that was tempo- SMI Hydraulics is a company in rural nies with oil prices. One way to do this rarily closed down and is going to have southwestern Minnesota that manufac- immediately is to release some of the to be rebuilt. tures the bases for the wind towers you barrels of oil, 97 percent full, from that We are seeing this across the coun- see all across our country. This is a Strategic Petroleum Reserve. If you try. We are seeing a need for infra- company that started as a barn. The even go down to 90 percent, you could structure funding. At a time when our wind towers they manufacture actually inject $6 billion into the American economy is facing such difficult times, come out of the side of the barn as they economy and help to bring those oil I see this as an investment, not only in are employing dozens of people right in prices down. This is up to the Presi- the long-term viability for our coun- this little town. The heavy trucks that dent. He could do it with one signature try’s transportation system but also in bring the steel to the company put a on one document. He doesn’t need us jobs. That is why I am so disappointed heavy burden on the road as they trav- passing a bill to have to deal with that the other side was willing to turn el and are putting durability to a test. these guys and their filibuster. He their backs on 400,000 existing jobs, This truck travel and the need for could do it himself. much less add new ones, by turning more rail travel is part of our transpor- So in addition to passing these tax down that $8 billion replenishment of tation future, but when the other side extenders, to getting our green energy the highway trust fund. shoots down our ability to even replen- economy going and doing something It was President Kennedy who once ish the highway trust fund, we are not about that highway trust fund so an- said that building a road or highway going to be moving in the right direc- other bridge doesn’t fall down in the isn’t pretty, but it is something our tion for our economy. We are not going middle of America, this President, economy needs to have. I can tell you to help these rural people to develop himself, without even one vote from beyond the bridges in metropolitan the true energy economy they need to Congress, could release barrels of oil areas, nowhere is that truer than in develop. into the American economy and help rural America. We are seeing a reju- In his 1963 ‘‘Memoir for Change,’’ not only customers but also help the venation because of the energy econ- President Eisenhower famously said: businesses in this country who are omy right now in rural Minnesota as More than any single action by the govern- finding it harder and harder to compete we are in so much of rural America. ment since the end of the war, this one as we see the price of oil escalate. Senator TESTER from Montana talked would change the face of America. Thank you very much, Mr. President. about this. We are seeing biofuels, He was talking about the interstate I yield the floor. whether it is biodiesel, ethanol, moving highway system. Its impact on the The PRESIDING OFFICER. The Sen- to cellulosic ethanol; whether it is American economy, the jobs it would ator from Virginia is recognized. wind or solar. We are third in the coun- produce in manufacturing and con- Mr. WEBB. I ask unanimous consent try in Minnesota with wind energy— struction, the rural areas it would open to speak for 5 minutes as in morning third in the country. up were beyond calculation. Well, he business. I have seen jobs such as in Starbuck, was right. Just as he was right back in The PRESIDING OFFICER. The Sen- MN, where a group of 10 people decided 1963, we know he is still right in 2008. ator has that right. to quit their jobs and go work for a So the gall to turn down the replenish- REMEMBERING FREDDIE HUTCHINS solar panel factory. They were so proud ment of that highway trust fund and to Mr. WEBB. Mr. President, I rise of their work they had me jump up and stop America as we try to head to the today to extend my condolences to the down on those solar panels to show new energy future—other countries are family and friends of Mr. Freddie that they can withstand hail damage, leapfrogging us because they have gov- Hutchins who passed away suddenly and they did. ernment policies in place that mandate yesterday, on July 29. Freddie served I can tell you this: We are seeing these green jobs and move in the right on my staff since my election. He man- these jobs and we need courage in direction—is plain wrong. aged my Roanoke Senate office. He was Washington that matches the courage The one last thing I wish to say is a tremendous individual with a great of these employees in Starbuck, MN, or there is one way—as we look to jump- deal of promise. I had selected him in Pipestone—the courage of these em- starting the economy right now, as we from a number of very talented people ployees who are willing to see a better look at solving our oil crisis and our down in southwest Virginia to run this energy future, while this body on the dependency on foreign oil and our office. He passed away, as I said, sud- other side is willing to shoot it down spending of $600,000 a minute on foreign denly only at the age of 26. by shooting down those tax extenders oil—and that is the President. He Freddie was a product of southwest for energy. This is the wave of the fu- doesn’t need the Congress. He can com- Virginia. He grew up in Botetourt ture. This is the way we are going to be plain about Congress all he wants, but County. He was very heavily influenced investing in homegrown energy and in the President of the United States can by his grandfather, who was a very ac- the farmers and the workers of the actually release barrels of oil from the tive Democrat and railroad man, a Midwest instead of the oil cartels in Strategic Petroleum Reserve. He can union man down in southwest Virginia. the Mideast. do it right now. He could do it in the He was known for having made himself So it is about the energy extenders next hour. We can look at what has a business card at the age of 13 saying for me in my State and across the happened in the past: 1990 to 1991, 11 Freddie Hutchins, Democrat. He loved country, but it is also about the trans- million barrels were released; 1996 to the rich culture of southwest Virginia. portation funding that came in replen- 1997, 28 million barrels were released to He represented the values that char- ishing that highway trust fund. When reduce the Federal debt. In 2005, 21 mil- acterize that region. He loved his coun- you start building this energy econ- lion barrels were released after try. He had a great sense of service and omy, with the wind turbines and with Katrina. We can look at how full the a determination to work hard. He de- the biofuels in the trucks going across petroleum reserve has been. In 1993, 79 veloped a very early interest in poli- these roads, you are going to put more percent full; in 2001, it was 74 percent tics. He was a C–SPAN enthusiast at a stress on the roads and the rail in rural full. Well, right now, in 2008, it is 97 young age. Before joining my office, he America. If we are going to move to percent full. So this President, on his had worked for State Delegate Onzlee the next century’s economic system, own, could simply release the barrels of Ware as a legislative aide and had been we can’t be stuck in the last century’s oil from that Strategic Petroleum Re- active in a number of political cam- transportation system. serve. paigns. I will give some examples. The eth- We are the home of Northwest Air- He was a tireless and vocal advocate anol plant in Bentsen, MN, now has lines in Minnesota. The CEO there, for working people in this country. He over 525 fully loaded semis hauling the Doug Steenland, has spoken with me was committed to social justice and ethanol from their plant every week. many times. Tens of thousands of cus- was someone who was always eager and This is a 45-million gallon facility. tomers have sent e-mails saying we enthusiastic to help people.

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.045 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7737 He was one of the most honorable good legislation, and so did we. That is that is available now to be leased for and friendly individuals I have ever had why we put it in our legislation. oil exploration. All the administration the pleasure of knowing. He was a We also had a provision in our legis- has to do is tell the Interior Depart- mainstay in that community and had a lation dealing with speculation. I will ment to issue leases on it. It has al- very bright future. I had always as- talk about that later. We not only had ready been determined that it has tre- sumed that Freddie Hutchins would be it in S. 3044, we had freestanding legis- mendous oil potential. Much of it is on- running for elective office in the near lation dealing with speculation. and offshore in Alaska. It would add future. He was a friend to all who knew We also had in S. 3044 something another 25 million acres to the 68 mil- him. dealing with a windfall profits tax, lion acres the oil companies already Again, I express my condolences to which should be part of the law of our have. his mother Karen and the rest of his country today. The American con- There were other provisions in the family and all of those whom he had sumer agrees with that. Bingaman bill—good pieces of legisla- reached out and done so much with and Mr. President, Senator BINGAMAN tion. Again, we had no takers on that for over the years. He will be greatly also prepared legislation, which has from the Republicans. missed. now been filed at the desk. It is very Today, we voted on H.R. 6049, and, of With that, I yield the floor. good legislation. We were asking for course, that was defeated because of The PRESIDING OFFICER. The ma- help from the Republicans and got another cloture motion that was nec- jority leader is recognized. none. Senator BINGAMAN is one of the essary to be filed because of a Repub- Mr. REID. What is the status of the most astute, hard-working, creative, lican filibuster. The same with the floor? and smartest Senators we have ever Warm in Winter and Cool in Summer The PRESIDING OFFICER. There is had in this body. In that legislation, S. Act, S. 3186, LIHEAP. It was filibus- 4 minutes 40 seconds remaining for the 5135, we had some really good things. It tered, and we weren’t able to proceed majority in this block of time. wasn’t ‘‘take it or leave it’’ legislation. to that. That is really unusually harsh. Mr. REID. For how long? With the 68 million acres the oil com- I have heard the Senator from Vermont The PRESIDING OFFICER. The time panies have, it called for due diligence. talk about that on numerous occa- is alternating 30 minutes between the It said: With the 68 million acres you sions. I told him that more people die majority and the Republicans. have, let’s find out what you are doing from exposure in the summer than in Mr. REID. I am going to use leader with it, why you are not drilling in the winter because they become dehy- time now, and I ask unanimous consent some parts of it, and report to the Inte- drated. We need to have the ability for that the Democrats’ 4 minutes be pre- rior Department and find out what is the old, disabled, and poor to have air- served. going on with that land. It is typical of conditioning. In the winter, of course, they need heat. But this was rejected The PRESIDING OFFICER. Without Senator BINGAMAN because it was well objection, it is so ordered. thought out. Rather than the provision by the Republicans. We asked—because it was certainly The majority leader is recognized. that some were talking about—use it bipartisan every step of the way, the Mr. REID. Mr. President, we over or lose it—Senator BINGAMAN believed NOPEC bill, the Specter-Kohl bill— here, the mighty band of Democrats, that was appropriate, and that is why with the majority of 1—there are 51 of that we move to that alone. That was he went through the trouble of coming S. 879. It was rejected. Again, the Re- us and 49 of them—trying so hard to do up with this legislation. something on energy. We have been publicans refused to let us do that. He also had something in the bill We had the Stop Excessive Energy trying for months now. I think we have that would be important which deals Speculation Act, which we have dealt done some things that would be good with building codes, making it so that with for several weeks now. I spoke the for the American people but for the in the future, when things are built, night before last to the President of fact that the Republicans have basi- when construction takes place, it deals United Airlines. He said he has no cally objected to everything we have with the environment. There is so question in his mind that one reason tried to do. much that can be done to save huge the oil prices have gone down by the What have we tried to do? We intro- amounts of electricity if we had build- barrel in recent days is because we are duced S. 3044, called the Consumer- ings built properly. debating and talking about specula- First Energy Act. It has some tremen- We also had a provision on which the tion. This would work. The Repub- dously powerful things in it that relate Senator from Minnesota spoke so elo- licans have been listening to the to what the American people’s problem quently which said that we want you to monied interests of this country and is today: high gas prices. take the great resource we have—the have refused to allow us to do this. In that legislation, we talk about more than 700 million barrels of oil we Then, of course, today, we had the price gouging. Do we have any reason have in our Strategic Petroleum Re- issue of the so-called extenders bill on to have in a provision of law an ele- serve—and we want you to announce to which Senator BAUCUS worked so hard. ment that we can go after companies the world that we are going to start It was rejected. It had many good pro- that price gouge? Of course. The oil using some of that. We are going to visions in it. He worked hard to try to companies, during the Bush years, have start using that to bring down the get bipartisan support. There was dis- had net profits of $609 billion. So our price of oil. We know it works. We aster relief in it. There was finally price-gouging provision was, we know it works because the President’s something in there that we could pass thought, very key in doing something father did it, and it brought down the to do the mental health parity, which about energy. price of oil. We have asked that this be is so long overdue. We had a provision In S. 3044, we had something dealing done on other occasions, but we put it to reestablish money that has been with the oil subsidies the oil companies in this legislation Senator BINGAMAN taken out of the highway trust fund, have received, that perhaps they came up with. which is so important—to reestablish should be cut back. They are making The airlines tell us it is important to that. People are losing their jobs. these huge profits. In this bill, we had bring down the prices. The airline com- The most significant thing, from my a provision that was bipartisan and has panies need to have oil, for these com- perspective, in that legislation—even been pushed by Senator KOHL of Wis- panies to be able to succeed, at about though there was much more—was that consin and Senator SPECTER of Penn- $100 a barrel. That is high, but they it would do something now, today, sylvania—NOPEC is what it was called. could succeed with that. Anything over about taking care of the energy crisis It was a proposal to have the OPEC that is a tremendous losing proposition in this country. It is not Al Gore, cartel be subject to the Sherman Anti- for them. This would bring the price of former Vice President of the United trust Act. That seems reasonable, since oil down to at or near that price. But States, talking; it is T. Boone Pick- these countries have the absolute abil- we got no suggestions from the Repub- ens—from a different political party ity to so easily lock in prices and de- licans that they cared about this. and persuasion than Al Gore—saying termine what prices are going to be Also, I thought what Senator BINGA- we have to move to renewables. That is charged around the world. Senators MAN did was very important. He said what this legislation is all about, cre- KOHL and SPECTER thought this was there is about 25 million acres of land ating hundreds of thousands of jobs,

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.047 S30JYPT1 jbell on PROD1PC69 with SENATE S7738 CONGRESSIONAL RECORD — SENATE July 30, 2008 construction jobs and other jobs, that My caucus demands that we focus on using the Social Security trust fund to lessen our dependence on foreign oil. something to really make a difference: offset and make the deficit look even As T. Boone Pickens said, ‘‘You can’t renewables, creating hundreds of thou- smaller. drill your way out of this crisis.’’ We sands of jobs—Friedman said millions; But I also will say this: Big oil dur- were blocked on that. I am saying hundreds of thousands ing the Bush years has made a $609 bil- Mr. President, in the newspapers all within the next few months. It will lion profit—$609 billion. The Repub- over America and in other parts of the make a cleaner environment, and it licans side with big oil every step of world, Thomas Friedman’s column is will be good for the economy. the way. They have done it in all this running today. He is a person who has Mr. President, that is where it is. energy legislation. They are beholden won all kinds of prizes around the That is where it is. to big oil. Everyone knows that. I world for his writing. He has had three Again, as Thomas Friedman wrote: think it is time we start talking about bestselling books. For weeks, his books Republicans, by mindlessly repeating their something that will help; that is, we have been No. 1 on the New York Times offshore-drilling mantra, focusing on a 19th need to move to have energy created by bestseller list. He writes with great century fuel, remind me of someone back in the Sun, wind, geothermal, and we preciseness, and he is right to the 1980 arguing that we should be putting all need to do it as quickly as possible. point. Here is what he said today: our money into making more and cheaper That is where we are. I have said on IBM Selectric typewriters—and forget about Republicans have become so obsessed with these things called the ‘‘PC’’ and ‘‘the Inter- a number of occasions—I said it earlier the notion that we can drill our way out of net.’’ It is a strategy for making America a today—there was a lot of activity on our current energy crisis that reopening our second-rate power and economy. the Senate floor—understand, Mr. coastal waters to offshore drilling has be- President, where we are. Because the come their answer for every energy question. Mr. DURBIN. Mr. President, will the Anyone who looks at the growth of middle Senator yield for a question? Republicans have blocked everything— classes around the world and their rising de- Mr. REID. Yes. they have blocked energy for old peo- mands for natural resources, plus the dan- Mr. DURBIN. I wish to address a ple, sick people, disabled people; they gers of climate change driven by our addic- question to the majority leader have blocked everything we have tried tion to fossil fuels, can see the clean renew- through the Chair. I ask the Senator to do here—we have a decision. They able energy—wind, solar, nuclear and stuff whether yesterday we brought to the can make the decision. We have been we haven’t yet invented—is going to be the fortunate enough to finish the Higher next great global industry. It has to be if we floor an opportunity for the Repub- are going to grow in a stable way. licans to join us in a bipartisan way to Education Act. We have been fortunate Therefore, the country that most owns the come up with a clear package of incen- to finish consumer product safety. clean power industry is going to most own tives for renewable energy, energy that Both conference reports are finished. the next great technology breakthrough— we need now and for future genera- We can do those in the next couple of the E.T. revolution, the energy technology tions, and yesterday when that meas- days. We can move to the Defense au- revolution—and create millions of jobs and ure came to the floor as it originally thorization bill. It is up to the Repub- thousands of new businesses, just like the licans what they want to do. But if I.T. revolution did. passed the House of Representatives, I Republicans, by mindlessly repeating their ask the majority leader what the sup- they want to be here during August, offshore-drilling mantra, focusing on a 19th- port level was on the Democratic side more power to them because we will be century fuel, remind me of someone back in and whether there were more than four here with them. We all have things to 1980 arguing we should be putting all our Republican Senators who joined us in do, longstanding obligations during money into making more and cheaper IBM that effort. August, but those can be changed. If Selectric typewriters—and forget about Mr. REID. All Democrats supported people want to debate during August these things called the ‘‘PC’’ and ‘‘the Inter- net.’’ It is a strategy for making America a it, a handful of Republicans, mostly the Defense Authorization Act, that is second-rate power and economy. those who are in very difficult Senate fine. They can go out and hold their Mr. President, earlier this week, on races, I might add, for reelection. press conferences that they would rath- Monday, I offered the Republicans, on Mr. DURBIN. That is one of the reoc- er be doing something on drilling, drill- the speculation bill, four amendments, curring themes. When four or five Re- ing, drilling. They can continue to do and we would have a like number. That publicans join us, it is because many of that, or we can come back in Sep- was rejected out of hand—offer made them are facing a tough reelection. tember—there is going to be a bipar- I ask the Senator from Nevada, today and they rejected it. tisan summit on energy prices, and Yesterday, right after the Senate when we brought this measure before maybe by the August recess, maybe the Senate again, incentives for renew- opened, Senator MCCONNELL said to some of my friends will be more willing me: How about six amendments? able energy, we included in it $8 billion to do some actual compromise. I said: I am happy to discuss amend- for the highway trust fund, which can Legislation is the art of compromise. ments, but I am through discussing be attributed to 400,000 good-paying If the art of compromise is not present, amendments unless we pass the extend- American jobs. We also included the we cannot get the business done. There ers bill. mental health parity bill, which has simply has been no compromise from That was clear language. I said it di- been a bipartisan bill that has been my friends. That is why we have faced rectly, and I meant it. I am speaking sought by this Senate for maybe a dec- almost 90 filibusters. for 50 other Democratic Senators. I am ade. It has certainly been a long time. The PRESIDING OFFICER (Mr. speaking for my caucus. We included as well an extension of the WEBB). The Senator from Colorado is So Senator MCCONNELL said: Well, exemption for the alternative min- recognized. fine, we will have Senator BAUCUS, imum tax so middle-income families Mr. ALLARD. Mr. President, I am chairman of the Finance Committee, would not face higher taxes. joined on the Senate floor by my col- and Senator GRASSLEY, the ranking I ask the Senator from Nevada what league from Wyoming. I ask unanimous member, work on this. kind of support we had from the Repub- consent that we may engage in a col- I said that Senator BAUCUS said Sen- lican side of the aisle. If I am not mis- loquy. ator GRASSLEY has no authority to do taken, only five Republicans, four of The PRESIDING OFFICER. Without anything. whom are up for reelection in Novem- objection, it is so ordered. He said: Yes, he does. I will instruct ber, joined us in that vote. COST OF ENERGY him that he has all the authority in Mr. REID. The Senator is absolutely Mr. ALLARD. Mr. President, I had an the world. right, absolutely right. I can’t express opportunity to speak on the floor this They met for 2 hours last night. The how the Republican Party, as I have al- past week a number of times and speak only thing Senator GRASSLEY wanted ways known it—when I went into poli- in committee about the cost of energy, to discuss was having all of these ex- tics, I had the idea that the Repub- about pain at the pump. I am of the tenders not paid for. So we are right licans were the party of fiscal responsi- view that we need to act now. back where we started. So that is gone. bility. That has long since gone. We are My position on energy has always That was turned down overwhelmingly. going to have a deficit this year of been that we should not take anything The Republicans didn’t support the ex- about a half trillion dollars, and that off the table; that is, we need renew- tenders. So that is where we are. isn’t a fair view of it because they are able energy, we need to have energy

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.047 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7739 from whatever source we can derive— going to bring down the price of gas, I who is new to the Senate, one of our oil and gas, nuclear energy. We need to happen to think that just talking newest Members, doing a tremendous concentrate on our efforts to try to doesn’t bring about action. But I do job for the State of Wyoming. I know produce more energy. We need more. happen to believe that action does cre- that in Wyoming, for example, they That is not the entire solution. We also ate a reduction in the price of oil at have lots of energy. One of the sources need to consume less. We need to en- the gas pump. of energy they have is coal. The west- courage conservation everywhere we I credit most of the recent price re- ern part of the United States has hard can. duction to the President because he ac- coal, which is very unique. Frequently, That is why I have signed onto bills tually took action, which was to take it is mixed with soft coal so commu- such as the Gas Price Reduction Act of the moratorium off the Outer nities and towns on the east coast can 2008. This bill says we begin to open Continental Shelf. This took us closer meet their pollution requirements. deep sea exploration, where we go out to allowing for exploration for more In our discussions, there was some more than 50 miles from the coast, and energy sources out in the deep ocean. talk about the various alternative that we begin to drill in those areas Because of that, the markets did resources we could look at for clean coal, and share the revenues with the States spond. I don’t believe it was the debate for example. I was hoping that perhaps that are involved. Under our proposal on the Senate floor where we just maybe my colleague who is on the Sen- the Governor petitions to allow explo- talked, because the markets looked ate floor with me can talk a little bit ration, and he does that with the con- and said the President took real action about energy in Wyoming and how currence of the State legislature. A to repeal a regulation, making it easier their economy is being impacted with portion of funds generated would even for us to extract energy out of the the high cost of gas and diesel and go to the Land and Water Conservation ground. what energy potential is in their State. Fund in addition to States, with other That is the kind of action in which I yield the floor to my colleague from funds going to the general fund. this Congress needs to participate. It is Wyoming to talk a little bit about Wy- Also, in the particular legislation I action that needs to happen now, not 30 oming. We are neighbors. We have very mentioned, we talk about Western days from now, not a week, not a day. similar environments and very similar State oil shale exploration. This re- The sooner we act, the better it is be- natural resources. Senator BARRASSO. source would provide more than three cause people every day are feeling the Mr. BARRASSO. Mr. President, I times the oil reserves of Saudi Arabia, impact on their daily lives of high en- thank my colleague from Colorado. He this oil shale is found in Wyoming, ergy costs. is absolutely right, Wyoming is a State Utah, and Colorado. I recently participated in a press con- which has been very blessed—blessed The legislation I have signed onto ference where we had people who are with abundant sources of energy, and says we also look at ways of trying to involved with supportive programs for certainly coal, natural gas, oil, ura- create conservation, such as electric the poor. They said because of the high nium for our nuclear power, and also cars and trucks, and focus our atten- cost of food, it is making it difficult for wind, a renewable source of energy. So tion on better batteries so we can cre- them to meet their goals and objec- we have lots of different resources with ate an electrical supplement to the use tives and to keep their budgets within which we have been blessed. of liquid fuel, whether it is a truck or what they allocated at the first of the But in terms of coal—and we know car, and create some efficiencies on the year. They are having all sorts of sup- half the electricity in the United highway. In the case of cars, as much ply issues when it comes to feeding the States comes from coal—what we know as 60, 70 miles to the gallon with an poor and the disadvantaged in this is that there is enough coal in Wyo- augmentation from an electrical country. We heard from all aspects of ming to power this country for cen- source. For these efficiencies to happen the various agencies and religious turies—not decades but centuries. batteries are a key technological ad- groups that make it part of their mis- There is that much coal in Wyoming. vancement that has to occur, and it sion to provide for the hungry in this Coal is available, affordable, reliable, has to occur at a price that consumers country. and a secure source of energy for our can afford. In this bill, we put our ef- We heard from truckdrivers today. I Nation. forts into coming up with that type of was at a press conference where we To me, this is about being self-suffi- a battery. heard from truckers. When you think cient in terms of our own energy. We In addition, we try to do what we can about it, renewable energy obviously are sending so much of the wealth of to strengthen U.S. futures markets. works pretty good if you are talking this great country overseas. Every That means increased funding for staff about power lines. What kind of renew- time we buy another barrel of oil over- to the Commodity Futures Trading able source do they use in trucks? Eth- seas. Whether it is $120, $130, $140 per Commission, and it directs the present anol, perhaps, might have some uses barrel, that is a transfer of the wealth working group to study the inter- for trucks, but basically they are of our Nation to people who are not national regulation of commodity mar- locked in with one source of energy necessarily our friends. kets. Remember, on commodity mar- right and that is diesel. Mr. ALLARD. The figure I have seen kets, it is not just an American mar- The only way we are going to bring is more than $700 billion in 1 year’s ket, it is international. We have to be down the price of fuels to the truckers time. That is a whale of a lot of money careful how we disrupt the markets as who provide medical supplies, who pro- to be sending overseas, to our enemies we do that. If we are not careful we can vide food to Americans—they transport potentially. create a real disadvantage to Ameri- all sorts of produce around the coun- Mr. BARRASSO. And we have the cans and not really help in the supply try. They haul around all sorts of man- source of energy here, with the coal, of energy. ufacturing. They deliver our mail. I am and the technology is incredible. There These are the types of actions that trying to think of one commodity that are ways to use the coal to convert it will make a difference in the price of at some point in time does not spend to electricity and there are other ways oil and gas because we increase the some time on a truck. It is very impor- to use the coal to convert it to liquids. supply. That is our problem; we don’t tant that we keep the total prospect. Aviation fuel. The military uses an in- have enough to meet worldwide de- There is not a simple solution. It is not credible amount of fuel. I have amend- mand. Because of high global demand a one-issue solution where we can say: ments I have introduced and am trying we need to work not only in this coun- We are just going to focus on renewable to have debated on this floor that deal try but also in other countries to energy and the heck with everything specifically with converting coal to liq- spread the idea of conservation. else. We need to look at all alter- uids, to allow us to use that liquid for I have to tell you, Mr. President, the natives. We are having supply prob- our aviation. suggestion from the majority leader lems. We can’t take anything off the There is another technology, coal to that somehow if we just stand on the table. That is what I want to comment gas. There is a true visionary in Wyo- floor of the Senate and talk about on. ming. His name is John Wold, 91 years more rules and regulations on the com- I have on the floor with me a Senator old, and he is here today to visit. His modity markets, somehow that is from Wyoming, a good friend of mine granddaughter works in my office. I

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.049 S30JYPT1 jbell on PROD1PC69 with SENATE S7740 CONGRESSIONAL RECORD — SENATE July 30, 2008 have talked to him for years about the for example, is a deeper oil shale. It is take 10 years to develop. Maybe so. But technology of coal to gas, and it is a good quality oil shale—not quite as 10 years from now, are you going to say ready to go and available in Wyoming. good quality as we see in Utah—and we now is the time? It will still take 10 It is being done in other places around have a new technology that is being de- years. the world, but not yet here. So it is in- veloped there that takes the ground My point is that the sooner you put credible in terms of the available re- and freezes a perimeter around the sec- this in place, you can begin to prepare sources we have. But it is not only one tion of ground and then heat the mid- this bridge we need to have for today’s source of energy. We need it all. We dle of it. Basically what you have is a energy sources to get us to future en- need the coal, we need the natural gas, refinery in the ground. So what you ex- ergy sources, which are the renew- we need the uranium, we need the oil, tract out is basically a jet fuel that ables—the Sun, or photovoltaic cells, and certainly we need to be more effi- contains sulfur and nitrogen. Obvi- wind, geothermal, and hydrogen. That cient, as my colleague from Colorado ously, the sulfur and nitrogen has to be is what we are talking about, and that has talked about. We need to be energy refined out, but it is a very good, high- is what this particular piece of legisla- efficient, but we need the renewables. quality product. It is a jet fuel. Then tion provides for. So we need the transmission lines, but the heavy tarry stuff is left in the Citizens in Colorado are being dra- we have plenty of wind in Wyoming. ground. matically impacted by high fuel prices. Look at oil shale. The Senator from There is no disruption of the surface We talked before about the agricul- Colorado is familiar with that, because of the ground other than the fact that tural sector and the trucking sector. Colorado, as well as Wyoming, as well you run some pipes in the ground, and Trucking is more heavily impacted as Utah, is blessed with oil shale. Per- you need some water. They have taken than any other area, because in the haps I could ask my colleague from out water rights in that part of Colo- West, we are big States and we have Colorado to discuss some of the issues rado to make sure they have water. It lots of land to cover to provide our related to that. is the type of water that can be recy- goods and services. I don’t know whether the Senator from Wyoming Mr. ALLARD. I would be delighted to cled and reused. So there are lots of has anything to say about how his citi- talk about oil shale. First, I want to conservation aspects to this new tech- zens in his State are feeling the impact address the issue where the majority nology that is being developed for oil of high fuel prices, but certainly they leader tried to imply that Republicans shale. That is why I had the support for are being felt in the State of Colorado, are interested in only one issue, and the provision that was provided for in that is extraction of oil and gas from and it wouldn’t surprise me if they the Gas Price Reduction Act of 2008, re- aren’t very similar in the State of Wy- the ground. Republicans I talk to on moving the moratorium we have on oil this Senate floor, in my party, under- oming. shale. Mr. BARRASSO. The people in Wyo- stand we need to have a balanced ap- The current law says you can’t move proach. We need to go after all sources ming clearly are affected the same way forward with the regulatory process on folks in Colorado are in terms of the of energy. The problem is that on the oil shale, so it has stopped it dead in Democratic side, they only want to go large distances they have to drive, its tracks. In the meantime, up to 2 whether going to see the doctor, or after renewable sources. trillion barrels of oil in the form of oil I helped to found the Renewable En- taking the kids to school, or going to shale is in the ground, and we think, ergy Caucus, and so I understand how shop for groceries. I think statistically, with today’s technology, that between important renewable energy is to our when they look at how many miles on 800 billion and 1 trillion barrels is what future. But we need something to average people drive a year, Wyoming can be economically extracted out of bridge us over, and that is where I is No. 1 in terms of the longest dis- the ground and made available to us. think the comments of my colleague tances. So when the price of fuel goes That is three times all of the oil re- from Wyoming are so important, when up, the price of gas at the pump, the we are talking about converting oil to serves of Saudi Arabia. people of Wyoming feel it the greatest Oil shale is a huge resource, but we liquids or to natural gas. It helps cre- because they are driving that many need to remove the moratorium that ate that bridge. We need to create that more miles. Many of them have pickup says we can’t even go ahead and layout bridge by having an opportunity to go trucks or utility vehicles, because the rules and regulations. Now, why is and explore for oil and gas in the when you are that far away from home that important? Because they tell the ground. during the winter, you need to have One source of fuel in the ground is oil oil companies what the rules of the those higher profile, larger vehicles. It shale, and I think it is important that game are going to be, what they can is a matter of personal safety. It is my colleagues here on the floor under- expect the royalties to be, what they what we want our kids to be in as well. stand that oil shale is a huge resource can expect the price of leasing the pub- So the inflation is there at the pump, in this country. We have oil shale in lic lands to be, and also what remedi- but it is not only that. There was an the State of Wyoming to a lesser ation requirements are there for clean- article in the Wall Street Journal this amount than we have in Utah and Col- ing up the environment. When the past week about a woman in Casper, orado, but we have lots of oil shale in President removed the moratorium on WY, who runs a bakery. It is a great Colorado. In fact, most of it is in Colo- going after our natural resources bakery, down on First Street, and rado. There is a fair amount in Utah, through the floor of the ocean, he sent sheoes a nice job. But the supplies, the and then a smaller amount in Wyo- a significant message that he is willing cooking things she buys to put in the ming. We have different types of oil to provide more supply for oil and gas, bagels—whether it is the canned apples shale in Utah and Wyoming, and the and that had a positive impact on the or the sugar—everything is up extraction proposal out of those two market. We need to continue that sin- pricewise because it has to be shipped States is a little different. cerity the President showed to the in to be used. So it is the fuel we use in We need to move forward with oil American people by taking some real our own vehicles but it is also the fuel shale, and that is why I am working so action here on the floor of the Senate, that is being used to ship products. hard to get the moratorium off of oil and we need to do that by removing an The people of Wyoming are smart. At shale because Shell Oil Company and additional moratorium on drilling off all these town meetings I have, they other companies have developed a tech- the coast and we need to relieve or get it. They understand there is going nique where extraction is environ- take off the moratorium on oil shale so to be a change in the energy we use in mentally friendly. Utah’s oil shale is that resource can be developed. this Nation, a change in the different closer to the surface. It is a higher The technology is not going to be de- sources of energy. The people in Wyo- quality shale which contains lots of oil veloped until about 3 years from now, ming know we would be wise to be con- in one small chunk of rock. What they so it would be around 2011 or later be- serving, and we are, and they know we do is they go ahead and grind it up, fore it is ready to go. But you need to would be wise to be using the renew- heat it, and they extract a heavy type put in place the rules and regulations ables that we have a lot of, but they of oil out of that product. first. We need that now. Some of the are also wise in knowing we do need to In Colorado, what we are talking reasons for objecting that I have heard find more and use less; that it is a mat- about in Mesa and Garfield Counties, is people will say: Well, it is going to ter of supply and demand. And until

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.058 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7741 you can deal with both sides of that talking about more taxes on oil and We will need to make sure we have equation—not just one side but deal gas production; they are talking about the security we need in this country, with both sides—people are going to more rules and regulations. I don’t see both economically and from a military continue to feel the pain not only at any proposal that says we need to in- standpoint. That means we need more the pump but also at the grocery store. crease the supply, as we do on the Re- oil and gas and not less. We need to So the people of Wyoming get it. They publican proposal, where we want to have more energy from all over the en- know the importance of the work we turn to oil shale, and to the Outer Con- ergy spectrum and encourage the are doing here in trying to find solu- tinental Shelf, and we turn to the fu- American people to conserve. tions that will help America become tures market to try to put more en- I thank my friend from Wyoming for energy self-sufficient by developing forcement there, and we also work on his contribution to this colloquy. I American coal, American oil, Amer- the conservation side with the electric think he is doing a great job and Wyo- ican natural gas, American uranium, car. ming should be proud of him. and American renewable energy Truckers are small business people, I sources. attended a press conference today with Mr. BARRASSO. Mr. President, we Mr. ALLARD. That is very key. We truckers, I was struck by how con- started talking a little bit about coal. need to be less dependent on foreign scious they were in trying to conserve. I wish to say it is not just Wyoming sources of oil, not only for our own eco- They were maintaining their trucks. and Montana, coal is abundant nomic well-being but also for the secu- They had great safety records. They throughout the United States. Whether rity of this country. If we have to rely were making sure the air in their tires it is Pennsylvania—I see our colleague on our enemies, or possible enemies, to was optimal so they could improve the from Pennsylvania is here. Actually, provide us with fuel, that creates all mileage on it. The trucker I heard this the whole region of Pennsylvania is sorts of security problems for this morning, he was saying that about a called the coal region. He made men- country. So we have to make sure we year ago he was spending somewhere tion of that. But in West Virginia and have plenty of sources for us to meet around $1,200 to $1,300 to make a trip Illinois, coal is abundant, it is afford- our military needs throughout the from Virginia to Texas. There are no able, it is reliable and secure. world if we are going to be the Nation’s high mountain ranges such as we are I appreciate the efforts my colleague and this world’s peacekeepers. used to in the West but a relatively flat from Colorado is engaged in, in terms I note that the Senator has a very trip. This year it is up around $2,500, of oil shale—another abundant source busy corridor that goes through the $2,600 to make that same trip. It is get- of energy that is not being utilized. It southern part of Wyoming, and it is a ting close to double what he was pay- is American energy that can be used big trucking corridor. I think nearly ing last year. That has to have an im- for the betterment and future of our every truck going east to west has to pact on the goods and services that are great Nation. go through Wyoming. They like to provided in this country. Mr. ALLARD. Mr. President, I yield avoid the high mountains passes in We need to be looking at real solu- the floor. Colorado, so they find it easier driving tions. That is the point of this col- through Wyoming, and I expect you see loquy. That is the point the Repub- The PRESIDING OFFICER. The Sen- quite an impact there in your State. licans are trying to make. Just stand- ator from Pennsylvania is recognized. Mr. BARRASSO. Interstate 80, which ing here debating on the floor of the Mr. CASEY. I thank the Chair. runs west to east across the lower part Senate doesn’t make a difference. We of the State of Wyoming, is a national 40TH ANNIVERSARY OF THE SENATE SELECT need to have an opportunity where Re- COMMITTEE ON NUTRITION AND HUMAN NEEDS transportation route where people are publican Senators can put their ideas taking products from the coastal areas, forward. These need to be in the form Mr. CASEY. Mr. President, I rise to the ports in California or Oregon, and of amendments. recognize the 40th anniversary of the they come to a pinch point in Utah and We need to pick our own amend- Senate Select Committee on Nutrition then they all get onto I–80, west of the ments. The majority leader should not and Human Needs. Today we recognize Wyoming border at Evanston, and they be picking our amendments. It happens the contributions of two members of come all the way across the State. Fuel he wants to dictate that process. This that original committee, the Senate prices are high, and the miles are long. is the Senate. This is where we should Select Committee on Nutrition and People who talk about a 55-mile-an- have open and free debate. I think if we Human Needs, Democratic Senator hour speed limit in this body clearly had an opportunity to debate these George McGovern of South Dakota and have not driven across I–80, where a amendments on the floor we could Republican Senator Bob Dole of Kan- speed limit like that didn’t work before change the direction of this country. I sas. Both made and continue to make when they tried it, and it won’t work think we could change the type of leg- contributions in the war on hunger. now. islation that is being proposed as a so- It was 40 years ago that CBS tele- I served in the State Senate in Wyo- lution. vision aired a landmark documentary ming, a great place. On the third floor Deep down I believe most Members of entitled, ‘‘Hunger in America.’’ This of the capital building, there is a large this Senate understand this is a sup- documentary exposed the magnitude of mural on the wall which sort of depicts ply-and-demand problem and we need hunger that existed all across the Na- to produce more supply and we also the State of Wyoming. There is a part tion. For the first time, Americans got need to encourage more conservation. of the bottom where I–80 is running a closeup look at the true faces of hun- My hope is we will have an opportunity across it. Even back when this was ger—pregnant women and children who to make amendments to achieve this. I painted, years ago, if you count the ve- were malnourished, infants dying of have made some of those amendments hicles on the mural, half of them are starvation, starving tenant farmers liv- in committee and found I had bipar- trucks. Half of them. And I think the ing just miles from this Nation’s Cap- proportion now is even greater than tisan support and had commitments itol. Their stories and their faces half of them being trucks. from both Democrats and Republicans moved the Congress to try to end hun- Think about all the product that is that would help support my position on ger. being moved east and west on I–80, and taking the moratorium off oil shale I am sure you are seeing it in Colorado and similar moratoria. It was just last month that I was as well, with people awaiting the deliv- We are simply cutting off supplies to privileged to have the opportunity to ery of those products across this Na- this country and we are becoming more sit down with Senator McGovern to tion and paying higher prices for those and more dependent on foreign oil. We talk about the challenge of combating products because of the fuel it takes to are sending more than $700 billion over- hunger still today. As we were sitting fill the trucks in order for them to de- seas to potentially our enemies—coun- talking, he related to me a story, 40 liver the product. So we are seeing that tries such as Iran and Venezuela, for years later, that still has had a pro- not just at the pump but also in the example, and many of the Arab coun- found effect on him all these years pockets of consumers. tries which are marginal friends. We later. The evening of that CBS tele- Mr. ALLARD. I don’t see any solu- have to admit, they are there one day vision documentary broadcast I spoke tion on the Democratic side. They are and gone the next. of, the evening that was on, Senator

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.059 S30JYPT1 jbell on PROD1PC69 with SENATE S7742 CONGRESSIONAL RECORD — SENATE July 30, 2008 McGovern and his family were gath- that Americans pay for a portion of or 10 million children receive a school ered around the television set watching their own food stamps. breakfast. We must find innovative the documentary. Senator McGovern They expanded the National School ways to reach more of these children to still vividly remembers the effect one Lunch Program and made the School get them breakfast. particular image from this documen- Breakfast Program, the Childcare Food There is a direct link between school tary had on him at that time. Program, and the Summer Food Serv- breakfast and academic achievement, The image was that of a school-age ice Program permanent programs in and if the United States is going to boy leaning against a wall while most our Government; and they established compete effectively in a new world of his classmates ate lunch. The inter- the Special Supplemental Food Pro- economy, we must educate our children viewer in the documentary asked the gram for Women, Infants and Children, and to do that we must provide the boy how he felt standing there, day better known today by the acronym best possible nutrition at school. after day, watching the other children WIC. We must also recognize that many eat. Forty years later, the programs that low-income working parents with chil- His answer was not that he was angry Senators McGovern and Dole cham- dren are struggling to afford even the or bitter but, rather, that he was pioned and shepherded through the low fees charged for reduced-price ashamed. Senate have succeeded in eliminating school meals. According to the School At that moment, Senator McGovern the most serious chronic malnutrition Nutrition Association, approximately 1 recalls telling his family that he, in the United States. Today, nearly 28 million children in this country are eli- George McGovern, as a Senator, and million Americans receive food stamps, gible for reduced-price meals and yet not that boy was the one who should more than 17.5 million low-income chil- are not participating in the program have been ashamed. I think what that dren receive free or reduced school due to the cost barrier. We must devise shows is the humility and decency of meals, and more than 8 million women ways to ensure these children, too, are George McGovern, first of all. But I and children receive WIC benefits. receiving proper nutritional assistance think what he tried to convey to me in The legacy of Senators McGovern at school and do not fall through the our conversation was that young per- and Dole is truly a testament to what cracks. son’s response in that documentary—a can be achieved when we work in a bi- But providing adequate nutrition to person who was a victim of not having partisan fashion on shared priorities the children during the school year is enough to eat—that response had such that address the basic needs of the only part of the answer. Congress also a profound effect on Senator George American people. needs to implement changes to ensure McGovern that he returned to the Sen- These two men came from vastly dif- that the millions of children who rely ate the very next day and began work- ferent ends of the political spectrum upon school meals are not left behind ing on a resolution to establish a com- and vehemently disagreed on many during the summer. Currently, only 2 mittee to address hunger in this coun- other issues, but they came together in 10 children who benefit from school try. Forty years ago today, that resolu- and both agreed that hunger was and is meals also receive meals during the tion was, indeed, enacted, establishing an issue that transcends partisan poli- summer months. We must find ways to the Select Committee on Nutrition and tics. The bipartisan spirit with which make programs such as the Summer Human Needs. these two men collaborated to fight Food Service Program more accessible Senator McGovern chaired the com- hunger has certainly served as a model to children, not only in metro areas mittee from the time of its inception and a inspiration to me and I know to but in rural areas as well. in 1968 until 1977, when the committee many others in Congress. Data from the USDA’s Economic Re- was absorbed into the Agriculture Following their example of biparti- search Service shows that as far back Committee, the committee we know sanship, this year on the farm bill we as at least 1970, the percentage of chil- today as the Committee on Agri- were able to provide a record level of dren living in poverty in rural areas culture, Nutrition and Forestry, nutrition funding to reform and consistently exceeds that of children in chaired by Senator TOM HARKIN. strengthen Federal nutrition programs. metro or urban areas. Senator McGovern was committed to We were able to make key improve- A bill I have introduced with Senator exposing the failure of Federal food as- ments to the Food Stamp Program SPECTER, my colleague from Pennsyl- sistance programs at that time and itself, and we were able to strengthen vania, S. 1755, the Summer Food Serv- making reforms to ensure that these the domestic food assistance safety net ice Rural Explanation Act, would lower programs were reaching those most in by providing significant increased the threshold for feeding sites in rural need. But knowing this was a goal he funding to increase commodity pur- areas to qualify for this program. could not achieve on his own, he chases for local area food banks. We hope to help to ensure the avail- reached across the aisle to form a key But we all know the war on hunger ability of summer meals for more of partnership with Senator Bob Dole, a requires constant vigilance and we these children living in poverty who partnership and an abiding friendship, I must recognize that unmet needs still happen to live in rural areas. We know might add, that continues to this very exist in America. Despite the existence that hunger itself does not take a vaca- day. Despite their differences, both of Federal food programs, hunger con- tion, and we owe it to these children to these men share the conviction that tinues to be a serious problem plaguing ensure that the Food Assistance Pro- ending hunger is a moral imperative. more than 35.5 million Americans, in- gram does not take a vacation either. Working together, Senators McGovern cluding 12.6 million children. Finally, Congress must continue to and Dole set out to end hunger in Children are particularly vulnerable improve the quality of all nutrition as- America. Their work helped educate to the effects of hunger. Even mild sistance programs. One of the great the Congress, the Federal Government, malnutrition can have adverse impacts ironies of the current challenge is to and the Nation at large about the sheer on health, development, behavior, recognize that hunger and obesity can magnitude of hunger in the United school attendance and performance and exist at the same time. States. Over the next decade, they and self-esteem as well. In the coming year, While we recognize we are facing other members of this unique Senate we will have an opportunity to have a huge Federal deficits, we must refuse committee developed a bipartisan re- direct impact on combating child hun- to let funding challenges serve as an sponse to hunger and laid the founda- ger with reauthorization of the Na- impediment to these critical changes. tion of our current food assistance pro- tional School Lunch Act. This legisla- There is not a more important domes- grams. tion, which is set to expire September tic social objective facing us in the Among their chief successes was re- 30, 2009, authorizes all Federal child nu- coming years than to provide adequate forming the Food Stamp Program, cul- trition programs. nutrition to children across America. minating in the passage of the Food One of the most important reforms Finally, Senators Dole and McGovern Stamp Reform Act of 1977. This act that can be enacted is to expand the blazed a path 40 years ago when they made the program more efficient and school breakfast program. With 30 mil- joined to help fight the war on hunger. more accessible to those most in need lion children a day participating in the They put aside partisanship to bring by finally eliminating the requirement school lunch program, only one-third light to the darkness of hunger. Now is

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.060 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7743 time for a new generation of leaders to The Emergency Food Assistance Pro- embraced, because all of them can con- pick up that mantra on behalf of the gram assists food banks all across the tribute to the world we want to be in more than 35.5 million faces of Amer- country in meeting families’ food needs 10, 15, 20 years from now. ican hunger. in times of sudden hardship. I am very We need to build a bridge to that I therefore call upon my friends in proud to serve as ranking member on world because that world is not avail- Congress, both Chambers, both sides of the Senate Committee on Agriculture, able now. There are wind farms, but the aisle, to join me and millions of ad- Nutrition, and Forestry. This com- they are producing a tiny fraction of vocates across this country in a mis- mittee ties the important role of pro- the amount of electricity we use. There sion to end hunger. duction agriculture to the necessity of are solar panels that are basically dem- I yield the floor. ensuring that all Americans have a onstrating the technology, but not pro- The PRESIDING OFFICER. The Sen- safe, nutritious, and affordable food ducing anything like the kind of vol- ator from Georgia is recognized. supply. ume we would need. There are studies Mr. CHAMBLISS. Mr. President, I The select committee we are hon- about tidal power. There are experi- ask unanimous consent that following oring today is the predecessor of the ments going on with biomass. There my comments Senator BENNETT be rec- committee’s Subcommittee on Nutri- are explorations with geothermal. But ognized. tion and Food Assistance, and the all of those are in the future, 10 years The PRESIDING OFFICER. Without issues before it receive significant at- away, 15, 20, 30 years away. That is objection, it is so ordered. where we want to be, but we need to Mr. CHAMBLISS. Mr. President, I tention. My colleagues on the committee and build a bridge to get there. rise to join my colleague from Pennsyl- I share the determination to provide an Now, who is going to build it? I want vania, Senator CASEY, to support July effective nutrition safety net, and we Americans to be in the driver’s seat of 30, 2008, as the 40th anniversary of the continue the bipartisan approach es- building the bridge and solving the establishment of the Senate Select problem. I want Americans to take the Committee on Nutrition and Human tablished by Senators McGovern and Dole. This is proven in the recently en- lead in figuring out what we need to do Needs. as a world to get to the other side of Forty years ago there was a signifi- acted 2008 farm bill, in which funding the bridge I have described. cant awakening in this country about for domestic nutrition assistance was substantially increased. Now, 73 per- I want Americans to once again the issue of hunger and its impact on achieve their ability to influence world Americans. As the resolution states, cent of the total spending in the 2008 farm bill is allocated to domestic nu- energy prices. There was a time when the CBS award-winning documentary the Americans could determine the ‘‘Hunger in America’’ was an impor- trition assistance programs. Given rising food prices, we worked to lend a world price of oil simply by deter- tant impetus to putting a human face mining whether they would drill anon this situation. hand to those citizens in both rural and urban America who are struggling to other well in East Texas. Like many Americans, Senators When the price of oil seemed to be feed their families. George McGovern of South Dakota and too high, we could open up additional Robert Dole of Kansas were moved by I am pleased to be an original cosponsor of this resolution. I look forward to areas of East Texas to exploration. this documentary, and thus into ac- East Texas was full of oil and at the tion. The first step was the creation of continuing to work with my colleagues in the fight against hunger. time, we led the world in oil produc- the Senate Select Committee on Nutri- tion. Now that leadership is gone. It tion and Human Needs. The committee The PRESIDING OFFICER. The Sen- ator from Utah. left the shores in the 1970s. It lies now focused on the magnitude of hunger with the Saudi royal family. within our borders as well as short- Mr. BENNETT. I appreciate the yielding of the floor to me, but I under- If we are talking about building the comings of existing domestic nutrition bridge, I want the Americans to be the stand Senator LINCOLN was going to assistance programs. ones to build the bridge. I want Ameri- For example, the Food Stamp Pro- speak on this same subject. If she is available, I would be happy to yield to cans to bring back to this continent gram required participants to purchase our ability to affect the world’s price of her. I understand she will be coming a portion of their food stamp allotment fossil fuels. later so I will proceed. which left many Americans unable to And how do we do that? Well, we do receive any benefit because they could ENERGY it simply by increasing the number of not afford to buy stamps. Mr. President, we have had a lot of American sources of fossil fuels. That The work of the Select Committee on debate, a lot of discussion that does is how we were in charge of the price of Nutrition and Human Needs and the not qualify as debate, over the last oil at one time, and that is how we can McGovern-Dole partnership led to week or two with respect to energy. I be in charge again. A lot of people do many improvements in our country’s simply want to make a few comments not realize that America, though, is nutrition assistance safety net. Today, of my own with regard to that issue. the third largest oil-producing country domestic food assistance programs The energy crisis we face is a world- in the world. Saudi Arabia is No. 1, touch one in five Americans each year. wide crisis. It cannot be solved with a Russia is No. 2, America is No. 3. We The Food Stamp Program, which was national solution. But it is a national used to be No. 1; we are now No. 3. recently renamed in the farm bill the crisis as well, and we need to do what If we can increase our ability to Supplemental Nutrition Assistance we can as Americans toward finding produce energy, we can control the Program, is the cornerstone of this the solution. We need to help build a building of the bridge to the long-term safety net by assisting over 27 million bridge, a bridge that can be a world- future when we are no longer as de- Americans each month. wide bridge to the long-term vision we pendent on fossil fuels as we are now. If The Special Supplemental Nutrition have. we want to get to renewables, we have Program for Women, Infants and Chil- As we talk about that bridge, let’s to build a bridge to get there. dren, or WIC, serves 8.5 million Ameri- ask ourselves what is at the other end The material we will use to build cans and provides expecting mothers of the bridge? The vision people have at that bridge will be American energy. and their young children with the nu- the other end of the bridge is a world We have almost limitless sources to trition needed for a healthy start in that does not depend as heavily on fos- which we can turn to find that Amer- life. sil fuels as we do today. It is a world ican energy. The National School Lunch Program that has nuclear power, it is a world The Gas Price Reduction Act, which provides over 31 million lunches each that has wind power, and solar power, I have cosponsored along with a num- day and nourishes schoolchildren with geothermal power, biomass, hydro- ber of my colleagues, outlines two of balanced and healthy meals. As a hus- power, and one that I am particularly the areas where we can increase Amer- band and father of public school- enthusiastic about is tidal power—the ican sources of energy and thus help teachers, I particularly know the di- rising and falling of the tides being build that bridge and control, influ- rect correlation between healthy, nu- harnessed in generating electricity. ence, and impact world energy prices. tritious meals and the ability of a child All of those possibilities are there, The first one has to do with taking to learn. and all of those possibilities should be oil out of the Outer Continental Shelf.

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.062 S30JYPT1 jbell on PROD1PC69 with SENATE S7744 CONGRESSIONAL RECORD — SENATE July 30, 2008 Since the early 1980s, we have prohib- I yield the floor. ican businesses will be able to remain ited drilling in 85 percent of our Outer The PRESIDING OFFICER (Mr. globally competitive through the use of Continental Shelf waters. It is inter- TESTER). The Senator from Arkansas. research and development tax credits. esting that this prohibition came about TAX EXTENDERS We are talking about a time when gas the time that pricing power left the Mrs. LINCOLN. Mr. President, I rise prices are high. Food prices are high. United States and went into the hands to talk about my support and encour- People are finding that the dollars they of the Saudi royal family. It will not age my colleagues to join me in revis- are earning are not going as far. Yet bring it back automatically, but it will iting and passing what we tried to do they are still trying hard to keep their certainly make a major impact if we earlier today, and that was supporting body and soul and their families to- can now make that 85 percent of our the Jobs, Energy, Families, and Dis- gether. They are still trying to do for Outer Continental Shelf available for aster Relief Act of 2008 on which we their children and aging parents the exploration and the delivery of oil. had a procedural motion. I find this things that need to be done. One mil- We now know in a way we did not in bill, in these last couple of days of our lion additional children would have the 1980s that it is safe because Hurri- working period before we leave to re- been covered in this bill with the child cane Katrina brutally told us that oil turn to our States, one of the most im- tax credit. These are extremely impor- rigs can withstand virtually any kind portant things we can do. Is it every- tant policy initiatives we need to be of pressure from the weather. It is not thing we can do? No, it is not. We can’t providing, now more than ever, for our a lesson we wanted to learn in that do everything in one fell swoop. But American taxpayers. way, but it is a lesson that we now there are a lot of things we can do to In addition, there is almost $20 bil- know. get started. lion in incentives included in this The other area in the Gas Price Re- I applaud the hard work that was put package to move us toward energy duction Act where we can find more oil into this package by the Finance Com- independence. We have heard all of our hits closer to my home in Utah. It mittee chairman, Senator BAUCUS. I colleagues coming down here talking would allow us to extract oil from oil also congratulate our counterparts in about energy independence, talking shale. In eastern Utah, western Colo- the House Ways and Means Committee about the dire straits working families rado and southern Wyoming, there is for their tremendous efforts in putting are in. My State ranks 48 in the low-in- more oil than there is in all of Saudi together this very important piece of come category of hard-working Ameri- Arabia by a factor of three. People say: legislation that puts us off on a very cans. I know because in recent studies ‘‘But we do not have it yet. It is sound footing and a good beginning, we have seen back in May, on average unproven technology,’’ although oil heading in the right direction of where Arkansans were paying 8 percent of shale is being turned into oil in other we need to go. their income toward gasoline and in countries of the world, just not this The vote we took earlier today was some other, more desperate counties, one. ‘‘But new technology is being the third time we have attempted to they were paying up to 11 percent of tried out. Well, it is 10 or 15 years proceed to this very important package their income for fuel, particularly for away. It will be expensive.’’ of tax incentives, the so-called tax ex- gasoline. They are being hit hard. There are some things we can do. I take you back to the proposition of tenders package, this year. Unfortu- This package will provide long-term the bridge. The world where we dras- nately, we do it every year. Unfortu- extension of our renewable energy and tically decrease our dependence on fos- nately, we patch over every year the energy efficiency tax credits so we can sil fuels is far more than 10 years away opportunity we try to have put forward provide some certainty in these very or even 15 years away. We cannot wish by the Government, the incentives we important new industries that are job it into existence immediately. It is need to create an environment. That is creators but also the hope for the fu- hypocritical to say we are strongly for what government does. Government ture of where we go in terms of energy wind power and solar power and geo- creates an environment where busi- needs. It creates a tax credit for con- thermal and biomass as the solution to nesses, families, industries, and States our problems, but we are opposed to oil sumers who purchase new technology, can be successful. That is exactly what highly fuel-efficient vehicles. It also shale and Outer Continental Shelf this bill does. It is what we tried to do drilling because they take years to de- continues our commitment of moving earlier today. I hope we will continue toward alternative fuels through the velop. to push forward in creating an environ- If one is 20 years or 30 years away, extension of the renewable diesel and ment where people and businesses can and the other is only 10 years away, we biodiesel tax credit. do for themselves in an environment should be working on the one that is We know there are a lot of opportuni- that government has created, to take only 10 years away at the same time we ties we have. Yes, trying to deal with are working on the one that is 30 or 40 care of their issues, whether they be the manipulation of markets by specu- years away. disasters or a competitive nature lation is one route we need to take. America has fossil fuels that are across this globe, but to use that envi- Yes, we know that making sure we are abundant, available, and affordable, ronment to strengthen themselves, to taking advantage of new resources and and that can be used as the source of build their businesses, their families, old resources that exist in our oil and building the bridge to the world of less their communities in a way that has gas industry is important. We know dependence on fossil fuels. Our econ- been consistent with the American there are multiple things we can do in omy runs on energy. The world econ- spirit through generations of great renewable fuels and a host of other omy runs on energy. Americans. areas where we can turn to that we We cannot, while hoping that the We tried three times, and I had so never believed we could get fuel from, land we dream of is available at some hoped that the third time would be the everything from biomass to algae, a point, refuse to build the bridge with charm. Maybe it is the fourth time. whole host of new technologies coming America’s available building materials. Maybe it is the fifth. I very much be- out, research that is proving to us that I hope as we wind down this debate lieve this is something we have to do, there is a whole new world out there of and finally decide to do something and we should do it before we leave to energy and energy sources. These are about it, we will be focused on taking head home to our States for the break. all initiatives in a bill that should have the assets we already have and using During the past few months I have broad bipartisan support. We should them as the material to build the talked extensively about this extenders enact them as soon as possible. bridge to get to the place where we package and some of the things I think To be sure, there is certainly a lot want to go. If we do that, then our con- are so important. There are many ben- more, whether it is speculation or drill- stituents will see the price of gas come efits here that working families will ing or other things, that we could be down at the pump. They will see move- see, benefits for working families, com- doing. There is more that can be done ment in the right direction as to where munities, businesses, so many of which to deal with our energy crisis. But the we want to be. They will say to us: You are so needed at this time. Under this almost $20 billion in incentives in- have finally started to do your job in legislation, some 1 million additional cluded in this package is quite a down- the way we sent you to Washington to children will be covered by the child payment in moving us in the right di- do it. tax credit and more than 27,000 Amer- rection. To my friends on the other

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.063 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7745 side of the aisle who have been here on I traveled with Senator PRYOR and uals who have experienced loss from the floor this week arguing for action Arkansas Governor Mike Beebe to as- these horrific disasters. on energy legislation before we leave sess the damage across the State. In This tax relief will help my Arkansas for August, I agree with you. I think it Van Buren County in central Arkansas, families deal with expenses related to is so important that we do something. 45 homes and countless businesses were debris removal, cleanup, and repair. It We need to do something. We have to destroyed. Conway County had 140 will allow them to adjust their taxable do something. This package we have homes destroyed or that suffered major income, taking into account property seen come before us earlier today damage. losses they have suffered. It will allow would have been a great first step. It The hospital in Mountain View got them to access their own savings they still can be. We need to make sure we hit as well. Within hours, hospital ad- have tucked away in IRAs and other are passing an extenders bill, coupled ministrators and personnel, helped by retirement plans penalty free. It will with a host of other things that are es- volunteers, reacted swiftly to stabilize provide a credit for small businesses sential for us to go home in August the area. They were able to use the that continue paying their employees with to tell our constituents that we do emergency room for persons with seri- while their business is inoperable and hear the message they are sending. We ous injuries and evacuated patients being rebuilt. These important provi- could pass it with bipartisan support with nonlife-threatening conditions to sions, among others, will do wonders and get even more done when we come nursing homes and other facilities for my Arkansas families and busi- back in September. around the county. In the town of nesses impacted by these unbelievable People know we are not going to do Highland in north central Arkansas, a storms and flooding. everything at once. They don’t expect facility that housed the equipment for And I am not alone. Many of my that of us. But they do expect us to the volunteer fire department was com- neighboring States—Missouri, Mis- take, step by step, the opportunities we pletely destroyed. sissippi, Oklahoma, Tennessee, Geor- have to do something about the energy A little more than a month later, gia, Kentucky—experienced the same crisis. heavy storms hit Arkansas again. This storms Arkansas did, and they are suf- We also have in this bill the highway time they brought rain and more rain fering in the same ways—not to men- trust fund. The needs in the highway and more rain. The result was flooding tion the floods that impacted individ- trust fund are tremendous. Come next not seen in some areas for over 90 uals in Iowa, Indiana, Nebraska, and month, we are going to see a deficit years. Thirty-five Arkansas counties Kansas in recent months, who all there. We are going to see a crisis in were declared disaster areas from the would benefit from this. our highway trust fund. We are going storm. In the town of Pocahontas, the I recognize this package of disaster to have to deal with that. Why Black River crested at 26.5 feet, its relief may not be as generous as some shouldn’t we be dealing with it today highest level since August of 1915, and may have preferred. But it is a good or tomorrow but certainly before we three breaks in its levees flooded package. It is a consensus package. If leave? homes and apartments. This is a scene passed, it will provide immediate relief Finally and most importantly, the from the Black River in Pocahontas in for all of our storm victims. chairman of the Finance Committee Randolph County. I urge my colleagues to recognize the has included a package of tax relief for In Des Arc, where I traveled with value in this package. I urge them to areas all across the country hit with Governor Beebe, the White River take a close look and recognize the horrific weather and declared Federal crested at a little more than 33 feet, al- benefits it will bring to their commu- disaster areas. This will provide vital most 9 feet above flood stage. Further nities that are suffering so desperately. resources to help in recovery efforts all up the White River, the community of We should stand together. We should across the Nation; in 26 States, to be Oil Trough got hit twice. The first time all look around this room and under- exact. I am extremely thankful for the it was only a few homes. Ten days stand we are here together as a body to inclusion of this piece in the bill be- later, rains came a second time and represent this great land, each of our cause Arkansas has suffered from a flooded the entire city, forcing resi- States, of course, but to recognize as string of tornadoes and record-setting dents and businesses to completely neighbors we all have shared in much floods. The series of natural disasters evacuate. disaster. We should stand together to in my home State this year has been On April 3, another set of tornadoes do the right thing and enact this pack- unlike any I have seen in my lifetime. hit central Arkansas. Although not as age—if we get another opportunity—of It has left 62 of our 75 counties in Ar- deadly as the ones that hit us in Feb- broad-based tax relief that will help kansas in need of Federal disaster as- ruary, four twisters touched down in a our working families, our businesses, sistance. Wave after wave of storms five-county area, including some of the and our damaged communities. have rocked the residents of Arkansas counties suffering from those floods. In There is certainly a great oppor- and have left many shell shocked. addition, two more rounds of tornadoes tunity here if all of us band together It started on February 5 when a band hit the State in May, bringing the and realize that in the next 2 days be- of tornadoes created a path of destruc- total to 62 counties affected by these fore we leave we have this wonderful tion, which we can see here, that storms that hit this year. opportunity to come together to do stretched across 12 counties in Arkan- All but 13 counties in my State have something for our Nation. I hope we sas, killing 13 people, injuring 133, and been declared Federal disaster areas, will. I encourage my colleagues to ask destroying more than 880 homes. It was causing millions of dollars in property to be able to come back to that relief the deadliest storm in nearly 10 years. damage and at least 26 known deaths. package as well as that tax incentive On that day, one tornado gouged a 123- While it has been a traumatic few package that will do so much. mile path, hitting the ground, staying months for thousands of Arkansans, I Thank you, Mr. President. on the ground for that long a period. have been struck, of course, by the re- The PRESIDING OFFICER. The Sen- Along the way, around 5:30 that after- siliency of my State’s residents. I have ator from Idaho. noon, it hit a family-owned boat fac- always said the people of Arkansas are PREDATOR WOLVES tory in Clinton, AR, where 16 employ- our greatest resource, whether it is to Mr. CRAIG. Mr. President, for the ees were in the factory at the time the rest of this country and what we next few moments, I wish to change working late to load a shipment of have to offer or whether it is to one an- the pace of our debate on the floor of boats on a truck. The F–4 tornado other. Their ability to pitch in and the Senate. I am pleased the Senator struck. Unfortunately, the life of help their neighbors has been nothing from Montana is now the Presiding Of- Thomas Armstrong was lost. The build- short of extraordinary. But they need ficer in the Senate because I want to ing was totaled. The 20-year-old busi- help to finish the job. tell that Senator I am a cosponsor of a ness that had produced 550 to 600 boats This bill we tried to pass earlier piece of legislation he and the Senator a year and provided $15,000 a week in today and in weeks past provides need- from Wyoming have introduced that salaries to its 45 employees was a com- ed assistance. That is why I am so would provide grants to Montana, Wyo- plete loss. As we can see here, it was grateful Chairman BAUCUS has included ming, and Idaho, and to tribes and completely destroyed. this tax incentive package for individ- other States, at the discretion of the

