E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, FIRST SESSION

Vol. 155 WASHINGTON, MONDAY, JANUARY 12, 2009 No. 6 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, January 13, 2009, at 12:30 p.m. Senate MONDAY, JANUARY 12, 2009

The Senate met at 2 p.m. and was The legislative clerk read the fol- was represented in the Senate of the called to order by the Honorable JIM lowing letter: United States by a terrific man and a WEBB, a Senator from the Common- U.S. SENATE, great legislator, . wealth of . PRESIDENT PRO TEMPORE, Senator Ford was known by all as a Washington, DC, January 12, 2009. moderate, deeply respected by both PRAYER To the Senate: sides of the aisle for putting progress The Chaplain, Dr. Barry C. Black, of- Under the provisions of rule I, paragraph 3, ahead of politics. Senator Ford, some of the Standing Rules of the Senate, I hereby fered the following prayer: appoint the Honorable JIM WEBB, a Senator said, was not flashy. He did not seek Let us pray. from the Commonwealth of Virginia, to per- the limelight. He was quietly effective Almighty God, from whom, through form the duties of the Chair. and calmly deliberative. whom, and to whom all things exist, ROBERT C. BYRD, In 1991, Senator Ford was elected by shower Your blessings upon our Sen- President pro tempore. his colleagues to serve as Democratic ators. Give them special wisdom, Mr. WEBB thereupon assumed the whip, the No. 2 position in the caucus. strength, and clarity to meet today’s chair as Acting President pro tempore. For 8 years, he struck the perfect bal- daunting challenges. Enable them to f ance as an advocate for Kentuckians hear with objectivity and respond with and also a national Democratic leader. integrity as they comprehend their in- RECOGNITION OF THE MAJORITY LEADER When Senator Ford retired from the dividual and collective responsibility. Senate in 1998, I had the honor of re- Keep them uncluttered by selfish inter- The ACTING PRESIDENT pro tem- placing him as the Democratic whip. ests and parochial concerns as they pore. The majority leader is recog- Wendell Ford is not only a genuine strive to serve You and country. Lord, nized. legend, he is a wonderful make them exemplary models of the f man, and I continue to enjoy his visits highest and finest in faithful, loyal, SCHEDULE back to Washington, DC. and dedicated leadership. Mr. REID. Mr. President, following Until this week, Senator Ford was We pray in the name of Him who is the longest serving Senator in the his- Lord of history. Amen. leader remarks, there will be a period of morning business for up to 1 hour, tory of the State of Kentucky. We have f with the time designated for tributes had some outstanding Senators from PLEDGE OF ALLEGIANCE to the Republican leader. the State of Kentucky. Now that honor belongs to my friend, The Honorable JIM WEBB led the Following morning business, the Sen- the Republican leader, MITCH MCCON- Pledge of Allegiance, as follows: ate will resume consideration of the NELL. I pledge allegiance to the Flag of the motion to proceed to S. 22. This is United States of America, and to the Repub- postcloture. A rollcall vote will not be Senator MCCONNELL came to the Sen- lic for which it stands, one nation under God, necessary to adopt the motion to pro- ate 2 years after I came to Congress. In indivisible, with liberty and justice for all. ceed. I appreciate Dr. COBURN allowing 1984, he was elected to the Senate in a f us to do that. There will be no votes historic election still famous for its ad- during today’s session of the Senate. vertising—the most memorable of the APPOINTMENT OF ACTING f spots featuring some real bloodhounds, PRESIDENT PRO TEMPORE always in search of the opponent of The PRESIDING OFFICER. The TRIBUTE TO SENATOR MITCH MITCH MCCONNELL, the incumbent Sen- clerk will please read a communication MCCONNELL ator from Kentucky. Today, if you go to the Senate from the President pro Mr. REID. Mr. President, for more to a seminar on politics, almost always tempore (Mr. BYRD). than 25 years, the State of Kentucky they will show that ad as being one of

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

S275

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VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.000 S12JAPT1 wwoods2 on PRODPC68 with SENATE S276 CONGRESSIONAL RECORD — SENATE January 12, 2009 the classic political ads in the history told the students an old story about whether you are leading the Repub- of our country. President Lincoln that has been told licans or leading the Democrats. Senator MCCONNELL won that first many times, but it is always important I wish to thank the majority leader race by a razor-thin margin, but he because he sets the standard for what for his very kind remarks not only quickly became a leader among his Re- politics is all about as far as getting about me but about my wife’s public publican colleagues in the Senate in along with people, as finely written service as Secretary of Labor, which general. about in some detail in the ‘‘Team of will be coming to an end at noon on Senator MCCONNELL chaired the Re- Rivals,’’ this best-selling book. What January 20, along with the current ad- publican Senatorial Campaign Com- President Lincoln said, when he was ministration. I also wish to express my mittee during the 1998 and 2000 election being criticized for being solicitous of gratitude to the majority leader for cycles, served as Republican whip fol- members of the Confederacy, was: ‘‘Am coming down to the University of Lou- lowing the 2002 midterm elections, and I not destroying my enemies by mak- isville back in 2007. The students en- now has served as the Republican lead- ing friends of them?’’ joyed it immensely. In fact, their last er since 2006. Well, Senator MCCONNELL and I both magazine about the program of the I became the Democratic whip in 1998 understand that through friendship and center has a very large picture of the and have been the Democratic leader mutual respect we can find common majority leader and a lengthy article since 2004. Our careers in the Senate ground to achieve common goals and to including a Q and A session he had have been very similar. During this pe- reach for the common good of the with the students. riod of time I was majority whip; he American people—common ground, So I am grateful for his friendship was. Back and forth, there was a lot of common goals, common good. and look forward to working with him changing going on. So I have had a lot My wife Landra and I are pleased to in this Congress to advance the inter- of interaction with Senator MCCON- call him and his lovely wife—and that, ests of our Nation. NELL because of our respective jobs. certainly, is an understatement— A few months prior to this body’s It is well known that in our positions Elaine Chao our friends. Elaine, of convening last week, I was grateful to as minority and majority leaders—both course, is a national leader in her own be chosen by my colleagues to serve as whips and as the leaders—he and I right, having served for 8 years as our once again as the Senate Republican have had disagreements at various Nation’s Labor Secretary and also for- leader. times. Behind the scenes, though, it is merly as the Director of the Peace I would also like to thank the people a different situation. In places where Corps. I have such great respect for of Kentucky for giving me another the cameras do not record our discus- Peace Corpsmen and especially some- term in the Senate. I am certainly sions, in private conversations, as we one who is able to lead that very elite privileged Kentucky has sent me to the have to have, we are not only friends group. So I have only high regard for Senate five times now to speak for but determined partners in the legisla- MITCH and Elaine. They are a wonder- them and for their interests, and I in- tive process. We get a lot of work done ful couple and do so many good things tend to work harder than I ever have very quickly. for our country. over the next 6 years to justify their We just completed a meeting that So I congratulate the Republican confidence. took about 20 minutes, where I think leader, a Kentuckian whose love of his At such a time as this, after the peo- the record will ultimately reflect that State and its university athletic pro- ple of Kentucky have spoken, I cannot 20 minutes was truly well spent work- grams is well known and who now adds help but think of great Kentuckians in ing out some of the problems of this the distinction of being the longest the past who the people of my State Senate. serving Senator from the State of Ken- have selected to represent their inter- So I say, we are not only friends but tucky to his long and impressive ca- ests. determined partners in the legislative reer. Some we know from the history process of the Senate. That does not f books, such as . Although mean we always see eye to eye. Every- he was Speaker of the House, Secretary one knows that is not the case. But in RECOGNITION OF THE MINORITY of State, and a three-time Presidential the words of President-elect Obama, we LEADER candidate, we know him best as the are able to disagree without being dis- The ACTING PRESIDENT pro tem- Senator from Kentucky—the Great agreeable. pore. The Republican leader is recog- Compromiser who staved off civil war. We respect each other’s commitment nized. Or take John Breckinridge. Elected to to making our country stronger, and I f Congress from Virginia, he resigned think we have a special understanding that seat to move to Kentucky, which of the unique challenges of keeping our SERVICE TO KENTUCKY AND THE at the time was America’s western respective caucuses together and striv- NATION frontier. A key architect of Kentucky’s ing toward the same goals. Mr. MCCONNELL. Mr. President, I early State government, Breckinridge At the , thank my good friend, the majority went on to serve as a Senator from MITCH MCCONNELL has worked with leader, for his very kind remarks about Kentucky, and then as our young Na- faculty to create a center for public what has now become a rather lengthy tion’s Attorney General under Thomas service, to educate and prepare a new period of service in the Senate. He and Jefferson. generation to answer the call of public I came here at roughly the same time, Moving to modern times, I can think service. and, as he indicated, came to the Con- of other legendary Senators from Ken- A little more than a year ago, Sen- gress at roughly the same time. We tucky whose footsteps still echo in ator MCCONNELL invited me to be a have shared a few positions on each these halls. guest at the McConnell Center at the side of the aisle that are remarkably Kentucky still fondly remembers the University of Louisville. After a ter- similar no matter which party you rep- career of public service carved out by rific program with young and aspiring resent. A.B. Chandler. He would be the first to academics, he presented me with a real I noted with interest last week the tell you he made his mark not as a Louisville Slugger baseball bat, with photograph at the White House of the Senator but as a two-term Governor, or my name inscribed on the ‘‘sweet living former Presidents who had all in the job he resigned the Senate to spot.’’ That is where these great hitters had lunch together, and I was thinking, hold: commissioner of baseball. No have used these bats for generations to as the majority leader was speaking, matter what the job, with his winning hit the ball as far as they can and as we are in a rather limited fraternity, personality, he was better known sharply as they can. too—so far it is a fraternity; it will be throughout the State by his nickname On that day at the McConnell Center, a sorority at some point as well as a ‘‘Happy.’’ Senator MCCONNELL and I spoke frank- fraternity; a brotherhood or sisterhood, I am sure he would be happy to see ly and openly about the joys and dif- if you will—of people who have held his grandson, Congressman BEN CHAN- ficulties of our jobs to these faculty these jobs which have their own unique DLER, continuing his family’s tradition members and these students. I, in fact, set of challenges that are quite similar of service to the people of Kentucky.

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.008 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S277 I have also spoken on this floor be- Now, I am going to guess that maybe After the end of World War II and an fore of my admiration and respect for through his father’s political connec- honorable discharge from the service, , the conscience tions, Wendell scored a plum prize as a Wendell graduated from the Maryland of the Senate in his day. I will always young child: he became a page in the School of Insurance. He and Jean re- remember the man who mentored me Kentucky State House. The way they turned to Owensboro, where his family as an intern in my first job on Capitol inducted pages back then is a little dif- had moved after selling the farm. Wen- Hill and helped me navigate these hall- ferent from how we do it in the U.S. dell entered the insurance business ways decades later as a freshman Sen- Senate today. Wendell’s sponsor, a rep- with his father and started to take an ator. resentative from Taylorsville, had interest in what was happening in his Of course, there is Alben Barkley, the young Wendell come and stand on his community. first and, until recently, the only Ken- desk on the House floor. He gave a It all started with a razor. That is tuckian to be elected his party’s lead- speech about what a good little kid he what Wendell was looking to buy on a er. After 12 years leading Senate Demo- was, and when he was done, the entire lunchtime errand when he ran into a crats through the Great Depression and chamber applauded, making Wendell a friend who invited him to a Jaycees World War II, he became America’s page by acclamation. After an intro- luncheon. 35th Vice President. duction to politics like that, is it any In my travels across Kentucky, I Alben Barkley held the record as wonder Wendell decided he wanted have met many who know and remem- Kentucky’s longest serving Senator for more? ber Wendell from his days with the over 40 years—until it was broken by a Wendell was also lucky enough to Jaycees. Devoted to fostering leader- man who, like him, rose from humble meet one of the great Kentuckians I ship and community service, the Jay- beginnings to become famous across mentioned earlier—Alben Barkley— cees have done a lot for Kentucky and the Commonwealth. back when, obviously, Senator Ford for the Nation. Once again, the man That Senator was Wendell Ford, a was young. At the Seelbach in who played a role that cannot be ig- man many of my colleagues have had my hometown of Louisville, he heard a nored is Wendell Ford. the honor to know and work alongside. speech from the Senator and future A lot of beliefs that would come to Wendell was the senior Senator from Vice President. Like Barkley, Wendell characterize Wendell Ford’s career my State when I was first elected, and always wanted to be around people—a came from the creed of the Jaycees. I got to watch him up close for 14 trait that would serve him well as a That creed states that only faith in years. Over those years, I learned why public servant. God gives meaning and purpose to Wendell is the first and only Ken- Like most Kentuckians, Wendell human life, that government should be tuckian to be elected successively Ford loves basketball. He played on the of laws rather than of men, and that Lieutenant Governor, Governor, and basketball team for Thruston Elemen- service to humanity is the best work of Senator. It is because even while he at- tary School and he played on the team life. Wendell would rise rapidly in his ca- tained high office, he never forgot the for Daviess County High School. But reer, again and again, no matter what lessons he learned working alongside while in high school, Wendell broke his the arena, and his time in the Jaycees his parents on their farm. Countless arm. That ended his basketball career, was no different. That first meeting at times he reminded voters he was ‘‘just and that threatened to end his involve- the request of a friend led to Wendell a country boy from Yellow Creek.’’ ment with the team, the friendships he becoming a member. By 1954, he was And Kentuckians respected him for had made, and his seat on the bus to all proving that a country boy could walk the Kentucky Jaycees State president the away games. So to stay involved, at 31. In 1956, he led the Kentucky Jay- the halls of power, dine with kings and Wendell filled an open slot on the Presidents and still come back to Yel- cees to their national convention in school’s cheerleading team. He got to Kansas City with one goal: they wanted low Creek and be right at home. keep going to the games, he got to Wendell Hampton Ford was born in to return home with a Kentuckian as keep up his friendships, and he ended the organization’s national president— Daviess County, KY, and grew up on up being voted ‘‘most talkative’’ in the his family’s 250-acre farm in the little a Kentuckian named Wendell Ford. Daviess County High School senior Kentucky has a rich history of color- town of Thruston. The Ford family class of 1942. raised cattle, hogs, and chickens and ful, memorable campaign ads, but it After high school graduation, Wen- took Wendell Ford, as a candidate for grew and corn. Young Wendell dell attended the University of Ken- was no stranger to work. He did his the Jaycees’ national president, to tucky. Then, in 1944, he was drafted come up with a brilliant ad by part by milking 30 cows by hand twice into the U.S. Army, and SGT Wendell a day every day. Decades later, when- piggybacking his name on perhaps the Ford reported for duty at Fort Hood, most famous rock-and-roll song of all ever anyone told him he had a strong TX. But he was not the only Ford to handshake, Wendell would tell them: ‘‘I time. By convention’s end, every Jay- trade in his bluegrass for a 10-gallon cee delegate went home singing a fa- milked at an early age.’’ hat and make that trip. By his side was I know Wendell would credit his par- miliar tune with the words ‘‘shake, rat- his lovely bride Jean, who met Wendell ents with teaching him everything he tle, and roll’’ replaced with ‘‘shake, when they both worked at the J.C. needed to know to succeed in life. Er- rally with Ford.’’ Wendell remembers: Penney store in Owensboro the summer nest Ford was a farmer, an insurance We kept them up all night with that after Wendell’s high school graduation. owner, and a chairman of the record. And I guess [we] made it even better, They married in September 1943 just Daviess County Democratic Party. He because we won. after Wendell had turned 19. Jean served in both the Kentucky State To work the crowds at the conven- hailed from the town of West Point in House and Senate. His mother, Irene tion, Wendell bought two new suits for Hardin County. She could hardly have Ford, worked harder than anyone on $35 apiece, one black and one gray. By known then how her life would turn the family farm. She picked straw- rotating jackets with each pair of berries, she snapped green beans, and out or how she and her husband would pants, he had four different outfits for she canned everything that you could become respected across the Common- the 4 days of the convention. Whether can. She could cook a pork tenderloin wealth. it was the song or the suits or both, Oftentimes, my colleagues and I will that was so good, Wendell recalls, Wendell went home the first Jaycees talk about our wives or our husbands ‘‘We’d say it’d make you swallow your national President from Kentucky, and and what we will be doing over the tongue.’’ She was devoted to her fam- his network from that organization be- next recess. You will frequently hear ily, her friends, her neighbors, and her came the foundation for one of the spouses’ first names tossed around, like church. Commonwealth’s most successful polit- Wendell remembers: my wife’s name is Elaine. But after 50 ical careers. years of marriage, Wendell only re- Mother never disliked anyone. She never By the late 1950s, Wendell had caught would say anything unkind about anybody. ferred to his bride as ‘‘Mrs. Ford.’’ It is the eye of , who had run for And mother worked very, very hard. . . . if a testament to the fact that the coun- but lost to there’s anyone that ever went to heaven, my try boy from Yellow Creek remains for- ‘‘Happy’’ Chandler. Combs was plan- mother is there. ever a country gentleman. ning to run again, and he wanted the

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.009 S12JAPT1 wwoods2 on PRODPC68 with SENATE S278 CONGRESSIONAL RECORD — SENATE January 12, 2009 impressive Jaycees president to be the Governor lost, Wendell Ford quite re- extra-late night at the State capitol to youth chairman of his campaign. After markably won, and he instantly be- make up for time missed. winning that race, Bert Combs made came two things: the top-ranked Demo- Once he had successfully enacted the Wendell his administrative assistant, a crat in State government and, of major points of his platform—including job he held from 1959 to 1961. course, a real thorn in the side of Gov- shrinking and streamlining State gov- But soon the time came for Wendell ernor Nunn. ernment, creating the State’s first en- to emerge from the ranks of political Wendell had to beat a Republican vironmental protection agency, and en- staffers and run for office himself. In tide—a rare tide in those days—to be- acting a severance tax on coal—Wen- 1965, he ran for a State senate seat rep- come Lieutenant Governor. He was dell Ford decided he was not finished resenting Daviess and Hancock Coun- clearly a man of great talent and ambi- serving the people of Kentucky just ties, and clearly he was not afraid of a tion who was not yet done making his yet. challenging race. The reason I say he mark on Kentucky politics. So natu- I have already said at that time, a was not afraid of a challenging race, rally he looked next to the top job in Kentucky Governor could not run for a the guy he ran against in the primary, State government, the office of Gov- second term. So Wendell looked to the a fellow named Cap Gardner, was not ernor. U.S. Senate election in 1974 where he just any incumbent Senator, he was In that era, Kentucky Governors would have to take on incumbent Re- the State senate majority leader. I was were forbidden to succeed themselves publican Senator . in law school at the University of Ken- by running for a second term. In fact, The 1974 election came on the heels tucky at the time, and I remember Kentucky retained that term limit for of the Watergate scandal and Richard reading about the primary in which the Governors right up until the 1990s—one Nixon’s resignation. It goes without majority leader of the Kentucky State of the last States to do so. So Wendell saying it was a very hard year for Re- Senate was upset by an impressive would not have to face Governor Nunn publicans. But even if it had been an young man named Wendell Ford. He in the 1971 election. He would, however, easy year for Republicans, Governor won that race by 305 votes—after a re- have to face a different Governor, his Ford would have been very hard to de- count. friend and mentor, former Governor feat. In those days, Kentucky was very Bert Combs. So Wendell won over Marlow Cook much a one-party State, so winning the Everybody in Kentucky thought Gov- pretty handily, and Governor Ford be- Democratic primary for most any of- ernor Combs, who had subsequently came Senator Ford. I should point out, fice was tantamount to winning the had a distinguished career as a U.S. I actually used to work for Senator election. In most counties, you could court of appeals judge after his term as Cook as a legislative director in the hold Republican Party meetings in a Governor, was a lead pipe cinch to be early part of his one term. phone booth. It is not that way any- the next Governor of Kentucky, or at Senator Cook graciously agreed to more, which I think is for the better— the very least to win the Democratic step aside a little bit early for Senator I think a competitive, two-party sys- primary for sure. But once again Wen- Ford. So Wendell’s tenure in this tem makes both parties better, and dell Ford beat everybody’s expecta- Chamber began on December 28, 1974. that, in turn, serves the people best— tions. Bert Combs resigned his judge- At this point, the Wendell Ford so but the Democratic Party ruled Ken- ship to run for Governor and couldn’t many of my colleagues know and ad- tucky then, and after Wendell won the believe what a tough race his former mire emerges, as he spent an incredibly primary, he easily won the general. For administrative assistant gave him. successful and fruitful 24 years here. the first time, but not the last, he be- When a mutual friend of the two can- After my election in 1984, I served came Senator Ford. As a freshman Sen- didates said to Combs that he had alongside him for 14 of those years. Ob- ator, he sponsored 22 bills, all of which taught Wendell well, Combs replied, viously, Wendell Ford and I did not became law. That is a record of success ‘‘Yes, I taught him too damn well.’’ stand on the same side of the aisle. But few legislators would dare seek to du- Wendell beat Bert Combs 53 percent to we always stood together for the people plicate. 44 percent in the primary and went on of Kentucky. But Wendell didn’t plan on staying in to easily win the general election. On With Wendell, whether you agreed or the State senate too long. Just 2 years December 7, 1971, he was sworn in as disagreed, you always knew where you later, in 1967, he ran for Lieutenant Governor of Kentucky. stood with him. Even if you disagreed— Governor, and once again he ruffled Right from the start, Governor which we often did—Wendell knew how some feathers amongst the more estab- Ford’s guiding belief as Kentucky’s to disagree without being disagreeable. lished politicians of the Common- chief executive was that the only rea- I remember one joke he liked to tell wealth who didn’t understand why this son for the existence of government at about how seriously we Kentuckians country boy from Yellow Creek any level was to serve people. Wherever take our horseracing. He liked to say couldn’t settle down and wait his turn. he felt that wasn’t happening, he be- that one day on the running of the In the primary, Wendell faced Robert lieved there must be change. , a man walking in Matthews, the incumbent State attor- Throughout his term, no bill that Churchill Downs noticed a box with an ney general. I am sure the entrenched Governor Ford supported failed to pass. empty seat in it. He stopped and said political forces in Kentucky expected He commanded the forces of the State to the little old lady sitting next to it: and perhaps even desired Matthews to government below him the way a gen- This is the first empty seat I have seen win, but Wendell wasn’t going along eral commands his troops. But Gov- today. Bear in mind, this is at the with their program. He defeated Mat- ernor Ford didn’t ask anyone else to Derby. thews in the primary—barely—36.1 per- work harder than he did himself. His She replied: Well, it belonged to my cent to 35.9 percent. Wendell went on work ethic back then was legendary, husband, but he died. to win a similarly close race in the and I think some of my colleagues can The man said: It seems a shame to general election, defeating Thomas attest to the fact that he kept right at let such a good seat go to waste. Why Ratliff and becoming the Lieutenant it after he joined us here in the Senate. didn’t you give it to one of your rel- Governor of Kentucky. As Governor, a 14-hour workday was atives? But at the same time, something un- routine, a 16-hour day frequent, and an The lady said: I would have, but they usual happened. You heard me say just 18-hour day not uncommon. are all at the funeral. a minute ago that in those days Ken- When Governor Ford used to fly here That is how important the Derby and tucky was very much a one-party to Washington for official matters, he the horse industry are to the Bluegrass State, but in 1967, Kentuckians elected was all business. Time in the car or the State. Wendell Ford enjoyed telling a guy named to be Ken- plane was spent reading memos or that story. tucky’s first Republican Governor writing speeches. Dinner was a cheese- With his sense of humor, a penchant since World War II. At that time, can- burger and fries in the hotel room. for storytelling that rivaled his child- didates for Governor and Lieutenant As early as possible the next morn- hood hero Alben Barkley, and his abil- Governor in my State ran separately. ing, Wendell was up and flying home to ity to establish friendships and trust, So while the Democratic candidate for Kentucky where he would put in an Wendell quickly became a leader