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And now, as The State of Idaho is attempting, landowner actions to prevent livestock they have begun to decimate those pop- under this Secretary of the Interior, predation, and to compensate land- ulations, they are beginning to pick off and others, to take reasonable and re- owners for a loss of livestock by gray domestic livestock, both cattle and sponsible control of them, and to once wolves and other predator species. sheep, that graze on these public lands. again shape these populations of Why would I come to the floor of the This map I have in the Chamber dem- wolves so wolves can once again be in Senate and want to talk about wolves? onstrates, from the 35 wolves that were Idaho and, at the same time, to recog- Well, let me tell you what happened in dumped into Idaho in 1995 and 1996—in nize the need to maintain populations the States of Idaho, Montana, and Wy- approximately this area—the phe- of elk and deer is what we want to do. oming in 1995. nomenal spread that has occurred And it is what the Idaho Fish and Wild- In my opinion, the Secretary of the across the entire State of Idaho, into life Commission and Fish and Wildlife Interior at that time, Secretary Bruce Montana, and down into Wyoming, in agencies were doing in a responsible Babbitt, Secretary to the administra- areas where we believe there could well way—until, once again, a Federal judge tion of Bill Clinton, did something that be more than 3,000 wild roaming intervenes, who knows little to nothing I said at the time I believed to be a di- wolves. about the species itself, or probably the rect violation of Federal law and con- So the Department of Interior then law, and says: I guess maybe that envi- gressional intent. He allowed the U.S. said: It is now time we delist these ronmental group is right. Maybe we Fish and Wildlife Service to go into wolves. We thought that was going to need more wolves so we get a geneti- Canada, collect Canadian gray wolves, work until again a judge, who probably cally clear balance. We are more inter- bring them into the lower 48, and in knows nothing about wolves, listened ested in the genetics of the wolf than the late fall or early winter of 1995, he to a couple environmental groups, and we are the decimation of the elk herds, dropped 15 of those wolves into a wil- said: I don’t think we ought to allow the deer populations, and the domestic derness area in Idaho—certainly satis- that to happen. As a result, all of that livestock. fying the wishes of a lot of environ- effort was stopped. But still the taking I have said with great trepidation, mental interests, but, in my opinion, of domestic livestock—both cattle and but I say in all sincerity: Do we have to directly violating the language of an sheep—continues to this day. wait until a wolf drags down a human Interior appropriations bill, language I have served on the Appropriations species before there is a sense of alarm? that I and the then Senator from Mon- Committee. In the absence of us doing Because they have now penetrated all tana, Mr. Conrad Burns, had put in the the right and responsible thing, I kept of Idaho. They are literally in our bill saying: None of these moneys shall adding money every year not only for backyards. Yet the romance goes on be used for the purposes of introducing the management and the shaping of about this great dream of a wild West gray wolves into Idaho, Montana, and these wolf populations, but also to where you can hear the lonesome wolf Wyoming. offer some compensation to ranchers— howl at night. And they are howling. Well, Bruce Babbitt did it, with great both cattle and sheep—who were losing They are howling loudly right in our fanfare, with great public attention, their livestock. backyards. And a blind Federal agency and with a very large smile on his face. The Senator from Montana, who is and a blind Federal judge and a roman- Then, in 1996, he introduced another presiding at this moment, the Senator tic environmental theory says that is 20 wolves into central Idaho. What is from Wyoming and I have joined—they OK. the end result of what happened? This have introduced the legislation; I am a It is tragic for the wolf because, ulti- was the effort to do what we called the cosponsor—to hopefully bring about a mately, these populations will have to introduction of an experimental num- stabilized fund to offset the literally be brought under control. It is tragic ber of wolves back into a habitat that hundreds of thousands of dollars our for Idahoans and folks in Montana and wolves once roamed wild in. It was sup- ranchers are now losing, all in the good Wyoming to see their pets and their do- posed to be a limited experiment of name of Secretary Bruce Babbitt of the mestic livestock dragged down and what we called an experimental herd or Clinton administration, who had the killed, with little if anything they can pack, or packs, of wolves, an experi- wonderful dream that he could take a do about it. I hope my colleagues would support mental species, and it was to be lim- West once unoccupied by the human S. 2875, as a minimal stopgap to pro- ited. We said at that time that when species and repopulate it with a wolf. vide these domestic livestock operators the number reached a certain number— Need I say more? A wolf is not a with some compensation for the losses at least 100 breeding pairs in Idaho, kind, sweet, and cuddly little animal. they are now taking because Bruce Montana, and Wyoming—it would no They are large. They are aggressive. Babbitt, Secretary of the Interior longer be experimental, and it would They drag down elk, moose, deer. And under the Clinton administration, had no longer be endangered, and the ex- they are now beginning, as I have said, a wonderful and wild western dream. traordinary protection of the Endan- to take domestic livestock. I yield the floor. gered Species Act would come off. A week ago, a young man, who was The PRESIDING OFFICER. The Sen- That simply did not happen. Today, out training his hounds by chasing ator from Alabama. we literally have thousands of wolves bear, ran into a pack of wolves. The Mr. SESSIONS. Mr. President, how roaming the States of Idaho, Montana, wolves chased the guy off and killed all much time is left? and Wyoming. Some would say: Oh, the hounds. Some of these well-trained The PRESIDING OFFICER. Nine and isn’t that wonderful, and isn’t that ex- hounds are worth $4,000 and $5,000 a half minutes. citing, and isn’t that natural? Well, it apiece. There was absolutely nothing Mr. SESSIONS. Nine and a half min- may be natural in relation to 1880 or that gentleman could do. Could he utes. I thank the Chair. 1890, and it may be wonderful for some shoot the wolves? No. No, it is against ENERGY who behold the dream of an unoccupied the law, the Federal law, that he dare Mr. President, it is no doubt that the great West. But to those of us who live touch them. So he had to watch his be- American people are engaged on the in the West today, who live in an occu- loved dogs eaten. question of energy, and gasoline prices pied area, where domestic livestock That is happening more and more primarily. But they are worried about graze, and where the human species every day in Idaho, as this map grows their country. They are worried about loves to camp, we have a problem. Our more and more covered with incidents their own budgets. They are worried problem is quite simple. Wolves proof packs and individual and collective about the direction the Nation is head- tected have no predator. The human numbers of wolves. It is true in my ing and the fact that we are becoming species is the only predator. And in the State of Idaho. It is true in the State of more and more dependent on foreign absence of our ability to control them, the Senator from Montana. It is cer- sources of energy. It impacts our na- they multiply very rapidly in an un- tainly true in Wyoming. tional security as well as our economy. limited area with an unlimited feed As we try to bring these wolf popu- We know that now $600 billion, per- source. Their feed or food source—their lations under control, we have interest haps $700 billion a year of American prey base—happens to be what was groups and a Federal judge who raps wealth is transferred abroad on an an- once the great elk herds of Idaho along his gavel and says: No. nual basis to purchase the 60 percent of

VerDate Aug 31 2005 02:16 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.066 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7747 imported oil we utilize in America, in omy, Dr. Green says, declines 7 per- his speech. He has indicated he opposes our transportation system primarily. cent. further drilling, and he is at best luke- That is a wealth transfer the likes of He talks about heavy trucks. Im- warm, if not unfavorable, to nuclear which the world has never seen. It is proved aerodynamics on the truck power. not good for our economy. could save up to 600 gallons per year— The Speaker of the House of Rep- The average family—and I have cal- just doing that—and other suggestions resentatives, NANCY PELOSI, said she culated it based on a two-car family he made—low-rolling resistance tires. wanted to save the planet. She has driving 24,000 miles a year—is paying Better tires get better gas mileage. been opposing any production through $105 more per month for gasoline than Driver training can be a big asset, up- drilling or shale oil or clean coal or off- they were 1 year ago using the same dating fuel economy standards, the la- shore production. Our own leader, Sen- number of gallons of gasoline. This is a beling of used cars. When people go out ator HARRY REID, has said sometimes big deal. There is no doubt about it. and buy a used car, it wouldn’t be hard he favors production, but his only pro- After our families pay their taxes, to have posted the mileage of all used posal he has brought forth on the floor after they pay their Social Security, cars so that the person could see what of the Senate is to sue OPEC for not after they pay their house payment, that mileage would be if they bought producing enough oil. I would suggest their insurance, their retirement, and that particular used vehicle. He goes we could sue the Congress for not pro- their other bills, now $105 more every on with a number of other things. ducing enough oil in America. He want- month is hitting them because of in- I say that just to point out that he ed to tax oil companies, which means creased gas prices, and 60 percent of was just one witness in one area: auto- you certainly would not get any more that money is going abroad to purchase mobiles and vehicles. There are many oil doing that. Now, we have a specula- the gasoline in a wealth transfer that more things we can do to conserve fuel tion bill. Not one of those three pieces is adversely affecting our economy. and I support this. of legislation actually would produce This is a national crisis. There is no I believe we ought to reduce our de- any energy. doubt about it. pendence on fossil fuels as soon as pos- So let’s get out of this. This is not a This Nation needs to do something sible. I believe we should get away position the Democratic Party can real. We need to take action that will from them as much as we possibly can take. It is not a position a majority of work. I am, frankly, very open to a lot and reduce our imports. This would in- Democrats in America believe in. I am of different ideas that we might be able clude, for me, supporting investment in prepared to meet halfway. Let’s move to adopt. I think both parties have and promoting hydrogen vehicles and to hybrids any way we can. Let’s do ideas that would work. We need con- fuel cell vehicles. I think natural gas more biofuels. I think that can work. servation. We need biofuels. We need vehicles do have a role to play. Produce Let’s go to wind, producing as much more production of energy at home. All more diesel vehicles that get 35 to 40 and as fast as we can. I am for what- of those things, it seems to me, are percent better gas mileage. Half the ever works if it is reasonable and not quite possible. This Government should cars in Europe are diesel; we only have placing an unfair burden on the Amer- accelerate it and make it a reality. Yet 3 percent. Why is Europe doing that? ican people. we remain here, unable to act in any They get better gas mileage. They tax All I can say is, we are seeing a posi- way it seems. diesel less in Europe; we tax diesel tion here that is not acceptable. It is For example, agriculture. Yes, crop more. We have a new sulfur diesel fuel radical. It is damaging our economy. It prices, commodity prices are up, but that is extremely clean. is saying we will not do the things nec- the fuel that is utilized on the farm has All right. I think we are in a posi- essary to create a bridge to get us to doubled. Fertilizer prices, which come tion—and I think the Presiding Officer nuclear power, clean fuels in the future so often from natural gas, have also understands this—the American people that can get us off fossil fuels. doubled. Our chemical industry, most want us to do something. We need to I thank the Chair and I yield the of it is a worldwide industry. They reach across the aisle and accomplish floor. have plants, these big chemical compa- something. The PRESIDING OFFICER. The Sen- nies do, all over the world. When they How much time remains, Mr. Presi- ator from New Jersey is recognized. decide where they are going to make a dent? Mr. MENENDEZ. Mr. President, I new chemical, they ask who has the The PRESIDING OFFICER. The Sen- heard President Bush’s statement at lowest price for energy. Natural gas is ator has 2 minutes 45 seconds. the White House today, and I have to often a component of new chemicals Mr. SESSIONS. I have to conclude be very blunt. I think the President and because of prices—we have seen a that this is the problem. I don’t believe must think the American people are flat or declining chemical industry and it is the Democrats I know in Alabama, stupid. For 71⁄2 years we have had two an expansion of it in other places or I don’t believe it is all the Demo- oilmen in the White House, with Re- where the price of energy is lower. cratic Senators and Congressmen I publican majorities in Congress for 6 I believe the future of the American know in Washington, but let me tell years, and we have seen gas prices go economy is at stake. We must carry my colleagues what is happening and from $1.46 when President Bush took out conservation efforts. I see my es- where we are and how we have reached office to over $4—to about $4 now; it teemed colleague, Senator BINGAMAN, an impasse that has to be broken. went over $4 at one point—per gallon. here. He had a hearing a week or so ago Former Vice President Gore, a Now he would have us believe, after and he has had some of the best hear- former Democratic nominee for Presi- that 71⁄2 years—Republican majorities ings on energy. I am honored to serve dent of the United States, made a for 6 of those 71⁄2 years and having the on his committee. We had some fabu- speech recently and said that within 10 oil industry write the energy policy lous hearings with some wonderful wit- years, we should generate all of our with Vice President CHENEY in the nesses. The hearing I refer to included electricity without any fossil fuels. White House—now he would have us be- Dr. David Green at the Oak Ridge Cen- Half of our electricity today is coal. lieve, in fact, that we are responsible ter in Tennessee, a National lab, a Fed- Twenty percent is natural gas. He for this. eral lab, as a witness, and he made a would eliminate all of that and replace It is a good lawyer’s game. When you series of suggestions for immediate ac- it with biofuels, with solar, wind, and don’t have the facts on your side, when tions on energy. This is just to increase the like. That is a radical proposal—a you don’t have the law on your side, the miles per gallon that we get. His proposal that is not within the realm you pound on the table and create a di- first thing is driver behavior. He con- of possibility. It is a stunning idea that version. That is what they have done— tends that the average driver, if they simply cannot be achieved that fast. I tried to create a diversion. The Amer- drove better, could save 10 percent. would favor it as soon as we could, but ican people are a lot smarter than that. Curb aggressive driving, observe the we have no way of doing that. The fact is, Democrats cannot act as speed limits, don’t carry extra weight Senator OBAMA, the Presidential we want to on the energy crisis because in your car, have vehicle maintenance, nominee now, praised that speech. He the Republican Party simply won’t have realistic speed limits. For every 5 didn’t adopt everything in it, thank allow us. We have a slim majority in miles per hour over 55, the fuel econ- goodness, but he did praise Gore and the Senate, and by Senate rules, the

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.067 S30JYPT1 jbell on PROD1PC69 with SENATE S7748 CONGRESSIONAL RECORD — SENATE July 30, 2008 Republicans can filibuster to require us Now, somebody who has made a lot of In recent weeks, in response to to get 60 votes for anything. That real- money in oil doesn’t all of a sudden record oil prices, Saudi Arabia pro- ly means, in essence, for those watch- plow billions of dollars of his own duced an additional half-million bar- ing, they have the ability to block any money into renewable energy unless he rels of oil more each day. What hap- legislation they want, and they have thinks there is going to be a payoff at pened? Prices went up. used that power to the hilt. Over 90 the end. He understands. So how does the Bush-McCain drill- times they have used this procedural In my home State of New Jersey we ing plan compare to these recent tactic to block much needed legisla- have windmills in Atlantic City, where events? Well, based upon the Bush ad- tion. Even though we are in the midst the casinos are, generating a lot of ministration Energy Information of an energy crisis, they are still block- electricity. Last year we installed Agency’s own analysis, if we open all ing everything. enough turbines to power over 1.5 mil- our shores to oil production, the first At first they said they were blocking lion homes. The solar power industry is drop of oil would not be seen for almost us from our work because they wanted growing at over 40 percent a year. a decade, and offshore oil production a vote on opening our shores to oil These technologies work. They are would peak in the year 2030. Then it drilling—something I don’t support— working now. They are in high demand. would peak at only 200,000 barrels a but the majority leader said OK. We They produce an enormous amount of day. will give you a vote on opening our energy. We need to accelerate and ex- So, in fact, if 800,000 barrels a day in shores to oil drilling. pand that. If we extend the wind and reduced consumption combined with an Then the Republicans said: Oh, that solar tax credits so these industries increase of 500,000 barrels a day in is not good enough either. Instead, can continue their rapid growth, we extra production hasn’t lowered gas they claimed to want to vote on open- could add 150 gigawatts of installed ca- prices one bit, it is clear that the pro- ing the shores to oil drilling, a vote on pacity within 10 years. Now, what does duction of 200,000 versus a combination nuclear power, a vote on oil shale de- that mean? That means that we would of 1.3 million barrels in reduced development, a vote on their larger pack- have enough electricity to power over mand or increased production—200,000 age of proposals, and guess what. The 37 million homes. At that rate, by 2030, barrels in the year 2030—is going to do majority leader said earlier this week: we could get over 25 percent of our Na- absolutely nothing about gas prices. OK, you can have a vote on all of that. tion’s electricity from wind and solar In fact, the Energy Information Yet, somehow, every time the majority power. Agency says that adding those 200,000 leader offers the other side votes on ex- The package of tax credits that the barrels per day in production in 2030 actly what they want, they keep say- Republicans continue to block— will lower the price of gasoline by less ing that is not good enough. They sim- blocked again today—represents a solu- than a penny per gallon. ply won’t take yes for an answer. tion also for the high price of oil. There Let me repeat that. The Republican I hear their speeches. They all men- is a large tax credit for the purchase of production plan to open all our shores tion speculation. Well, we have had tes- plug-in hybrid vehicles—cars, for ex- to drilling and risk the environmental timony that, in fact, speculation in the ample, such as the Chevy Volt, which consequences we saw, for example, in marketplace could raise oil by $50 per will be able to run on electricity for the Gulf of Mexico during Katrina and barrel. We even saw a company that the first 40 miles after being plugged Rita, with 700,000 gallons of oil spilled was just taken by the Commodity Fu- in. That means a full three-quarters of and 7 million spilled on land by the fa- tures Trading Commission being all trips—all trips—driven by Ameri- cilities that bring that oil to the mar- charged with having manipulated the cans would not use a drop of gas. If pro- ketplace, would not lower gas prices marketplace—made $1 million in 11 jections by some of the experts hold but about a penny in 2030. days and increased gas and oil prices. true, and half the cars on the road in Let’s compare these numbers with Yet they won’t let us go to speculation. 2030 are plug-in hybrids, we could eas- what renewables have to offer. Remem- They say one thing, they do another. ily cut our use of oil by 10 percent, and ber, if we pass the renewable energy The big issue they keep talking some would suggest that we could even tax extender credits, we could produce about is production, but the Repub- displace much more. And by this time, massive amounts of electricity from licans don’t want production. They we would be producing enough renew- renewable technologies. We hear this simply don’t want us to have progress. able energy to power all these cars and constantly being discussed by the Re- That is their game plan. They have a still have electricity to spare. If we publicans, but they don’t let us vote on political equation, and it is: Don’t let want cheap gasoline and we want to be it. Remember that the tax extenders anything be achieved. free from imported oil, we need to pass will help us rapidly deploy plug-in hy- On five separate occasions, they have the tax credit extensions, and we need brid technology so we can use this elec- had the opportunity to vote for energy to build plug-in hybrids, solar panels, tricity for transportation. production. They have had the oppor- and winds turbines, to name a few. It is By some projections, this means that tunity to keep the rapidly developing that simple. by 2030, the same time period they are wind and solar industries growing at an It is time for our colleagues on the drilling off the shore with the risk that accelerated pace, but instead they de- other side of the aisle to stop exploit- comes to a $200 billion coastal econ- cide to play politics. The Republican ing our energy crisis for big oil’s gain omy, we could replace 2 million to 3 Party doesn’t seem to take renewable and let us vote on the things that will million barrels of oil per day with elec- energy seriously. It is true that renew- actually produce energy. tricity. Compare 2 million to 3 million ables are essential for our environ- Instead, they insist on holding up ev- barrels to a measly 200,000 barrels per ment, essential for our economy. What erything for an absurd plan that, ac- day by the drilling. these industries really represent are an cording to the Energy Information Some, such as the DOE’s Pacific opportunity to produce massive Agency, will not produce energy at all Northwest National Laboratory, pro- amounts of domestic energy cheaply for 10 years and, in 2030, will only jected we could actually displace 3 and at least 100,000 new high-paying produce enough additional gasoline for times as much, or 6.5 million barrels jobs in America. the equivalent of a few tablespoons per per day by 2030 versus 200,000 barrels in Now, if you don’t think renewables American car. this big drill, drill, drill. are serious business, just ask land- Let me try to put their plan into per- I don’t quite get it. You can save the owners in Texas, Minnesota, Iowa, or spective. Since April of this year, equivalent of 6.5 million barrels every Wyoming who are, in fact, receiving Americans seeing the high cost of gas day in energy by pursuing the renew- $3,000 to $5,000 per month for allowing a have actually reduced their consump- ables that they say they support but windmill to be sited on their property tion by 800,000 barrels of oil a day more don’t vote for or you can have 200,000 or ask oilman T. Boone Pickens, who is than we did year ago. This is the most versus 6.5 million by virtue of drilling plowing billions of dollars of his own significant and sudden drop in oil since 30 years from now. So this, of course, money into wind energy and a plan to the 1970s. But what happened, even means that for us to achieve this, we use renewables to end our addiction to though we have reduced 800,000 barrels need to get beyond the Republican ef- oil. of oil every day? Prices went up. forts to stop us from maintaining the

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.069 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7749 tax incentives we have. It means we ac- most people know who observe the child tax credit that Americans believe tually have to get serious about our en- Congress and Senate in session, once is part of the Tax Code. Unfortunately, ergy policies and start a serious effort you get to Wednesday afternoon, you it expired at the end of last year. If we to run our transportation fleet on elec- sort of have a feel for how much you don’t pass legislation such as what I tricity. are going to be able to accomplish dur- am talking about, such as what we That is what voters have to decide on ing the week. tried to pass earlier today, the child this fall. Do they want to vote for the I think it is fair to say we have not tax credit is not part of the law. party of big oil, the party that saw the been able to accomplish much so far The qualified tuition deduction for dramatic increase in gas over the ad- this week. This is sort of a last-ditch higher education expenses, again, this ministration’s lifetime, where they effort to encourage us to try to do is something that is very important to wrote the rules and the law at the something constructive before we leave many families in this country who White House, sitting with the Vice town, before the August recess. have children or where one spouse or President of the United States—do Let me try to put this debate in the the other is going to school and they they want to vote for big oil that has general terms that I understand it. need that tuition deduction for higher record profits, starting with There are two packages of legislation education expenses. ConocoPhillips? I can’t wait for tomor- that relate to our energy challenges Also, there are the provisions for re- row, or the day after, when ExxonMobil which we have been talking about—two tirees to be able to make tax-free IRA puts out their record profits. We are notional packages of legislation. One— rollovers to qualified charitable orga- talking about billions in record profits. and this is the one most of the speeches nizations. These are examples of provi- Do they want to vote for big oil, which are probably about—relates to the gen- sions that Americans think are in the concocted a plan that does nothing but eral problem of high gas prices, which Tax Code—and they are, except they enrich the oil companies? is a serious problem for all Americans. expired at the end of last year. We need This is about one last grab before the This set of speeches is not about a par- to go ahead and legislate to reestablish administration goes out of office. They ticular bill because we don’t have a bill those so people can take advantage of already have 68 million acres in this that has come out of any committee in them when they file their tax returns country that they have access to. Now the Senate dealing with this problem of next year. they say we cannot do this or that. high gas prices. There are bills the Re- All of that is contained in this legis- They have 68 million acres. They have publican leader has introduced on the lation that failed earlier today on the millions of acres in the Outer Conti- subject, and there is the bill to deal Senate floor—failed in our efforts even nental Shelf that are not subject to the with the part of the problem relating to proceed to consider the legislation, moratorium. They have areas in the to speculation, which the Democratic in order to be specific about it. gulf they have not pursued. leader has introduced, the majority Let me talk about the energy provi- The bottom line is that plenty of leader. We have not been able to move sion. There are also, in the tax law drilling can take place, and they have ahead on that. There have been re- today, several important provisions to not done it. Even the President of the peated efforts, and we have been encourage production of energy from American Petroleum Institute says we blocked at every turn. alternative sources—production of en- don’t have the infrastructure or the re- The other package is the one I wish ergy from wind farms, wind turbines, sources to do it. All this talk about to talk about. I spoke about it briefly from solar concentrating facilities, and drill, drill, drill, which would only yesterday. I wish to talk about it again production of energy from photovoltaic produce 200,000 barrels in 2030 versus 6.5 because I think it is extremely impor- cells that people put on their homes. million barrels of reduced demand in tant. It is, in my opinion, the most im- This is legislation that was enacted— oil—that would do something about the portant legislation we could pass and most of it—in 2005. I was honored to be gas prices—and not letting us take out take action on this week. This relates present in 2005 in my home State of the speculation in the marketplace, to the extension of various tax provi- New Mexico, in Albuquerque, when which would reduce oil $50 per barrel, sions that are currently in the law or President Bush traveled there and some experts say, but they would not that have been in the law but expired stood with Senator DOMENICI and my- let us vote on that. They would not let this last year. I will briefly talk about self and others at the time to announce us vote on the tax extenders. that. that he was signing the 2005 Energy So this is not about creating produc- Some of those tax provisions relate bill. tion, this is about stopping progress. to energy. Many of them do not. Many There are some who criticize that This is about a Republican game plan relate to other items, other matters bill, but I think there were many good that says we will send the Congress that are extremely important as well. provisions in it, and some of those pro- home without having done anything Let me talk about how important this visions are these I am talking about about dealing with gas prices, and the legislation is to our economy, to Amer- right now—the production tax credit minority will face the consequences. ican jobs, and to our energy challenge for wind energy, the investment tax They are so sadly mistaken that the as well. First, I will talk about the pro- credit for solar energy. Those provi- American people will not see through visions in the tax law that expired at sions, unfortunately, were only enacted 6.5 years of record gas prices, record oil the end of last year. These are provi- through the end of 2008, and that is profits, unwilling to allow us to deal sions we need to extend in order that about, as we can all tell by looking at with speculation or deal with produc- Americans will not face substantially the calendar, 5 months down the road. tion and what the energy tax extenders higher taxes when they go to pay their So companies that are thinking of in- provide, unwilling to allow us to pur- taxes next spring. I am talking about vesting in projects—under the law, the sue conservation, unwilling to let the things such as the alternative min- way we wrote those provisions, the American people get the relief they imum tax. project has to be actually completed want. Most Americans don’t have to worry and in operation prior to the expiring That is why I truly believe that if about the alternative minimum tax. of the tax credit in order for them to they continue on this course, the Na- Unfortunately, the way it is written get the tax benefit. tion will suffer and consumers will suf- today, unless we pass legislation such Obviously, companies are now look- fer. But they will suffer at the polls as what I will argue for here, we are ing at this expiration date of December come November. going to have millions of Americans 31 coming up and they are saying: Wait With that, I yield the floor. have to calculate their taxes pursuant a minute, hold off, we are not going to The PRESIDING OFFICER. The Sen- to the AMT and actually pay increased build that wind farm, we are not going ator from New Mexico is recognized. taxes because of the alternative min- to construct that concentrating solar TAX EXTENDERS LEGISLATION imum tax this next year if we don’t power facility, we are not going to put Mr. BINGAMAN. Mr. President, I pass that legislation. those photovoltaic solar cells in place wish to take a few minutes here on a We have a provision for a child tax because we don’t know if Congress is Wednesday afternoon. We are not to- credit. You would think there would be going to extend this provision or not ward the end of the week yet, but as strong support for maintaining the extend this provision.

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.071 S30JYPT1 jbell on PROD1PC69 with SENATE S7750 CONGRESSIONAL RECORD — SENATE July 30, 2008 The vote we had earlier today is not on the general subject of energy if we order to pay less for oil, we must have encouraging at all in that regard be- could not go ahead and deal with this more supply and we must have our own cause it is a signal to the business com- extender package. That had to be done domestic supplies. munity that, in fact, Congress is not first, I think because of his great con- We have been debating a bill that going to be able to generate the votes cern and my great concern that this is will not increase supply or decrease de- necessary to extend that provision. an urgent matter. This has languished mand. The Democrats continue to As I understand it, all Democrats too long. We need to act on it. thwart our efforts on this subject, and who were present voted for proceeding In the last 24 hours, we have had fili- we find ourselves in a logjam. to the bill so we could bring it up, de- busters on this effort to move ahead Even though oil prices have dropped bate it, pass it—at least I hope pass it. with the tax extender package a couple some, gas prices remain at an alltime I believe five of our Republican col- of times. We also, of course, had a fili- high. Americans are spending an inor- leagues joined us in that effort. But we buster on the effort to move ahead dinate amount of their hard-earned in- need more. We cannot get to the 60- with the Warm in Winter and Cool in come on gasoline. My constituents in vote threshold that is needed without Summer Act, which is the Low-Income Mississippi spend the highest amount more support from our Republican col- Home Energy Assistance Program, try- of their income on gasoline of any leagues. ing to increase the level of direct as- State—nearly 8 percent—according to The arguments used against going sistance to low-income families in an- the National Resources Defense Coun- ahead are numerous, and they are ticipation of the very high costs they cil. changing all the time. Let me briefly are going to face this winter. The status quo is not good enough. go through these arguments. I don’t know if there is a way to get We must act. If the price of oil can A main argument is they like the the Senate to move ahead. I com- drop more than $20 a barrel in 2 weeks provisions, they support the provisions, pliment the majority leader for the he- because of decreased demand, imagine they just don’t like the so-called off- roic effort he has been making in try- what could happen if we could couple sets. They don’t like the idea that we ing to do that. Obviously, he has not that with increased supply. are generating revenue somewhere else prevailed as yet. We are very lucky that we have en- to offset the lost revenue from extend- The timeline for trying to get action ergy resources in America to explore. ing these provisions. That is the argu- on this tax extender package, or some Many areas offshore are currently off ment. version of it, is as follows: limits, but they hold great potential, There are variations on that. One In June of 2007, we had a bipartisan as do the large deposits of oil shale in variation is, these are temporary tax energy tax package that we brought to the Rocky Mountains. With our abun- provisions, and we are making changes the Senate floor, and it got 57 votes. dance of coal, we have the opportunity in the Tax Code of a permanent nature That was not enough to allow us to go to utilize coal-to-liquids technology as in order to offset the loss of revenue. ahead. another fuel source. We are not lacking At any rate, we tried to fix that, and I On December 13, 2007, we had a bipar- in resources. Yet we continue to be be- think we have fixed that in the bill tisan package that got actually 59 holden to foreign oil cartels that are Senator BAUCUS offered earlier today. votes. But, again, 59 votes is not not producing at the rate of current Another argument is these are in enough to let us proceed in the Senate. worldwide demand. current law. We don’t want to offset On April 18, we did pass a package of We should also be making sure nu- anything in current law. We want to provisions of this type with no offset clear power is available in the quan- extend current law from now on even contained. That was a useful thing to tities we need. Companies such as though we were not able to do it under do. We have been told in clear and un- Entergy in Mississippi have made ap- the original budget we are operating equivocal terms that we cannot get plication to build new nuclear plants. under. So that argument is being made. support to pass such a bill through the We need to ensure that the permitting The other argument that is being House. So we are back trying to get process is rigorous but more expedi- made, unfortunately, at this point is some agreement on how we can pass tious. that somehow or other there is a proce- this package of tax extenders, how we We have the opportunity today to dural advantage to refusing to allow us can pass this package of tax provisions begin weaning ourselves from our de- to deal with this legislation. There is related to alternative energy produc- pendence on foreign oil, but in spite of some advantage that is being argued tion and related to energy conservation the suffering that high gas prices are accrues to the Republican side in their before we leave for the August recess. creating across the country, we are not larger debate about drilling offshore; This is a high priority. Projects are moving fast enough. Let’s get together somehow it helps their position that being canceled and delayed as we speak and get this job done. we ought to drill offshore if they deny because of our inaction on this matter. Mr. President, I suggest the absence us the right to extend these alternative I felt it important to come to the Sen- of a quorum. energy tax provisions, the research and ate floor and try to urge action once The PRESIDING OFFICER. The development tax provision, the child again before the week ends. clerk will call the roll. tax credit, and a variety of other provi- Mr. President, I yield the floor. The assistant legislative clerk pro- sions. I have trouble understanding The PRESIDING OFFICER. The Sen- ceeded to call the roll. that argument, but it is being made, ator from Mississippi. Mr. DOMENICI. Mr. President, I ask and somehow it seems to be persuasive ENERGY unanimous consent that the order for to an awful lot of our colleagues. Mr. COCHRAN. Mr. President, we the quorum call be rescinded. Let me briefly review the bidding will soon be adjourning the current ses- The PRESIDING OFFICER. Without here. As far as I understand, the proce- sion of the Senate, and we have yet to objection, it is so ordered. dure we have gone through this week is consider any meaningful proposals to Mr. DOMENICI. Parliamentary in- on Monday, the majority leader offered help relieve the pressure all of our con- quiry: Am I correct in assuming that I debate and votes on domestic produc- stituents are feeling because of the have 20 minutes? tion and other matters. I believe the high cost of energy. Before we return The PRESIDING OFFICER. The Re- Republican leader at that time indi- home, we should pass a bill that en- publican side has 25 minutes 20 sec- cated he would respond later. courages increased production of en- onds. On Tuesday, I believe Senator VITTER ergy here at home to reduce our de- Mr. DOMENICI. Mr. President, I un- from Louisiana announced that he had pendence on foreign oil. derstand that time is allotted to the seven amendments on energy that he Americans have responded to the two Senators, the senior Senator from would like to have considered. Tuesday jump in the price of gasoline by driving Tennessee and Senator PETE DOMENICI, afternoon, the Republican leader re- less and using less, and the price of oil the old man who is leaving the Senate jected Senator REID’s offer of four has decreased significantly in the last 2 soon. amendments on each side. Tuesday weeks because of this effort. I wish to tell the Senator from Ten- afternoon, Senator REID stated that we There is a direct link between supply nessee, our new chairman of our Re- would not go forward with amendments and demand and the price of oil. In publican conference, what a great job

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.073 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7751 he has done as we have considered learned in economics 101. I don’t know just plug them in at night at home, whether we should produce more oil for how the Senator from New Mexico did within about 5 to 8 years without much Americans from American-owned re- in economics 101. I imagine pretty well trouble. He believes it is a reasonable sources. That has been an exciting 81⁄2 because he is one of our most intel- goal in Austin, TX, to get half of those days. What disturbs the Senator from ligent Senators. But economics 101 million cars and trucks on electricity New Mexico is, even with the expla- says the price of a commodity, such as in 10 to 15 years. nations the Senator from Tennessee oil—or it might be hay or wheat or Now, Senator DOMENICI, if we could and others have made, people the Sen- anything else—is determined by the help the United States take half of our ator has read about, the things he told supply as well as the demand. So what 240 million cars and plug them in in- us about in terms of what we ought to we said in our Republican caucus was stead of filling them up with gas, we be finding and saving, we ought to be that we wanted a balanced approach; could cut our import of foreign oil by 4 producing and conserving, and we that we wanted to increase the sup- million barrels a day and stop sending ought to use our own resources, we ply—‘‘find more’’—and we wanted to money overseas. And that is our way of have not been able to get meaningful reduce the demand—‘‘use less.’’ using less. So we want to use less. amendments offered in the Senate to So if I may say just for a moment, we We have other ways to do that as have a vote. do talk a lot about finding more. well. The problem is, we can’t persuade I have come to the conclusion that Mr. DOMENICI. Yes. our friends on the other side of the there are some—perhaps more than I Mr. ALEXANDER. Because that has aisle to find more because when we say ever imagined—Democrats on the other become the issue between the two offshore drilling, they say: No, we side of the aisle who don’t want to sides, really. We want to do both, and can’t. If we say oil shale, they say: No, produce more American oil. I really many of them don’t. They want to use we can’t. Even if we say nuclear power didn’t think that was possible, but I less, and we want to use less. But it is for plugging in our cars and trucks have come to that conclusion. I am not hard getting many of our Democratic with clean energy, they say: Sorry, not saying everybody. There are some who friends to agree that even in the next a proponent of that. are working very hard on new ideas on 30 or 40 years we will need to use sig- So the answer to your question is, no, how we can produce. But I believe the nificant amounts of new American en- we are not just for more drilling—we majority leader has been bugged, both- ergy if we want to keep our lights on are all for the demand side and using ered, and pursued by those who don’t and drive our cars and heat our houses less. We know that makes a difference. want to let a vote because they don’t and have good jobs. It is hard for them We would just like to have a debate want to produce any oil on the to agree with that. and a bill about both, and we are for offshores of America even though there But let me be very precise about our both. Unfortunately, our friends on the is a lot of it there and it belongs to us. using less. Our ‘‘finding more’’ idea was other side are not. It seems to me they Having said that, I wonder if the Sen- really offshore drilling and oil shale, are kind of repealing the supply half of ator will have a comment about state- and our ‘‘using less’’ was plug-in elec- the law of supply and demand. tric vehicles. T. Boone Pickens thinks ments that have been made by a couple Mr. DOMENICI. I thank the Senator he has a pretty good plan, and he has of Democrats on the other side of the for the answer, and I want to repeat bought a lot of television time to ad- aisle who have said that there are Re- that supply and demand clearly is what vertise it, and it is pretty simple: nat- publicans who just want to drill, that affects the price. The truth is, anyone ural gas and windmills. Ours is about is all they want to do, is drill for more who thinks we don’t have to use oil for as simple: offshore drilling, oil shale, oil. Do you know of any Republicans— a significant amount of time—I mean and plug-in cars and trucks. you know the Republicans pretty well; import it—is just not taking into con- But let’s talk about the ‘‘use less’’ that is why you have your job as chair- sideration the reality that what we use part. That will do more for us than the man—do you know of any Republicans most of this oil for is cars and trucks ‘‘find more’’ part will. That is the Re- whose concern is nothing other than and airplanes and the like, and we just publican proposal. we drill for more oil? can’t make a change overnight. Mr. ALEXANDER. I would say that Mr. DOMENICI. Yes. The Senator just mentioned one the Senator from New Mexico knows Mr. ALEXANDER. We import, I be- great way to lessen that, and Austin the answer to that. lieve, Senator DOMENICI, about 12 or 13 And, Mr. President, I ask unanimous million barrels of oil a day. We use has a well-planned idea that would consent that the Senator from New about 20 million barrels a day, or a take 15 to 20 years to do half, to get rid Mexico be allowed to proceed through quarter of all the oil in the world. So if of half of the automobiles and sub- our remaining time in a colloquy. we could find a way to use less, as well stitute electric cars. But what are you The PRESIDING OFFICER. Without as find more, we could affect the price. going to do during the 15 years or 20? objection, it is so ordered. I had a visit just this afternoon from You are going to use cars, today at Mr. DOMENICI. I thank the Chair. the utility manager in Austin, TX, and least, using crude oil. You are going to Mr. ALEXANDER. So the answer is we talked about plug-in electric vehi- use gasoline. no, to the Senator from New Mexico, cles—our way of using less. What I am Mr. ALEXANDER. Then there is the and I think it is important to go back trying to do is make the point that other half of the cars and trucks that to when we first started talking about there is not anybody over here on this are presumably still running on gas. this matter. side of the aisle who just wants to drill Mr. DOMENICI. You bet. Just so we I think it might be useful to the peo- alone. We know we have to use less. make it clear, if there are Members of ple who are watching the Senate and Now, why do we say plug-in cars and the Senate who don’t want to let a vote wondering how we do things—maybe trucks? When I first started talking occur on producing more oil because they have been watching C–SPAN and about that, people thought I had been they don’t think we need to produce thinking: Well, these Senators sure out in the sun too long. I was far from more oil—and I can’t imagine why, but know how to make a lot of fine speech- the first to talk about it. Senator some people just say no more carbon; es. And that is what we have been HATCH has introduced legislation on some people say no more oil—they doing for the last 10 days, making this issue, and it has been supported by have to understand that we are going speeches. But we haven’t been doing a number of Democratic Senators as to be buying more oil whether we like anything more. But that isn’t what we well. The director of the Austin, TX, it or not, unless we just stop driving or have wanted to do or what we do want utility started talking about it with shut down America. It is going to con- to do now. What we want is a serious me earlier today, and here is what he tinue to bleed us dry. debate on legislation to lower gas says can happen. So we didn’t come down here after prices that looks at ways to find more In Austin, TX, they have about 1 mil- our majority leader offered an amend- and use less. lion cars and light trucks in his utility ment, an amendment that he has been The Senator from New Mexico is ex- district. His judgment is that they can saying had an impact on the price of actly right. We understand high gaso- get up to about 10 percent of those oil, if you can imagine that. It was an line prices are the product of a law we cars—100,000—on electricity, where you oil speculation bill. As we continue

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.074 S30JYPT1 jbell on PROD1PC69 with SENATE S7752 CONGRESSIONAL RECORD — SENATE July 30, 2008 this debate, the majority leader’s solu- numbers, and 5 percent of that number down—we are having the ceremony tion to an enormous energy crisis fac- would have been 1, and that is what we where we are celebrating both. ing our Nation—and earlier today the are at—1 million barrels. That came Mr. ALEXANDER. The Senator says majority leader gave a speech. I don’t down. That lessened the demand, the we could have done that in maybe a know if the Senator heard it. In that world economy had some problems, less week. speech he said many things, but one of money was spent, and the demand Mr. DOMENICI. You bet. the things he said is that oil prices are came down. That was supply and de- Mr. ALEXANDER. We could have going down because the Senate is demand working at its best. agreed to a large number of amend- bating—debating—oil speculation. Mr. ALEXANDER. I would say to the ments and said: Let’s have an hour on Now, the Senator from Tennessee and Senator from New Mexico, that is 1 each amendment and let’s have a vote, I really work hard at legislating be- million barrels a day using less. What and we might win some or lose some. cause we think legislation can have an we are saying, with plug-in cars and But may I remind the Senator that impact. But on such a big world prob- trucks, we can cut out another 4 mil- Senator REID brought this to the floor lem, to think that on oil supply and de- lion barrels a day over a few years. But nearly 2 weeks ago. Could we not have mand that you could come to the floor if we use offshore drilling and oil shale, started on that day to have amend- of the Senate and say in a credible we can add 3 million. So we can reduce ments from the Republicans and manner that the price of oil has come by one-third our imported oil and amendments from the Democrats, lim- down because a bill was introduced— change the price of gasoline. And I iting debate to 1-hour per amendment and the bill was the speculation bill— would say to the Senator from New with all amendments germane to en- you know, people haven’t gone to sleep. Mexico that some people say: Well, ergy? Wouldn’t that be a normal way The speculation bill has been written changing the price is way off in the fu- for the Senate to work? about, and the best thinkers have said: ture. I thought that today’s price is Mr. DOMENICI. You were here, and First, you don’t need one; and, second, based upon the expected supply. we got three energy bills through. Peo- this one would not do anything. Mr. DOMENICI. You bet. ple think we did nothing, but we did. Mr. ALEXANDER. The Senator from Mr. ALEXANDER. And the expected We had a 6-year span here where we did New Mexico is right, and you are not demand. From the day the world a lot for energy. We changed the CAFE the only one who thinks that. I picked thought that we might increase that by standards for cars. What is that going up the New York Times a couple of a few million barrels a day, or reduce to do? Use less. days ago, and in their editorial—and that by a few million barrels a day, the Mr. ALEXANDER. That is the single they do not always agree with the Re- prices started going down. Am I wrong most important step Congress could publican side of the aisle, I will have to about that? take to reduce our dependence on for- concede—but they basically said the Mr. DOMENICI. Well, if you say just eign oil, according to experts at the speculation bill is not a solution to coming up with the idea would do it, Oak Ridge National Laboratory, and high gas prices. Warren Buffett, who is then I would say no, the Senator is not Congress did that last year. a pretty good observer of the American right. But if we were to have done that, Mr. DOMENICI. And we did it with economy, has said it is not speculation, and it was a matter of law in America just one other item. It certainly didn’t it is supply and demand. that we were going to find more be- take as long as we have been down here I know for people who may be watch- cause it was there—you know, Ameri- talking instead of offering amending the Senate, they may ask: What cans are pretty good at drilling. Ameri- ments—because we could not. We are you hung about up about in the cans don’t mind using the word ‘‘drill.’’ passed it, and there it is. Everyone Senate? Why don’t you work across They have told us now in the polls, in knows it is great. party lines and come up with some answer to the question, that they are, People are telling us: Don’t worry good ideas about supply and some good by 75 percent, for more drilling if it is about the offshore, it takes 10 or 15 ideas about demand and put them in a on property we own. In fact, offshore years. Do you know what they told us piece of legislation and vote on it and has been the answer. So they want us about the ‘‘use less’’ provision that is go home and you will have taken a big to find more, and they also want to use so important, called new CAFE stand- step in the right direction? less. ards for American automobile fleets, We have said that is what we want to It is obvious that if we would have all our cars? They told us that will not do: oil shale, offshore drilling, and passed that—and anybody who says we be totally effective for 20 years. The plug-in cars. could not have because we didn’t have curve goes like this: you start—you The problem is, we haven’t been able time is just trying to pull the wool don’t save any, you don’t save any, and to do that because the Democratic over the eyes of Americans. How many then in the 15th and 20th years, you leader, for some reason, is reluctant to days would it take to do that if we had start to finally save. do the supply part of supply and de- the will and we were given 7 days and Should we not have done it because it mand. we made a deal? We can’t make a deal takes a long time to take effect? Of Mr. DOMENICI. I want to also say, on anything else, but if we made one course not. We were told to get started Mr. President, I think some of us who and we were going to have 7 days to de- on it because, as you said, it is the sin- work hard in the energy field know bate this bill, amendments come as gle biggest way to save gasoline and why the price of oil has dropped a lit- they may—take down the thing that diesel fuel that anybody knows of. tle. the majority leader put up there be- Mr. ALEXANDER. It seems as if our First, those of us who have worked at cause he didn’t want us to vote—7 full job, Senator, the way I always remem- it are concerned about the supply and days of debate—we could have produced bered it, was to look ahead 5 or 10 demand problem because we entered an a bill that would have opened the off- years. era for a short time when, obviously, shore permanently, except for the 15 Mr. DOMENICI. Sure. there was no more new supply on hand percent that is already open, and we Mr. ALEXANDER. What if President and the demand was growing. And would have adopted the use less, find Kennedy said we can’t go to the Moon guess what happened. The United more provisions you have so eloquently because it might take 10 years or Ben- States, the American people, not be- brought to us from some of your ex- jamin Franklin said we can’t have a re- cause we passed a lot of laws but be- perts, the experts you talked to, some public because it might take 50 years? cause they felt the price of oil in their of them at your National Laboratories. And we also said—you just said it: pocketbooks, changed the way they be- Just think, after we passed that and From the day we pass legislation that haved, and as a result they saved enor- had a signing ceremony at the White includes oil shale, offshore drilling, mous amounts of crude oil. We esti- House to say: Here is what we have plug-in cars and trucks—from the day mate right now that U.S. demand has done, Americans. You are saving on we do that, then the buyers and sellers been decreased by 4.3 percent, and that your own, so you are using less, and we of oil say: It looks as if there is going is about 1 million barrels a day. really think that is great, but we think to be a larger supply and less demand, When the Senator just spoke a there is still danger the price will go and maybe we will pay a little less for minute ago, he was right. He gave the up, so we want to find more to keep it oil.

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.075 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7753 Mr. DOMENICI. I want to talk to the going to get the electrical power when lieve it fits well into this debate today Senator for a minute about whether we we cannot build powerplants. Cer- because we are talking about energy are capable of doing big things that af- tainly, it takes a long time to use this and the high cost of energy. fect the energy field. We had a chance nuclear one as the way. It takes a long This week, I am sending a letter to here in the last 7 to 10 days to do some- time. You can build coal fastest, but Secretary Gates, along with my col- thing rather big. But do you know there are a lot of problems with EPA league, Senator MURRAY, to make sure what we did 4 years ago? I was fortu- and others on that, right? Then you the Pentagon is doing its job and eliminate. I left the Budget Committee, can build natural gas. That is pretty nating the evaluation errors identified where I was chairing—it seemed as much—you and I look upon that as by the GAO to make sure we have a though I was, at the pleasure of the Re- Senators and say: Yes, you can do it, fair competition and an even playing publicans, running that thing for so but it sure is risky because we need field when it comes to the air refueling long, they never wanted me to step that natural gas so badly. But that is tanker program. down. I finally got tired of it, and I the only way they built them in the The fact is, our military’s air refuel- took the Energy Committee. The first last few years. That bothers you, right? ing requirements are already well bill we passed addressed an issue that Doesn’t it? Aren’t you worried about known. The original requirements were is part of this ‘‘find more.’’ It addressed that? developed with input from the the issue of why we did not build a nu- Mr. ALEXANDER. Madam President, warfighting combatant commanders clear powerplant for 27 years. We an- how much time do we have remaining? and approved by the Air Force Require- swered it in that legislation, didn’t we? The PRESIDING OFFICER (Ms. ments Oversight Council and the Joint Mr. ALEXANDER. And there has KLOBUCHAR). The Senator has 1 minute Oversight Requirements Council. Ac- been a remarkable change today just 7 seconds remaining. cording to the Federal rules, major because of that legislation 4 years ago. Mr. ALEXANDER. Let me ask the changes to these requirements cannot Mr. DOMENICI. Do you know how Senator from New Mexico on our last be made without going through this many applications there were when we minute and 7 seconds, one of the de- process again. passed that legislation, for all Amer- scriptions I like is his description of I think failing to account for what ica? Zero. That meant something was how we need to produce more American are full life-cycle costs and estimates awry. energy as our bridge to the future when or changing the requirements in the Mr. ALEXANDER. For nuclear pow- we will have a different kind of energy. RFP would be another colossal failure erplants. Mr. DOMENICI. I would think, if we in this long process. This was an eval- Mr. DOMENICI. We had not built could start using these words—we need uation problem, not an RFP problem. I any. You have to apply, and so you go a bridge to the future—and then we got am here to say that if the Pentagon there and look and you see whether together and thought about that and fails to learn the lessons from the GAO there are any applications. As of then said, What is that? Remember a decision and changes the requirements today—I just got a briefing—do you while ago I told you how long it would that have already been set, then I am know how many full-blown applica- take in the city of Austin before you sure they will hear from many of my tions there are to build, locate, and de- would get all those cars that are using colleagues and myself here in Congress. sign? You can put all that in one now. oil off the streets? There may even be another GAO pro- It takes a long time—4 years after you Mr. ALEXANDER. Ten to fifteen test. have done it. Sixteen American compa- years, half of them. The American people do not want to nies or consortia of companies, even Mr. DOMENICI. Half of them. And have an amended RFP that will result though it takes a long time and they then all the other things we talked in a protracted protest rather than the are going to have to have their money about, CAFE, how long it would take tanker procurement we are all seeking. at risk for a long time, put their appli- going up and then start down—that ap- Therefore, the new competition should cations in and said: I want to get in plies to so many things in America be based on the requirements that were line because I want to build, I want to that the truth is we are not going to be reflected in the original Request for find more energy. in a position to look to new, brand new Proposal dated January 29, 2007. The We are really grateful; for once, we generation of energy to move cars and world our warfighters are operating in have one where we don’t have to argue trucks. We can’t do that for a decade. has not changed since those require- about pollution, right? So there is a bridge taking place, a ments were set. I see no need for them Mr. ALEXANDER. It is the only bridge from now until we do not need to be changed. source of large, dependable amounts of oil any longer. But what does the We are here on the floor now talking energy with no carbon, no sulphur, no bridge consist of? It is oil. Oil is the about the high cost of energy. The Boe- mercury, no nitrogen. It is our clean- bridge between now and the time we do ing Company worked hard to meet the est. And as the price of coal goes up not use oil. Air Force requirements for the tanker and natural gas goes up, it is the least I regret to tell you, for anyone who bid process. It picked the 767, the plat- expensive of our reliable forms of en- thinks there is no bridge—it just comes form that best matched those Air ergy. to me now—then they can walk into a Force requirements. If the Air Force Mr. DOMENICI. So, you see, when canyon and drown in the water under- had called for a larger tanker, Boeing there is a will, there is a way. The ground that is running there because could have offered a bigger plane, the problem is, there was no will on the they didn’t walk on a bridge and they 777, with far more fuel capacity. But part of the Democratic leader—and per- drowned themselves. I do not want to the plane that Boeing picked, the 767, haps some behind him. I am not going drown our country. I want to find new is a much better match for us, the to say all of them, but surely they oil so the bridge will be less somebody American taxpayer, and for our envi- didn’t express any dissatisfaction with else’s and more ours. ronment. what was going on until, at the end, we I understand the Chair tells us we are The Air Force currently uses more started feeling there was some rum- out of time. We will behave very well. fuel than any other branch of the mili- bling going on. Maybe they had some Thank you very much. tary, and the Boeing 767 plane burns 24 friction. But nobody over on that side I yield the floor. percent less fuel than its competitor seemed to be saying to their leader: We The PRESIDING OFFICER. The Sen- and would have saved the taxpayers ap- want to get busy here and have some ator from Washington is recognized. proximately $30 billion over the life of votes. There was not a will, so you REFUELING TANKER PROGRAM these tanker planes. can’t do it. You couldn’t change nu- Ms. CANTWELL. Madam President, I As my colleagues are talking about clear power without a will. come to the floor this afternoon to join what to do about the high cost of fuel, In that same bill we were referring my colleague from Washington State I ask them to consider one of the Gov- to, we changed a lot of things. I wanted to talk about—I actually say it is an ernment’s largest users of fuel—the Air to tell you, one thing you have been in- energy issue. Yes, it is also about the Force—and whether we should make terested in is the electric grid because Air Force and Department of Defense sure fuel efficiency is integrated into you are concerned about how we are air refueling tanker program, but I be- the Air Force’s procurement decisions.

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.077 S30JYPT1 jbell on PROD1PC69 with SENATE S7754 CONGRESSIONAL RECORD — SENATE July 30, 2008 The Air Force uses more than half of issues and weighs the loss of critical I am not saying the Pentagon cannot all the fuel the U.S. Government con- skills in the U.S. manufacturing base. change the requests for proposals. How- sumes each year, and aviation fuel ac- In this time of challenge, America ever, I strongly believe that all those counts for more than 80 percent of the wants to know it can rely on a work- changes have to be rooted in the origi- Air Force’s total energy budget. In force and manufacturing base here in nal requirements that were set out by 2006, the service spent more than $5.8 the United States for our preparedness the Air Force when it began the proc- billion for almost 2.6 billion gallons of for whatever conflict comes in the fu- ess of replacing the military’s midsized jet fuel—more than twice what it did in ture. tanker, the KC–135. 2007. I want to make sure that the prob- I recognize the Pentagon’s procure- The American taxpayers obviously lems identified by the Government Ac- ment team is very serious about get- cannot afford their own higher fuel countability Office are corrected and ting this competition right. They want costs. I do not see how the American that we move forward. But failing to to get the right tanker for our taxpayers can afford the U.S. Air Force account for lifecycle costs on fuel, on warfighters. They want to do it quick- running up a higher cost energy bill as infrastructure, on maintenance would ly. But I also want to make it clear well. also be another failure in this process. that if the Pentagon moves forward An Air Force Assistant Secretary I hope my colleagues will remember with this effort, officials must take the told the House Armed Services Com- this was an evaluation problem, not GAO’s findings seriously and ensure mittee that it wants to leave a greener the RFP. And we hope we will straight- that this competition is as fair and footprint, with more environmentally en this out as we move forward. transparent as it can be. sound energy resources. He testified I see I am joined on the floor by my Last month the GAO upheld eight that the rising gas and oil prices had colleague, the senior Senator from points of protest that were raised by forced the Air Force to take a harder Washington. I hope she too can add to Boeing, including that the Air Force look at the budget to find ways to save the focus of how those high costs are changed directions midstream in the money while maintaining a high oper- something we should be considering in process about which criteria were more ations tempo in the war on terrorism. making sure the Air Force moves for- important. It did not give Boeing cred- Assistant Secretary Bill Anderson ward on the appropriations choice to it for providing a more capable plane, said this: give the men and women of our coun- according to the Air Force’s descrip- The increasing cost of energy and the Na- try a long overdue air refueling tanker tion of what it wanted. Yet it gave Air- tion’s commitment to reducing its depend- that we deserve. bus extra credit for offering amenities ence on foreign oil have led to the develop- I yield the floor. ment of the Air Force energy strategy, to re- The PRESIDING OFFICER. The Sen- the Air Force did not even ask for. The duce demand, increase the supply and change ator from Washington State. GAO report said the Air Force delib- the culture within the Air Force so that en- Mrs. MURRAY. I come to the floor erately and unreasonably increased ergy is considered in everything that we do. this afternoon to join my colleague Boeing’s engineering costs. When that I believe the Boeing 767 would have from Washington State and thank her mistake was corrected, it was discov- been a much better choice for the Air for her comments and attention on this ered that the Airbus tanker actually Force in energy savings and fuel effi- enormously important issue to our cost tens of millions of dollars more ciency. As I said, it burns 24 percent State and to our entire country. than Boeing. less fuel than the alternative that was As she outlined earlier this month, The GAO found that the Air Force put on the table. The Air Force did not the Department of Defense took a rare accepted Airbus’s proposal even though give full consideration to the national step involving a major procurement Airbus could not meet two of their key security impact of these fuel efficiency contract. Defense Secretary Gates de- contract requirements. They could not issues when it made its decision on the cided the competition to replace the meet the contract requirement, Airbus tanker. next generation of aerial refueling could not, and refused to commit to Given that the Air Force, as I said, tanker was so flawed that it should be providing long-term maintenance as uses more than half of all of the fuel rebid. He elevated that competition was specified directly in the RFP, even the U.S. Government consumes, I hope from the Air Force to his office, and he after the Air Force repeatedly asked they are thinking about the big picture promised to address all of the findings them for it. issue when it comes to making sure our raised last month in a Government Ac- Secondly, the Air Force could not Nation reduces its dependence on for- countability Office ruling which deter- prove that Airbus could refuel all of eign oil. mined that the contest was skewed in the military’s aircraft according to This 767 has greater operational flexi- favor of the European company Airbus procedure. This goes to show how there bility. It can land on shorter runways and against Boeing. were major flaws that occurred and it can be based at more locations I was glad to hear the Defense Sec- throughout that process. worldwide with existing infrastructure retary had decided to take new bids So as it continues with this competi- instead of making us, the taxpayer, and start over. But I come to the floor tion now, the Department of Defense pay for more and more infrastructure today to join with my colleague from must make sure there is no reason to costs. Washington State because I too have question its motives. If they truly plan Boeing’s medium-sized 767 tanker very serious concerns about the Penta- to make this a fair contest, Secretary makes a lot more sense than the over- gon’s plans for that new competition. Gates has to ensure that before the se- sized option that was originally out- Some Pentagon officials are already in- lection team reopens this competition, lined by Northrop Grumman/EADS, dicating to us they are considering it goes back and addresses each one of and its greater operational flexibility. using this opportunity to amend the those GAO findings. It has to ensure The tanker size was determined in request for proposals to give greater that both companies are on the same the original requirements. And so the weight to a bigger plane. footing and it has to prove the com- fact this plane, the 767, is more fuel ef- As a result of those comments, de- petition is as transparent as possible. ficient, can land on shorter runways, fense experts and analysts are now be- Our refueling tankers are the backbone can have more base operations, in fact, ginning to predict that as a result of of our global military strength. They over 1,000 more base operations world- that, the contract will simply go back are stationed around the world today wide, and the fact that the other costs to Airbus. I brought this up in a meet- and they service planes from every to the taxpayers in the long run are ing this week with Acting Air Force branch of our Armed Forces. This is a lower compared to the other offer the Secretary Donley, in which we dis- contract that is ultimately worth more Air Force is considering, we must cussed the history of this tanker con- than $100 billion. We are going to have make sure we are doing our job here on tract, and we talked about the needs of these planes for decades. We cannot af- the floor of the Senate to make sure the Air Force, the criticisms that have ford to make mistakes. these issues of cost savings to the tax- been lodged against the latest competi- As I said at the beginning of my re- payer are considered. tion, and our concerns about the marks, I recognize that Secretary I want to make sure the Department amendment to that RFP that would tip Gates is very serious about getting this of Defense takes a hard look at these the scales to favor one bidder. competition right. At the end of the

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.078 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7755 day, this is about getting the right over the current state of the expired to be matched with revenue increases equipment for our airmen and air- and expiring tax provisions, and to ex- or certain spending decreases. While I women who are put in harm’s way for press what I see as real problems in continue to be a strong believer in fis- our security every day. Our service- getting these important provisions cal responsibility, there are three basic members deserve a plane that will en- taken care of before Congress adjourns reasons why Republicans have rejected able them to do their job and return this year. the false fiscal responsibility of the home safely. My office is increasingly being con- Democratic extenders bills. Our taxpayers deserve to have contacted by businesses and individual First, it is wrong to raise taxes on fidence that the errors are going to be taxpayers, not only from my home one group of taxpayers in order to pre- fixed in this contract as the GAO out- State but around the Nation, who are vent another group of taxpayers from lined. So I come to the floor today to asking what the delay is in taking care suffering an increase in taxes. Second, say, as the Pentagon moves forward of the so-called extenders. I am sure it is wrong to offset temporary exten- with this effort over the next several this is true of all offices of all of my sions of current law with permanent weeks, I strongly urge our officials to colleagues on both sides of the aisle. tax increases. Finally, it is wrong to take those GAO findings seriously and It is already way past the time when increase taxes at a time when the Fed- ensure this competition is as fair and Americans should have been able to ex- eral Government is already collecting transparent as it can be. pect a reasonable Congress to take care more revenue as a percentage of gross SAMUEL SNOW of what in prior years has been a fairly domestic product than the 40-year his- While I am on the floor this after- routine issue. While the almost annual toric average. This is particularly true noon, I want to take a moment to say rite of passing a tax extenders bill has at a time of slow or no economic a few words about a different topic; never represented an ideal way of gov- growth. Our friends on the other side that is, about a gentleman who sac- erning, the Congress has generally ex- are ignoring a solution the Republicans have offered that would finance the tax rificed very dearly for our country. ercised a modicum of responsibility in extenders bill in a fiscally responsible My colleague from Florida, Senator getting this chore taken care of within way. We believe we should reduce the NELSON, was on the floor earlier today a reasonable time. That is, until re- explosive growth in Federal spending talking about a veteran named Samuel cently. instead of raising taxes in order to off- Snow who traveled from Florida all the Over the past several years, set the revenue losses. Just during this way to my home State of Washington, Congress’s ability to take care of what Congress, Democrats have passed bil- all the way across the country this is the least common denominator in past week, to finally receive the honor- lions of dollars of new spending with- our duty to ensure a stable tax system able discharge from the Army that he out bothering at all to offset the effect has eroded. We are now bordering, in deserved to get more than 60 years ago. of these increases on the deficit. Bil- This man traveled from Florida to my opinion, on gross negligence. No lions more of new spending has been Washington to finally get an honorable wonder the Congress’s approval ratings approved through the Democratic discharge 60 years later. Samuel Snow are so incredibly low. budget resolution. Mr. DURBIN. Would the Senator was one of 28 African-American sol- Among the tax provisions that have diers who were wrongly prosecuted in a from Utah yield for a question? already expired is one the business Mr. HATCH. I would be happy to. court martial for a crime that occurred community relies on to keep products Mr. DURBIN. We were doing half- in Seattle at Fort Lawton in 1944. and processes flowing, innovations that Last weekend, 64 years later, the hour segments. We had 11 minutes re- are the lifeblood of our economy. Busi- Army finally publicly acknowledged maining on ours. How long is the Sen- nesses across the country are, once that Mr. Snow and 27 others were un- ator planning on speaking? again, anxiously waiting to see if we justly convicted and issued a formal Mr. HATCH. Not more than 10 min- will reinstate this important incentive apology. As my colleague from Florida utes. for innovation, the research tax credit, talked about this morning, Mr. Snow Mr. DURBIN. I ask unanimous con- which I have championed for decades. came all the way from Florida to Se- sent that we have some reallocation of The purpose of the research tax credit attle and participated in the dinner the time. is to encourage investment in techno- there with sons and daughters of some The PRESIDING OFFICER. Without logical innovation. Companies gen- of the men he served with in prison. objection, it is so ordered. The time erally cannot fully recover R&D ex- But later that evening in Seattle, Mr. will be reallocated. penditures, thus discouraging compa- Snow checked himself into a hospital, Mr. HATCH. I was told to be here at nies from investing in innovation. The and he missed the next day’s ceremony. 5:40. I thank my dear colleague for his Federal Government provides tax in- His son Ray Snow went to the cere- kindness and understanding of the situ- centives in order to support business mony and accepted the honorable dis- ation. R&D, and the business community is charge on his father’s behalf, that hon- Senate leaders on both sides have depending on us to continue to support orable discharged he had waited dec- tried to make progress on the extend- R&D. We cannot wait until the end of ades to receive, and took it from that ers bill but have repeatedly failed. The this year to commit to this vital in- ceremony, went to his father’s hospital distinguished majority leader has vestment, this vital tax policy. The bed and was able to hand it to him per- chalked up this failure to Republican time is now. sonally and see the smile in his dad’s obstructionism, as he has with almost At a time when we are looking for eyes for the first time. every other failure of his party to pass ways to spur economic growth, I know Sadly, very sadly, his father, Mr. legislation this year, or legislation of no thoughtful person who does not Snow, passed away shortly after he was they desire. believe research and development is handed that honorable discharge. Sam- Contrary to the accusations of our vital to our economy and to our future uel Snow was a hero for our country leader on the other side, the reasons prosperity. My colleagues on the other who suffered unjustly. He deserves the for Republican opposition to the Demo- side of the aisle are trying to create ri- thanks of our entire country for his cratic extender bill are grounded in diculous permanent offsets in order to service and his sacrifice. My thoughts principles of solid tax policy and fiscal pay for temporarily extending the re- now are with the Snow family during responsibility. Unfortunately, our posi- search tax credit which I argue we can- this difficult time. I am so glad he was tion has been grossly distorted by not afford to lose. able to finally receive that honorable many on the other side and many Many U.S. companies are looking discharge he waited for so many years Democrats on the outside. The Demo- elsewhere to establish their R&D ac- and to receive it before he died. cratic extenders legislation has failed tivities. Testifying before the House I yield the floor. because it contains fundamental flaws. committee on Science and Technology, The PRESIDING OFFICER. The Sen- The other side is insisting on raising Dr. Robert Atkinson, president of the ator from Utah is recognized. taxes to pay for the loss in revenue Information Technology and Innova- RESEARCH TAX CREDIT from extending the expired tax provi- tion Foundation, testified that ‘‘eight Mr. HATCH. Madam President, I rise sions. Their so-called pay-as-you-go or of the top ten [research and develop- today to express my growing alarm pay-go rules call for all revenue losses ment]-spending companies in the world