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.010 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S279 amongst his Senate colleagues. He ly 11 years until January 10, this past The Senator from Tennessee. served a stint running the Democratic Saturday. He never lost an election for f Senatorial Campaign Committee. public office. Kentucky sent him to the By 1987, he had risen to become U.S. Senate four times, and he was the TRIBUTE TO MITCH MCCONNELL chairman of the Senate Rules Com- first statewide candidate to carry all Mr. ALEXANDER. Mr. President, mittee. That position put him in 120 counties. those who have been listening and charge of the inaugural ceremonies at How does a country boy from Yellow watching for the last few minutes got the Capitol for both Presidents George Creek achieve such success at the high- one good lesson on why Senator H.W. Bush in 1989 and in est levels of American politics? I think MCCONNELL has been here for over 24 1993. Kentuckians were proud to see because no matter where he ended up, years. This is a day to honor him, but one of their own on the inaugural plat- Wendell Ford never forgot from where he spent virtually all of his time hon- form just footsteps away from the new he started from. Even in his final oring someone else. President. months in the Senate, he still got It is a remarkable and rare event Wendell was chairman of the Joint goose bumps every time he looked up that Senator MCCONNELL could serve Committee on Printing where he at the Capitol dome on his way to longer than Wendell Ford, the man he worked to trim the costs of Govern- work. He remained the same man, par- just honored, longer than Henry Clay, ment printing and implemented the tial to a cigarette and a down-home longer than John Sherman Cooper, and first ever program for the use of recy- tale. longer than Alben Barkley. But all of cled printing paper. That may not be When his duties didn’t require him to us know longevity by itself is not a the type of issue that grabs the biggest be in Washington, he would return transcending virtue, but it is an indica- headlines, but, obviously, official home to Kentucky, as he did most tion of one of the most transcending Washington uses a lot of paper. Wen- weekends throughout his Senate ca- virtues; and that is, the people of Ken- dell was ahead of his time in making reer. A 3-day weekend was a perfect tucky for the last 24 years have seen these environmentally friendly efforts chance to go to the house he and his something special in MITCH MCCON- that are commonplace now, and he family owned by Rough River Lake and NELL, something that is good for Ken- saved taxpayers millions of dollars. do some reading and fishing. He once tucky, in the opinion of Kentuckians, Wendell could see the absurdity of said his idea of a vacation was ‘‘not and something that is good for our some of what goes on in Washington shaving and not wearing a suit.’’ country. I have seen that, too, but for and knew just when to break the ten- Wendell Ford never forgot the truly a longer period of time than 24 years; sion with a little humor. One former important things in his life—his wife 40 years, to be exact. colleague has spoken of one of the Jean, their children and grandchildren, I remember when MITCH MCCONNELL many times the Senate has continued and the simple pleasures of his native came to Washington, not the time he in session until 3:30 or 4 o’clock in the Kentucky. was an intern but as the legislative di- Many of my colleagues will remem- morning, with debate still going on on rector for Senator Marlow Cook. Legis- ber his trademark greeting when he the Senate floor. At one of these times, lative director is a little bit of a walked into a room. He would say: How Wendell nudged the Senator next to puffed-up title for the job at that time, are all you lucky people doing? Some- because in the office of Senator Baker him and said: You know, the people times that would be shortened to sim- of Tennessee, where I had been the year back home think that we are the ones ply: Hey, Lucky! who won. But Wendell never lost sight that he before, there was only one legislative Wendell even appeared once on the was truly the lucky one for receiving assistant. So we were legislative direc- cable channel MTV on a program the trust of the people of Kentucky tors of usually one or two people at a called ‘‘Rock the Vote’’ because of his many times over. He would be the first time, which may seem pretty hard for sponsorship of the motor voter law. to tell you that, and Kentucky and our staff members in this Senate to under- That MTV appearance made him very Nation are lucky as well for having had stand. I remember that by 1969, I moved popular with his grandchildren. Surely his many years of service. the number of U.S. Senators who have Over the next 6 years, as I work my over to work for Bryce Harlow in the appeared sandwiched in between videos hardest to better the lives of everyone Nixon White House. , for Whitney Houston and Billy Ray in Kentucky and the country, I am who had been a good friend of Marlow Cyrus is very small. going to remember the lessons learned Cook, the new Senator from Kentucky, In 1990, Wendell’s colleagues, as my from Wendell Ford’s long career. I will came to me and said: Marlow Cook has friend the majority leader pointed out, remember how his life is a testament a bright young man working for him; elected him to be No. 2 in their party to the success anybody in America can you ought to get to know him. in the Senate, the Senate whip. He held attain, even a country boy from Yellow So I did, 40 years ago. We both stayed in Washington for a that slot until his retirement in 1999. Creek. I will remember what an honor while. We both went home after a few Wendell was elected by acclamation it is to continue in the tradition of years, and in 1978, 30 years ago, we both and without opposition. That is obvi- Wendell Ford and so many other fine were elected to an executive position ously a position of great responsibility public servants who have come from in our home States—I as Governor of and honor, and it speaks to the respect the Commonwealth of Kentucky. Their Tennessee, and MITCH MCCONNELL as Wendell commanded from his fellow service will continue to remind me the county executive of Jefferson Senators. every day that with energy, determina- County, which is Louisville, the big After his election as whip, he said: In tion, and principle, being the Senator county there. Kentucky, we are known for our from Kentucky is the best job I could Then, in 1984, as the record shows and horses. I plan on being a workhorse and ever hope to have. not a show horse. Mr. President, I yield the floor. we all know, he was elected to the U.S. I think knowing Wendell’s work Senate, the only Republican in the ethic, no one doubted he would give his f country that year, I believe, who was all to the job. RESERVATION OF LEADER TIME able to defeat an incumbent Democrat. In March of 1998, Wendell became the The ACTING PRESIDENT pro tem- When Senator MCCONNELL and I were longest serving Senator in Kentucky pore. Under the previous order, the young staff assistants in the Senate, history, breaking the record of the man leadership time is reserved. the leaders of the Senate were Senators he had seen giving a speech more than f Dirksen and Mansfield. There have 50 years earlier, Alben Barkley. That is been many great leaders of the Senate just another accomplishment in a long MORNING BUSINESS since that period of time. All of those list that he has amassed over his ex- The ACTING PRESIDENT pro tem- leaders who were good—and most of traordinarily successful tenure in both pore. Under the previous order, the them were—knew this body, knew the State and Federal Government. Senate will now proceed to a period for Senate. They knew human nature in- Wendell Ford served in this body for the transaction of morning business for stinctively, but they had one other 8,772 days, a record that stood for near- 1 hour. quality, and this is another quality

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.012 S12JAPT1 wwoods2 on PRODPC68 with SENATE S280 CONGRESSIONAL RECORD — SENATE January 12, 2009 Senator MCCONNELL has. They had ter friend in the Senate or in this life seen fit to send MITCH MCCONNELL back great respect for our country. than MITCH MCCONNELL or his wonder- to the Senate. Last July, I brought onto the Senate ful wife Elaine. In his speech when the Senate moved floor a group of teachers of U.S. his- We have heard a bit about the his- from the Old Senate Chamber to the tory. They were selected, one from tory of Kentucky, we have heard a bit new Senate Chamber, Senator each State, under a program that is about Wendell Ford, but when you put Crittenden said: called Presidential Academies for this into historical perspective and you Senators are the representatives of Teachers of United States History. do the searches and you see who the the States of this mighty union. No Since a Senator may bring onto the top names are in Kentucky when it matter under what sky we may sit; no floor before it convenes anybody he comes to politics, the names that come matter what dome may cover us; the chooses, there were 50 of us here. I up are Henry Clay, Abraham Lincoln— great patriotic spirit of the Senate of showed them Daniel Webster’s desk, because he was born in Kentucky—and the United States will be there and I which is right next to me. I talked with MITCH MCCONNELL. have an abiding confidence that it will them about Henry Clay, and I showed Now, Henry Clay was the greatest of never fail in the performance of its them Jefferson Davis’s desk in the the Old Senate Chamber. People who duty. back. watched the swearing in of the Sen- Well, Mr. President, this applies to As you can imagine, these out- ators earlier this month saw Senators Senator MCCONNELL because his great standing teachers were awestruck taking their oath in this Chamber but patriotic spirit will always be here, and being on the floor of the Senate. They also going back for a reenactment in those who know him have an abiding were the only ones here. After about a the Old Senate Chamber. In that Old confidence that he will never fail in the 30-minute visit, one of them—I think it Senate Chamber the names were Clay, performance of his duty. was the teacher from Oregon—said to Calhoun, and Webster. When one of Mr. President, Senator MCCONNELL is me: Senator ALEXANDER, what would them would rise to speak—and people a champion. He is a champion for Ken- you like for us to take back to our stu- would come from all around—they tucky and he is a champion for Amer- dents about this visit? would say: Clay is up, Calhoun is up, ica; for a stronger America, a better I found myself saying: I hope you will Webster is up, and people would run. America, a safer America, and an tell them that I get up every morning— Well, today, the running occurs when America where any boy or girl can, and I think most of us here do—and people say: MITCH is on the phone; through hard work and persistence, come to work hoping that by the end of MITCH is calling. You want to know: grow up to be a leader of this great Na- the day, we can make this country a How can I help? What are his ideas? tion. little better place. I am not sure what You know they are good for the coun- Mr. President, I yield the floor. it looks like on television. I am not try. Henry Clay was called the great The ACTING PRESIDENT pro tem- sure what it looks like on the front compromiser. He was called the great pore. The Republican leader is recog- pages of the newspapers. But that is pacifier. Those names were given to nized. my motive, and that is the motive of him because of his ability to bring oth- Mr. MCCONNELL. Mr. President, I most of us here. ers to agreement. The exact same thing would like to express my deep appre- That has been the motive of Senator can be said of MITCH MCCONNELL in ciation to the Senator from Wyoming MITCH MCCONNELL of Kentucky. Yes, this, the new Senate Chamber. for his overly kind and very generous beginning his 25th year in the Senate is Now, Mr. President, we left that Old comments about my work here, and a rare distinction, especially because Senate Chamber in 1859 and moved to also say, Mr. President, to the people he is from a State that has produced so this beautiful Chamber, and this marks of Wyoming, how fortunate they are to many outstanding Senators and a the 150th year of that move. There is have Senator BARRASSO representing State that even today and through actually a little booklet, the ‘‘United them. most of the last 24 years has been a States Senate Chamber 1859–2009,’’ and I have seen a lot of new Senators very competitive State with Democrats it talks about when we left and made come into this body over these 25 and Republicans both having a chance the procession. We have heard about years. I have never seen one make a to be elected. MITCH MCCONNELL gets some previous Kentucky Senators, but mark quicker. So I know the people of up every day, comes into work—and it the Senator who gave the speech when Wyoming deeply appreciate their jun- is usually very early—thinking about we left that Senate Chamber in 1859 ior Senator. They demonstrated that a how to make this country a little bet- was also from Kentucky. It was Sen- couple of months ago in the election, ter before the end of the day—and that ator John Crittenden, and some of his and they really could not have made a is usually very late. That quality is comments are in this booklet. wiser choice. I value my colleague from even more important than his more Well, I will tell you, in the new Sen- Wyoming, and I thank him so much for than 24 years of service. ate Chamber, since 1859—now 150 his very kind and generous remarks. Mr. President, I yield the floor. years—MITCH MCCONNELL truly and I yield the floor, and I suggest the ab- The ACTING PRESIDENT pro tem- clearly is the man of the Senate. Just sence of a quorum. pore. The Republican leader is recog- like Henry Clay, he came from humble The ACTING PRESIDENT pro tem- nized. beginnings. We talk about humble be- pore. The clerk will call the roll. Mr. MCCONNELL. Mr. President, I ginnings, but few people know that The legislative clerk proceeded to thank my dear friend from Tennessee MITCH MCCONNELL, at the age of 2, had call the roll. for being on the Senate floor today and polio. He was nursed back to health by Mr. INHOFE. Mr. President, I ask for his overly kind comments about my his mother, who helped teach him how unanimous consent the order for the tenure. We have indeed been friends for to walk and then how to run. It is quorum call be rescinded. 40 years. through her hard work and his dedica- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- tion and his persistence that he has be- pore. Without objection, it is so or- pore. The Senator from Wyoming. come the man we know today. dered. Mr. BARRASSO. Mr. President, it is In early November of this past year, Mr. INHOFE. Mr. President, I ask I a privilege today, and really a joy, to George Will wrote an article praising be recognized as in morning business rise to join in the celebration of Sen- Senator MCCONNELL, but he quoted for such time as I shall consume. ator MITCH MCCONNELL and his many Abraham Lincoln, when he wrote: The ACTING PRESIDENT pro tem- terrific years of service to this country I hope to have God on my side but I must pore. Without objection, it is so or- and to the people of the State of Ken- have Kentucky. dered. The Senator from Oklahoma is tucky. For those folks who watch from I will tell you, Mr. President, for recognized. the gallery or watch at home, I will those of us on this side of the aisle, we f tell you what you see is what you get. must have MITCH MCCONNELL. The Sen- He is kind, he is thoughtful, he is calm, ate would just not be the Senate. We TARP he is patient, but I will also tell you he have been blessed time after time after Mr. INHOFE. Mr. President, I was is persistent. You could not have a bet- time that the people of Kentucky have somewhat shocked last October when

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.013 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S281 the vote came up and actually 75 Sen- We have already seen the legislation extraordinary efforts to calm financial ators in the Senate and about 75 per- we passed last fall is a blank check for markets. However, it is clear to me and cent of the House of Representatives one person to do whatever he wants many of my colleagues that the Treas- voted to give an unelected bureaucrat with billions of dollars. Take, for in- ury accessing the remaining $350 bil- $700 billion to do with as he wanted stance, the auto bailout. The inter- lion would do little to fix the recession with no accountability. I believe that esting thing about the auto bailout is we are in now. 20 or 30 years from now, historians will everyone expressed all this outrage It is time for the U.S. Government to look back and say that was the most over the auto bailout. I said back in cease announcements of new programs outrageous vote, maybe in the history October, when 75 percent of the Mem- or plans designed to inject confidence of these institutions. The administra- bers of the House and the Senate voted in markets. Moreover, I think con- tion has now requested the second $350 to give Secretary Paulson $700 billion fidence would be better instilled by billion sometime this week. to do with as he wished: Who is going halting the announcement of new bil- If you are a reasonable person and to be next in line to be bailed out? I lion dollar programs designed to fix were to assume that a major event in suggested aviation, then the auto in- markets. I understand the need to the financial world has prompted the dustry and farmers and everybody else. move in accordance with changing con- negotiations that led to the decision to That is exactly what did happen. So ditions. I simply think the time has release the second $350 billion, you those people who expressed such out- come to stop having the Government would be wrong. The true reason Con- rage with the auto bailout should stop trying to fix markets. The markets are gress may be asked to release the sec- and realize, if it had not been for that going to have to fix themselves. ond $350 billion—it is just politics. It is vote to turn loose and turn over $700 That is going to take some time. It is a hot potato; nobody wants it, but they billion, that could not have happened. not going to be a pleasant process, but all want the money, and that is what People talk about whatever it was, we are fooling ourselves if we think we we are faced with now. Again, no event $15 billion or whatever it was in the can come up with some easy shortcut in the financial world has prompted the auto bailout. That only constituted 2 to solving these problems. request for the second $350 billion. percent of the $700 billion. That is what One of the major causes of this crisis I was critical of the Bush administra- we have to keep our minds on, as to was the accumulation of far too much tion, and particularly of Secretary debt on the part of some financial in- Paulson, since the October 10 vote giv- what precipitated the problem we have stitutions. The U.S. Government can ing Paulson, an unelected bureaucrat, now. We were told what was going to be make the same mistake. We are now $700 billion to do with as he wished. It done with the money. Paulson came to anticipating an astounding $1.2 trillion is hard for me and it is hard for most us in September and said if we didn’t deficit this year alone, and that is be- Americans to understand, when they immediately come through with $700 fore any accounting of the roughly $800 talk about these huge numbers—billion billion—that is what he said it would billion stimulus proposal. dollars and trillion dollars, whatever it take to buy bad assets—the total econ- I can remember so many people in means. But I think the time has come this body criticizing President Bush on to count the actual number of families omy would collapse. It was a panic sce- his deficits. If you take the total defi- who file tax returns in America and, if nario. Then the plans changed and Paulson cits in the Bush administration and you do your math, with your $700 bil- began—and this happened right after add them up and divide by 8, the years lion it comes to $5,000 a family. That is he got his hands on the $700 billion. He he has been in there, the average is $247 what we are talking about. This is not didn’t use it to buy damaged assets. He billion. Now we are looking at $1.1 tril- a little deal. It is huge. I think, if peo- used it to pass out to various financial lion. ple look at some of the things that institutions—banks. It is my belief the This massive debt accumulation have happened since then, it is the poses a serious threat to future sta- fault of passing the $700 billion bill; rationale for releasing any more of the bility and economic growth. We are on that precipitated all the problems we $700 billion no longer applies. As a mat- track to have a budget deficit this year have. ter of fact, a prominent economist Congress is asked as an institution to from the Reagan administration last that exceeds the size of the entire Fed- prepare to say yes to the next $350 bil- Wednesday said the first $350 billion eral budget only a few years ago. How- lion in deficit spending simply because did absolutely no good, in terms of ever, we can immediately make we received a letter of assurances. I do dealing with the recession we are cur- progress on reducing that deficit not know what letters of assurance are, rently in. amount by not releasing the $350 bil- or what a letter of assurance is, but I It was clear to me at the time it was lion. That is something that deserves suppose it is the same kind of assur- a mistake to sign a blank check to one sufficient debate. ance we got from Secretary Paulson man for such a tremendous amount of Finally, as a fiscal conservative, the when he said to us we have to have $700 money. Although there are still signifi- thing that concerns me about the $700 billion, and it has to be used to buy cant challenges in the financial mar- billion bailout is it permanently damaged assets. kets, it appears the threat of the finan- changed the perception about what is The letters of assurances are a bunch cial crisis spinning so out of control ‘‘big’’ in big government from now on. of promises on paper and that is not that we face another Great Depres- What is another $50 billion here or an- sufficient justification for this institu- sion—which was the original justifica- other $100 billion there, after we give tion to let go of the $350 billion in tax- tion for the grant of such sweeping au- $700 billion to banks? What is the big payers’ money. Congress needs to put thority—has subsided. Has the need to deal about a trillion dollar deficit or itself back in the process when we are allow one person, whether it is Sec- $800 billion stimulus package or a talking about this kind of money. That retary Paulson or Timothy Geithner, multibillion health care proposal or is why I introduced legislation, S. 64, to give away hundreds of billions of whatever plan is dreamed up around with a bipartisan group of Senators. taxpayers’ dollars to banks subsided as here to spend the taxpayer money on, That says the executive branch can well? That is a question that needs to once we gave $700 billion to an only have access to the remaining $350 be asked, and that answer is yes. unelected bureaucrat with no over- billion if Congress approves the sub- I fully understand the severity of the sight. We have simply lost our perspec- mitted plan and votes on that plan. ongoing financial crisis that erupted in tive. People now think that the What is so bad about that? This is this past year. I am fully aware of the amount has changed. the way we have been doing business need to take extraordinary actions in I will close by noting the cost of the for years and years. The administra- such situations. From the rescue of following defining events in the 20th tion will make a request. That is what Bear Stearns in March to the an- century, much our shared history, and they do in the budget process. It comes nouncement of the bank equity pur- compare them with the $700 billion to Congress. We evaluate that and de- chase program in mid-October, to two bailout, to hopefully bring a little per- termine whether we, who are elected bailouts for AIG, to hundreds of bil- spective to the debate over the request representatives, believe it is something lions extended to Citigroup, the U.S. for the second half of the $700 billion that should take place. Government has, indeed, undertaken bailout.

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.015 S12JAPT1 wwoods2 on PRODPC68 with SENATE S282 CONGRESSIONAL RECORD — SENATE January 12, 2009 The Marshall Plan was a long time junior line attorney. It is hard to over- tion on our Department of Justice. In ago, but if you bring it up-to-date that state the importance of our trust that the Judiciary Committee, under the would amount to $115 billion. This is this great Department makes decisions distinguished leadership of Chairman after inflation. The race to the Moon, on the merits, proceeds on the facts Patrick Leahy, we worked hard to find $237 billion; the entire Korean war, $454 and the evidence and the law, and care- out what has been done there and to billion; the New Deal, $500 billion; the fully protects itself from political in- bring it to light. My colleagues, Sen- , $698 billion; and then 8 terference. ator SCHUMER of and Senator years in , in the liberation of Iraq— The Bush administration has com- FEINSTEIN of , deserve par- people were complaining about how promised the American peoples’ faith ticular credit in that struggle. much money it cost—it is less than the in their Department of Justice by com- Because I had worked in the Depart- $700 billion we are talking about here. promising the integrity of the Depart- ment, I was familiar with many of the We cannot put on fast track the re- ment at its highest levels. We need institutions, the traditions and the maining $350 billion in this package. that back. practices of the Department that have Congress is going to have to actively What we need now is an Attorney been cast aside or ignored. The result? debate any further funding. General who first, understands the The result was a damaged institution, What my legislation does, first of all, inner workings of the Department so its reputation compromised, its integ- if we do not do anything at all, if we sit he can set the ship right; second, will rity challenged, and its morale sadly back and act like everything is fine be fiercely independent and will make diminished. Now, more than anything and wait until the proposal comes to decisions based on the facts and the else, someone needs to put that right. us, then the only thing we can do under evidence and the law, not on politics or Eric Holder has the knowledge, the ex- the law we passed in October of this pressure from the White House; and perience, and the character to do that. past year is to have a resolution of dis- third, has the temperament and experi- I have listened with a great deal of approval. ence to be strong and fair through all interest to some of the things that If the leadership, if Senator REID and of the pressures that mount up on that have been said in this Chamber about the leadership decide we should not office. Eric Holder is the best possible Eric Holder and his character. Indeed, have a vote on that, I am sure they will person for this difficult job at this dif- there has been a not-so-subtle effort to have procedural ways to have this kept ficult time. question whether Mr. Holder is suffi- from having a vote, but even if there is We all know Mr. Holder’s long and ciently independent of political influ- a vote, they would have that control. distinguished experience at the Justice ence to serve this Nation as our Attor- That doesn’t do any good at all. The Department and within the justice sys- ney General. I cannot speak to the mo- only way to do it is to pass this bill tem. He has been a line attorney in the tivations behind this effort, but I can that says we cannot spend the last $350 Public Integrity Section, prosecuting say this: Eric Holder is a man who billion until they come forth with a corrupt public officials of both parties; spent 12 years as a line prosecutor program, we evaluate it, we take our he has been a judge nominated by prosecuting corrupt politicians of both prerogative as given to us in the Con- President ; he has been parties. He is a man who was suffi- stitution and determine whether this is the Deputy Attorney General, the No. 2 ciently politically independent for a wise expenditure of these funds. position in the Department; he has President Ronald Reagan to nominate I hope I will have several others been the U.S. attorney for the District him as a judge. This is a man who, as wanting to join S. 64. Who can argue of Columbia; and he has been a highly U.S. attorney for the District of Co- with accountability? regarded attorney in private practice. lumbia, indicted and convicted Dan I yield the floor. I suggest the ab- One would be hard pressed to find a Rostenkowski, the Democratic chair- sence of a quorum. more experienced candidate. It is no man of the Ways and Means Com- The ACTING PRESIDENT pro tem- surprise, then, that so many organiza- mittee, one of the most powerful men pore. The clerk will call the roll. tions and individuals who work with in Washington. This is a man who rec- The assistant legislative clerk pro- the criminal justice system every day ommended to Attorney General Janet ceeded to call the roll. have endorsed Mr. Holder’s nomina- Reno that she appoint an Independent Mr. WHITEHOUSE. Mr. President, I tion, including the National Fraternal Counsel to investigate President Clin- ask unanimous consent the order for Order of Police, the National District ton’s Secretary of the Interior, Bruce the quorum call be rescinded. Attorneys Association, the National Babbitt. This is a man who advised At- The ACTING PRESIDENT pro tem- Association of Police Organizations, torney General Reno to expand the pore. Without objection, it is so or- the International Association of Chiefs scope of the investigation by Kenneth dered. of Police, the National Association of Starr into the Monica Lewinsky affair f Assistant United States Attorneys, the investigation. National Center for Victims of Crime, NOMINATION OF ERIC HOLDER It is not just me with this confidence the National Organization for Victim in Eric Holder and in his independence, Mr. WHITEHOUSE. Mr. President, I Assistance, and Mothers Against his character, his judgment, and his rise to speak on President-elect Drunk Driving. temperament. Let me read what former Obama’s nomination of Eric Holder to Mr. Holder’s experience is unques- Attorney General William Barr, former be the Attorney General of the United tionable, but it is not only experience Deputy Attorney General James States. It is nothing new in Wash- that makes him the right person for Comey, and former Federal Bureau of ington for it to be said of a nominee this uniquely challenging post. I know Investigation Director Louis Freeh that he or she is the best person for a Eric Holder. When I was a U.S. attor- have said about him. job. That happens all the time. We ney, he was my colleague, as the U.S. In a letter to Chairman LEAHY and have all heard it. It will surprise no attorney for the District of Columbia, Ranking Member SPECTER, Mr. Comey one in this room or elsewhere in Wash- and then my boss when he became Dep- wrote this: ington to know it is not always the uty Attorney General. I have great per- From my professional and personal asso- case. But in this case, for this appoint- sonal confidence in him. In our work at ciation with Mr. Holder, I believe him to be ment at this time, I believe it is true. the Department, the U.S. attorneys a man of strong character, and first-class I believe Eric Holder is the best person saw firsthand in Eric, over and over, ability. I think he has the institutional to be Attorney General of the United the qualities of temperament, intel- knowledge, humility, and integrity to be a States. ligence, judgment, and independence fine Attorney General. It is hard to overstate the signifi- that are essential for an Attorney Gen- My colleagues will remember that cance of the work of the Department of eral and especially for an Attorney James Comey was the Deputy Attorney Justice to the American people. General who takes office during a time General for Attorney General Ashcroft. It is hard to overstate how vital it is when the Department is in distress. He was the Acting Attorney General at that the American people have con- As I know Eric Holder, so also do I the time of that sickening raid by the fidence in that Department, from the know the damage and destruction that White House Chief of Staff and White Attorney General down to the most was wrought by the Bush administra- House Counsel Alberto Gonzales at the

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.016 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S283 hospital bedside of stricken Attorney The ACTING PRESIDENT pro tem- sure we all recall Karl Rove. He used to General Ashcroft. He is the man who pore. Without objection, it is so or- be President Bush’s top political strat- stood up against the warrantless wire- dered. egist. Today he works as a high-priced tapping program and stopped it until it Mr. DURBIN. Mr. President, it is my political consultant. was brought right. He is the center, by understanding we are in morning busi- In a TV interview last month, Mr. all accounts, of what would have been ness. Rove called Eric Holder ‘‘the one con- essentially the resignation of the at- The ACTING PRESIDENT pro tem- troversial nominee’’ among President- torneys at the top of the Department pore. We are. elect Obama’s Cabinet choices. A of Justice if the White House had not f Washington Post reporter who had blinked and backed down. This is a been covering the Holder nomination NOMINATION OF ERIC HOLDER man who knows something about inde- said in an interview: pendence and integrity, and he vouches Mr. DURBIN. Mr. President, last Word on the street is that Karl Rove is for Eric Holder. month, President-elect Obama des- going to be helping lead the fight against Louis Freeh, who was the Director of ignated Eric Holder to be the next At- Eric Holder when his nomination for Attor- the Federal Bureau of Investigation, torney General of the United States. ney General heads up to the Senate. wrote this: When President-elect Obama made this That is unfortunate. I am confident, I am certain that Eric has the highest choice, there was virtual universal however, that at the end of the day, legal competence, total integrity, leadership, praise from both sides of the aisle. when Eric Holder comes before the and, most importantly, the political inde- Republican ORRIN HATCH of Utah, the Senate Judiciary Committee this week pendence to discharge faithfully the im- former chair of the Senate Judiciary for his nomination hearing, he will an- mense trust this Nation reposes in its Attor- Committee, said Eric Holder was ‘‘an swer the questions directly and show ney General . . . In all of Eric’s interactions excellent choice,’’ in his words, and the Senate and the American people with me as FBI Director, as well as in his that ‘‘I intend to support him.’’ My col- that he is an excellent choice to be our close coordination with my Deputy and league, Senator JEFF SESSIONS of Ala- other Assistant Directors who also had ex- next Attorney General. tensive and sometimes daily contact with bama, said, ‘‘I think his instincts on I met with Eric Holder in my office him, Eric always displayed total integrity, law and order are good’’ and that he last month. I had similar meetings courageous leadership, complete fairness, was ‘‘disposed to support’’ Eric Holder. with President Bush’s Attorney Gen- and, once again and most importantly, polit- Senator TOM COBURN of Oklahoma said: eral nominees: Michael Mukasey, ical independence. ‘‘I think it’s a good choice.’’ Alberto Gonzales, and John Ashcroft. Former Attorney General Bill Barr, It is not hard to see why the initial In my meetings with all four of these former Deputy Attorney General response to Eric Holder’s selection was nominees, I asked each of them about George Terwilliger, and others wrote so positive. After all, Mr. Holder had their views on issues that were central that: been confirmed unanimously by the to the mission of the Department of Mr. Holder’s 30-year professional career Senate in 1997 for the position of Dep- Justice. I asked them about a variety has consistently been characterized by un- uty Attorney General. of different issues: human rights, civil failing integrity and a commitment to polit- As the No. 2 person at the Justice De- rights, civil liberties, national secu- ical independence . . . Eric Holder is the partment, Mr. Holder supported broad- rity, and access to justice. I tried to right man at the right time to protect our ening the authority of independent take the measure of each man, and to citizens in the critical years ahead. counsel Ken Starr, a difficult decision gain a sense of whether they would There is a powerful record behind that was criticized by many Demo- have the independence and integrity Eric Holder of political independence. crats. Mr. Starr’s investigation led to for the job. The measure of independence is not the impeachment of President Clinton. In my opinion, Eric Holder stood whether you decide against the Presi- And Mr. Holder recommended the ap- head and shoulders above the others. dent or your party on every question, pointment of a special prosecutor to in- Let’s take one example, but a critically every time; the measure is whether you vestigate Interior Secretary Bruce important example, the issue of tor- decide against the President or your Babbitt, a member of President Clin- ture. party when the facts and the law direct ton’s Cabinet. The late historian Arthur Schles- it. In my view, Eric Holder has met Earlier in his career, Eric Holder had inger, Jr., said this about the torture that standard. And in the view of Re- been appointed by President Ronald policy of the Bush administration: publican Attorney General and Deputy Reagan to serve as a judge. He was No position taken has done more damage Attorney Generals and people who have later appointed by President Clinton to to the American reputation in the world— served with distinction and know him be the U.S. attorney in Washington, ever. well, they agree he has fully met that DC. In that position, he earned a rep- Historian Schlesinger, of course, has standard. utation for independence. He pros- written about the American history of I take the Senate’s role in the con- ecuted public officials of both political the 19th and 20th centuries, and I think firmation process very seriously. I be- parties during the 12 years he served as he understood as much if not more lieve the Judiciary Committee must a career prosecutor in the Justice De- than others that some of the graphic and, under the leadership of Chairman partment’s Public Integrity Section. scenes and details of torture under the LEAHY, will closely examine Mr. Hold- So it is no wonder Mr. Holder’s nomi- Bush administration have created, un- er’s record and his qualifications. It is nation to serve as Attorney General fortunately, sad memories among peo- our duty. At the end of that process, I was met initially with strong bipar- ple across the world. believe the majority of colleagues will tisan praise. Sadly, that policy of torture was agree with me and with so many others Unfortunately, some Senators are aided and abetted by the last two At- that Eric Holder is the right person at now questioning the character of Eric torneys General. Instead of defending the right time to restore our Depart- Holder. What has happened? Why the the rule of law, the Bush administra- ment of Justice to its rightful standing change? Why the initial positive reac- tion’s Justice Department set aside our as the defender of what is good and tion of a man who has served as a pros- treaty obligations and redefined tor- what is honorable and what is true in ecutor, as a judge, as the No. 2 man in ture with evasive words and with a our Nation. the Department of Justice, someone wink and a nod. I yield the floor, and I suggest the ab- who has faced thousands of decisions, a During his confirmation hearings, sence of a quorum. person who was first appointed under a Gonzales told me it was legally permis- The ACTING PRESIDENT pro tem- Republican President, then a Demo- sible for the United States of America pore. The clerk will call the roll. cratic President? Why this change? to subject detainees to cruel, inhuman, The assistant legislative clerk pro- Well, it is attributable in part to and degrading treatment. But cruel, in- ceeded to call the roll. someone who has surfaced again on the human, and degrading treatment are Mr. DURBIN. Mr. President, I ask American political scene and has been clearly prohibited by the Torture Con- unanimous consent that the order for very vocal in his criticism of Eric vention, a treaty we ratified and are the quorum call be rescinded. Holder. That person is Karl Rove. I am bound to obey.

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.017 S12JAPT1 wwoods2 on PRODPC68 with SENATE S284 CONGRESSIONAL RECORD — SENATE January 12, 2009 I drafted legislation to overturn this After hours of questioning Michael Without spending much time exam- Bush administration policy and make Mukasey on that simple, obvious fact ining the pardon request, Eric Holder it clear that cruel, inhuman, or degrad- when he refused to answer indicated he did not oppose it. ing treatment is prohibited in all cir- straightforwardly, here we have a In retrospect, when I asked him di- cumstances. I will tell my colleagues nominee for Attorney General who has rectly in my office, Mr. Holder admit- that my bill did not pass, but a vir- made it clear that America is going to ted that comment was a mistake. He tually identical bill introduced by Sen- return to the values we have held dear acknowledged that the Rich pardon ator JOHN MCCAIN, which I was proud for generations, and I think returning should not have been granted and that to cosponsor, did pass overwhelmingly. to those values will help restore our he should have sought the input of It was obvious that Senator MCCAIN position and credence in the world. other Justice Department officials was the right person to carry this Indeed, Mr. Holder has spoken out re- about this recommendation. It was a issue. His experience as a detainee and peatedly about this issue—not just in lapse in judgment, and Mr. Holder has prisoner of war during the Vietnam meeting with me privately. For exam- openly acknowledged it. conflict gave him more credence on ple, last June in a speech before the Now, many of us who have spoken this issue than anybody else on the American Constitution Society he said: out on the Senate floor have occasion- Senate floor. He stood and spoke not Our needlessly abusive and unlawful prac- ally said things we wish we hadn’t said. only for the American people but for a tices in the ‘‘war on terror’’ have diminished We are, as a matter of course, given great tradition in American law. He our standing in the world community and permission to revise and extend our re- was criticized and there were objec- made us less, rather than more, safe. marks if we make a mistake, but it is tions from Vice President CHENEY and Alberto Gonzales, the former Attor- rare in public life. Senators do it, Con- others, but Senator MCCAIN’s position ney General, said the United States gressmen do it, and occasionally elect- prevailed in the Senate. could engage in cruel, inhuman, and ed officials do it—to just say flat out, After Alberto Gonzales departed as degrading treatment. Listen to what ‘‘I made a mistake.’’ Eric Holder has Attorney General under a cloud of Eric Holder said during his speech to been open and honest about that. I scandal, I had hoped that the Justice the American Constitution Society: value that. In the thousands of deci- Department would be able to turn a We must declare without qualification that sions he faced as the No. 2 man in the new page with the nomination of Mi- it is the law, policy, and practice of the Justice Department, there are only a chael Mukasey. He had served as a Fed- United States Government that we do not handful that have even raised a ques- eral district court judge. He was an ac- torture people and we do not subject people tion, and he has been open and honest complished attorney. He was someone to cruel, inhuman, or degrading treatment. in saying that this was not the right who I thought came to this job with What a stark contrast from the eva- thing to do. the capacity to put perspective on sive words we heard from Alberto There is probably no one in America some of the most contentious issues. Gonzales and the refusal of Attorney more disappointed by that pardon of During his confirmation hearing on the General Michael Mukasey to address Marc Rich than the man who pros- second day, I asked Mr. Mukasey a this issue directly. ecuted him, James Comey. You may re- simple, straightforward question: Is I can assure my colleagues that Eric member Mr. Comey; I sure do. He is a the torture technique known as Holder will bring about a welcome Republican who served for a few years waterboarding legal? change in the Department of Justice as the Deputy Attorney General at the Now, waterboarding is a torture tech- and a welcome change that our Nation Justice Department under John nique that was used as long ago as the is anxious to see. He possesses the ex- Ashcroft. He was the one who stood up Spanish Inquisition in the 15th cen- perience, the wisdom, and the integrity to President Bush and refused to au- tury. Following World War II, the to be an outstanding Attorney General. thorize the President’s secret surveil- United States prosecuted Japanese He is a leader who can rebuild the mo- lance program during the critical pe- military personnel as war criminals rale within the Justice Department riod when John Ashcroft was hospital- when they were accused of and restore faith among the American ized and Mr. Comey served briefly as waterboarding U.S. prisoners. The people in this important agency. We all the Acting Attorney General. Earlier Judge Advocates General, the highest remember that chapter in the history in his career as an assistant U.S. attor- ranking lawyers in the U.S. military, of the Department of Justice when so ney in New York, Mr. Comey was the told me and testified unequivocally many U.S. attorneys were prosecutor in charge of the Marc Rich that waterboarding was illegal. But unceremoniously dismissed from their case. He knows the case better than Mr. Mukasey, at his confirmation hear- positions, many of whom had never had any of us. He strongly opposed the par- ing for Attorney General, refused to any criticism leveled at them for their don of Marc Rich by President Bill answer my question and to this day professional work. Questions have been Clinton, as did his colleagues in the still refuses to acknowledge that raised over and over as to whether this U.S. Attorney’s Office in New York. waterboarding is torture. was just a political move or what. The However, Mr. Comey sent a letter to President-elect Barack Obama has fact is, I am sure it took its toll on the the Senate Judiciary Committee a few made it clear that he will reclaim morale of the department. We have a weeks ago in support of the nomination America’s role as champion and de- chance with Eric Holder to restore it. of Eric Holder. I wish to read from it. fender of fundamental human rights. It is critical because without faith in He said: He said—and I quote my former Senate our system of justice, our democracy is colleague, President-elect Obama: I have come to believe that Mr. Holder’s in danger. role in the Rich and [co-defendant Pincus] No administration should allow the use of I wish to address one final matter Green pardons was a huge misjudgment— torture, including so-called ‘enhanced inter- that some of my Republican colleagues Mr. Comey wrote to the committee— rogation techniques’ like water-boarding, have talked about: the pardon of Marc head-slapping, and extreme temperatures. one for which he has, appropriately, paid It’s time that we had a Department of Jus- Rich in the closing days of the Clinton dearly in reputation. tice that upholds the rule of law and Amer- administration. In January of 2001 Mr. Comey went on to say: ican values, instead of finding ways to enable President Clinton issued a pardon for Yet I hope very much he is confirmed. I the President to subvert them. No more po- Marc Rich, who had been convicted of know a lot of good people who have made litical parsing or legal loopholes. tax evasion and who had fled the coun- significant mistakes. I think Mr. Holder’s I believe Eric Holder will fulfill the try. Presidents have the power to issue may actually make him a better steward of President-elect’s commitment. When I pardons and commutations, and they the Department of Justice because he has met with Mr. Holder, I asked him the seek the advice of the Justice Depart- learned a hard lesson about protecting the same simple question I had asked Mi- ment on which requests to grant and integrity of that great institution from po- chael Mukasey: Is waterboarding ille- which to reject. On January 19, 2001, litical fixers. I’m not suggesting errors of judgment are qualification for high office, gal? Without hesitation, Mr. Holder the last full day of the Clinton Presi- but in this case, where the nominee is a looked me straight in the eye and dency, the White House called Eric smart, decent, humble man who knows and said—and I quote—‘‘Senator, Holder at the Justice Department to loves the department and has demonstrated waterboarding is torture.’’ ask him his opinion about Marc Rich. his commitment to the rule of law across an