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.079 S30JYPT1 jbell on PROD1PC69 with SENATE S7756 CONGRESSIONAL RECORD — SENATE July 30, 2008 have established R&D facilities in picking on him to a degree, only in We brought it to the floor. We said to China.’’ good nature but also in seriousness. We our colleagues: We need to renew this. They could just as easily have been have to work together. We have to It is about to expire. If we don’t renew established here. If we are not careful, start solving some of these problems. it, these businesses may not reinvest. we will soon not only be dependent on We can’t do it by always increasing But giving a tax break takes money foreign oil but also dependent on for- taxes. out of the Treasury, so we want to bal- eign research and development. The re- I yield the floor. ance the books. To balance the books, sult would be a tragic loss of American The PRESIDING OFFICER (Ms. we suggested raising a business tax to jobs, economic growth, world leader- CANTWELL). The majority whip. offset the cut in taxes for renewable ship, and prestige. We simply cannot Mr. DURBIN. Madam President, the energy, balance the books. The Repub- allow this to happen. Here we have a Senator from Utah is my friend. We lican side, the party of so-called fiscal tax incentive that has been around for disagree on so many things politically. conservatism, rejected this. As my But on a personal basis, we have a very almost 30 years, which enjoys wide ac- friend from Utah said, they don’t be- good friendship and relationship. I am ceptance by the business sector, the lieve we should have to pay for tax hoping the day will come when we find academic community, economists, and cuts. which has very broad support from that issue on which he and I can march Well, tax cuts, unfortunately, take practically every corner of the polit- together arm in arm to achieve great- money out of the Treasury and add to ical spectrum. Yet this tax credit pro- ness for the country. I know that day is the deficit. We think balancing the vision has been allowed to expire 13 coming. I am an optimist. books is the only way to get this def- Mr. HATCH. If the Senator will kind- times. Each time we play the extension icit under control. So when the vote ly yield, this is the issue. This is one game, Congress seems to get a little came—there are nominally 51 Demo- we could both march arm in arm on. more cavalier about the expiring or ex- crats, 49 Republicans—there were a few We both agree. The question is, How do pired provisions in general and the re- you pay for it? Frankly, we are not absences on both sides, but we were search credit in particular. While we going to go with the pay-go rule. We able to attract 5 Republicans who play this extension game, our business have to find some other way. I would would join us for the renewable energy community loses out on chances of in- like to make it permanent. I would tax credits. novation that could spur economic The others said: There is no way. like to get rid of the AMT that is hurt- growth at a time when we need it to be Forty-one of the forty-nine Republican ing so many, 24, 25 million people. I be- spurred. Senators have signed a letter which I lieve my colleague wants to do these Now is not the time to create tax un- call ‘‘death before taxes.’’ It is a letter things as well. But we have to find a certainty for employers. A retroactive way of getting together and doing it. I which says they will never—ever, ever, or, even worse, lapsed research credit think my good colleague knows where ever—vote to increase a tax, never. will cost American jobs. There is no I stand on these issues. That kind of paints you into a corner. way you can avoid it, if we don’t get Mr. DURBIN. I thank the Senator Because if you are not willing to in- this done. Seventy percent of research from Utah. crease a tax on someone to cut a tax on tax credit dollars are used for wages of Madam President, we have a deficit. someone else, you are stuck with a Tax R&D employees. It is estimated by the It is terrible. It is a debt which is grow- Code that never changes, or you are Information Technology Association of ing. It is a mortgage on America. Our stuck with a deficit which continues to America that the lapse of the research children are going to be saddled with get worse and worse as you try to make tax credit will cost the economy $51 it. The mortgagor, the bank for Amer- the Tax Code a generator of economic million per day. Are my friends on the ica’s debt? China, Korea, Japan, the growth. other side of the aisle willing to risk OPEC nations; they are holding our The Republicans, for the last several losing American R&D jobs and severely mortgage. Many of us believe this isn’t weeks, have been on the floor talking impact the already difficult U.S. econ- fair to our children and grandchildren about America’s energy picture. They omy in the name of a perverse and to continue to pile on the debt. We should. We have talked about it a lot wrong-headed sense of fiscal responsi- came up with a very simple approach. on our side of the aisle. Their solution bility? If you want to spend money, you have is a solution which is old-time religion: We cannot drive our economy into to pay for it. You either have to raise Drill, drill offshore, drill onshore, drill the ground in the name of false fiscal taxes or cut other spending. If you everywhere. If we drill and find more notions such as a pay-go rule that is want to cut taxes, you have to have oil, we will be fine. used only to grow Government and to some balance; in other words, cut They ignore the reality. The reality add more taxes to people. Tax increases spending or raise another tax. When it is, if you look at the entire potential are not the prescription to what ails is all over, we want a zero sum so it supply of oil in the world, the United our economy. But extending these ex- doesn’t add to the national debt. States has access and control of 3 per- piring tax cuts and making the re- I don’t think that is unreasonable be- cent of the world’s oil. Each year our search tax credit permanent will help cause it means we have to make economy consumes 25 percent. So let’s our economy grow. I urge my col- choices. Here is the choice we faced in do the math. If you drilled all the oil leagues on the other side of the aisle to the last 2 days. We have a thriving in- available in the U.S. offshore/onshore, reconsider their opposition to spending dustry in America for renewable en- how long could we sustain our economy cuts as a way to responsibly pay for the ergy. I can’t believe what is going on in just by drilling? The answer is, we cost of extending the expired and expir- my State of Illinois. I go into parts of couldn’t. It can’t be done. ing tax provisions. I wish we could downstate Illinois and see farm after What is the alternative? You can im- make the research tax credit perma- farm covered with wind turbines. Out- port oil, which we are doing now, 70 to nent. If we would, it would help our side of Bloomington, IL, is the Twin 80 percent of the oil we use is brought economy. It would help companies to Groves project, 240 wind turbines gen- in from overseas, from other countries, have some sense of what is going to erating enough electricity for cities in or you can find another approach—re- happen in the future. It would help Bloomington normal—no pollution, sponsible exploration and production in them in their planning. It would help farmers love it because they get paid America that doesn’t violate basic en- create jobs. It would help to create for the wind turbines on their land, and vironmental regulations, doesn’t run more and more innovation. My gosh, it they can plant the corn and soybeans the risk of contaminating or polluting makes sense. I hope my colleagues will right up next to it. So it is a win-win offshore, and then a forward-looking reconsider and that we can get this tax situation, and it is there because we approach to energy, an approach which extenders bill passed as soon as pos- had a provision in the Tax Code which looks for renewable, sustainable sible. created an incentive to invest in wind sources of energy for the future, that Having said all that, I thank my power, solar power, geothermal, the deals with the possibility that we will friend, the majority whip, for his gra- clean energy solutions that will gen- replace current electric power genera- ciousness in allowing me to make this erate electricity without causing more tion with pollution-free generation statement, especially since I have been global warming. from wind turbines and solar power,

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.081 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7757 moving toward a new generation of This sign shows that the Republicans Representatives overwhelmingly. The cars and trucks. have engaged in 91 filibusters in this Melanie Blocker Stokes MOTHERS A few years ago, about 4 or 5 years session. For most people who are fol- Act—one I am familiar with—dealing now, I offered an amendment on the lowing this debate that number may with postpartum depression to try to floor to improve CAFE standards. We not mean much. In the history of the make sure new mothers who are suf- had not increased fuel efficiency in Senate, the largest number of filibus- fering from that depression get the cars for over 20 years. We were stuck ters in any 2-year period of time was 57 treatment they need. Vision care for with an old number. We were falling before this session. What is a fili- kids so that we help the States pay for backward. People bought heavier buster? It is an attempt to slow down more visual screening so kids don’t fall trucks and SUVs, and they were not as or stop the Senate from acting. Ninety- behind in the classroom simply because fuel efficient. So I said: Let’s have a one times the Republicans have tried they need eyeglasses. new goal, moving toward more fuel-ef- to slow down or stop the Senate from Then we had a number of bills out of ficient cars. Let’s have a challenge to acting. Today they did it again. They our Senate Judiciary Committee: a bill our industry and to our science to find stopped us when we tried to pass this to reauthorize a program to find run- these new cars for the future, safe cars, energy policy for America that creates away and homeless kids. The Emmitt cars that use less fuel and meet our incentives for renewable energy. Till unsolved Civil Rights Crime Act, needs. I got beaten badly on the floor That isn’t all that was in this bill. It Senator DODD and I and others have co- when I offered that, but gasoline wasn’t just about energy alone. In this sponsored this one. Those responsible wasn’t $4.50 a gallon then. I lost that bill was protection for working fami- for killing civil rights workers, no mat- attempt twice in a row. The votes lies from the alternative minimum tax, ter how long ago, should be held ac- weren’t that good. I am not sure I even creating more tax liability for them in countable, and this bill would have had 30 votes out of 100 for the idea of next year’s return. That is a good bill moved us in that direction—a bill to fuel efficiency. But someone once said: as far as I am concerned. We should be deal with mental illness and crime, un- There is nothing more pregnant than protecting working families who are fortunately, closely linked, and we an idea whose time has come, and with struggling to get by. should be doing something about it; gasoline at $4 a gallon, the idea’s time In this bill as well was $8 million for bills dealing with reducing Internet has come. We passed a law to require the highway trust fund. We are afraid child pornography. more fuel efficiency in years to come. this highway trust fund will run out of All of the things I have just men- So we are moving in the right direction money before the end of the year and tioned—health care and crime related— there. That is the future for us. The fu- 400,000 good-paid workers would lose were in a package of bills which the ture for us is to find ways to conserve, their jobs in America. I don’t want to Republicans refused to support. I don’t find ways to be more fuel efficient, find see that happen in my State; I don’t get it. I don’t understand it. I don’t ways to generate more renewable en- think any Senator does. We tried to know how you could go home and explain to the people you represent that ergy that doesn’t pollute the environ- protect our economy from that hap- you voted against these bills. Obvi- ment. pening in this bill. Today’s vote was a disappointing There was a provision, totally unre- ously, they think it is easy to do, and vote. We tried to create incentives for lated—and critics of Congress say: Why maybe it is for them. It wouldn’t be for renewable energy, and only 5 Repub- do you do things like this? Why would me. In the State of Illinois, there are licans out of 49 would come and vote you put that provision in a bill about too many people affected by these bills. The Republicans consistently—with with us. Four of the five are up for re- energy and jobs? But I will tell you, I their filibusters and holding back their election, some of them facing tough would put that provision I am about to votes—have stopped us from doing the contests in November. They know it is describe in any bill. It is called mental people’s work. I understand when peo- hard to explain voting against this bill. health parity. This bill would require ple think of Congress across America, They voted against our bill, which private insurance companies to provide it is not in positive terms. They want would have created incentives for bio- opportunities for people to buy health us to do more. They want us to respond mass and hydropower, incentives for insurance to cover mental illness. We to the issues of the day, the things that solar energy and microturbines, bio- have been fighting for this for as long make a difference. Whether we are diesel production, renewable projects, as I have been in the Senate. The fight dealing with medical issues, of re- coal electricity, advanced coal elec- was started by Paul Wellstone of Min- search; whether we are dealing with tricity demonstration projects, plug-in nesota. What a great man he was. We law enforcement; whether we are deal- electric cars, new batteries that we lost him when he died in a plane crash ing with the energy picture—these are will need for plug-in hybrids, ways to 6 years ago, and we have tried to pass things on which we should be voting to reduce pollution from trucks with this bill ever since. I think we should move forward. However, time and time idling reduction units, installing more put that amendment on every bill. and time again, the Republicans, E–85 fuel pumps around America so There are so many American families through their filibusters, have stopped consumers have a choice to use a who are affected by mental illness. We us in the Senate. That is what happens cheaper and more environmentally put that before the Senate today and in a 51-to-49 Senate where it takes 60 friendly fuel, home credits, building only five Republicans would vote for votes to do anything significant. They credits. All of these were incentives to that. I don’t understand their thinking. have control of the agenda—at least move America in the right direction, Many have said they really believe in control enough to say no—and they not the wrong direction, and only 5 of it, but they wouldn’t vote for it. That have said no repeatedly on 91 different the 49 Republicans would vote for that. is where we are. occasions with their filibusters, break- Their goal is more drilling. Their So their filibuster ended up stopping ing all the records in the Senate. agenda is written by the oil companies. a bill from moving forward, as it did I wish to get back to this energy pol- The oil companies have consistently earlier this week. Earlier this week, icy. I don’t want us to go home without asked for more and more and more that another Republican filibuster stopped a addressing it, but I am afraid the Re- they can put in their portfolio of pos- bill which had 34 or 35 provisions in it publicans have closed the door not just sible areas to drill. However, currently to deal with a number of different yesterday but again today. Earlier, the there are 68 million acres of federally issues. Some of them were health re- leader on the Democratic side, Senator owned land under lease to the oil com- lated: a registry for those suffering HARRY REID, read from this morning’s panies that they are not using, they from Lou Gehrig’s disease so we can do New York Times, July 30, an article by are not exploring. They are not bring- better research in finding a cure; ef- Tom Friedman entitled ‘‘Drilling in Af- ing oil and gas out. They have ample forts for additional research in reha- ghanistan.’’ What Tom Friedman said opportunity in that area and others to bilitation activities at the National In- about the Republican strategy on en- meet the needs of future exploration. stitutes of Health for those suffering ergy, I think, really hits the nail on They are not doing it. Yet from the Re- from paralysis; a stroke treatment bill, the head. I quote from this article: publican side of the aisle, we hear they a bipartisan bill—all of these bills, in- Republicans become so obsessed with the need more. cidentally, have passed the House of notion that we can drill our way out of the

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.082 S30JYPT1 jbell on PROD1PC69 with SENATE S7758 CONGRESSIONAL RECORD — SENATE July 30, 2008 current energy crisis that reopening our to 14 years from now there will be addi- my friends on the other side to get this coastal waters to offshore drilling has be- tional oil is not going to solve our en- done. come their answer for every energy question. ergy problem. It is yesterday’s answer. Mr. DURBIN. Will the Senator will Anyone who looks at the growth of middle As Senator DORGAN from North Dakota yield for a question? classes around the world and the rising de- Ms. KLOBUCHAR. Yes. mand for natural resources, plus the dangers has said so frequently: When the Re- of climate change driven by our addiction to publicans think of energy, it is yester- Mr. DURBIN. I served with Senator fossil fuel, can see that clean, renewable en- day for everything. Paul Wellstone from Minnesota, who ergy—wind, solar, nuclear, and stuff we Let’s think about tomorrow. Let’s passed away 6 years ago, just weeks be- haven’t yet invented—is going to be the next have an energy policy that looks for- fore the election. He and his wife Shei- great global industry. It has to be if we are ward. la, his daughter, several staff members, going to grow in a stable way— Madam President, I yield the floor. and the pilot and copilot were lost in Thomas Friedman writes. The PRESIDING OFFICER. The Sen- that plane crash. I attended that me- Therefore, the country that most owns the ator from Minnesota. morial service for him at the Univer- clean power industry is going to most own MENTAL HEALTH PARITY sity of Minnesota. the next great technology breakthrough: The Ms. KLOBUCHAR. Madam President, Paul had such a passion for so many ET revolution—the energy technology revo- this afternoon I spoke about how im- issues. But the one thing that meant lution—and create millions of jobs and thou- portant it was to pass that extender more than anything to him was this sands of new businesses just like the IT revo- bill, how important it was for my State mental health parity bill. I am sad- lution did. Republicans, by mindlessly repeating their offshore drilling mantra, focus- and for the rest of the country to pro- dened that, 6 years later, we still ing on a 19th century fuel, remind me of mote green jobs, to look at this new haven’t passed it. We only had 5 Repub- someone back in 1980 arguing that we should energy future, to stop spending $600,000 licans join us today and vote for it. I be putting all our money into making more a minute on foreign oil. I said this hope the Senator from Minnesota feels and cheaper IBM Selectric typewriters and afternoon we only got four Republicans as I do, that we need to pass the forget about those things called the PC and to vote with us on a bill that was paid Wellstone mental health parity bill— the Internet. It is a strategy for making for, a bill that was the right way to make no excuses, find no alternatives, America a second great power and economy. go—only four Republicans. other than to make sure it is named in So when it comes to paying for what There was something else in that bill his memory, the man who started us we do on the floor of the Senate, the that is just as important to me and to down this road and whose journey Republicans vote no. When it comes to my State of Minnesota and to the mil- needs to be finished by us today. an American energy policy that is for- lions of people living in the shadow of I am glad the Senator from Min- ward looking, sadly, the Republicans mental illness, and that is the Paul nesota is here to participate in that. It vote no. When it comes to medical re- Wellstone mental health parity bill should be the highest priority before search in critical areas, this week the that is included in that package. We we adjourn this year. Since I need to Republicans voted no. When it comes have tried to pass this through the ask the question, I ask her if she to crime provisions to deal with run- Senate over and over again. Senator agrees. away kids and to deal with Internet DOMENICI on the other side of the aisle Ms. KLOBUCHAR. I thank the Sen- pornography and children, this week has been one of the biggest supporters ator so much for that question. I know the Republicans voted no. and sponsors of this bill. Senator KEN- from his family, those he left behind, There comes a point where you have NEDY has worked on it. Senator DURBIN who miss him so much, this is what he to stand for something. We have tried has worked on it. There are many peo- wanted to get done. I actually remem- our best to bring these issues before ple in the House, including PATRICK ber, I say to the Senator from Illinois, the Senate. We will continue to. KENNEDY, and one of my favorite Re- the last time I saw Paul Wellstone be- The last point I will make is this: publican Congressman, JIM RAMSTAD, fore he went down in that tragic plane There is one thing—one thing—the who is retiring this year, and he crash. It was at an event for new citi- President can do tomorrow morning doesn’t want to leave the House until zens. Sheila, his wife, was supposed to that can change the debate on energy that bill gets done. be there, and the two of us were talk- in America instantly, and that is an For me, the Paul Wellstone mental ing about our immigrant families, announcement. There is an announce- health parity bill is about Paul where they came from and how they ment he could make that the United Wellstone. It is about everything he pulled themselves up and funny stories States—which has a Strategic Petro- stood for. It is about fighting for the about our families in Appalachia. leum Reserve of 700 million barrels of people who don’t have a voice. It is There were about 30 new citizens there oil that has been gathered and pro- about all the people who have come up and no press, no cameras. All of a sud- tected for our national security—is to me in the Capitol, not the Senators den, by surprise, in walked Paul. You now going to be part of our energy so- but the secretaries and the tram driv- know, it was 3 or 4 weeks before one of lution. If President Bush announced ers who remember Paul and remember the biggest elections in the country, that he would start releasing oil from how kind he was to them. This bill is and he was in that room with the new that reserve, selling it on the market, about his brother Stephen who strug- citizens. with the goal of bringing the price of a gled with mental illness his whole life. I knew there were two reasons: One, barrel of oil down to $100 from its cur- Paul would always talk about how the he loved Sheila and he wanted to sur- rent level of about $122, it would do house they grew up in was always dark prise her. Second was he embraced this more to breathe life into the American because of Stephen’s mental illness and idea that no matter where you came economy than any other thing. It how, after Stephen got better and went from, no matter what you have gone would say: The United States can stop on to teach, what a difference it made through in your life, you could pull being a victim when it comes to energy in the family, but it was a lifelong yourself up in this country. That is and can become a player on the global struggle for him. part of why this mental health parity market. It would send the signal that So this bill is for Paul. When Paul bill was so important to him. He had we are not going to tolerate $145-a-bar- was alive, our friends on the other side seen in his family how his brother rel oil and the prices it generates at of the aisle said they wanted to pass struggled and was able to pull himself the gasoline pump and when it comes this bill. And when Paul died, they said up. There was a horrible financial situ- to jet fuel for our airlines. If the Presi- they wanted to pass this bill. This is ation for their family. He didn’t want dent showed leadership in releasing oil the time, and it was a part of that that to happen to someone else. He felt from the Strategic Petroleum Re- package. Senator KENNEDY is at home that if you can cover physical illnesses, serve—if he called in the oil companies watching everything that goes on in you should also cover mental illnesses. and put them on the carpet for the out- this Chamber, and he wants to get that This bill is what Paul wanted to get rageous profits that they continue to done. Paul’s son, David, has been here, done. report—we could turn this around. day after day, walking the halls of the I know the majority leader and oth- Simply suggesting that we have to Capitol, knocking on doors to get this ers have said the other side said they drill more offshore in the hopes that 8 done in his father’s memory. I implore would pass it when he was alive and

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.084 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7759 then when he died. This is their At the same time, we must continue owners if convicted of publishing de- chance. to speak out in support of those impris- famatory or seditious material—all I thank the Chair and yield the floor. oned for advocating basic freedoms part of a larger deterioration of basic The PRESIDING OFFICER. The ma- around the world. freedoms in The Gambia. jority whip is recognized. Many of us on both sides of the aisle Madam President, the United States DETENTION OF GAMBIAN JOURNALIST EBRIMA have been arguing that America’s needs to be a forceful advocate for MANNEH strength resonates not only from its these kinds of blatant human rights Mr. DURBIN. Madam President, military power but from the power of abuses. Doing so is not only the right America has long been a champion and its ideas and inspiration, the power of thing to do, but it is the smart thing to source of hope around the world for its values and hope, the power of its do in terms of our engagement abroad those suffering human rights viola- generosity and diplomacy—its smart and in demonstrating our American tions—those holed up in dictators’ pris- power. values. ons, those fighting for press and polit- Sadly, I worry that a measure of this I yield the floor. ical freedoms, those bravely standing leadership, of this inspiration, and of The PRESIDING OFFICER. The ma- up to tyranny or injustice. this uniquely American hope has been jority leader is recognized. Many of those who have suffered, lost in recent years. Mr. REID. Madam President, I with- such as Vaclav Havel and Nelson Accordingly, today I want focus the draw the motion to proceed to S. 2035. Mandela, or continue to suffer this Senate’s attention on a tragic story The PRESIDING OFFICER. The mo- fate, such as Aung San Suu Kyi, are from the small west African Nation of tion is withdrawn. well-known to us. Sadly, for each one The Gambia. f of them, there are many other, lesser Chief Ebrima Manneh was a reporter known heroes being detained or har- for the Gambian newspaper, the Daily NATIONAL DEFENSE AUTHORIZA- assed all over the world simply for Observer. He was allegedly detained in TION ACT FOR FISCAL YEAR wanting basic human freedoms. July 2006 by plainclothes police officers 2009—MOTION TO PROCEED Through our annual human rights re- thought to have been from the Gam- Mr. REID. Madam President, I made porting at the State Department, our bian National Intelligence Agency this unanimous consent before and it diplomacy, and steady public pressure after he tried to republish a BBC report was objected to. on basic human rights, the U.S. has critical of President Yahya Jammeh. I move to proceed to Calendar No. traditionally been a source of hope for He has been held incommunicado, 732. S. 3001, the DOD authorization those being illegally detained or per- without charge or trial, for two long bill—that is the Defense Department secuted. years. Amnesty International considers authorization bill—and I send a cloture We should never forget what this him a prisoner of conscience and has motion to the desk. kind of attention and pressure can ac- called for his immediate release. complish and what kind of strength it I agree. CLOTURE MOTION provides for those being detained. Recent reports suggest he is being The PRESIDING OFFICER. The clo- Take for example, Ngawang held at the Fatoto Police Station in ture motion having been presented Sangdrol, a Tibetan nun who was de- eastern Gambia. In July 2007, he was under rule XXII, the Chair directs the tained and tortured for peacefully ex- also reportedly escorted by the mem- clerk to read the cloture motion. pressing her belief in Tibetan independ- bers of the Gambian Police Interven- The assistant legislative clerk read ence. She was freed after 12 years of tion Unit to the Royal Victoria hos- as follows: imprisonment following immense pub- pital in the capital for high blood pres- CLOTURE MOTION lic pressure. After her release she said, sure treatment. We, the undersigned Senators, in accord- I have been overwhelmed by the out- Despite repeated attempts by ance with the provisions of rule XXII of the pouring of love and support . . . I am deeply Manneh’s father and fellow journalists, Standing Rules of the Senate, hereby move touched to learn that many individuals, or- including the Committee to Protect to bring to a close debate on the motion to ganizations, and governments...have proceed to S. 3001, the National Defense Au- Journalists, to seek information on Mr. thorization Act for Fiscal Year 2009. worked towards my release. It is very clear Manneh, the Gambian Government to me that I have been released and allowed Carl Levin, Christopher J. Dodd, E. to come out to the free world for medical continues to deny any involvement in Benjamin Nelson, John F. Kerry, treatment and to enjoy my freedom because his arrest or knowledge of his where- Claire McCaskill, Joseph R. Biden, of international concern. abouts. Jr., Bill Nelson, Blanche L. Lincoln, Or Gurbandurdy Durdykuliev, a po- My direct request to the Gambian Richard Durbin, Daniel K. Akaka, Embassy here in Washington has also Robert Menendez, Kent Conrad, litical activist from Turkmenistan who Sherrod Brown, Jack Reed, Jim in 2004 was seized and forced into a psy- been met with shameful silence. Last month in Nigeria, the Commu- Webb, Charles E. Schumer, Harry chiatric hospital by the country’s rul- Reid. ing dictator. His crime—requesting nity Court of Justice of the Economic Community of West African States de- Mr. REID. Madam President, I ask permission for a peaceful political that the mandatory quorum be waived. rally. clared the arrest and detention of Mr. Manneh illegal and ordered Gambian The PRESIDING OFFICER. Without He was released a few years later, objection, it is so ordered. just 10 days after 54 members of Con- officials to release him immediately. And yet the Gambian Government ig- Mr. REID. Madam President, I appre- gress sent a letter to the Turkmen ciate my friend from Iowa allowing me Government about his case. nored this court’s ruling as well—even though this court has jurisdiction for to do this. He has been waiting for We should listen and act upon the ap- some time. peal made by Aung San Suu Kyi, who human rights cases in the Gambia. Is the Gambian Government so afraid The PRESIDING OFFICER. The Sen- has remained under house arrest in ator from Iowa is recognized. Burma for most of the last 19 years: of one of its own reporters that it can- TAX EXTENDERS Those fortunate enough to live in societies not even acknowledge his detention? where they are entitled to full political I say to President Jammeh: Release Mr. GRASSLEY. Madam President, rights can reach out to help the less fortu- this reporter. Let him return to his at 2:42 today on the Senate floor, the nate in other parts of our troubled plan- family. Senate majority leader made an incor- et.... Please use your liberty to promote Sadly, Mr. Manneh’s case is not alone rect statement. In discussing the nego- ours. in The Gambia. In December 2004, a tiations last night between the chair- I realize we must also work to ad- critic of President Jammeh, and press man of the Senate Finance Committee dress our own recent shortcomings by freedom advocate, Deyda Hydara, was and this Senator, the Senate majority unequivocally renouncing torture and shot and killed. His murder has yet to leader, who was not present at the by closing the detention facility in be solved or investigated. meeting, stated: ‘‘The only thing that Guantanamo—and we will continue to The government has also enacted Senator GRASSLEY wanted to discuss is work toward ending these shameful laws muzzling the press and imposing having all these extenders not paid legacies. mandatory prison sentences for media for.’’

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.086 S30JYPT1 jbell on PROD1PC69 with SENATE S7760 CONGRESSIONAL RECORD — SENATE July 30, 2008 I will make a statement of why this rect, Chairman BAUCUS and I discussed For the first time in this decade— statement is wrong. Specifically, I a number of issues other than offsets in that is, since 2001—the Finance Com- made three proposals to Chairman the media. One of these issues was my mittee members have not been allowed BAUCUS. In all three of the proposals, disaster tax relief package that is to exercise their rights in the com- we agreed to use three tax offsets sug- needed for the people of Iowa and the mittee markup with respect to these gested by Chairman BAUCUS and his Midwest because of the gigantic 500- issues, with one exception—the 2002 staff. year floods. stimulus bill. The first offset I agreed to accept is Three other issues we discussed were For the first time in this decade, the offset that closes the loophole that the three tax offsets I described above. Senate Members have not had the op- allows hedge fund managers to defer Some other issues that were discussed portunity to debate and amend extend- compensation in tax haven jurisdic- were provisions in the Democratic ers in a real Senate floor process. For tions. However, I mentioned we needed leadership’s extenders bill that we ob- the first time in this decade, Senators to remove the huge charitable loophole jected to, such as the provision regard- in the minority are being presented that is contained in both the Demo- ing the train from Manhattan to JFK with a top-down deal crafted between cratic House and Senate extenders bill. Airport that accounts for more than 20 the Democratic leadership of the House Closing this charitable loophole will percent of the revenue loss in the and Senate. raise about $1 billion in extra revenue Democratic leader’s disaster tax pack- For me, the irony of all of this is from hedge fund managers, according age. very compelling because I found myself to the nonpartisan Joint Committee on In addition, I offered to make all within the last 2 years, when Repub- Taxation. three of my proposals revenue neutral licans were in the majority, con- Let me make clear why that is a very by suggesting that we use the three off- demning Republicans for trying to get important adjustment. If you, the aver- sets mentioned above and also decrease around letting the Senate work its age taxpayer, want to give the max- the amount of new increases in spend- will. Almost 2 years ago today, we imum the law allows for a charitable ing that were approved in the budget faced an attempt to end run the nat- deduction, you can only allow 50 per- only 2 months ago. ural order of the committee and floor cent of your income to be used for that Let me be clear, we did not suggest process by the bicameral Republican purpose. But if you are under this pro- any spending cuts. We suggested our leadership of the House and Senate; vision, if you are a hedge fund manager colleagues on the other side of the aisle meaning when we were in the majority. consider decreasing the amount of new making contributions to a charity, you I referred to it at that time as wrong- unspecified nondefense discretionary can have 100 percent deduction. We headed. If it was wrongheaded when we spending. The nondefense discretionary think that is unfair to the middle-in- had a Republican majority and the spending that has been authorized in come taxpayer. Democratic majority is doing it, it is The second offset I reluctantly the budget is $350 billion greater than just as wrongheaded, as far as I am agreed to accept was a version of the the President’s fiscal year 2009 budget. concerned, because 2 years ago it was worldwide interest allocation offset. This extra $350 billion is like an extra doomed to fail. checkbook that Congress is carrying We are still waiting on the revenue es- I don’t know how many times I told around in addition to the already fat timate for this proposal. This was a the Republican leadership: It ain’t compromise on my part. That is what checkbook. This checkbook covers going to work. And right now we are it will take from the other side, as nondiscretionary spending and current faced with it when we have a new ma- well, to get an extenders bill done— levels of discretionary spending. We jority and that new majority is Demo- some sort of compromise. simply ask they take a few checks out cratic. Two years ago, it was envi- The third offset I agreed to accept is of the extra checkbook over the next 10 sioned as some sort of unicameral, not a permanent offset regarding basis re- years to help pay for part of the needed a bipartisan, bicameral tax-writing porting of securities brokers. tax relief provisions in the tax extend- These three offsets that I agreed to ers package. committee process. The unicameral accept could—depending on the revised However, this suggestion was sum- tax-writing committee process 2 years worldwide interest allocation pro- marily dismissed by Chairman BAUCUS. ago ignored the rights and the privi- posal—raise over $50 billion in revenues My colleagues on the other side of the leges of both political parties. I used as offsets. aisle are unwilling to even consider de- sharp words and directed them at my As I mentioned above, I made three creasing their increased—and I empha- side’s leadership of the House and Sen- proposals to chairman BAUCUS. I also size ‘‘their increased’’—nondefense dis- ate. offered to use all three offsets men- cretionary spending that is above the I am sure some on my side thought tioned above for each of the three sepa- President’s budget. my comments were over the top. I rate proposals that I made; therefore, In summary, the majority leader’s don’t care. I didn’t care then, at least. paying for much of the revenue loss statement at 2:42 this afternoon about Then-Health, Education, Labor and generated by the tax extender provi- my position on our negotiations is flat Pensions Chairman ENZI stood shoulder sions. out wrong, and I cannot be any clearer to shoulder with me in this process. My In two out of my last three proposals, than that. friends on the Democratic side criti- I proposed using those three offsets to Folks across the country must won- cized my leadership for the harm it was offset much of the revenue loss that re- der why the Senate cannot pass the doing to the rights of the Members of sults from extending these tax ex- popular expiring tax relief provisions. this body that is supposed to be the tender provisions. There is no disagreement between the greatest deliberative body in the entire So for the majority leader to say parties on the merits alone. Nearly all world of any parliamentary bodies. that ‘‘the only thing that Senator Members of this body and the other That is why I find today’s actions GRASSLEY wanted to discuss is having body support the alternative minimum bitterly ironic. I am sorry to say today all these extenders not paid for’’ is sim- tax fix and also the other parts we we find the Democratic leadership at- ply not accurate. And it is plain wrong. refer to as extenders; in other words, tempting to do much the same thing. The majority leader was not in the tax provisions that have sunsetted. Like the failed trifecta jam then, to- room, and he must have received a And, of course, because of the good of day’s jam will not work. false report from someone who actually these provisions, anybody who opposes Let me make clear, when I refer to was in the room. Chairman BAUCUS was it would be crazy. the ‘‘trifecta jam then,’’ I mean 2 years in the room. So he knows the majority The problem is the committee and ago when Republican leaders thought leader’s statement that the only thing floor process have been disregarded by they could stuff something down the Senator GRASSLEY wanted to discuss the Senate Democratic leadership. De- throats of Democrats in this body. It was having all of these extenders not bate, exchanges of ideas, up-or-down failed then, and that sort of jam is not paid for is untrue. I ask everybody to votes are the essence of how the Senate working when Democrats are in the ask Chairman BAUCUS. works. All of that Senate process is leadership position. To demonstrate in detail that the now bottled up. The Senate process is It is part of a larger problem with the majority leader’s statement is incor- quite truncated. Senate because we are not going

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.087 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7761 through the regular order at the com- seas. I disagree with that. It is far bet- Gas Price Reduction Act,’’ but it is not mittee and floor levels. Issues are ter that those businesses pay those going to reduce these gas prices which building up, tempers are flaring, and taxes than we cut back on medical re- are so high today. That is not my view, most importantly, nothing is getting search. I object. that is President Bush’s view. That is done and the people are mad about it. The PRESIDING OFFICER. Objec- the view of everybody in the world. The people back home are mad about tion is heard. That is our Republican friends’ view. it. The Senator from Iowa. They are saying, quite appropriately I reiterate what I said this morning. Mr. GRASSLEY. Madam President, I and correctly, that if you drill now, The fourth vote failed. That failed clo- wish to correct the Senator on a couple maybe in 10, 15, or 20 years, there will ture vote had the effect of Kaopectate. of respects, and he has exercised the be some impact on prices. Well, maybe It further constipated the Senate. This right I expected. First, we accept the there will be and maybe there won’t be, legislative body needs to function. Leg- provisions that were in the Baucus bill but there is no argument that in the islation needs to circulate through this for offsets. We did suggest a modifica- midst of a crisis today, what they are body in the usual form. We need real tion on the provision that the Senator proposing will have zero impact on our debate and real amendments. We need said we don’t want. He is wrong on that economy right now. a legislative laxative. point. We will accept it. There is a So whatever the merits or lack of Another alternative to resolution is slight modification in it that would merits—and I am not sympathetic to an informal bipartisan process. Either give an election. We go along with that drilling in environmentally sensitive way, repeated cloture partisan jams do provision, and I think I made that areas in the Outer Continental Shelf— not lead to an agreement that can pass clear in the remarks I proposed. what we should be clear about is that the House, the Senate, and be signed by The second place the Senator from Il- the Republican proposal will do zero to the President. And don’t forget about linois is wrong is we are not proposing address the crisis of high energy prices that because that is an important part the cutting of spending. We are pro- today. And again, that is not just my of the process. I think the White House posing the $350 billion increase that view. President Bush’s own Energy De- spoke out on some of the AMT and ex- their budget has suggested for addi- partment has said that increased drill- tender legislation we have been consid- tional spending be reduced by a very ing offshore would have ‘‘no significant ering. small percentage. impact’’ on gas prices until the year I have my pencil sharpened, a note Mr. DURBIN. Madam President, if 2030, and even then its impact would be pad out. I am ready to engage in our bi- the Senator from Iowa will yield. negligible. That is what President partisan process with my friend Chair- Mr. GRASSLEY. Yes. Bush’s own Energy Department is say- man BAUCUS. I am hopeful the Demo- Mr. DURBIN. Madam President, so ing. cratic leadership will relieve the con- any proposal to increase spending at So perhaps our Republican friends stipation on the tax extenders legisla- the National Institutes of Health for might want to change the title of their tion. The Finance Committee and Sen- medical research will be reduced by the bill from ‘‘The Gas Price Reduction ate need to function. proposal of the Senator from Iowa? Act’’ to the ‘‘No Significant Impact on On behalf of Leader MCCONNELL, I am Mr. GRASSLEY. If my colleague Gas Prices; Maybe By 2030 Act.’’ That going to propound a unanimous con- wants to figure that all the $350 billion would at least be a more accurate de- sent request about which I already in- is going to go to the National Insti- scription of what they are trying to do. formed the other side. The agreement, tutes of Health, he is right. But all $350 Maybe there will be some impact by if accepted by the majority, would set billion, obviously, is not going to go to the year 2030, but let’s not fool the in motion a process that would lead to the National Institutes of Health. American people. The American people resolution of these expired provisions. I yield the floor. are angry, they are frustrated about If accepted by the majority, we would The PRESIDING OFFICER. The Sen- what is going on today. And we could have real debate, real votes, and a reso- ator from Vermont. argue whether the Republican policy is lution that matters. COST OF ENERGY good or not good, but let’s not kid any- Madam President, I ask unanimous Mr. SANDERS. Madam President, I body, it is not going to have any im- consent that upon the conclusion of suspect if people are watching what is pact on gas and oil prices now. the energy speculation bill, the Senate going on here, they do not have any For those who think it is okay not to proceed en bloc to the consideration of clue or understanding of what is taking do anything or see any impact until the Baucus extender bill, S. 3335, and a place because, in fact, it is fairly in- 2030, I guess they could support what bill introduced by Senator GRASSLEY comprehensible. It is pretty hard to un- the Republicans are doing. But I know on the same subject of extenders; pro- derstand why bill after bill dealing what is going on in Vermont; that is, vided further, that there be 2 hours of with issues of enormous consequence workers can’t afford $4 a gallon for gas debate equally divided in the usual for millions of Americans is being fili- when they are driving 50 miles to work form to run concurrently on both bustered by the Republicans, which and 50 miles back, and they surely measures; and that following that means we have to get 60 votes to end can’t afford the price of oil that is com- time, the bills be read a third time, en the debate, votes which we obviously ing down the pike next winter. They do bloc, and the Senate proceed to vote on don’t have. From the beginning of the not want action in 20 years, they want passage of S. 3335, followed by a vote on session, there have been 91 filibusters, action now. And in my view, Madam passage of the Grassley bill. I further which is more than anyone has ever President, that is what we should be ask unanimous consent that if either seen in the Senate. doing. bill does not receive 60 votes in the af- The reason the Republicans are fili- With the exception of my Republican firmative, the bill be returned to the bustering today is because they want friends here in Congress, there are very calendar. to pass the so-called Gas Price Reduc- few people in this country who believe Mr. DURBIN. Madam President, re- tion Act. That is the title of their bill. the oil companies give one hoot about serving the right to object, what the But I would argue that the title of this the well-being of the American people. Senator from Iowa proposes is that we bill is a complete misnomer. The so- Our Republican friends are saying that pay for these tax extenders for energy called Gas Price Reduction Act will not if we just give these huge oil companies by reducing domestic discretionary lower gas prices today, which stand at more acres offshore to drill for oil, spending. To put that in layman’s about $4 a gallon. they will certainly do the right thing, terms, for the last 4 years, we have fro- All over this country, people are as they always have, for the American zen the increases of spending at the Na- deeply upset about having to pay these people. Let’s just trust those big oil tional Institutes of Health for medical outrageously high gas prices. They are companies because they are really research. Senator GRASSLEY would say, worried about what oil prices will be in staying up day after day, night after let’s continue freezing those increases the winter. They understand the im- night, worrying about the well-being of in spending for medical research so we pact of these oil prices on food and the American people. That is what don’t have to impose taxes on Amer- other aspects of our economy. And the their full-page ads in the New York ican businesses doing business over- Republican legislation is entitled ‘‘The Times and all their ads are telling us.

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.088 S30JYPT1 jbell on PROD1PC69 with SENATE S7762 CONGRESSIONAL RECORD — SENATE July 30, 2008 Well, it is good to see there are at least dental Petroleum dies in office, his right now. Not only do we need to im- some people in America who believe family will get $115 million. The family pose, in my view, a windfall profits tax that. I don’t, but apparently my Repub- of the CEO of Nabors Industries, anon these extremely powerful oil cor- lican colleagues do. other oil company, would receive $288 porations, but we have to address what Let me just mention to you, Madam million. So it is not only giving out I perceive is a growing understanding President, just how much concern the huge compensation packages; if the that Wall Street investment banks, oil companies have for the American CEO dies in office, the family gets a such as Goldman Sachs, Morgan Stan- consumer. While the American people huge package. Madam President, this ley, JPMorgan Chase, and hedge fund have been paying $4 and more for a gal- would be funny if it were not so pa- managers are driving up the price of oil lon of gas, ExxonMobil has made more thetic in the sense of the impact this in the unregulated energy futures mar- profits than any operation in the his- type of spending has on the American ket. In other words, they are specu- tory of the world over the past 2 con- people. lating on energy futures and driving up secutive years, making $40 billion last Not only are huge oil companies prices. year alone. Oil prices are soaring, and using their recordbreaking profits on There are estimates that 25 to 50 per- ExxonMobil is making recordbreaking big compensation benefits for their cent of the cost of a barrel of oil is at- profits. But ExxonMobil, of course, is CEOs, but they are also spending large tributable to unregulated speculation not alone. Chevron, ConocoPhillips, sums of money buying back their own on oil futures. I know the Presiding Of- Shell and B.P. have also been making stock. In other words, when they are ficer’s committee has had hearings on out like bandits. In fact, the five larg- making these very large profits, they this issue and other committees have est oil companies in this country have are not going out drilling for more oil, had hearings on this issue. We have made over $600 billion in profits since as our Republican friends are sug- heard from some leading energy econo- George W. Bush has been President. gesting. Overall, since 2005—3 years mists, and we have heard from people Yes, they are deeply concerned about ago—the five largest oil companies in the oil industry themselves who tell the high price of gas and oil. Yes, they have made $345 billion in profit and us that 25 to 50 percent of the cost of a really are. It is really upsetting to spent over $250 billion of that $345 bil- barrel of oil today is not due to supply them. Last year, the major oil compa- lion buying back stock and paying and demand or the cost of production nies in the United States made over larger dividends to their stockholders. but is due to manipulation of markets $155 billion in profits—in just 1 year. That is what they are doing with their and excessive speculation. In essence, Let me tell you, Madam President, money. They are not going out and Wall Street firms are making billions big oil companies are so concerned saying: Gee, how can we do more drill- as they artificially drive up oil prices about Americans paying high prices for ing? Gee, how can we lower the price of by buying, holding, and selling huge gas and oil that this is what they are oil? They are buying up stock and in- amounts of oil on dark unregulated doing with their profits. You see, our creasing the benefits to their share- Republican friends would suggest that markets. holders. Some of my Republican friends claim what the oil companies are trying to do Last year, ExxonMobil, the largest is explore new areas, do new drilling, that the increase in the price of oil has oil company in our country, spent 850 nothing to do with speculation, but it produce more oil, and lower prices. percent more buying back its own Well, I don’t think so, frankly. I will is interesting to me that we have had stock than it did on capital expendi- executives of major oil companies— tell you what they are doing with their tures in the United States. And that is huge profits. major oil companies—who have come a fact. In 2005, ExxonMobil gave its CEO, before Congress and who are saying, Let’s not kid ourselves. The big oil Lee Raymond, a $398 million retire- ‘‘Why is oil $125, $130, and $140 a bar- companies—and I know we are not sup- ment package—among the richest com- rel?’’ Do you know what they say? The posed to talk about this too much in pensation packages in corporate his- CEO of Royal Dutch Shell testified be- the Senate, but anyone who doesn’t be- tory. They weren’t going out looking fore Congress and said: lieve these oil companies have huge po- for new land to drill on, they weren’t The oil fundamentals are no problem. They litical influence over what goes on here building more refineries, and they are the same as they were when oil was sell- in Washington is surely kidding them- weren’t working on energy efficiency. ing for $60 a barrel. selves. Since 1998, the oil and gas in- They gave their CEO a $398 million re- This is not some radical economist. dustry has spent over $616 million on tirement package. It is not some leftwinger. This is a guy In 2006, another one of those oil com- lobbying. In a 10-year period, they have who is the head of Royal Dutch Shell. panies that is staying up nights wor- spent over $616 million in lobbying. The CEO of Marathon Oil recently rying about the American people, Occi- Now, what does that mean? It means said: they hire the best law firms in town, dental Petroleum, gave its CEO, Ray $100 oil isn’t justified by the physical de- Irani, over $400 million in total com- they hire former leading Republicans mand in the market. and Democrats—anybody can come in pensation—again, beyond comprehen- I know my Republican friends have a sion to ordinary people. and work with Members of Congress— to get their way. That is one of the rea- lot of respect for the oil industry, a In fact, there were articles recently great competence in them. They love in the press suggesting that one of the sons why, among many other reasons, this Congress, in recent years, has de- them and give them huge tax breaks. major problems ExxonMobil had is that So maybe they should listen to what they had so much cash in hand, they cided to give some $18 billion in tax breaks to oil companies despite their some of these guys are saying in terms literally did not know how to invest it of oil speculation. or how to get rid of it. That was their recordbreaking profits. Over $616 mil- Some people have suggested or im- major problem. lion in the last 10 years on lobbying, plied that those of us—including people The situation is so absurd and the and since 1990 they have made over $213 greed of the oil companies is so out- million in campaign contributions. And in the oil industry—who believe specu- rageous that these companies are not that is a simple fact. lation is driving up prices are into only giving their executives huge com- Lo and behold, what we are hearing some kind of conspiracy theory, that pensation packages in their lifetimes, today—just coincidentally, no doubt— we just want to demonize Wall Street but they have also created a situation, is that the most important thing we or big investment banks such as Gold- if you can believe it, where these oil can do in terms of the energy crisis is man Sachs and Morgan Stanley. Well, I companies have carved out huge cor- to provide more land offshore for the would like to briefly read an excerpt porate payments to the heirs of senior oil companies to drill at a time when from a research paper done by Goldman executives if they die in office. I guess they already have some 68 million Sachs US Economic Research dated this is what happens when you have acres of leased land, which they are not June 2, 2008. This is what they say, and more money than you know what to do drilling on today. I find this interesting: with. The American people want action, Lawmakers and regulators have begun to In other words, if, according to the and there are some things we can do— respond to these concerns— Wall Street Journal, the CEO of Occi- not in 15 or 20 years but that we can do Concerns about high oil prices—

VerDate Aug 31 2005 03:02 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.090 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7763 but we still think it is unlikely that there global warming and reducing green- renewable and alternative fuels, to the will be any significant legislative changes house gas emissions if we do that. Yet need to get more production of oil. enacted this year. In fact, it is entirely pos- we cannot even get the votes to do They get it. They understand the solu- sible that Congress will adjourn for the year that. tion to this problem is not just one without enacting any further legislation focused on commodity speculation. We can move forward in terms of a thing. windfall profits tax. We can move for- Another remarkable thing came And then this is the interesting thing ward in speculation. We can move for- across in their responses to me. They they say: ward in terms of energy efficiency. We are angry. They are angry that Con- However, the debate itself could break the can move forward in terms of encour- gress is not dealing with the issue be- rise in energy prices for a brief period until aging the growth of sustainable energy. cause they blame Congress that we are there is greater certainty regarding the leg- in this problem. I said before, some- islative and regulatory outcome. Those are the things that we can do now. I believe those are the things the times it is kind of a national pastime In other words, what Goldman Sachs American people want us to do. to blame Congress for whatever the is saying is that even the debate on I yield the floor. problem of the day is, but in this case speculation in the oil industry could The PRESIDING OFFICER (Mr. my constituents in Idaho and the rest have an impact on slowing down oil CASEY). The Senator from Idaho is rec- of the public in this country are right. prices, and it may well be that is the ognized. It is the responsibility of Congress to case. We have seen that in the last 2 Mr. CRAPO. Mr. President, I would have established a rational, com- weeks or so. like to speak tonight on the issue of prehensive, national energy policy for Let’s talk a little bit about recent energy as well. We are very fortunate this country that can help us to be history and speculation and market that the Senate is debating the issue of independent and strong in terms of our manipulation in terms of the energy energy. It is the No. 1 issue to the peo- energy. Congress has failed to do so. market. ple of this country. Frankly, I find my- America now needs to move forward. In 2000 and 2001, our friends at Enron self very concerned about where this America is too dependent on petroleum successfully manipulated the elec- debate is going. as our major source of energy. For that tricity market, and the results, of In early July, I asked my fellow Ida- petroleum, we are too dependent on course, were that in California and on hoans to contact me and tell me what foreign sources. America needs to treat the west coast electric rates went up the high prices of fuel mean in their our energy policy like we would treat by 300 percent. It is interesting to re- lives. In fact, I asked them not only to an investment portfolio. We need to di- member—and I remember this—what tell me what it meant in their lives but versify. We need to be as conservative Enron was saying at that time. They what they thought we ought to do in and as careful in the utilization of our were saying don’t blame us, it is a sup- this country—Congress as well as the energy as possible. We need to be as ef- ply and demand issue. rest of the country—what we ought to ficient as we possibly can in terms of I gather those Enron officials, who do about these high prices of fuel. the utilization of that energy. And we may be in jail today, are perhaps still The stories that came in were re- need to have broad and diverse re- saying that, but we know a little bit markable. Overnight I had 400 to 600 e- sources of energy. differently. mails, and we now have over 1,200 e- At the same time that we are doing We also know that BP artificially in- mails in our office from citizens of the that and diversifying—and I hope we creased prices on the propane gas mar- State of Idaho who are feeling the im- could diversify, we here in this Con- ket. They were fined for that over $300 pact of these high prices. It is not just gress, help to establish a broad diversi- million. We also know Amaranth, a a minor inconvenience in their lives. fied energy policy—while we are doing hedge fund, manipulated prices on the The stories they tell are poignant. that we can’t simply say that petro- natural gas market. In fact, in 2006, They are disturbing. leum is evil and we will no longer ever Amaranth cornered the natural gas One lady wrote in that at the end of try to utilize production of oil in this market by controlling 75 percent of all the month she and her husband just country. It will take us a significant the natural gas futures contracts in a had enough money left in their budget amount of time to transition to an single month. to either fill their gas tank or to buy economy that is less dependent and In other words, the idea of manipula- their food. They made a choice to fill less held hostage to petroleum. While tion and speculation and control of a their gas tank because they had to we are doing that, frankly, we need to market is not a new idea. We have seen have the fuel to get to work and keep recognize that we need more produc- three instances in the last 8 years, with their jobs. In her response she said she tion of oil in the United States. Enron, BP, and Amaranth doing just didn’t know exactly how they were So where are we today in the Senate? that. going to deal with the issue of food. We have before us a bill that does one Given that reality, why would we Others talked about the fact that thing: it addresses the futures market, think it is so shocking that is taking they were not able to pay for needed the speculation that the Senator from place right now in terms of oil? medicines. The pressure of fuel versus Vermont, who spoke before me, just Let me conclude by saying it is im- food versus medicine gets down to the talked about. It does nothing else. It perative that we move now in terms of basics in our society. This is not a seeks to find a solution to our national addressing the energy crisis. People all question of whether to call off a long- energy problems in one way; that is, to over this country are hurting. They planned vacation. It is not a question establish a very aggressive new regu- want us to act, and we must act. To my of whether we have to adjust to some latory regime for the futures market in mind, one of the things we have to do minor inconveniences. We have already our country. It does not do so in a very is to move this country aggressively done that in our society. This is an good way. I will talk about that in a forward in terms of energy efficiency issue of changing the quality of life in few minutes. In fact, it does so in a and in terms of sustainable energy. America that will probably not be able way that will actually harm our econ- Our Republican friends talk about to be fixed or reclaimed if we do not re- omy and harm our energy security. wanting to grow more energy, increase spond to it properly now. The point is, it does only one thing. energy supplies. Let me inform them As I said, I also asked my constitu- As it seeks to solve the problem, it the Sun does that, the wind does that, ents to tell me what they thought we tells the American people that we have geothermal does that, biomass does ought to do. The responses were re- a rifleshot solution, that we can simply that. It is incomprehensible to me that markable. I think the people of Idaho pass this law and we will then fix the time after time legislation has come have a tremendous amount of common problems with energy prices because before this body—including today— sense. I brag on them all the time. we will force those markets to have which will simply extend the tax cred- They have come through with all kinds better prices. The solution? A new Gov- its that have been given for sustainable of suggestions about how we ought to ernment system of regulation that energy, and we cannot even do that. deal with this problem, everything will, hopefully, control prices. Like I There are huge economic gains, not from the need to conserve more, to the say, it is not going to do that, and I to mention moving forward in terms of need to use wind and solar and other will talk about that in a minute.

VerDate Aug 31 2005 03:22 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.091 S30JYPT1 jbell on PROD1PC69 with SENATE S7764 CONGRESSIONAL RECORD — SENATE July 30, 2008 We are trying to debate this issue at that same time has not leveled out. tematically driven up prices, detailed and bring other issues forward, and we China and India in particular are in- daily position data should show the have been stopped so far. The process creasing their demand for fuel dramati- group’s position changes preceded the in the Senate is not working. Histori- cally. price changes. But the task force data cally, the Senate has been a place of The problem we face is, as the supply indicates the changes in futures mar- great debate where those with ideas curve levels out and as the demand kets participation by speculators have about how to solve pressing problems continues to grow, we see unbelievable not preceded the price changes. In fact, in our country can bring them forward pressures on the price of fuel. There are on the contrary, most speculation trad- and those who have different and com- those who will say that is not really ers typically alter their position fol- peting ideas can bring their ideas for- the way it is and really speculators in lowing a price change, suggesting that ward as amendments. And, as we move the market are driving up the price. It they are responding to the supply and forward, we would have votes on the is possible to impact a market in a way demand dynamics, just as one would floor of the Senate where the majority that is abusive, and we have organiza- see in an efficiently operating market. tions that help us on that. But let’s could prevail and we could craft legis- Furthermore, the President’s Work- look what has happened so far in the lation and craft policy for this Nation ing Group on Financial Markets has in the way that those who established speculation, the futures market, trading in NYMEX in the United States. also weighed in on this debate. They this great country—and those who live state: in this great country—thought it In the speculation in the derivative should be done. markets, in the futures market, every To date, the PWG has not found valid evidence to suggest that high crude oil prices But that is not how it is being done buy must be mirrored by a sell. The theory there has been this immense over the long term are a direct result of on this bill. We are being presented speculation or systematic market manipula- with a bill that we have now been on new pressure for speculation in the futures market creates the impression tion by traders. Rather, the prices appear to for, I think, 8 days. Yet we have had be reflecting tight global supplies and the that there have been all of these pur- zero votes on any alternative ideas be- growing world demand for oil, particularly in chases that have driven up the price. cause the majority will not allow emerging economies. As a result, Congress But as you see from this chart, every amendments to be brought forward in a should proceed cautiously before drastically time there was someone who thought fair and reasonable way. changing the regulation of energy markets. the price was going to go up, there was This chart shows what was done in someone who had to believe the price Other experts are saying the same previous debates in the Senate on the was not, who had to be the buyer or thing. In fact, the amount of experts energy issue. When the Energy Policy seller in that transaction. who are weighing in on this today from Act of 2005 was considered, we spent 10 When you have the long sells and the all perspectives is overwhelming, to days on the Senate floor. We had 19 short sells virtually mirroring each the point that there are very few now rollcall votes on amendments, 23 total other, it indicates there is a reasonably who are continuing this mantra that rollcall votes on the bill, there were 235 effective functioning market. somehow we can solve all of our prob- amendments that were proposed to It has been said on the floor of the lems by controlling the futures mar- that bill, and 57 of those amendments Senate that the experts say that specu- kets better. were agreed to either by vote or by lation is driving up the price of fuel by The International Energy Agency unanimous consent. At that time the 20 to 50 percent. states: average price of gas was just $2.26. The reality is the vast majority of There is little evidence that large invest- In 2007 when we debated the Energy experts are saying that simply is not Independence and Security Act, we ment flows into the futures markets are the case; that we can evaluate what is causing an imbalance between supply and de- spent 15 days on the Senate floor, 16 happening in the futures markets and mand. rollcall votes on amendments, and 22 determine whether there is being ma- They go on to state, and this is some- rollcall votes on the bill. There were nipulation. thing I think Americans need to hear: 331 total amendments proposed during And what is the determination that debate on that bill, 49 total amend- is being made? A recent report by our Blaming speculation is an easy solution ments agreed to in that debate, and the Government agencies, including the which avoids taking the necessary steps to Senate acted its will. Commodity Futures Trading Commis- improve supply-side access and investment Again, what are we doing today? For sion, the Federal Reserve, the Treasury or to implement measures to improve energy efficiency. 8 days we have been trying to bring Department, and Energy Department, amendments forward to present some found that speculative trades in oil Others are respected in market anal- alternative ideas, additional ideas contracts had little to no effect on the ysis. Warren Buffett recently said: about how we should deal with energy rising prices over the last 5 years. policy in our country, and we are told It is not speculation, it is supply and de- The Interagency Task Force on Com- mand. We do not have an excess capacity of no. We are told: We may allow you to modity Markets’ preliminary assess- oil in the world any more, and that is what have a few votes on a few selected ment is that current oil prices and the you are seeing in oil prices. amendments that we pick, but we will increase in oil prices between January Frankly, one of the more critical as- not allow a full, robust debate on 2003 and June 2008 are largely due to pects of this is that investors in these amendments. fundamental supply and demand fac- markets actually provide liquidity to We must get beyond the parameters tors. of this bill. It has been argued that the During the same time period, activ- our oil industry. Investors play a very speculation in the futures market is ity on the crude oils futures market, as valuable role in the futures market by controlling or is driving up the price of measured by the number of contracts transferring risks from commercial fuel. The fact is, that is simply not the outstanding, the trading activity and participants such as farmers and air- case. The problem is one of supply and the number of traders, has increased lines, and providing liquidity, reducing demand. significantly. The amount of trading in volatility, and contributing to the This chart shows what has happened these markets has increased signifi- price discovery process. to the supply of energy, of global crude cantly. But while these increases One example is Southwest Airlines. from 2000 to 2008. You can see, starting broadly coincided with the runup in Southwest Airlines provides a powerful in about 2004, primarily through deci- crude prices, the task force’s analysis example of how investors can help sions in the OPEC nations, the supply is that to this date there is no support companies mitigate their risk. It is of crude oil has leveled out. Because of for the proposition that speculative ac- called hedging, which is made possible a decision to curtail supply, those na- tivity has systematically driven by the participation of investors in tions that are engaging in producing changes in those oil prices. trading oil futures. That has saved the global crude are able to impact the In fact, according to the report, if a Southwest Airlines $3.5 billion since supply and demand curves. Yet demand group of market participants had sys- 1999.

VerDate Aug 31 2005 03:22 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.093 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7765 How does this work? Let’s take an umnist, the price of corn has increased no reason to pay attention to this example of an oil producer, somebody 70 percent from 2002 to 2007; copper has issue? No. It is possible. It is not easy, who wants to go out and invest some increased 300 percent during the same but it is possible for very concerted ef- money in a new oil rig or a new refin- time; steel, 117 percent. And interest- forts to be undertaken to manipulate ery, to engage in some production of ingly, steel is one of those that is not markets. some further resources, energy re- traded in the commodities market. That is why we have groups such as sources for the United States, and they Neither is iron ore, the cost of which the Commodity Futures Trading Com- want to get a loan for $5 billion. There has recently increased by 85 percent in mission that are basically our cops on is probably no source in the world that Chinese markets. the beat to make sure they pay atten- would loan them $5 billion to go out The point here is that supply and de- tion to what is happening in these mar- and engage in this new investment un- mand, not investors, is what is driving kets and stop efforts to manipulate be- less they were able to hedge that loan, up the prices in commodities. How else fore they occur. meaning they need to go into the fu- can you explain the fact that raw ma- So what should we do? What should tures market and sell the first 3 to 5 terials that are not traded on com- we be doing in the context of this piece years of production of this facility so modity exchanges are increasing at the of the equation with regard to our se- they can show the bank or the financ- same rapid pace? curities, our futures markets? We need ing institution that is going to loan Let’s look specifically at the crude to be strengthening the CFTC. The them the money that they have a oil issue in the next chart. Those who CFTC has not had a significant staffing source of capital or cash to repay the say it is the futures market which is increase level since—well, let’s put it loan. driving up the price of oil would tell this way. Their staffing levels at the If they are not able to go into a mar- you this market right here, the one in CFTC are at a 33-year low. ket and make that hedge, they will not red, for West Texas Intermediate, In one of the amendments we wish to be able to get that loan. They will then where the futures in oil are traded, is bring forward, we would provide the re- not make the investment and we will where some not normal increases are sources for the CFTC to hire 100 new not then see the production. And if being forced, where market speculation employees, enough staff so they can even more aggressively and effectively there are not those who are willing to is manipulating the price. monitor what is happening in these invest in that futures market, on the Yet if we look at other physical markets, and make sure there is no ef- other side of the transaction, those crude oil grades, the West Texas Sour, fort to cause a manipulation in any who are called speculators, then we do Light Louisiana Sweet, the Mars, the Dated Brent, and the Dubai, they have significant way. not have the liquidity in the market In addition, before this Senate, as we all gone up actually higher than the for that loan to be adequately hedged. speak, we have nominations for three It is very important for the risk man- West Texas Intermediate. members of the Commodities Futures agement in our economy that we do Now, I know this is getting down into Trading Commission who still languish the weeds a little bit, but the point not impact our futures markets in on our docket: Walt Lukken, Bart here is, every one of those other types ways that will disturb the proper func- Chilton, and Scott O’Malia. They of oil is a physical crude oil that is not tioning of a true market. should have been confirmed by this Congress has enacted various tax in- traded in futures markets. There are Senate to the CFTC months and centives for renewable energy which no speculators driving up these prices months ago, but they languish because also can be impacted negatively by or causing these prices to occur. These of partisan politics. They need to be prices are occurring at the spot where harmful regulation of the futures mar- moved forward promptly. If we are seri- those who produce the oil are selling it ket. In the same way as the example I ous about wanting to oversee these fu- gave with regard to those who might to those who use the oil. tures markets effectively, then we need One more indication that in market want to invest in an oil facility, if to put those in place who are tasked to after market after market, not just the there cannot be adequate hedging of in- do so, and to make sure they have the futures market, but in every market, vestments in wind and solar and other staff to be able to do so effectively. facilities such as that for which we the price of oil is going up. And again The CFTC has undertaken a number have enacted tax incentives to try to the reason is because supply and de- of steps recently to improve the over- move into renewable energy, then mand is out of balance. sight and transparency of energy fu- those investments as well without a fu- Let me give you another example. tures markets, and we need to give tures market will not be able to flour- Onions. In 1958 Congress had a similar them the resources to get the job done ish as they should. issue to the one we have today. They well. These kind of impacts, these kind of responded to a sharp increase in onion The underlying legislation is based dynamics that could occur in our econ- prices by passing legislation to ban all on the premise that we can simply omy from improper regulation of the futures trading in onions. And that reach our hand in, as the heavy hand of market are real. Again, some say: Well, law, by the way, is still law today. Government and change the price of you know, the oil companies or some- But there has been no stabilizing ef- oil. The reality is the opposite. one has been out there, speculators fect on the price of onions. In fact, the I said earlier we need a broad-based have been manipulating the futures price of onions soared 400 percent in approach. Yes, let us strengthen the market. late 2006 and 2007, only to drop by 96 CFTC, but let’s open the floor of this Commodity prices have shot up not percent thereafter, and then increase Senate, and let’s allow the Senate to just in oil but across the board. This another 300 percent a month later. debate other ideas. What are some of chart shows a number of commodities, The point is that wide volatile swings the other ideas we need to be pursuing? from wheat to corn, to steel, to iron in price occur in an unregulated mar- For one, we need an aggressive per- ore, nickel, zinc, copper, platinum, all ket or in a market where there is not spective on energy efficiency and con- the way along, including oil. This is a futures system where speculators can servation. With energy and gas prices the line for the WTI oil, that is the fu- invest and provide more stability. The spiraling upward, America can no tures market in oil right here. onion market is a perfect example. longer consume energy as we have in As you will see, there are many com- Many of the experts who are now the past. In fact, energy efficiency is modities that have risen in price over weighing in on the oil issue are stating often called the fifth fuel because every the past few years, from 2006 to 2008, that if we take the opportunity for gallon of gas not consumed and every even more so than oil. The point there speculation in the futures markets out kilowatt hour not utilized is the equiv- is, some of these commodities are regu- of the equation, then we can expect to alent of one produced. The numbers are lated or traded on futures markets and see wider fluctuations in the price of stark. If you look at the amount we some are not. The same dynamics of oil. have saved since 1973 through effi- supply and demand are hitting us in Now, is that to say there is nothing ciency and energy conservation efforts, other commodities as they are in oil. we should do in the Senate with regard it is the greatest source of energy we According to Robert Samuelson, an to futures markets or that there can have. It outstrips petroleum, coal, nat- economist and Washington Post col- never be any manipulation or there is ural gas, nuclear power, and all others.