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It is one more measure of age 2, undergoing an intensive therapy James Comey, a Republican, and the how far America has come that we now regimen at the Roosevelt Warm chief prosecutor of Marc Rich who was have a chance to confirm a distin- Springs Institute for Rehabilitation entrusted with major responsibilities guished African American to be the top and obeying doctors’ orders not to in the Department of Justice under law enforcement officer in America. walk or run for 2 years. That took de- President Bush. He is a man who knows After 8 years of the Justice Depart- termination, and MITCH showed that that Department very well. ment trampling the Constitution and early on. Mr. Comey’s opinion is also shared by often putting politics over principle, Senator MCCONNELL’s service to his Larry Thompson, another prominent we now have a chance to confirm a State and Nation is as varied as it is Republican who served for several nominee with strong bipartisan sup- impressive. After serving as a student years as Deputy Attorney General port who can restore the Justice De- body president and graduating with under President Bush. Mr. THOMPSON partment to its rightful role as the pro- honors at the University of Louisville had this to say about Eric Holder and tector of our laws and renew America’s College of Arts and Sciences in 1964, he the Rich pardon: faith in our system of justice. went on to law school at the University There’s no way you can have a high-profile This week, before the Senate Judici- of Kentucky, where he was elected job in Washington like the deputy attorney ary Committee, on which the Presiding president of the Student Bar Associa- general without attracting some kind of con- Officer also serves—we will have an op- tion and earned a law degree. troversy. That matter has been fully inves- portunity to ask questions of Mr. Hold- He followed that by working as an in- tigated, and it should be put behind him. er. I will be asking him many of the tern for Senator John Sherman Cooper Let me also read the statement of an- same questions I have asked of former and as a chief legislative assistant to other high-profile Republican, Ed Rog- Senator Ashcroft, Mr. Gonzales, and Senator Marlow Cook, which provided ers, who served in two Republican Mr. Mukasey. him with invaluable experience in White Houses. Mr. Rogers said: The answers, I am sure, will be sig- Washington, DC. Other stints followed: Under the Constitution, the President’s au- nificantly different, showing that we He was deputy attorney general under thority to pardon is unlimited. There was no are about to launch a significant President Gerald R. Ford and a county deceit or malfeasance by Holder. Everyone change in America, a change which the judge-executive in Kentucky until he knows this was Bill Clinton’s initiative. Eric American people voted for overwhelm- Holder is innocent. was sworn in as a U.S. Senator on Jan. ingly in November and a change that 3, 1985. Then he added: will be carried forward in a very posi- In whatever position Senator MCCON- tive way at the Department of Justice the Rich pardon is no bar to Eric Holder NELL has served, he has unfailingly being an effective Attorney General—even by Eric Holder as our next Attorney served with distinction. I have had the though we Republicans and some in the General. good fortune of working with MITCH for media will enjoy rehashing it. I yield the floor. years, dating back to his election as a You can question Eric Holder’s judg- f freshman Senator, when he became the ment in the Marc Rich case, but you TRIBUTE TO MITCH MCCONNELL first Republican to win a statewide can’t question his integrity, his inde- race in Kentucky since 1968. In fact, pendence, and his character. Mr. HATCH. Mr. President. I rise A few days ago the Senate Judiciary today to honor my good friend MITCH MITCH was the only Republican in the Committee received a letter of support MCCONNELL, the Senate minority lead- Nation in 1984 to defeat a Democrat in- for Eric Holder from 10 prominent Re- er whose strong leadership, sterling ex- cumbent. To his considerable credit, MITCH has publican lawyers, including former At- ample and wise counsel have earned been defying the odds ever since. For torney General William Barr and him an honored position within the example, during his tenure as chairman former chief counsel to Senator ARLEN ranks of the extraordinary public serv- of the National Republican Senatorial SPECTER of Pennsylvania, Michael ants who now serve or have served in Committee during the late 1990s and O’Neill. This is what the letter said: the U.S. Senate. Senator MCCONNELL is the second early 2000s, the Republicans controlled Due to his character and experience, Eric the Senate—in large part due to his today enjoys the endorsement of literally Kentuckian to lead his party in the thousands of law enforcement officials from U.S. Senate, the first being Senator leadership. across the country, including NAPO (the Na- Alben Barkley, who led Senate Demo- MITCH MCCONNELL is a conservative’s tional Association of Police Organizations), crats from 1937 to 1949. MITCH is now conservative who gets high marks from NDAA (National District Attorneys Associa- the longest-serving Republican Senator the American Conservative Union and tion), PERF (Police Executive Research in Kentucky history, eclipsing the pre- all who know him. Moreover, he is a Forum), NSA (National Sheriffs’ Associa- vious record held by the legendary Sen- scholar and able defender of the Con- tion), NAAUSA (National Association of As- ator John Sherman Cooper. stitution and this great country. Know- sistant U.S. Attorneys), and NOBLE (Na- Today, Senator MCCONNELL has been ing just how deadly terrorists can be, tional Organization of Black Law Enforce- he is deadly serious about protecting ment Executives). . . . As former federal serving as a U.S. Senator for almost a prosecutors and senior officials of the De- quarter century. During that time, America. He also is an outspoken advo- partment of Justice we are profoundly aware four U.S. Presidents, scores of col- cate of the first amendment and a tre- of the challenges that the Department and leagues, and several crises have come mendous parliamentary tactician. the country are facing. Eric Holder is the and gone, but MITCH has carried on When MITCH MCCONNELL talks, people right man at the right time to protect our with courage, boldness and steadfast- listen and pay heed—almost always citizens in the critical years ahead. ness. He has weathered the most turbu- with excellent results. It is worth noting that Eric Holder lent political seas and has always been As good a Senator as MITCH is, he is also has the public support of former a calming influence on his Senate col- an even better man—one who places FBI Director Louie Freeh, as well as leagues while at the helm. principals above partisanship. His love the National Fraternal Order of Police, Few would have predicted that Sen- for his State and our Nation is second which is the world’s largest organiza- ator MCCONNELL would have such stay- to none. He also is loyal, honest and tion of sworn law enforcement officers. ing power when he was first elected to unflappable, which explains why he is One final point: Eric Holder is a his- the Senate in 1984 by a razor-thin mar- held in such high esteem by his Senate toric selection. If confirmed, he would gin—less than half a percentage point. colleagues on both sides of the aisle. be the first African-American Attorney But political pundits and prognos- MITCH is a devoted family man. He is General in our Nation’s history. When I ticators often only skim the surface or the proud father of three beautiful was growing up, there were laws in state the obvious and give short shrift daughters and the loving husband of some States that prevented African to the characteristics that matter outgoing U.S. Secretary of Labor Americans from drinking out of the most in the making of an outstanding Elaine Chao. And he is utterly devoted same water fountains as Whites, at- leader. to the people of Kentucky he so ably

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.022 S12JAPT1 wwoods2 on PRODPC68 with SENATE S286 CONGRESSIONAL RECORD — SENATE January 12, 2009 represents and honors with his stellar and communities in which they lived. remarkable achievement of our dear service. The tobacco buyout will inject $2.5 bil- friend, the senior Senator from Ken- At this time, I wish my colleague and lion into Kentucky over 10 years to to- tucky and the minority leader of the dear friend success, health and happi- bacco quota holders and growers, al- Senate, Senator MCCONNELL. And I ness as he continues his leadership and lowing them to transition to other apologize that I wasn’t able to join the service in the 111th Congress. I am crops, continue the farming way of life, rest of my colleagues in their tribute grateful for the opportunity I have had and provide for their families. After earlier. to work with him over the years and many obstacles and years of frustra- Twenty-four years is a long time in look forward to continuing to serve to- tion, I was proud to work closely with politics and in the case of my friend gether in tackling the tremendous MITCH on this effort to sign the buyout from Kentucky, it is historic. challenges confronting our great Na- into law. Many thought it couldn’t be But as someone who sits at the desk tion. done. But we knew it could. his father did before him—who treas- I honor him and his wife Elaine for Then there are the millions of Ken- ures this institution—I know there is a their service and sacrifices and ask for tuckians who have benefited from difference between the length of our God’s blessings on them both. both. MITCH’s work to strengthen higher edu- service and the quality of our service. Mr. BUNNING. Mr. President, this is cation. I know firsthand his dedication And let there be no doubt that a day for all Kentuckians and Ameri- to Kentucky’s universities. He under- throughout his two-and-a-half decades cans to celebrate the man I proudly stands that by improving them, we not here, Senator MCCONNELL has tire- call my best friend in the Senate. only help students but entire commu- lessly dedicated himself to the latter. Today we mark an historic occasion nities by developing jobs and building a My friend and I may not agree on ev- for the Commonwealth of Kentucky better workforce. erything. But we both realize the ex- and the Senate, as my colleague, my During his time in the Senate, he has traordinary privilege and opportunity friend, and my party’s leader, MITCH secured over $320 million for research this is. When this institution works, it works MCCONNELL, becomes the longest serv- and infrastructure in Kentucky’s uni- because of people like MITCH MCCON- ing Senator in Kentucky history. versities. And I know he is not finished NELL. Back in 1984, when MITCH first won yet, as that remains one of his highest Having served with him for the past election to this Chamber by just over priorities. 24 years and during our time at the 5,000 out of over 1.2 million votes cast, All of us on this side of the aisle rec- Rules Committee, I had the privilege of some may have doubted that the Jef- ognized MITCH’s ability, and we have seeing my colleague’s remarkable tal- ferson County judge executive and unanimously chosen him to be the Re- ent very closely. newly-elected Senator would go on to publican leader. Everyone in this Chamber knows how become the leader and statesman he is Leading the Senate is like herding difficult the moment was after the today. But some of us had little doubt. cats. Senators are not the kind of peo- Presidential election in 2000. The coun- It was easy to tell MITCH was special ple who are easily led. We are all used try was terribly divided along partisan from the beginning. In 1984, he was the to leading ourselves. lines and feelings in this institution only Republican challenger in the It takes a special kind of man to lead were raw. country to defeat a Democratic incum- all these class-president types, to bal- As chair and ranking member of bent in a Senate race. In Kentucky he ance the different personalities and Rules, the responsibility fell to Sen- was also the first Republican to win a issues that can come out of our con- ator MCCONNELL and me to count the statewide race since 1968. ference. It takes vision and clarity to electoral votes—typically a ceremonial MITCH went on to prove that his ini- be able to define our principles and our duty but one fraught with tension in tial victory was not just luck. Some of mission, to codify them in a way that the wake of the closest Presidential my friends may not know what a every Member can get on board, and to election in American history. prominent role MITCH has played in communicate them to our colleagues We would soon oversee together Kentucky’s political history. He has and the country. And it takes consider- President Bush’s first inaugural as helped to build the thriving two-party able wisdom to maneuver past the well. political system that Kentucky has many legislative obstacles and par- That we were able to get back to today. liamentary land mines that lay in wait business in such short order was a trib- MITCH worked with the focused deter- in the Senate. MITCH MCCONNELL is the ute to MITCH MCCONNELL’s tempera- mination that is his trademark here in right man for the job, and I am proud ment and commitment to this institu- the Senate and aggressively recruited of him as he continues to lead our tion. Republican candidates at every level party in the Senate. And there was some very important throughout the State. He made his case And Kentucky is proud of him, too, business to be done—not the least of to the people of Kentucky, explaining as only the second Kentuckian in his- which was reforming our nation’s vot- his philosophy and his mission. tory and the first in over half a cen- ing laws to ensure there wouldn’t be a As a Republican, he was certainly tury to become a Senate . repeat of ever again. Together, swimming upstream at first. But over In that role, he is able to do even more and over a series of months, he and I time, the people responded. for Kentucky. wrote the Helping America Vote Act. Twenty-four years later, he remains MITCH has graced this Senate with It was a difficult, delicate process— as popular as ever back home. Last No- his leadership, commitment to prin- but the hard work paid off. vember, Kentuckians elected him to a ciple, and his trademark determination Civil rights hero JOHN LEWIS called record fifth term and awarded him for 24 years now 8,775 days, to be exact. HAVA the most important voting nearly 1 million votes the most ever He is now Kentucky’s longest serving rights law since the Voting Rights Act won by a Kentuckian in a statewide Senator. passed in 1965. In part because of Sen- race. On a personal note, I want to say ator MCCONNELL’s commitment to And why shouldn’t Kentucky con- that I couldn’t ask for a better partner working together—to working through tinue to send MITCH MCCONNELL to our in my work to improve our State. Mary difficult issues instead of setting them Nation’s Capital to fight for them? and I will always be thankful for his aside—today Americans have more Look at all he has accomplished on friendship and that of his wife, our confidence in their right to vote pri- their behalf. great Secretary of Labor, Elaine Chao. vately and independently. No. 1 on the list is his effort to pass Kentuckians could not have a better We also managed the McCain-Fein- the tobacco buyout one of the most sig- Senator fighting on their behalf. Our gold bill to reform our campaign fi- nificant events in the agricultural his- State is lucky to have him, and so is nance laws on the floor of the Senate— tory of Kentucky. I can’t stress enough this Senate. I congratulate him on another challenge that took consider- that the tobacco buyout, passed in 2004, reaching this very significant mile- able effort on the part of Democrats has helped the livelihoods of tens of stone. and Republicans to work together. To thousands of Kentucky tobacco farm- Mr. DODD. Mr. President, I rise to set aside those differences and focus on ers, their families, and the many towns join my colleagues in celebrating this what was at stake.

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.003 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S287 Senator MCCONNELL did not support Nations charter which expressly recog- President Asad the issue of the McCain-Feingold bill in the end. nizes the right of self-defense under cir- and Hamas, he said if the Palestinian But he was passionate about there cumstances where a nation is attacked. issue could be resolved, those other being a fair process. And that was the factual matter there. matters would fall into place. As another Kentucky son once said, In speaking to Israeli President Peres There is also the potential advantage Justice Louis Brandeis, ‘‘We are not and Israeli Prime Minister Olmert, the of trying to move Syria away from the won by arguments that we can analyze, point was made that Israel was taking influence of Iran. That is not an easy but by tone and temper—by the man- this action only as a last resort to pro- matter. But if there were to be an ner, which is the man himself.’’ tect Israeli citizens. Israeli-Syrian peace treaty—and I To me, that is MITCH MCCONNELL—a It is highly significant that the Pal- think that can happen only with the conservative to the marrow but some- estinian Authority, which has had its participation of the United States—the one who has never forgotten why we differences with Hamas, has backed the prospect would be present of improving come here: Israeli position. We had a discussion that situation of trying to separate To make a difference. with Palestinian Authority Prime Min- Syria from Iran. So I congratulate my colleague and ister Fayyad, who said that the Pales- In Brussels, we had a meeting with his family for reaching this remarkable tinian Authority was convinced that General Craddock, who is the NATO milestone. May you continue to expand Israel had acted properly and that the commander there. We discussed a vari- on it for many years to come. Thank Palestinian Authority would do what it ety of subjects, as described in a more you. could to maintain quiet within the Pal- extensive report that I will ask to have printed in the RECORD. f estinian Authority’s jurisdiction in the face of any demonstrations which With respect to our discussions with CONCLUSION OF MORNING might occur. General Craddock, the key point was BUSINESS It is worth noting that Egypt has the issue of what is going on in Afghan- The PRESIDING OFFICER (Mr. backed the Israeli action, noting the istan. General Craddock made the CARDIN). Morning business is closed. aggressive stand taken by Hamas, and point that there cannot be a military victory in Afghanistan but the mili- f Saudi Arabia, too, has noted Hamas’s inappropriate conduct. tary can be successful in securing the DESIGNATING CERTAIN LAND We visited in with Ambas- situation, that there will have to be COMPONENTS OF THE NATIONAL sador Schulte and discussed at some improvements in the Afghanistan Gov- WILDERNESS PRESERVATION length the International Atomic En- ernment in dealing with the people of SYSTEM—MOTION TO PROCEED ergy Agency efforts to conduct inspec- Afghanistan. General Craddock com- The PRESIDING OFFICER. Under tions on what is going on in Iran with mented that he thought it would be a the previous order, the Senate will re- respect to any efforts by Iran to create protracted period of time where we sume the motion to proceed to S. 22, a nuclear weapon. would have to have substantial NATO which the clerk will report. A year ago, I had an opportunity to forces, in addition to those provided by The assistant legislative clerk read meet with IAEA Director Mohamed the United States, to find a resolution as follows: ElBaradei. He was out of town when we of the issues in Afghanistan. I was accompanied on my trip by my A bill (S. 22) to designate certain land as were there. I had a conversation with legislative director, Chris Bradish, my components of the National Wilderness Pres- him by telephone on the issue of the ef- military escort, Phil Skuta, and by Dr. ervation System, to authorize certain pro- forts by the IAEA to conduct the in- Ronald Smith, all of whom did an ex- grams and activities in the Department of spections and that at the moment Iran cellent job. A very comprehensive trip the Interior and the Department of Agri- is not cooperating and, further, inter- culture, and for other purposes. report has been prepared by Mr. national action needs to be taken to be Bradish. I ask unanimous consent to The PRESIDING OFFICER. The Sen- sure Iran does meet its obligations have printed in the RECORD, as if stated ator from Pennsylvania is recognized. under international agreements and Mr. SPECTER. Mr. President, I ask in full on the floor, the trip report. that there are adequate safeguards to There being no objection, the mate- unanimous consent to speak for up to prevent Iran from developing a nuclear 10 minutes. I have conferred with the rial was ordered to be printed in the weapon. RECORD, as follows: Senator from Oklahoma, Mr. COBURN, When we were in Syria, Iran’s activi- REPORT ON FOREIGN TRAVEL who was scheduled to speak first. That ties on that subject were discussed Mr. President, as is my custom, when I re- is satisfactory with him. I further ask with Syrian President Bashar al-Asad. unanimous consent that Senator turn from foreign travel, I file a report with On the Iranian subject, President Asad the Senate. COBURN be recognized at the conclusion urged that action be taken to try to From December 25, 2008 to January 5, 2009, of my remarks. get the inspections, and that would be I traveled to the United Kingdom, Israel, The PRESIDING OFFICER. Without a more productive line than chal- Syria, , , Norway, and Ice- objection, it is so ordered. lenging whatever rights Iran had as- land. I was accompanied by my wife, Joan, The Senator from Pennsylvania is serted. my Legislative Director, Chris Bradish, my recognized. military escort, Phil Skuta, Colonel, USMC, In our discussions with President and Dr. Ronald Smith, Captain, USN. REPORT ON FOREIGN TRAVEL Asad, the subject of a potential Israel- ISRAEL Mr. SPECTER. Mr. President, I have Syria peace treaty was discussed. The I departed the United States on December sought recognition to speak briefly Syrians have made it plain that they 25th and made a brief stop in London en about foreign travel which I undertook are interested in a return of the Golan route to Israel. We arrived in Israel on the over the past recess, focusing prin- Heights. Only Israel can decide for evening of December 26th. This was my cipally on the Mideast and on . itself whether it is willing to give up twenty-sixth visit to Israel since joining the My group arrived in Jerusalem on the Golan with respect to whatever Senate in 1981. Almost exactly a year after December 26, late in the evening on strategic advantage the Golan may my previous visit to Israel, the domestic po- Friday. The next day, the hostilities litical landscape had changed significantly. have. Obviously, it is a different world Prime Minister Ehud Olmert tendered his arose in Gaza. I had an occasion to dis- strategically today than it was in 1967 resignation on September 21, 2008, and gen- cuss this matter with a number of offi- when Israel captured the Golan eral elections are set for February 10, 2009. cials in Israel and also with Prime Min- Heights. One of the major questions being posed to ister Fayyad of the Palestinian Au- It is my view that there could be sub- the major parties is how best to approach thority. stantial advantages for Israel in terms the peace process. As is well known from the news re- of Syrian concessions in a number of A 6-month truce between Israel and Hamas ports, the Israeli action was taken in directions to leave as a sov- ended on December 19, 2008. United Nations data showed that fewer rockets were fired at response to shelling by Hamas on Israel ereign nation without efforts to desta- Israeli towns in the initial few months fol- over a protracted period of time. bilize Lebanon but withdrawing any lowing the onset of the truce on June 19, Israel’s action was legal under inter- Syrian support from Hezbollah and also 2008. reported on De- national law, Article 51 of the United from Hamas. When we discussed with cember 19 that, ‘‘more than 300 rockets were

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.025 S12JAPT1 wwoods2 on PRODPC68 with SENATE S288 CONGRESSIONAL RECORD — SENATE January 12, 2009 fired into Israel in May [2008], 10 to 20 were aisons who are trusted by both sides. Olmert not be ignored if one is looking for tran- fired in July.... In August, 10 to 30 were said there had been four rounds in which the quility in the region. We discussed how Syria fired, and in September, 5 to 10.’’ However, as issues to be discussed in a potential dialogue hosts terrorist entities and acts as a conduit reported by on Decem- were presented such as borders, terrorism for Hezbollah. He stated that this is a prob- ber 23, 2008, Israeli towns were faced with an and Iran. He said of Syrian President Assad, lem and that Iran was also a problem for the increasing barrage of fire as the truce neared ‘‘I know what he wants from me and he region. He believes that Israel will not allow its end: ‘‘[H]undreds of rockets and mortar knows what I want from him.’’ Iran to obtain a nuclear weapons capability. shells...have been fired at Israel in the He expressed disappointment that Syria He suggested engaging the Russians to make past month.’’ did not provide clear signals that they were them a real partner in engaging Iran—some- The day after my arrival, Israel launched willing to acknowledge what Israel wanted. thing President Shimon Peres told me ear- air strikes on Gaza in response to the rocket It was his view that Syria was waiting for a lier in the day. He said it is not effective for attacks by Hamas. new U.S. President to assume office before the U.S. to yell at Iran. However, if others The rockets launched from Gaza as well as seriously engaging. Nonetheless, he said he such as Russia started getting Iran’s atten- those from Hezbollah pose a major threat to was committed to carrying out the process. tion, it may change Tehran’s calculus. Israel’s security. To counter this threat, I I asked the Prime Minister if Iran knows On December 29th I traveled to the Knesset have long supported full funding for the how dangerous it is for them to obtain a to meet with Benjamin Netanyahu. Joining Arrow Anti-Missile System, the David’s military nuclear capability. He replied, us in the meeting was Yural Steinitz, a Sling Weapon System, and the Counter Ter- ‘‘Iran feels the weakness of America.’’ He member of the defense and foreign affairs rorism Technical Support Working Group. suggested the U.S. apply more pressure on committee, and Silvan Shalom, a former for- During my tenure, I have worked to secure Iran by ending business and commerce ex- eign minister. more than 80 billion for Israel, to include $1.4 changes, particularly from the European On Hamas, Netanyahu stated it would be billion for the Arrow Anti-Missile System. Union. Olmert believes that there are plenty very difficult to peacefully engage them as On December 28th, I had a working break- of options between the extremes of doing their goal is to see Israel destroyed. I asked fast with the U.S. Ambassador to Israel, nothing and utilizing military force. On the what could be done to minimize civilian cas- James Cunningham. It is worth noting that question of when to engage Tehran, Olmert’s ualties in Gaza. He replied that Gaza should Ambassador Cunningham is a product of Al- view differed from Peres’: ‘‘The sooner the not host terrorists. He further stated that lentown, Pennsylvania. Ambassador better.’’ both Abu Mazen and President Mubarak said Cunningham’s prior posts, notably at the Following my meeting with the Prime the Israeli action was the responsibility of United Nations, provided him a broad experi- Minister, I traveled to our consul general’s Hamas. ence in dealing with many of the regional residence for a briefing on Israeli-Pales- On Syria, Netanyahu reminded me of when players. He briefed me on the situation in tinian relations and an update on the Gaza I carried a message from him to President Gaza, the upcoming elections in Israel, Iran’s situation. The recent reports indicated there Assad in 1996. There was a concern at the influence in the region, and the prospects for were 280 dead and 600 injured—a figure that time about troop amassments on the border. peace agreements with Syria and the Pal- would climb. He stated there were dem- I was able to carry the message and accord- estinians. onstrations across the Arab world and clash- ing to Netanyahu and Syrian Foreign Min- Following our meeting we departed for es in Hebron and the West Bank. ister Muallem, may have helped to prevent a Beit Hanassi to see President Shimon Peres. We discussed concerns over the potential military conflict. He expressed doubt about a He updated me on the Gaza situation and for a humanitarian crisis in Gaza. The consul potential deal with Syria, citing the dif- stated, ‘‘We didn’t do it with great pleasure. general informed me that Israel had provided ficulty of engaging them while they play We didn’t have any choice.’’ 40 truckloads of humanitarian aid but a ces- host to terrorist entities and do not make I asked if negotiations on a peace agree- sation of attacks did not appear imminent. any effort to halt transshipment of fighters ment could come to fruition with the Pales- We discussed the financing of Gazans who and weapons through their territory. tinian Authority with Hamas in the position rely on the UN, Palestinian Authority sala- With regard to the current situation with it is in. Peres believed it was possible. We ries and Hamas to survive. Iran, the group suggested a review of what discussed the four outstanding issues that The consul general told us that the econ- happened with Libya. They stated it was not need to be addressed to achieve an agree- omy in the West Bank has improved under just sanctions or diplomacy, but rather the ment: security, borders, refugees and Jeru- the direction of Salam Fayyad 18 months Libyan calculus that the U.S. and UK would salem. ago. Payrolls are being met and tourism is attack. The threat of force, according to When asked about the prospect for an getting better due to a spillover from in- them, was the critical factor. Their conclu- agreement with Syria, President Peres did creased tourism in Israel. sion was clear: Iran will only give up its nu- not express enthusiasm, citing Syria’s trou- We were then joined by Prime Minister clear weapons aspirations if the threat of bling alliance with Iran and the concern that Fayyad. I asked about the prospects for military force is severe enough. Damascus may not be sufficiently interested peace with Israel. The PM indicated that the Following my meeting at the Knesset we in a peace agreement. He stated that Syria peace process should be pursued and while it departed for Tel Aviv for our flight to Syria. cannot have Lebanon and the Golan at the has not happened as quickly as some would SYRIA same time. like, the Bush Administration deserves cred- We arrived in Damascus on the night of I asked the President about what can be it for some of their efforts. December 29th and were met by Charge d’Af- done on the Iran front. His best advice was to He stated that U.S. support of the Pales- faires Maura Connelly. This was my 18th keep the price of oil low as that will gen- tinian Authority has had a good impact in visit to Syria. erate lower revenues for Tehran. Broader en- terms of helping them govern and provide On December 30th, I received a briefing ergy independence is critical. Peres stated, services and draw support away from Hamas. from Charge Connelly prior to the day’s ‘‘Kill the oil, kill your enemies .... Oil pro- I pressed him on how the money was being meetings. Later that morning, we traveled duces pollution and craziness .... don’t spent and was told it was going toward eco- to President Assad’s palace. shoot at mosquitoes, dry the swamp.’’ Peres nomic development projects and infrastruc- President Assad began the meeting by ex- advised us not to deal with Tehran until ture. As a result of the PA’s success in con- pressing his concern with the situation in after Iran’s May elections. trolling expenditures and obtaining more Gaza. I asked him if Hamas would ever I have pushed for greater consideration of revenue, they anticipate lowering their de- change its policy or position towards Israel the Russian proposal to enrich Iran’s ura- pendence on foreign assistance by 35 percent. and Jews. Assad indicated that Khaled nium. President Peres indicated that there is He cited some of the efforts: reducing their Mashaal, the head of Hamas who is located a broader opportunity for the U.S. to engage payroll from 190,000 to 150,000; improving rev- in Damascus, has said his group would ac- Russia. He indicated Russia is concerned enue collections such as utility bills; and in- cept the 1967 borders and that constituted about American’s missile defense activities stalling prepaid meters, of which he noted recognition. Assad believes that Hamas has in Europe and regional hegemony. He sug- that the city of Janin is using 100 percent changed, that Mashaal is a moderate within gested using missile defense as an avenue to prepaid meters. Hamas and the best way to resolve border turn the U.S.-Russian problem into coopera- He indicated that the private sector needs issues is for the Palestinians to have a ref- tion against Iran. to be enhanced, but that it would only be erendum. Peres shared with me his views on future possible when more mobility is permitted in I told President Assad that Prime Minister economic issues and stated there will be five the West Bank. Fayyad stated that the Pal- Olmert had said he would like to see the great industries: energy, water, stem cells, estinian Authority must be seen as com- time come when he could stay at the Four homeland security and education. I asked petent and able to provide for their people. Seasons in Damascus. Assad responded that what Israel hoped for in the new U.S. Presi- On Gaza, Fayyad indicated that the senti- going back to the pre-1967 border is the key dent. Peres replied that he wanted him to be ment is against Hamas because they know Olmert needs to access such a hotel room a great President for the United States. this would happen if they continued to and that, ‘‘the Golan is everything for us . . . On the afternoon of December 28th, I met launch rockets into Israel. Fayyad said he in every bargain, I put Golan first.’’ with Prime Minister Ehud Olmert. I asked was upbeat about the prospects for improv- In May 2008, Israel and Syria announced in- Olmert where Israel and Syria stood on their ing life and the situation for Palestinians. direct peace negotiations through Turkish proximity talks. He said they chose the The Prime Minister told me that it is very mediators. According to a June 25, 2008 arti- Turks as mediators because they are good li- important to deal with Syria and that it can- cle by David Ignatius in The Washington

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.001 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S289 Post, ‘‘The channel opened in the fall of 2006, Force weapons systems officer whose plane I pressed the Minister on the arrests of just after the summer war in Lebanon that went down in 1986. In December 2007, I asked what are referred to as ‘‘dissidents.’’ He indi- had made both Damascus and Tel Aviv nerv- President Assad for his assistance in secur- cated that they had contacts with Syria’s ous about the destabilizing role of Hezbollah, ing the release of Ehud Goldwasser and enemies and provoking action against the re- Iran’s proxy in Lebanon.’’ I was first told Eldad Regev, two Israeli soldiers who were gime. about the secret talks in 2007 by officials in captured by Hezbollah in July 2006. Regret- Muallem indicated he had just met with the region. tably, their bodies were returned to their Hamas leader Khaled Meshaal to discuss a He shared with me the Syrian view on the families in July 2008. possible ceasefire and if Hamas would stop proximity talks with Israel that have been As I told Gilad Shalit’s father in a meeting rocket attacks should Israel agree to a ces- facilitated by Turkey. He said that they in Washington this past summer, I remain sation of bombing. He said he had also been were still at the stage of trying to get a set committed to doing whatever I can to help in contact with EU foreign ministers on the of principles in place which would allow for secure the return of captured Israeli soldiers matter. He indicated that Hamas’ morale is discussions but that the violence in Gaza or, where they have perished, to obtain their high given the 2006 war with Hezbollah, but would place this effort on hold. remains. I have also requested the assistance that Hamas and Islamic Jihad are willing to I expressed my concern about Syria’s in- of Egyptian President Hosni Mubarak. consider a ceasefire. volvement in Lebanon, the prospect of a nu- I also followed up numerous letters I had I pressed him on the possibility of a peace clear Iran, the statements made by President written to Assad requesting he allow a pray- agreement with Israel. He expressed, as he Ahmadinejad regarding his desire to wipe er to be said over the grave of Eli Cohen. He has in the past, that the issues on both sides Israel off the map and the transshipment of rejected the idea, claiming it would not be are understood. However, the bombing in weapons through Syria to terrorist entities. possible given that Cohen was hanged as a Gaza has made it so Syria ‘‘cannot jump to I told Assad that Damascus has a role in spy and that Israel remained a Syrian peace with Israel.’’ I asked what could be these issues and has the opportunity to act enemy. done to move the process forward. He replied positively. Following my meeting with the president, that each side must respect the interests of On Lebanon, Assad said they had a positive I was scheduled to meet with various social one another and that dialogue is needed. role in supporting the formation and func- and civic leaders. In prior visits, and as re- On Iran, Muallem stated that Iran has the tioning of a government. According to an Oc- cently as last year, I had the opportunity to right to enrich, and that the world needs to tober 15, 2008 PBS report, ‘‘In August [2008], meet with these leaders. However, I was not acknowledge that, but that Syria does not Lebanese President Michel Suleiman made able to during this visit as it has become in- approve of Iran having a nuclear weapon. He an official visit to Damascus, where he and creasingly difficult for Syrians to meet with stated that the U.S. missed opportunities Assad agreed to solidify ties and demarcate westerners for fear of retaliation. It is trou- when Rafsanjani and Khatami were in power. their contentious border.’’ We discussed the bling that one year ago, I was able to have a AUSTRIA October 15, 2008 agreement signed by Syrian dinner with Syrian citizens and have a meet- We departed Damascus on December 31st Foreign Minister Walid al-Mouallem and his ing with Riad Seif, and twelve months later, for Vienna, Austria. The United States has Lebanese counterpart, Fawzi Salloukh, Seif is in jail and others did not feel com- three missions in Vienna: the bilateral mis- which formalized diplomatic ties between fortable meeting with me. sion to the Republic of Austria, the mission Syria and Lebanon for the first time since On the issue of political prisoners, it was to the Organization for Security and Co- apparent that there had been an even greater the two nations gained independence, Leb- operation in Europe (OSCE) and the mission crackdown. In October, Syria sentenced 12 anon in 1943 and Syria in 1946. Syria has to the United Nations. During my stop in Vi- prominent ‘dissidents’ to 21⁄2 years for calling pledged to provide an ambassador by the end enna, I called on all three U.S. Ambassadors for democratic reforms and an end to the of 2008, however one had not yet been sent. stationed in Vienna. Baath Party’s monopoly on power. The so- He stated that their mission in Lebanon had After arriving in Vienna, Ambassador called dissidents are part of the Damascus been established and staffed with diplomats David Girard-diCarlo hosted me for dinner. Declaration National Council and are among and that they are deciding on whom to send He briefed me on the mission’s dealings with Syria’s leading intellectuals and opposition to lead the embassy. the Austrian government and some of the figures. On Hamas and Hezbollah, Assad suggested views and issues of broader Europe. We dis- According to the U.S. State Department’s cussed how the financial crises has impacted that a comprehensive peace would resolve March 2008 report on Syria’s human rights Europe as well as the United States. I shared the issues associated with these organiza- practices: ‘‘Although the number of political with Ambassador Girard-diCarlo my recent tions. Despite reports to the contrary, Assad prisoners and detainees remained difficult to trip to Damascus and Israel and efforts to stated that Syria is not being used to funnel determine due to a continuing lack of offi- weapons to these groups. cial government information, various local have the United States more aggressively en- On Iran, the President said that Iran is an human rights groups estimated during the gage in the peace process in the region. influential player in the region and one that I have known Ambassador Girard-diCarlo year that a total of somewhere between ap- for many years. David is a graduate of St. has supported his efforts. This, combined proximately 1,500 and 3,000 current political Joseph’s University and Villanova Univer- with no support from the West, leaves him prisoners, including accused Islamists, re- sity School of Law. He served at Blank Rome no option but to have positive relations with mained in detention. Authorities refused to LLP for 16 years as managing partner and Tehran. However, he did indicate that Syria divulge information regarding numbers or CEO prior to becoming chairman in 2000, and has told Iran that it does not support a mili- names of people in detention on political or tary nuclear program in Iran should one be security-related charges.’’ he also served as chairman and CEO of Blank active. Since 2006 the government has tried some Rome Government Relations LLC, On the nuclear question, I expressed my new political detainees in criminal court, headquartered in Washington, DC. concern that the International Atomic En- and once convicted on political or security Ambassador Girard-diCarlo was Pennsyl- ergy Agency, IAEA, has not had sufficient related charges, they are treated like com- vania Governor Richard L. Thornburgh’s ap- access to Iran and Syria. He responded by mon prisoners. The government did not per- pointee to the Board of Directors of the saying that Iran is ready for inspectors but mit regular access to political prisoners or Southeastern Pennsylvania Transportation that the approach taken to engage Iran is detainees by local or international humani- Authority, SEPTA, from 1979–1982 and served viewed a political game. He indicated Iran is tarian organizations. Human rights groups as its chairman of the board. In 1981, he was open to inspections but the west must recog- reported that many political prisoners serv- elected as chairman of the American Public nize Iran’s right to enrich. Assad believed ing long-term sentences remained in prison Transit Association, APTA, for a 1-year the way to resolve this issue is through some after the expiration of their sentences. term. Ambassador Girard-diCarlo was ap- type of broad package. Nonetheless, you can- Following my meeting with the President, pointed by former President George Bush in not discuss the right to enrich with Iran, but Foreign Minister Walid al Muallem hosted 1990 to serve as a member of the board of the you can discuss monitoring. me for a working lunch. The Foreign Min- National Railroad Passenger Corporation, After indicating that a nuclear Iran would ister discussed the situation in Gaza as he AMTRAK, a position he held until 1993. not be tolerable and that I would like to see was preparing to depart the following day for In addition to Ambassador Girard-diCarlo’s this matter resolved diplomatically, Foreign a meeting of Arab countries. He indicated professional responsibilities, his experience Minister Walid al Muallem told President that 44 children and 80 women had been over the past 3 decades involved his active Assad of my work during the 1990s to prevent killed in Gaza as a result of Israel’s action. participation in the business and cultural or- and resolve conflict between Israel and I raised the issue of foreign fighters tra- ganizations within the communities in which Syria. versing through Syria. The Foreign Minister he lived and worked. He served in leadership I again brought up the fate of the missing said that Syria used to cooperate with the positions at the Greater Philadelphia Cham- Israeli soldiers: Gilad Shalit, Guy Hever and United States but that after the Hariri as- ber of Commerce, the Philadelphia Orchestra Ron Arad. I reiterated my interest in seeing sassination, and the souring of relations that and Academy of Music, the Walnut Street President Assad work to help secure the re- resulted, cooperation ceased. Muallem asked Theatre, The John F. Kennedy Center for the lease of Gilad Shalit, who has been held in why Syria should cooperate with the U.S. Performing Arts, and the Arizona Heart Gaza since June 25, 2006, and in determining when the U.S. sanctions Syria. He indicated Foundation—to mention a few. In 1999, he re- the fate of Guy Hever, the Israeli soldier who that Syria and Iraq have cooperated and ceived the Judge Learned Hand Human Rela- disappeared from the Golan Heights in Au- claimed that Syria had stopped 1,200 fight- tions Award from the American Jewish Com- gust 1997, and Ron Arad, the Israeli Air ers. mittee. He served on the board of Villanova