VerDate Aug 31 2005 03:20 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.094 S30JYPT1 jbell on PROD1PC69 with SENATE S7766 CONGRESSIONAL RECORD — SENATE July 30, 2008 We still have tremendous potential for regulatory process challenges this the future. While we transition away, strides forward. The estimates we have whole system and extends just the per- we have to recognize that. But today, before us are that the United States mitting process so long that it makes based on Energy Information Adminis- can cost-effectively reduce energy con- it hard financially to make it pan out. tration estimates, the United States is sumption by an additional 25 to 30 per- Congress could fix that. We need to be expected to spend $570 billion on im- cent or more over the course of the as aggressive as we possibly can to ported foreign oil in 2008. next 20 to 25 years. That is a signifi- incentivize, strengthen, and expand our If you have been watching the T. cant fact. That should be a significant nuclear energy industry. Boone Pickens ads and the information part of our national energy policy. The Geothermal: An MIT study concluded that comes on those, the estimates are kinds of things we need to do there are it would be affordable to generate over even higher, as high as $700 billion. the kinds of things we need to be de- 100 gigawatts of geothermal electricity That is $500 to $700 billion that flows bating and voting on and incentivizing by 2050 in the United States alone for right out of the U.S. economy to other in the Senate. an investment of $1 billion in research nations. What does a transfer of that The Alliance to Save Energy esti- and development over 15 years. To give kind of wealth mean? Every year that mates that if the proper energy effi- perspective, that would replace 100 coal we send $500 to $700 billion outside the ciency measures across the industrial, plants. United States for other countries to residential generation and transpor- Wind: Idaho is ranked 13th in the Na- produce oil and sell it to us, we erode tation sectors were put into place, we tion for wind energy, and global wind our national security through loss of could save $312 billion a year. The sav- power currently stands at 94 gigawatts physical control over our own re- ings in the residential sector alone per year. China has a plan to equal sources. We certainly lose jobs. Imag- total $145 billion a year or $500 for that itself by the year 2020. ine the number of jobs we could have in every citizen over a 10-year period. An Biofuels and ethanol: I support this the United States if we were engaged in example: The new fluorescent light diverse energy portfolio, and biomass production of our own oil. We increase bulbs use one-fifth the electricity of a and biofuels, conventional and cel- foreign holdings of U.S. dollars that conventional light bulb and can save lulosic ethanol, as well as biodiesel, are are out of our control. We have in- $50 apiece over the lifespan of just one one part of the solution. As concerns creased foreign holdings of American light bulb. Other ways include greater about the rising price of corn mount, debt. We have a loss of domestic invest- appliance efficiency standards, smart the need for commercial cellulosic eth- ment in huge amounts. Overall, we grid technologies, as well as weather- anol production becomes more appar- have a weakened U.S. dollar. We are ization. Research and technology are ent. It is estimated that 1.3 billion dry sending our wealth overseas because we key to this. In fact, one of the things tons of biomass can be harvested annu- are too dependent on foreign sources of we can do in our transportation sector ally from U.S. forests and agricultural petroleum. to reduce our reliance on petroleum is land without negatively impacting Do we have the opportunity to to move to low-energy vehicles. Bat- food, feed or export demands. What change that? Can we do any different? tery research is well underway, and we that translates into is enough ethanol Or are we in a situation where the could move to plug-in hybrids or hy- to replace 30 percent of the current United States does not have access to drogen fuel cell vehicles relatively U.S. petroleum consumption. oil resources? The world is using more soon, if this Congress would get en- Hydropower produces 7 percent of the oil, but U.S. production has fallen to gaged and incentivize and strengthen U.S. electricity supply and almost 70 its lowest levels in 60 years. The IEA our commitment to that technology ef- percent in my part of the world. It also projects that global oil consumption is fort. accounts for 80 percent of the Nation’s going to grow by 37 percent in 2030; We already have implemented new total renewable electricity generation, whereas, annual oil production will CAFE standards, which was a proper making it the Nation’s leading renew- need to be 13.5 billion barrels higher and positive step forward. My point is able energy source. Hydropower tur- today to meet that increase in demand. this: One of the first things we need to bines are capable of converting 90 per- What kind of potential do we have in do in our rational comprehensive en- cent of the available energy into elec- the United States? Let’s go to the next ergy policy is to engage in conserva- tricity, which makes them more effi- chart. tion and efficiencies. It is our fifth cient than any other form of genera- There are a number of things we can source of fuel and one of our most sig- tion. do. The United States must be recog- nificant potential sources. The point is the United States can nized as one of the strongest and most We also need to move into renewable make great gains to, No. 1, become less energy-rich nations, when you think and alternative energy sources. We dependent on petroleum and, No. 2, to about oil in the world. There has been have listed a sampling of them here: generate much more energy supply, if a lot of debate about the Outer Conti- Hydropower, nuclear, biomass, solar, we will get aggressive about focusing nental Shelf. The projected OCS re- wind, geothermal, and tidal. Some of on renewable and alternative energy sources would equal almost 50 years of them are not at the stage where they sources. I have gone through a few in imports from OPEC. Think about that. can economically survive without sup- this sampling. Let’s go to the next chart. Our OCS is port or incentives. Frankly, as a gov- Having said all that, that we can do estimated to have over 100 billion bar- ernment, we need to be working in what we need to, to effectively monitor rels of oil. We yearly import a little every one of those areas to do the re- and control and manage our futures over 2 billion from OPEC nations. Sim- search, the technology, and to provide markets, that we need to focus on reply turning to the Outer Continental incentive support for us to move ag- newable and alternative energy Shelf instead of sending all the money gressively into those areas. sources, that we need to have an ag- we now send to OPEC nations, we could Let me give a couple examples of gressive efficiency and conservation ef- generate that oil ourselves simply on what we could do. Nuclear power is the fort, does that mean we can simply ig- the OCS in the United States. only reliable base load generation that nore the price of oil? The answer is no. We have Western shale oil resources. emits no carbon or other air pollut- Let’s go to the next chart. Even if we These are phenomenal. Proven Amer- ants. To supply our growing electrical were to agree today and the President ican oil shale resources could provide generation needs, the EIA estimates at were to sign into law all these new in- our country with 800 billion barrels of least 60 new nuclear plants are needed centives and the many things we could oil, which is more than three times the in the next 25 years to supplant new be doing in terms of conservation, re- reserves of Saudi Arabia. This chart fossil-fuel generation. But no new plant newable and alternative fuels and the shows some very interesting informa- has been built in the last 30 years. The like, it still would take several decades tion. Over here is the world’s proven oil main reason for this is the facilities to transition away from being a purely reserves. I think that is 1.7 trillion bar- are expensive to site and to build. They almost totally petroleum-based econ- rels of oil. This is the Saudi Arabia require enormous amounts of capital omy. During that transition time, we proven portion of that. This is the U.S. for design and construction before any still need oil. Oil is going to be key to proven oil shale reserve. Remember oil profits can be realized, and our current our energy future now and for years in shale is not considered to be the same

VerDate Aug 31 2005 03:20 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.096 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7767 as oil. So if we were to take the oil produced right now. Well, let’s take an- There are those who say: Well, that shale and then produce it into oil, what other look at what that means. That is because the big oil companies have could we start doing in comparison to assumes somebody is basically hoard- the Republicans in their pockets and as the oil available in the world? This is ing acreage on leased land. The success we heard today, there is plenty of oil what we know we have: U.S. proven oil rates for new onshore and offshore oil being produced. We just have to look at shale reserves, 800 billion barrels. But leases are not 100 percent; in other these acres, these leases that are not there are estimates that the 800 billion words, not every lease the United being used. Again, the reality is the barrels is low and that we actually States issues results in oil being pro- United States of America, since the have up to 2 trillion barrels of oil avail- duced commercially. The reason is 1970s, has said no, basically no to fur- able in our oil shale reserves. Yet we there is not oil underneath all the land. ther production, and that is why we see send dollars overseas to get our oil. The companies that have to make the us increasingly and more increasingly So we have the OCS and the oil shale investment to go out and explore for it dependent on foreign sources of oil. reserves. We have the Arctic National and then ultimately produce it don’t In conclusion, the United States Wildlife Refuge, and we have debated know for sure whether there is oil faces very serious threats to our future this in the Senate and House for years. under there when they purchase the way of life. Our national security and But projected resources in ANWR lease. So it takes about 10 years of our economic security are at risk. It is would equal over 17 years of our im- time from the purchase of the lease to appropriate that we be here debating in ports from OPEC. Again, another go through the exploration process, the Senate on this issue. What is not major source of oil that the United and then if there is oil found, the per- appropriate is that ideas about all of States can access. mitting process, and then they move these different kinds of production and The reason I am going through this is forward. to show that the United States does renewable and alternative energy Most of the obvious places have al- sources and conservation and effi- not have to be dependent on foreign na- ready been leased out. The new leases tions for our oil. We have other re- ciency measures are not allowed to be are generating onshore about 10 per- debated on this floor. Instead, we are sources. The U.S. onshore resources— cent success; offshore, 20 percent; and and that is not the Outer Continental told we are simply going to have a new then in the shallow offshore, 33 percent government regulation system and the Shelf but what we have right here on- success. The point being it is far too shore—are shown here at basically 35.5 government is going to have a little easy to simply say: Well, we have 68 more control of our markets and that billion barrels of oil. The yellow part million acres of leases out there; let’s NWR; the red is all the rest. Again, the is going to fix the problem of oil, and rely on those. Those leases are all in comparison there is to OPEC. Yet the that is going to make it so the price of the process of either being explored or United States has allowed itself to be- gas goes down. Well, it is not. I call on being returned because they are not come so dependent on OPEC that we our leadership in this Senate to simply being produced. transport $570 billion a year to other allow us to have a traditional, fair sys- Let’s look at the next chart. This tem of debate on the floor on the en- nations. They are not all OPEC na- chart shows what the status of these tions, but the vast majority of it goes ergy issue so we can debate all of these nonproducing leases is. For those who ideas. If some of them are bad, let them to OPEC nations. say let’s go out and get the 68 million Another source is coal to liquids. The be voted down, but let’s debate these acres of leases and use them, right United States has 496 billion tons of ideas and the many ideas that others of now, 50 percent of them are in the demonstrated coal reserves, which is my colleagues have about how we equivalent to almost 1 trillion barrels data-gathering process and they will should solve our energy crisis in this of oil, over 30 percent larger than the either be produced or returned, depend- country. I am confident if we will allow known Middle East reserves of crude ing on whether there is oil there that such a full and robust debate to occur, oil. In fact, the United States is often can be commercially found, but they a tremendous amount of good ideas called the Saudi Arabia of coal. But are in the process of being pursued. will come forward, and out of that de- that may actually be an understate- Twenty-five percent they have found bate will come a comprehensive, ra- ment, according to the American Coal oil on and they are drilling or they are tional national energy policy that will Foundation, because domestic coal re- preparing for drilling. In another 10 focus on a diversification on our ap- serves contain more energy than that percent, they have confirmed discovery proach to energy and will put the of all the world’s oil reserves combined. and they are under construction. In 15 United States on a sound, strong path- Again, the United States has a phe- percent, the initial analysis is com- way toward energy independence. nomenal resource here that we are not plete, and there is low commercial po- If we don’t do that and we refuse and taking advantage of. tential and they are likely to be re- shut down debate and allow only some These are groups that are starting to turned to the Federal Government. kind of a market regulatory solution now come forward—and this is, again, a That is the status of the ones that are to be put into place, we will find we sampling of the list—coming forward currently not producing. will have fouled up our markets, The point, though, is those who argue and saying the United States must get caused volatility in the price of oil. We we should rely totally on the current engaged in its own oil production. will not have done anything to gen- status of our lease effort are saying I know my time is running out, but erate one more drop of oil or one more let’s have no new production. Every- the response that has been made to kilowatt of electricity or one more en- thing they are talking about is either this is that: Well, we can’t get this oil ergy conservation effort that would re- in production or in exploration or in for another 10 years. In fact, some say duce the consumption of oil or elec- preparation for production, but what we can’t get it for another 20 years. tricity, and we will see gas prices con- they don’t tell you is that 85 percent of Well, depending on the source or the tinue to rise. specific location, whether it is the the Outer Continental Shelf off the It is incumbent upon us as Senators Outer Continental Shelf or the onshore lower 48 States is off limits to develop- to call for a full debate. If we do so, the sources or the oil shale, it will take 5, ment. There are no leases there. United States has the capacity, the re- 10, to 15 years to bring this resource Eighty-three percent of the onshore sources, the ingenuity, and the ability into production. My first answer to Federal lands are currently off limits to become energy independent and to those who say: Well, this will take 10 or facing restrictions to development. become strong in the context of our en- years to get on line is that is what you There are no leases there. ergy policy. said 10 years ago. In fact, it was what If you go back and think about the was said 15 years ago; it was what was potential we have in the offshore oil, in Thank you, Mr. President. said 20 years ago. We need to make the the oil shale, in ANWR, in our onshore Mr. President, I note the absence of a step now to begin making the United oil, and in the tremendous coal-to-liq- quorum. States less dependent on foreign uids potential we have, there is no rea- The PRESIDING OFFICER. The sources of oil. son the United States should not ag- clerk will call the roll. It is also said we have 68 million gressively seek to become energy inde- The assistant legislative clerk pro- acres of lease land that is not being pendent in the arena of oil. ceeded to call the roll.

VerDate Aug 31 2005 03:20 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.097 S30JYPT1 jbell on PROD1PC69 with SENATE S7768 CONGRESSIONAL RECORD — SENATE July 30, 2008 Mr. PRYOR. Mr. President, I ask ter,2 Cochran, Gregg, Craig, Hutchison, Ste- ‘‘I’m thankful I was there,’’ Scott said of unanimous consent that the order for vens, Shelby. (8–7) the war. ‘‘It was quite an experience.’’ the quorum call be rescinded. LEGISLATIVE BRANCH The veterans were given a medallion designed by retired Korean Maj. Gen. Seung- The PRESIDING OFFICER. Without Senators Landrieu,1 Durbin, Nelson, Alex- Woo Choi, who came to Louisville from ander,2 Allard. (3–2) objection, it is so ordered. South Korea to honor them. Choi was a child f MILITARY CONSTRUCTION AND VETERANS during the Korean War, but has made it a AFFAIRS, AND RELATED AGENCIES MORNING BUSINESS priority to offer his thanks to veterans of Senators Johnson,1 Inouye, Landrieu, the war that ensured South Korea’s freedom. Mr. PRYOR. Mr. President, I ask Byrd, Murray, Reed, Nelson, Hutchison,2 Since 2002, Choi has presented over 5,000 unanimous consent the Senate proceed Craig, Brownback, Allard, McConnell, Ben- medallions to veterans across the nation. to a period of morning business with nett. (7–6) People from various veterans’ organiza- Senators permitted to speak for up to STATE, FOREIGN OPERATIONS, AND RELATED tions spoke at the event, and the Kentucky 10 minutes each. PROGRAMS Korean Women’s Choir performed. ‘‘The sacrifice you made for the Korean The PRESIDING OFFICER. Without Senators Leahy,1 Inouye, Harkin, Mikul- people has not been forgotten . . . you saved objection, it is so ordered. ski, Durbin, Johnson, Landrieu, Reed, our freedom,’’ said Charles Park, a native of Gregg,2 McConnell, Specter, Bennett, Bond, f Korea who is with the Korea Foundation of Brownback, Alexander. (8–7) COMMITTEE ON APPROPRIATIONS Kentucky. TRANSPORTATION AND HOUSING AND URBAN SUBCOMMITTEE ASSIGNMENTS Marilyn Mullins, 67, the widow of Edward DEVELOPMENT, AND RELATED AGENCIES Mullins, said her husband would have loved Mr. BYRD. Mr. President, I ask unan- Senators Murray,1 Byrd, Mikulski, Kohl, to be there. He died in April 2007 of complica- imous consent that the attached list of Durbin, Dorgan, Leahy, Harkin, Feinstein, tions from diabetes. subcommittee assignments for the Johnson, Lautenberg, Bond,2 Shelby, Spec- ‘‘I wish he could have been here to accept Committee on Appropriations be print- ter, Bennett, Hutchison, Brownback, Ste- it himself,’’ Mullins said of receiving the me- ed in the RECORD, to supplant the list vens, Domenici, Alexander, Allard. (11–10) dallion. ‘‘He would have been glad to meet the general.’’ printed in the RECORD on November 2, 1 Subcommittee chairman. 2 Ranking minority member. She said the medallion is the only award 2007. her late husband has been presented. She There being no objection, the mate- f said he was supposed to receive the National rial was ordered to be printed in the TRIBUTE TO KENTUCKY’S KOREAN Defense Service Medal, the Korean Service RECORD, as follows: WAR VETERANS Medal and the United Nations Service Medal, SUBCOMMITTEES but they never reached him. Mr. MCCONNELL. Mr. President, I Senator Byrd as chairman of the Com- James Hall, 76, of Bowling Green, said he rise today to honor the service and sac- mittee, and Senator COCHRAN, as ranking mi- was glad to be with fellow Korean War vets. nority member of the Committee, are ex offi- rifice of the hundreds of Korean war Hall, who was 18 when he was deployed to cio members of all subcommittees of which veterans living in the Commonwealth Korea, was in the battle at Chosin Reservoir, they are not regular members. of Kentucky. This July 27 marked the which he called a ‘‘horrible place at a horrible time.’’ AGRICULTURE, RURAL DEVELOPMENT, FOOD AND 55th anniversary of the cease-fire that He said the severe cold with snow and DRUG ADMINISTRATION, AND RELATED AGENCIES ended that conflict. without heat and warm food was nearly un- 1 Senators Kohl, Harkin, Dorgan, Feinstein, After 3 years of battle which nearly bearable, but soldiers endured to ensure 2 Durbin, Johnson, Nelson, Reed, Bennett, forced American and South Korean South Korea’s freedom. Cochran, Specter, Bond, McConnell, Craig, troops from the peninsula, the deter- ‘‘I had tried to put a lot of things about Brownback. (8–7) mination and bravery of our service- Korea out of my mind, but it was wonderful COMMERCE, JUSTICE, SCIENCE, AND RELATED men prevailed. Our heroes in uniform to be with the veterans I served with,’’ Hall AGENCIES ensured that the people of South Korea said. ‘‘It reminded me of how important it Senators Mikulski,1 Inouye, Leahy, Kohl, would remain free. was for us to be there so South Korea could Harkin, Dorgan, Feinstein, Reed, Lauten- be free.’’ 2 Recently, nearly 300 Kentuckian Ko- berg, Shelby, Gregg, Stevens, Domenici, f McConnell, Hutchison, Brownback, Alex- rean war veterans were recognized for ander. (9–8) their service by retired Korean Major AMERICANS WITH DISABILITIES DEPARTMENT OF DEFENSE General Seung-Woo Choi. Major Gen- ACT RESTORATION ACT eral Choi was a child during the Korean Senators Inouye,1 Byrd, Leahy, Harkin, Mr. LEAHY. Mr. President, this past war, but he wanted to say thank you to Dorgan, Durbin, Feinstein, Mikulski, Kohl, weekend marked the 19th anniversary 2 the brave Americans who fought to Murray, Cochran, Stevens, Specter, Domen- of the passage of the Americans with ici, Bond, McConnell, Shelby, Gregg, protect his and his family’s freedom. Disabilities Act, ADA, one of the Na- Hutchison. (10–9) So he traveled from South Korea to my tion’s most critical and effective civil ENERGY AND WATER DEVELOPMENT hometown of Louisville, KY, to honor rights laws. It is fitting that as we cel- Senators Dorgan,1 Byrd, Murray, Fein- them. ebrate its passage, we reflect on the stein, Johnson, Landrieu, Inouye, Reed, Lau- I ask unanimous consent that the 2 progress we have made in expanding tenberg, Domenici, Cochran, McConnell, full newspaper article describing this possibilities for Americans with dis- Bennett, Craig, Bond, Hutchison, Allard. (9– ceremony be printed in the RECORD. I 8) abilities and the challenges that still know the entire U.S. Senate stands remain. FINANCIAL SERVICES AND GENERAL with me to recognize the tremendous GOVERNMENT We passed the ADA in recognition valor of our veterans, and to honor the Senators Durbin,1 Murray, Landrieu, Lau- that the bedrock principles of human sacrifice of those who did not return. tenberg, Nelson, Brownback,2 Bond, Shelby, dignity and equal opportunity require Allard. (5–4) There being no objection, the mate- all Americans to be judged on their in- DEPARTMENT OF HOMELAND SECURITY rial was ordered to be printed in the dividual merits and not on the preju- Senators Byrd,1 Inouye, Leahy, Mikulski, RECORD, as follows: dices of others. This law promised gen- Kohl, Murray, Landrieu, Lautenberg, Nelson, [From the Louisville Courier-Journal, July erations of Americans the opportunity Cochran,2 Gregg, Stevens, Specter, Domen- 25, 2008] to leave their mark on a country that ici, Shelby, Craig, Alexander. (9–8) KOREAN WAR VETS HONORED: S. KOREAN had only years before denied them full DEPARTMENT OF THE INTERIOR, ENVIRONMENT, GENERAL PRESENTS MEDALLIONS participation. I, like many of my col- AND RELATED AGENCIES (By J.D. Williams) leagues, supported this historic act. I 1 Senators Feinstein, Byrd, Leahy, Dorgan, Looking back, Joseph Scott said he is hoped it would serve as a vital tool Mikulski, Kohl, Johnson, Reed, Nelson, Al- thankful to be a veteran of the Korean War. 2 against the barriers that had long ex- lard, Craig, Stevens, Cochran, Domenici, In 1950, Scott joined his two brothers, Bennett, Gregg, Alexander. (9–8) cluded persons with disabilities from James and Talmadge, and enlisted in the fully participating in society. DEPARTMENTS OF LABOR, HEALTH AND HUMAN Army. SERVICES, AND EDUCATION, AND RELATED Yesterday, the 77-year-old and nearly 300 By any reasonable measure, the ADA AGENCIES other Korean War veterans from Kentucky has been a success. Today, persons with Senators Harkin,1 Inouye, Kohl, Murray, were honored at the Kentucky Exposition disabilities enjoy rights many of us Landrieu, Durbin, Reed, Lautenberg, Spec- Center for their service. have long taken for granted. Now they

VerDate Aug 31 2005 03:20 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.098 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7769 have access to public transportation may be controlled with medication. If passed by the Senate and signed into built to accommodate people in wheel- any of them suffer job discrimination, law by the President. chairs. They have the ability to stay in we must make sure they will have a f hotels, travel, and enter schools and remedy. THE WAR POWERS CONSULTATION places of entertainment equipped for Equally disturbing is that many of ACT OF 2009 their needs. Indeed, almost every office these cases can lead all Americans into building in America is fully accessible what Senator HARKIN has aptly de- Mr. WARNER. Mr. President, today I to them. Thus, the enactment of the scribed as a legal catch-22: recognize the members of the National ADA transformed our country and we People with serious health conditions [] War Powers Commission, particularly are a better Nation because of it. who are fortunate to find treatments that the cochairs and my dear friends— Despite these significant advances, make them more capable and independent former Secretaries of State James A. recent decisions from the Supreme and, thus, more able to work may find that Baker and Warren Christopher—for they are no longer protected by the ADA their distinguished and valuable work Court and lower courts attempt to .... On the other hand, if they stop their erode the ADA’s protections and medication or stop using an assistive device, in bringing forward this critical legis- threaten to turn back the clock on our they will be considered a person with a dis- lation to address this important issue progress. I am particularly disturbed ability under the ADA but they won’t be to our Nation. by rulings that have narrowed the ADA qualified for the job. Few would dispute that the most im- in ways we never intended. Rather than We must act to remedy these erro- portant, and perhaps the most fateful, broadly interpreting the ADA’s man- neous court decisions. Last month, the decisions our leaders make involve the date, as we intended, courts have re- House overwhelmingly passed the decision of whether to go to war. Yet peatedly interpreted that law to em- Americans with Disabilities Act Res- after more than 200 years of constitu- body a ‘‘strict and demanding’’ stand- toration Act. Now it is the Senate’s tional history, the extent of the powers ard for determining who qualifies as an turn to respond. This legislation would the respective branches of government individual with a disability. These nar- reverse these flawed decisions and re- possess in making such decisions is row rulings ensure that the persons we store the original congressional intent still heavily debated. intended to shield, including those of the ADA. First, the bill would clar- Let me first outline some points re- with severe illnesses, like epilepsy and ify Congress’s purpose to reinstate a garding the legislative history of the multiple sclerosis, are no longer pro- broad scope of protection for a range of War Powers Resolution. On November tected. As a consequence, millions of persons with disabilities under the 7, 1973, Congress passed the War Powers Americans who suffer discrimination ADA. Second, the legislation would Resolution over President Nixon’s are now excluded from ADA protection. modify findings in the ADA that have veto, by a vote of 284 to 135 in the A few years ago, a Federal judge in been used by courts to narrowly inter- House, and a vote of 75 to 18 in the Sen- Vermont’s neighboring State of New pret what constitutes a ‘‘disability.’’ ate. The legislation was passed pur- Hampshire ruled that a woman with Third, the bill would lower the burden portedly to restore a congressional role breast cancer was not sufficiently dis- of proving that one is ‘‘disabled in authorizing the use of force that was abled to be protected by the ADA. enough’’ to qualify for coverage. thought by many to have been lost in Court rulings contrary to Congress’s This long overdue legislation has the Cold War and Vietnam war. The intent for the ADA are not limited to ample support from both disability War Powers Resolution was intended to the New England States. Last year, a groups and business interests. I hope provide a mechanism for Congress and panel of judges on the U.S. Court of Ap- this bipartisan bill does not fall victim the President to participate in deci- peals for the Eleventh Circuit unani- to the petty partisan obstruction that sions to send members of the U.S. mously ruled that even mental retarda- has prevented passage of other civil Armed Forces into hostilities. tion did not constitute a sufficient dis- rights measures in this Congress that Less than 2 years after its passage by ability under the ADA. had broad bipartisan support, like the Congress in 1973, legislative proposals The message sent by these rulings is Lilly Ledbetter Fair Pay Act. While were introduced to amend the War as unfortunate as it is undeniable: the unprecedented obstruction tactics have Powers Resolution. The War Powers courts no longer consider certain per- led Senate Republicans to stall one bill Resolution continued to raise concerns sons ‘‘disabled enough’’ to be pro- after another on the Senate floor, it is among the executive and legislative tected. That means an employer could well past time for us to turn the page branches of government throughout fire or refuse to hire a qualified worker on partisan tactics designed to thwart the next decade as the Nation faced on the basis of his or her disability, critical civil rights bills. such situations as in El Salvador, Leb- and defend that action in court on the Indeed, our heritage of freedom and anon, and Libya. grounds that the worker was not ‘‘dis- our continued march towards per- Several legislative proposals were in- abled enough’’ to be protected under fecting our Union, should remind us all troduced in Congress to modify or re- law. that civil rights legislation holds a peal the War Powers Resolution. These In addition, the legislative history is unique place in this institution. These legislative proposals were referred to crystal clear. Congress intended the bills bring us closer to fulfilling the the appropriate committee on the ADA to protect all persons without re- promises engrained in our founding House or Senate side, but none were gard to mitigating circumstances. In- charters of establishing freedom and ever passed by Congress. deed, the Senate committee report on equality for all Americans. Thus, they The War Powers Resolution again be- the ADA expressly stated ‘‘[w]hether a should be held to a higher standard came an issue regarding activities in person has a disability should be as- than other bills. the Persian Gulf after an Iraqi aircraft sessed without regard to the avail- Time has shown the ADA to have fired a missile on the USS Stark on ability of mitigating measures, such as been one of our Nation’s most effective May 17, 1987, killing 37 sailors. Shortly reasonable accommodations or auxil- tools in combating discrimination. Its afterwards, the United States began to iary aids.’’ Despite this clear intent, continued effectiveness is important to reflag Kuwaiti oil tankers and provide courts have ruled that people with dis- ensure that the great progress we have a U.S. naval escort for Kuwaiti oil abilities who take medication or use made in widening the doors of oppor- tankers through the Persian Gulf. As assistive devices should not be consid- tunity for all Americans continues in military escalation also continued to ered disabled. the future. increase in the Persian Gulf region as a I am particularly concerned that We have before us a historic oppor- result of the Iran-Iraq War, the Con- these rulings will undermine the rights tunity to restore the ADA’s original in- gress became concerned that U.S. of thousands of veterans with disabil- tent and reclaim the basic rights it ex- forces could be committed to the re- ities who, upon returning from the war, tended to persons with disabilities. I gion without consultation between the will enter the civilian workforce to was proud to support the ADA in the executive and legislative branch. support their families. Many of these 101st Congress, and I am pleased to sup- Consequently, 20 years ago, on May veterans have disabilities, including port this year’s bill as it moves for- 19, 1988, I, along with two of our former post-traumatic stress syndrome, that ward. I hope this bill will be promptly colleagues—Senators Mitchell and

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.051 S30JYPT1 jbell on PROD1PC69 with SENATE S7770 CONGRESSIONAL RECORD — SENATE July 30, 2008 Nunn—joined Senator BYRD and intro- versity, and Stanford University served tion on matters of the use of force in duced the War Powers Resolution as partnering institutions. armed conflict. Amendments of 1988, known as S.J. On July 8, 2008, after more than 13 The decision to commit our country Res. 323. Senator Boren later joined as months of study, the Commission re- to war is by far one of the most critical well as a cosponsor of this legislation leased their report and recommenda- decisions that faces our Nation’s lead- in June 1988. I humbly state today that tions. I wanted to bring to the atten- ers. This proposal seeks a concrete and I was the only Republican cosponsor of tion of my colleagues the important pragmatic solution to a longstanding the legislation. This piece of legisla- work done by this distinguished Com- problem that is only getting more dif- tion, however, was referred to the Sen- mission to the War Powers Consulta- ficult in a time where our Nation will ate Foreign Relations Committee, tion Act of 2009. I strongly recommend continue to face unconventional where it remained. that those interested in this important threats and warfare. Subsequently, on January 25, 1989, I subject contact the University of Vir- I urge my colleagues to review this again joined Senator BYRD, but this ginia’s Miller Center of Public Affairs important material and work together, time along with five of our former col- and also review a copy of the Commis- with the next administration, to find a leagues—Senators Boren, Cohen, Dan- sion’s comprehensive report, titled solution to this ever-present debate be- forth, Mitchell, and Nunn—and intro- ‘‘National War Powers Commission Re- tween a President and the Congress duced the War Powers Resolution port,’’ which can be accessed at the over their respective constitutional Amendments of 1989, known as S. 2. Miller Center’s Web site, powers. Our former colleagues and I proposed www.millercenter.org. f legislation to modify the War Powers The exemplary work by the National IDAHOANS SPEAK OUT ON HIGH Resolution of 1973. War Powers Commission, concluded ENERGY PRICES These amendments were intended to: with the following recommendations: require the President to consult with the law purporting to govern the Na- Mr. CRAPO. Mr. President, in mid- six designated Members of Congress ‘‘in tion’s decision to engage in war—the June, I asked Idahoans to share with every instance in which consultation War Powers Resolution—has failed to me how high energy prices are affect- is’’ required under the War Powers Res- promote cooperation between the two ing their lives, and they responded by olution of 1973; require the President branches of government; the War Pow- the hundreds. The stories, numbering and the six designated Members of Con- ers Resolution of 1973 is ineffective at over 1,000, are heartbreaking and gress to ‘‘establish a schedule of reg- best and unconstitutional at worst; and touching. To respect their efforts, I am ular meetings’’ to ‘‘ensure adequate the War Powers Resolution of 1973 submitting every e-mail sent to me consultation on vital national security should be replaced by a new law that through energy_prices@crapo issues;’’ establish a ‘‘permanent con- would, except for emergencies, require .senate.gov to the CONGRESSIONAL sultative group’’ within Congress, the President and Congress to consult RECORD. This is not an issue that will which would be comprised of 18 Mem- before going to war. be easily resolved, but it is one that de- bers of Congress; and require the Presi- I would specifically like to draw my serves immediate and serious atten- dent to consult with the permanent colleagues attention to the Commis- tion, and Idahoans deserve to be heard. consultative group at the request of a sion’s legislative proposal, the War Their stories not only detail their majority of the 6 designated Members Powers Consultation Act of 2009. This struggles to meet everyday expenses, of Congress, unless the President deter- proposed legislation contains four key but also have suggestions and rec- mines that consultation needs to be components. These key components ommendations as to what Congress can limited for national security purposes. are: First, this legislation would re- do now to tackle this problem and find Unfortunately, neither of these pro- place the War Powers Resolution of solutions that last beyond today. I ask posed pieces of legislation were voted 1973. It would ensure that Congress has unanimous consent to have today’s let- on by the Senate. However, I subse- an opportunity to consult meaning- ters printed in the RECORD. quently cosponsored another similar fully and deliberately with the Presi- There being no objection, the mate- piece of legislation, the Peace Powers dent regarding significant armed con- rial was ordered to be printed in the Act of 1995, sponsored by our former flicts, and would ensure that Congress RECORD, as follows: distinguished majority leader, Senator has the opportunity to express its It is a most interesting subject [to] bring Bob Dole. Hearings were held on this views as part of a consultative process. up, the escalating prices of oil and the rea- piece of legislation by the Senate For- Second, this statute would create a son they are so high. I am tickled to hear process that will encourage the two co- that you believe in exercising our own re- eign Relations Committee, where it resources here in our own country. mained. equal branches of government to co- I have done a lot of research on this very For over 35 years, despite these and operate and consult in a way that is de- subject and just happen to know a lot of peo- similar legislative efforts, no modifica- liberate, practical, and true to the spir- ple that are directly associated with or are tions were made to the War Powers it of the Constitution. involved in the Alaska oil situation and the Resolution Act of 1973. Today, there Third, the act would establish a reason for the billions that we spent on the still remains no clear mechanism or re- ‘‘Joint Congressional Consultation pipeline to begin with. I also know that quirement for the President and Con- Committee’’ with a ‘‘permanent, bi- there is enough oil in Alaska to last us for partisan joint professional staff’’ with two hundred years . . . but Washington does gress to consult before committing the not seem to want to take that option. They Nation to war. access to all relevant intelligence and are more interested in foreign oil and the It is this Senator’s opinion that the national security information. foreign oil policy, even at the expense of our Nation benefits when the President and Fourth, and finally, the act would re- own country and fellow Americans. Congress consult frequently, delib- quire the President to consult with the Are you aware of how much natural gas erately, and meaningfully regarding Joint Congressional Consultation Com- they pump right back down into the ground matters of national security-and-that mittee ‘‘[b]efore ordering the deploy- using 747 Jet engines to do it with? If you are is exactly why I felt compelled to bring ment of United States armed forces not aware, you need to be aware of it and if into significant armed conflict’’—last- it does not madden you, then I can only to my colleagues attention the impor- question your way of thinking. Don’t take tant work recently completed by the ing longer than one week—and would my word for it, do the research. National War Powers Commission. mandate regular consultation there- If you are truly aware of what is really The National War Powers Commis- after. going on and you are truly in favor of exer- sion was formed in February 2007—by I have always believed that Congress cising our own resources, then I am behind the University of Virginia’s Miller Cen- has an important and central role in you one hundred percent. I am just not real ter of Public Affairs, which is directed the decision of the deployment of our sure how we are going to get the ugly poli- by Virginia’s former Governor Gerald men and women of the armed forces tics out of Washington D.C., and I am an optimist, but on this one, it forces me to be a L. Baliles—to examine the respective into harm’s way. Undoubtedly, the War pessimist. I believe it has gone too far and is war powers of the President and Con- Powers Consultation Act of 2009 would way out of control at this point. gress. The University of Virginia, the provide Congress and the President a I also know that we could be buying gaso- College of William and Mary, Rice Uni- well-defined mechanism for consulta- line for our vehicles for less than a $1.50 a

VerDate Aug 31 2005 05:29 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.052 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7771 gallon if we were using our own resources, (3) Long before the ‘‘energy crisis’’, I had and most hybrids can’t even come close to but again, Washington does not seem to care already switched to fluorescent light bulbs. that kind of gas mileage these days . . . but and it sickens me. It is clearly about greed Fortunately, I had my home built with 2 they cost 3 or 4 times as much as my Honda and money and greed breeds greed—just look attic fans, so that I do not have to use the did in 1987 . . . and the ‘‘technology’’ is so how well it is working for the greedy. It air conditioning during summer. Also, al- much greater today!!!!). So, I will continue makes me wonder why I ever served in Viet- most every room in my home has ceiling driving my 1994 truck that gets 19 mpg city, nam and why I lost 60,000 of my comrades, fans; so, I turn on the ceiling fan in the room because it is way too expensive to buy a new but [I feel resigned to accept what is hap- I am occupying instead of turning on the air vehicle (i.e., the cost to get a 30 mpg or 35 pening]. conditioning for my entire home. mpg vehicle will not pay for itself for 7 or 10 I have always been behind you and sup- During the cold months, I set my thermo- years). And you don’t need to know my ported you and will continue to do so and stat to 40 or 50 degrees, 40 during the day if truck’s mpg for highway driving, since I do only can hope that at least you will stay the outside temperature is above 30, and 50 not enjoy outdoor activities anymore, so it honest or at least believe that honesty is the when I am at home or if the outside tempera- doesn’t matter. best policy. ture is below 30. This keeps my pipes from (10) I have noticed more crime in Boise BOB, Boise. freezing, and it keeps my bills low. I wear within the last year. Why do you think that warm fleece underwear, and warm fleece is? Because energy costs (and food costs) I received an e-mail several days ago that outer garments to stay warm. In contrast, have risen too quickly . . . people can’t cope has ‘‘shaken me up’’ and started my mind my neighbor pays 5 or 6 times as much as I with the sudden increases. However, we are working. [We have enough gas] to keep all of do for their natural gas bills during the cold not adding more police or more jails to sup- America going for at lease 150, and probably months (but they are wealthy). port the increase in crime. I am glad that I 200 years, even accounting for increased pop- I have drained my hot tub, and I no longer do not live in a major metropolitan area, be- ulation growth and demand for energy. The use it. Now I wish I had never bought one. cause I think that if energy costs continue reason—the ‘‘bottom line’’—that keeps This hurts the hot tub industry, and any to climb, the country is at risk of rioting in President Bush and Congress from allowing businesses that support that industry. its metro areas. drilling oil within our borders is NOT envi- I canceled my satellite TV; that saves me ronmental issues, but paying off the national $50 per month, and that is good for about CRISIS RESOLUTION debt. [Allow me to summarize:] In the early two-thirds of a tank of gas. (1) Politicians need to stop pandering to oil 1970’s then Secretary of State Henry Kis- I do not have a cell phone, and I do not companies and oil executives by developing singer traveled to most of the oil producing plan on getting one, since it would cost $50 very stringent fuel economy requirements. countries in the world, agreeing to buy oil or more a month (which I can apply toward Politicians need to stop pandering to oil from them IF they would sign to use part of higher food costs). companies and oil executives by honestly the money they made on the sale to buy off (4) I combine trips and do not drive unless and diligently pursuing alternative forms of our national debt. I have to. No Sunday drives. No ‘‘unneces- energy. But can the politicians do this? After If we started producing our own oil re- sary’’ trips to the grocery store. I used to all, there is a lot of money involved with oil serves, the fear is that the U.S. economy travel about 10,000 miles per year; but for the in so many places, industries, pocketbooks, would collapse because the oil-producing last 2 years, I have limited my driving to and campaign contributions (legitimate and countries from which we buy oil would stop about 6,000 miles per year. otherwise). paying down our national debt when we (5) I exclusively shop at Wal-Mart. If Wal- (2) Drill for oil on USA soil and in USA wa- stopped buying oil from them. Well, here is Mart does not carry it, then I don’t buy it. ters. Why? Because we can not wean our- my solution: Why would I drive around town to shop other selves from oil instantly; and there are no Start using our own oil reserves which stores when I can buy most everything at viable automotive solutions today that do would reduce the cost of gasoline to about one place? That is great for Wal-Mart, but it not use oil. It is going to take several years $1.50/gallon. Charge us $2.50/gallon, sending hurts other businesses. to wean ourselves from oil. In the meantime, $1.00 per gallon to pay off the national debt. (6) I used to take one decent overseas vaca- we need to rely on our own oil sources to bal- Who would not be delighted to pay just tion each year (or go to Hawaii or Florida). ance our foreign oil dependency. This means $2.50/gallon again? Who would object to pay- However, I stopped doing that after 2005. And drilling in ‘‘pristine’’ Alaska, along both of ing a ‘‘tax’’ of $1.00/gallon to pay off the na- since the cost of airline tickets are increas- our coasts, and in other areas of our country tional debt when we would realize a savings ing, I won’t even consider traveling. I need where ‘‘environmentalists’’ say we should over today’s oil prices? to save my money to buy gas and food. And not drill. Please do not just trash this. Please give it when I see the price of oil rise $10 or more in (3) Pursue fuel cell technology for vehicles some careful attention, and share the con- one day, then I do not think about doing (Honda is doing it, finally). Forget ethanol. cept with others. It is time for a change. It anything but save money for ‘‘the worst case Forget hybrids. Fuel cell vehicles require hy- is time to start thinking about saving our scenario.’’ drogen and oxygen and emit water! No gaso- country for our country, and stop being held (7) I have changed my diet. I purchase less line involved at all. And no cash crops like hostage by the International Monetary Fund or no meats and more pasta and rice. I buy corn are required, which should help ease the and the World Bank. Thank you for ‘‘listen- graham crackers instead of Oreos, or I make price of this and other commodities. ing’’ and implementing some changes. my own cookies. I buy less snack foods. The (4) Use more nuclear energy. This tech- LOIS, Caldwell. energy costs have driven up food costs. I nology currently exists, and it is viable. We have found ways to keep my food prices low do not have to start from scratch. This is in response to your email asking by adjusting my diet, but this hurts other (5) Take lessons from New Zealand with re- for my story about the impact that high gas businesses. Oh, and I am not one of those gards to hydro-electricity and other forms of and energy prices are having on my life. You obese Americans; I’m 5′9″ and 160 pounds . . . energy. That country is extremely self-suffi- said I could write a paragraph or two about right where I need to be. I do not understand cient when it comes to energy. how I am affected by high energy prices, and how obese Americans and their children can that it would be worthwhile for me to share afford to feed their addiction to foods. (6) Use more wind power. This technology the priorities that I think Congress should (8) I had hoped to quit my full-time job and currently exists, and it is viable. Are some set in resolving this crisis. work part-time instead (in lieu of traditional (rich) people worried about the view of the CRISIS ‘‘retirement’’). However, because of the dras- landscape changing? Then stop painting the wind turbines all white! Paint them to blend (1) I no longer go backpacking, hiking, tic increase in prices of energy and food, and into the background, or camouflage style! camping, or canoeing. Instead, I float the because of the uncertainty and volatility in Boise River on a tube, because it is close to the global markets, I have postponed quit- (7) Pursue solar power. It is amazing that home. I used to buy equipment and services ting my full-time job. That means that a col- this technology is so far behind. The sun is that supported those hobbies, but now I do lege graduate cannot have my good paying so powerful, and so available. Regular home- not. So, those businesses that I used to pa- full-time job. And it means that I can not owners can not afford solar panels on their tronize are impacted negatively, because I enjoy the extra free time that a part-time homes. Look at all the wasted roof space on stay in town. Who also suffers? The busi- job would give me. buildings and homes! nesses near the towns where I traveled, and (9) I drive a 1994 pick-up truck. I would like (8) Give incentives for conservation. Why is the businesses on the highway that lead to to buy a new vehicle, but I can not. Why? Be- this last on my list? Because I think most those areas. cause I need something that gets very good people do conserve energy already . . . ex- If more people are doing this, what is the gas mileage and has a reasonable price tag, cept maybe the ‘‘celebrities’’ like Al Gore impact to our environment? More people will and there are no cars on the road that meet and many other rich folks who tout the envi- not recognize the beauty of God’s creation, these criteria, even the so-called hybrids ronment and conservation, but live in the which means they will be less likely to sup- (which can not pay for themselves even at $5 lap of luxury and waste. port bills that protect the environment. or $6 a gallon because of the increased cost of KRISTIAN, Boise. (2) I no longer explore small Idaho towns hybrid technology). Back in 1994, it was a and ghost towns. Who suffers? The business mistake to trade-in my 1987 Honda Civic that I really do not think the gasoline price is in those towns, and the businesses on the got 40 mpg in the city and 50 mpg on the really a result of supply and demand. I am highways that lead to those towns. highway (and it wasn’t even a hybrid . . . all for conservation and alternative energy

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.025 S30JYPT1 jbell on PROD1PC69 with SENATE S7772 CONGRESSIONAL RECORD — SENATE July 30, 2008 plans and research with diverse sources. I am fixed income, going to heat their homes this Rosary Mission, they strove to teach not opposed to nuclear. I just do not like the winter? This is going to hurt Idaho busi- and maintain Oglala and western feeling of being manipulated. Just yesterday nesses because any extra money is either knowledge for the youth of Pine Ridge the spokesperson for Saudi Arabia expressed spent on food or utilities. Indian Reservation and its surrounding concern about the price of oil. They can see Nobody believes the government figures on the writing on the wall if it stays like this. inflation (which are out-and-out lies) or the areas. In 1969 the school changed its They increased supply while insisting that it figures on unemployment. We are getting name to Red Cloud Indian School out is not a supply issue. tired of the government lying to us and of respect and appreciation for the Other sources that are much more progres- thinking we are too stupid to figure it out. great Chief Red Cloud who petitioned sive have pointed out that legislation passed There is nobody to for vote for or against in the government to allow the establish- late in 2000 deregulated the energy futures. either the Democrat or Republican Presi- ment of the school. Today nearly 600 It was suggested on NPR today that Con- dential race. I am . . . tired of wasting my students are enrolled in classes span- gress could reverse that decision and change vote on the lesser of 2 evils . . . ning every grade from kindergarten the price of energy in one month. You can MR. AND MRS. GEORGE. tell I would sit on the other side of the aisle through twelfth. The school is private if I was in Congress but with [the President] f and 97 percent of its funds come from making such a fuss about supply and demand ADDITIONAL STATEMENTS private donors, as students are re- I doubt we are going to see any bold action quired to pay only a minimal fee to at- from Congress. tend. Classes include a wide range of I have pulled the points for the following subjects, such as math, science, his- paragraph from ‘‘Mother Jones’’ July–Au- TRIBUTE TO THE SILVER STAR gust 2008. You may not like the source but FAMILIES OF AMERICA tory, ethics, and Lakota culture. Com- let us discuss the facts. I am referring to an ∑ Mr. ISAKSON. Mr. President, today I bining this wide range of education helps retain the Lakota heritage while omnibus spending bill passed on or about De- honor in the RECORD of the Senate the cember 15, 2000. Yes, President Clinton was Silver Star Families of America, upon preparing students to enter the larger still in office then. Senator Phil Gramm society. slipped in a 262-page measure called the the completion of $1 million in donated Commodity Futures Modernization Act. It volunteer hours and materials to re- Red Cloud Indian School has made contained a provision lobbied for by Enron member and honor the wounded and ill postsecondary education a priority and that exempted energy trading from regu- of our armed forces. has done an exceptional job educating latory oversight. This is primarily about The Silver Star Families of America and preparing its students for the California electricity and the mortgage secu- was founded on April 11, 2005, and re- world. Seeking 100 percent college ma- rities fiasco but I am sure that this regula- ceived 501(c)3 status on December 5, triculation, the high school proudly tion or other similar has allowed the current 2005. The Silver Star Flag and Banner touts that, in 2004, 94 percent of its run up in energy futures. This could be regu- graduating class pursued post-sec- lated. The regulations put in place after the are symbols of remembrance and honor Great Depression were sound and it has been for the wounded soldiers and their fam- ondary education, the highest rate of a disaster to undo many of them. ilies as well as anyone wishing to any Indian school in the country. Personally, the high energy prices have honor those wounded during combat Since 1999, 32 Red Cloud students had little impact on me. I am, at least for while honorably serving in the U.S. have received the Gates Millennium now, still an overpaid engineer at Micron. I Armed Forces. The goal of the Silver have purchased another old Saturn and my Scholarship. The Gates Millennium Star Families of America is to recog- Scholarship Program was originally wife is driving that more and driving the nize the blood sacrifice of our wounded Bonneville less. GM is saying how much it funded through a $1 billion grant from would take to raise the CAFE standards, but and remember their efforts by honoring the Bill & Melinda Gates Foundation in many of us have increased the mileage of our them with the Silver Star Banner. The 1999. The program has two main goals: cars by 20 percent for about $200 and we have Silver Star Families of America also to encourage academic success and to not disabled emission systems or lied to the advocates for the wounded and assists provide absolute financial support to engine computer. My car has averaged 55 in educating their families and the excellent minority students who have mpg for the last year and will do about 50 public concerning their plight. financial constraints that could other- mpg at 65 mph. I have had the pleasure of meeting The changes are primarily aerodynamics wise inhibit their ability to attend col- and a little hotter air fed into the engine. and working with the Georgia rep- lege. To date, over 12,000 people have Some have bypassed emission systems but resentative of Silver Star Families of been awarded the Gates Millennium many have not. America, Trish Benefield of Rome, GA, Scholarship. That is not much of a story but I hope it on a number of occasions while she or- gets you to thinking about some of these in ganized State and local events and hos- The recent Gates Scholarship recipi- a new light. pital visits to honor the men and ents of Red Cloud Indian School are as Thanks. women of our Armed Forces and their follows: ERNIE, Meridian. families who have sacrificed so much 1999—Candace Brings Plenty; Because of the gas prices we hardly go any- on behalf of our Nation’s freedom. 2001—Sarah Yellow Boy and Lawrence where other than work and the store. Most of Ms. Benefield, chief Steven J. New- Vigil; this energy crisis has been brought about by ton, founder of Silver Star Families, 2003—Donnel Ecoffey; the speculators—these are the same people national president Janie Orman, and who brought on the sub-prime mess. They volunteers across the country have do- 2004—Carmen Fourd, John Cross Dog, and have to be stopped because they are ruining nated 47,912 hours valued by the Vet- Marie Zephier; our economy. The cost of oil has nothing to 2005—Jason Clifford, Blue Dawn Little, do with its availability; it is pure specula- erans Administration at $934,763. They Shayna Richards, and Sarah White; tion on the part of commodity traders. If have also donated over $40,000 in Silver these scavengers are not reigned in, the Star Banner distribution and $30,000 in 2006—Rianna Albers, Jordan Herman, world economy is in for a depression. As soon direct aid for items such as services to Larissa Little Moon, Dallas Nelson, Marissa as the energy bubble bursts, they will move homeless and near-homeless veterans, O’Bryan, and Brandi Shortman; to a new bubble which is food and, because of care packages, and support of hospital- 2007—Monique Claymore, Sammi Herman, them, millions will starve. One of the other ized veterans and other programs. This Samantha Janis, Tanner O’Daniel, Matthew driving forces behind oil prices is the Federal achievement is a noteworthy one, and I Shoulders, Kaylynn Two Bulls, and Allison Reserve (which is neither federal or reserve) Weston; and lowering interest rates and devaluing the am proud to recognize this accomplish- dollar. The banks are out for only them- ment today.∑ 2008—David Anaya, Dylan Fills Pipe, Sea- son Frank, Danielle Hudspeth, Chante selves and they do not care what happens to f the rest of us. The Federal Reserve needs to Knight, Stevie Tobacco, Vern White But- be done away with—because of the Fed’s RECOGNIZING THE RED CLOUD terfly Jr., and Audrey White. printing and Congress’s spending habits, we INDIAN SCHOOL Congratulations to the Red Cloud In- are in big trouble. ∑ We can barely afford the price of gas to go Mr. JOHNSON. Mr. President, the dian School staff, students, and fami- to and from work so vacations are out this Red Cloud Indian School is worthy of lies. Their sustained success is very ad- year and so are a lot of other things. [How] much acclaim. Founded by Franciscan mirable and is worthy of the highest are people, especially senior citizens on a Sisters and Jesuits in 1888 as the Holy praise! ∑

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.028 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7773 CHEYENNE RIVER YOUTH 1972 and became an Army aviator. Gen- TRIBUTE TO P.E. MACALLISTER PROJECT eral Cody has long been widely re- ∑ Mr. LUGAR. Mr. President, I am ∑ Mr. JOHNSON. Mr. President, I wish garded as the Army’s premier attack pleased to have the opportunity today to speak today to recognize the Chey- helicopter warrior and pilot with over to recognize the important leadership enne River Youth Project in Eagle 5,000 flying hours. of a remarkable Hoosier businessman, Butte, SD. This year, the Cheyenne For more than 20 of his 36 years as a community leader, and treasured River Youth Project is celebrating its soldier General Cody has been en- friend of 41 years, Mr. P.E. MacAllister. 20th anniversary. From its beginnings trusted with the command of troops in On August 30, 2008, P.E. will celebrate in 1988, it has sought to assist the well known combat units including the the signal occasion of his 90th birth- Lakota youth and families on the 160th Special Operations Aviation day. This birthday is a special event Cheyenne River Indian Reservation by Regiment and several assignments for his many friends throughout the providing them with a nurturing envi- with the 101st Airborne Division . Most Midwest and especially for Hoosiers in ronment and a sense of hope about notably, in 1991 then-Lieutenant Colo- central Indiana where P.E. has en- their future. I am so proud of this nel Cody personally led the Apache at- riched countless lives through his im- project and the positive impact that it tack helicopters of Task Force Nor- portant service to the Indianapolis has had on those youth. mandy, the joint aviation task force community. P.E. was raised in Wisconsin and Over the years, hundreds of volun- that fired the opening salvoes of the graduated from Carroll College in 1940. teers from around the world have gulf war, that destroyed Iraqi air de- He then spent 5 years in the Air Force crossed the threshold at the Cheyenne fense sites and, as GEN H. Norman Schwarzkopf recounted, ‘‘plucked out as a captain and 27 months overseas in River Youth Project and offered their the 1st Fighter Group. time and their hearts to influence the the eyes’’ of Sadaam Hussein’s air de- fenses. Joining the family business of lives of the Lakota youth. The project MacAllister Machinery Company in In- serves youth from as young as 4 years Over the last 6 years, as one of the dianapolis after his service abroad, old to young adults of 18 years old. As most senior leaders of the Army, Gen- P.E. has been chairman of the board we all know, these are critical years in eral Cody has dedicated himself to en- since 1952. His awards in the business development of young men and women. suring that American soldiers are the industry are many and well-deserved. Combined with traditional customs and best-trained, best-equipped and best- In addition to these accomplishments, contemporary programs, the CRYP is a led force ready for the complex chal- P.E. has served on boards in the arts, success story for other fledgling grass- lenges of the global war on terror. As a health, recreation, philanthropic, and roots youth programs. result, in part of his determined leader- municipality arenas. His love of opera, I am so proud to have helped guide ship and uncompromising support, sol- to cite one example of his activism, en- Federal resources to help with the con- diers deployed in Afghanistan, Iraq and gendered the largest nonrestricted struction and programming for the around the world have met those chal- vocal competition for opera singers in project. Julie Garreau, who has served lenges. the Nation. This competition—The as the executive director of the General Cody’s insight and leadership MacAllister Awards—ran for 22 years. projects, has been a tireless advocate has also been a force behind the Army’s When I was elected mayor of Indian- and deserves high praise for the love, transformation, which has set the apolis in 1967, P.E. was among my ear- hard work, and dedication she has Army on a path to provide the Nation liest and strongest supporters whose shown for her community. I would also with an Army that is more lethal, generous and wise counsel was most like to thank Olympic Gold Medal win- agile, deployable, and flexible; capable appreciated. My election occurred just ner Billy Mills and his organization, of fighting and winning this Nation’s months before the death of Martin Lu- Running Strong for American Indian wars in the 21st century. ther King, Jr. and the extraordinary Youth, for his work in his home State General Cody has been an example to convulsions which troubled most and across the Nation to help Native soldiers throughout his great career; American cities at that time. P.E. pro- youth. His dedication to the Cheyenne an example shared by his proud Army vided exemplary leadership during this River Youth is particularly evident in family as well. His wife Vicki will for- challenging time by recruiting business his efforts to assist the Cheyenne River ever be a strong voice and tireless leaders to aid in the creation of out- Youth Project. worker for soldiers and their families. reach programs for our city’s youth. On more than one occasion, I have Their brave sons Tyler and Clint, also I recall one particular initiative in had the opportunity to visit the Chey- Army officers and attack helicopter which the city was availing itself of enne River Youth Project, at its facili- aviators with six combat tours between Federal resources through the Special ties in Eagle Butte, at ‘‘The Main’’ and them, have answered the same call to Employment Program and the Special the new Cokata Wiconi Teen Center. I duty and continue to serve the Nation. Program for Disadvantaged Youth in order to employ idle youth in a public couldn’t be prouder of the accomplish- General Cody is an American hero, works project that turned unused land ments of its staff and its many volun- unflinching in war and tireless in into gardens. P.E., in recognizing the teers of the past two decades! Con- peace. President John F. Kennedy once value in such a project, generously pro- gratulations and best wishes for many said, ‘‘When at some future date the vided the heavy equipment that al- more years of service in the future!∑ high court of history sits in judgment lowed for the planting of trees, the f of each one of us-recording whether in moving of soil, and the beautification our brief span of service we fulfilled of Indianapolis. TRIBUTE TO GENERAL RICHARD A. our responsibilities, we will be meas- CODY Further, in 1971, P.E. successfully ured by our answers to 4 questions- served as the executive director of the ∑ Mr. LEVIN. Mr. President, I com- were we truly men of courage were we Conference on Cities held in Indianap- mend GEN Richard A. Cody, Vice Chief truly men of judgment were we truly olis. This was an international sympo- of Staff of the U.S. Army, for his out- men of integrity were we truly men of sium on urban problems in collabora- standing service and commitment to dedication?’’ I believe that when his- tion with the North Atlantic Treaty excellence throughout his 36 years of tory judges the service of General Organization. Since our early work, I distinguished military service to our Cody, the Army’s 31st Vice Chief of have found his insights on world events Nation. General Cody will retire in Au- Staff, it will be clear that this was to be profound, continually aided by gust 2008 with the gratitude and well truly a man of courage, judgment, in- his travels and comprehensive reading. wishes of the Nation and particularly tegrity, and dedication. I celebrate P.E.’s achievements, of the soldiers and families to whom he The Nation is honored and grateful friendship, and tireless dedication to has devoted his life. to have had the service of GEN Richard engaging in constructive acts that al- General Cody is originally from Cody and his family. As he and his wife ways lead to great discussion and de- Montpelier, VT, and began his service start this next chapter of their lives, bate on complex issues. I wish P.E. as a cadet at the U.S. Military Acad- we wish them all the best for a day of MacAllister a very Happy 90th birth- emy. He graduated from West Point in rest well deserved and earned.∑ day.∑

VerDate Aug 31 2005 03:20 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.031 S30JYPT1 jbell on PROD1PC69 with SENATE S7774 CONGRESSIONAL RECORD — SENATE July 30, 2008 VERMONT’S CHAMPLAIN HOUSING sands of low and moderate income fam- But what will catch the visitor’s eye TRUST ilies have been able to experience most, aside from the fast and friendly ∑ Mr. SANDERS. Mr. President, It is homeownership, while the trust has service, is its signature bright neon red with great pleasure that I inform you, made great strides both toward revital- hotdog. Simones’ famed hotdogs are my colleagues, and the Nation that izing Burlington’s historical Old North truly unique, with a complement of red Vermont’s Champlain Housing Trust End neighborhood and expanding to food coloring in their casings. Many was selected as one of two recipients of three different counties in north- customers prefer the traditional pres- the 2008 World Habitat Award, an honor western Vermont. entation of a steamed hotdog in a presented annually by the United Na- The Champlain Housing Trust is a steamed bun topped with mustard, tions. model of democracy at the grassroots, ketchup, or relish. For those of dif- Each year on World Habitat Day, the involving homeowners, as well as gov- ferent culinary persuasion, Simones’ United Nations Agency for Human Set- ernment officials and members of the offers chili, cheese, and sauerkraut to tlements, which promotes socially and larger community, in its governance. top their hotdogs. environmentally sustainable towns and It has been a successful experiment Simones family members are also cities with the goal of providing ade- that has revealed to the nation and, as charitable neighbors, helping to make quate shelter for all, presents these this U.N. award demonstrates, to the Lewiston a better place to live. awards. Established in 1985, the World world as well, how through the land Simones’ donates their hotdogs to the Habitat Awards are bestowed on trust concept, home ownership can be scholarship foundation of the projects that provide practical and in- combined with making housing perpet- MAINEiacs, Lewiston’s junior ice novative solutions to current housing ually affordable. hockey team, as well as Leavitt Area needs and problems. One award is for a The 2008 World Habitat Award is in High School’s Project Graduation and project in the global north and the recognition of all who have worked on other local nonprofit groups. Current other for a project in the global south. establishing and expanding land trusts, owner Jimmy Simones serves on the I have a particularly deep and all who have bought land trust homes, Central Maine Community College lengthy interest in the Champlain and all who have helped disseminate Foundation board of directors and has Housing Trust. It was established as the land trust concept. And, in par- volunteered at Lewiston’s Sexual As- the Nation’s first municipally funded ticular, it is a celebration of the won- sault Crisis Center. Additionally, Jim- community land trust in 1984, when I derful work done by the Champlain my’s wife Linda is a member of the St. was mayor of Burlington, VT. It has Housing Trust.∑ Mary’s Hospital Federally Qualified grown substantially, and today it is f Health Care Board in Lewiston and a not only the first but the largest, com- graduate of the hospital’s nursing munity land trust in the country. It HONORING SIMONES’ HOT DOG school. The Simones family is also ac- STAND has provided a model for securing per- tive in the Holy Trinity Greek Ortho- petually affordable housing that has ∑ Ms. SNOWE. Mr. President, I wish to dox Church parish. Jimmy is a past been adopted by many other cities and celebrate the centennial of a treasured president of the church, and son municipalities across the Nation. institution within Maine’s Lewiston- George, who works at the stand, serves The program came into being be- Auburn community. Simones’ Hot Dog as a chanter for services. And all three cause, in the 1980s, Burlington faced a Stand has been located on Chestnut Simones are familiar faces during the number of housing challenges—and we Street in Lewiston since 1908, and by church’s annual Greek Festival, volun- were looking for innovative solutions. the looks of things, it will be there for teering their time to enhance the expe- Among other issues that we faced was at least another hundred years. rience of the hundreds who attend. the reality that low and moderate in- A third- and fourth-generation fam- From the regulars who come in daily come households, in the face of rapidly ily-owned small business, Simones’ Hot for a hotdog, to Maine’s political fig- rising and fluctuating house prices, Dog Stand has been immensely popular ures who make it a must-stop on the were threatened with displacement. We since its founding. Back then, Simones’ campaign trail, Simones’ is truly the also believed that decent and afford- was truly a ‘‘small’’ business, con- place to take the local pulse of the able housing was a right of all people structed of wooden soda crates with Lewiston-Auburn community. It is no and not just a commodity for financial just four stools for customers. Luckily, wonder that Simones’ has established gain by a select few. As mayor of Bur- Simones’ had a walk up take out win- itself as a pillar in central Maine. I lington, I was very fortunate to have dow as well. Hot dogs at the time cost wish Jimmy, Linda, George, and every- an outstanding staff as well as strong a nickel, with the bargain price of a one at Simones’ a wonderful celebra- community input in helping to formu- quarter for six hotdogs. Over the years, tion of 100 successful years and look late this concept. Among many others various members of the Simones fam- forward to many more years—and hot- who played an active role in developing ily have operated and worked at the dogs.∑ what was initially called the Bur- stand, and its present proprietor, lington Community Land Trust were Jimmy Simones, has been a steadfast f Terry Bouricius, John Davis, Peter employee since 1973. Clavelle, Michael Monte, Brenda With time, the hotdog stand has MESSAGES FROM THE PRESIDENT Torpy, and Amy Wright. faced challenges and undergone Messages from the President of the When I entered the House of Rep- changes. During the Great Depression, United States were communicated to resentatives, my interest in land trusts with the price of meat skyrocketing, the Senate by Mrs. Neiman, one of his did not abate. Encouraged by the grow- Simones’ turned to chopped bologna as secretaries. ing land trust community across the a substitute for hotdogs. During World Nation, I successfully introduced legis- War II, when meat became scarce on f lation that encouraged the use of the the homefront, SPAM was used in its land trust model the Burlington com- place until the daily ration was em- EXECUTIVE MESSAGES REFERRED munity land trust had helped establish ployed. In 1966, realizing the need for so that this model could be expanded to additional space, Simones’ moved As in executive session the Presiding communities across the country. across the street, from 98 Chestnut Officer laid before the Senate messages Meanwhile, ably directed by Brenda Street to No. 99, where it has been from the President of the United Torpy and a legion of committed staff since. Over the years, Simones’ menu States submitting sundry nominations and volunteers over the past two and a has expanded to include other lunch and a withdrawal which were referred half decades, the Champlain Housing items, such as subs, salads, and even to the appropriate committees. Trust has continued to grow and ex- homemade soups from scratch during (The nominations received today are pand its geographic reach, and has been the cold winter months. It is also open printed at the end of the Senate pro- met with unparalleled success. Thou- for breakfast. ceedings.)