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.003 S12JAPT1 wwoods2 on PRODPC68 with SENATE S290 CONGRESSIONAL RECORD — SENATE January 12, 2009 University School of Law, from which he re- year. She indicated that the OSCE has had a sion. He said the relationship has improved ceived the Gerald Abraham Award for Distin- mission in the region since 1992 to aid civil since 2003 when the U.S. took military action guished Service in 2003. Also in 2003, Pope society, enhance education and address envi- against Iraq. John Paul II conferred upon him the Pontif- ronmental issues. When we left Washington, D.C., Yves ical Honor of Knight of the Order of St. Ambassador Finley and I discussed the bi- Leterme was the Prime Minister. When we Gregory the Great for his work with Busi- lateral relationship between the U.S. and landed in Belgium it was Herman Van ness Leaders Organized for Catholic Schools. Russia and how organizations like the OSCE Rompuy. On our day of arrival, Van Rompuy Established as an independent organization can better be used to address regional and received backing from the parliament by a under the United Nations in 1957, the Inter- international matters. As relations between vote of 88 to 45. Belgium like so many other national Atomic Energy Agency represents the U.S. and Russia are increasingly nations is facing an economic crisis to in- the realization of President Dwight Eisen- strained, Ambassador Finley pointed out clude recession and bank disintegration. hower’s ‘‘Atoms for Peace’’ speech to the that the OSCE could be a forum to positively Mr. Kiene discussed the recent political U.N. General Assembly in 1953. President Ei- engage Russia as this is the only regional se- changes that occurred in Belgium. He in- senhower proposed the creation of an inter- curity organization in which Russia is a full formed us that Belgium, while under the 2 national body to control and promote the and equal member. percent GDP spending NATO goal, is very use of atomic energy. Today, the IAEA is at We discussed U.S. policy more broadly and keen on enhancing their ability to con- the center of the ongoing standoff with Iran how diplomacy could be enhanced to pursue tribute to the alliance. We discussed how over its nuclear program. positive outcomes. Ambassador Finley con- Section 1206 ‘‘Global Train and Equip’’ funds On January 1, 2008, I met with Ambassador firmed my belief that dialogue is critical to could be used to reward and encourage Bel- Schulte, the United States Permanent Rep- addressing the challenges we face. gium as well as enhance forces outside resentative to the United Nations Office in We departed Austria the following morning NATO. Vienna, the International Atomic Energy for Belgium. Belgium played a key role in helping to ob- tain an EU-wide agreement on arrest war- Agency, and other international organiza- BELGIUM tions in Vienna. rants and in facilitating extradition of ter- Ambassador Schulte updated me on the We landed in Brussels, Belgium on January rorist suspects. A Brussels trial of al-Qaeda- IAEA’s efforts on Iran and their reported 2nd. I hosted a meeting with Charge Kate related defendants ended in September 2003 pursuit of a military nuclear capability. He Byrnes and Defense Advisor Randy Hoag. with sentences for 18 of the 23 accused, with expressed the mission’s desire to have Iran They briefed me on the major issues we are another 2004 terrorist-related trial resulting respond to directives provided by both the working with NATO: Afghanistan, reinvigo- in eight more guilty verdicts. Belgium oper- U.N. Security Council and the IAEA to sus- rating the alliance, dealing with Georgia and ates within UN and EU frameworks con- pend enrichment activities and allow inspec- Ukraine, the Balkans and emerging security cerning the freezing of terrorist assets, but tions. threats such as cyber attacks and piracy. has yet to develop a domestic legal frame- We discussed how Iran’s failure to declare Burden-sharing remains a concern as it work to act independently. In support of Op- its facility at Natanz has created a signifi- was when I began visiting NATO in the 1980s. eration Enduring Freedom, Belgium contrib- cant trust deficit not only in the United During my first visit to NATO in 1981, 3 per- uted a navy frigate in the Mediterranean, States, but internationally. The facility, cent GDP spending on defense was the goal Airborne Warning and Control (AWAC) crews combined with the revelation that Iran had for all member countries. Today, only five for surveillance flights over the United outside assistance from the A.Q. Khan net- nations spend more than 2 percent: the States, as well as aircraft for humanitarian work, which it previously denied, has com- United States, the United Kingdom, , assistance to Afghanistan. Since 2002, Bel- pounded the problem. Ambassador Schulte Greece and Turkey. This is a concern not gium has contributed ground troops to the stated that by violating the Non Prolifera- only from the standpoint of the Alliance’s International Security Assistance Force, tion Treaty, Iran has given up its rights health and ability to address issues, but also ISAF, the UN Security council sanctioned under the treaty. He further stated that from the perspective that some are carrying peacekeeping mission in Afghanistan. Bel- Iran’s claims that their efforts are geared to- more weight than others. gium currently has 420 troops assigned to the wards civilian purposes do not make sense The only time Article V has been invoked ISAF. from an economic or infrastructure capa- was following the September 11, 2001 attacks Mr. Kiene discussed the efforts of the Bel- bility perspective. on the United States. NATO declared that gian government to combat terrorism. On He was very interested in my recent stop this attack was indeed an attack on the alli- December 11, 2008, Belgian authorities ar- in Damascus and my dialogue with Syrian ance. Today, there are currently 70,000 rested 14 people suspected of Al Qaeda links. officials during my tenure. Ambassador troops in Afghanistan—51,000 are part of the The following day, six of the individuals Schulte briefed me on the IAEA’s response NATO-led International Security Assistance were charged with membership in a terrorist after the reported attack on Syrian infra- Force, ISAF. The U.S. provides 20,000 to group. The remaining eight were released structure. He said Syria still denies the facil- ISAF. There are concerns that some NATO due to insufficient evidence. As reported by ity was of a nuclear nature, but that the members are only providing civil or peace- the Christian Science Monitor, ‘‘According IAEA inspectors believe it was. He expressed keeping support for Afghanistan and are lim- to Belgian federal officials, at least some of concern that the international community iting what their militaries are permitted to the detained suspects had traveled to the must ensure that Syria, and other actors, do. Pakistan-Afghanistan border for training know that this type of behavior will not be We discussed the NATO-Russia relation- and were said to have been affiliated with tolerated and not forgotten. Ambassador ship with a focus on how expansion and mis- ‘‘important people’’ in Al Qaeda.’’ According Schulte revealed that Syria’s tactics in re- sile defense impact the relationship between to a December 12, 2008 Associated Press arti- sponding to the IAEA have a stark resem- NATO and Russia as well as the U.S. and cle, the six charged included one who may blance to the response Iran has shown. Russia. I was told that some member coun- have been plotting a suicide attack. While On the evening of January 1st, I spoke with tries view missile defense as provocative and Belgium faced with terrorism issues at IAEA Director General Mohammed El- as the alliance progresses that is something home, it is also contributing to NATO efforts Baradei, who I visited last year in Vienna. that will have to be considered. I was briefed in Afghanistan. He updated me on his efforts on Iran and on NATO missile defense as well as U.S. mis- On the afternoon of January 2nd, I hosted briefed me on the situation vis-a` -vis Syria. sile defense in Europe and the future of mis- General Craddock, Commander of the United We discussed how the U.S. and the Inter- sile defense on the continent. States European Command. We discussed Af- national Community may better address I was told that NATO still has an open ghanistan, the NATO-Russian dynamic, Iran and resolve the nuclear issue. door policy, codified in Article X of the char- NATO expansion, the EU–NATO relationship, While in Vienna, I hosted a meeting with ter, which states a nation may appeal for Kosovo, AFRICOM, and missile defense, Ambassador Julie Finley, the U.S. represent- membership provided it meets the require- among other topics. ative to the OSCE. ments and shares NATO values. I was briefed General Craddock reported that the gov- The OSCE is a major forum for issues of on the expansion opportunities with Albania ernment and civil society in Afghanistan peace, security and human rights in Europe and Croatia and the potential for nations have not come along fast enough to support and Central Asia. A legacy of the historic such as Georgia, Serbia, Macedonia and and rule the people of Afghanistan. He 1975 Helsinki accords, it is the only fully in- Ukraine to join the alliance. There is consid- briefed me on the challenges, from criminal clusive trans-Atlantic/European/Eurasian po- erable fatigue in Europe over expansion— to insurgency to corruption, faced in the var- litical organization. Every state from An- both at the NATO and EU level. While NATO ious regions of Afghanistan. We discussed dorra to Kyrgyzstan is represented among its has 26 members and the EU has 27, only 18 how the money from narcotics are fueling 56 participating States. Over more than 30 members are party to both structures. There those opposed to the U.S. and coalition years, commitments to democracy, rule of are some EU countries which, while not forces. General Craddock cited a UN report law, human rights, tolerance, pluralism and party to NATO, do support the alliance and which indicates as much as $500 million in media freedoms were hammered out at the its efforts—namely Sweden, Finland, Ireland revenue from the drug trade is supporting OSCE and its predecessor mechanisms—and and Austria. those opposed to our objectives. agreed to by all the participating states. We then had the opportunity to discuss the General Craddock confirmed the reports Ambassador Finley briefed me on her view U.S.-Belgian bilateral relationship with Rob- that fighters are moving back and forth be- of the Georgian-Russian conflict earlier this ert Kiene, our First Secretary to the mis- tween Afghanistan and Pakistan and that

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.006 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S291 the FATA region in Pakistan is hosting our Minister Jens Stoltenberg said on December The PRESIDING OFFICER. Without enemies. General Craddock indicated that if 19, 2008 that the stimulus package, ‘‘will in- objection, it is so ordered. tensions between India and Pakistan flare clude an ever greater increase in funding for Mr. COBURN. Mr. President, I ask up, especially as a result of the recent bomb- public works and construction, and mainte- unanimous consent that I be recog- ing, Pakistan may pull resources from their nance.’’ On the day of my arrival, a protest of an nized for what time I might consume. Western border to engage India to the east. The PRESIDING OFFICER. Without He estimates that Pakistan would need estimated 1,000 Norwegians was occurring in 50,000–100,000 additional troops on their west- front of Parliament and the Israeli embassy. objection, it is so ordered. ern border to improve the ability to engage The protestors, who had a similar gathering The Senator from Oklahoma is recog- enemies in the FATA region. Further, he last week, were expressing their opposition nized. stated that whatever forces Pakistan uses in to Israel’s actions in Gaza. While Norway Mr. COBURN. Mr. President, we had the west, they must remain there and hold was long a strong ally of Israel, the bilateral an interesting day yesterday. We the territory and prevent it from being re- relationship has soured since the Oslo Ac- brought a lot of people to work, I be- ceded to combatants. cords. lieve unnecessarily, to adopt a motion We discussed the proposal of an additional The following morning I met with Benson to proceed that we could have voted on 20,000 troops being deployed to support ef- Whitney, the U.S. Ambassador to Norway. today. forts in Afghanistan, but General Craddock We discussed our bilateral relationship, U.S. I want to spend some time today out- foreign policy, and our bilateral relationship indicated that these forces are contingent lining what our new, soon to be Presi- upon forces being drawn down in Iraq. This is with Russia and its impact globally. also true for allies, such as the UK, who may Following the meeting we departed for Ice- dent, President-elect Obama, said dur- be adding troops to Afghanistan. land. ing his campaign and what he said to General Craddock made it clear that the ICELAND me personally several times about how military cannot ‘‘win’’ Afghanistan. Rather, On January 4, 2009, we arrived in Rey- we fix what is wrong with our country. it can provide the right security conditions kjavik, Iceland, where we were met by Neil If you go to his Web site or what his for a civil government to stand up. The gov- Klopfenstein, our Deputy Chief of Mission. transition team has said, what you will ernment in Afghanistan needs to remove cor- The following morning I met with Prime find are some very significant things ruption, establish reliable police forces capa- Minister Geir Haarde. Prime Minister that both he and I have worked on over ble of providing public safety, create jobs Haarde graduated from Brandeis University and provide services such as clean drinking the past 4 years. and earned two master’s degrees from Johns He has a plan. It is called the Obama water. He predicted that a presence will be Hopkins University. We discussed a broad needed in Afghanistan for the next 30–40 range of topics: Energy; the recent financial plan for restoring fiscal discipline. It is years. crisis and its impacts on the U.S. and Ice- a good plan. What does it include? It On Iran, General Craddock stated that Iran land; the situation in Afghanistan; and our includes conducting an exhaustive line- does not want to see the Taliban come back relations with Russia. by-line review of Federal spending and to power, but that they do desire the U.S. to Following the collapse of Iceland’s three eliminating Government programs that remain tied down in the region. Iran’s east- main banks in October 2008, Iceland was cast are not performing or are wasteful or ern border with Afghanistan remains a major into financial turmoil. A December 13, 2008 are obsolete or are duplicative, paying transshipment point for drugs, weapons and article in The Economist makes clear the for new spending commitments—new oil. magnitude of the problem: ‘‘[T]he scale of General Craddock is dual hatted in Brus- what confronts . . . Icelanders is only just spending commitments—by cutting sels, as he heads NATO and the U.S. Euro- becoming clear. According to the [Inter- other programs—let me say that pean Command. On the latter, he presented national Monetary Fund], the failure of the again—paying for new spending com- three challenges moving forward: (1) Con- banks may cost taxpayers more than 80 per- mitments by cutting other programs, vincing allies to better assist and engage in cent of GDP. Relative to the economy’s size, slashing porkbarrel spending, rooting regional and international problems; (2) de- that would be about 20 times what the Swed- out redundancy, and requiring all Fed- fine a national strategy vis-a` -vis Russia; and ish Government paid to rescue its banks in eral contracts over $25,000, including (3) resolve European missile defense issues. the early 1990s. It would be several times the earmarks, to be competitively bid, to NORWAY cost of Japan’s banking crisis a decade ago.’’ truly measure program performance According to the IMF, Iceland’s GDP is ex- On January 3rd, we arrive in Oslo, Norway. without ideologic slant, and enforcing The last time I visited Norway was in 1994 pected to contract by nearly 10 percent in calendar year 2009. goals and demanding that new initia- during a meeting of the North Atlantic As- tives be selected on the basis of merit, sembly. This time, I met with representa- The Prime Minister was practical in terms tives from our mission, Deputy Chief of Mis- of the outlook for 2009 but was optimistic not a political process that rewards sion Kevin Johnson and defense attache´ Don that Iceland would see a turnaround in 2010. lobbyists and campaign donors and Kepley. He indicated that Iceland has agreed to fi- makes Members of Congress just look I was briefed on the U.S.-Norwegian rela- nancing from the International Monetary good at home. tionship and some of the difficulties we have Fund. The Prime Minister and I shared what That is President-elect Obama. I had this decade over foreign policy disputes, each of our respective countries were looking don’t know anybody outside of Wash- such as Iraq and our approach to Afghani- to do in the form of economic stimulus. Prime Minister Haarde thanked me for my ington who would not embrace that stan. I was briefed on the status of Norway’s work on the judiciary committee and our ef- message. That is a great message for decision to buy Lockheed Martin F–35 Joint forts to ensure businessmen have visas which our country. It is a message that our Strike Fighters and the current political sit- permit them the freedom to work and meet country needs to heed. It is one that we uation in the country. Norway, like the U.S., in the United States. Citing his personal ex- has a significant global presence and has a need to accomplish. Unfortunately, the perience during his 6 years as a student in history of being active on many foreign pol- first week we are back in session, we the United States, Prime Minister Haarde icy fronts from Middle East peace to Sri are doing exactly the opposite. Here we asked that we do more to ensure those who Lanka. have President-elect Obama who next wish to study in the U.S. have the oppor- Norway is a member of NATO and is con- tunity. I concurred and feel that it is in our week will become President Obama, tributing to the mission in Afghanistan. interest to have foreigners, and potential fu- and one of his main goals we are work- They currently have 500 troops deployed ture foreign leaders, spend time and be edu- ing to undermine in the Senate today. which, while not large by number, is signifi- cated in the United States. I am going to be an ally of the Presi- cant given their population. In addition to We returned to the United States on Janu- dent-elect on these issues. Every oppor- military support, Norway has contributed ary 5, 2009. senior diplomats and significant aid to assist tunity when we are not doing what he in the building of Afghanistan. Mr. SPECTER. Mr. President, I know suggested we be doing, I am going to be We discussed the Norwegian Government’s Senator COBURN is near the floor and raising questions about it. We are plans to fight the global economic crisis. should be appearing shortly. But until going to work hard for the hope and While its large sovereign wealth fund lost a he does, I suggest the absence of a change he promised the American peo- significant amount of money in the stock quorum. ple he would deliver. market, especially after the fall of Lehman The PRESIDING OFFICER. The We have before us a lands package. It Brothers, Norway is expected to do better clerk will call the roll. is not really a lands package. It has all than other Nordic and European nations dur- sorts of stuff in it—165 bills. Initially, ing the economic downturn. Norway, which The legislative clerk proceeded to the CIA estimates has the world’s 21st larg- call the roll. it spends $1 billion, but that is not even est oil reserves, will tap into some of its Mr. COBURN. Mr. President, I ask honest because after 10 years it spends saved oil wealth to provide the country with unanimous consent that the order for $2 billion to $3 billion more on one pro- an economic stimulus. Norwegian Prime the quorum call be rescinded. gram alone. CBO has not even scored

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.008 S12JAPT1 wwoods2 on PRODPC68 with SENATE S292 CONGRESSIONAL RECORD — SENATE January 12, 2009 this new package. The last package on amendments are easily obtained, There is $12 million in the bill to they scored, if appropriated, would be and limitation on amendments are build a new facility in Maryland for or- $8 billion. So we have $10 billion to $12 most often very easily obtained. chids for the Smithsonian. We may billion in new spending. So the fact is we find ourselves on a need to do that, but we certainly don’t The opportunity to offer amendments $12 billion bill that has lots of good need to do that right now. That is a on that has been foreclosed. things in it and has lots of mediocre luxury item. Every family in this coun- So I thought, in light of what this things that probably would be a pri- try today is making a reassessment be- bill is and in light of what President ority if we didn’t find ourselves with a cause everybody is afraid, and they are Obama said he would like to see us do, $1.8 trillion deficit this year and get- going through their budgets and say- that I would highlight some of the ting ready to pass an $800 billion stim- ing: What is necessary? What is excess? amendments I would have offered had ulus package that is about $2,700 per What can we do without? Should we be the minority, the Republican Party, man, woman, and child in this country, putting money away in case X hap- the Republican Members of the Senate, or about $10,000 per family, none of pens? Everybody in the country is been given an opportunity to amend which is going to be paid for—none of doing that except the Congress. So here this bill. which is going to be paid for. It will ul- we have a new orchid building, costing The best tradition of the Senate—the timately be paid for, and here is how it $12 or $14 million, I don’t remember ex- best tradition of the Senate—is where will be paid for. When we look toward actly which, that we are going to put the best ideas get debated, the back our grandchildren, what we are going in this bill, and we are going to say and forth goes on, and then we settle to find is that not so many of them get this is a priority. on what is almost always a com- to go to college because they will not Now, some will say: Well, we might promise but a compromise that is thor- be able to afford to. When we look to- not appropriate it. We appropriate $300 oughly debated and where an indi- ward them owning a home, regardless billion a year for things that are not vidual Senator has to put their stamp of the housing crisis we find ourselves authorized anyway, and most of those of yea or nay on ideas to either make in now, 30 years from now the ability things are not priority as well. But the it better or not. That is not available to earn an income big enough to be fact is, it is a clue to the American in this bill. As a matter of fact, it able to afford a mortgage is going to be public that we don’t get it; that in this hasn’t been available for 124 days. It limited because we have been poor time of significant economic downturn, has been available once to Republican stewards with their taxpayer money. in this time of significant debt laying So we will have shackled our grand- Members of the Senate in 184 days. on to the next generations, we con- So if we are to accomplish, or at children. tinue to want to do things the average So let me spend a minute talking least move in the direction that our person of common sense would say: about eliminating wasteful programs, soon-to-be President would like for us How can that be a priority? Well, it or things that are not a priority, and can’t. to, one of the things that is going to be go over a couple of the amendments we required for that is taking tough votes. There is $5 million in here for new were going to offer simply to point out botanical gardens in Hawaii and Flor- The idea we don’t want our Members to that we are doing the opposite of what have to take tough votes is the height ida. I don’t doubt that could be a great I believe the intent of our new Presi- thing that we could do. No. 1, I would of inside political baseball and it dent is going to be. I might also add, it wreaks of a lack of courage. As a Sen- ask the question again: Why isn’t that wasn’t that long ago that all of us were a State responsibility instead of a Fed- ator from Oklahoma, if I can’t go home paying $4 for a gallon of gasoline. eral responsibility? If the State of and defend my votes in a cogent and There is no question in my mind that a Florida and the State of Hawaii think reasonable manner, I shouldn’t be sent good portion of that price was because that is a priority, they ought to fund back up here. That is all there is to it. of speculation of the very rich in this it. No. 2, if it is our priority, if it is our If Oklahoma citizens believe I have not country asking the very poor to pay responsibility, is that something we stood on the principles of which I told out of their disposable income while should be funding now; that we should them I would try to represent them in they made millions upon billions of be authorizing; we should be saying it this body, they should not send me dollars manipulating the futures mar- is okay to do this? back to the Senate. But to not have kets. But nevertheless, in this bill, we We are in perilous times. Yet we act the votes in the first place, so we don’t are putting a patch over our eye and like nothing is going on out there; that have to defend anything, goes against limiting our ability in the future to in- the average family isn’t getting hit not just the culture of the Senate but crease our energy independence by tak- hard, that people aren’t worried about it goes against the very courage that ing millions of acres of land and for- their jobs; that 573,000 people didn’t this whole country was based upon and ever closing them to any source of en- lose their jobs last month. That is how that is the freedom to express and ergy. It would not matter what any we are behaving. work and try to accomplish what you new technology might be, and it would One of the other amendments we think is best for the country in the not matter if we could do it totally would have offered is to prohibit the long run. without any environmental impact, we use of eminent domain both in the na- One of the great qualities of our are closing that completely off. tional trails, the wilderness areas, the country is this freedom to get out and That set aside, one of the amend- new heritage areas, and the new na- express. Until recently, that freedom ments we were going to offer in this tional parks area. It is one thing for has been available in the Senate. But bill was to strike $3.5 million to go to the Government to have its land; it is this didn’t start with . It the city of St. Augustine, FL. Now, you totally different for it, through the goes all the way back to George Mitch- might ask, what for? Well, they are force of law, to take your land away ell and and Bill Frist. It has going to have a birthday party in 6 from you and tell you what they are been perfected under our current ma- years to recognize the 450th year of St. going to do with it. There is minimal jority leader. My thought would be Augustine’s existence, the longest Co- prohibition in this bill for the protec- that maybe we ought to take the hard lonial outpost on this continent. I tion of property rights in this coun- votes rather than ruin the institution. would say maybe that might be a St. try—a fundamental freedom guaran- Maybe we ought to do what the Amer- Augustine, FL, responsibility or maybe teed to every American. This bill steps ican people would expect us to do. the State of Florida, but when we are all over those property rights. Now, my intent has never been, in all running a deficit in this country of We offered a total of 13 amendments, my proceedings on the floor, to extend $20,000 per family per year, it seems lu- and we would have probably accepted 5 debate. I mean, I think I could accom- dicrous to me that we would send $3.5 or 6, with less than an hour debate on plish a filibuster if I wanted to do that. million for a party. How does that set each one of them. We could have been Having delivered 4,000 babies, I know with priorities? How does that set with finished with this bill. We could have how to stay up all night. My goal is to eliminating wasteful spending? It accomplished it last Thursday or Fri- have the opportunity to do amend- doesn’t. Yet it is in here, and we don’t day. But because we don’t want to have ments and to have a vote on them. As have the opportunity to try to take it to take tough votes or we want to pro- most people know, agreements to time out. tect a Member from a vote on some

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How should they feel, I it is a terrible day for this country be- of Pennsylvania Avenue. ask you, that the U.S. Government is cause we are saying that, even though I yield the floor and suggest the ab- now providing $100 billion-plus to their we have great hope and promise of sence of a quorum. competitors? What about the banks change by an incoming President, his The PRESIDING OFFICER. The who did things right and were cautious own party is going to step on that—the clerk will call the roll. and managed their money well? How careerists, the people who think politi- The legislative clerk proceeded to should they feel about the Government cally only, the people who think short call the roll. injecting capital into their competitors term only about political gain, instead Mr. SESSIONS. Madam President, I by buying stock? of thinking about what is in the best ask unanimous consent that the order And what about those of us who are long-term interests of our country. for the quorum call be rescinded. not of the socialist bend? What should It is interesting to know we have 108 The PRESIDING OFFICER (Ms. we think about the idea of the U.S. million acres of wilderness in this STABENOW). Without objection, it is so Government buying stock in a mul- country right now—more than any- ordered. titude of banks, at tens of billions of where else in the world. That number TARP dollars, and now buying and investing is actually greater than the amount of Mr. SESSIONS. Mr. President, I ap- in automobile companies? Someone developed land we have in this country, preciate the opportunity of sharing said the newspapers are next. Well, I which is 106 million acres. It is also in- some thoughts this afternoon. We are guess they are in trouble. They are not teresting to know the Government al- going to be moving forward, presum- doing well financially. They can write ready owns 653 million acres, and we ably even this week, with the second a lot of editorials. I mean, maybe we are going to take, at a minimum, an- tranche. That is the second portion of ought to make them happy and give other 2.2 million acres and totally wall $350 billion of the Wall Street bailout, them money. What I am saying is, it off—can’t ride a dirt bike through it, the TARP money. where does it end? minimal access, can’t hunt on it, can’t And we will have that coming up, and Out of that background, I want to do the things you have always done. If there will be an attempt to move that have a little discussion of the possi- you happen to be unfortunate enough through. I have believed from the be- bility of a stimulus bill that would add to have property next to it, you fall ginning that it was unwise for this some $800 billion to the current level of peril to having the National Park Serv- Congress to allow one individual, the deficit spending we already have. $800 ice fund organizations that are going Secretary of Treasury, to disburse $700 billion. to take your property rights away, to billion. The way this is set up, and There is no doubt that our economy limit your ability on the land you have even with the way the votes might is not performing well. We know that that is abutting these areas. occur in Congress, is very troubling. economies historically are cyclical; As we come into next week, we ap- The whole $700 billion will be spent by they go through good times and bad proach the celebration of a very great the two Secretaries of Treasury, with- times. They normally respond. We are milestone in our country, something out any real accountability, without that speaks volumes about the Amer- clearly going through a very difficult any real responsibility. ican system: the installment and recessionary period. The unemploy- I think Congress is beginning to see swearing in of the first African-Amer- ment rate is increasing, and businesses the lack of wisdom that we displayed, ican President, one who leads on these are struggling. We had a hearing before the lack of fidelity to the responsibil- issues while we in the Senate say we the Budget Committee last Thursday. ities of the Senate, when we passed are going to keep doing it the way we The Director of the Congressional that bill with so little control. We do have been doing it regardless of the Budget Office testified, and he pre- not even know where the money is tremendous hope that he brought to dicted that this would be a 2-year re- going, and whether Secretary Paulson, the American people, the hope for cession. Someone later asked him: who is a Wall Street guru, is moving change, that we would operate dif- Well, did that include the stimulus ferently. We hope he will lead a Gov- money around among friends for package? And he said, no. ernment that operates differently—and friendship reasons, or meritorious rea- Well, would the stimulus package I believe he will try. He is a very dear sons, or even if he can tell in this rush- help? Spending another $800 billion, friend of mine. I believe he is going to rush effort to put out money, who is would that help? He said: Well, it try to do that as here we sit in the Sen- deserving and who is not deserving. It might. That is a little less than a ring- ate, worrying about the political con- is not being done in an open and trans- ing endorsement. He did not say that if sequences of taking a few votes on parent way. we did not pass this bill the economy amendments because we might not It is an indication and further proof would never recover and we would con- look good enough at home. that we in the Senate and the Congress tinue on a downward spiral forever. So Talk about the lack of courage; talk were not rigorous enough when we I would say that. about the decline that will be mani- passed it. I would add one more thing But I do think the Government can fested in our country if we continue to about that. It is something we ought play a positive role in helping to short- have leadership that operates on the not to forget. I hoped not to bring it en the length of the recession that we basis of fear instead of courage. up, but Secretary Paulson announced are in. My challenge and my hope is that that he was going to buy toxic mort- There are some things I am prepared this is the last time we are going to see gages, bad mortgages from banks, in to discuss and see if we can agree on. I this tactic brought forward in the Sen- order to get those off their books. He know President-elect Obama feels very ate. My pledge to the majority leader said that most of them would be good strongly about this. He has been out is I will not delay anything if I get an and eventually they could be sold for a campaigning, and he made promises to opportunity to amend it. But if I get no profit and the taxpayers would not lose do all he could to recover this econ- opportunity to amend it, I will delay any money, and that would be the way omy. He intends to do something, and everything because the lack of an op- we would do this. he promised to do something. He is portunity to amend says that over half Well, within a week—and he was spe- going to do something. of the people in this country, the 160 cifically asked at one hearing if he Now, President Bush has already million who are represented by my side thought we should buy stock in private done some things that I also did not of the aisle, have no voice in the mat- banks, and he said, no. Within a week approve of. Doing something can be ter. It says, if we don’t get it, our voice or so, he had already changed his mind good. But doing something may not be doesn’t count. on that. Instead of buying toxic mort- so good if you do the wrong things. So I look forward with great hope to the gages, he was now going to buy stock I am aware that the new administra- leadership we are going to see at the in private American companies. And, tion wants our country to prosper, and

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.028 S12JAPT1 wwoods2 on PRODPC68 with SENATE S294 CONGRESSIONAL RECORD — SENATE January 12, 2009 so do I. If there are reasonable, com- show this chart in a minute that sort to borrow their money—that is what monsense steps we can take to do that, of dramatizes where we are. borrowing money is, you borrow it I say let us do so without delay. So I would say both parties have from somebody or some country, and But I want to share some thoughts some fingerprints on some policies that they are not going to give the money with you about the fundamental truths have not been very helpful. We did not for nothing—you have to pay them in- that I think all of us in this country ask enough tough questions when terest. Every bit of it will have to be know, and especially the area where I President Bush proposed his agenda, paid back. Every American over the come from. One of them is that there is and we also did not ask enough ques- years, for generations to come, will no free lunch. Nobody can get a lunch tions when they passed the $700 billion have to sacrifice to pay off the debt we and say someone did not have to work bailout in October, in my opinion. I incur today. to put it on the table. There is nothing hope we do not make the mistake The United States is, indeed, deeply free. When something is given, some- again of rushing to approve the second in debt already, about $10.6 trillion. My body pays for it. phase of that along with this $800 bil- generation probably will not be the one There is another thing that is a tru- lion stimulus package. to pay most of that back, nor will even ism: one way or the other, debts have We need to ask the right questions. our children. It will probably be our to be repaid. We should not be intimidated by it. We You say: Well, you know, sometimes grandchildren who will begin to feel should not be panicked. The bill does the heavy burden of this debt. We people go bankrupt, you do not get not have to be passed in 1 day, or else paid back. But the whole system is should consider that. the country is going to be permanently Then I will ask this question: What damaged when debts are not paid back. damaged. We need to try to improve The next guy may have to pay higher impact will the Obama plan have on the economy without wasting money the Federal deficit and the national interest rates because his neighbor did or creating long-term problems for the not pay his debts and the bank lost debt? This spending program, virtually Nation. all of it, will increase the deficit, which money and the bank has got to charge So there is this effort to continue is the difference between the money higher interest rates to account for what Secretary Paulson promoted, a the Government takes in each year and that higher risk. rhetoric that says we have got to do what we spend. We spend more than we So there are costs out there, and something and we have got to do it in take in, so we have a deficit right now. nothing is free in this country. I wish a hurry. We have got to do it now. We To fund that deficit, we borrow money. to focus on this question first. What is are still hearing that. Well, I think we Each year we have been running a def- the best thing we can do for America in don’t need to be afraid to say, let’s the long run? What should we, the re- icit, and each year the deficit gets slow this down a little bit. sponsible Senate, where we’re supposed When something of such historic pro- added to the total national debt. One to be the saucer that cools, what portions is on the table, a bill of this might ask: How do these deficits and should we do and how should we ap- magnitude, the Senate has a responsi- debts affect me? Well, when politicians proach this issue? bility to carefully scrutinize it and to are responsible and deficits are kept Let’s be frank. The stimulus bill, the insist on accountability and responsi- small as a percentage of the gross do- recovery bill as some are calling it bility of every single dime. That is why mestic product, we probably don’t no- now, may well provide some stimulus we exist. That is why taxpayers send us tice the impact. Interest rates remain to the country. I am not sure. But I here. Someone has to ask the tough low, and debt payments are easier to would say this: at its face, it is a make. But when we have a sustained spending bill. It spends money in order questions. I do not want to dampen anybody’s spirits. We have a wonderful and systemic habit of growing deficits, to create projects that might create the United States becomes a riskier in- jobs, and this is the theory behind the new President. He has a positive atti- tude. He is proposing a lot of things vestment for people who might like to effort to stimulate the economy. loan us money. Interest rates will go We spend the money to try to create and nobody wants to ask a lot of grim questions. up, and more debt at higher interest jobs. So it relies on the theory that rates means the taxpayers have to pay ramping up government spending will I am going to ask a few, though, be- cause it is my duty to do so. First, how a larger percentage of GDP towards in- flood the country with money, $800 bil- terest on the debt. The most likely way lion worth, acting like a booster shot big is this plan? How much will it cost? We have heard some general numbers. those high payments would be met is for a sick economy. by a tax hike. I am not sure that is the This is not a new theory. It has been It has been stated, although we still haven’t seen any details, that it might most likely, but one way those higher tried before all over the world. Many interest payments and higher debt pay- economists say this type of spending- be between $800 billion and $1.3 trillion, which is one thousand three hundred ments will have to be paid back might stimulus simply does not work. They be a tax hike. have cited examples of it throughout billion dollars. That is a lot of money. history. It would be the single largest Govern- In 2004, President Bush was criticized President Bush tried it in February ment expenditure of all time. Consider because, under his tenure after 9/11, last year, less than a year ago, when he the enormity of a trillion dollars. It is after the economic slowdown, he had a began the process to send out a $600 the equivalent of paying for the Ko- big stimulus package, and it led to a check. I think there is a general con- rean, Vietnam, and Persian Gulf wars deficit of $412 billion. He was savaged sensus now that the plan that was sold at once. for a $412 billion deficit. I thought he to Congress as a stimulus for the econ- Then, my next question is: Where did deserve criticism for that. Al- omy did not have the desired effect. will the $800 billion to $1.3 trillion though it is not well known to most I wish it were not so. I wish it had. I come from? Where will we get it? Americans, some work was done in the would point out that I did not think at As I indicated, we are in a deficit next years to bring that deficit down. the time that it would work. I did not now. So we are talking about spending By 2007, it was down to $160 billion, a vote for it. There were not many of us another $800-plus billion. Where does it lot better than $412 billion. That who did not vote for it, but I was one come from? We will have to borrow amounted to 1.2 percent of the gross of the few. But it did not work, in my every single penny of it from whomever domestic product. opinion. It cost $168 billion. Every will lend us the money, private inves- This chart reflects that. We had a penny of that $168 billion, since we tors or foreign countries. We have been $413 billion deficit in 2004. This was the were in a deficit and it was new spend- depending, frankly, too much on for- largest deficit since World War II. ing on top of what we planned to spend, eign countries. We didn’t budget for President Bush was roundly criticized and we knew we were there, is a deficit this $800 billion. We don’t have any for it. A lot of people felt strongly added to the deficit. As a result, it ba- money in the bank that we can get and about it. The next year the deficit sically, in one piece of legislation, dou- pay for it. We don’t have any savings dropped to $318 billion; the next year, bled the annual deficit last year. we can draw on. All $1 trillion will it was 248. The year before last, 2007, it Then we had some more spending have to be borrowed. Since loans have dropped to $161 billion. We were head- that went on later on in the year. I will to be repaid and you have to pay people ing in the right direction.

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.030 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S295 Then we had the economic slowdown. are other things we extend each year. grams. That is on a separate account- Those things have a number of dif- It does not include extensions of the ability factor. But just on the Defense ferent ramifications, one of which is, current Bush tax cuts which would ex- Department, Homeland Security, our when the economy slows down, people pire in 2010. He is not projecting they salaries, highways, everything we don’t make as much money, so they will be extended, but some of them, I spend money on—our interest on the don’t pay as much taxes. So we lost am sure, will be. Those numbers are debt would be that high. It is not a lit- about $200 billion; we expect to lose correct, technically, but in reality they tle bitty matter. It is a big deal. about $166 billion in revenue this year, are going to be larger, in all prob- The Congressional Budget Office pre- according to the CBO, as a result of the ability. dicts that by 2019, the share of Federal slowdown. But last year, including the This deficit, almost $1.8 trillion, expenditures allocated to debt pay- $160 billion stimulus package, sending amounts to 8.3 percent of the entire ments will increase from 6 percent to out checks, the deficit jumped to $455 value of the American economy, the 13 percent of the entire economy. That billion, the highest we have had since gross domestic product. That would be does not include the stimulus plan the World War II as a percentage of the the highest in real dollar numbers President will be sending to us. gross domestic product. That is a huge maybe ever. As a percentage of the So the next question. A trillion dol- number. economy, it is the highest since we lars is a staggering sum of money to We had a hearing last Thursday with were in a life-and-death struggle in borrow and pay back with interest. the Congressional Budget Office Acting World War II, with millions of soldiers How do we know it will be spent in the Director. A longtime professional budg- deployed all over the world putting most efficient way to jump-start our eteer by the name of Mr. Sunshine did their lives on the line for this country. economy and get the most productivity a fabulous job, but his remarks weren’t We were building airplanes and ships for the taxpayers? so bright and encouraging. The Con- and with all the capacity this Well, the truth is, we do not. We gressional Budget Office projects that Nation had. know this proposal will have two com- even without any stimulus package, Today Mr. Sunshine told us the debt ponents. The so-called tax credits and under current law, the deficit this fis- payment we are paying each year out direct spending. Now, I have to tell cal year, the one we are already in—we of tax receipts is $200 billion just to you, a good bit of this tax cut is tem- passed the first quarter of it, and it pay the interest on the money we al- porary and a good bit of it is a sales ends on September 30 of this year—will ready owe. Let me say a little bit job. Tax cuts, tax credit: What does be $1.2 trillion. Remember, last year it about that. Interest rates are oddly at that mean? Well, some say 40 percent was $455 billion, the highest ever. This a very low rate today. It is inevitable, of that will go to people who do not year we are looking at $1.2 trillion. though, that people will stop loaning pay taxes. So how do you get a tax cut Senator CONRAD, chairman of the money to anybody, the U.S. Govern- if you do not pay taxes? The Govern- Budget Committee and a Democratic ment or anybody else, for 1 or 2 per- ment sends you a check from the leader in the Senate, a good American, cent. They are going to demand higher Treasury just as they did last spring. called that number jaw dropping. What interest rates. That is what is going to They got $600. So you get a check from else can one say? happen. Uncle Sam that is supposed to stimu- That does not even include the stim- The CBO predicts that interest rate late things and somehow help the econ- ulus package. If we add the numbers as amount will balloon in a few years to omy. proposed in the stimulus package, ac- $450 billion a year annually. So the The Congressional Budget Office, cording to Mr. Sunshine, that will Congressional Budget Office says, as a really under the supervision of the reach almost $1.8 trillion. So we are result of our profligate spending and Congress—and the Congress is under talking about a deficit more than three huge deficits, we now are heading in a the control of our Democratic col- times the largest amount ever. It may few years to a point where we will be leagues; they have the majority now— sound fine as a businessman. I heard spending $450 billion a year only on in- the CBO rightfully scores these provi- today a very prominent American busi- terest. I ask, how big is $450 billion? sions not as a tax cut but as direct nessman on Joe Scarborough’s show. I will give a couple examples to pro- spending. What else can it be? It is a They asked him about spending and vide perspectives that are fair to con- direct spending of taxpayers’ money to the deficit. He said: Well, we have to do sider. The 5 years of the Iraq war cost send individuals a check to make them it. They asked: Isn’t this going to cre- $500 billion. We are creating a perma- happier for the short term. What kind ate financial problems in the future? nent interest rate payment every year of long-term impact will there be on And the only answer he could give was: that will have to be paid by our chil- them, their children, and the economy Well, we will worry about that later. dren, by our constituents. Our con- in the years to come? What will this I think it is a little late to worry stituents today will be paying $450 bil- unwise prospect create? about spending an extra $800 billion. It lion every year, just on interest, be- The Wall Street Journal has pointed is a little late to worry about it later. cause we had to spend so much today out many of these ideas are temporary We need to worry about it when we, the and last year for responses to crises I and that temporary tax cuts do not re- entity responsible for appropriating am not sure justified this kind of sult in positive economic behavior. But money, are deciding how much to ap- spending. a more permanent change, when people propriate and for what purpose. We I certainly think many of our pro- know it is permanent, does have more ought to be thinking about it now, be- grams deserve to be reformed, elimi- of an impact in helping our economy. fore we vote. This includes some of the nated, or increased in efficiency, and a Permanent tax relief, including—I expenditures for the TARP that they lot of savings could occur. We have not have to say, please, do not think this is project. That is the $700 billion bailout been doing that. All we have been a way to pander to big business. But and some other things, some of which doing is spending more and more, add- the corporate tax rate in America is are one-time expenditures. They ing to our debt. one of the highest in the world: 35 per- project next year the deficit will be Madam President, $450 billion is the cent. In Ireland, I think it is 11 per- $871 billion. It might look like we made equivalent, as I said, of the Iraq war. It cent. Most European nations—only one progress, but $871 billion is twice what is about one-third of the discretionary or two nations have as high a tax rate this number is, almost. The next year, spending for our country every year. on the corporate community, which 2011, it will $572 billion. My recollection is that our general gets passed on as a cost of doing busi- Those numbers still are not the full fund discretionary spending, including ness and makes those corporations less number because they do not include, the Department of Defense, is about competitive in the world marketplace. for example, about $40 billion a year for $1.5 trillion. I think that includes the We would be in a lot better shape if the alternative minimum tax fix and $200 billion or so for interest now. So we could reduce that in a more perma- several other things. So these are num- that number goes up to $450 billion. It nent way. Then those companies could bers based on existing law, and each would be about a third of that amount. see, well, I am saving on my corporate year we have not allowed the alter- We spend more on Social Security tax rate. I will not have to lay off as native minimum tax to go up. There and Medicare and entitlement pro- many people. I can keep this company