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G30JY6.029 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7775 REPORT RELATIVE TO THE CON- nomic Powers Act (50 U.S.C. 1701–1706). At 12:18 p.m., a message from the TINUATION OF THE NATIONAL I took this action to deal with the un- House of Representatives, delivered by EMERGENCY WITH RESPECT TO usual and extraordinary threat to the Mrs. Cole, one of its reading clerks, an- THE ACTIONS OF CERTAIN PER- national security and foreign policy of nounced that the House has passed the SONS TO UNDERMINE THE SOV- the United States constituted by the following bills, in which it requests the EREIGNTY OF LEBANON OR ITS actions of certain persons to under- concurrence of the Senate: DEMOCRATIC PROCESSES AND mine Lebanon’s legitimate and demo- H.R. 2192. An act to amend title 38, United INSTITUTIONS—PM 61 cratically elected government or demo- States Code, to establish an Ombudsman The PRESIDING OFFICER laid be- cratic institutions, to contribute to the within the Department of Veterans Affairs. fore the Senate the following message deliberate breakdown in the rule of law H.R. 2490. An act to require the Secretary in Lebanon, including through politi- of Homeland Security to conduct a program from the President of the United in the maritime environment for the mobile States, together with an accompanying cally motivated violence and intimida- tion, to reassert Syrian control or con- biometric identification of suspected individ- report; which was referred to the Com- uals, including terrorists, to enhance border mittee on Banking, Housing, and tribute to Syrian interference in Leb- security. Urban Affairs: anon, or to infringe upon or undermine H.R. 6098. An act to amend the Homeland To the Congress of the United States: Lebanese sovereignty which contrib- Security Act of 2002 to improve the financial Section 202(d) of the National Emer- utes to political and economic insta- assistance provided to State, local, and trib- gencies Act (50 U.S.C. 1622(d)) provides bility in that country and the region. al governments for information sharing ac- for the automatic termination of a na- Because these actions continue to tivities, and for other purposes. H.R. 6113. An act to amend title 44, United tional emergency unless, prior to the pose an unusual and extraordinary threat to the national security and for- States Code, to require each agency to in- anniversary date of its declaration, the clude contact information for the agency in President publishes in the Federal Reg- eign policy of the United States, the national emergency declared on August its collection of information. ister and transmits to the Congress a H.R. 6295. An act to enhance drug traf- notice stating that the emergency is to 1, 2007, and the measures adopted on ficking interdiction by creating a Federal continue in effect beyond the anniver- that date to deal with that emergency, felony relating to operating or embarking in sary date. In accordance with this pro- must continue in effect beyond August a submersible or semi-submersible vessel vision, I have sent the enclosed notice 1, 2008. Therefore, in accordance with without nationality and on an international to the Federal Register for publication section 202(d) of the National Emer- voyage. gencies Act (50 U.S.C. 1622(d)), I am H.R. 6388. An act to provide additional au- stating that the national emergency thorities to the Comptroller General of the and related measures blocking the continuing for 1 year the national emergency declared in Executive Order United States, and for other purposes. property of persons undermining the H.R. 6560. An act to establish an earned im- sovereignty of Lebanon or its demo- 13441. port allowance program under Public Law cratic processes and institutions and This notice shall be published in the 109–53, and for other purposes. certain other persons are to continue Federal Register and transmitted to the H.R. 6580. An act to ensure the fair treat- in effect beyond August 1, 2008. Congress. ment of a member of the Armed Forces who The actions of certain persons to un- GEORGE W. BUSH. is discharged from the Armed Forces, at the dermine Lebanon’s legitimate and THE WHITE HOUSE, JULY 30, 2008. request of the member, pursuant to the De- f partment of Defense policy permitting the democratically elected government or early discharge of a member who is the only democratic institutions, to contribute MESSAGES FROM THE HOUSE surviving child in a family in which the fa- to the deliberate breakdown in the rule At 11:19 a.m., a message from the ther or mother, or one or more siblings, of law in Lebanon, including through House of Representatives, delivered by served in the Armed Forces and, because of hazards incident to such service, was killed, politically motivated violence and in- Mrs. Cole, one of its reading clerks, an- timidation, to reassert Syrian control died as a result of wounds, accident, or dis- nounced that the House disagrees to ease, is in a captured or missing in action or contribute to Syrian interference in the amendment of the Senate to the Lebanon, or to infringe upon or under- status, or is permanently disabled, to amend bill (H.R. 4137) to amend and extend the the Internal Revenue Code of 1986 to repeal mine Lebanese sovereignty contribute Higher Education Act of 1965, and for the dollar limitation on contributions to fu- to political and economic instability in other purposes; it agrees to the con- neral trusts, and for other purposes. that country and the region and conference asked by the Senate on the dis- stitute a continuing unusual and ex- agreeing votes of the two Houses there- At 1:15 p.m., a message from the traordinary threat to the national se- on, and appoints the following as man- House of Representatives, delivered by curity and foreign policy of the United agers of the conference on the part of Ms. Niland, one of its reading clerks, States. For these reasons, I have deter- the House: announced that the House has passed mined that it is necessary to continue From the Committee on Education and the following bill, without amendment: the national emergency and related Labor, for consideration of the House bill S. 3352. An act to temporarily extend the measures blocking the property of per- and the Senate amendment, and modifica- programs under the Higher Education Act of sons undermining the sovereignty of tions committed to conference: Messrs. 1965. Lebanon or its democratic processes GEORGE MILLER of California, HINOJOSA, The message also announced that the TIERNEY, WU, BISHOP of New York, ALTMIRE, and institutions and certain other per- House has agreed to the following con- YARMUTH, COURTNEY, ANDREWS, SCOTT of sons. Virginia, Mrs. DAVIS of California, Mr. DAVIS current resolution, in which it requests GEORGE W. BUSH. of Illinois, Ms. HIRONO, Messrs. KELLER of the concurrence of the Senate: HE HITE OUSE T W H , July 30, 2008. Florida, PETRI, Mrs. MCMORRIS RODGERS, Ms. H. Con. Res. 398. Concurrent resolution f FOXX, Messrs. KUHL of New York, WALBERG, providing for a conditional adjournment of NOTICE: CONTINUATION OF THE CASTLE, SOUDER, EHLERS, Mrs. BIGGERT, and the House of Representatives and a condi- Mr. MCKEON. tional recess or adjournment of the Senate. NATIONAL EMERGENCY WITH From the Committee on the Judici- f RESPECT TO THE ACTIONS OF ary, for consideration of sections 951 CERTAIN PERSONS TO UNDER- and 952 of the House bill, and sections ENROLLED BILL SIGNED MINE THE SOVEREIGNTY OF 951 and 952 of the Senate amendment, At 6:11 p.m., a message from the LEBANON OR ITS DEMOCRATIC and modifications committed to con- House of Representatives, delivered by PROCESSES AND INSTITUTIONS ference: Mr. CONYERS, Ms. WATERS, and Ms. Niland, one of its reading clerks, On August 1, 2007, by Executive Order Mr. GOHMERT. announced that the Speaker has signed 13441, I declared a national emergency From the Committee on Science and the following enrolled bill: and ordered related measures blocking Technology, for consideration of sec- S. 3352. An act to temporarily extend the the property of certain persons under- tions 961 and 962 of the House bill, and programs under the Higher Education Act of mining the sovereignty of Lebanon or section 804 of the Senate amendment, 1965. its democratic processes or institutions and modifications committed to con- and certain other persons, pursuant to ference: Messrs. GORDON of Tennessee, At 6:54 p.m., a message from the the International Emergency Eco- BAIRD, and NEUGEBAUER. House of Representatives, delivered by

VerDate Aug 31 2005 03:20 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.032 S30JYPT1 jbell on PROD1PC69 with SENATE S7776 CONGRESSIONAL RECORD — SENATE July 30, 2008 Ms. Niland, one of its reading clerks, Louisiana urging Congress to enact legislation to take such actions as are necessary to announced that the House agrees to tion to establish a minimum sound level improve, modernize, and enhance drainage the report of the committee of con- standard for all new automobiles sold in the along the Jefferson Parish and Orleans Par- ference on the disagreeing votes of the United States to ensure the safety of the ish line, and for other purposes; to the Com- blind and other pedestrians, and for other mittee on Environment and Public Works. two Houses on the amendment of the purposes; to the Committee on Commerce, HOUSE RESOLUTION NO. 178 Senate to the bill (H.R. 4040) to estab- Science, and Transportation. lish consumer product safety standards Whereas, since Hurricane Katrina local of- HOUSE CONCURRENT RESOLUTION NO. 52 ficials and drainage personnel have worked and other safety requirements for chil- Whereas, electric vehicles operate on bat- diligently with neighborhood civic associa- dren’s products and to reauthorize and teries and are marketed as having the advan- tions, congress, and the Corp of Engineers to modernize the Consumer Product Safe- tage of operating without the sound and improve the safety of lives and property ty Commission. smell of standard internal combustion en- against hurricane overflow and rainfall The enrolled bill was subsequently gines, and hybrid vehicles combine conven- flooding; and signed by the President pro tempore tional gas-powered engines with battery- Whereas, there is now a plan which is supported by local officials that can achieve (Mr. BYRD). powered electric motors and, when in the electric mode, also operate without making these goals and benefit the residents and f sound; and businesses that are dependent upon the Sev- MEASURES REFERRED Whereas, all pedestrians use the sound of enteenth Street Canal, Pump Station Num- traffic in combination with other techniques ber Six, and the Monticello Canal; and The following bills were read the first to travel safely, as evidenced by the fact Whereas, the locally preferred plan is com- and the second times by unanimous that commercial trucks emit a sound when prised of four essential components as fol- consent, and referred as indicated: backing up to alert pedestrians to their pres- lows: improve the depth and efficiency of the ence; and Seventeenth Street Canal between existing H.R. 2192. An act to amend title 38, United Pump Station Number Six and Lake Pont- States Code, to establish an Ombudsman Whereas, blind people depend solely on the sound of traffic to determine the location of chartrain to move rainwater more quickly to within the Department of Veterans Affairs; Lake Pontchartrain, build a new pumping to the Committee on Veterans’ Affairs. a traffic light and indication of whether a traffic light is red or green and whether an station at the lake end of the Seventeenth H.R. 2490. An act to require the Secretary Street Canal to replace the existing Pump of Homeland Security to conduct a pilot pro- individual automobile is idling, accelerating, decelerating, or turning left or right, all of Station Number Six and to prevent water gram for the mobile biometric identification from Lake Pontchartrain from entering the in the maritime environment of aliens un- which allows a blind person to gauge the time to navigate a crosswalk and to travel canal, supplement a new pump station at lawfully attempting to enter the United Lake Pontchartrain with a pipeline system States; to the Committee on Commerce, independently and safely; and Whereas, action must be taken to ensure and a separate pumping station that will dis- Science, and Transportation. charge directly into the Mississippi River, H.R. 6098. An act to amend the Homeland that all vehicles emit a sound while turned on, and such a sound from all vehicles must rather than into the Seventeenth Street Security Act of 2002 to improve the financial Canal and Lake Pontchartrain, and remove assistance provided to State, local, and trib- be loud enough to be heard over the din of other ambient noise and be heard from a dis- existing Pump Station Number Six from the al governments for information sharing ac- system. Therefore, be it tivities, and for other purposes; to the Com- tance which would allow pedestrians to travel safely, and such a sound must be emitted Resolved, That the House of Representa- mittee on Homeland Security and Govern- tives of the Legislature of Louisiana does mental Affairs. both while the vehicle is in motion and while motionless, the sound must also change with hereby memorialize the United States Con- H.R. 6113. An act to amend title 44, United gress to take such actions as are necessary States Code, to require each agency to in- speed, must not easily be disabled, must not be annoying but still emit a unique sound to implement the four essential components clude a contact telephone number in its col- outlined in this Resolution in order to im- lection of information; to the Committee on distinguishable from other noises, and must be uniform from model to model. Therefore, prove, modernize, and enhance drainage in Homeland Security and Governmental Af- Jefferson and Orleans parishes. Be it further fairs. be it Resolved, That the Legislature of Louisiana Resolved, That a copy of this Resolution be H.R. 6388. An act to provide additional au- does hereby memorialize the United States transmitted to the presiding officers of the thorities to the Comptroller General of the Congress to take such actions as are nec- Senate and the House of Representatives of United States, and for other purposes; to the essary to ensure the safety of the blind and the Congress of the United States of America Committee on Homeland Security and Gov- other pedestrians by passing legislation re- and to each member of the Louisiana con- ernmental Affairs. quiring the United States Department of gressional delegation. H.R. 6560. An act to establish an earned im- Transportation, National Highway Traffic port allowance program under Public Law Safety Administration, to adopt regulations POM–424. A resolution adopted by the 109–53, and for other purposes; to the Com- establishing a minimum sound level stand- House of Representatives of the State of mittee on Finance. ard for all new automobiles sold in the Michigan urging Congress to enact the hear- f United States. Be it further ing aid assistance tax credit act; to the Com- mittee on Finance. MEASURES PLACED ON THE Resolved, That the regulations adopted by the United States Department of Transpor- HOUSE RESOLUTION NO. 155 CALENDAR tation, National Highway Traffic Safety Ad- Whereas, hearing is clearly one of our most The following bill was read the sec- ministration, need not prescribe the method essential senses. It is often taken for grant- ond time, and placed on the calendar: automobile manufacturers must use to ed, unfortunately, until the time one begins achieve the minimum sound standard, but to experience hearing loss. At this point it is S. 3348. A bill to provide for the investiga- the standard should have the following char- too late to reverse the damage. Hearing aids tion of certain unsolved civil rights crimes, acteristics: are the ready solution to the problems asso- and for other purposes. (1) In all phases of operation, including ciated with hearing loss, but the costs asso- f times when the vehicle is at a full stop, vehi- ciated with good quality equipment is expen- cles should be required to emit an sive, is not always covered by one’s insur- ENROLLED BILL PRESENTED omnidirectional sound with similar spectral ance or Medicaid, and is too often foregone The Secretary of the Senate reported characteristic of those of a modem internal for more immediate needs. A federal tax that on July 30, 2008, she had presented combustion engine. credit would provide immediate and nec- to the President of the United States (2) The sound should vary in a way that is essary relief for tens of thousands; and the following enrolled bill: consistent with the sound of vehicles with Whereas, indeed, it has been estimated combustion engines to indicate whether the that hearing aids would help ninety-five per- S. 3352. An act to temporarily extend the vehicle is idling, maintaining a constant cent of those suffering from hearing loss. programs under the Higher Education Act of speed, accelerating, or decelerating. Be it Only twenty-two percent of the population, 1965. further however, currently uses a hearing device, be- f Resolved, That a copy of this Resolution be cause the average out-of-pocket costs associ- transmitted to the presiding officers of the ated with hearing aids is over $2,800. Thou- PETITIONS AND MEMORIALS Senate and the House of Representatives of sands upon thousands of individuals and fam- The following petitions and memo- the Congress of the United States of America ily members are impacted by these soaring rials were laid before the Senate and and to each member of the Louisiana con- costs. It is estimated that close to 2 million gressional delegation. people are affected by untreated hearing were referred or ordered to lie on the loss; and table as indicated: POM–423. A resolution adopted by the Whereas, in Michigan, legislation was en- POM–422. A resolution adopted by the House of Representatives of the State of acted in 1978 to exempt hearing aids from the House of Representatives of the State of Louisiana urging Congress to enact legisla- state sales tax. This initiative was a clear

VerDate Aug 31 2005 03:20 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.035 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7777 recognition of the important of cost savings ease research during fiscal year 2007–2008. receive a form could use the ‘‘Be Counted’’ to those in need of hearing aids. The Con- Now, therefore, be it questionnaires that were available in public gress should follow this stellar example and Resolved by the Legislature of the State of areas and printed in English, Spanish, Taga- enact similar tax incentives in the U.S. Tax Florida: That the Congress of the United log, Vietnamese, and Korean, and States is urged to increase federal funding Code; now, therefore, be it Whereas, the Census Bureau also published Resolved, By the House of Representatives, for Alzheimer’s disease research by $360 mil- a short-form and a long-form language as- That we hereby memorialize the Congress of lion during fiscal year 2008–2009. Be it further sistance guide in 49 different languages, one the United States to enact the Hearing Aid Resolved, That copies of this memorial be of which was Creole, to assist respondents, Assistance Tax Credit Act; and be it further dispatched to the President of the United Resolved, That copies of this resolution be States, to the President of the United States and transmitted to the President of the United Senate, to the Speaker of the United States Whereas, however, given the considerable States Senate, the Speaker of the United House of Representatives, and to each mem- size of Florida’s Haitian population, in the States House of Representatives, and the ber of the Florida delegation to the United interest of equity and obtaining the most ac- members of the Michigan congressional States Congress. curate information possible from the next delegation. federal decennial statewide census, the POM–426. A resolution adopted by the Leg- United States Census Bureau should make POM–425. A resolution adopted by the Leg- islature of the State of Florida, urging Con- forms for the United States Decennial Cen- islature of the State of Florida, urging Con- gress to support national standards for edu- sus of 2010 more accessible to the Haitian gress to increase federal funding for Alz- cator ethics and a national clearinghouse to population of Florida by making the census heimer’s disease research; to the Committee strengthen state efforts in the reporting, forms available in the Creole language, and on Health, Education, Labor, and Pensions. screening, and sharing of critical informa- Whereas, in addition, the census forms for SENATE MEMORIAL NO. 2662 tion relative to educator misconduct; to the Committee on Health, Education, Labor, and the United States Decennial Census of 2010 Whereas, Alzheimer’s disease is a progres- should be prepared in a manner that will sive degenerative disorder that destroys cells Pensions. SENATE MEMORIAL 1742 allow a respondent to indicate whether he or in the brain and is the leading cause of de- she is a Haitian national or of Haitian de- Whereas, teachers are entrusted with the mentia, a condition that involves memory scent. Now, therefore, be it loss, decline in the ability to perform routine care and supervision of minor children away tasks, disorientation, difficulty in learning, from the direct observation of parents, and Resolved by the Legislature of the State of loss of language skills, impairment of judg- Whereas, the student-teacher relationship Florida: That the Congress of the United ment, and personality changes, and is necessarily built on a child’s trust and re- States is urged to require the United States Whereas, as Alzheimer’s disease progresses, spect for an adult in authority, and Census Bureau to make census forms for the individuals with the disease become unable Whereas, parents and the community rely United States Decennial Census of 2010 avail- to care for themselves, and upon school district officials and individual able in the Creole language to provide for op- Whereas, as many as 5 million Americans educators to protect the integrity of that re- timal accessibility by the Haitian population have Alzheimer’s disease, including approxi- lationship, and of Florida and to prepare the census forms in mately 500,000 Floridians, and, by 2050, the Whereas, educators rely upon the state and a manner that will allow a respondent to in- number of individuals in the United States school districts to promote respect for the dicate whether he or she is a Haitian na- with the disease could range from 13 million teaching profession through the timely in- tional or of Haitian descent. Be it further to 16 million unless a way to prevent or cure vestigation and disposition of allegations of Resolved, That copies of this memorial be the disease is discovered, and misconduct, assurance of due process, and Whereas, Alzheimer’s disease strikes ap- elimination from the teaching ranks of those dispatched to the President of the United proximately 1 in 10 people over the age of 65 who bring discredit to the profession. Now, States, to the President of the United States and nearly half of those who are age 85 or Therefore, be it Senate, to the Speaker of the United States older, and Resolved by the Legislature of the State of House of Representatives, and to each mem- Whereas, the average lifetime cost of care Florida: That the Congress of the United ber of the Florida delegation to the United for an individual with Alzheimer’s disease is States is urged to support the passage of States Congress. $170,000, and laws establishing ethical standards for pro- Whereas, half of all nursing home residents fessional educators and to support a national have Alzheimer’s disease or a related dis- clearinghouse to provide for the reporting of POM–428. A resolution adopted by the order, with the average annual cost of nurs- data concerning educator misconduct. A na- House of Representatives of the State of ing home care for individuals with the dis- tional database is necessary to promote the Louisiana urging Congress to take such ac- ease exceeding $70,000 per resident, and timely sharing of critical information among tions as are necessary to direct the Federal Whereas, Medicaid pays half of the total states and to provide for the safety and wel- Emergency Management Agency to review nursing home bills for individuals with Alz- fare of students. Be it further its recovery policies and programs, and for heimer’s disease and helps 2 out of 3 resi- Resolved, That copies of this memorial be other purposes; to the Committee on Home- dents pay for their care, and dispatched to the President of the United land Security and Governmental Affairs. Whereas, Medicaid expenditures for nurs- States, to the President of the United States HOUSE CONCURRENT RESOLUTION NO. 178 ing home care for individuals with Alz- Senate, to the Speaker of the United States heimer’s disease are estimated to increase House of Representatives, and to each mem- Whereas, during the seventeenth century, from $21 billion in 2005 to $24 billion in 2010, ber of the Florida delegation to the United about one hundred French families settled in and States Congress. a portion of Nova Scotia controlled by the Whereas, 1 in 8 caregivers for individuals British, then known as Acadia, where they with Alzheimer’s disease becomes ill or in- POM–427. A resolution adopted by the Leg- developed friendly relations with the Indians jured as a direct result of caregiving, and 1 islature of the State of Florida, urging Con- and learned their hunting and fishing tech- in 3 uses medication for problems related to gress to make forms for the United States niques; and caregiving, with older caregivers being 3 Decennial Census of 2010 available in the Whereas, when the French and Indian War times more likely to become clinically de- Creole language for the Haitian population began in 1754, the British government, doubt- pressed than others in their age group, and of Florida; to the Committee on Homeland Whereas, a 4-year study conducted by re- Security and Governmental Affairs. ing the neutrality of the Acadians, demanded that they take an oath of allegiance to the searchers from the University of Pittsburgh SENATE MEMORIAL 1454 British monarch, and since the oath required showed that elderly spouses strained by Whereas, results from the United States renouncing a key article of their Roman caregiving were 63 percent more likely to die Decennial Census of 2000 show that there Catholic faith, most refused and as a result during that 4-year period than their were 419,317 foreign-born persons from Haiti many were imprisoned; and noncaregiving counterparts, and in the United States when the census was Whereas, if our nation achieves its re- taken, and Whereas, in what is own as the Great Ex- search goals of preventing the onset of Alz- Whereas, the state with the largest popu- pulsion (Grand D˝ rangement), about thirteen heimer’s disease in those at risk and treating lation of foreign-born persons from Haiti in thousand Acadians, three-fourths of the Aca- and delaying progression of the disease in 2000 was Florida with 182,224, which rep- dian population in Nova Scotia, were ex- those already ill, annual Medicare savings resented 6.8 percent of Florida’s total for- pelled from the colony between 1755 and 1764, would be $51 billion by 2015 and $88 billion by eign-born population of 2.7 million, and their homes were destroyed, and they were 2020, annual Medicaid savings would be $10 Whereas, in conducting the federal decen- exiled among the American colonies and billion in 2015 and $17 billion by 2020, and the nial statewide census in 2000, the United other remote lands; and projected number of cases of the disease States Census Bureau used a variety of Whereas, in the chaos of this expulsion, would be reduced by 40 percent by the middle methods to communicate with people who families and friends were separated and of the century, and could not speak English, and placed on different ships, as a result of a de- Whereas, a cure for Alzheimer’s disease Whereas, households that received the cen- liberate effort on the part of the British to may be achieved sooner by increasing fund- sus form in the mail had the option of re- ‘‘exterminate’’ the Acadian culture through ing of Alzheimer’s disease research at estab- questing the form in Spanish, Chinese, Taga- forced assimilation; and lished and reputable research institutes, and log, Vietnamese, or Korean, and Whereas, the Congress of the United States Whereas, individuals who believed that Whereas, many Acadians found themselves appropriated $642 million for Alzheimer’s dis- they were not included on a form or did not unwelcome among the thirteen colonies,

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.079 S30JYPT1 jbell on PROD1PC69 with SENATE S7778 CONGRESSIONAL RECORD — SENATE July 30, 2008 some were deported to France and the other honorable professions and maintained Resolved, That this report include any and French islands of St. Pierre and Miquelon their religious faith traditions as Protes- all suggestions or recommendations as to near Newfoundland, and other Acadians be- tants and Catholics; and practical alternatives to such policies to came slaves in the British colonies, the Whereas, it is here in their homeland of allow for the preservation of the unique cul- Carribean, and in Europe; and coastal Louisiana that they have endured ture of coastal Louisiana. Be it further Whereas, large numbers of these Acadians disasters both natural and man-made; and Resolved, That a copy of this Resolution be eventually made their way to Louisiana just Whereas, the eastern and western Cajun re- transmitted to the presiding officers of the after France ceded its colony of Louisiana to gions of Louisiana were among the hardest Senate and the House of Representatives of Spain in 1762 and were referred to as Cajuns hit by Hurricane Katrina on August 29, 2005, the Congress of the United States of America by the English-speaking colonists; and and Hurricane Rita on September 26, 2005; and to each member of the Louisiana con- Whereas, the Spanish allowed the Acadians and gressional delegation. to continue to speak their language, practice Whereas, in the aftermath of these two Roman Catholicism, which was also the offi- natural disasters, again the trumpets sound, POM–429. A resolution adopted by the Leg- cial religion of Spain, and otherwise pursue and the ill winds blow, for many of the sons islature of the State of Arizona urging Con- their livelihoods with minimal interference; and daughters of the Acadians are about to gress to enact legislation to support the des- and be exiled again, not at the hands of a govern- ignation of a ‘‘National Day of the Cowboy’’; Whereas, the majority of the Acadians set- ment demanding allegiance but by the same to the Committee on the Judiciary. tled in southern Louisiana in the area west government to which they have already of what is now New Orleans, mainly along pledged allegiance and the same government SENATE CONCURRENT RESOLUTION 1046 the Mississippi River, and they were later that many of their sons and daughters have Whereas, pioneering men and women in Ar- moved by the colonial government to the fought and even died for; and izona, known as cowboys, helped establish swamps, cheniers, and prairies further west Whereas, this exile will be produced as the the American West; and and southwest of New Orleans, to lands result of what some who live outside the Whereas, the cowboy embodies honesty, in- deemed uninhabitable due to the harsh living coastal region of Louisiana suggest is a well- tegrity, courage, compassion, respect, a conditions, where they lived among the intentioned, reasonable application of the strong work ethic and patriotism; and Attakapa and Chitimacha Native American rules and regulations of the National Flood Whereas, the cowboy spirit exemplifies tribes; and Insurance Program, which if not challenged strength of character, sound family values Whereas, Henry Wadsworth Longfellow was and changed, will force those who live in and good common sense; and so moved by the plight of the Acadians that many of the areas hardest hit by Hurricanes Whereas, the cowboy archetype transcends he wrote a poem titled ‘‘Evangeline’’ and de- Katrina and Rita, especially in the southern ethnicity, gender, geographic boundaries and scribed in moving detail the story of two portion of the parishes of Cameron, political affiliation; and young lovers separated by the Grand Vermilion, St. Mary, Terrebonne, Lafourche, Whereas, the cowboy is an excellent stew- De´rangement and their travels to the land of Plaquemines, and St. Bernard, to leave the ard of the land and its creatures; and Louisiana; and land of their ancestry, the land of memories, Whereas, the cowboy lives off the land and Whereas, for more than two hundred years, to where they know not, to be finally and works to protect and enhance the environ- the Acadians have lived in the coastal re- forever assimilated into a culture familiar ment; and gions of Louisiana, a land Longfellow de- yet strangely foreign to their traditions and Whereas, cowboy traditions have been part scribed as the region ‘‘where reigns perpetual way of life; and of the American culture for generations; and summer, where through the Golden Coast, Whereas, the effect of these rules and regu- Whereas, the cowboy continues to be an and groves of orange and citron, sweeps with lations will be to force them to build homes important part of the economy, through the majestic curve the river away to the east- they cannot afford to build, and as a result work of approximately seven hundred twen- ward ... a maze of sluggish and devious wa- the land that no one wanted and which was ty-seven thousand ranchers in all fifty ters ... like a network of steel, extend(ing) in settled by the people no one wanted will now states, and contributes to the well-being of every direction; A land where over their be available only to the wealthiest, if avail- nearly every county in the nation; and heads the towering and tenebrous boughs of able at all; and Whereas, annual attendance at profes- Whereas, a policy with an impact of this the cypress met in a dusky arch, and trailing sional and working ranch rodeo events ex- magnitude has never been implemented on mosses in mid-air waved like banners that ceeds twenty-seven million fans, and the such a large scale before in the modem his- hang on the walls of ancient cathedrals ... A rodeo is the seventh most watched sport in tory of this nation; and land where Deathlike the silence seemed, the nation; and and unbroken, save by the herons home to Whereas, people in California, Washington, Whereas, membership and participation in their roosts in the cedar-trees returning at Nevada, and Utah who live in earthquake- rodeo and other organizations that promote sunset, Or by the owl, as he greeted the prone areas were allowed to develop pri- and encompass the livelihood of the cowboy moon with demoniac laughter’’; and vately funded programs to secure earthquake spans race, gender and generations; and Whereas, the children and grandchildren of insurance which is privately provided; and these Acadians remained somewhat secluded Whereas, although flood insurance is pro- Whereas, the cowboy is a central figure in in this region until the early 1900s in the vided through an agency of the federal gov- literature, film and music and occupies a areas of coastal Louisiana and regrettably ernment and there is a cost and risk associ- central place in the public imagination; and during the first half of the twentieth cen- ated with living in coastal regions of Lou- Whereas, the cowboy is an American icon; tury, contempt for the Acadians reemerged isiana, these risks in terms of damages due and within their dear state of Louisiana, and at- to storm surges caused by hurricanes is not Whereas, the ongoing contributions made tempts were made to forcibly suppress Cajun unlike those risks faced by any other com- by cowboys and cowgirls to their commu- culture by measures such as forbidding the munity along the Gulf Coast from the Flor- nities should be recognized and encouraged. use of French in schools; and ida Keys to Brownsfield, Texas; and Therefore be it Resolved, by the Senate of Whereas, the indomitable spirit of their Whereas, since these rules and regulations the State of Arizona, the House of Rep- French ancestry could not be suppressed, and make no distinction between risk of damages resentatives concurring: they prevailed once again and worked hard in flood plains due to storm surges and that 1. That the members of the Legislature ex- to overcome the stigma associated with their caused by flooding resulting from rising wa- press support for the designation of a ‘‘Na- ethnic heritage and instill pride in their Aca- ters due to rain and are based primarily on tional Day of the Cowboy’’ and encourage dian roots, forming the Council for the De- elevation, other communities along the Gulf the people of the United States to observe velopment of French in Louisiana; and Coast who are just as vulnerable to damage the day with appropriate ceremonies and ac- Whereas, it is in the coastal wetlands and caused by storm surge are allowed to rebuild tivities. prairies of South Louisiana that the Cajuns in areas next to the beach because the initial 2. That the Secretary of State of the State have not merely endured, not merely sur- elevation of the area is higher than that of Arizona transmit copies of this resolution vived, but have lived and laughed and cried found in the coastal area of Louisiana. to the President of the United States Senate, and built a culture uniquely American with Therefore, be it the Speaker of the United States House of a spiritual richness and time-honored tradi- Resolved, That the Legislature of Louisiana Representatives and each member of the Ari- tions complete with Mardi Gras and king does hereby memorialize the United States zona Congressional Delegation. cakes, family togetherness, hard work, plen- Congress to take such actions as are nec- ty of fun, music played with lively fiddles, essary to direct the Federal Emergency Man- POM–430. A resolution adopted by the accordions, spoons, and washboards, and a agement Agency to review its recovery poli- House of Representatives of the State of unique local cuisine of the indigenous species and programs and to prepare an outline Louisiana urging Congress to increase pen- cies of seafood and animal life with dishes of the social and economic issues involved in alties for any person who knowingly hires, or such as etouffee, gumbo, and jambalaya; and the implementation of the rules and regula- recruits or refers for a fee, for employment Whereas, these Cajuns have distinguished tions of the National Flood Insurance Pro- within this state, an individual who is not themselves as hunters, trappers, fishermen, gram as that implementation affects the re- authorized to work in the United States, or shrimpers, doctors, lawyers, engineers, building efforts in all coastal Louisiana com- knowingly continues to employ an unauthor- roustabouts, farmers, priests and preachers, munities impacted by Hurricanes Katrina ized alien; to the Committee on the Judici- nuns, and missionaries, and in numerous and Rita. Be it further ary.

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HOUSE CONCURRENT RESOLUTION NO. 63 isiana, will provide over five hundred hous- tion in the defense of this country and need Whereas, increasing public and congres- ing units for the spouses of our deceased vet- assistance in finding adequate housing; and sional attention has been focused on the un- erans, as well as the veterans who are home- Whereas, Veterans Village seeks financial authorized alien population in the United less in the state of Louisiana; and support from the Congress of these United States; and Whereas, one out of every four homeless States to assist in the development of the Whereas, the federal Immigration Reform people is a citizen who served our nation in Veterans Village in its effort to provide and Control Act makes all United States em- the defense of this country and needs assist- housing for deceased veterans’ spouses and ployers responsible for verifying the identity ance in finding adequate housing; and those who are homeless; and and work authorization of all individuals; Whereas, Veterans Village seeks financial Whereas, the Senate of the Legislature of and support from the Congress of these United Louisiana desires to acknowledge its support Whereas, the federal government imposes States to assist in the development of the of nonprofit projects like the Veterans Vil- civil penalties for those employers who con- Veterans Village in its effort to provide lage in Winnsboro, Louisiana, which pro- tinue to hire or retain unauthorized aliens; housing for deceased veterans’ spouses and motes housing for spouses of our deceased and those who are homeless; and veterans and veterans who are without ade- Whereas, the Department of Homeland Se- Whereas, the House of Representatives of quate shelter in our state. Therefore, be it curity reports an estimated eleven million the Legislature of Louisiana desires to ac- Resolved, That the Senate of the Legisla- unauthorized aliens living in the United knowledge its support of nonprofit projects ture of Louisiana hereby memorializes the States and an estimated six million of that like the Veterans Village in Winnsboro, Lou- Congress of the United States to take such number are from Mexico; and isiana, which promotes housing for spouses actions as are necessary to appropriate funds Whereas, a large percentage of that num- of our deceased veterans and veterans who to assist the development of the Veterans ber of unauthorized aliens represent the are without adequate shelter in our state. Village project designed to improve the United States civilian labor force; and Therefore, be it standard of living of the spouses of our de- Whereas, unauthorized aliens account for Resolved, That the House of Representa- ceased veterans, as well as the homeless vet- thirteen percent of the agriculture industry tives of the Legislature of Louisiana does erans living in the state of Louisiana. Be it and twelve percent of the construction in- hereby request the United States Congress to further dustry; and take such actions as are necessary to appro- Resolved, That the Senate of the Legisla- Whereas, the state of Louisiana is experi- priate funds to assist the development of the ture of Louisiana does hereby urge and re- encing a drastic increase in the number of Veterans Village project designed to improve quest the members of the United States Con- unauthorized aliens seeking employment in the standard of living of the spouses of our gress from Louisiana to take the proper our state due to the demand of the construc- deceased veterans, as well as the homeless steps to obtain such appropriation. Be it fur- tion and agriculture industries; and veterans living in the state of Louisiana. Be ther Whereas, the sovereignty of our state must it further Resolved, That a copy of this Resolution be protected. THEREFORE, be it Resolved, That the House of Representa- shall be transmitted to the secretary of the Resolved, That the Legislature of Louisiana tives of the Legislature of Louisiana does United States Senate and the clerk of the does hereby urge and request the United hereby urge and request the Louisiana con- United States House of Representatives and States Congress to increase penalties for any gressional delegation to file the appropriate to each member of the Louisiana delegation person who knowingly hires, or recruits or legislation necessary to accomplish this ap- to the United States Congress. refers for a fee, for employment within that propriation. Be it further Resolved, That a copy of this Resolution be state, an individual who is not authorized to POM–433. A message from the Canadian transmitted to the presiding officers of the work in the United States, or who knowingly Parliament extending best wishes to the Senate and the House of Representatives of continues to employ an unauthorized alien. United States Congress and the people of the the Congress of the United States of America be it further United States of America on the anniversary Resolved, that a copy of this Resolution be and to each member of the Louisiana con- of the independence of the United States of transmitted to the presiding officers of the gressional delegation. America on July 4, 2008; to the Committee on Senate and the House of Representatives of Foreign Relations. POM–432. A resolution adopted by the Sen- the Congress of the United States of America POM–434. A resolution adopted by the City ate of the State of Louisiana to take such and to each member of the Louisiana con- of Miami Beach City Commission Meeting of actions as are necessary to recognize the gressional delegation. June 25, 2008, urging Congress to grant tem- need for support of the spouses of deceased porary protective status to Haitians in the veterans and the need for housing for home- POM–431. A resolution adopted by the United States; to the Committee on the Ju- less veterans; to the Committee on Veterans’ House of Representatives of the State of diciary. Affairs. Louisiana urging Congress to take such ac- f tions as are necessary to recognize the need SENATE RESOLUTION NO. 181 for support of the spouses of deceased vet- Whereas, since the establishment of these REPORTS OF COMMITTEES erans and the need for housing for homeless United States, the policy of this nation is The following reports of committees veterans; to the Committee on Veterans’ Af- and always will be the support of the men were submitted: fairs. and women who serve in the defense of their country in peace time as well as in times of By Mr. LIEBERMAN, from the Committee HOUSE RESOLUTION NO. 148 military conflict; and on Homeland Security and Governmental Af- Whereas, since the establishment of these Whereas, the Veterans Administration was fairs, without amendment: United States, the policy of this nation is established by the Congress of these United H.R. 4210. A bill to designate the facility of and always will be the support of the men States to recognize the contributions and the United States Postal Service located at and women who serve in the defense of their service of the men and women of these 401 Washington Avenue in Weldon, North country in peace time as well as in times of United States and to provide for their well- Carolina, as the ‘‘Dock M. Brown Post Office military conflict; and being after their service to their country in Building’’. Whereas, the Veterans Administration was the military; and H.R. 5477. A bill to designate the facility of established by the Congress of these United Whereas, the states of these United States the United States Postal Service located at States to recognize the contributions and in furtherance of this policy have established 120 South Del Mar Avenue in San Gabriel, service of the men and women of these state agencies to further administer to the California, as the ‘‘Chi Mui Post Office United States and to provide for their well- welfare of our veterans, which in Louisiana Building’’. being after their service to their country in is the Louisiana Department of Veterans Af- H.R. 5483. A bill to designate the facility of the military; and fairs; and the United States Postal Service located at Whereas, the states of these United States Whereas, to promote and encourage the 10449 White Granite Drive in Oakton, Vir- in furtherance of this policy established citizens of our state to participate in pro- ginia, as the ‘‘Private First Class David H. state agencies to further administer to the viding housing for our military veterans and Sharrett II Post Office Building’’. welfare of our veterans specifically in Lou- their dependents, the Senate of the Legisla- H.R. 5631. A bill to designate the facility of isiana through the Louisiana Department of ture of Louisiana hereby recognizes the need the United States Postal Service located at Veterans Affairs; and to support projects designed to further both 1155 Seminole Trail in Charlottesville, Vir- Whereas, to promote and encourage the the federal and state efforts to provide hous- ginia, as the ‘‘Corporal Bradley T. Arms Post citizens of our state to participate in pro- ing for veterans and their other needs; and Office Building’’. viding housing for our military veterans and Whereas, the Veterans Village, a nonprofit H.R. 6061. A bill to designate the facility of their dependents, the Legislature of the organization located in Winnsboro, Lou- the United States Postal Service located at State of Louisiana recognizes the need to isiana, will provide over five hundred hous- 219 East Main Street in West Frankfort, Illi- support projects designed to further both the ing units for the spouses of our deceased vet- nois, as the ‘‘Kenneth James Gray Post Of- federal and state efforts to provide housing erans, as well as the veterans who are home- fice Building’’. for veterans and their other needs; and less in the state of Louisiana; and H.R. 6085. A bill to designate the facility of Whereas, the Veterans Village, a nonprofit Whereas, one out of every four homeless the United States Postal Service located at organization located in Winnsboro, Lou- people is a citizen who have served our na- 42222 Rancho Las Palmas Drive in Rancho

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.045 S30JYPT1 jbell on PROD1PC69 with SENATE S7780 CONGRESSIONAL RECORD — SENATE July 30, 2008 Mirage, California, as the ‘‘Gerald R. Ford to the Committee on Environment and Pub- students who take a medically nec- Post Office Building’’. lic Works. essary leave of absence do not lose H.R. 6150. A bill to designate the facility of By Mr. SMITH (for himself, Mr. health insurance coverage, and for the United States Postal Service located at WYDEN, Mr. INOUYE, Mr. TESTER, Mr. other purposes. 14500 Lorain Avenue in Cleveland, Ohio, as SANDERS, Mr. BARRASSO, and Mr. the ‘‘John P. Gallagher Post Office Build- COCHRAN): S. 1075 ing’’. S. 3367. A bill to amend title XVIII of the At the request of Mrs. CLINTON, the S. 3241. A bill to designate the facility of Social Security Act to revise the timeframe name of the Senator from Illinois (Mr. the United States Postal Service located at for recognition of certain designations in OBAMA) was added as a cosponsor of S. 1717 Orange Avenue in Fort Pierce, Florida, certifying rural health clinics under the 1075, a bill to amend title XIX of the as the ‘‘CeeCee Ross Lyles Post Office Build- Medicare program; to the Committee on Fi- Social Security Act to expand access to ing’’. nance. By Mr. BROWN (for himself and Ms. contraceptive services for women and f SNOWE): men under the Medicaid program, help EXECUTIVE REPORTS OF S. 3368. A bill to promote industry growth low income women and couples prevent COMMITTEES and competitiveness and to improve worker unintended pregnancies and reduce training, retention, and advancement, and abortion, and for other purposes. The following executive reports of for other purposes; to the Committee on S. 1376 nominations were submitted: Health, Education, Labor, and Pensions. At the request of Mr. BINGAMAN, the By Mr. LIEBERMAN for the Committee on By Mr. NELSON of Florida (for him- Homeland Security and Governmental Af- self, Mr. KENNEDY, Mr. DURBIN, Mr. name of the Senator from Missouri fairs. MENENDEZ, and Mr. KERRY): (Mrs. MCCASKILL) was added as a co- *Carol A. Dalton, of the District of Colum- S. 3369. A bill to amend the Immigration sponsor of S. 1376, a bill to amend the bia, to be an Associate Judge of the Superior and Nationality Act to provide for relief to Public Health Service Act to revise and Court of the District of Columbia for the surviving spouses and children, and for other expand the drug discount program term of fifteen years. purposes; to the Committee on the Judici- under section 340B of such Act to im- *Anthony C. Epstein, of the District of Co- ary. prove the provision of discounts on lumbia, to be an Associate Judge of the Su- f drug purchases for certain safety net perior Court of the District of Columbia for the term of fifteen years. SUBMISSION OF CONCURRENT AND providers. *James A. Williams, of Virginia, to be Ad- SENATE RESOLUTIONS S. 1588 ministrator of General Services. The following concurrent resolutions At the request of Ms. LANDRIEU, the *Gus P. Coldebella, of Massachusetts, to be and Senate resolutions were read, and name of the Senator from Washington General Counsel, Department of Homeland referred (or acted upon), as indicated: (Mrs. MURRAY) was added as a cospon- Security. sor of S. 1588, a bill to amend the Pub- *Heidi M. Pasichow, of the District of Co- By Mr. FEINGOLD (for himself, Mr. lumbia, to be an Associate Judge of the Su- COLEMAN, Mr. WHITEHOUSE, Mr. lic Health Service Act, the Employee perior Court of the District of Columbia for MENENDEZ, Mr. LIEBERMAN, Ms. Retirement Income Security Act of the term of fifteen years. KLOBUCHAR, Mr. CARDIN, Ms. 1974, and the Internal Revenue Code of *Nomination was reported with rec- LANDRIEU, Ms. SNOWE, Mr. KERRY, 1986 to require that group and indi- ommendation that it be confirmed sub- Mr. BROWNBACK, and Mr. JOHNSON): vidual health insurance coverage and S. Res. 632. A resolution calling on the group health plans provide coverage for ject to the nominee’s commitment to Governments of the People’s Republic of respond to requests to appear and tes- China and the international community to treatment of a minor child’s congenital tify before any duly constituted com- use the upcoming Olympic Games as an op- or developmental deformity or disorder mittee of the Senate. portunity to push for the parties to the con- due to trauma, infection, tumor, or disease. f flicts in Sudan, Chad, and the Central Afri- can Republic to cease hostilities and revive S. 1603 efforts toward a peaceful resolution of their INTRODUCTION OF BILLS AND At the request of Mr. MENENDEZ, the JOINT RESOLUTIONS national and regional conflicts; to the Com- mittee on Foreign Relations. name of the Senator from Maine (Ms. The following bills and joint resolu- By Mr. BROWNBACK (for himself and COLLINS) was added as a cosponsor of S. tions were introduced, read the first Mr. BUNNING): 1603, a bill to authorize Congress to and second times by unanimous con- S. Res. 633. A resolution expressing the award a gold medal to Jerry Lewis, in sent, and referred as indicated: sense of the Senate on the deterioration of recognition of his outstanding service By Mr. TESTER: respect for privacy and human rights in the to the Nation. People’s Republic of China before the 2008 S. 3363. A bill to expedite the transfer of S. 1870 ownership of rural multifamily housing Olympic Games in Beijing; to the Committee on Foreign Relations. At the request of Mr. FEINGOLD, the projects with loans made or insured under name of the Senator from New York section 515 of the Housing Act of 1949 so that By Mr. CASEY (for himself, Mr. such projects are rehabilitated and preserved CHAMBLISS, Mr. HARKIN, Mr. KERRY, (Mrs. CLINTON) was added as a cospon- for use for affordable housing; to the Com- Mr. SANDERS, Mrs. LINCOLN, Ms. sor of S. 1870, a bill to amend the Fed- mittee on Banking, Housing, and Urban Af- STABENOW, Mr. ROBERTS, Mrs. DOLE, eral Water Pollution Control Act to fairs. Mr. PRYOR, Mr. SMITH, Mr. JOHNSON, clarify the jurisdiction of the United By Mrs. LINCOLN (for herself, Mrs. Mrs. CLINTON, and Mr. FEINGOLD): States over waters of the United S. Res. 634. A resolution recognizing July CLINTON, Mr. MENENDEZ, and Mr. States. COCHRAN): 30, 2008, as the 40th anniversary of the enact- S. 2367 S. 3364. A bill to increase the recruitment ment of the resolution establishing the Sen- and retention of school counselors, school so- ate Select Committee on Nutrition and At the request of Mr. JOHNSON, the cial workers, and school psychologists by Human Needs; to the Committee on Agri- name of the Senator from Mississippi low-income local educational agencies; to culture, Nutrition, and Forestry. (Mr. COCHRAN) was added as a cospon- the Committee on Health, Education, Labor, By Mr. MCCONNELL: sor of S. 2367, a bill to provide for the S. Res. 635. A resolution making minority and Pensions. issuance of bonds to provide funding By Mr. VITTER: party appointments for the 110th Congress; considered and agreed to. for the construction of schools of the S. 3365. A bill to amend the Internal Rev- Bureau of Indian Affairs, and for other enue Code of 1986 to provide for a nonrefund- f purposes. able tax credit for long-term care insurance ADDITIONAL COSPONSORS premiums; to the Committee on Finance. S. 2369 By Mr. NELSON of Florida (for him- S. 400 At the request of Mr. BAUCUS, the self, Ms. STABENOW, Ms. COLLINS, Mr. At the request of Mr. SUNUNU, the names of the Senator from Louisiana CARDIN, and Mr. MARTINEZ): name of the Senator from Maryland (Mr. VITTER) and the Senator from Col- S. 3366. A bill to protect, conserve, and re- (Ms. MIKULSKI) was added as a cospon- orado (Mr. ALLARD) were added as co- store native fish, wildlife, and their natural habitats at national wildlife refuges through sor of S. 400, a bill to amend the Em- sponsors of S. 2369, a bill to amend title cooperative, incentive-based grants to con- ployee Retirement Income Security 35, United States Code, to provide that trol, mitigate, and eradicate harmful non- Act of 1974 and the Internal Revenue certain tax planning inventions are not native plant species, and for other purposes; Code of 1986 to ensure that dependent patentable, and for other purposes.

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S. 2681 S. 3164 S. 3329 At the request of Mr. INHOFE, the At the request of Mr. MARTINEZ, the At the request of Mr. SALAZAR, the name of the Senator from Rhode Island name of the Senator from Tennessee name of the Senator from New York (Mr. WHITEHOUSE) was added as a co- (Mr. CORKER) was added as a cosponsor (Mr. SCHUMER) was added as a cospon- sponsor of S. 2681, a bill to require the of S. 3164, a bill to amend tile XVIII of sor of S. 3329, a bill to amend the En- issuance of medals to recognize the the Social Security Act to reduce fraud ergy Employees Occupational Illness dedication and valor of Native Amer- under the Medicare program. Compensation Program Act of 2000 to ican code talkers. S. 3198 expand the category of individuals eli- S. 2719 At the request of Mr. LAUTENBERG, gible for compensation, to improve the At the request of Mrs. DOLE, the the name of the Senator from Florida procedures for providing compensation, name of the Senator from Georgia (Mr. (Mr. NELSON) was added as a cosponsor and to improve transparency, and for CHAMBLISS) was added as a cosponsor of of S. 3198, a bill to amend title 46, other purposes. S. 2719, a bill to provide that Executive United States Code, with respect to the S. 3331 Order 13166 shall have no force or ef- navigation of submersible or semi-sub- At the request of Mr. BAUCUS, the fect, and to prohibit the use of funds mersible vessels without nationality. names of the Senator from Arkansas for certain purposes. S. 3199 (Mrs. LINCOLN) and the Senator from S. 2776 At the request of Mr. LAUTENBERG, Michigan (Ms. STABENOW) were added At the request of Ms. CANTWELL, the the name of the Senator from Mary- as cosponsors of S. 3331, a bill to amend name of the Senator from Massachu- land (Ms. MIKULSKI) was added as a co- the Internal Revenue Code of 1986 to re- setts (Mr. KERRY) was added as a cosponsor of S. 3199, a bill to amend the quire that the payment of the manu- sponsor of S. 2776, a bill to provide Internal Revenue Code of 1986 to ex- facturers’ excise tax on recreational duty-free treatment for certain goods empt certain shipping from the harbor equipment be paid quarterly. from designated Reconstruction Oppor- maintenance tax. S. 3337 OBERTS tunity Zones in Afghanistan and Paki- S. 3217 At the request of Mr. R , the stan, and for other purposes. name of the Senator from Iowa (Mr. At the request of Mr. SPECTER, the S. 2836 name of the Senator from South Da- GRASSLEY) was added as a cosponsor of S. 3337, a bill to require the Secretary At the request of Mr. CHAMBLISS, the kota (Mr. JOHNSON) was added as a co- name of the Senator from Maryland sponsor of S. 3217, a bill to provide ap- of Agriculture to carry out conserva- (Mr. CARDIN) was added as a cosponsor propriate protection to attorney-client tion reserve program notice CRP-598, of S. 2836, a bill to amend title 10, privileged communications and attor- entitled the ‘‘Voluntary Modification United States Code, to include service ney work product. of Conservation Reserve Program after September 11, 2001, as service (CRP) Contract for Critical Feed Use’’. S. 3242 qualifying for the determination of a S. RES. 551 At the request of Mrs. LINCOLN, the reduced eligibility age for receipt of At the request of Mr. BAUCUS, the name of the Senator from Nebraska non-regular service retired pay. names of the Senator from Maine (Ms. (Mr. HAGEL) was added as a cosponsor S. 2932 SNOWE) and the Senator from Okla- of S. 3242, a bill to suspend temporarily At the request of Mrs. MURRAY, the homa (Mr. COBURN) were added as co- the duty on digital-to-analog converter name of the Senator from Maryland sponsors of S. Res. 551, a resolution boxes, and for other purposes. (Ms. MIKULSKI) was added as a cospon- celebrating 75 years of successful sor of S. 2932, a bill to amend the Pub- S. 3251 State-based alcohol regulation. HUNE lic Health Service Act to reauthorize At the request of Mr. T , the S. RES. 580 name of the Senator from Colorado the poison center national toll-free At the request of Mr. BAYH, the number, national media campaign, and (Mr. ALLARD) was added as a cosponsor names of the Senator from South Caro- of S. 3251, a bill to amend the Federal grant program to provide assistance for lina (Mr. GRAHAM), the Senator from Crop Insurance Act and the Trade Act poison prevention, sustain the funding New Hampshire (Mr. GREGG), the Sen- of 1974 to authorize advance payments of poison centers, and enhance the pub- ator from Mississippi (Mr. COCHRAN), under the supplemental revenue assist- lic health of people of the United the Senator from Ohio (Mr. VOINOVICH), States. ance program. the Senator from Kansas (Mr. S. 3038 S. 3263 BROWNBACK), the Senator from Utah At the request of Mr. GRASSLEY, the At the request of Mr. BIDEN, the (Mr. HATCH), the Senator from Utah name of the Senator from Michigan names of the Senator from New York (Mr. BENNETT) and the Senator from (Mr. LEVIN) was added as a cosponsor of (Mrs. CLINTON) and the Senator from Oklahoma (Mr. COBURN) were added as S. 3038, a bill to amend part E of title Connecticut (Mr. DODD) were added as cosponsors of S. Res. 580, a resolution IV of the Social Security Act to extend cosponsors of S. 3263, a bill to authorize expressing the sense of the Senate on the adoption incentives program, to appropriations for fiscal years 2009 preventing Iran from acquiring a nu- authorize States to establish a relative through 2013 to promote an enhanced clear weapons capability. guardianship program, to promote the strategic partnership with Pakistan S. RES. 618 adoption of children with special needs, and its people, and for other purposes. At the request of Mr. LUGAR, the and for other purposes. S. 3299 names of the Senator from Florida (Mr. S. 3080 At the request of Mr. ENSIGN, the NELSON) and the Senator from Illinois At the request of Mrs. FEINSTEIN, the name of the Senator from Minnesota (Mr. DURBIN) were added as cosponsors name of the Senator from New Mexico (Mr. COLEMAN) was added as a cospon- of S. Res. 618, a resolution recognizing (Mr. BINGAMAN) was added as a cosponsor of S. 3299, a bill to amend title 38, the tenth anniversary of the bombings sor of S. 3080, a bill to ensure parity be- United States Code, to extend the dem- of the United States embassies in tween the temporary duty imposed on onstration project on adjustable rate Nairobi, Kenya and Dar es Salaam, ethanol and tax credits provided on mortgages and the demonstration Tanzania, and memorializing the citi- ethanol. project on hybrid adjustable rate mort- zens of the United States, Kenya, and S. 3127 gages. Tanzania whose lives were claimed as a At the request of Mr. BURR, the name S. 3323 result of the al Qaeda led terrorist at- of the Senator from Connecticut (Mr. At the request of Mr. GREGG, the tacks. LIEBERMAN) was added as a cosponsor name of the Senator from Maine (Ms. S. RES. 624 of S. 3127, a bill to reauthorize the Se- SNOWE) was added as a cosponsor of S. At the request of Mr. WHITEHOUSE, lect Agent Program by amending the 3323, a bill to provide weatherization the name of the Senator from Mary- Public Health Service Act and the Ag- and home heating assistance to low in- land (Mr. CARDIN) was added as a co- ricultural Bioterrorism Protection Act come households, and to provide a sponsor of S. Res. 624, a resolution des- of 2002 and to improve oversight of high heating oil tax credit for middle in- ignating August 2008 as ‘‘National Tru- containment laboratories. come households. ancy Prevention Month’’.

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Service to develop a sustained popu- DURBIN), the Senator from Georgia These refuges are home to 700 bird spe- lation of natural enemies, known as bi- (Mr. ISAKSON) and the Senator from cies, more than 200 mammal species, ological controls, to reduce the spread Ohio (Mr. VOINOVICH) were added as co- 250 reptile and amphibian species, and of invasive plants. The district has sponsors of S. Res. 625, a resolution more than 200 types of fish—including funded a biological control program for designating August 16, 2008, as National one-fourth of all federally recognized Lygodium since 1997, and has been Airborne Day. threatened and endangered species. The working to find a natural enemy for habitat afforded by our refuges will be- S. RES. 627 the Brazilian pepper, one of the most come even more critical to the survival noxious, widespread weeds in Florida. At the request of Mr. ISAKSON, the of wildlife, which is already being Projects like these are having a posi- name of the Senator from Wisconsin forced to adapt to a rapidly changing tive impact on the Everglades restora- (Mr. FEINGOLD) was added as a cospon- climate. tion, and show why it is important that sor of S. Res. 627, a resolution wel- As if encroaching human develop- all levels of government work together coming home Keith Stansell, Thomas ment, water and air pollution, and cli- to combat harmful, nonnative species. Howes, and Marc Gonsalves, three citi- mate change weren’t great enough While these and other invasive spe- zens of the United States who were challenges, our wildlife refuges and cies control efforts have yielded prom- held hostage for over five years by the other protected areas are also threat- ising results, the job is far from com- Revolutionary Armed Forces of Colom- ened by a more insidious and persistent plete. In the current fiscal year, ap- bia (FARC) after their plane crashed on problem: invasive species. These non- proximately $8.7 million was budgeted February 13, 2003. native plant and animal species com- for treatment and control of nonnative S. RES. 630 pete for habitat, food, and other re- plants in the Refuge System. That may At the request of Mrs. CLINTON, the sources that are essential to native sound like a lot of money, but it rep- name of the Senator from Illinois (Mr. wildlife, including endangered and resents a mere drop in the bucket: the DURBIN) was added as a cosponsor of S. threatened species. Fish and Wildlife Service estimates Res. 630, a resolution recognizing the According to the Florida Fish and that the total cost of managing importance of connecting foster youth Wildlife Conservation Commission, invasive species on refuges nationwide to the workforce through internship over 400 nonnative animals and nearly is in excess of $300 million. Clearly, we programs, and encouraging employers 1,200 exotic plant species have been need to dramatically increase the re- to increase employment of former fos- documented in the State, with more ar- sources we devote to combating harm- ter youth. riving each day. The old world climb- ful, nonnative species if we expect our f ing fern, Lygodium, poses a greater refuges to fulfill the wildlife conserva- threat than any other nonnative plant STATEMENTS ON INTRODUCED tion purposes for which they were set to south Florida’s natural areas, in- BILLS AND JOINT RESOLUTIONS aside. cluding one of our national treasures, That is why I have worked with Sen- By Mr. NELSON of Florida (for the Everglades. This plant currently ators STABENOW, COLLINS, CARDIN, and himself, Ms. STABENOW, Ms. infests over 70 percent of the Arthur R. MARTINEZ to develop and introduce the COLLINS, Mr. CARDIN, and Mr. Marshall Loxahatchee National Wild- Refuge Ecology Protection, Assistance, MARTINEZ): life Refuge near Boyton Beach, Florida. and Immediate Response Act, or RE- S. 3366. A bill to protect, conserve, The Everglades’ tree islands, which are PAIR Act. The primary purpose of this and restore native fish, wildlife, and a unique and extremely rare habitat act is to protect, enhance, and restore their natural habitats at national wild- for nesting wading birds and terrestrial habitats for native fish and wildlife life refuges through cooperative, incen- wildlife, are particularly vulnerable to within the National Wildlife Refuge tive-based grants to control, mitigate, Lygodium. This invader first surrounds System. The REPAIR Act would estab- and eradicate harmful nonnative plant the islands’ hardwood trees and dry lish within the Fish and Wildlife Serv- species, and for other purposes; to the ground, then grows over the tree can- ice a grant program to support projects Committee on Environment and Public opy, and eventually smothers the na- to assess, monitor, and manage harm- Works. tive plants. This process essentially ful, nonnative species. Mr. NELSON of Florida. Mr. Presi- eliminates all of the ecological services Specifically, REPAIR grants would dent, I rise today to introduce legisla- that the tree islands once provided to be available to States, tribes, and terri- tion that will address the growing native wildlife. tories to assess invasive plant and ani- harm that nonnative or ‘‘invasive’’ spe- The threats posed by nonnative spe- mal species that may threaten refuge cies are inflicting on the wildlife and cies are not confined to my home State resources, and to prioritize restora- environment of our National Wildlife of Florida—this is truly a national tions needs and activities. Grants Refuge System. problem. According to the U.S. Fish would also be available to State and In 1903, President Theodore Roosevelt and Wildlife Service, invasive species local governments, universities, con- issued an executive order that des- are one of the most significant prob- servation organizations, and others to ignated Pelican Island, located in my lems facing the National Wildlife Ref- implement control projects to eradi- home State of Florida, as a Federal uge System. Resource managers cite cate harmful, nonnative plants on ref- bird reservation. This designation was nonnative species as the single greatest uges and adjoining, nonfederal lands intended to protect the numerous spe- threat to the refuges’ biological and ec- and waters. Volunteer and public-inter- cies of waterfowl that called Indian ological functions, and as one of their est groups would also be eligible for River Lagoon and Pelican Island home, most pressing management challenges. grants to conduct habitat surveys and including the last known brown pelican Currently, experts estimate that non- monitor invasive plant and animal spe- rookery on the East Coast of Florida. native plant species infest more than 2 cies. The REPAIR Act would also give President Roosevelt’s action marked million acres in the Refuge System, the Secretary of the Interior the au- the first time that our Federal Govern- and that nearly 4,500 invasive animal thority to provide financial assistance ment set aside land for the sake of populations are established. to States to respond quickly to out- wildlife. Efforts are underway to control or breaks of invasive plants at a stage In the century that followed, the Pel- eradicate harmful, nonnative species in when complete eradication is possible ican Island reservation, 27 additional our wildlife refuges and other conserva- and more affordable. sites in Florida, and other areas nation areas. For example, the Fish and The Fish and Wildlife Service would tionwide were set aside by the Federal Wildlife Service treated 2,500 acres of be responsible for awarding REPAIR Government and grew into a vast net- Lygodium on tree islands in the grants on a peer-reviewed, competitive

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For control projects, we estab- (6) The cost of the backlog of harmful non- owned, leased, managed through easement or lish numerous criteria that give pri- native species control projects that need to cooperative agreement, or otherwise man- ority to efforts that aid threatened and be carried out in the National Wildlife Ref- aged by the by the Federal Government endangered species, encourage in- uge System is over $361,000,000, and the fail- through the United States Fish and Wildlife ure to carry out such projects threatens the Service and located within the National creased coordination among Federal, ability of the System to fulfill its basic mis- Wildlife Refuge System administered under State, and local agencies, nongovern- sion. the National Wildlife Refuge Administration mental groups, and private entities, (b) PURPOSE.—The purpose of this Act is to Act of 1966 (16 U.S.C. 668dd et seq.), including and that contain a comprehensive plan encourage partnerships among the United any waterfowl production area. to prevent reintroduction of target spe- States Fish and Wildlife Service, other Fed- (8) SECRETARY.—The term ‘‘Secretary’’ cies. All projects include monitoring eral agencies, States, Indian tribes, and means the Secretary of the Interior, acting and reporting elements, with oversight other interests for the following objectives: through the Director of the United States Fish and Wildlife Service. provided by the Fish and Wildlife Serv- (1) To protect, enhance, restore, and manage a diversity of habitats for native fish and (9) STATE.—The term ‘‘State’’ means each ice. These provisions will help ensure wildlife resources within the National Wild- of the several States of the United States, that we achieve the greatest return on life Refuge System through monitoring and the District of Columbia, the Commonwealth our investments to restore and main- management of harmful nonnative species, of Puerto Rico, the Virgin Islands, Guam, tain native habitat in the National including control of harmful nonnative plant American Samoa, the Commonwealth of the Wildlife Refuge System. species. Northern Mariana Islands, any other terri- The assessments and control projects (2) To promote the development of vol- tory or possession of the United States, and any Indian tribe. authorized by the REPAIR Act will untary State assessments to establish prior- SEC. 4. REFUGE ECOLOGY PROTECTION, ASSIST- most certainly be of benefit to native ities for controlling harmful nonnative plant and animal species that threaten or nega- ANCE, AND IMMEDIATE RESPONSE wildlife living in and around our ref- tively impact refuge resources. (REPAIR) GRANT PROGRAM. (a) IN GENERAL.—The Secretary may pro- uges, including the numerous threat- (3) To promote greater cooperation among vide— ened and endangered species that we Federal, State, and local land and water (1) a grant to any eligible applicant to have worked hard to protect. The res- managers, and owners of private land, water carry out a qualified plant control project in rights, or other interests, to implement eco- toration and preservation of native accordance with this section; and logically based strategies to eradicate, miti- habitats and wildlife provided by the (2) a grant to any State to carry out an as- REPAIR Act will also benefit the 37 gate, and control harmful nonnative plant sessment project consistent with relevant million people who visit our refuges species that threaten or negatively impact State plans that have been developed in refuge resources through a voluntary and in- whole or in part for the conservation of na- each year and take advantage of fish- centive-based financial assistance grant pro- ing, hunting, and other recreational tive fish, wildlife, and their habitats, and in gram. accordance with this section, to— and educational opportunities that (4) To establish an immediate response ca- these special places provide. (A) identify harmful nonnative plant and pability to combat incipient harmful non- animal species that occur in the State that In closing, I would like to recognize native plant species invasions. threaten or negatively impact refuge re- the efforts of Congressman RON KIND of SEC. 3. DEFINITIONS. sources; Wisconsin, who introduced and cham- For the purposes of this Act: (B) assess the needs to restore, manage, or pioned the REPAIR Act in the U.S. (1) APPROPRIATE COMMITTEES.—The term enhance native fish and wildlife and their House of Representatives. The House ‘‘appropriate Committees’’ means the Com- natural habitats and processes in the State passed this important legislation in Oc- mittee on Natural Resources of the House of to compliment activities to control, miti- Representatives and the Committee on Envi- gate, or eradicate harmful nonnative plant tober of last year. I hope that we can ronment and Public Works of the Senate. find a way for the companion measure and animal species negatively impacting ref- (2) CONTROL.—The term ‘‘control’’ means, uge resources; that I introduced today to pass the as appropriate, eradicating, suppressing, re- (C) identify priorities for actions to ad- Senate and become the law of the land. ducing, or managing harmful nonnative spe- dress such needs; I look forward to working with Chair- cies from areas where they are present; tak- (D) identify mechanisms to increase capac- man BOXER and the other members of ing steps to detect early infestations on at- ity building in a State or across State lines the Senate Committee on Environment risk native habitats; and restoring native to conserve and protect native fish and wild- and Public Works to debate this impor- species and habitats to reduce the effects of life and their habitats and to detect and con- harmful nonnative species. tant legislation. trol harmful nonnative plant and animal spe- (3) ENVIRONMENTAL SOUNDNESS.—The term Mr. President, I ask unanimous con- cies that might threaten or negatively im- ‘‘environmental soundness’’ means the ex- pact refuge resources within the State; and sent that the text of the bill be printed tent of inclusion of methods, efforts, actions, (E) incorporate, where applicable and to in the RECORD. or programs to prevent or control infesta- the extent consistent with this Act, the There being no objection, the text of tions of harmful nonnative species, that— guidelines of the National Management the bill was ordered to be printed in (A) minimize adverse impacts to the struc- Plan. the RECORD, as follows: ture and function of an ecosystem and ad- The grant program under this section shall S. 3366 verse effects on nontarget species and eco- be known as the ‘‘Refuge Ecology Protec- systems; and tion, Assistance, and Immediate Response Be it enacted by the Senate and House of Rep- (B) emphasize integrated management resentatives of the United States of America in Grant Program’’ or the ‘‘REPAIR Program’’. techniques. (b) FUNCTIONS OF THE SECRETARY.— Congress assembled, (4) HARMFUL NONNATIVE SPECIES.—The term (1) IN GENERAL.—The Secretary shall— SECTION 1. SHORT TITLE. ‘‘harmful nonnative species’’ means, with re- (A) publish guidelines for and solicit appli- This Act may be cited as the ‘‘Refuge Ecol- spect to a particular ecosystem in a par- cations for grants under this section not ogy Protection, Assistance, and Immediate ticular region, any species, including its later than 6 months after the date of enact- Response Act’’. seeds, eggs, spores, or other biological mate- ment of this Act; and SEC. 2. FINDINGS AND PURPOSE. rial capable of propagating that species, that (B) receive, review, evaluate, and approve (a) FINDINGS.—Congress finds the fol- is not native to that ecosystem and has a de- applications for grants under this section. lowing: monstrable or potentially demonstrable neg- (2) DELEGATION OF AUTHORITY.—The Sec- (1) The National Wildlife Refuge System is ative environmental or economic impact in retary may delegate to another Federal in- the premier land conservation system in the that region. strumentality the authority of the Secretary world. (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ under this section, other than the authority (2) Harmful nonnative species are the lead- has the meaning given that term in section to approve applications for grants and make ing cause of habitat destruction in national 4 of the Indian Self-Determination and Edu- grants. wildlife refuges. cation Assistance Act (25 U.S.C. 450b). (c) ELIGIBLE APPLICANT.—To be an eligible (3) More than 675 known harmful nonnative (6) NATIONAL MANAGEMENT PLAN.—The term applicant for purposes of subsection (a)(1), an species are found in the National Wildlife ‘‘National Management Plan’’ means the applicant shall— Refuge System. management plan referred to in section 5 of (1) be a State, local government, interstate (4) Nearly 8,000,000 acres of the National Executive Order No. 13112 of February 3, 1999, or regional agency, university, conservation Wildlife Refuge System contain harmful and entitled ‘‘Meeting the Invasive Species organization, or private person; nonnative species. Challenge’’. (2) have adequate personnel, funding, and (5) The cost of early identification and re- (7) REFUGE RESOURCES.—The term ‘‘refuge authority to carry out and monitor or main- moval of harmful nonnative species is dra- resources’’ means all land and water, includ- tain a control project; and matically lower than removing an estab- ing the fish and wildlife species and the eco- (3) have entered into an agreement with lished invasive population. systems and habitats therein, that are the Secretary or a designee of the Secretary,

VerDate Aug 31 2005 03:20 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.069 S30JYPT1 jbell on PROD1PC69 with SENATE S7784 CONGRESSIONAL RECORD — SENATE July 30, 2008 for a national wildlife refuge or refuge com- (J) Whether a project includes a com- grant under this section that is carried out plex. prehensive plan to prevent reintroduction of on national wildlife refuge lands or waters, (d) QUALIFIED CONTROL PROJECT.— harmful nonnative plant species controlled including the cost of acquisition by the Fed- (1) IN GENERAL.—To be a qualified control by the project. eral Government of lands or waters for use project under this section, a project shall— (e) DISTRIBUTION OF CONTROL GRANT for such a project, shall be 100 percent. (A) control harmful nonnative plant spe- AWARDS.—In making grants for control (4) APPLICATION OF IN-KIND CONTRIBU- cies on the lands or waters on which it is projects under this section the Secretary TIONS.—The Secretary may apply to the non- conducted; shall, to the greatest extent practicable, en- Federal share of costs of a control project (B) include a plan for monitoring the sure— carried out with a grant under this section project area and maintaining effective con- (1) a balance of smaller and larger projects the fair market value of services or any trol of harmful nonnative plant species after conducted with grants under this section; other form of in-kind contribution to the the completion of the project, that is con- and project made by non-Federal interests that sistent with standards for monitoring devel- (2) an equitable geographic distribution of the Secretary determines to be an appro- oped under subsection (i); projects carried out with grants under this priate contribution equivalent to the mone- (C) be conducted in partnership with a na- section, among all regions and States within tary amount required for the non-Federal tional wildlife refuge or refuge complex; which such projects are proposed to be con- share of the activity. (D) be conducted on land or water, other ducted. (5) DERIVATION OF NON-FEDERAL SHARE.— than national wildlife refuge land or water, (f) GRANT DURATION.— The non-Federal share of the cost of a con- (1) IN GENERAL.—Each grant under this sec- that, for purposes of carrying out the trol project carried out with a grant under tion shall be to provide funding for the Fed- project, are under the control of the eligible this section may not be derived from a Fed- eral share of the cost of a project carried out applicant applying for the grant under this eral grant program or other Federal funds. section, on land or water on which the eligi- with the grant for up to 2 fiscal years. (i) MONITORING AND MAINTENANCE OF CON- ble applicant has permission to conduct the (2) RENEWAL.— TROL GRANT PROJECTS.— project, or on adjacent national wildlife ref- (A) IN GENERAL.—If the Secretary, after re- (1) REQUIREMENTS.—The Secretary shall de- uge land or water administered by the viewing the reports under subsection (g) re- velop requirements for the monitoring and United States Fish and Wildlife Service regarding a control project, finds that the maintenance of a control project to ensure ferred to in subparagraph (C); and project is making satisfactory progress, the that the requirements under subparagraphs (E) encourage public notice and outreach Secretary may renew a grant under this sec- (A) and (B) of subsection (d)(1) are achieved. on control project activities in the affected tion for the project for an additional 3 fiscal community. years. (2) DATABASE OF GRANT PROJECT INFORMA- TION.—The Secretary shall develop and main- (2) OTHER FACTORS FOR SELECTION OF (B) MONITORING AND MAINTENANCE PLAN.— tain an appropriate database of information PROJECTS.—In ranking qualified control The Secretary may renew a grant under this projects, the Director may consider the fol- section to implement the monitoring and concerning control projects carried out with lowing: maintenance plan required for a control grants under this subsection, including infor- (A) The extent to which a project would project under subsection (d)(1)(B) for up to 5 mation on project techniques, project com- address the operational and maintenance fiscal years after the project is otherwise pletion, monitoring data, and other relevant backlog attributed to harmful nonnative completed. information. plant species on refuge resources. (g) REPORTING BY GRANTEE.— (3) USE OF EXISTING PROGRAMS.—The Sec- (B) Whether a project will encourage in- (1) CONTROL PROJECTS; ASSESSMENT retary shall use existing programs within creased coordination and cooperation among PROJECTS.— the Department of the Interior to create and one or more Federal agencies and State or (A) CONTROL PROJECTS.—A grantee car- maintain the database required under this local government agencies or nongovern- rying out a control project with a grant subsection. mental or other private entities to control under this section shall report to the Sec- (4) PUBLIC AVAILABILITY.—The Secretary harmful nonnative plant species threatening retary every 24 months or at the expiration shall make the information collected and or negatively impacting refuge resources. of the grant, whichever is of shorter dura- maintained under this subsection available (C) Whether a project fosters public-pri- tion. to the public. vate partnerships and uses Federal resources (B) ASSESSMENT PROJECTS.—A State car- (j) REPORTING BY THE SECRETARY.— to encourage increased private sector in- rying out an assessment project with a grant (1) IN GENERAL.—The Secretary shall, by volvement, including consideration of the under this section shall submit the assess- not later than 3 years after the date of the amount of private funds or in-kind contribu- ment pursuant to subsection (a)(2) to the enactment of this Act and biennially there- tions to control harmful nonnative species or Secretary no later than 24 months after the after in the report under section 8, report to national wildlife refuge lands or non-Federal date on which the grant is awarded. the appropriate Committees on the imple- lands in proximity to refuge resources. (2) REPORT CONTENTS.—Each report under mentation of this section. (D) The extent to which a project would this subsection shall include the following (2) REPORT CONTENTS.—A report under aid the conservation of species that are list- information with respect to each project cov- paragraph (1) shall include an assessment ed under the Endangered Species Act of 1973 ered by the report: of— (16 U.S.C. 1531 et seq.). (A) In the case of a control project— (A) trends in the population size and dis- (E) The extent to which a project would aid (i) the information described in subpara- tribution of harmful nonnative plant species the conservation of— graphs (B), (D), and (F) of subsection (j)(2); in the project area for each control project (i) species listed by the United States Fish (ii) specific information on the methods carried out with a grant under this section, and Wildlife Service as birds of management and techniques used to control harmful non- and in the adjacent areas as defined by the concern; and native plant species in the project area; and Secretary; (ii) species identified by the Director of the (iii) specific information on the methods (B) data on the number of acres of refuge United States Fish and Wildlife Service as and techniques used to restore native fish, resources and native fish and wildlife habitat imperiled or at-risk species. wildlife, or their habitats in the project area. restored, protected, or enhanced under this (F) The extent to which a project would aid (B) A detailed report of the funding for the section, including descriptions of, and part- the conservation of species identified as a grant and the expenditures made. ners involved with, control projects selected, ‘‘Species of Greatest Conservation Need’’ in (3) INTERIM UPDATE.—Each grantee under in progress, and completed under this sec- a comprehensive wildlife conservation plan paragraph (1)(A) shall also submit annually tion; developed under the State wildlife grants to the Secretary a brief synopsis and chrono- (C) trends in the population size and dis- program. logical list of projects showing progress as a tribution in the project areas of native spe- (G) The extent to which a project would percentage of completion and use of awarded cies targeted for restoration, and in areas in contribute to the restoration and protection funds. proximity to refuge resources as defined by of terrestrial, freshwater aquatic, estuarine, (h) COST SHARING FOR PROJECTS.— the Secretary; coastal, and marine ecosystems, such as the (1) FEDERAL SHARE.—Except as provided in (D) an estimate of the long-term success of Everglades, the Great Lakes, and the Mis- paragraphs (2) and (3), the Federal share of varying conservation techniques used in car- sissippi River, that are determined to be pri- the cost of a project carried out with a grant rying out control projects with grants under orities by the Director of the United States under this section shall not exceed 75 percent this section; Fish and Wildlife Service. of such cost. (E) an assessment of the status of control (H) Whether a project includes pilot test- (2) INNOVATIVE TECHNOLOGY COSTS.—The projects carried out with grants under this ing or a demonstration of an innovative Federal share of the incremental additional section, including an accounting of expendi- technology having the potential for im- cost of including in a control project any tures by the United States Fish and Wildlife proved cost-effectiveness and reduced envi- pilot testing or a demonstration of an inno- Service, State, regional, and local govern- ronmental risks when controlling harmful vative technology described in subsection ment agencies, and other entities to carry nonnative plant species. (d)(2)(H) shall be 85 percent. out such projects; (I) The extent to which a project minimizes (3) PROJECTS ON REFUGE LANDS OR WA- (F) a review of the environmental sound- adverse impacts of control methods on eco- TERS.—The Federal share of the cost of the ness of the control projects carried out with systems affected by the project. portion of a control project funded with a grants under this section;

VerDate Aug 31 2005 03:20 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.076 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7785 (G) a review of efforts made to maintain an tion shall include 1 of the following activi- ating access to health care for those in appropriate database of grants under this ties: need in Washington County, OR. section; and (1) Habitat surveys. Maria Loredo is the chief operating (H) a review of the geographical distribu- (2) Detection and identification of new in- tion of Federal money, matching funds, and troductions or infestations of harmful non- officer for the Virginia Garcia Memo- in-kind contributions for control projects native plant and animal species. rial Health Center, named for a 6-year- carried out with grants under this section. (3) Harmful nonnative plant species control old migrant farmworker girl who (k) COOPERATION OF NON-FEDERAL INTER- projects. moved from Mission, TX, to work with ESTS.—The Secretary may not make a grant (4) Public education and outreach to in- her family in Washington County’s under this section for a control project on crease awareness concerning harmful non- strawberry harvest. Tragically, Vir- national wildlife refuge lands or lands in native species and their threat to the refuge ginia Garcia died from a simple foot proximity to refuge resources before a non- system. wound, but her death inspired a com- Federal interest has entered into a written SEC. 7. RELATIONSHIP TO OTHER AUTHORITIES. agreement with a national wildlife refuge or mitted group of individuals to improve (a) AUTHORITIES, ETC. OF SECRETARY.— refuge complex under which the non-Federal health care access in the community. Nothing in this Act affects authorities, re- interest agrees to— sponsibilities, obligations, or powers of the Like 6-year-old Virginia Garcia, (1) monitor and maintain the control Secretary under any other statute. Maria Loredo also hails from Mission, project in accordance with the plan required (b) STATE AUTHORITY.—Nothing in this Act TX, and as a young person worked with under subsection (d)(1)(B); and preempts any provision or enforcement of her family throughout Texas following (2) provide any other items of cooperation State statute or regulation relating to the the Secretary considers necessary to carry crops. Eventually the family migrated management of fish and wildlife resources to Oregon and settled there in 1966. out the project. within such State. SEC. 5. CREATION OF AN IMMEDIATE RESPONSE Maria began her work with the fledg- SEC. 8. BIENNIAL REPORT. CAPABILITY TO HARMFUL NON- ling Virginia Garcia Clinic in 1978 when Not later than 2 years after the date of en- NATIVE SPECIES. it was only 3 years old. Her own experi- (a) ESTABLISHMENT.—The Secretary may actment of this Act and biennially there- provide financial assistance for a period of after, the Secretary shall prepare and submit ence as a migrant worker has helped not more than 3 fiscal years to enable an im- to Congress and the National Invasive Spe- her develop the programs and services mediate response to outbreaks of harmful cies Council— of the clinic so that they are most ef- nonnative plant species that threaten or (1) a comprehensive report summarizing all fective in reaching the farmworker may negatively impact refuge resources that grant activities relating to invasive species community. are at a stage at which rapid eradication or initiated under this Act including— Maria has been instrumental in grow- (A) State assessment projects; control is possible, and ensure eradication or ing the health center from a clinic op- immediate control of the harmful nonnative (B) qualified control projects; plant species. (C) immediate response activities; and erating out of a three-car garage to an (b) REQUIREMENTS FOR ASSISTANCE.—The (D) projects identified in the Refuge Oper- organization with four primary care Secretary, after consulting with the Gov- ations Needs database or the Service Asset clinics serving over 30,000 people in ernor of the State, shall provide assistance and Maintenance Management System data- Washington and Yamhill Counties, OR. under this section to local and State agen- base of the United States Fish and Wildlife Her commitment to the community cies, universities, or nongovernmental enti- Service; has enabled the organization to develop ties for the eradication of an immediate (2) a list of grant priorities, ranked in high, a farmworker outreach program that harmful nonnative plant species threat only medium, and low categories, for future grant if— activities in the areas of— operates from a mobile clinic and pro- (1) there is a demonstrated need for the as- (A) early detection and rapid response; vides medical and dental services in sistance; (B) control, management, and restoration; over 20 migrant camps throughout the (2) the harmful nonnative plant species is (C) research and monitoring; region. considered to be an immediate threat to ref- (D) information management; and In her role as chief operating officer, uge resources, as determined by the Sec- (E) public outreach and partnership efforts; Maria has helped establish clinics in retary; and and McMinnville, Hillsboro, and Beaverton (3) the proposed response to such threat— (3) information required to be included serving a diverse community that in- (A) is technically feasible; and under section 4(k). cludes patients who not only speak (B) minimizes adverse impacts to the SEC. 9. AUTHORIZATION OF APPROPRIATIONS. English and Spanish, but Vietnamese, structure and function of national wildlife (a) IN GENERAL.—There are authorized to refuge ecosystems and adverse effects on be appropriated to carry out this Act such Russian, Swahili, Chinese, and Farsi. nontarget species. sums as may be necessary. She has helped Virginia Garcia de- (c) AMOUNT OF FINANCIAL ASSISTANCE.—The (b) ALLOWANCE FOR IMMEDIATE RESPONSE.— velop critically needed dental, phar- Secretary shall determine the amount of fi- Of the amounts appropriated to carry out macy, and behavioral health care with nancial assistance to be provided under this this Act no more than 25 percent shall be section with respect to an outbreak of a an integrated approach to health care available in any fiscal year for financial as- delivery that always remains sensitive harmful nonnative species, subject to the sistance under section 5. availability of appropriations. to the language and cultural back- (c) CONTINUING AVAILABILITY.—Amounts (d) COST SHARE.—The Federal share of the appropriated under this Act may remain ground of the patients. Most recently, cost of any activity carried out with assist- available until expended. Maria has helped pave the way to a ance under this section may be up to 100 per- (d) ADMINISTRATIVE EXPENSES.—Of new access point at the Tigard School cent. amounts available each fiscal year to carry (e) MONITORING AND REPORTING.—The Sec- Based Clinic and also to the implemen- retary shall require that persons receiving out this Act, the Secretary may expend not tation of electronic health records. assistance under this section monitor and re- more than 3 percent or up to $100,000, which- While working full-time developing port on activities carried out with assistance ever is greater, to pay the administrative expenses necessary to carry out this Act. Virginia Garcia’s programs, Maria under this section in accordance with the re- found time to pursue her education and quirements that apply with respect to con- graduated with her B.A. from Portland trol projects carried out with assistance By Mr. SMITH (for himself, Mr. under section 4. WYDEN, Mr. INOUYE, Mr. TEST- State University in 2003. Once a mi- SEC. 6. COOPERATIVE VOLUNTEER HARMFUL ER, Mr. SANDERS, Mr. grant worker, she has gone on to not NONNATIVE SPECIES MONITORING BARRASSO, and Mr. COCHRAN): only serve her community, but inspire AND CONTROL PROGRAM. S. 3367. A bi11 to amend title XVIII of others to achieve a better, healthier (a) IN GENERAL.—Consistent with the Na- life for themselves and their children. tional Wildlife Refuge System Volunteer and the Social Security Act to revise the Community Partnership Enhancement Act timeframe for recognition of certain Because she has dedicated the last 30 of 1998 (Public Law 105–242), the Secretary designations in certifying rural health years of her life to the mission of the shall establish a cooperative volunteer moni- clinics under the Medicare program; to Virginia Garcia Memorial Health Cen- toring and control program to administer the Committee on Finance. ter and made a significant difference in and coordinate projects implemented by Mr. SMITH. Mr. President, I rise the lives of so many, I recognize her as partner organizations concerned with na- today to recognize an outstanding an Oregon health care hero and thank tional wildlife refuges to address harmful health care hero from Oregon, Maria her for her ongoing work. nonnative species that threaten national wildlife refuges or adjacent lands. Loredo. Through her hard work and Mr. President, I ask unanimous con- (b) ELIGIBLE ACTIVITIES.—Each project ad- tireless dedication to her community, sent that the text of the bill be printed ministered and coordinated under this sec- Maria has played a critical role in cre- in the RECORD.

VerDate Aug 31 2005 03:35 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.076 S30JYPT1 jbell on PROD1PC69 with SENATE S7786 CONGRESSIONAL RECORD — SENATE July 30, 2008 There being no objection, the text of Think of tourism in Florida, or insur- amended by inserting after section 174 the the bill was ordered to be printed in ance in Connecticut, or food packaging following: the RECORD as follows: in Pennsylvania. These are successful ‘‘SEC. 174A. INDUSTRY OR SECTOR PARTNERSHIP GRANT PROGRAM. S. 3367 clusters that build around a skilled labor force. ‘‘(a) PURPOSE.—It is the purpose of this Be it enacted by the Senate and House of Rep- section to create designated capacity to pro- resentatives of the United States of America in The Ohio Workforce Board has com- piled great information about emerg- mote industry or sector partnerships that Congress assembled, lead collaborative planning, resource align- SECTION 1. REVISION OF THE TIMEFRAME FOR ing industries and skills programs ment, and training efforts across multiple THE RECOGNITION OF CERTAIN needed to see people fill these jobs. firms for a range of workers employed or po- DESIGNATIONS IN CERTIFYING Ohio Governor Ted Strickland and RURAL HEALTH CLINICS UNDER tentially employed by a targeted industry THE MEDICARE PROGRAM. Chancellor Eric Fingerhut are giving cluster, in order to encourage industry (a) IN GENERAL.—The second sentence of workforce training a high priority. growth and competitiveness and to improve section 1861(aa)(2) of the Social Security Act This bill complements those efforts, worker training, retention, and advancement (42 U.S.C. 1395x(aa)(2)) is amended by strik- and builds on great examples of cluster in targeted industry clusters, including by ing ‘‘3-year period’’ and inserting ‘‘4-year pe- partnerships around the country. developing— riod’’ in the matter in clause (i) preceding The National Governors Association ‘‘(1) immediate strategies for regions and subclause (I). has been promoting this model, and it communities to fulfill pressing skilled work- (b) EFFECTIVE DATE.—The amendment really will be the way we successfully force needs; ‘‘(2) long-term plans to grow targeted in- made by subsection (a) shall take effect on train our workers and promote re- the date of the enactment of this Act. dustry clusters with better training and a gional economic development. more productive workforce; Nobody wants lack of training to be By Mr. BROWN (for himself and ‘‘(3) core competencies and competitive ad- the constraint on Ohio’s economic Ms. SNOWE): vantages for regions and communities under- S. 3368. A bill to promote industry growth. going structural economic redevelopment; So the SECTORS Act focuses on tar- and growth and competitiveness and to im- geted training, with multiple stake- ‘‘(4) cross-firm skill standards, career lad- prove worker training, retention, and holders in the same industry. The bill ders, job redefinitions, employer practices, advancement, and for other purposes; right now requires four principal stake- and shared training and support capacities to the Committee on Health, Edu- holders to be part of a training pro- that facilitate the advancement of workers cation, Labor, and Pensions. at all skill levels. gram: industry, labor unions, work- Mr. BROWN. Mr. President, today, ‘‘(b) DEFINITIONS.—In this section: force investment boards, and commu- Senator SNOWE of Maine and I are in- ‘‘(1) CAREER LADDER.—The term ‘career nity colleges. ladder’ means an identified series of posi- troducing a workforce development We want to build in a process that bill—the Strengthening Employment tions, work experiences, and educational makes a training program sustainable benchmarks or credentials that offer occupa- Clusters to Organize Regional Success, and not just a one-time infusion of tional and financial advancement within a or SECTORS Act. money. With that in mind, Senator specified career field or related fields over Over the last 16 months, I have held SNOWE and I have written in our bill a time. 110 roundtable discussions in commu- CONOMIC SELF SUFFICIENCY matching funds requirement. ‘‘(2) E - .—The nities all over Ohio. The legislation builds in rigorous term ‘economic self-sufficiency’ means, with One of the themes that have recurred respect to a worker, earning a wage suffi- evaluation so lawmakers and policy- cient to support a family adequately, based in the roundtables—from workers and makers know how tax dollars are being employers, business and labor, teachers on factors such as— spent, something that has not been the ‘‘(A) family size; and professors—is that we need to do a cause under President Bush’s Depart- ‘‘(B) the number and ages of children in the better job connecting workers with the ment of Labor’s training initiatives. family; middle and high skills needed for ca- The Government Accountability Of- ‘‘(C) the cost of living in the worker’s com- reers that are growing in Ohio. fice found in May 2008 that the Labor munity; and Today, Ohio has an unemployment Department’s demand-driven work- ‘‘(D) other factors that may vary by re- rate above the national average. It was force training programs have often gion. 6.3 percent in June. ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible been awarded through a non-competi- entity’ means— Between 2000 and 2007, Ohio experi- tive process, and have lacked account- enced a 24.3 percent drop in manufac- ‘‘(A) an industry or sector partnership; or ability and evaluation so that Ameri- ‘‘(B) an eligible State agency. turing employment, shedding nearly cans know how their tax dollars are ‘‘(4) ELIGIBLE STATE AGENCY.—The term ‘el- 230,000 jobs. Overall employment being spent. igible State agency’ means a State agency dropped by nearly 3.6 percent in the We need to break clean from this ap- designated by the Governor of the State for same time period. proach. I plan to work with Senator the purposes of the grant program under this section. That said, employers throughout the SNOWE and colleagues in both chambers state talk about jobs gone begging, and ‘‘(5) HIGH-PRIORITY OCCUPATION.—The term to authorize an industry clusters skills ‘high-priority occupation’ means an occupa- not being able to fill middle and high training program that builds in ac- skilled positions. There are open jobs tion that— countability and sustainability, and ‘‘(A) has a significant presence in an indus- in high-tech, healthcare, and even helps workers and businesses thrive in try cluster; manufacturing that are going unfilled. Ohio, Maine, and throughout the coun- ‘‘(B) is in demand by employers; A recent report by labor economists try. ‘‘(C) pays family-sustaining wages that en- Harry Holzer and Robert Lerman found Mr. President, I ask unanimous con- able workers to achieve economic self-suffi- that substantial demand remains in to- sent that the text of the bill be printed ciency, or can reasonably be expected to lead to such wages; day’s labor market for skilled workers. in the RECORD. This is particularly true for ‘‘middle- There being no objection, the text of ‘‘(D) has a documented career ladder; and skill’’ jobs that require more than a ‘‘(E) has a significant impact on a region’s the bill was ordered to be printed in economic development strategy. high school degree but less than a 4- the RECORD, as follows: ‘‘(6) HIGH ROAD EMPLOYER.—The term ‘high year college degree. These jobs make S. 3368 road employer’ means an employer inter- up nearly half of America’s labor mar- Be it enacted by the Senate and House of Rep- ested in advancing workers through proc- ket and provide good compensation for resentatives of the United States of America in esses and investments in education, training, workers. Congress assembled, and research and development. The approach Senator SNOWE and I SECTION 1. SHORT TITLE. ‘‘(7) INDUSTRY CLUSTER.—The term ‘indus- take in this bill is to organize training This Act may be cited as the ‘‘Strength- try cluster’ means a concentration of inter- around industry clusters. ening Employment Clusters to Organize Re- connected businesses, suppliers, service pro- Silicon Valley, the Research Triangle gional Success Act of 2008’’ or the ‘‘SEC- viders, and associated institutions in a par- TORS Act of 2008’’. ticular field that are linked by common in North Carolina, Route 128 around SEC. 2. INDUSTRY OR SECTOR PARTNERSHIP workforce needs. Boston—these are examples of clusters. GRANT. ‘‘(8) INDUSTRY OR SECTOR PARTNERSHIP.— But it is not just high tech jobs ei- Subtitle D of title I of the Workforce In- The term ‘industry or sector partnership’ ther. vestment Act of 1998 (29 U.S.C. 2911 et seq.) is means a workforce collaborative that—

VerDate Aug 31 2005 03:35 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.070 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7787 ‘‘(A) organizes key stakeholders in a tar- ject to the requirements of this section, ex- ‘‘(v) Demonstrated importance of the targeted industry cluster into a working group cept that the Secretary shall— geted industry cluster to the area’s econ- that focuses on the human capital needs of a ‘‘(i) prioritize renewals to eligible entities omy. targeted industry cluster and that includes, that can demonstrate the long-term sustain- ‘‘(vi) Workforce development needs. at the appropriate stage of development of ability of an industry or sector partnership ‘‘(2) APPLICATION.—An eligible entity desir- the partnership— funded under this section; ing to receive a grant under this section ‘‘(i) representatives of multiple firms or ‘‘(ii) as a condition of renewing the grant, shall submit an application to the Secretary employers, including workers, in a targeted and notwithstanding subsection (d), decrease at such time, in such manner, and con- industry cluster, including small- and me- the amount of the Federal share and increase taining such information as the Secretary dium-sized employers when practicable; the amount of the non-Federal share re- may require. An application submitted under ‘‘(ii) 1 or more representatives of State quired for the grant, which must include at this paragraph shall contain, at a minimum, labor organizations or central labor coali- least a 25 percent cash match from the State, the following: tions; the industry cluster, or some combination ‘‘(A) A description of the eligible entity, ‘‘(iii) 1 or more representatives of local thereof; and evidence of the eligible entity’s capacity to boards; ‘‘(iii) require assurances that the eligible carry out activities in support of the stra- ‘‘(iv) 1 or more representatives of postsec- entity will leverage, each year, additional tegic objectives identified in the application ondary educational institutions or other funding sources in accordance with subpara- under subparagraph (D), and, if the eligible training providers; and graph (D)(ii) than the eligible entity pro- entity is an industry or sector partnership, a ‘‘(v) 1 or more representatives of State vided for the preceding year of the grant. description of the expected participation and workforce agencies or other entities pro- ‘‘(D) FEDERAL AND NON-FEDERAL SHARE.— responsibilities of each of the mandatory viding employment services; and ‘‘(i) FEDERAL SHARE.—Except as provided partners described in subsection (b)(8)(A). ‘‘(B) may include representatives of— in subparagraph (C)(ii), the Federal share of ‘‘(B) A description of the targeted industry ‘‘(i) State or local government; an implementation grant under this section cluster for which the eligible entity intends ‘‘(ii) State or local economic development shall be— to carry out activities through a grant under agencies; ‘‘(I) 90 percent of the costs of the activities this section, and a description of how such ‘‘(iii) other State or local agencies; described in subsection (g), in the first year targeted industry cluster was identified in ‘‘(iv) chambers of commerce; of the grant; accordance with paragraph (1). ‘‘(v) nonprofit organizations; ‘‘(II) 80 percent of such costs in the second ‘‘(C) A description of the workers that will ‘‘(vi) industry associations; and year of the grant; and be targeted or recruited by the partnership, ‘‘(vii) other organizations, as determined ‘‘(III) 70 percent of such costs in the third including an analysis of the existing labor necessary by the members comprising the in- year of the grant. market, a description of potential barriers to dustry or sector partnership. ‘‘(ii) NON-FEDERAL.—The non-Federal share employment for targeted workers, and a de- ‘‘(9) TARGETED INDUSTRY CLUSTER.—The of an implementation grant under this sec- scription of strategies that will be employed term ‘targeted industry cluster’ means an in- tion may be in cash or in-kind, and may to help workers overcome such barriers. dustry cluster that has— come from State, local, philanthropic, pri- ‘‘(D) A description of the strategic objec- ‘‘(A) economic impact in a local or re- vate, or other sources. tives that the eligible entity intends to carry gional area; ‘‘(5) FISCAL AGENT.—Each eligible entity out for the targeted industry cluster, which ‘‘(B) immediate workforce development receiving a grant under this section that is objectives shall include— needs; and an industry or sector partnership shall des- ‘‘(i) recruiting key stakeholders in the tar- ‘‘(C) documented career opportunities. ignate an entity in the partnership as the geted industry cluster, such as businesses ‘‘(c) GRANTS AUTHORIZED.— fiscal agent for purposes of this grant. and employers, labor organizations, industry ‘‘(1) IN GENERAL.—From amounts appro- ‘‘(6) USE OF GRANT FUNDS DURING GRANT PE- associations, local boards, State boards, and priated under subsection (i), the Secretary RIODS.—An eligible entity receiving grant education and training providers, and regu- shall award, on a competitive basis, planning funds under a planning grant, implementa- larly convening the stakeholders in a col- grants described in paragraph (3) and imple- tion grant, or a renewal grant under this sec- laborative structure that supports the shar- mentation grants described in paragraph (4) tion shall expend grant funds or obligate ing of information, ideas, and challenges to eligible entities, to enable the eligible en- grant funds to be expended by the last day of common to the targeted industry cluster; tities to plan and implement, respectively, the grant period. ‘‘(ii) identifying the training needs of mul- the eligible entities’ strategic objectives in tiple businesses, especially skill gaps critical accordance with subsection (f). ‘‘(d) APPLICATION PROCESS.— to competitiveness and innovation to the ‘‘(2) MAXIMUM AMOUNT.— ‘‘(1) IDENTIFICATION OF A TARGETED INDUS- targeted industry cluster; ‘‘(A) PLANNING GRANTS.—A planning grant TRY CLUSTER.—In order to qualify for a grant ‘‘(iii) facilitating economies of scale by ag- awarded under paragraph (3) shall not exceed under this section, an eligible entity shall gregating training and education needs of $250,000. identify a targeted industry cluster that multiple employers; ‘‘(B) IMPLEMENTATION GRANTS.—An imple- could benefit from such grant by— ‘‘(iv) helping postsecondary educational in- mentation grant awarded under paragraph ‘‘(A) working with businesses, industry as- stitutions and training institutions align (4)(A) shall not exceed a total of $2,500,000 for sociations and organizations, labor organiza- curricula and programs to industry demand, a 3-year period. tions, State boards, local boards, economic particularly for higher skill, high-priority ‘‘(C) RENEWAL GRANTS.—A renewal grant development agencies, and other organiza- occupations validated by the industry; awarded under paragraph (4)(C) shall not ex- tions that the eligible entity determines nec- ‘‘(v) ensuring that the State agency that ceed a total of $1,500,000 for a 3-year period. essary, to identify an appropriate targeted administers the Wagner-Peyser Act program ‘‘(3) PLANNING GRANTS.— industry cluster based on criteria that in- shall inform recipients of unemployment in- ‘‘(A) IN GENERAL.—The Secretary may clude, at a minimum— surance and trade adjustment assistance award a planning grant under this section to ‘‘(i) data showing the competitiveness of under chapter 2 or 6 of title II of the Trade an eligible entity that— the industry cluster; Act of 1974 (19 U.S.C. 2271 et seq., 2401 et seq.) ‘‘(i) is a newly formed industry or sector ‘‘(ii) the importance of the industry cluster of the job and training opportunities that partnership; and to the economic development of the area may result from the implementation of this ‘‘(ii) has not received a grant under this served by the eligible entity; grant; section. ‘‘(iii) the identification of supply and dis- ‘‘(vi) informing and collaborating with or- ‘‘(B) DURATION.—A planning grant shall be tribution chains within the industry cluster; ganizations such as youth councils, business- for a duration of 1 year. and education partnerships, apprenticeship pro- ‘‘(4) IMPLEMENTATION GRANTS.— ‘‘(iv) research studies on industry clusters; grams, secondary schools, and postsecondary ‘‘(A) IN GENERAL.—The Secretary may and educational institutions, and with parents award an implementation grant under this ‘‘(B) working with appropriate employ- and career counselors, for the purpose of ad- section to— ment agencies, workforce investment boards, dressing the challenges of connecting dis- ‘‘(i) an eligible entity that has already re- economic development agencies, community advantaged adults as defined in section ceived a planning grant under this section; organizations, and other organizations that 132(b)(1)(B)(v) and disadvantaged youth as or the eligible entity determines necessary to defined in section 127(b) to careers; ‘‘(ii) an eligible entity that is an estab- ensure that the targeted industry cluster ‘‘(vii) helping companies identify, and lished industry or sector partnership. identified under subparagraph (A) should be work together to address, common organiza- ‘‘(B) DURATION.—An implementation grant targeted for investment, based primarily on tional and human resource challenges, such shall be for a duration of not more than 3 the following criteria: as— years, and may be renewed in accordance ‘‘(i) Demonstrated demand for job growth ‘‘(I) recruiting new workers; with subparagraph (C). potential. ‘‘(II) implementing effective workplace ‘‘(C) RENEWAL.—The Secretary may renew ‘‘(ii) Competitiveness. practices; an implementation grant for not more than ‘‘(iii) Employment base. ‘‘(III) retaining dislocated and incumbent 3 years. A renewal of such grant shall be sub- ‘‘(iv) Wages and benefits. workers;

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‘‘(IV) implementing a high-performance eral share under subsection (d), to provide ‘‘(2) TECHNICAL ASSISTANCE AND OVER- work organization; training or supportive services to workers SIGHT.—The Secretary shall provide tech- ‘‘(V) recruiting and retaining women in under the grant program. Such additional nical assistance and oversight to assist the nontraditional occupations; funding sources may include— eligible State and local agencies or eligible ‘‘(VI) adopting new technologies; and ‘‘(i) funding under this title used for such entities in applying for and administering ‘‘(VII) fostering experiential and training and supportive services; grants awarded under this section. The Sec- contextualized on-the-job learning; ‘‘(ii) funding under the Adult Education retary shall also provide technical assistance ‘‘(viii) developing and strengthening career and Family Literacy Act of 1998 (20 U.S.C. to eligible entities in the form of conferences ladders within and across companies (in co- 9201 et seq.); and through the collection and dissemina- operation with labor organizations if the ‘‘(iii) funding under chapter 2 or 6 of title tion of information on best practices devel- labor organizations represent employees en- II of the Trade Act of 1974 (19 U.S.C. 2271 et oped by eligible partnerships. The Secretary gaged in similar work in the industry clus- seq.); may award a grant or contract to 1 or more ter), in order to enable dislocated, incum- ‘‘(iv) economic development funding; national or State organizations to provide bent and entry-level workers to improve ‘‘(v) employer contributions to training technical assistance to foster the planning, skills and advance to higher-wage jobs; initiatives; or formation, and implementation of industry ‘‘(ix) improving job quality through im- ‘‘(vi) providing employees with employee cluster partnerships. proving wages, benefits, and working condi- release time for such training or supportive ‘‘(3) PERFORMANCE MEASURES.—The Sec- tions; services. retary shall issue a range of performance ‘‘(x) helping partner companies in industry ‘‘(e) AWARD BASIS.— measures, with quantifiable benchmarks, or sector partnerships to attract potential ‘‘(1) GEOGRAPHIC DISTRIBUTION.—The Sec- and methodologies that eligible entities may employees from a diverse job seeker base, in- retary shall award grants under this section use to evaluate the effectiveness of each type cluding individuals with barriers to employ- in a manner to ensure geographic diversity. of activity in making progress toward the ment (such as job seekers who are economi- ‘‘(2) PRIORITIES.—In awarding grants under strategic objectives described in subsection cally disadvantaged, youth, older workers, this section, the Secretary shall give pri- (d)(2)(D). Such measures shall consider the and individuals who have completed a term ority to eligible entities that— benefits of the industry or sector partnership of imprisonment), by identifying such bar- ‘‘(A) work with high road employers within and its activities for workers, firms, indus- riers through analysis of the existing labor a targeted industry cluster to retain and ex- market and implementing strategies to help tries, and communities. pand employment in high wage, high growth ‘‘(4) DISSEMINATION OF INFORMATION.—The such workers overcome such barriers; and areas; ‘‘(xi) strengthening connections among Secretary shall— ‘‘(B) focus on helping workers move toward ‘‘(A) coordinate the annual review of each businesses in the targeted industry cluster, economic self-sufficiency and ensuring the leading to cooperation beyond workforce eligible entity receiving a grant under this workers have access to adequate supportive issues that will improve competitiveness and section and produce an overview report that, services; job quality, such as joint purchasing, market at a minimum, includes— ‘‘(C) address the needs of firms with lim- research, or centers for technology and inno- ‘‘(i) the critical learning of each industry ited human resources or in-house training vation. or sector partnership, such as— capacity, including small- and medium-sized ‘‘(E) A description of the manner in which ‘‘(I) the training that was most effective; firms; and the eligible entity intends to make sustain- ‘‘(II) the human resource challenges that ‘‘(D) coordinate with entities carrying out able progress toward the strategic objectives were most common; State and local workforce investment, eco- described in subparagraph (D). ‘‘(III) how technology is changing the tar- nomic development, and education activi- ‘‘(F) Performance measures, with quantifi- geted industry cluster; and able benchmarks, for measuring progress to- ties. ‘‘(IV) the changes that may impact the tar- ward the strategic objectives. Such measures ‘‘(f) ACTIVITIES.— geted industry cluster over the next 5 years; shall consider, at a minimum, the benefits ‘‘(1) IN GENERAL.—An eligible entity receiv- and provided by the grant activities funded under ing a grant under this section shall carry out ‘‘(ii) a description of what eligible entities this section for— the activities necessary to meet the stra- serving similar targeted industry clusters ‘‘(i) workers employed in the targeted in- tegic objectives described in the entity’s ap- consider exemplary practices, such as— dustry cluster, disaggregated by gender and plication in a manner that— ‘‘(I) how to work effectively with postsec- race, including— ‘‘(A) integrates services and funding ondary educational institutions; ‘‘(I) the number of workers receiving port- sources in a way that enhances the effective- ‘‘(II) the use of internships; able industry-recognized credentials; ness of the activities; and ‘‘(III) coordinating with apprenticeships ‘‘(II) the number of workers with increased ‘‘(B) uses grant funds awarded under this and cooperative education programs; wages, the percentage of workers with in- section efficiently. ‘‘(IV) how to work effectively with schools creased wages, and the average wage in- ‘‘(2) ADMINISTRATIVE COSTS.—An eligible providing vocational education; crease; and entity may retain a portion of a grant ‘‘(V) how to work effectively with adult ‘‘(III) for dislocated or nonincumbent awarded under this section for a fiscal year populations, including— workers, the number of workers placed in to carry out the administration of this sec- ‘‘(aa) dislocated workers; sector-related jobs; and tion in an amount not to exceed 10 percent of ‘‘(bb) women in nontraditional occupa- ‘‘(ii) firms and industries in the targeted the grant amount. tions; and industry cluster, including— ‘‘(g) EVALUATION AND PROGRESS REPORTS.— ‘‘(cc) individuals with barriers to employ- ‘‘(I) the creation or updating of an industry ‘‘(1) ANNUAL ACTIVITY REPORT AND EVALUA- ment, such as job seekers who— plan to meet current and future workforce TION.—Not later than 1 year after receiving a ‘‘(AA) are economically disadvantaged; demand; grant under this section, and annually there- ‘‘(BB) have limited English proficiency; ‘‘(II) the creation or updating of published after, an eligible entity shall— ‘‘(CC) require remedial education; industry-wide skill standards or career path- ‘‘(A) report to the Secretary, and to the ‘‘(DD) are older workers; ways; Governor of the State that the eligible enti- ‘‘(EE) are individuals who have completed ‘‘(III) the creation or updating of portable, ty serves, on the activities funded pursuant a sentence for a criminal offense; and industry-recognized credentials, or where to a grant under this section; and ‘‘(FF) have other barriers to employment; there is not such a credential, the creation ‘‘(B) evaluate the progress the eligible en- ‘‘(VI) employer practices that are most ef- or updating of a training curriculum that tity has made toward the strategic objec- fective; can lead to the development of such a cre- tives identified in the application under sub- ‘‘(VII) the types of training that are most dential; section (d)(2)(D), and measure the progress effective; and ‘‘(IV) in the case of an eligible entity that using the performance measures identified in ‘‘(VIII) other areas where industry or sec- is an industry or sector partnership, the the application under subsection (d)(2)(F). tor partnerships can assist each other; number of firms, and the percentage of the ‘‘(2) REPORT TO THE SECRETARY.—An eligi- ‘‘(B) make resource materials, including local industry, participating in the industry ble entity receiving a grant under this sec- all reports published and all data collected or sector partnership; and tion shall submit to the Secretary a report under this section, available on the Internet; ‘‘(V) the number of firms, and the percent- containing the results of the evaluation de- and age of the local industry, receiving workers scribed in subparagraph (B) at such time and ‘‘(C) conduct conferences and seminars to— or services through the grant funded under in such manner as the Secretary may re- ‘‘(i) disseminate information on best prac- this section. quire. tices developed by eligible entities receiving ‘‘(G) A timeline for achieving progress to- ‘‘(h) ADMINISTRATION BY THE SECRETARY.— a grant under this section; and ward the strategic objectives. ‘‘(1) ADMINISTRATIVE COSTS.—The Secretary ‘‘(ii) provide information to the commu- ‘‘(H) In the case of an eligible entity desir- may retain not more than 10 percent of the nities of eligible entities. ing an implementation grant under this sec- funds appropriated pursuant to the author- ‘‘(5) REPORT.—Not later than 18 months tion, an assurance that the eligible entity ization of appropriations under subsection (j) after the date of enactment of this Act, the will leverage other funding sources, in addi- for each fiscal year to administer this sec- Secretary shall transmit a report to Con- tion to the amount required for the non-Fed- tion. gress on the industry or sector partnership

VerDate Aug 31 2005 03:35 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.061 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7789 grant program established by this section. ing programs in public and private postsec- their skills, preparing them for avail- The report shall include a description of— ondary educational institutions, especially able U.S. jobs. This legislation provides ‘‘(A) the eligible entities receiving funding; in occupations critical to such targeted in- a crucial link between establishing ‘‘(B) the activities carried out by the eligi- dustry clusters. worker training programs and fos- ble entities; (4) DEPARTMENT OF HEALTH AND HUMAN ‘‘(C) how the eligible entities were selected SERVICES.—The Secretary of Health and tering new employment opportunities to receive funding under this section; and Human Services shall— for those who have been affected by the ‘‘(D) an assessment of the results achieved (A) develop and support innovative pro- manufacturing industry’s decline. By by the grant program including findings grams that connect qualified individuals re- promoting this innovative partnership from the annual reviews described in para- ceiving assistance under the State tem- we will take a crucial step toward reju- graph (4)(A). porary assistance for needy families program venating our economy. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— funded under part A of title IV of the Social Groups, such as the National Gov- ‘‘(1) IN GENERAL.—There are authorized to Security Act (42 U.S.C. 601 et seq.) with em- ernors Association, the Aspen Insti- ployment opportunities in the targeted in- be appropriated to carry out this section tute, and the National Network of Sec- such sums as may be necessary for fiscal dustry clusters served by a grant under sec- year 2009 and for each succeeding fiscal year. tion 174A of the Workforce Investment Act; tor Partners have promoted and docu- ‘‘(2) AVAILABILITY.—Amounts appropriated (B) develop and support strategies to pre- mented the success of sector partner- pursuant to the authorization of appropria- pare individuals receiving assistance under ships. Throughout the country, sector tions under paragraph (1) for the fiscal year the State temporary assistance for needy partnerships are being used to promote shall remain available until the end of the families programs funded under part A of the long-term competitiveness of in- second fiscal year following the fiscal year in title IV of the Social Security Act (42 U.S.C. dustries and advancing employment which such amounts were first appro- 601 et seq.) for success in postsecondary edu- opportunities. For example, the State cation and training programs; and priated.’’. of Maine has recently created the SEC. 3. FEDERAL AGENCY COORDINATION. (C) develop and support career education initiatives that provide such individuals North Star Alliance Initiative. The al- (a) INTERAGENCY COOPERATION.—The head liance has brought together Maine’s of each Federal department or agency whose with information to guide the clients’ edu- funding, regulations, or other policies im- cation and training plans. boat builders, the University of pact workers shall cooperate with the Sec- Ms. SNOWE. Mr. President, I rise Maine’s Advanced Engineered Wood retary of Labor to— today, with Senator SHERROD BROWN, Composites Centers, Maine’s marine (1) maintain up-to-date information on to introduce the Selecting Employ- and composite trade association, eco- jobs, wages, benefits, skills, and careers of ment Clusters to Organize Regional nomic development groups, and invest- workers impacted by the actions of such Success, SECTORS, Act. This legisla- ment organizations for the purpose of agency or department; tion would amend the Workforce In- advancing workforce training. (2) develop and implement policies that vestment Act of 1998 and establish a Out Nation’s capacity to innovate is would improve the jobs and careers of workers impacted by the actions of such agency new industry or sector partnership a key reason why our economy con- or department; and grant program administered by the De- tinues to grow and remains the envy of (3) report the department or agency’s job partment of Labor. the world. Ideas by innovative Ameri- creation and economic development strate- As Co-Chair of the bipartisan Senate cans in the private and public sector gies to the Secretary. Task Force on Manufacturing, one of have paid enormous dividends, improv- (b) ALIGNMENT.—Notwithstanding any my key goals is to ensure that manu- ing the lives of millions throughout the other provision of law, the Secretary and the facturers are able to find a capable world. We must continue to encourage heads of other Federal departments or agen- workforce. Unfortunately, many manu- all avenues for advancing this vital cies shall work together to align existing facturers across the country have education and training programs with the sector if America is to compete at the raised significant concerns about forefront of innovation. demonstrated needs of industry or sector whether the next generation of workers partnerships, as defined in section 174A(b) of f is being trained to meet the needs of an the Workforce Investment Act. These col- SUBMITTED RESOLUTIONS laborative efforts shall include the following: increasingly high-tech workplace. It is (1) DEPARTMENT OF COMMERCE.—The Sec- critical that we ensure that our Nation retary of Commerce shall advise the Sec- has a sufficient workforce to meet the SENATE RESOLUTION 632—CALL- retary of Labor of the Department of Com- needs of the U.S. manufacturing sector. merce’s workforce and economic develop- This legislation provides grants to ING ON THE GOVERNMENTS OF ment strategies, programs, and initiatives. help industry clusters—which are THE PEOPLE’S REPUBLIC OF (2) JUSTICE DEPARTMENT.—The Attorney interrelated group of businesses, serv- CHINA AND THE INTERNATIONAL General shall— ice providers, and associated institu- COMMUNITY TO USE THE UP- (A) align federally funded programs offer- tions—establish and expand industry COMING OLYMPIC GAMES AS AN ing training for inmates with industry clus- partnerships. Existing partnerships, OPPORTUNITY TO PUSH FOR THE ters (as defined in section 174A(b) of the PARTIES TO THE CONFLICTS IN Workforce Investment Act) and high-priority which are similar to those created by occupations, and annually review these this bill, have long been recognized as SUDAN, CHAD, AND THE CEN- training programs to assure that the train- key strategic elements within some of TRAL AFRICAN REPUBLIC TO ing programs prepare individuals for high- the most successful economic develop- CEASE HOSTILITIES AND REVIVE priority occupations; and ment initiatives throughout the coun- EFFORTS TOWARD A PEACEFUL (B) align federally funded reentry pro- try. Unfortunately, current Federal RESOLUTION OF THEIR NA- grams to take advantage of information and policy does not provide sufficient sup- TIONAL AND REGIONAL CON- career opportunities provided by industry port for these critical ventures. FLICTS and sector partnerships. In my home State of Maine, the num- Mr. FEINGOLD (for himself, Mr. (3) DEPARTMENT OF EDUCATION.—The Sec- ber of manufacturing jobs has dropped retary of Education shall— COLEMAN, Mr. WHITEHOUSE, Mr. MENEN- (A) develop and support career ladders for dramatically over the past decade. Be- DEZ, Mr. LIEBERMAN, Ms. KLOBUCHAR, high-priority occupations critical to tar- tween 1998 and 2008, manufacturing em- Mr. CARDIN, Ms. LANDRIEU, Ms. SNOWE, ployment in Maine went from 81,000 to geted industry clusters served by a grant Mr. KERRY, Mr. BROWNBACK, and Mr. 59,000, a 27 percent decrease! A key rea- under section 174A of the Workforce Invest- JOHNSON) submitted the following reso- ment Act; son manufacturing job losses have dra- lution; which was referred to the Com- (B) develop and support innovative pro- matically affected Maine is that the mittee on Foreign Relations: grams to address literacy (including English average manufacturing salary is $10,000 as a second language) and numeracy short- more than the average annual State S. RES. 632 comings, especially in those occupations wage. The statistics for the whole of Whereas, since the conflict in Darfur, critical to such targeted industry clusters; New England are no better. From Jan- Sudan, began in 2003, hundreds of thousands (C) develop and support programs and of people across the region have been mur- strategies to reduce barriers to adult edu- uary 1998 through December 2006, the dered, tortured, and raped, with more than cation; region witnessed a decline of roughly 25 2,500,000 people driven from their homes as a (D) develop and support career education percent of its manufacturing work- result of ongoing violence, and all parties to initiatives in middle and high schools; and force. the conflict continue to attack civilians (E) support initiatives to develop industry- For those who have lost manufac- throughout the region, while impeding ac- recognized credentials and new credit-bear- turing jobs, it is vital to help improve cess of humanitarian workers;

VerDate Aug 31 2005 03:35 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.061 S30JYPT1 jbell on PROD1PC69 with SENATE S7790 CONGRESSIONAL RECORD — SENATE July 30, 2008 Whereas armed groups move freely among peace, dialogue, and reconciliation in areas President of the International Olympic Com- Sudan, Chad, and the Central African Repub- of conflict and commends those Olympic and mittee, Jacques Rogge, said, ‘‘We are con- lic, committing murder, banditry, forced re- Paralympic athletes seeking to advance that vinced that the Olympic Games will improve cruitment, mass displacement, gender-based cause; the human rights record [in China].’’; violence, and other crimes undermining re- (3) recognizes the close relationship be- Whereas, on March 13, 2008, the United gional security and exacerbating a cross-bor- tween the Governments of People’s Republic States Department of State released the ander humanitarian crisis; of China and Sudan, and strongly urges the nual Country Reports on Human Rights Whereas, on July 31, 2007, the United Na- Government of the People’s Republic of Practices; tions Security Council passed Security Coun- China to use its full influence to press the Whereas the report on the People’s Repub- cil resolution 1769 (2007), authorizing a joint Government of Sudan to commit to a ces- lic of China states that in 2007 the Govern- United Nations-African Union Mission in sation of hostilities, allow the full deployment of the People’s Republic of China Darfur (UNAMID) to implement the Darfur ment of UNAMID peacekeeping forces, and ‘‘tightened restrictions on freedom of speech Peace Agreement and protect civilians; engage in good faith in efforts to rejuvenate and the press, particularly in anticipation of Whereas only one-third of UNAMID peace- peace talks; and during sensitive events, including in- keepers have been deployed to the region and (4) calls upon the Government of Sudan creased efforts to control and censor the those deployed remain under-equipped to and other armed actors in the region to im- Internet’’; protect civilians and are the target of delib- mediately adopt a cessation of hostilities, Whereas that report also states that in 2007 erate attacks by armed militias; during which they allow unfettered humani- authorities of the People’s Republic of China Whereas a new joint African Union-United tarian access and the full deployment of ‘‘monitored telephone conversations, fac- Nations chief mediator, Burkina Faso’s for- UNAMID peacekeeping forces as well as en- simile transmissions, e-mail, text messaging, eign minister, Djibril Bassole, has been ap- gage in good faith efforts to rejuvenate peace and Internet communications’’; pointed to reignite stalled peace talks be- talks; Whereas, on July 29, 2008, Amnesty Inter- tween the parties in Darfur and help estab- (5) welcomes the efforts of the new joint national released a report entitled ‘‘People’s lish a cessation of hostilities; African Union-United Nations mediator, Mr. Republic of China: The Olympics Count- Whereas fighting erupted in Sudan’s oil- Djibril Bassole, to revive a comprehensive down—Broken Promises’’, which finds, re- rich Abyei region on May 13 and 21, 2008, peace process with all stakeholders to end garding the promises of the Government of leaving 18 civilians dead and giving rise to the violence, demobilize militias, and pro- the People’s Republic of China to the Inter- concerns about a breakdown of the Com- mote voluntary return of internally dis- national Olympic Committee in 2001, prehensive Peace Agreement (CPA), which placed persons and refugees; ‘‘[T]here has been no progress towards ful- could ruin progress made over the last three (6) urges the President and the inter- filling these promises, only continued dete- years toward lasting peace in southern national community to ensure that medi- rioration. . . . In fact, the crackdown on Sudan and ensnare the wider region into ation efforts are supported and backed by human rights defenders, journalists and law- overlapping conflicts; credible leverage through targeted pressure yers has intensified because Beijing is Whereas the Chief Prosecutor of the Inter- and an enforced arms embargo; hosting the Olympics.’’; national Criminal Court charged the Presi- (7) calls upon the United Nations and Afri- Whereas, that report also states, ‘‘Chinese dent of Sudan on July 14, 2008, with orches- can Union to use the opportunity presented journalists continue to operate in a climate trating genocide and crimes against human- by a cessation of hostilities to fully deploy of official censorship and control, with many ity in Darfur, elevating hopes for account- and equip UNAMID as well as strengthen the still languishing in jail for reporting on ability but also fears of retaliation against United Nations Mission in Sudan (UNMIS) to issues deemed politically sensitive. Internet peacekeepers, humanitarian workers, and ci- better monitor the Abyei region; and controls have been increasingly tightened as vilians; (8) encourages the United Nations Sec- the Olympics approach with control, regula- Whereas the Government of the People’s retary-General and other international lead- tion and censorship extending to various cat- Republic of China has long-standing eco- ers to publicly promote the principles re- egories of internet users, including Internet nomic and military ties with Sudan, giving flected in the Olympic Truce among all the Service Providers, bloggers and website own- it significant influence on the Government of warring parties in Sudan, Chad, the Central ers. Numerous websites have been closed Sudan; African Republic, and other areas of conflict Whereas, from August 8 to August 24, 2008, around the world. down for providing information deemed sensitive by the authorities. Internet users who China will host the Olympic Summer Games, f the most venerated and prestigious inter- post such information risk detention, pros- national sporting event; SENATE RESOLUTION 633—EX- ecution and imprisonment.’’; Whereas there is a tradition of an Olympic PRESSING THE SENSE OF THE Whereas, in April 2008, the Government of Truce, originating in ancient Greece, to en- SENATE ON THE DETERIORATION the People’s Republic of China issued an sure the safety of athletes traveling to the order requiring hotels to allow the Public OF RESPECT FOR PRIVACY AND Security Bureau to install hardware devices ancient Olympic Games, the importance of HUMAN RIGHTS IN THE PEO- which was reaffirmed in 2003 by the United and new software programs on the hotel net- Nations; PLE’S REPUBLIC OF CHINA BE- works that are designed to send sensitive in- Whereas the Olympic Truce traditionally FORE THE 2008 OLYMPIC GAMES formation about users, including foreign begins one week before the Olympic Games IN BEIJING visitors and journalists, to the Public Secu- and extends one week after the end of the rity Bureau; Mr. BROWNBACK (for himself and Whereas, on July 29, 2008, Agence France- Paralympic Games; Mr. BUNNING) submitted the following Whereas, on October 16, 2007, the United Presse reported that ‘‘China will censor the resolution; which was referred to the Internet used by foreign media during the Nations General Assembly passed resolution Committee on Foreign Relations: G/A 62/L.2, ‘‘Building a better and more Olympics . . . reversing a pledge to offer com- peaceful world through sport,’’ which urges S. RES. 633 plete media freedom at the games’’, citing Member States to observe, within the frame- Whereas, on July 13, 2001, the International confirmation by Sun Weide, spokesman for work of the Charter of the United Nations, Olympic Committee announced the awarding the Beijing Olympic Organizing Committee; the Olympic Truce, individually and collec- of the 2008 Olympic Games to Beijing, Peo- Whereas the Olympic Charter states that tively, during the Games of the XXIX Olym- ple’s Republic of China; the mission of the International Olympic piad in Beijing, and to cooperate with the Whereas, prior to that announcement, the Committee is ‘‘to promote a positive legacy International Olympic Committee in its ef- bidding documents submitted by the Govern- from the Olympic Games to the host cities forts to use sport as an instrument to pro- ment of the People’s Republic of China to and host countries’’; mote peace, dialogue, and reconciliation in the International Olympic Committee stat- Whereas, on December 25, 2007, the Vice- areas of conflict during and beyond the ed, ‘‘We are confident that the Games com- President of the International Olympic Com- Olympic Games period; and ing to China not only promotes our econ- mittee, Thomas Bach, stated, ‘‘The Games Whereas the situation in Sudan and the omy, but also enhances . . . human rights.’’; can act as a catalyst and contribute to the neighboring region remains highly volatile Whereas those documents also stated, opening of a society.’’; and as the Olympics approach: Now, therefore, be ‘‘There will be no restrictions on journalists Whereas, on March 23, 2008, the President it in reporting on the Olympic Games. . . . of the International Olympic Committee, Resolved, That the Senate— There will be no restriction concerning the Jacques Rogge, stated that the Olympic (1) expresses its continued support and use of media material produced in China and Games are a ‘‘force for good’’: Now, there- sympathy for the hundreds of thousands of intended principally for broadcast outside.’’; fore, be it civilians of Sudan, Chad, and the Central Af- Whereas Beijing’s Action Plan for the Resolved, That the Senate— rican Republic who have been affected by the Olympics states, ‘‘In the preparation for the (1) calls upon the Government of the Peo- ongoing violence and regional instability; Games, we will be open in every aspect to ple’s Republic of China— (2) recognizes the unique opportunity pre- the rest of the country and the whole (A) to rescind the order requiring hotels to sented by the Olympics and calls on the world.’’; allow the Public Security Bureau to install United Nations, the African Union, and other Whereas, on April 23, 2002, after the Olym- hardware and software on the hotel net- international leaders to use it to promote pic Games had been awarded to Beijing, the works; and

VerDate Aug 31 2005 03:35 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.074 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7791 (B) to refrain from targeting, on the basis culminating in the passage of the Food establishing the Senate Select Committee on of information collected from Internet moni- Stamp Act of 1977 (7 U.S.C. 2011 et seq.), Nutrition and Human Needs; toring, any individual who visits websites re- which made the program more efficient and (2) recognizes the substantial contributions lated to politics or human rights or who ex- more accessible to those most in need by fi- the Select Committee on Nutrition and presses opinions related to politics or human nally eliminating the requirement that Human Needs made in ensuring that effec- rights in electronic communication; Americans pay for a portion of their food tive and efficient Federal food assistance (2) expresses grave concern regarding the stamps; programs were accessible to those most in deterioration of respect for human rights in Whereas the work of the Select Committee need; the People’s Republic of China leading up to on Nutrition and Human Needs was essential (3) recognizes that hunger continues to be the Beijing Olympics; to expanding the school lunch program es- an issue plaguing the United States; and (3) notes that the behavior of the Govern- tablished under the National School Lunch (4) supports the continued efforts of Fed- ment of the People’s Republic of China vio- Act (42 U.S.C. 1751 et seq.) and permanently eral, State, and local governments and pri- lates several international conventions to establishing the school breakfast program vate non-profit organizations to eradicate which the country is a signatory, violates under section 4 of the Child Nutrition Act of hunger in the United States. the Government’s commitments to the Inter- 1966 (42 U.S.C. 1773), the child and adult care f national Olympic Committee, and is con- food program under section 17 of the Na- trary to longstanding Olympic tradition and tional School Lunch Act (42 U.S.C. 1766), and SENATE RESOLUTION 635—MAKING spirit; and the summer food service program for chil- MINORITY PARTY APPOINT- (4) remains concerned for the safety and dren under section 13 of that Act (42 U.S.C. MENTS FOR THE 110TH CON- privacy of international visitors and journal- 1761); GRESS ists traveling to the People’s Republic of Whereas the work of the Select Committee China for the Beijing Olympics, in particular on Nutrition and Human Needs was instru- Mr. MCCONNELL submitted the fol- visitors and journalists involved in docu- mental in the establishment of the special lowing resolution; which was consid- menting human rights abuses and promoting supplemental nutrition program for women, ered and agreed to: human rights improvements. infants, and children established by section S. RES. 635 f 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) (WIC); Resolved, That the following be the minor- SENATE RESOLUTION 634—RECOG- Whereas the Senate Committee on Agri- ity membership on the following committee NIZING JULY 30, 2008, AS THE culture, Nutrition, and Forestry remains for the remainder of the 110th Congress, or 40TH ANNIVERSARY OF THE EN- committed to continuing the important until their successors are appointed: ACTMENT OF THE RESOLUTION work begun by Senators George McGovern Committee on Commerce, Science and and Robert Dole of providing a Federal re- Transportation: Mrs. Hutchison, Mr. Ste- ESTABLISHING THE SENATE SE- vens, Mr. McCain, Ms. Snowe, Mr. Smith, LECT COMMITTEE ON NUTRITON sponse to hunger; Whereas the Senate Committee on Agri- Mr. Ensign, Mr. Sununu, Mr. DeMint, Mr. AND HUMAN NEEDS culture, Nutrition, and Forestry provided a Vitter, Mr. Thune, Mr. Wicker. Mr. CASEY (for himself, Mr. record-level amount of nutrition funding in f CHAMBLISS, Mr. HARKIN, Mr. KERRY, the Food, Conservation, and Energy Act of Mr. SANDERS, Mrs. LINCOLN, Ms. 2008 (Public Law 110–246; 122 Stat. 1651) to re- AMENDMENTS SUBMITTED AND STABENOW, Mr. ROBERTS, Mrs. DOLE, form and strengthen Federal nutrition as- PROPOSED Mr. PRYOR, Mr. SMITH, Mr. JOHNSON, sistance programs; SA 5254. Mr. GRASSLEY submitted an Whereas, through the Food, Conservation, Mrs. CLINTON, and Mr. FEINGOLD) sub- amendment intended to be proposed by him and Energy Act of 2008 (Public Law 110–246; mitted the following resolution; which to the bill S. 3322, to provide tax relief for 122 Stat. 1651), the Senate Committee on Ag- the victims of severe storms, tornados, and was referred to the Committee on Agri- riculture, Nutrition, and Forestry made key culture, Nutrition, and Forestry: flooding in the Midwest, and for other pur- improvements to the food stamp program, poses; which was referred to the Committee S. RES. 634 including— on Finance. Whereas on April 26, 1968, after viewing the (1) increasing the food purchasing ability SA 5255. Mr. BROWNBACK submitted an CBS Emmy-award winning documentary of low-income households by accounting for amendment intended to be proposed by him ‘‘Hunger in America,’’ Senator George food cost inflation; to the bill S. 3335, to amend the Internal McGovern introduced a resolution to estab- (2) increasing the minimum benefit; Revenue Code of 1986 to extend certain expir- lish a Senate Select Committee on Nutrition (3) encouraging retirement and education ing provisions, and for other purposes; which and Human Needs; savings; and was ordered to lie on the table. Whereas the resolution establishing the (4) allowing families to account for child SA 5256. Mr. BROWNBACK submitted an Select Committee on Nutrition and Human care costs in calculating food assistance; amendment intended to be proposed by him Needs was enacted on July 30, 1968; Whereas, through the Food, Conservation, to the bill S. 3186, to provide funding for the Whereas Senator George McGovern served and Energy Act of 2008 (Public Law 110–246; Low-Income Home Energy Assistance Pro- as the Chairman of the Select Committee on 122 Stat. 1651), the Senate Committee on Ag- gram; which was ordered to lie on the table. Nutrition and Human Needs from 1968 to riculture, Nutrition, and Forestry helped to SA 5257. Mr. PRYOR (for Mr. LEAHY) pro- 1977; strengthen the domestic food assistance safe- posed an amendment to the bill H.R. 5938, to Whereas July 30, 2008, marks the 40th anni- ty net by providing significant funding to in- amend title 18, United States Code, to pro- versary of the enactment of the resolution crease commodity purchases for local area vide secret service protection to former Vice establishing the Select Committee on Nutri- food banks; Presidents, and for other purposes. tion and Human Needs, which later became Whereas, in 2008, more than 28,000,000 peo- the foundation of the current Subcommittee ple in the United States participate in the f on Nutrition and Food Assistance, Sustain- food stamp program; TEXT OF AMENDMENTS able and Organic Agriculture, and General Whereas, in 2008, more than 17,500,000 low- Legislation Jurisdiction of the Senate Com- income children receive free or reduced-price mittee on Agriculture, Nutrition, and For- meals through the national school lunch pro- SA 5254. Mr. GRASSLEY submitted estry; gram; an amendment intended to be proposed Whereas Senator George McGovern was Whereas despite Federal food assistance by him to the bill S. 3322, to provide committed to exposing the failure of Federal programs, 35,500,000 people in the United tax relief for the victims of severe food assistance programs to reach citizens States, including 12,600,000 children, con- lacking in adequate quantities and quality of tinue to live in households considered to be storms, tornados, and flooding in the food; food insecure; Midwest, and for other purposes; which Whereas Senators George McGovern and Whereas children who live in households was referred to the Committee on Fi- Robert Dole worked tirelessly in their re- lacking access to sufficient food are more nance; as follows: spective roles on the Select Committee on likely to be in poorer physical health than On page 15, line 11, insert ‘‘or by any in- Nutrition and Human Needs to develop a bi- children from food secure households; and strumentality of the State’’ after ‘‘located’’. partisan Federal response to hunger; Whereas children are particularly vulner- Whereas the Select Committee on Nutri- able to the effects of food insecurity because SA 5255. Mr. BROWNBACK submitted tion and Human Needs played a key role in undernutrition can have adverse impacts on an amendment intended to be proposed emotional health, behavior, school perform- educating Congress, the Federal government, by him to the bill S. 3335, to amend the and the Nation at large about the magnitude ance, and cognitive development: Now, of hunger in the United States; therefore, be it Internal Revenue Code of 1986 to extend Whereas the work of the Select Committee Resolved, That the Senate— certain expiring provisions, and for on Nutrition and Human Needs was vital to (1) recognizes July 30, 2008, as the 40th another purposes; which was ordered to reforming the Federal food stamp program, niversary of the enactment of the resolution lie on the table; as follows:

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At the appropriate place, insert the fol- (c) OPEN FUEL STANDARD FOR TRANSPOR- and approved by the Secretary after such lowing: TATION.— components become available in sufficient SEC. ll. OPEN FUEL STANDARDS. (1) IN GENERAL.—Chapter 329 of title 49, quantities to satisfy both anticipated pro- (a) SHORT TITLE.—This section may be United States Code, is amended by adding at duction and recall volume requirements. cited as the ‘‘Open Fuel Standard Act of the end the following: ‘‘(E) NOTICE.—The Secretary shall publish 2008’’ or the ‘‘OFS Act’’. ‘‘§ 32920. Open fuel standard for transpor- in the Federal Register— (b) FINDINGS.—Congress makes the fol- tation ‘‘(i) notice of each application received lowing findings: ‘‘(a) DEFINITIONS.—In this section: from a manufacturer; (1) The status of oil as a strategic com- ‘‘(1) E85.—The term ‘E85’ means a fuel mix- ‘‘(ii) notice of each decision to grant or modity, which derives from its domination of ture containing 85 percent ethanol and 15 deny a temporary exemption; and the transportation sector, presents a clear percent gasoline by volume. ‘‘(iii) the reasons for granting or denying and present danger to the United States. ‘‘(2) FLEXIBLE FUEL AUTOMOBILE.—The term such exemptions. (2) In a prior era, when salt was a strategic ‘flexible fuel automobile’ means an auto- ‘‘(F) LABELING.—Each manufacturer that commodity, salt mines conferred national mobile that has been warranted by its manu- receives an exemption under this paragraph power and wars were fought over the control facturer to operate on gasoline, E85, and shall place a label on each exempted auto- of such mines. M85. mobile. Such label— (3) Technology, in the form of electricity ‘‘(3) FUEL CHOICE-ENABLING AUTOMOBILE.— ‘‘(i) shall comply with the regulations pre- and refrigeration, decisively ended salt’s mo- The term ‘fuel choice-enabling automobile’ scribed by the Secretary under paragraph (3); nopoly of meat preservation and greatly re- means— and duced its strategic importance. ‘‘(A) a flexible fuel automobile; or ‘‘(ii) may only be removed after recall and (4) Fuel competition and consumer choice ‘‘(B) an automobile that has been war- installation of the required components. would similarly serve to end oil’s monopoly ranted by its manufacturer to operate on ‘‘(G) NOTICE OF EXEMPTION.—Each light- in the transportation sector and strip oil of biodiesel. duty automobile delivered to dealers and its strategic status. ‘‘(4) LIGHT-DUTY AUTOMOBILE.—The term first purchasers that is not a fuel choice-ena- (5) The current closed fuel market has al- ‘light-duty automobile’ means— bling automobile and for which the manufac- lowed a cartel of petroleum exporting coun- ‘‘(A) a passenger automobile; or turer received an exemption under this para- tries to inflate fuel prices, effectively impos- ‘‘(B) a non-passenger automobile. graph, shall be accompanied with a written ing a harmful tax on the economy of the ‘‘(5) LIGHT-DUTY AUTOMOBILE MANUFAC- notification of such exemption, which com- United States of nearly $500,000,000,000 per TURER’S ANNUAL INVENTORY.—The term plies with the regulations prescribed by the year. ‘light-duty automobile manufacturer’s an- Secretary under paragraph (3). (6) Much of the inflated petroleum reve- nual inventory’ means the number of light- ‘‘(3) RULEMAKING.—Not later than 1 year nues the oil cartel earns at the expense of duty automobiles that a manufacturer, dur- after the date of enactment of this section, the people of the United States are used for ing a given calendar year, manufactures in the Secretary shall promulgate regulations purposes antithetical to the interests of the the United States or imports from outside of to carry out this section.’’. United States and its allies. the United States for sale in the United (2) CLERICAL AMENDMENT.—The table of (7) Alcohol fuels, including ethanol and States. sections for chapter 329 of title 49, United methanol, could potentially provide signifi- ‘‘(6) M85.—The term ‘M85’ means a fuel States Code, is amended by adding at the end cant supplies of additional fuels that could mixture containing 85 percent methanol and the following: be produced in the United States and in 15 percent gasoline by volume. ‘‘32920. Open fuel standard for many other countries in the Western Hemi- ‘‘(7) SECRETARY.—The term ‘Secretary’ transportation.’’. sphere that are friendly to the United means the Secretary of Transportation. States. ‘‘(b) OPEN FUEL STANDARD FOR TRANSPOR- SA 5256. Mr. BROWNBACK submitted (8) Alcohol fuels can only play a major role TATION.— an amendment intended to be proposed in securing the energy independence of the ‘‘(1) IN GENERAL.—Except as provided in United States if a substantial portion of ve- paragraph (2), each light-duty automobile by him to the bill S. 3186, to provide hicles in the United States are capable of op- manufacturer’s annual inventory shall be funding for the Low-Income Home En- erating on such fuels. comprised of not less than 50 percent fuel ergy Assistance Program; which was (9) It is not in the best interest of United choice-enabling automobiles in 2012. ordered to lie on the table; as follows: States consumers or the United States Gov- ‘‘(2) TEMPORARY EXEMPTION FROM REQUIRE- At the end of the bill, add the following: ernment to be constrained to depend solely MENTS.— upon petroleum resources for vehicle fuels if ‘‘(A) APPLICATION.—A manufacturer may SEC. 3. OPEN FUEL STANDARDS. alcohol fuels are potentially available. request an exemption from the requirement (a) SHORT TITLE.—This section may be (10) Existing technology, in the form of described in paragraph (1) by submitting an cited as the ‘‘Open Fuel Standard Act of flexible fuel vehicles, allows internal com- application to the Secretary, at such time, 2008’’ or the ‘‘OFS Act’’. bustion engine cars and trucks to be pro- in such manner, and containing such infor- (b) FINDINGS.—Congress makes the fol- duced at little or no additional cost, which mation as the Secretary may require by reg- lowing findings: are capable of operating on conventional ulation. Each such application shall specify (1) The status of oil as a strategic com- gasoline, alcohol fuels, or any combination the models, lines, and types of automobiles modity, which derives from its domination of of such fuels, as availability or cost advan- affected. the transportation sector, presents a clear tage dictates, providing a platform on which ‘‘(B) EVALUATION.—After evaluating an ap- and present danger to the United States. fuels can compete. plication received from a manufacturer, the (2) In a prior era, when salt was a strategic (11) The necessary distribution system for Secretary may at any time, under such commodity, salt mines conferred national such alcohol fuels will not be developed in terms and conditions, and to such extent as power and wars were fought over the control the United States until a substantial frac- the Secretary considers appropriate, tempo- of such mines. tion of the vehicles in the United States are rarily exempt, or renew the exemption of, a (3) Technology, in the form of electricity capable of operating on such fuels. light-duty automobile from the requirement and refrigeration, decisively ended salt’s mo- (12) The establishment of such a vehicle described in paragraph (1) if the Secretary nopoly of meat preservation and greatly re- fleet and distribution system would provide determines that unavoidable events not duced its strategic importance. a large market that would mobilize private under the control of the manufacturer pre- (4) Fuel competition and consumer choice resources to substantially advance the tech- vent the manufacturer of such automobile would similarly serve to end oil’s monopoly nology and expand the production of alcohol from meeting its required production volume in the transportation sector and strip oil of fuels in the United States and abroad. of fuel choice-enabling automobiles due to a its strategic status. (13) The United States has an urgent na- disruption in— (5) The current closed fuel market has al- tional security interest to develop alcohol ‘‘(i) the supply of any component required lowed a cartel of petroleum exporting coun- fuels technology, production, and distribu- for compliance with the regulations; or tries to inflate fuel prices, effectively impos- tion systems as rapidly as possible. ‘‘(ii) the use and installation by the manu- ing a harmful tax on the economy of the (14) New cars sold in the United States that facturer of such component. United States of nearly $500,000,000,000 per are equipped with an internal combustion ‘‘(C) CONSOLIDATION.—The Secretary may year. engine should allow for fuel competition by consolidate applications received from mul- (6) Much of the inflated petroleum reve- being flexible fuel vehicles, and new diesel tiple manufactures under subparagraph (A) if nues the oil cartel earns at the expense of cars should be capable of operating on bio- they are of a similar nature. the people of the United States are used for diesel. ‘‘(D) CONDITIONS.—Any exemption granted purposes antithetical to the interests of the (15) Such an open fuel standard would help under subparagraph (B) shall be conditioned United States and its allies. to protect the United States economy from upon the manufacturer’s commitment to re- (7) Alcohol fuels, including ethanol and high and volatile oil prices and from the call the exempted automobiles for installa- methanol, could potentially provide signifi- threats caused by global instability, ter- tion of the omitted components within a rea- cant supplies of additional fuels that could rorism, and natural disaster. sonable time proposed by the manufacturer be produced in the United States and in

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Mr. PRYOR (for Mr. LEAHY) sphere that are friendly to the United means the Secretary of Transportation. proposed an amendment to the bill States. ‘‘(b) OPEN FUEL STANDARD FOR TRANSPOR- H.R. 5938, to amend title 18, United TATION.— (8) Alcohol fuels can only play a major role States Code, to provide secret service ‘‘(1) IN GENERAL.—Except as provided in in securing the energy independence of the protection to former Vice Presidents, United States if a substantial portion of ve- paragraph (2), each light-duty automobile hicles in the United States are capable of op- manufacturer’s annual inventory shall be and for other purposes; as follows: erating on such fuels. comprised of not less than 50 percent fuel On page 2, strike lines 1 through 5, and in- (9) It is not in the best interest of United choice-enabling automobiles in 2012. sert the following: States consumers or the United States Gov- ‘‘(2) TEMPORARY EXEMPTION FROM REQUIRE- TITLE I—FORMER VICE PRESIDENT ernment to be constrained to depend solely MENTS.— PROTECTION ACT upon petroleum resources for vehicle fuels if ‘‘(A) APPLICATION.—A manufacturer may SEC. 101. SHORT TITLE. alcohol fuels are potentially available. request an exemption from the requirement This title may be cited as the ‘‘Former (10) Existing technology, in the form of described in paragraph (1) by submitting an Vice President Protection Act of 2008’’. flexible fuel vehicles, allows internal com- application to the Secretary, at such time, SEC. 102. SECRET SERVICE PROTECTION FOR bustion engine cars and trucks to be pro- in such manner, and containing such infor- FORMER VICE PRESIDENTS AND duced at little or no additional cost, which mation as the Secretary may require by reg- THEIR FAMILIES. are capable of operating on conventional ulation. Each such application shall specify On page 3, strike line 1 and insert the fol- gasoline, alcohol fuels, or any combination the models, lines, and types of automobiles lowing: of such fuels, as availability or cost advan- affected. SEC. 103. EFFECTIVE DATE. tage dictates, providing a platform on which ‘‘(B) EVALUATION.—After evaluating an ap- On page 3, after line 4, insert the following: fuels can compete. plication received from a manufacturer, the TITLE II—IDENTITY THEFT (11) The necessary distribution system for Secretary may at any time, under such ENFORCEMENT AND RESTITUTION ACT such alcohol fuels will not be developed in terms and conditions, and to such extent as the Secretary considers appropriate, tempo- SEC. 201. SHORT TITLE. the United States until a substantial frac- This title may be cited as the ‘‘Identity rarily exempt, or renew the exemption of, a tion of the vehicles in the United States are Theft Enforcement and Restitution Act of light-duty automobile from the requirement capable of operating on such fuels. 2008’’. described in paragraph (1) if the Secretary (12) The establishment of such a vehicle determines that unavoidable events not SEC. 202. CRIMINAL RESTITUTION. fleet and distribution system would provide under the control of the manufacturer pre- Section 3663(b) of title 18, United States a large market that would mobilize private vent the manufacturer of such automobile Code, is amended— resources to substantially advance the tech- from meeting its required production volume (1) in paragraph (4), by striking ‘‘; and’’ and nology and expand the production of alcohol of fuel choice-enabling automobiles due to a inserting a semicolon; fuels in the United States and abroad. disruption in— (2) in paragraph (5), by striking the period (13) The United States has an urgent na- ‘‘(i) the supply of any component required at the end and inserting ‘‘; and’’; and tional security interest to develop alcohol for compliance with the regulations; or (3) by adding at the end the following: fuels technology, production, and distribu- ‘‘(ii) the use and installation by the manu- ‘‘(6) in the case of an offense under sections tion systems as rapidly as possible. facturer of such component. 1028(a)(7) or 1028A(a) of this title, pay an (14) New cars sold in the United States that amount equal to the value of the time rea- ‘‘(C) CONSOLIDATION.—The Secretary may are equipped with an internal combustion consolidate applications received from mul- sonably spent by the victim in an attempt to engine should allow for fuel competition by tiple manufactures under subparagraph (A) if remediate the intended or actual harm in- being flexible fuel vehicles, and new diesel they are of a similar nature. curred by the victim from the offense.’’. cars should be capable of operating on bio- ‘‘(D) CONDITIONS.—Any exemption granted SEC. 203. ENSURING JURISDICTION OVER THE diesel. under subparagraph (B) shall be conditioned THEFT OF SENSITIVE IDENTITY IN- FORMATION. (15) Such an open fuel standard would help upon the manufacturer’s commitment to re- to protect the United States economy from Section 1030(a)(2)(C) of title 18, United call the exempted automobiles for installa- States Code, is amended by striking ‘‘if the high and volatile oil prices and from the tion of the omitted components within a rea- threats caused by global instability, ter- conduct involved an interstate or foreign sonable time proposed by the manufacturer communication’’. rorism, and natural disaster. and approved by the Secretary after such (c) OPEN FUEL STANDARD FOR TRANSPOR- SEC. 204. MALICIOUS SPYWARE, HACKING AND components become available in sufficient KEYLOGGERS. TATION.— quantities to satisfy both anticipated pro- (1) IN GENERAL.—Chapter 329 of title 49, (a) IN GENERAL.—Section 1030 of title 18, duction and recall volume requirements. United States Code, is amended— United States Code, is amended by adding at ‘‘(E) NOTICE.—The Secretary shall publish the end the following: (1) in subsection (a)(5)— in the Federal Register— (A) by striking subparagraph (B); and ‘‘§ 32920. Open fuel standard for transpor- ‘‘(i) notice of each application received (B) in subparagraph (A)— tation from a manufacturer; (i) by striking ‘‘(A)(i) knowingly’’ and in- ‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) notice of each decision to grant or serting ‘‘(A) knowingly’’; ‘‘(1) E85.—The term ‘E85’ means a fuel mix- deny a temporary exemption; and (ii) by redesignating clauses (ii) and (iii) as ture containing 85 percent ethanol and 15 ‘‘(iii) the reasons for granting or denying subparagraphs (B) and (C), respectively; and percent gasoline by volume. such exemptions. (iii) in subparagraph (C), as so redesig- ‘‘(2) FLEXIBLE FUEL AUTOMOBILE.—The term ‘‘(F) LABELING.—Each manufacturer that nated— ‘flexible fuel automobile’ means an auto- receives an exemption under this paragraph (I) by inserting ‘‘and loss’’ after ‘‘damage’’; mobile that has been warranted by its manu- shall place a label on each exempted auto- and facturer to operate on gasoline, E85, and mobile. Such label— (II) by striking ‘‘; and’’ and inserting a pe- M85. ‘‘(i) shall comply with the regulations pre- riod; ‘‘(3) FUEL CHOICE-ENABLING AUTOMOBILE.— scribed by the Secretary under paragraph (3); (2) in subsection (c)— The term ‘fuel choice-enabling automobile’ and (A) in paragraph (2)(A), by striking means— ‘‘(ii) may only be removed after recall and ‘‘(a)(5)(A)(iii),’’; ‘‘(A) a flexible fuel automobile; or installation of the required components. (B) in paragraph (3)(B), by striking ‘‘(B) an automobile that has been war- ‘‘(G) NOTICE OF EXEMPTION.—Each light- ‘‘(a)(5)(A)(iii),’’; ranted by its manufacturer to operate on duty automobile delivered to dealers and (C) by amending paragraph (4) to read as biodiesel. first purchasers that is not a fuel choice-ena- follows: ‘‘(4) LIGHT-DUTY AUTOMOBILE.—The term bling automobile and for which the manufac- ‘‘(4)(A) except as provided in subparagraphs ‘light-duty automobile’ means— turer received an exemption under this para- (E) and (F), a fine under this title, imprison- ‘‘(A) a passenger automobile; or graph, shall be accompanied with a written ment for not more than 5 years, or both, in ‘‘(B) a non-passenger automobile. notification of such exemption, which com- the case of— ‘‘(5) LIGHT-DUTY AUTOMOBILE MANUFAC- plies with the regulations prescribed by the ‘‘(i) an offense under subsection (a)(5)(B), TURER’S ANNUAL INVENTORY.—The term Secretary under paragraph (3). which does not occur after a conviction for ‘light-duty automobile manufacturer’s an- ‘‘(3) RULEMAKING.—Not later than 1 year another offense under this section, if the of- nual inventory’ means the number of light- after the date of enactment of this section, fense caused (or, in the case of an attempted duty automobiles that a manufacturer, dur- the Secretary shall promulgate regulations offense, would, if completed, have caused)— ing a given calendar year, manufactures in to carry out this section.’’. ‘‘(I) loss to 1 or more persons during any 1- the United States or imports from outside of (2) CLERICAL AMENDMENT.—The table of year period (and, for purposes of an inves- the United States for sale in the United sections for chapter 329 of title 49, United tigation, prosecution, or other proceeding States. States Code, is amended by adding at the end brought by the United States only, loss re- ‘‘(6) M85.—The term ‘M85’ means a fuel the following: sulting from a related course of conduct af- mixture containing 85 percent methanol and ‘‘32920. Open fuel standard for fecting 1 or more other protected computers) 15 percent gasoline by volume. transportation.’’. aggregating at least $5,000 in value;

VerDate Aug 31 2005 03:35 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.080 S30JYPT1 jbell on PROD1PC69 with SENATE S7794 CONGRESSIONAL RECORD — SENATE July 30, 2008 ‘‘(II) the modification or impairment, or in interstate or foreign commerce any com- following factors in order to create an effec- potential modification or impairment, of the munication containing any— tive deterrent to computer crime and the medical examination, diagnosis, treatment, ‘‘(A) threat to cause damage to a protected theft or misuse of personally identifiable or care of 1 or more individuals; computer; data: ‘‘(III) physical injury to any person; ‘‘(B) threat to obtain information from a (1) The level of sophistication and planning ‘‘(IV) a threat to public health or safety; protected computer without authorization or involved in such offense. ‘‘(V) damage affecting a computer used by in excess of authorization or to impair the (2) Whether such offense was committed or for an entity of the United States Govern- confidentiality of information obtained from for purpose of commercial advantage or pri- ment in furtherance of the administration of a protected computer without authorization vate financial benefit. justice, national defense, or national secu- or by exceeding authorized access; or (3) The potential and actual loss resulting rity; or ‘‘(C) demand or request for money or other from the offense including— ‘‘(VI) damage affecting 10 or more pro- thing of value in relation to damage to a pro- (A) the value of information obtained from tected computers during any 1-year period; tected computer, where such damage was a protected computer, regardless of whether or caused to facilitate the extortion;’’. the owner was deprived of use of the infor- ‘‘(ii) an attempt to commit an offense pun- SEC. 206. CONSPIRACY TO COMMIT CYBER- mation; and ishable under this subparagraph; CRIMES. (B) where the information obtained con- ‘‘(B) except as provided in subparagraphs Section 1030(b) of title 18, United States stitutes a trade secret or other proprietary (E) and (F), a fine under this title, imprison- Code, is amended by inserting ‘‘conspires to information, the cost the victim incurred de- ment for not more than 10 years, or both, in commit or’’ after ‘‘Whoever’’. veloping or compiling the information. the case of— SEC. 207. USE OF FULL INTERSTATE AND FOR- (4) Whether the defendant acted with in- ‘‘(i) an offense under subsection (a)(5)(A), EIGN COMMERCE POWER FOR tent to cause either physical or property which does not occur after a conviction for CRIMINAL PENALTIES. harm in committing the offense. another offense under this section, if the of- Section 1030(e)(2)(B) of title 18, United (5) The extent to which the offense violated fense caused (or, in the case of an attempted States Code, is amended by inserting ‘‘or af- the privacy rights of individuals. offense, would, if completed, have caused) a fecting’’ after ‘‘which is used in’’. (6) The effect of the offense upon the oper- harm provided in subclauses (I) through (VI) ations of an agency of the United States of subparagraph (A)(i); or SEC. 208. FORFEITURE FOR SECTION 1030 VIOLA- TIONS. Government, or of a State or local govern- ‘‘(ii) an attempt to commit an offense pun- Section 1030 of title 18, United States Code, ment. ishable under this subparagraph; is amended by adding at the end the fol- (7) Whether the offense involved a com- ‘‘(C) except as provided in subparagraphs lowing: puter used by the United States Govern- (E) and (F), a fine under this title, imprison- ‘‘(i)(1) The court, in imposing sentence on ment, a State, or a local government in fur- ment for not more than 20 years, or both, in any person convicted of a violation of this therance of national defense, national secu- the case of— rity, or the administration of justice. ‘‘(i) an offense or an attempt to commit an section, or convicted of conspiracy to violate this section, shall order, in addition to any (8) Whether the offense was intended to, or offense under subparagraphs (A) or (B) of had the effect of, significantly interfering subsection (a)(5) that occurs after a convic- other sentence imposed and irrespective of with or disrupting a critical infrastructure. tion for another offense under this section; any provision of State law, that such person (9) Whether the offense was intended to, or or forfeit to the United States— had the effect of, creating a threat to public ‘‘(ii) an attempt to commit an offense pun- ‘‘(A) such person’s interest in any personal health or safety, causing injury to any per- ishable under this subparagraph; property that was used or intended to be son, or causing death. ‘‘(D) a fine under this title, imprisonment used to commit or to facilitate the commis- (10) Whether the defendant purposefully infor not more than 10 years, or both, in the sion of such violation; and volved a juvenile in the commission of the case of— ‘‘(B) any property, real or personal, consti- offense. ‘‘(i) an offense or an attempt to commit an tuting or derived from, any proceeds that (11) Whether the defendant’s intent to offense under subsection (a)(5)(C) that occurs such person obtained, directly or indirectly, cause damage or intent to obtain personal after a conviction for another offense under as a result of such violation. information should be disaggregated and this section; or ‘‘(2) The criminal forfeiture of property considered separately from the other factors ‘‘(ii) an attempt to commit an offense pun- under this subsection, any seizure and dis- set forth in USSG 2B1.1(b)(14). ishable under this subparagraph; position thereof, and any judicial proceeding (12) Whether the term ‘‘victim’’ as used in ‘‘(E) if the offender attempts to cause or in relation thereto, shall be governed by the USSG 2B1.1, should include individuals knowingly or recklessly causes serious bod- provisions of section 413 of the Comprehen- whose privacy was violated as a result of the ily injury from conduct in violation of sub- sive Drug Abuse Prevention and Control Act offense in addition to individuals who suf- section (a)(5)(A), a fine under this title, im- of 1970 (21 U.S.C. 853), except subsection (d) of fered monetary harm as a result of the of- prisonment for not more than 20 years, or that section. fense. both; ‘‘(j) For purposes of subsection (i), the fol- (13) Whether the defendant disclosed per- ‘‘(F) if the offender attempts to cause or lowing shall be subject to forfeiture to the sonal information obtained during the com- knowingly or recklessly causes death from United States and no property right shall mission of the offense. conduct in violation of subsection (a)(5)(A), a exist in them: (c) ADDITIONAL REQUIREMENTS.—In car- fine under this title, imprisonment for any ‘‘(1) Any personal property used or in- rying out this section, the United States term of years or for life, or both; or tended to be used to commit or to facilitate Sentencing Commission shall— ‘‘(G) a fine under this title, imprisonment the commission of any violation of this sec- (1) assure reasonable consistency with for not more than 1 year, or both, for— tion, or a conspiracy to violate this section. other relevant directives and with other sen- ‘‘(i) any other offense under subsection ‘‘(2) Any property, real or personal, which tencing guidelines; (a)(5); or constitutes or is derived from proceeds trace- (2) account for any additional aggravating ‘‘(ii) an attempt to commit an offense pun- able to any violation of this section, or a or mitigating circumstances that might jus- ishable under this subparagraph.’’; and conspiracy to violate this section’’. tify exceptions to the generally applicable (D) by striking paragraph (5); and SEC. 209. DIRECTIVE TO UNITED STATES SEN- sentencing ranges; (3) in subsection (g)— TENCING COMMISSION. (3) make any conforming changes to the (A) in the second sentence, by striking ‘‘in (a) DIRECTIVE.—Pursuant to its authority sentencing guidelines; and clauses (i), (ii), (iii), (iv), or (v) of subsection under section 994(p) of title 28, United States (4) assure that the guidelines adequately (a)(5)(B)’’ and inserting ‘‘in subclauses (I), Code, and in accordance with this section, meet the purposes of sentencing as set forth (II), (III), (IV), or (V) of subsection the United States Sentencing Commission in section 3553(a)(2) of title 18, United States (c)(4)(A)(i)’’; and shall review its guidelines and policy state- Code. (B) in the third sentence, by striking ‘‘sub- ments applicable to persons convicted of of- fenses under sections 1028, 1028A, 1030, 2511, section (a)(5)(B)(i)’’ and inserting ‘‘sub- f section (c)(4)(A)(i)(I)’’. and 2701 of title 18, United States Code, and (b) CONFORMING CHANGES.—Section any other relevant provisions of law, in order AUTHORITY FOR COMMITTEES TO 2332b(g)(5)(B)(i) of title 18, United States to reflect the intent of Congress that such MEET Code, is amended by striking ‘‘1030(a)(5)(A)(i) penalties be increased in comparison to resulting in damage as defined in those currently provided by such guidelines COMMITTEE ON ARMED SERVICES 1030(a)(5)(B)(ii) through (v)’’ and inserting and policy statements. Mr. REID. Mr. President, I ask unan- ‘‘1030(a)(5)(A) resulting in damage as defined (b) REQUIREMENTS.—In determining its imous consent that the Committee on in 1030(c)(4)(A)(i)(II) through (VI)’’. guidelines and policy statements on the ap- Armed Services be authorized to meet SEC. 205. CYBER-EXTORTION. propriate sentence for the crimes enumer- Section 1030(a)(7) of title 18, United States ated in subsection (a), the United States during the session of the Senate on Code, is amended to read as follows: Sentencing Commission shall consider the Wednesday, July 30, 2008, at 9:30 a.m. ‘‘(7) with intent to extort from any person extent to which the guidelines and policy The PRESIDING OFFICER. Without any money or other thing of value, transmits statements may or may not account for the objection, it is so ordered.

VerDate Aug 31 2005 03:35 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.085 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7795 AD HOC SUBCOMMITTEE ON DISASTER RECOVERY mittee on the Judiciary be authorized VETERANS’ COMPENSATION COST- Mr. REID. Mr. President, I ask unan- to meet during the session of the Sen- OF-LIVING ADJUSTMENT ACT OF imous consent that the Ad Hoc Sub- ate, to conduct a hearing entitled ‘‘S.1. 2008 committee on Disaster Recovery of the Res. 45, A Resolution Consenting To Mr. PRYOR. Mr. President, I ask Committee on Homeland Security and and Approving the Great Lakes-St. unanimous consent that the Senate Governmental Affairs be authorized to Lawrence River Basin Water Resources proceed to the immediate consider- meet during the session of the Senate Compact’’ on Wednesday, July 30, 2008, ation of Calendar No. 897, S. 2617. on Wednesday, July 30, 2008, at 12 p.m. at 1 p.m. in room SD–226 of the Dirksen The PRESIDING OFFICER. The to conduct a hearing entitled ‘‘Plan- Senate Office Building. clerk will report the bill by title. ning for Post-Catastrophe Housing The PRESIDING OFFICER. Without The assistant legislative clerk read Needs: Has FEMA Developed an Effec- objection, it is so ordered. as follows: tive Strategy for Housing Large Num- COMMITTEE ON RULES AND ADMINISTRATION A bill (S. 2617) to increase, effective De- bers of Citizens Displaced by Dis- Mr. REID. Mr. President, I ask unan- cember 1, 2008, the rates of compensation for aster?’’ imous consent that the Committee on veterans with service-connected disabilities The PRESIDING OFFICER. Without Rules and Administration be author- and the rates of dependency and indemnity objection, it is so ordered. ized to meet during the session of the compensation for the survivors of certain COMMITTEE ON COMMERCE, SCIENCE, AND Senate on Wednesday, July 30, 2008, at disabled veterans. TRANSPORTATION 10 a.m. There being no objection, the Senate Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without proceeded to consider the bill, which imous consent that the Committee on objection, it is so ordered. had been reported from the Committee Commerce, Science, and Transpor- on Veterans’ Affairs, with an amend- tation be authorized to meet during COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP ment to strike all after the enacting the session of the Senate on Wednes- Mr. REID. Mr. President, I ask unan- clause and insert in lieu thereof the day, July 30, 2008, at 10 a.m., in room imous consent that the Committee on following: 253 of the Russell Senate Office Build- Small Business and Entrepreneurship SECTION 1. SHORT TITLE. ing. This Act may be cited as the ‘‘Veterans’ Com- The PRESIDING OFFICER. Without be authorized to meet during the session of the Senate on Wednesday, July pensation Cost-of-Living Adjustment Act of objection, it is so ordered. 2008’’. 30, 2008, beginning at 10 a.m. in room COMMITTEE ON ENVIRONMENT AND PUBLIC SEC. 2. INCREASE IN RATES OF DISABILITY COM- WORKS 428A of the Russell Senate Office Build- PENSATION AND DEPENDENCY AND Mr. REID. Mr. President, I ask unan- ing. INDEMNITY COMPENSATION. imous consent that the Committee on The PRESIDING OFFICER. Without (a) RATE ADJUSTMENT.—Effective on Decem- Environment and Public Works be au- objection, it is so ordered. ber 1, 2008, the Secretary of Veterans Affairs SELECT COMMITTEE ON INTELLIGENCE shall increase, in accordance with subsection thorized to meet during the session of (c), the dollar amounts in effect on November 30, the Senate on Wednesday, July 30, 2008, Mr. REID. Mr. President, I ask unan- 2008, for the payment of disability compensation at 3:15 p.m., in room 406 of the Dirksen imous consent that the Select Com- and dependency and indemnity compensation Senate Office Building to hold a hear- mittee on Intelligence be authorized to under the provisions specified in subsection (b). ing entitled ‘‘Hearing on the Nomina- meet during the session of the Senate (b) AMOUNTS TO BE INCREASED.—The dollar tion of Thomas J. Madison, Jr. to be on July 30, 2008, at 2:30 p.m. amounts to be increased pursuant to subsection Administrator of the Federal Highway The PRESIDING OFFICER. Without (a) are the following: Administration for the Department of objection, it is so ordered. (1) WARTIME DISABILITY COMPENSATION.— Each of the dollar amounts under section 1114 Transportation.’’ SUBCOMMITTEE ON NATIONAL PARKS of title 38, United States Code. The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- (2) ADDITIONAL COMPENSATION FOR DEPEND- objection, it is so ordered. imous consent that the Subcommittee ENTS.—Each of the dollar amounts under sec- COMMITTEE ON FOREIGN RELATIONS on National Parks be authorized to tion 1115(1) of such title. Mr. REID. Mr. President, I ask unan- meet during the session of the Senate (3) CLOTHING ALLOWANCE.—The dollar amount imous consent that the Committee on in order to conduct a hearing on under section 1162 of such title. Foreign Relations be authorized to Wednesday, July 30, 2008, at 2:30 p.m., (4) DEPENDENCY AND INDEMNITY COMPENSA- meet during the session of the Senate TION TO SURVIVING SPOUSE.—Each of the dollar in room SD–366 of the Dirksen Senate amounts under subsections (a) through (d) of on Wednesday, July 30, 2008, at 10:30 Office Building. section 1311 of such title. a.m. The PRESIDING OFFICER. Without (5) DEPENDENCY AND INDEMNITY COMPENSA- The PRESIDING OFFICER. Without objection, it is so ordered. TION TO CHILDREN.—Each of the dollar amounts objection, it is so ordered. under sections 1313(a) and 1314 of such title. COMMITTEE ON HOMELAND SECURITY AND f (c) DETERMINATION OF INCREASE.— GOVERNMENTAL AFFAIRS (1) PERCENTAGE.—Except as provided in para- Mr. REID. Mr. President, I ask unan- PRIVILEGES OF THE FLOOR graph (2), each dollar amount described in sub- imous consent that the Committee on Mr. REID. Mr. President, I ask unan- section (b) shall be increased by the same per- Homeland Security and Governmental imous consent that Byron Hurlbut, centage as the percentage by which benefit amounts payable under title II of the Social Se- Affairs be authorized to meet during Matt Padilla, and Michele Mazzocco of curity Act (42 U.S.C. 401 et seq.) are increased the session of the Senate on Wednes- Senator BINGAMAN’s office be granted effective December 1, 2008, as a result of a deter- day, July 30, 2008, at 10 a.m. privileges of the floor for today. mination under section 215(i) of such Act (42 The PRESIDING OFFICER. Without The ACTING PRESIDENT pro tem- U.S.C. 415(i)). objection, it is so ordered. pore. Without objection, it is so or- (2) ROUNDING.—Each dollar amount increased COMMITTEE ON THE JUDICIARY dered. under paragraph (1), if not a whole dollar Mr. REID. Mr. President, I ask unan- Mr. CASEY. Mr. President, I ask amount, shall be rounded to the next lower imous consent that the Senate Com- unanimous consent a member of my whole dollar amount. (d) SPECIAL RULE.—The Secretary of Veterans mittee on the Judiciary be authorized staff, Caryn Long, be granted the privi- Affairs may adjust administratively, consistent to meet during the session of the Sen- lege of the floor for purposes of this with the increases made under subsection (a), ate, conduct a hearing entitled ‘‘Politi- speech. the rates of disability compensation payable to cizing Hiring at the Department of Jus- The PRESIDING OFFICER. Without persons under section 10 of Public Law 85–857 tice’’ on Wednesday, July 30, 2008, at 10, objection, it is so ordered. (72 Stat. 1263) who have not received compensa- in room SD–226 of the Dirksen Senate Mr. MENENDEZ. Mr. Presdient, I ask tion under chapter 11 of title 38, United States Office Building. unanimous consent that Jillian Curtis Code. The PRESIDING OFFICER. Without from my office be granted floor privi- (e) PUBLICATION OF ADJUSTED RATES.—The objection, it is so ordered. Secretary of Veterans Affairs shall publish in leges for the duration of today’s ses- the Federal Register the amounts specified in COMMITTEE ON THE JUDICIARY sion. subsection (b), as increased under that sub- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without section, not later than the date on which the imous consent that the Senate Com- objection, it is so ordered. matters specified in section 215(i)(2)(D) of the

VerDate Aug 31 2005 03:35 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00087 Fmt 4624 Sfmt 6333 E:\CR\FM\A30JY6.086 S30JYPT1 jbell on PROD1PC69 with SENATE S7796 CONGRESSIONAL RECORD — SENATE July 30, 2008 Social Security Act (42 U.S.C. 415(i)(2)(D)) are (9) in subsection (i), by striking ‘‘$1,483’’ and (2) in subparagraph (B), by striking ‘‘$240’’ required to be published by reason of a deter- inserting ‘‘$1,517’’; and ‘‘$70’’ and inserting ‘‘$245’’ and ‘‘$71’’, re- mination made under section 215(i) of such Act (10) in subsection (j), by striking ‘‘$2,471’’ and spectively; during fiscal year 2009. inserting ‘‘$2,527’’; (3) in subparagraph (C), by striking ‘‘$94’’ SEC. 3. CODIFICATION OF 2007 COST-OF-LIVING (11) in subsection (k)— and ‘‘$70’’ and inserting ‘‘$96’’ and ‘‘$71’’, re- ADJUSTMENT IN RATES OF DIS- (A) by striking ‘‘$89’’ both places it appears spectively; ABILITY COMPENSATION AND DE- and inserting ‘‘$91’’; and (4) in subparagraph (D), by striking ‘‘$112’’ PENDENCY AND INDEMNITY COM- (B) by striking ‘‘$3,075’’ and ‘‘$4,313’’ and in- PENSATION. and inserting ‘‘$114’’; serting ‘‘$3,145’’ and ‘‘$4,412’’, respectively; (5) in subparagraph (E), by striking ‘‘$265’’ (a) VETERANS’ DISABILITY COMPENSATION.— (12) in subsection (l), by striking ‘‘$3,075’’ and Section 1114 of title 38, United States Code, is and inserting ‘‘$271’’; and inserting ‘‘$3,145’’; (6) in subparagraph (F), by striking ‘‘$222’’ amended— (13) in subsection (m), by striking ‘‘$3,392’’ (1) in subsection (a), by striking ‘‘$115’’ and and inserting ‘‘$227’’. and inserting ‘‘$3,470’’; inserting ‘‘$117’’; (c) CLOTHING ALLOWANCE FOR CERTAIN DIS- (14) in subsection (n), by striking ‘‘$3,860’’ (2) in subsection (b), by striking ‘‘$225’’ and ABLED VETERANS.—Section 1162 of such title is and inserting ‘‘$3,948’’; inserting ‘‘$230’’; amended by striking ‘‘$662’’ and inserting (15) in subsections (o) and (p), by striking (3) in subsection (c), by striking ‘‘$348’’ and ‘‘$677’’. inserting ‘‘$356’’; ‘‘$4,313’’ each place it appears and inserting ‘‘$4,412’’; (d) DEPENDENCY AND INDEMNITY COMPENSA- (4) in subsection (d), by striking ‘‘$501’’ and TION FOR SURVIVING SPOUSES.— inserting ‘‘$512’’; (16) in subsection (r), by striking ‘‘$1,851’’ and (1) NEW LAW DIC.—Section 1311(a) of such title (5) in subsection (e), by striking ‘‘$712’’ and ‘‘$2,757’’ and inserting ‘‘$1,893’’ and ‘‘$2,820’’, is amended— inserting ‘‘$728’’; respectively; and (6) in subsection (f), by striking ‘‘$901’’ and (17) in subsection (s), by striking ‘‘$2,766’’ and (A) in paragraph (1), by striking ‘‘$1,067’’ and inserting ‘‘$921’’; inserting ‘‘$2,829’’. inserting ‘‘$1,091’’; and (7) in subsection (g), by striking ‘‘$1,135’’ and (b) ADDITIONAL COMPENSATION FOR DEPEND- (B) in paragraph (2), by striking ‘‘$228’’ and inserting ‘‘$1,161’’; ENTS.—Section 1115(1) of such title is amended— inserting ‘‘$233’’. (8) in subsection (h), by striking ‘‘$1,319’’ and (1) in subparagraph (A), by striking ‘‘$139’’ (2) OLD LAW DIC.—The table in paragraph (3) inserting ‘‘$1,349’’; and inserting ‘‘$142’’; of such section is amended to read as follows:

Monthly ‘‘Pay grade Monthly rate Pay grade rate

E–1 ...... $1,091 W–4 ...... $1,305 E–2 ...... $1,091 O–1 ...... $1,153 E–3 ...... $1,091 O–2 ...... $1,191 E–4 ...... $1,091 O–3 ...... $1,274 E–5 ...... $1,091 O–4 ...... $1,349 E–6 ...... $1,091 O–5 ...... $1,485 E–7 ...... $1,129 O–6 ...... $1,674 E–8 ...... $1,191 O–7 ...... $1,808 E–9 ...... 1 $1,242 O–8 ...... $1,985 W–1 ...... $1,153 O–9 ...... $2,123 W–2 ...... $1,198 O–10 ...... 2 $2,328 W–3 ...... $1,234

1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $1,342. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,499.’’

(3) ADDITIONAL DIC FOR CHILDREN OR DIS- were effective as of December 1, 2007, to provide that the cost-of-living adjustment for ABILITY.—Section 1311 of such title is amended— for an increase in the rates of such compensa- 2009 will be 2.8 percent. (A) in subsection (b), by striking ‘‘$265’’ and tion effective December 1, 2008, and for other The COLA affects, among other bene- inserting ‘‘$271’’; purposes.’’. fits, veterans’ disability compensation (B) in subsection (c), by striking ‘‘$265’’ and Mr. AKAKA. As chairman of the Sen- inserting ‘‘$271’’; and and dependency and indemnity com- (C) in subsection (d), by striking ‘‘$126’’ and ate Committee on Veterans’ Affairs, I pensation for surviving spouses and inserting ‘‘$128’’. note my strong support for Senate pas- children. According to the latest fig- (e) DEPENDENCY AND INDEMNITY COMPENSA- sage of S. 2617, the proposed Veterans’ ures from VA, there are 2.8 million vet- TION FOR CHILDREN.— Compensation Cost-of-Living Adjust- erans currently receiving compensa- (1) DIC WHEN NO SURVIVING SPOUSE.—Section ment Act of 2008. This measure, which tion for disabilities incurred in the line 1313(a) of such title is amended— I introduced earlier this year and of duty, as well as over 316,000 sur- (A) in paragraph (1), by striking ‘‘$452’’ and which the Committee on Veterans’ Af- viving spouses of veterans receiving de- inserting ‘‘$462’’; fairs reported on July 24, would direct (B) in paragraph (2), by striking ‘‘$649’’ and pendency and indemnity compensation. the Secretary of Veterans’ Affairs to inserting ‘‘$663’’; Current U.S. military deployments in (C) in paragraph (3), by striking ‘‘$846’’ and increase, effective December 1, 2008, the rates of veterans’ disability com- Iraq and Afghanistan will ensure that inserting ‘‘$865’’; and there will be new recipients of these (D) in paragraph (4), by striking ‘‘$846’’ and pensation to keep pace with the rising ‘‘$162’’ and inserting ‘‘$865’’ and ‘‘$165’’, respec- cost of living. The rate adjustment benefits in the coming years. The brave tively. would be equal to that provided to So- men and women who voluntarily put (2) SUPPLEMENTAL DIC FOR CERTAIN CHIL- cial Security recipients, based on the themselves in harm’s way to keep our DREN.—Section 1314 of such title is amended— Bureau of Labor Statistics’ Consumer country safe need to be certain that we (A) in subsection (a), by striking ‘‘$265’’ and Price Index. will fulfill our responsibility to ensure inserting ‘‘$271’’; that those who are injured during serv- (B) in subsection (b), by striking ‘‘$452’’ and Congress regularly enacts an annual inserting ‘‘$462’’; and cost-of-living adjustment, COLA, for ice are provided with the help they (C) in subsection (c), by striking ‘‘$225’’ and veterans’ compensation in order to en- need to provide for their families’ eco- inserting ‘‘$230’’. sure that inflation does not erode the nomic security. (f) EFFECTIVE DATE.—The amendments made purchasing power of the veterans and Many of the more than 3 million re- by this section shall take effect on December 1, their families who depend upon this in- cipients of these VA benefits depend 2007. come to meet their needs. This past upon these tax-free payments not only Amend the title so as to read: ‘‘A Bill to to provide for their own basic needs but amend title 38, United States Code, to codify in- year Congress passed, and the Presi- creases in the rates of compensation for veterans dent signed into law, Public Law 110– those of their spouses, children and with service-connected disabilities and the rates 111, which resulted in a COLA increase parents as well. Without an annual of dependency and indemnity compensation for of 2.3 percent for 2008. At this time, the COLA increase, these veterans and the survivors of certain disabled veterans that Congressional Budget Office estimates their families would see the value of

VerDate Aug 31 2005 05:17 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JY6.020 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7797 their hard-earned benefits slowly dwin- TITLE II—IDENTITY THEFT ‘‘(i) an offense under subsection (a)(5)(A), dle, and we, as a Congress, would have ENFORCEMENT AND RESTITUTION ACT which does not occur after a conviction for neglected our duty to ensure that those SEC. 201. SHORT TITLE. another offense under this section, if the of- who sacrificed so much for this country This title may be cited as the ‘‘Identity fense caused (or, in the case of an attempted offense, would, if completed, have caused) a receive the benefits and services to Theft Enforcement and Restitution Act of 2008’’. harm provided in subclauses (I) through (VI) which they are entitled. of subparagraph (A)(i); or I urge all of our colleagues to support SEC. 202. CRIMINAL RESTITUTION. Section 3663(b) of title 18, United States ‘‘(ii) an attempt to commit an offense pun- passage of this COLA increase and for Code, is amended— ishable under this subparagraph; their continued support for our Na- (1) in paragraph (4), by striking ‘‘; and’’ and ‘‘(C) except as provided in subparagraphs tion’s veterans. inserting a semicolon; (E) and (F), a fine under this title, imprison- Mr. PRYOR. Mr. President, I ask (2) in paragraph (5), by striking the period ment for not more than 20 years, or both, in unanimous consent that the committee at the end and inserting ‘‘; and’’; and the case of— substitute amendment be agreed to, (3) by adding at the end the following: ‘‘(i) an offense or an attempt to commit an offense under subparagraphs (A) or (B) of the bill, as amended, be read the third ‘‘(6) in the case of an offense under sections 1028(a)(7) or 1028A(a) of this title, pay an subsection (a)(5) that occurs after a convic- time and passed, the committee-re- tion for another offense under this section; ported title amendment be agreed to, amount equal to the value of the time reasonably spent by the victim in an attempt to or the motions to reconsider be laid upon remediate the intended or actual harm in- ‘‘(ii) an attempt to commit an offense pun- the table with no intervening action or curred by the victim from the offense.’’. ishable under this subparagraph; ‘‘(D) a fine under this title, imprisonment debate, and any statements related to SEC. 203. ENSURING JURISDICTION OVER THE the bill be printed in the RECORD. THEFT OF SENSITIVE IDENTITY IN- for not more than 10 years, or both, in the The PRESIDING OFFICER. Without FORMATION. case of— objection, it is so ordered. Section 1030(a)(2)(C) of title 18, United ‘‘(i) an offense or an attempt to commit an offense under subsection (a)(5)(C) that occurs The committee amendment in the States Code, is amended by striking ‘‘if the conduct involved an interstate or foreign after a conviction for another offense under nature of a substitute was agreed to. this section; or The bill (S. 2617), as amended, was or- communication’’. SEC. 204. MALICIOUS SPYWARE, HACKING AND ‘‘(ii) an attempt to commit an offense pun- dered to be engrossed for a third read- KEYLOGGERS. ishable under this subparagraph; ing, was read the third time, and (a) IN GENERAL.—Section 1030 of title 18, ‘‘(E) if the offender attempts to cause or passed. United States Code, is amended— knowingly or recklessly causes serious bod- The title amendment was agreed to. (1) in subsection (a)(5)— ily injury from conduct in violation of subsection (a)(5)(A), a fine under this title, im- f (A) by striking subparagraph (B); and (B) in subparagraph (A)— prisonment for not more than 20 years, or FORMER VICE PRESIDENT (i) by striking ‘‘(A)(i) knowingly’’ and in- both; PROTECTION ACT serting ‘‘(A) knowingly’’; ‘‘(F) if the offender attempts to cause or (ii) by redesignating clauses (ii) and (iii) as knowingly or recklessly causes death from Mr. PRYOR. Mr. President, I ask conduct in violation of subsection (a)(5)(A), a unanimous consent that the Judiciary subparagraphs (B) and (C), respectively; and (iii) in subparagraph (C), as so redesig- fine under this title, imprisonment for any Committee be discharged from further nated— term of years or for life, or both; or consideration of H.R. 5938, and the Sen- (I) by inserting ‘‘and loss’’ after ‘‘damage’’; ‘‘(G) a fine under this title, imprisonment ate proceed to its immediate consider- and for not more than 1 year, or both, for— ation. (II) by striking ‘‘; and’’ and inserting a pe- ‘‘(i) any other offense under subsection The PRESIDING OFFICER. The riod; (a)(5); or clerk will state the bill by title. (2) in subsection (c)— ‘‘(ii) an attempt to commit an offense pun- The assistant legislative clerk read (A) in paragraph (2)(A), by striking ishable under this subparagraph.’’; and (D) by striking paragraph (5); and as follows: ‘‘(a)(5)(A)(iii),’’; (B) in paragraph (3)(B), by striking (3) in subsection (g)— A bill (H.R. 5938) to amend Title 18 United ‘‘(a)(5)(A)(iii),’’; (A) in the second sentence, by striking ‘‘in States Code to provide Secret Service pro- (C) by amending paragraph (4) to read as clauses (i), (ii), (iii), (iv), or (v) of subsection tection to former Vice Presidents, and for follows: (a)(5)(B)’’ and inserting ‘‘in subclauses (I), other purposes. ‘‘(4)(A) except as provided in subparagraphs (II), (III), (IV), or (V) of subsection There being no objection, the Senate (E) and (F), a fine under this title, imprison- (c)(4)(A)(i)’’; and proceeded to consider the bill. ment for not more than 5 years, or both, in (B) in the third sentence, by striking ‘‘sub- Mr. PRYOR. Mr. President, I ask the case of— section (a)(5)(B)(i)’’ and inserting ‘‘sub- unanimous consent that a Leahy-Spec- ‘‘(i) an offense under subsection (a)(5)(B), section (c)(4)(A)(i)(I)’’. ter amendment, which is at the desk, which does not occur after a conviction for (b) CONFORMING CHANGES.—Section another offense under this section, if the of- 2332b(g)(5)(B)(i) of title 18, United States be agreed to, the bill, as amended, be Code, is amended by striking ‘‘1030(a)(5)(A)(i) read the third time and passed, the mo- fense caused (or, in the case of an attempted offense, would, if completed, have caused)— resulting in damage as defined in tions to reconsider be laid upon the ‘‘(I) loss to 1 or more persons during any 1- 1030(a)(5)(B)(ii) through (v)’’ and inserting table, with no intervening action or de- year period (and, for purposes of an inves- ‘‘1030(a)(5)(A) resulting in damage as defined bate, and that any statements related tigation, prosecution, or other proceeding in 1030(c)(4)(A)(i)(II) through (VI)’’. to the bill be printed in the RECORD. brought by the United States only, loss re- SEC. 205. CYBER-EXTORTION. The PRESIDING OFFICER. Without sulting from a related course of conduct af- Section 1030(a)(7) of title 18, United States objection, it is so ordered. fecting 1 or more other protected computers) Code, is amended to read as follows: The amendment (No. 5257) was agreed aggregating at least $5,000 in value; ‘‘(7) with intent to extort from any person to, as follows: ‘‘(II) the modification or impairment, or any money or other thing of value, transmits potential modification or impairment, of the in interstate or foreign commerce any com- (Purpose: To amend title 18, United States medical examination, diagnosis, treatment, munication containing any— Code, to enable increased federal prosecu- or care of 1 or more individuals; ‘‘(A) threat to cause damage to a protected tion of identity theft crimes and to allow ‘‘(III) physical injury to any person; computer; for restitution to victims of identity theft) ‘‘(IV) a threat to public health or safety; ‘‘(B) threat to obtain information from a On page 2, strike lines 1 through 5, and in- ‘‘(V) damage affecting a computer used by protected computer without authorization or sert the following: or for an entity of the United States Govern- in excess of authorization or to impair the TITLE I—FORMER VICE PRESIDENT ment in furtherance of the administration of confidentiality of information obtained from PROTECTION ACT justice, national defense, or national secu- a protected computer without authorization SEC. 101. SHORT TITLE. rity; or or by exceeding authorized access; or This title may be cited as the ‘‘Former ‘‘(VI) damage affecting 10 or more pro- ‘‘(C) demand or request for money or other Vice President Protection Act of 2008’’. tected computers during any 1-year period; thing of value in relation to damage to a pro- SEC. 102. SECRET SERVICE PROTECTION FOR or tected computer, where such damage was FORMER VICE PRESIDENTS AND ‘‘(ii) an attempt to commit an offense pun- caused to facilitate the extortion;’’. THEIR FAMILIES. ishable under this subparagraph; SEC. 206. CONSPIRACY TO COMMIT CYBER- On page 3, strike line 1 and insert the fol- ‘‘(B) except as provided in subparagraphs CRIMES. lowing: (E) and (F), a fine under this title, imprison- Section 1030(b) of title 18, United States SEC. 103. EFFECTIVE DATE. ment for not more than 10 years, or both, in Code, is amended by inserting ‘‘conspires to On page 3, after line 4, insert the following: the case of— commit or’’ after ‘‘Whoever’’.

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SEC. 207. USE OF FULL INTERSTATE AND FOR- (4) Whether the defendant acted with in- S. RES. 635 EIGN COMMERCE POWER FOR tent to cause either physical or property Resolved. That the following be the minor- CRIMINAL PENALTIES. harm in committing the offense. ity membership on the following committee Section 1030(e)(2)(B) of title 18, United (5) The extent to which the offense violated for the remainder of the 110th Congress, or States Code, is amended by inserting ‘‘or af- the privacy rights of individuals. until their successors are appointed: fecting’’ after ‘‘which is used in’’. (6) The effect of the offense upon the oper- Committee on Commerce, Science and SEC. 208. FORFEITURE FOR SECTION 1030 VIOLA- ations of an agency of the United States Transportation: Mrs. Hutchison. Mr. Ste- TIONS. Government, or of a State or local govern- vens, Mr. McCain, Ms. Snowe, Mr. Smith, Section 1030 of title 18, United States Code, ment. Mr. Ensign, Mr. Sununu, Mr. DeMint, Mr. is amended by adding at the end the fol- (7) Whether the offense involved a com- Vitter, Mr. Thune, Mr. Wicker. lowing: puter used by the United States Govern- f ‘‘(i)(1) The court, in imposing sentence on ment, a State, or a local government in fur- any person convicted of a violation of this therance of national defense, national secu- MEASURE PLACED ON THE section, or convicted of conspiracy to violate rity, or the administration of justice. CALENDAR—S. 3348 this section, shall order, in addition to any (8) Whether the offense was intended to, or Mr. PRYOR. Mr. President, I under- other sentence imposed and irrespective of had the effect of, significantly interfering stand that S. 3348 is at the desk and any provision of State law, that such person with or disrupting a critical infrastructure. due for a second reading. forfeit to the United States— (9) Whether the offense was intended to, or The PRESIDING OFFICER. The ‘‘(A) such person’s interest in any personal had the effect of, creating a threat to public property that was used or intended to be health or safety, causing injury to any per- clerk will report the bill by title for used to commit or to facilitate the commis- son, or causing death. the second time. sion of such violation; and (10) Whether the defendant purposefully in- The assistant legislative clerk read ‘‘(B) any property, real or personal, consti- volved a juvenile in the commission of the as follows: tuting or derived from, any proceeds that offense. A bill (S. 3348) to provide for the investiga- such person obtained, directly or indirectly, (11) Whether the defendant’s intent to tion of certain unsolved civil rights crimes, as a result of such violation. cause damage or intent to obtain personal and for other purposes. ‘‘(2) The criminal forfeiture of property information should be disaggregated and Mr. PRYOR. I object to any further under this subsection, any seizure and dis- considered separately from the other factors proceedings with respect to the bill. position thereof, and any judicial proceeding set forth in USSG 2B1.1(b)(14). The PRESIDING OFFICER. Objec- in relation thereto, shall be governed by the (12) Whether the term ‘‘victim’’ as used in tion is heard. The bill will be placed on provisions of section 413 of the Comprehen- USSG 2B1.1, should include individuals the calendar. sive Drug Abuse Prevention and Control Act whose privacy was violated as a result of the of 1970 (21 U.S.C. 853), except subsection (d) of offense in addition to individuals who suf- f that section. fered monetary harm as a result of the of- ORDERS FOR THURSDAY, JULY 31, ‘‘(j) For purposes of subsection (i), the fol- fense. 2008 lowing shall be subject to forfeiture to the (13) Whether the defendant disclosed per- United States and no property right shall sonal information obtained during the com- Mr. PRYOR. Mr. President, I ask exist in them: mission of the offense. unanimous consent that when the Sen- ‘‘(1) Any personal property used or in- (c) ADDITIONAL REQUIREMENTS.—In car- ate completes its business today, it tended to be used to commit or to facilitate rying out this section, the United States stand adjourned until 9:30 a.m. tomor- the commission of any violation of this sec- Sentencing Commission shall— row, July 31; that following the prayer tion, or a conspiracy to violate this section. (1) assure reasonable consistency with and pledge, the Journal of proceedings ‘‘(2) Any property, real or personal, which other relevant directives and with other sentencing guidelines; be approved to date, the morning hour constitutes or is derived from proceeds trace- be deemed expired, the time for the two able to any violation of this section, or a (2) account for any additional aggravating conspiracy to violate this section’’. or mitigating circumstances that might jus- leaders be reserved for their use later in the day, and the Senate then pro- SEC. 209. DIRECTIVE TO UNITED STATES SEN- tify exceptions to the generally applicable TENCING COMMISSION. sentencing ranges; ceed to a period for the transaction of (a) DIRECTIVE.—Pursuant to its authority (3) make any conforming changes to the morning business until 10:30 a.m., with under section 994(p) of title 28, United States sentencing guidelines; and Senators permitted to speak for up to Code, and in accordance with this section, (4) assure that the guidelines adequately 10 minutes each, with the time equally the United States Sentencing Commission meet the purposes of sentencing as set forth divided and controlled by the two lead- shall review its guidelines and policy state- in section 3553(a)(2) of title 18, United States ers or their designees, with the major- Code. ments applicable to persons convicted of of- ity controlling the first half and the fenses under sections 1028, 1028A, 1030, 2511, The amendment was ordered to be Republicans controlling the second and 2701 of title 18, United States Code, and engrossed and the bill to be read a half. I further ask unanimous consent any other relevant provisions of law, in order third time. to reflect the intent of Congress that such that following morning business, the The bill (H.R. 5938), as amended, was Senate resume consideration of the penalties be increased in comparison to read the third time, and passed. those currently provided by such guidelines motion to proceed to S. 3001, the De- and policy statements. f partment of Defense authorization bill. (b) REQUIREMENTS.—In determining its MAKING MINORITY PARTY AP- Finally, I ask unanimous consent that guidelines and policy statements on the ap- POINTMENTS FOR THE 110TH the time from 10:30 a.m. to 12:30 p.m. be propriate sentence for the crimes enumer- CONGRESS controlled in alternating 30-minute ated in subsection (a), the United States blocks of time between the majority Sentencing Commission shall consider the Mr. PRYOR. Mr. President, I ask and Republican sides, with the Repub- extent to which the guidelines and policy unanimous consent that the Senate licans controlling the first 30 minutes. statements may or may not account for the proceed to the consideration of S. Res. The PRESIDING OFFICER. Without following factors in order to create an effec- 635, which was submitted earlier today. objection, it is so ordered. tive deterrent to computer crime and the The PRESIDING OFFICER. The theft or misuse of personally identifiable clerk will report. f data: The assistant legislative clerk read PROGRAM (1) The level of sophistication and planning involved in such offense. as follows: Mr. PRYOR. Mr. President, tomorrow (2) Whether such offense was committed A resolution (S. Res. 635) making minority we expect to turn to the consideration for purpose of commercial advantage or pri- party appointments for the 110th Congress. of the Consumer Product Safety Com- vate financial benefit. There being no objection, the Senate mission conference report and the (3) The potential and actual loss resulting proceeded to consider the resolution. higher education conference report. from the offense including— Mr. PRYOR. Mr. President, I ask Therefore, Senators should expect (A) the value of information obtained from unanimous consent that the resolution votes throughout the day. a protected computer, regardless of whether be agreed to and the motion to recon- the owner was deprived of use of the infor- f mation; and sider be laid upon the table. The PRESIDING OFFICER. Without ADJOURNMENT UNTIL 9:30 A.M. (B) where the information obtained con- TOMORROW stitutes a trade secret or other proprietary objection, it is so ordered. information, the cost the victim incurred de- The resolution (S. Res. 635) was Mr. PRYOR. Mr. President, if there is veloping or compiling the information. agreed to, as follows: no further business to come before the

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JAMES ANDERSON JAY M. DINTAMAN Senate, I ask unanimous consent that JAMES P. ARNOLD BRAD M. DOLINSKY it stand adjourned under the previous TRAVIS J. AUSTIN BENJAMIN J. DUFFY CHAD BANGERTER DUANE DUKE order. SAMUEL BELAU WILLIAM DUKE There being no objection, the Senate, BENJAMIN BELFIGLIO ELIZABETH H. DUQUE at 7:58 p.m., adjourned until Thursday, JOSEPH BOWLES AARON P. EDWARDS CLINTON CABLE TANJA S. EPLEY July 31, 2008, at 9:30 a.m. CHUN Y. CHAN JUDE T. ESCANO DAVID CIESLA EDUARDO ESCOBAR f STAN CLARK CLIFFORD J. EVANS JARED DEAN LEE A. EVANS NOMINATIONS MARK ERICSON EDWIN A. FARNELL IV MICHAEL FORAN ASHLEY A. FEAVER Executive nominations received by LACEY GREEN JOCELYN FIGUEROA the Senate: THOMAS R. GUNNELL COLLIN J. FISCHER KRISTOPHER HART ZACHARY E. FISHER DEPARTMENT OF ENERGY GARTH W. HATCH KEVIN FITZPATRICK DANIEL HENDRICKS ERIN FLAHERTY JAMES A. SLUTZ, OF OHIO, TO BE AN ASSISTANT SEC- KELLY J. JOHNSON SHANNON K. FLOODNICHOLS RETARY OF ENERGY (FOSSIL ENERGY), VICE JEFFREY D. THOMAS M. JOHNSON TOBY FOSTER JARRETT, RESIGNED. DANIEL D. KERSTEN ALLISON J. FRANKLIN DEPARTMENT OF VETERANS AFFAIRS KIRBY S. KJAR ERIC C. GARGES SUSAN O. KOAGEL DENA L. GEORGE PATRICK W. DUNNE, OF NEW YORK, TO BE UNDER SEC- JACQUELINE KORMANN JEREMY GIBSON RETARY FOR BENEFITS OF THE DEPARTMENT OF VET- SOOMO LEE BRUCE GILBERT ERANS AFFAIRS, VICE DANIEL L. COOPER, RESIGNED. MICHAEL R. MANSELL JENNIFER GILBERT IN THE AIR FORCE ROBERT MANSMAN JEFFREY R. GIULIANI DAVIN E. MELLUS TRISA A. GIULIANI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON M. MICHEL DAVID GLIDDEN TO THE GRADE INDICATED IN THE UNITED STATES AIR MAX H. MOLGARD, JR. JESSICA F. GOLD FORCE UNDER TITLE 10, U.S.C., SECTION 624: DAVID D. NELSON SCOTT T. GOODRICH THAO NGUYEN TIMOTHY W. GOODRICH To be lieutenant colonel LISA NORBY JASON A. GRASSBAUGH SARAH C. L. SCULLION KEVIN PARKER DAVID L. GREENBURG LOKEN M. PATEL GARTH T. GREENWELL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW E. ROBERTSON CHRISTINA D. HAHN TO THE GRADE INDICATED IN THE UNITED STATES AIR GREGORY S. RUSSELL JASMINE J. HAN FORCE UNDER TITLE 10, U.S.C., SECTION 624: RAND RUSSELL JENNIFER C. HANOWELL To be lieutenant colonel JERROD L. SANDERS UEL D. HANSEN JILL E. SANDERS SCOTT HARRINGTON RICHARD E. CUTTS DANIEL C. SHIN MARK L. HARSHANY DANIELLE SIM NIDAL M. HASAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RYAN STRATTON PATRICK C. HAYES TO THE GRADE INDICATED IN THE UNITED STATES AIR GYULA TAKACS EREK K. HELSETH FORCE UNDER TITLE 10, U.S.C., SECTION 624: DAVID TUCKER MARC W. HERR To be major AZURE L. UTLEY JENNIFER R. HEWITT MARK VAGNETTI ROBERT HICKS KARL L. BROWN PHILIP VANCE GUYON J. HILL MICAH HILL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVYN WETZEL MARY K. HINKLE TO THE GRADE INDICATED IN THE UNITED STATES AIR CLAYTON B. WILLIAMS MICHAEL HITE FORCE UNDER TITLE 10, U.S.C., SECTION 624: KEITRA T. WILSON KYUNGHEE K. YOO AARON HOBLET To be major JONATHAN YUN COURTNEY A. HOLLAND MITCHEL HOLM ANDREW T. HARKREADER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TODD R. HOWLAND TARIS S. HAWKINS TO THE GRADE INDICATED IN THE UNITED STATES ARMY JAMES T. HSU IN THE ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 KEVIN G. HUEMAN AND 3064: EDWARD A. HULTEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major MELISSA IGLESIAS TO THE GRADE INDICATED IN THE RESERVE OF THE RICHARD K. INAE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JULIE A. AKE DAVID JAMISON To be colonel KEVIN S. AKERS DOROTA J. JANIEC SHAWN M. ALDERMAN CHESTER C. JEAN STEPHEN E. HUSKEY ASNA A. AMIN RALPH E. JENSEN SAMUEL ANAYA ERICA N. JOHNSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ZACHARY ARTHURS KATHRYN JOHNSON TO THE GRADE INDICATED IN THE RESERVE OF THE ADAM ASH ROBIN JOHNSON ARMY UNDER TITLE 10, U.S.C., SECTION 12203: SIMEON W. ASHWORTH SHAWN E. JOHNSON To be colonel MEAGAN M. BACHARACH WILLIAM J. JORDAN TERRENCE BARRETT DANIEL JOYCE JENNIFER A. HISGEN CRAIG H. BARSTOW DAVID KAYLOR VIVIAN C. SHAFER ERIC BASS CLINTON G. KEILMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NICHOLAS K. BATCHELOR JEFFREY KELLY TO THE GRADE INDICATED IN THE RESERVE OF THE SLAVA M. BELENKIY JOSEPH F. KELLY ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DANIEL A. BELLIN KEVIN M. KELLY NIDHI BHATIA JOHN Y. KIM To be colonel PAMELA BLAND ROBERT S. KING MATTHEW A. BORGMAN STEPHANIE L. KIRBY KORD H. BASNIGHT FLETCHER M. BOULWARE AARON D. KIRKPATRICK DAVID C. CANNON PETER BRANDRUP RANDY KJORSTAD DANNY M. CHAPPELL JOANNA G. BRANSTETTER PETER KREISHMAN PATRICK L. CUMMINGS ELIZABETH L. BRENT ADRIAN T. KRESS KURT A. DIDIER DONNA BRISTER MICAIAH KUZMA PHILLIP N. FOSTER ADAM L. BROWN ANTON P. LACAP THOMAS L. FRANKFURT DOUGLAS N. BROWN JEFFREY N. LACKEY DEREK GILMAN JAMIE D. BULKENHOOVER JEFFREY T. LACZEK URAL D. GLANVILLE ELIZABETH R. BURCHARD KIMBERLY F. LAIRET JON L. HALL TIFFANY BURNETT DOUGLAS R. LANGFORD JOYCE A. HAMEL KAREN CALLAGHAN JEFFREY B. LANIER JAMES M. HEATON ELIZABETH A. CALLEN ABIGAIL J. LEE MARK E. JOHNSON MATTHEW R. CAMPBELL KANG H. LEE JEFFREY G. KLAVENS DEBRA CARSON SUKHYUNG LEE GERALD P. KOHNS DANIEL S. CASE KIMBERLY A. LEHMAN GERALD J. LANGAN, JR. DAVID M. CHATWIN LUCAS R. LEONARD THOMAS A. LINCOLN JOSEPH G. CHEATHAM SARA LOKSTAD WILLIAM W. MCQUADE ERIC CHIN SCOTT A. LUKE EDYE L. MORAN SUNGHUN CHO RANDY LUNDELL JOHN K. MORONEY TIMOTHY H. CHO REBECCA B. LURIA ROGER E. NELL EUGENE J. CHUNG NICK M. LY ALAN OTT PAUL CLARK DUSTEN MACDONALD LON S. PLATT JASON E. COHEN MICHAEL A. MAHLON CYNTHIA J. RAPP DANIEL V. CORDARO ASHLEY MARANICH ANTHONY P. RICCI CHRISTIAN COX KATHARINE W. MARKELL CHRISTOPHER W. ROYER AMANDA S. CUDA SCOTT A. MARSHALL, JR. ANDREW SQUIRE SCOTT P. CUDA MICHAEL C. MARTE ANTHONY R. TEMPESTA RACHEL A. CUENCA JENNIFER MATHIEU DAVID K. TRAUTMAN MARTHA E. CULPEPPER ROSS M. MATHIEU WILLIAM W. WAY MATTHEW CURNUTTE JAMES MAUTNER FRANK D. WHITNEY CLIFTON R. DABBS DUSTIN M. MCDERMOTT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NEIL B. DAVIDS MICHAEL J. MCDONALD TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID C. DEBLASIO CAMILLE F. MCGANN DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 SEAN DEMARS ROBERT W. MCINTOSH AND 3064: CHAD A. DEROSA CAROL MCLAUGHLIN To be major PETER A. DESOCIO JOSEPH C. MCLEAN MARK DEVENPORT NEIL MCMULLIN BRADLEY AEBI AARON N. DEWEES KEVIN MCPHERSON

VerDate Aug 31 2005 03:35 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4624 Sfmt 9801 E:\CR\FM\G30JY6.103 S30JYPT1 jbell on PROD1PC69 with SENATE S7800 CONGRESSIONAL RECORD — SENATE July 30, 2008 CHARLENE S. MCWILLIAMS To be commander DAVID C. WEBBER GRANT D. MCWILLIAMS CHRISTOPHER L. WEBSTER SEAN MEADOWS DANIEL T. GAGE JOHN E. WILLIAMS PAUL M. MICHAUD STEVEN R. JACOBS STEVEN T. WISNOSKI ETHAN A. MILES RONALD G. SEITS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KRISTIN MILLER KELLY A. WATSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY LUKE M. MILLER UNDER TITLE 10, U.S.C., SECTION 624: FOUAD J. MOAWAD To be lieutenant commander To be lieutenant commander KELLY MORALES KRISTIAN B. BARTON PEREZ J. MORALES JEFF A. BLEILE TIMOTHY R. CAMPO CRISTIN A. MOUNT JAMES W. HENDLEY SHELLEY D. CAPLAN KUWONG B. MWAMUKONDA ANDREW G. LIGGETT DAVID J. CHENEY JASON M. NAKAMURA ROBIN C. CHERRETT THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JOSHUA T. NAPIER JENNIFER E. CLINE SHAHIN NASSIRKHANI MENT TO THE GRADE INDICATED IN THE REGULAR NAVY MICHAEL D. DUENSING BURTON T. NEWMAN UNDER TITLE 10, U.S.C., SECTION 531: JASON D. GIPSON VU Q. NGUYEN To be lieutenant commander AMY D. HECK ADAM S. NIELSON MATTHEW K. HENIGIN ROBERT NOLAN PATRICK J. FULLERTON ALICIA A. HOPKINS EMUEJEVOKE J. OKOH DAVID R. LEWIS NKEMAKONAM OKPOKWASILI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY P. MCGEEHAN BRUCE A. ONG TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRANDON K. MCWILLIAMS JUSTIN D. ORR UNDER TITLE 10, U.S.C., SECTION 624: ERIN E. OMARR CHRISTOPHER OTT To be lieutenant commander SAMANTHA J. POTEETE DAVID OWSHALIMPUR GREGORY P. RAY JOSEPH PARK JOSHUA D. CROUSE JANICE L. RICE DAVID M. PARKER DAVE S. EVANS WILLIAM D. TAGGART GREGORY D. PARKHURST CHRISTOPHER L. TAPPEN PRANAV D. PATEL THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- RICARDO A. TREVINO MATTHEW PFLIPSEN MENT TO THE GRADE INDICATED IN THE REGULAR NAVY ANA L. WILSON MATTHEW A. POSNER UNDER TITLE 10, U.S.C., SECTION 531: JOHN E. WOODS III JENNIFER PUGLIESE To be lieutenant commander DAVID PULA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ABIGAIL C. RAEZ MATTHEW E. DUBROW TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN R. REAUME TAMER N. A. MANSOUR UNDER TITLE 10, U.S.C., SECTION 624: JUSTIN M. RECKARD ADRIAN D. TALBOT To be lieutenant commander THEODORE T. REDMAN ROBERT S. THOMAS THOMAS REGAN MICHAEL M. ANDREWS JULIE A. REID THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONALD W. BEISH DANIEL REYNOLDS TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARY L. BERRIAN JACOB H. RICHARDSON UNDER TITLE 10, U.S.C., SECTION 624: BRIAN S. BOONE DIANA RIERA To be lieutenant commander MARK A. CAMACHO JAMIE C. RIESBERG THOMAS E. CHILDERS, JR. RAUL A. RIVERA ZACHARY A. BEEHNER MELISSA M. CLARADY JUSTIN ROBBINS LISA C. BERG TRAVIS W. DAWSON ROSEMARIE RODRIGUEZ BENJAMIN F. COTE RANDAL E. FULLER ROMAN D. ROSARIO RACHID ELBADRI CRAIG A. GABRIELLINI LINDSEY D. ROSCHEWSKI RICARDO A. FLORES ANTHONY J. GILLESPIE KIRK S. RUSSELL RAJA G. HUSSAIN WILLIAM K. GILMORE WESLEY RYLE NICHOLAS G. OSBURN JOHN K. GRIMES KATHLEEN M. SAMSEY CONSTANTINE N. PANAYIOTOU THOMAS J. HAINES MIGUELGERENA F. SAN DAVID R. WILCOX JAIME L. HILL AMY SANCHEZ MICAH R. KELLEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID C. SCHNABEL AARON M. LITTLEJOHN TO THE GRADE INDICATED IN THE UNITED STATES NAVY ERIC SCHNEIDER DERBY C. LUCKIE UNDER TITLE 10, U.S.C., SECTION 624: THOMAS J. SEERY ADEJOSE R. MCKOY ANDREW SENCHAK To be lieutenant commander ROBERT D. MCLAUGHLIN, JR. GIRISH SETHURAMAN JOSEPH B. MOORE NICHOLES SEXTON DENVER L. APPLEHANS ROBERT W. MOORE SHAWN C. SHAFFER PAMELA S. BOU ANDREW J. NEBOSHYNSKY DUSTIN L. SHAWCROSS LEWIS T. CROSBY ALLEN C. RUTLEDGE JOHN SHEPPARD JEREAL E. DORSEY KENT L. SANDERS BENJAMIN SIGMOND KAREN E. EIFERT FIKRET SARISEN DARBY L. SILVERNAIL RONALD S. FLANDERS JEREMIAH E. SHAFER DAPHNE G. SIMS JAMES R. HOEFT WILLIAM L. SMILEY EVA SMIETANA SARAH T. SELFKYLER THOMAS E. STEWART DARREN J. SOMMER CHRISTOPHER S. SERVELLO DWIGHT D. TAYLOR DAVID R. STAGLIANO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC G. TURNER DEREK STANER TO THE GRADE INDICATED IN THE UNITED STATES NAVY ALWIN E. WESSNER CHRISTOPHER STANG UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH ZULIANI AARON K. STARBUCK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES STINCHON To be lieutenant commander TO THE GRADE INDICATED IN THE UNITED STATES NAVY GERALD W. SURRETT LYLE P. AINSWORTH UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER SUTTON KEVIN D. BITTLE MICHAEL P. SZCZEPANSKI JEFFREY A. BROWN To be lieutenant commander SCOT A. TEBO JESUS D. CUNILLERA LASUMAR R. ARAGON MICHAEL THWING STEVEN M. DOWNS DAVID D. TIMM MICHAEL A. BURKHARD ANTHONY S. ESTEP LUC D. DELANEY ROBERT TRAINER CLINT B. FONDO HUNG V. TRAN ELAINE S. DUSETZINA SEAN HANSON CHRISTOPHER D. EPP TUAN C. TRAN STEPHEN C. KEHRT JACOB L. TURNQUIST KEITH B. FAHLENKAMP STANLEY M. LAKE, JR. WILLIAM F. FALLIER CHRISTINE M. VACCARO CLAYTON B. MASSEY NEEL K. VAIDYA JOHN W. GAMBLE CHRISTOPHER M. MIERA ROBERT A. GOLD JOHN VALOSEN BENJAMIN J. MOORE ELLIOTT VANN WESTON L. GRAY MICHAEL P. MULHERN CARLUS A. GREATHOUSE VEETA M. VAUGHN WILLIAM A. PALMER TIMOTHY D. WAGNER TODD R. GREENE MARIA C. REYMAN WILLIAM L. HAGAN JAMES Y. WANG JOSEPH B. RUFF CYNTHIA L. WEBER ANDREW J. HOFFMAN VICTORIA A. STATTEL JONATHAN J. H. KIM ERIC D. WEBER KENNETH I. STEWART TIMOTHY S. WELCH WILLIAM E. KOSZAREK III OSMAY TORRES HANNAH A. KRIEWALDT JOSHUA WILL JUAN C. VARELA DANIEL M. WILLIAMS NATHAN E. LYON NJUGUNA MACARIA KAMEKEA C. WILLIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PETER MAJEWICZ RYAN A. WITHROW TO THE GRADE INDICATED IN THE UNITED STATES NAVY GREGORY A. MOSELLE ROSS A. WITTERS UNDER TITLE 10, U.S.C., SECTION 624: JAMES P. WOODROW LEE A. NICKEL DANIEL WOYDICK To be lieutenant commander NICOLE K. NIGRO CHRISTOPHER D. YAO MARK C. PARRELLA RODNEY O. ADAMS WILLIAM P. PEMBERTON WALTER YEE CHRISTOPHER G. BRIANAS JOHN W. YOKITIS MITCHELL R. PERRETT WILLIE D. BRISBANE DEREK T. PETERSON SYLVIA C. YOON NINA M. BUTLER SCOTT E. YOUNG ROBERT C. QUESENBURY, JR. DAMIAN M. GELBAND KIAH B. RAHMING VANESSA GIVENS IN THE NAVY MATTHEW K. SCHROEDER RICHARD A. HUTH RANDOLPH E. SLAFF, JR. THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- RICHARD D. JOHNSTON, JR. GEORGE T. SOUTHWORTH POINTMENT IN THE GRADES INDICATED IN THE UNITED DOUGLAS W. JONES ZALDY M. VALENZUELA STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: RICHARD A. KNIGHT, JR. TYRONE Y. VOUGHS YOLANDA K. MASON BENJAMIN A. WILDER To be captain JOYCE E. NELSON ROBERT E. WILLIAMS JAMES D. POE SARAH E. ZARRO ANTHONY M. GRIFFAY ADRIANNE Y. SEARS KENNETH L. MERRICK JOHN J. SIMONSON III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL P. UVA ROBERT S. SMITH TO THE GRADE INDICATED IN THE UNITED STATES NAVY JEFFREY P. WOOD LARRY B. TALTON UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Aug 31 2005 03:35 Jul 31, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4624 Sfmt 9801 E:\CR\FM\A30JY6.048 S30JYPT1 jbell on PROD1PC69 with SENATE July 30, 2008 CONGRESSIONAL RECORD — SENATE S7801 To be lieutenant commander ANDREA L. SMITH ORLANDO RAMOS RYAN C. SMITH RONALD G. RANCOURT AUDREY G. ADAMS SARKIS SOLAKIAN TERRY L. RHODES DAVID C. ANDERSON JEREMY D. SPECTOR KENNETH A. SABOL DAVID S. BARNES DANIEL P. SPEER CRAIG R. SADRACK RICHARD G. BENSING NICHOLAS A. STOJANOVICH BERNARD B. SALAZAR MARK L. BOGGIS JOHN W. STOLZE III DAVID T. SANDERLIN JOHN V. BREEDLOVE LANCE A. TAYLOR NICHOL M. SCHINE CHRISTINE A. COCHRAN ANTHONY J. TORIELLO CARL F. SCHOLLE BRIAN CONNETT WILLIAM R. WALSH BRUCE SCOTT JACQLYNN K. D. DAVIS BRADLEY J. WALTERMIRE ROBIN C. SHAFFER MARK E. DYE JARROD M. WARREN MICHAEL T. SHERROD ROBERT R. ELLISON III CHAD R. WEDEL RICKY L. SHILO KAREN D. GOFF MICHAEL J. WEED, JR. KENNETH R. SMITH BOBBY R. GREEN NICK G. WICKER, JR. ANTHONY W. STACY MICHAEL J. HERLANDS RICHARD M. YEATMAN NORMAND O. STCYR CLAY C. HERRING JOSEPH A. ZERBY JEFFREY C. STELZIG JOHN N. HILL DENNIS M. ZOGG BRIAN C. STOUGH MISTY D. HODGKINS RITCHIE L. TAYLOR JASON S. HULL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH C. TEASLEY MICHELLE HUMPHREY TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN W. THIERS BRUCE S. IVERSEN UNDER TITLE 10, U.S.C., SECTION 624: EUGENE TILLERY LAURA JEFFERIES To be lieutenant commander MARK K. TILLEY LAWRENCE W. KEMPISTA JOSE L. TORRES IRA D. LAMBETH III EMMANUEL C. ARCELONA WILBERT M. WAFFORD KENNETH W. LASSEK CHARLES E. ARDINGER TREVOR B. WHALEY KAREN Y. LI AARON S. AUSBROOKS KENNETH J. WILLIAMS CHARLES W. MAYO DAVID L. BALDWIN VINCENT J. WOOD MICHAEL J. MCCAFFREY JERRY L. BARTEE WILLIAM R. WOODFIN JOSIE L. MOORE JOHN O. BEACH BERNERD C. ZWAHLEN SHELLEE A. MORRIS KENNETH T. BELLOMY MATTHEW S. MORTON MICHAEL W. BICKFORD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SEAN R. MULDER CHRISTOPHER P. BOBB TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT A. MULLINS KEVIN M. BONSER UNDER TITLE 10, U.S.C., SECTION 624: GARY M. OLIVI MICHAEL L. BORNSTEIN To be lieutenant commander BERNARD T. ONEILL III JOHN M. BRAY CATALINA L. PHIPPEN RANDY E. BROWN CAL R. ABEL ROBERT E. RILEY JAMES J. BURNETTE COLIN M. ACKERMAN JONATHAN P. RINKUS JOHN M. CARMICHAEL GREGORY R. ADAMS JESUS A. RODRIGUEZ DAVID E. CARROLL JEREMIAH V. ADAMS JOSHUA J. SANDERS ANTHONY J. CHILES KEVIN M. ADAMS AMY E. SHROUT SHAUN A. CHITTICK KEITH T. ADKINS STEVE J. SOLLON MANUEL A. CORTES CHARLES C. ADKISON KENNETH W. STGERMAIN MICHAEL T. CURRY JOHN S. ADKISSON JAMES R. SWAYZE DOUGLAS L. DANIELS SEAN P. AHEARNE JAMES B. VERNON DZUNG P. DAVIS MEHDI A. AKACEM ANTHONY DIAZ EUGENE A. ALBIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAUL A. DISE MICHAEL B. ALBUS TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOSEPH E. DOLSAK DANIEL R. ALCORN UNDER TITLE 10, U.S.C., SECTION 624: JAMES C. DYER KENNETH D. ALEXANDER To be lieutenant commander DANIEL W. ELSASS DAVID M. ALIBERTI RICARDO G. ENRIQUEZ RONALD E. ALLEN ADAM L. ALBARADO RANDALL I. FEHER CHRISTA D. ALMONTE MICHAEL P. BAILEY DONALD E. FRANDSEN SCOTT C. ALMS ALLAN M. BAKER FRANK P. FUHRMEISTER RICARDO ALSTON DAVID T. BARR TROY S. GIGER AARON M. ANDERSON KARL L. BENDER STEPHEN E. GILL KEVIN J. ANDERSON JOSEPHINE F. BERNABE GERALD W. GLADDERS TODD A. ANDERSON ANTHONY BOICH TOD M. GREVER RYAN S. ANNIS JOHN P. BONENFANT REBECCA L. HAGEMANN JASON R. ANSTEAD AMANDA M. BORNGEN ROBERT L. HAINLINE, JR. ZACHARIAH D. APERAUCH ANDREW W. BOYDEN AUBREY K. HAMLETT JOSE A. ARANA ALAN M. BRECHBILL ERIC J. HARRINGTON JULIAN D. ARELLANO LISA M. BRENNEN CHRISTOPHER K. HAYNIE BENJAMIN F. ARMSTRONG JOHN P. CARDIN JAMES J. HEAVEY TREVOR J. ARNESON ERIC T. CASTILLO CALVIN G. HENDRIX GREGORY S. ARNOLD TIMOTHY P. CHESSER JACOB R. HILL SEAN M. BABBITT JAMES P. CHRISTENSEN ERIC T. HOLLIS EDWARD W. BAHAM LAURA A. COAPSTICK MARLIN O. HOUSER DANIEL A. BAKKER VALERET H. COLLINS TIMOTHY S. HUNT MATTHEW J. BALDWIN ALFRED J. CORKRAN III STEVEN B. JAMES MICHAEL W. BALL DEMETRIUS COX NOMER F. JAVIER FRANKLIN F. BALLOU LEIGH A. DETWILER DEREK S. JENSEN DAVID H. BANKART DALE C. DURLACH CHARLES O. JONES DWAYNE E. BARNETT STAFFAN L. EHRLANDER SANFORD L. KALLAL JONATHAN L. BARON GREGORY J. ENGLISH ALAN D. KENEIPP SONIA M. BARRANTES OSCAR J. ESTRADA JOSEPH KLAPISZEWSKI ROBERT J. BARRETT RODNEY C. FERIOLI RANDY D. LANGLITZ JOHN P. BARRIENTOS ROGER D. FERRELL, JR. DENNIS M. LATOUR DAVID D. BARRINGTON MITCHELL H. FINKE RICKY W. LEE, JR. BRYAN P. BARRY JEFFREY T. FREYE WILLIAM G. LEWIS JOHN R. BARTAK JENNIFER L. GILLOOLY JOHN E. LOHR JASON K. BARTHOLOMEW THOMAS J. GILMORE LEONARD J. LONG SCOTT A. BARTRAM CHRISTOPHER L. GODIER CALVIN LOPER SETH E. BASS DANIEL C. GRAY ROBERT J. LOPEZ EMILY L. BASSETT STUART A. GREEN MITCHELL D. LOTT TY D. BATHURST ROBERT J. HAMILTON RICHARD F. LOVE III JONATHAN C. BEATTIE NELSON D. HEINTZ DOUGLAS H. LOYD SCOTT C. BEATY MICHAEL A. HUBBARD ROBERT A. LUTZ MITCHELL D. BECKER ROBERT W. JOHNSTON JAMES W. MACISAAC III DANA N. BEERY JAMES H. KING ANCEL S. MANALILI LAWRENCE M. BEHR CHRISTINA R. LAUGHLIN ERROL K. MANDRELL ALICIA L. BELCHER ERROL M. LAUMANN LUIS R. MARROQUIN CHRISTOPHER R. BELL JOEL E. LEATH DREW W. MARTINEZ JAMES W. BENDER DAVID C. LUNDQUIST CHRISTOPHER C. MCCARTER LEOPOLDO L. BENITES YERODIN J. MACK JEFFREY T. MCMILLAN CHRISTOPHER L. BENJAMIN PETER N. MADSON TROY A. MCQUEENEY DANIEL S. BENSE KENNETH P. MATTHIAS MICHAEL A. MEADS BRYCE A. BENSON ANTONIO MAURO MICHAEL S. MILLS LISA M. BERBERICH STEVEN R. MCKINNEY GEORGE I. MOORE BENJAMIN M. BERKOWICK JACOB W. NEELY MICHAEL A. MORAND ERIC A. BERNSEN WILLIAM H. NESBITT RODNEY H. MOSS CARL A. BERNTSEN CHRISTOPHER A. NIGON JOHN D. NAYLOR RAMON J. BERROCAL CHRISTOPHER W. ODELL JOHN W. NELSON EDWARD P. BERTUCCI THOMAS C. OTTOSON MICHAEL S. NIELSEN ROBERT L. BETTS LAURA H. PARSONS THOMAS OBER ERIK M. BICKLE ERIC D. PEDERSEN MICHAEL S. OLDHAM JONATHAN R. BIEHL ROBERT V. PEELER, JR. ENRIQUE ORTIGUERRA MARK S. BIERWIRTH ANDREW G. PLUMER MICHAEL R. OTTO CARL T. BIGGS DARREN M. POOLE PAUL R. OUELLETTE CHRISTOPHER M. BIGGS PETER P. QUINN RAYMOND A. PARHAM RYAN B. BILLINGTON MICHAEL J. RANCOUR WILLIAM P. PARKS MICHAEL J. BILLMAN BENJAMIN W. RAYBURG RICK C. PEREZ JASON L. BIRCH CALEB RISINGER JOHN E. PHILLIPS JAMES R. BIRD JOSIE J. RODRIGUEZ ROBERT G. PINSKI BRIAN C. BLACK MEGAN H. SAGASER LLOYD R. PLANTY JERICK C. BLACK REGINA SLAVIN REX N. PUENTESPINA JOHN G. BLAKE

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SHANE A. BLANCHARD JOSEPH A. CUBA MICHAEL D. FULLER DANIEL A. BLEICHER SCOTT M. CULLEN LYNN M. FULTON SHAN A. BOGART HAROLD V. CULLY JOSEPH J. FURCO JON G. BOGER JOHN S. CURRIE JONATHAN M. FUSSELL ANDREW D. BOGIE SEAN T. CURTIN BRYAN S. GALLO AARON R. BOMAR RICCARDO S. CUTRUZZULA RAYMOND J. GAMICCHIA DOUGLAS B. BOOHER KIM M. DACOSTA DAVID A. GANCI REX A. BOONYOBHAS RICHARD T. DANIELS TIMOTHY P. GANTZ ADAM P. BOOTH TODD M. DANTONIO BRADLEY J. GARMS BRITT W. BOUGHEY MICHAEL K. DARBY CASE W. GARRISON KENNETH A. BOURASSA JOSEPH O. DAVIDSON IV SHAINE L. GARRISON JOHN R. BOWEN BRADFORD W. DAVIS VICTOR J. GARZA DESOBRY E. BOWENS JOHN A. DAYMUDE ERIC C. GATLEY JEFFREY M. BOWMAN JANET H. DAYS JASON R. GAUDETTE HAROLD W. BOWMANTRAYFORD CHANLOR C. DEAL WAYNE H. GAYLE JEREMY D. BOYD STEPHEN P. DEAN CHRISTOPHER T. GEORGE ROBERT C. BOYER CHRISTOPHER B. DEBONS DAVID M. GERACE KURT A. BRAECKEL DEAN C. DEBOURGE DONALD P. GERHARDSTEIN THOMAS J. BRASHEAR BENJAMIN D. DECKERT CLIFTON M. GIBSON SCOTT A. BRAUER DANIELLE C. DEFANT CHRISTOPHER J. GIERHART WILBERT B. BREEDEN JASON F. DEGROOT PAUL R. GIGUERE RICADEMUS BREITWIESER JASON M. DEICHLER JAMES M. GILLISON HARRY J. BRODEEN MICHAEL F. DELANEY BRADFORD R. GILROY COREY R. BROGNA NICHOLAS C. DELEO JOSHUA B. GLENN PETER J. BROTHERTON MATTHEW C. DEMARTINO RAY A. GLENN JASON D. BROWN EARL J. DEMERSSEMAN II VICTOR J. GLOVER JOSEPH C. BROWN III TROY R. DENISON MARIACRISTINA GOMEZ JUSTIN S. BROWN CHRISTOPHER S. DENNY DANIEL R. GOOD KENNETH R. BROWN MATTHEW A. DENSING RYAN M. GORMLEY STACEY L. BROWN RAVI M. DESAI MICHAEL A. GORSKI STEPHEN BROWN JOHN D. DESPLINTER JUSTIN D. GOSS SONYA L. BROWNCONNER RYAN P. DEXTER CLARENCE Z. GRAVES EDWARD J. BROWNE NATHAN P. DIAZ SAMUEL A. GRAY JEREMY S. BRYANT ANTHONY D. DIBUCCI JOHN T. GREEN STEVEN L. BRYANT PETER J. DICARO WELLS W. GREEN TERRY L. BUCKMAN JOHN M. DICK JOHN C. GREER DUSTIN D. BUDD RYAN M. DICK JUSTIN P. GRIFFIN ROBERT E. BULATAO MATTHEW J. DIGERONIMO JASON D. GRIZZLE MARK C. BURKE ROBERT J. DIRGA DAVID W. GROGAN BRANDON J. BURKETT JOHN E. DOLBY III JEREMY A. GROSS ANDREW T. BURNS JAMES A. DOMACHOWSKI STEVEN M. GROVES TYRONE BUSH BRIAN L. DORSEY MICHAEL C. GRUBB JASON G. BUTLER TIMOTHY D. DOUGHERTY MICHAEL S. GRUELL ANDREW V. BYRNE JONAS I. DOWNING EDGAR GUERRERO JASON A. CABRAL DENNIS T. DOYLE KYLE L. GUILFOYLE ANDREW M. CAIN SHAWN J. DOYLE JAMES A. GUIMOND SHALEN O. CAIN ALBERT L. DOZIER DAVID A. GUNN NOEL C. CAJUDO CHRISTOPHER M. DRAGO ARTHUR K. GUTTING DAVID A. CALDWELL STEPHEN R. DRAPER RYAN C. HAAR CLAUDINE CALUORI DOUGLAS A. DREESE MARK A. HAAS KEITH E. CAMPBELL ROSS A. DRENNING DAVID S. HAASE GILBERT T. CANDELARIA JOHN P. DROSINOS AARON R. HAGER TODD W. CANNAN MARIO V. DUARTE FIONA C. HALBRITTER PABLOBENITO G. CAPISTRANO II GARY E. DUBIA CHAD C. HALBROOK ARRVID E. CARLSON ENNO J. DUDEN JELANI K. HALE TED W. CARLSON WILLARD E. DUFF III ANDREW B. HALL JAMES H. CARSNER II DENNIS M. DUFFY II BRIAN E. HALL MACKENZIE J. CARTER DEREK D. DUFORD RAYMOND B. HAM TIMOTHY R. CARTER ROBERT DUNCAN III BRIAN K. HAMEL ROBERT G. CARTON ROBERT T. DUNN KEVIN A. HAMMER DAVID B. CASSALIA VU L. DUONG JOSHUA A. HAMMOND MICHAEL J. CASSIDY JEAN J. DUPINDESAINTCYR ALEX L. HAMPTON ROBERT D. CASSIDY, JR. GREG M. DUSETZINA MARC A. HANSON RAPHAEL R. CASTILLEJO MICHAEL L. DUTTON ANTHONY J. HARDENBROOK EMILY A. CATHEY JOHN R. DYE MATTHEW T. HARDING DAN S. CATLIN PATRICK M. DZIEKAN III CHAD A. HARDT ORVILLE W. CAVE BRIAN C. EARP BRANDON J. HARJER DAVID A. CEARLEY DERRICK W. EASTMAN WILLIAM M. HARKIN DEREK J. CEDARS ROBERT H. EASTMAN III ANTHONY J. HARRELL ARTHUR J. CERVENY GEORGE R. EBARB CHRISTOPHER N. HARRIS DAVID J. CHAMPAIGNE DAVID K. EDGERTON BRIAN D. HARTMAN CURTIS S. CHANCE DAVID J. EHREDT, JR. STEPHEN D. HARTMAN PAUL A. CHANDLER ROBERT E. EILERS, JR. TRAVIS A. HARTMAN BENJAMIN D. CHARLES RANDY M. ELDER MICHAEL W. HARTMANN CAMERON R. CHEN BENJAMIN M. ELFERT JEFFREY J. HARTSELL VINCENT P. CHEN CHRISTOPHER J. ELLISON WILLIAM W. HASEGAWA RANDOLPH CHESTANG JOSHUA C. ELLISON PHILIP M. HASKINS DAVID C. CHEVRETTE MICHAEL P. ELROD BRADY M. HATCHER III MATTHEW P. CHOQUETTE CAROLYN A. ENGLER ROBERT B. HAULENBEEK III BENJAMIN B. CHRISTEN RYAN B. ERNST RYAN C. HAYES KEVIN S. CHRISTENSON SEAN C. ESPIRITU MARY K. HAYS BENJAMIN J. CIPPERLEY TRAVIS M. ESTEVES SEAN P. HAYS BENJAMIN N. CITTADINO JAYSON E. EURICK JOSEPH K. HAYWOOD CHRISTOPHER T. CLARK STEVEN C. EVERHART BENJAMIN J. HEINEMEIER JEREMY A. CLARK JOSHUA D. FAGAN CRAIG W. HEMPECK KALOHI R. CLARK JOSEPH E. FALS MARC R. HENDERSON TYREE N. CLARK MATTHEW D. FANNING DUSTIN B. HENDRIX JAMES W. CLAY JEFFREY A. FARMER MICHAEL D. HENRY JASON I. CLAY SAMANTHA A. FARRICKER SIDDHARTHA D. HERDEGEN MICHAEL S. CLOUD GORDON F. FAULKNER JESSICA L. HERMAN LAURIE N. COFFEY BRIAN J. FELLONEY MARCOS HERNANDEZ PATRICK D. COFFEY TIM L. FERRACCI DUANE I. HESS EVAN M. COLBERT PAUL F. FISCHER JEREMY J. HESSELROTH JOEL E. COLE DOUGLAS G. FITCHETT CLARK H. HICKINGBOTTOM MARCUS L. COLE VAN R. FITZSIMMONS JIMMY B. HIERS, JR. DAVID S. COLLINS LYNN N. FLEDDERJOHN JASON B. HIGGINS CHRISTOPHER M. CONLON ANDREW D. FLEISHER MICHAEL F. HIGGINS BRADLEY D. CONVERSE JONATHAN M. FLOYD MICHAEL S. HIGGINS MATTHEW K. COOMBS MATTHEW C. FLYNN IAN J. HILDRETH SCOTT C. COONAN JASON M. FOGLE JESSE G. HILL JASON T. COOPER JAY N. FORSGREN VICTOR A. HILL THOMAS J. COOPER ANDREW K. FORTMANN JAMES A. HILTON AARON S. CORNETT KELSEY C. FOSTER JUAN E. HINES COLIN CORRIDAN RICHARD P. FOSTER ANDREW C. HOCHHAUS PATRICK S. CORRIGAN ADAM H. FOX LISA B. HODGSON DANIEL CORTES JASON D. FOX MATTHEW D. HOEKSTRA PAUL J. COSTANZO CHRISTOPHER T. FRANSSEN DANIEL P. HOGAN THOMAS E. COTTON JEFFREY B. FRANZ CHRISTOPHER S. HOLBERT STEPHEN V. COURTRIGHT DONALD M. FREEMAN BRETT W. HOLDIMAN JEFFREY G. COVEY MARIO T. FREEMAN MARTIN J. HOLGUIN HOWARD J. CRAIG PETER D. FRENCH PHILLIP C. HOLMGREN CAROLYN D. CRARY MATTHEW T. FRENIERE JEFFREY T. HOLSER RICHARD A. CRAWFORD JONAS FREY YOUNG P. HONG KEVIN R. CRISSON STEVEN A. FUCHS DOUGLAS C. HOOD KEVIN R. CROCKETT DANIEL R. FUCITO MAURICE C. HOOD IV THOMAS J. CRONLEY KIRK A. FUGATE ROYCE E. HOOD III BRIEN J. CROTEAU NATHAN W. FUGATE MATTHEW L. HOOKER

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FELIX L. HOPKINS JUSTIN S. LEWIS ANDREW M. MORRISON JAMIE D. HOPKINS STEVEN L. LIBERTY JAMES A. MORROW MICHAEL W. HOSKINS JOHN R. LIDDLE ANTHONY D. MORTIMER ERIC M. HOWARD WAYNE LIEBOLD MATTHEW H. MORTON STEPHEN M. HRUTKA ROBERT W. LIGHTFOOT WILLIAM P. MOYNAHAN CHRISTOPHER L. HUBBARD AMY E. LINDAHL MICHELLE S. MUI DANIEL J. HUBERT BO E. LINDSTRAND CHRISTOPHER R. MULDOON TISH M. HUFF DEAN M. LINER MICHAEL G. MULLEN JOSEPH A. HUFFINE JESSICA A. LIPSKER JUDITH A. MULLER JEFFREY A. HURLEY MICHAEL T. LISA JAMES A. MURDOCK DAVID P. HURN WILLIAM K. LITTRELL RILEY W. MURDOCK JAMES F. HURT CHRISTIAN W. LOCHER BRIAN P. MURPHY, JR. JASON D. HUTCHERSON STEPHEN M. LOESCH CHRISTOPHER S. MURPHY ANTONIO L. HYDE KEVIN A. LOGAN JOSEPH D. MURPHY III JAMES R. IMLAH NINO W. LOGAN KEVIN P. MURPHY FRANK T. INGARGIOLA PETER A. LOGAN PATRICK J. MURPHY ERIC C. ISAACSON BRIAN S. LONG PATRICK R. MURPHY AUSTIN M. JACKSON THOMAS J. LOUDEN DAMON L. MYERS BRANDY T. JACKSON MATTHEW D. LOVERINK JAMEY L. MYERS JEREMIAH D. JACKSON THOMAS R. LOVETT ROBERT J. MYERS RYAN S. JACKSON JOHN S. LUCAS MARK H. NAGEL JAMES S. JAEHNIG JOHN A. LUKACS IV LAWRENCE D. NANCE JOHN J. JALLETTE CHAD W. LUKINS CHUAN A. NAPOLITANO JERIN T. JAMES TOM R. LUNSFORD III DAVID S. NAVA QUINTIN L. JAMES CHRISTOPHER M. LUTGENDORF DAVID G. NEALL WILLIAM M. JAMESON DANTE L. MACK PATRICK M. NEISE ERIC P. JAUTAIKIS MATTHEW J. MACKAY ALEJANDRO R. NELSON ANGELA H. JOHNSON ASHLEY MADISON PATRICK J. NEWBROUGH AUSTIN C. JOHNSON MICHAEL E. MADRID VINCENT K. NGUYEN BRENT M. JOHNSON RODERICK D. MAGEE ERIC A. NICHOLSON BRIAN M. JOHNSON JAMES E. MAHONEY, JR. MICHAEL J. NICKELS JON A. JOHNSON ROBERT P. MAJORIS DANIEL E. NIEVES LEWIS JOHNSON, JR. JEFFERY S. MANDERY MICHAEL L. NIX NATHAN A. JOHNSON DEAN M. MANLEY CALVIN NOBLES PATRICK A. JOHNSON KEITH G. MANNING II TIFFANIE L. NORRIS REGINALD E. JOHNSON WILLIAM C. MANSFIELD ROBERT B. NOVOTNY ADAM W. JOHNSTON SHAUN W. MARRIOTT ROBERT L. NOWLIN JOHANNES E. JOLLY ALLISON R. MARTIN BENJAMIN W. OAKES CHRISTOPHER G. JONES BENJAMIN J. MARTIN JAIME OBANDO DANIEL E. JONES, JR. DARRYL B. MARTIN MICHAEL C. OBERDORF JOHN M. JONES, JR. ERIC S. MARTIN JOSEPH M. OBRIEN ROBERT S. JONES JEFFREY P. MARTIN PAUL D. OBRIEN ROBIN D. JONES RONALD R. MARTIN ERIC S. OEHLERICH THOMAS M. JONES RONALD R. MARTIN, JR. KRISTIN L. OHLEGER GREGORY G. JONIC RUBEN A. MARTINEZ DAVID M. OLIVER ADRIAN W. JOPE ALVIN R. E. MARTINO ROBERT S. OLIVER GARY M. JOY PATRICK C. MARZLUFF GARTH E. OLSEN MAURICE G. JOY ROBERT J. MASLAR PATRICK R. OMARA DENISE M. JUDGE EDWARD J. MASON JOSEPH J. ORAVEC BRIAN P. JUDY SEAN MATHIESON BARBARA M. ORTIZ ANTHONY J. JUNGBLUT ANTONIO P. MATOS MARTIN A. ORTIZ TY C. JURICA KYLE S. MATTHEW JAY J. OWENS RYAN L. KAHLE CARTER T. MAW PETER J. PACIFICO MATTHEW D. KAPUS ALLEN L. MAXWELL, JR. RUSSELL T. PAIGE MICHAEL J. KAUPPERT MICAH D. MAXWELL DAVID C. PALILONIS GREGORY M. KAUSNER BRIAN P. MAYNARD MARVIN J. PARK JAMES A. KEEN MATTHEW M. MAZAT JOSEPH E. PARKER III KRISTOPHER W. KELL KIERAN P. MAZZOLA WALTER E. PARKER III ERIC G. KELLER DANIEL R. MCAULIFFE HAMPTON W. PARRISH SHAWN M. KELLEY JEFFREY S. MCCAFFREY ROBERT I. PATCHIN IV KENYON P. KELLOGG III KARL F. MCCARTHY DANIEL A. PATRICK GABRIEL M. KELLY ROBERT D. MCCLURE JASON W. PATTISON ERIC W. KELSO ROBERT I. MCCLURE JAN W. PAUL AARON C. KEMP COREY S. MCCOLLUM DAVID E. PAVLIK WALTER A. KENNEDY JOHN A. MCCONNELL JOSE H. PEHOVAZDIEZ ROBERT W. KERCHNER JASON P. MCCOY RICHARD J. PELESKY JOHN J. KERLEE JASON R. MCGHEE JEREMY A. PELSTRING SCOTT T. KERNS MICHAEL L. MCGLYNN WARREN S. PENNINGTON COLLIN B. KIGHTLINGER KEVIN E. MCHORNEY JOSHUA D. PETERS JOHN P. KILGO STACY L. MCILVAIN MATTHEW D. PETERS JOHN M. KILLILA MICHAEL G. MCKELVEY TODD D. PETERS DANIEL S. KIM PAUL N. MCKELVEY DERYK B. PETERSEN JEFFREY G. KING DAVID R. MCKINNEY JOHN D. PETERSON PETER G. KING CHARLES N. MCKISSICK MATTHEW L. PETTIS VINCENT S. KING CHRISTOPHER A. MCKONE DAVID C. PEYTON DAVID R. KINNEY TERRY P. MCNAMARA MATTHEW J. PFEFFER JAMES M. KINTER DONALD M. MCNEIL DAVID A. PICINICH ANDREW T. KLOSTERMAN DANIEL E. MCSHANE III ELIZABETH M. PIMPER TIMOTHY KNAPP RAMON L. MEDINA ANTONIO PINKSTON PHILIP E. KNIGHT KEVIN P. MEEHAN RIGEL D. PIRRONE JOHN C. KOPPLIN JASON A. MENDENHALL BRIAN P. PISTEK ALEXANDER B. KORN DANIEL A. MENESES ANDREW B. PLATTEN ANTHONY J. KOSS III BRIAN A. MERRITT DAMIAN R. PLECASH NATHAN A. KRAEMER BRETT M. MESKIMEN MARY B. POHANKA EDWARD R. KRIBS TIMOTHY L. MEYER ZEKE A. POIRO LAURA K. KRUEGER NICHOLAS J. MICHAEL DMITRY POISIK JENNIFER M. KRUG STEVEN J. MIELKE JAMES T. POKORSKY KEITH S. KULOW BENJAMIN B. MILLER COREY A. POORMAN THOMAS M. KURUC BRIAN W. MILLER DONALD W. PORTER BRET M. KUTANSKY GREGG L. MILLER JOHN D. PORTER WAYNE P. LABAT MICHAEL D. MILLER WILLSON D. PORTER TIMOTHY D. LABENZ NICHOLAS MILLER RICHARD A. PORTILLO JASON LABOTT SCOTT A. MILLER CHRISTINA PORTNOY KELLY L. LAING TROY D. MILLER MATTHEW J. POWEL BRADLEY W. LAMBERT KATHLEEN B. MILLIGAN JAMES H. PRESLER ROBERT T. LANANE II JESSE M. MINK NICHOLAS A. PRIMOZIC KRISTOPHER A. LANCASTER JEREMIAH D. MINNER DANIEL R. PROCHAZKA WILLIAM R. LANCE, JR. LEROY J. MITCHELL ROMMEL R. PUCAN JODY P. LANDRY ROGER W. MITCHELL MICHAEL A. PUGH WILLIAM G. LANE JAMES S. MITTAG IV DONNIE A. QUILON COLLEN H. LANGFORD III JOHNATHAN H. MOEN ADAM J. RAINS MATTHEW M. LANGRECK DAVID M. MOFFAT ROBERT J. RAJOTTE NEIL B. LAPOINTE MATTHEW MOLMER AARON D. RAMEY JENNIFER J. LAPSLEY EDGAR A. MONGE STEVEN L. RANDS JEFFREY D. LATHAM BRANDON C. MONTANYE CHRISTOPHER A. RAPIN ROBERT C. LATTU LADISLAO R. MONTERO DAVID A. READE JOSEPH G. LAUTENSLAGER COREY A. MOORE JEFFREY A. REASEY DOUGLAS W. LEAVENGOOD JOSEPH A. MOORE BRIAN J. RECHTENBAUGH ROGER A. LEECH RUSSELL L. MOORE III CLAY J. REDDIG JAMES R. LEGEMAN STEPHEN D. MOORE CHAD A. REDMER WILLIAM D. LEHNER ROBERT N. MORANO MICHAEL S. REED JAMES L. LEMBO MICHAEL D. MORENO SCOTT A. REGNERUS FRANK C. LENCZ OSCAR R. MORENO ELIZABETH A. REGOLI FRANKLIN M. LENDOR CHRISTOPHER K. MORGAN MAC B. REICHENAU TODD S. LEVANT SCOTT M. MORRILL LAWRENCE M. REPASS JOHN D. LEVOY CHRISTOPHER J. MORRIS BRYAN D. REX BRADLEY S. LEWIS EVANGELO MORRIS RICHARD R. REYES

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RONEL C. REYES THADDEUS O. SMITH BENJAMIN R. VENTRESCA JEFFREY M. REYNOLDS JOSHUA W. SMITHBERGER AARON M. VERNALLIS SARAH C. RHOADS RYAN I. SMITS ROBERT E. VEST JEREMY R. RICH PATRICK J. SNOW PAUL E. VIDAL, JR. KELLY J. RICHARDS LESLIE D. SOBOL NICK VIERA DONALD E. RICKETTS BRIAN J. SOLANO DAMIAN K. VILTZ JOHN T. RIGGS ALEXANDER P. SOLOMON JAMES J. VONSTPAUL VOLNEY F. RIGHTER ELIZABETH M. SOMERVILLE ROBERT J. WACKERMAN RICHARD A. ROBBINS, JR. MATTHEW C. SOMERVILLE JAMES T. WADDELL JASON S. ROBERSON SCOTT W. SOWLES JAKE T. WADSLEY JOHN C. ROBERTS JOSEPH M. SPAGNOLI TRISTAN E. WAGNER LUCAS C. ROBERTSON WILLIAM E. SPANN III BRIAN T. WAITE ERROL A. ROBINSON JASON L. SPARKS ERIC G. WALBORN KRISTOPHER A. ROBINSON BRENT C. SPILLNER AARON S. WALKER RICHARD M. ROCHA EDWIN D. SPRADLEY WILLIAM K. WALKER NATHAN B. ROCKHOLM MARTIN E. SPRAGUE II JASON C. WALLACE NATHAN E. RODENBARGER PAUL R. SPRINGER WILLIAM J. WALSH ANGEL F. RODRIGUEZ DANIEL G. STAHLSCHMIDT ANTHONY S. WALTERS ADRIAN M. RODZIANKO THOMAS A. STANLEY DAVID W. WALTON, JR. JAMIE H. ROGERS ROBERT STANSELL DAVID D. WANER JASON E. ROGERS TODD M. STANSFIELD CHRISTOPHER L. WANSTREET JEFFREY G. ROGERS THEODORE P. STANTON EDWARD F. WARD III ANTHONY A. ROJAS EMERSON R. STEARNS STEVEN H. WASSON JOSE A. ROMAN THOMAS J. STEFFENSEN JOHN W. WATERSTON RICARDO ROMAN CHAD B. STEINBRECHER EDWARD T. WATKINS ANTHONY M. ROMERO CHRISTOPHER STEINGRUBE III PATRICK G. WATKINS JOSHUA A. ROSE NEIL J. STEINHAGEN CHRISTOPHER S. WATSON CRAIG A. ROSEN MELISSA S. STEPHENS DOUGLAS G. WATTERS ZACHARY S. ROSENSWEET BRETT J. STERNECKERT JASON D. WEAVER CASEY T. ROSKELLY SEVERN B. STEVENS III THOMAS J. M. WEAVER TYLER R. ROSS JOSHUA C. STEWART ANTHONY L. WEBBER WILLIAM J. ROSS BRENDAN R. STICKLES JASON E. WEED EDWARD A. ROSSO BENJAMIN A. STICKNEY WILLIAM E. WELCH II ANTHONY D. ROY BENJAMIN M. STINESPRING CARL J. WELLS TAMMY S. ROYAL MANSFIELD L. STINSON BRIAN K. RUDITSKY JABALI R. STJULIEN JOSHUA F. WENKER ETHAN M. RULE MARCUS A. STOCKWELL CHARLES E. WESTERHAUS MARIAH J. RULE MICHAEL G. STOKES MARY G. WESTHAFER JAMES A. RUSHTON MATTHEW D. STOLL JOHN T. WESTHOFF TODD C. RUSSELL SETH A. STONE PAUL J. WEWERS ZACHARY P. RUTHVEN MARK J. STROMBERG MARK A. WEYMOUTH CHRISTOPHER D. RUTLAND MICHAEL L. STRONG ROCHELLE S. WHITCHER DAVID H. RYAN ABRAM M. STROOT DANIEL P. WHITE JOHN P. RYAN, JR. MAREK STROSIN MICHAEL L. WHITFIELD JOHN W. RYAN JOHN J. STRUNK CHRIS E. WHITMAN AARON P. RYBAR DAVID G. STUCKEY DAVID C. WHITMER JOSEPH C. RYSAVY MAUREEN A. STUDNIARZ JOHN H. WICKHAM EDUARDO E. SALAZAR ISAAC R. STUTTS JONATHAN M. WIDTH RICHARD D. SALAZAR JONATHAN A. STYERS MATTHEW A. WIENS WILLIAM R. SAMS TRAVIS K. SUGGS CRAIG A. WIGHTMAN MARK W. SAND JEAN M. SULLIVAN JASON S. WILKINSON DAMIAN A. SANDERS CHRISTOPHER C. SUPKO SHAWN T. WILLIAM SAMMIE E. SANDERS, JR. WILLIAM B. SWANBECK BRETT C. WILLIAMS STIG SANNESS PATRICIA A. SWEAT GREGG A. WILLIAMS JOSEPH M. SANTORO MICHAEL B. SWEENEY JAMES M. WILLIAMS BLAS A. SARAS IRA L. SWINNEY, JR. KELLY M. WILLIAMS ANTHONY C. SAVAGE MATTHEW J. TABAR NEALL W. WILLIAMS SCOTT R. SAVERY BRYAN L. TADLOCK ROBERT R. WILLIAMS IV NOEL A. SAWATZKY ADAM I. TAFF DAVID A. WILLIAMSON ROBERT W. SAWYER COURTNEY P. TAFT DAVID J. WILSON, JR. GREGORY W. SAYBOLT JEFFREY S. TAMULEVICH JASON A. WILSON ROBERT J. SCAUZILLO DANIEL D. TARMAN JOHN F. WILSON ERICH U. SCHALLER ZACHARY S. TATE ROY L. WILSON, JR. NATHAN W. SCHERRY BONNIE J. TAVOLAZZI SHANNON T. WINFIELD KENNETH C. SCHLACHTER ASA E. TAYLOR RICHARD J. WITT RICHARD J. SCHMAELING MATTHEW K. TEACHOUT KIRT J. WLASCHIN JASON E. SCHMIDT TRICIA L. TEAS JESSE D. WOJTKOWIAK STEVEN L. SCHMIDT SPENCER E. TEMKIN MATTHEW J. WOLFE III RUDY SCHOEN JEREMIAH J. TETI STEVEN G. WOOD DAVID C. SCHOPLER MATTHEW J. THARP ROBERT A. WOODRUFF III JAMES A. SCHROEDER MICHAEL J. THEORET CHALDON G. WOOGE CHRISTOPHER C. SCHULTZ BRETT T. THOMAS KENNETH B. WOOSTER CHRISTOPHER J. SCHWARZ JAMES R. THOMAS SCOTT D. WORTHINGTON THOMAS J. SCOLA, JR. SARAH E. THOMAS CHRISTOPHER S. WRIGHT SCOT W. SCORTIA STEVEN M. THOMAS JAMES E. WRIGHT KEVIN M. SCULLY JAMES A. THOMPSON DAVID P. WROE JON C. J. SEGO MICHAEL N. THOMPSON DOUGLAS D. WYMAN THOMAS A. SEIGENTHALER TODD J. THOMPSON THOMPSON XIAO PAUL A. SEITZ SAMUEL A. TICKLE JEFFREY M. YACKEREN BENJAMIN J. SELPH TONY A. TILLMON STEPHEN M. YARGOSZ RICHARD L. SERVANCE III BRANDON E. TODD CHRISTOPHER J. YLITALO CHRISTOPHER J. SEVERS MICHAEL J. TOLLISON MARC H. YOON SVEN B. SHARP MICHAEL C. TOMON SAMUEL E. YOUNG SEAN P. SHEA CLIFFORD W. TORAASON BRANDON G. YOUNGSTROM VICTOR B. SHELDON II MIKA B. TORNIKOSKI CHIMI I. ZACOT JONATHAN C. SHEPARD MICHAEL H. TOTH JASON R. ZAHARRIS JEFFREY S. SHULL SUZANNE M. TOVAR RONALD W. ZENGA JOHN D. SHULLO GEOFFREY W. TOWNSEND MATTHEW G. ZUBLIC DAVID A. SHUSTER CARL S. TRASK PETER M. ZUBOF LISA R. SICKINGER GERALD L. TRITZ CHARLES B. ZUHOSKI ALLEN M. SIEGRIST BRADLEY W. TROSCLAIR PAUL B. SIERLEJA LYNN A. TRUJILLO JAMES D. SILCOX III SHAWN D. TRULOVE f BRIAN J. SIMPSON ROBERT C. TRYON JOSEPH S. SIMPSON STEVEN J. TUCK JEFFREY R. SIMS MATTHEW L. TUCKER WITHDRAWAL JOSEPH P. SLAUGHTER II PAUL F. TULLY, JR. PAUL J. SLAYBAUGH, JR. ADAM N. TURNER Executive message transmitted by MARK J. SLEPSKI KYLE H. TURNER III the President to the Senate on July 30, LOUISE M. SLOAN MICHAEL E. TURNER SCOTT O. SMELTZER PAUL M. TYSON 2008 withdrawing from further Senate STEVEN D. SMIRALDO JUAN R. UBIERA consideration the following nomina- ADAM J. SMITH IGNACIO R. VALADEZ JOSH J. SMITH BENJAMIN D. VANBUSKIRK tion: PATRICK J. SMITH MATTHEW Z. VAUTER NAVY NOMINATION OF REAR ADM. ELIZABETH A. RYAN D. SMITH DAVID C. VEHON HIGHT, TO BE VICE ADMIRAL, WHICH WAS SENT TO THE SUSAN J. SMITH CHAD C. VENETTE SENATE ON FEBRUARY 5, 2008.

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