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.031 S12JAPT1 wwoods2 on PRODPC68 with SENATE S296 CONGRESSIONAL RECORD — SENATE January 12, 2009 going. Maybe we can invest and be gest chunk of it is going to get spent dent-elect Obama says he wants to give more competitive when we export be- on highways. Right? So $800 billion. everybody a tax break. Who is going to cause I do not have as much of a bur- Maybe $30 billion a year extra; so $60 raise taxes in any significant way? Oh, den on me, and it would help this econ- billion out of $800. So $740 billion. you can tax the rich and get a little omy. So I want to say many econo- Where is the rest of it going to be spent out of them when the economy is doing mists truly believe the corporate tax is to stimulate the economy, I ask? pretty good. When the economy goes not that, if reduced, would actually en- ‘‘Shovel ready’’ they say. I do not know down and the rich income drops dra- courage economic growth and create what that means. But I know you could matically, the country’s tax revenue more jobs. not start off in the next few months also drops dramatically. So I do not So we know that just rapid expendi- and triple the number of highways think we are going to get a lot of tures of huge amounts of money have built in America. There are not enough money from that. never been a very effective way to grow engineers. There is not enough heavy One way for it to happen and would the economy. Are these spending pro- equipment. There is not enough mate- be a result more pernicious than many grams—this $800 billion plus—is that rial to do that. If you were to even try, have thought about would be where we going to end cold turkey in 2 years? I it would drive up the cost, and so we would basically debase the currency. have doubts about it. I want to tell would spend a lot of money, a lot more. We would weaken the value of the dol- you, I have my doubts about the wis- We would make it much more expen- lar. So you borrow $100 billion from dom of our idea that we can jump-start sive per mile to build highways in somebody, and you pay them back $100 the economy by pumping $800 billion America. We have to be careful about billion, but you printed a lot more dol- into it. that. lars, so the dollars they get paid back So they are talking about—you have Well, they also talk about how there are less valuable than the ones they heard these numbers—well, we are is going to be more money in this bill gave you when you borrowed it. That is going to spend a good bit of money on for the automobile companies, and a pretty slick deal, isn’t it? That is the infrastructure. Everybody likes maybe a bailout for State govern- what you call inflation. There are huge highways. Everybody knows they are ments. They need more money too, ramifications from that kind of policy there for generations to come. High- don’t they? So why doesn’t the Federal that are very damaging to the long- ways and bridges have good things that Government—which sort of prints term health of America. We do not can be said about them and can make money—why don’t we bail out our good need to debase our currency. That is our lives better. There is always a line friends at the State level? Unemploy- why the price of gold jumped. People formed whenever there is highway ment insurance is going to need to be get scared the dollar is not going to be money with people wanting to build expanded. And some are talking about worth anything. more highways and more bridges. Cur- expanding broadband, and, of course, So I think the debate we are about to rently, the Federal Government, which hiring an additional 600,000 Govern- begin is really about individual respon- spends a lot of money on highways, ment employees. That is part of what sibility and governmental responsi- spends, according to Mr. Sunshine, is being discussed here. bility. We do need to resist the cries of around $40 billion a year on highways. As the Washington Post said, of many who have self-interests in this OK. States match it on a 20-percent course, many of these items were fea- stimulus package. basis; 80 percent Federal, States 20 per- tured in President-elect Barack I heard one prominent businessman cent. In some areas it is 90 percent Fed- Obama’s campaign pledges. There was make a speech recently. He said: We eral, 10 percent State. We use this a fine column by Mr. E. J. Dionne, who are going after this money. Well, if we matching mechanism to fund highway is openly a good, liberal columnist and put it out there, every business is construction in this country, and it has been a pro-Obama writer through- going to go after it and be happy to get amounts to $40 billion a year. out. Mr. Dionne said it has been rather it. So we have to be responsible. We We are talking about $300 billion in 2 fortunate for the Obama campaign that need to scrutinize it. We need to act in years? You take the $300 billion, and he can utilize—and I am paraphrasing the long-term interests of America. cut it in two, that is $150 billion each now, but I think this is close to the I believe Congress so far has not done year. So now we go from $40 billion a heart of what he said—it is very fortu- well in responding to the economic cri- year for highways to $150 billion? Well, nate for President-elect Obama that all sis we are going through. I think every- let’s say you only spend $100 billion on the spending he promised can now be body pretty well universally has agreed it. With $200 billion, that is $100 billion justified, and they can call it a bailout that the $160 billion send-out-the- more per year for highways, 21⁄2 times or a stimulus package and not just a checks program did not benefit the what we are currently spending. big spending program. economy. I heard a group of well- I would suggest those kinds of figures So I think we have to ask questions known economists recently agree that are unrealistic. When the chips are about that. Can we justify this? Fun- the first $350 billion—remember, the down, I doubt we are going to see any- damentally, every dollar we spend as entire Iraq war has cost us $500 bil- thing like that much money being allo- part of regular Government spending lion—that $350 billion in the first cated to highways because it cannot be programs or this stimulus program tranche of money that has gone out has spent. There are not enough asphalt should result in an effective return to not helped the economy. So I think we mixers, there are not enough concrete the taxpayers. We have no money to have to be careful. I hope Congress will mixers, there are not enough dump waste. We are in a time of unprece- not fail our constituents again, by trucks to actually spend that much dented, incredible deficits. We ought making sure that the fiscal illness we money. That is a fact. You cannot tri- not to waste a single dollar. Cannot we are living with now does not damage ple the amount of work. And if you do, all agree on that? our children. the bid per mile and the cost per mile Finally, my question would be, how I know people are hurting. I know is going to go way up. There is going to will we Americans pay the trillion dol- people are worried that their job might be a shortage dealing with everything lars back? There are three ways: cut- not exist in the months to come. If you in construction. ting spending in the future. I do not are working at the clothing store, I am We simply cannot throw money at hear anybody saying we need to be cut- not sure some of these jobs are going to road construction and infrastructure. ting spending, not on the majority side be that helpful to you. But at any rate, It has to be understood that since some here. We talk about education, health that is the kind of thing we are dealing of this is dropping off as a result of eco- care, highways, expanding the number with. People are worried. We are going nomic slowdowns, we can put that back of military personnel. All these things through a serious downturn. As the on, and maybe a little on top, and keep cost money. I do not see any realistic CBO expert told us, we are going to this thing going at a more healthy prospect we will see any huge reduc- come out of this in 2 years, in his opin- rate. That may be possible, and I am tion in spending, I have to tell you. ion—and he was firm about it—whether willing to discuss that. But we ought You could raise taxes. But I do not we did anything or not. He said a stim- not to sell the stimulus package that is like raising taxes. I have tried to op- ulus package might help. Another being discussed that somehow the big- pose that throughout my career. Presi- member of the panel said, well, it

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.041 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S297 should help, but neither one said it was Committee, of which the two Senators So, indeed, this Senator is here to critical to us coming out of the reces- from Florida are privileged to be ex- say: All hail, Florida, which comes sion. officio members, had conducted such a from the alma matur. All hail, Florida. So whatever we do, whatever monies magnificent event, had done it with This time, again, the Gators are the we spend—and I am not against every great aplomb and excellence, great hos- national champions. idea for stimulating the economy—let’s pitality to the two teams involved, to Madam President, I yield the floor, just be sure it is productive. Approving the university administrations, and it and I suggest the absence of a quorum. $1 trillion in deficit spending could do was all around a very positive experi- The PRESIDING OFFICER. The more harm than good if we don’t do it ence. clerk will call the roll. right. For the national champion Gators, I The assistant legislative clerk pro- It is time that we as a Nation stop wish to quote a couple of articles. ceeded to call the roll. living beyond our means. We need to From the columnist Greg Cote and the Ms. STABENOW. Mr. President, I ask get our house in order. We need to Miami Herald: unanimous consent that the order for know there is no free lunch; that debts The Gators flat-out won this game and this the quorum call be rescinded. will have to be repaid one way or the title, and all the more impressively because The PRESIDING OFFICER (Mr. other—raising taxes, cutting spending it was less by quarterback Tim Tebow’s SANDERS). Without objection, it is so in the future, debasing the currency. magic (though he was voted game MVP) than ordered. That is basically the way we can re- by his defense defusing the other team’s epic The Senator from Michigan. duce the debt, and those are the only offense. ECONOMIC STIMULUS ways we can. We are putting a burden Then I quote from the columnist of Ms. STABENOW. Mr. President, I to the future. I know some money in- the Gainesville Sun, Robbie Andreu: wish to take a few minutes this vested now might make a positive dif- The Florida Gators apparently were right evening to respond to some of the com- ference. Let’s talk about that and let’s after all. Oklahoma obviously had not seen a ments that we have been hearing from see what we can do. But the numbers defense like Florida’s this season. And Tim colleagues on the other side of the aisle being floated out and the rapidity with Tebow? There’s no way he is the fourth-best expressing great concern about the quarterback in the Big 12. With the defense spending of a recovery package for which the program is being proposed coming up with critical stops when it had to, creates in my mind a great danger that and with Tebow, Percy Harvin and the of- America, as we are talking about much of the money will not be stimula- fense generating points when the game was today. tive, as it has failed to be in the past, on the line, the Gators were clutch in the I find it quite extraordinary when I and that much of it will not produce second half and beat the Sooners 24–14 hear colleagues talking about object- the kind of tangible benefit to which Thursday night at Dolphin Stadium to give ing to spending Federal dollars right the taxpayers are entitled. Florida its third national championship, and now—Federal dollars that would add to Madam President, I thank the Chair, second in three years. the deficit—given where we have come and I yield the floor. Coach Meyer is quoted: from in the last 8 years. I find it quite The PRESIDING OFFICER. The Sen- This is one of the best teams in the history extraordinary. ator from Florida is recognized. of college football. I remember back when I was in the CONGRATULATING THE FLORIDA GATORS So we celebrate that. House of Representatives, serving with Mr. NELSON of Florida. Madam Now, since we are dealing with these the distinguished Presiding Officer, President, the task happily falls to weighty problems and here we are tak- when in 1997 we took some very tough some of us Senators each year in which ing up a stimulus bill—we are taking votes and did a lot of hard work under we can chronicle the success of the na- up this TARP legislation this week—it President Clinton. Actually, we bal- tional champion in college football. Of is good to have a little levity. Indeed, anced the budget for the first time in course, there were tens of millions of before this game, I went to the Senator 30 years. That put us on a course to Americans watching TV last Thursday from Oklahoma, Mr. COBURN, and I eliminate the deficit, to strengthen the night as the No. 1 and No. 2 teams said: Would you like to have a little country, to create the right kinds of ranked in the country in college foot- friendly wager? priorities for the American people. ball played for the BCS National Cham- What we decided was that the losing As a result of that action, in 2001, pionship. Of course, in that game, with team’s Senator would sing a song in when I came into the Senate as a new two high-powered offenses, the Univer- front of the winning Senator’s con- member of the Budget Committee, we sity of Florida Gators prevailed. stituents, and we agreed in advance were debating what to do with the big- I will be offering a resolution for the that the songs would be that I would gest surplus in American history, $5.7 Senate to pass to present to the Uni- sing ‘‘Oklahoma’’ if the Sooners won, trillion. How should we address the versity of Florida and to its coach and and Senator COBURN would sing ‘‘Rock- largest surplus we had seen in the Fed- to the team. They will be coming here et Man’’ by Elton John—a favorite of eral budget. At the time, the Demo- for the traditional visit to the White this Senator—if the Gators won. crats on the committee proposed that House to visit with the President later So next Wednesday, 2 days from now, we divide that surplus into three parts: on this year. I am joined—although the circa noontime, we are going to have a one, for tax cuts geared to the middle Senate rules prohibit Albert the Alli- gathering of Florida constituents for class; two, for investments to create gator from appearing on the floor of Senator COBURN and me. I suggested to jobs, invest in education, and future the Senate, and as my colleague, the Senator COBURN that I would even gra- opportunities; and three, to help Senator from Alabama, over there is ciously sing a few bars of ‘‘Oklahoma.’’ strengthen Social Security. That was giving the Gator chomp, the University Also, if he couldn’t follow the words— rejected. Instead, as we all know now, of Alabama rolling tide having been and we are going to play ‘‘Rocket a very large supply-side tax cut, trick- the victims of the Gator chomp in the Man’’ for him—if he couldn’t follow the le-down economics, was passed. My SEC championship game—I make note words, clearly we could sing a few bars constituents, in January 2009, are still that Albert the Alligator, the Univer- of the Florida alma matur, the Florida waiting for it to trickle down to their sity of Florida’s mascot, is safely fight song, ‘‘We Are The Boys From pockets. But that was put in place, ensconced back in the cloakroom since Old Florida.’’ which began a process that has now led the alligator is not allowed onto the It is good to have this levity. It is us to the highest deficits in the history floor of the Senate. But all of us are good to have a wholesome sport that is of the country in just 8 years. That was celebrating this tremendous victory. uniquely American that we can get en- coupled with a war that was not paid I also wish to mention that since the thused about. It is good that we have for, over $10 billion a month, and cer- BCS National Championship rotates athletics that add so much to a univer- tainly the most important thing has among the major bowls, this year it sity setting, that bring out more of a been the loss of life. Then we saw just was the turn for the Orange Bowl to university personality in addition to at the end of the year an effort to pro- have not only the Orange Bowl on Jan- the studies, the academics, and the re- vide $700 billion in what has been uary 1 but then the national champion- search we are so privileged to have in dubbed the bailout of Wall Street—to ship game. The entire Orange Bowl our American universities. date, I suggest, not very effective and

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.043 S12JAPT1 wwoods2 on PRODPC68 with SENATE S298 CONGRESSIONAL RECORD — SENATE January 12, 2009 at times outrageous in terms of what why they cannot pay their mortgages heard colleagues on the other side of has happened with that money. and their homes are going into fore- the aisle saying: Oh, my gosh, they So it is not that the Federal Govern- closure. The jobless rate is the highest want to not only talk about roads and ment has to spend money, it is not that in 16 years, and we know it is not going bridges and water and sewer systems, colleagues on the other side of the aisle to get better quickly. We know at least but they want to talk about have not supported spending. They sup- the first half of this year—possibly the broadband—the idea of connecting ported spending for 8 years. The ques- entire year—is going to be very tough. rural communities and small busi- tion is, What are we going to spend it We know that. But common sense nesses to the Internet so they can sell on and for whom? Many Americans would say that we do not embrace the around the world, just like big business have seen their standard of living go same policies that have gotten us to does. Oh, my goodness, you mean they down, their jobs go away, their houses this point if we want to get out of the want everybody to have access to the go away, their opportunities go away, hole. Internet, not just some people? Yes, while some have done very well under a It is exciting that next week we are that is true. We believe the new high- particular kind of spending over the going to swear in a wonderful new way, the information highway, that last 8 years. What I suggest is this is President who has policies, working power needs to be available to every not about whether we spend or invest with us, working with all of us to- child, to every small business, to every or use Federal dollars; it is about our gether, that will stop digging the hole farmer at the end of the road. Just as values and priorities. In whom are we and begin to bring us out of the hole, we built the electricity systems, the going to invest? Where are we going to even though we know it is a deep hole, telephone systems of the past, we need spend the dollars? I have had so many and he has certainly stressed that, to make sure we are building for the people in Michigan say to me, with all wisely, with the American people. We future in America so everyone has ac- the debates going on: Where is my bail- are going to begin to come out of this cess to these new technologies to have out? I am sure you heard that, Mr. hole. opportunity for jobs and income and President: Where is my bailout? Small Over and over again in the last week, education. business owners: Where is my bailout? we have been hearing colleagues ob- I am also very involved in making Individuals. I suggest what we are de- jecting to a change in economic policy sure we can computerize our health bating is the American people bailout, and proposing the same old thing. The care system so we can cut costs from the investment in America. same old thing has put us in a situa- unnecessary paperwork; that we can The people of this country have re- tion where the U.S. median home price also provide the very best quality of soundingly rejected the policies of the fell 13 percent in the last year, which is health care in every hospital, large and last 8 years that have gotten us to the fastest pace since the 1930s. That is small, whether you live in a small where we are today. That is what elec- what the kinds of policies we are hear- rural area or an urban hospital is tions are about. People have said very ing on the other side of the aisle have where you would go or a suburban hos- loudly: We don’t want the same poli- achieved. pital. cies; we don’t want the same people es- Mr. President, 3,100 foreclosures hap- We need to focus on jobs rebuilding pousing the same policies going for- pen every day. Today, as we have been America and reinvesting not only in in session, 3,100 families have seen ward as we have seen in the last 8 the upfront construction jobs but in their homes foreclosed upon. Tomor- years. what that will mean to the assets that Where have those policies over the row, there will be another 3,100 fami- will be there afterwards, which is very last 8 years gotten us? Over the last 8 lies; the next day, 3,100 families. That much a part of this recovery plan. We years, we have not seen a commitment is what the policies—action and inac- know we want to see alternative en- to manufacturing in this country. tion—of the last 8 years have done. One ergy jobs, and certainly I am very in- Some people say that is only a narrow in ten homeowners with a mortgage is volved in the whole effort to create special interest for a certain number of either in foreclosure or delinquent on green jobs. I am very proud that last payments. States in the country. I suggest it is a year in the budget resolution we in- Pension plans, if you are fortunate foundation of the middle class in this cluded my green-collar jobs initiative, enough to have had a job, worked hard country. The fact that we have lost 4.1 all your life, and put money into a pen- which now our new President-elect and million manufacturing jobs due to the sion—maybe you did not take a pay his team are working to fund as a part policies of the last 8 years—750,000 of raise in order to make sure you had of what we need to do to create the new those jobs just last year—that totally that pension—have suffered their battery technology. This is not just the relates to where we are in terms of jobs steepest 1-year drop in 20 years. The research but to build the batteries here in this country, what is happening in average pension fund now is holding as- in the United States; and not only to this country, and what is happening to sets that would cover only about 75 have wind energy but to build the wind middle-class people. The economic ac- percent of what had been promised to turbines here and create the jobs; and tivity in the manufacturing sector has workers. not only to have the solar power but to fallen to its lowest level in 60 years. I could go on and on with the num- build the solar units or the solar pan- That absolutely equates to the chal- bers, and you know them as well. The els, to have the equipment, to have the lenges we are currently having in this good news is the American people have storage from the batteries all done economy. looked around at what has happened, here. That is a part of our vision for a In 2008, 2.6 million jobs just in gen- the trickle-down economic policies of recovery package for the future. eral were lost, the worst year since the last 8 years—the idea that we can’t Because I have been working so 1945—8 years of policies put forward by afford to invest in education for the fu- closely with advanced manufacturing the current administration and sup- ture or health care or focus on jobs for in the auto industry, I know an inter- ported by many people who have been the future—they have looked at those esting statistic is that if everyone had on the floor since we came back into policies and said, no more, no more, We an electric car today—and we would session arguing we should not do some- have had enough. certainly like that to happen from an thing different; we should not try a dif- So that brings us to this point, and environmental standpoint—we would ferent kind of investment policy; we we will have the opportunity in the blow up the electrical grid in this coun- should not focus on jobs in America, next few weeks to bring forward an try, poof. We would be in deep trouble. the middle class, and so on; we should economic recovery plan that focuses in So part of what we need to have happen keep doing it the way we have been a very different way. If we are going to is to upgrade so we have a better elec- doing it. That is basically what we are do tax cuts, we want tax cuts for mid- tric system to be able to handle those hearing on the floor, the same kinds of dle-class families and those working new vehicles. We need to create a new things that have gotten us to these hard to get into the middle class to kind of infrastructure so that when you numbers—1 million jobs lost last benefit from those and that is the pol- pull up in your vehicle, which would month. Last month, 1 million Ameri- icy we will see coming forward. get 40 miles per—what shall I say? It is cans. As of December, 11.1 million peo- We are going to see policies that will not 40 miles per gallon because it is not ple were unemployed. And we wonder create jobs rebuilding America. I have a gallon. It is 40 miles on the road to a

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.032 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S299 charge. Wouldn’t it be great to be able year. So those who would argue that AMENDMENT NO. 17 to pull up and charge it in a parking we should have more of the same I The PRESIDING OFFICER. The lot or at a parking meter as you went think find themselves in a difficult po- clerk will report the motion to com- into the store? sition because the American people mit. There are so many ways we need to want change. They have voted for The legislative clerk read as follows: build and rebuild America for this new change, and they expect us to change The Senator from Nevada [Mr. REID] moves technological world we are in, this new the values and the priorities of this to commit the bill to the Energy and Nat- green alternative energy world we are country so that we are, in fact, invest- ural Resources Committee with instructions in. That is our hope: Jobs, rebuilding ing in our people and in a strong Amer- to report back forthwith with the following America, and building for the future. ica again. amendment numbered 17: We not only can achieve very impor- I yield the floor, and I suggest the ab- The amendment is as follows: tant goals of energy independence and sence of a quorum. At the end, insert the following: tackling in a real and meaningful way The PRESIDING OFFICER. The This title shall become effective 3 days the serious issue of global warming, clerk will call the roll. after enactment of the bill. but we can create jobs in America, The assistant legislative clerk pro- AMENDMENT NO. 18 good-paying jobs in America. That is ceeded to call the roll. Mr. REID. I have an amendment to what this recovery plan does, and I am Mr. REID. I ask unanimous consent the motion at the desk and I ask that very excited to work with the incoming that the order for the quorum call be it now be reported. administration and to see their vision rescinded. The PRESIDING OFFICER. The and their commitment to working with The PRESIDING OFFICER. Without clerk will report. us. objection, it is so ordered. The legislative clerk read as follows: There are so many pieces of this that Mr. REID. Mr. President, I ask unan- The Senator from Nevada [Mr. REID] pro- will be addressed. I will mention one imous consent that all postcloture poses an amendment numbered 18 to the in- other, and that is when I talked earlier time on the wilderness bill be yielded structions of the motion to commit S. 22. about the numbers regarding unem- back. Mr. REID. I ask unanimous consent ployment and housing and pensions The PRESIDING OFFICER. Without that reading of the amendment be dis- and what is happening to people, we objection, it is so ordered. pensed with. have seen now close to a decade—8 Without objection, the motion to The PRESIDING OFFICER. Without years—of neglect, of not paying atten- proceed is agreed to. objection, it is so ordered. tion to those who have been hurt by The clerk will report the bill by title. The amendment is as follows: the policies that have been in place. So The assistant legislative clerk read In the amendment, strike ‘‘3’’ and insert it is very important that we, in fact, as follows: ‘‘2’’. recognize that we have more people out A bill (S. 22) to designate certain land as Mr. REID. I now ask for the yeas and of work than there are currently avail- components of the National Wilderness Pres- nays. able jobs—people who have worked all ervation System, to authorize certain pro- The PRESIDING OFFICER. Is there a their lives, people who want to work, grams and activities in the Department of sufficient second? who recognize the dignity of work but Interior and the Department of Agriculture, and for other purposes. There appears to be. in the short run need some help. Part The yeas and nays were ordered. of this package needs to address this as AMENDMENT NO. 15 AMENDMENT NO. 19 TO AMENDMENT NO. 18 well, whether it is unemployment in- Mr. REID. Mr. President, I have an surance, whether it is food assistance, amendment at the desk. I now ask that Mr. REID. I now call up my second- whether it is help with health care dur- the clerk report the amendment. degree amendment which is also at the ing a transition or whether it is ad- The PRESIDING OFFICER. The desk. dressing those who have lost their jobs clerk will report. The PRESIDING OFFICER. The because of trade. Those priorities rep- The legislative clerk read as follows: clerk will report. The legislative clerk read as follows: resent the best of America and who we The Senator from Nevada [Mr. REID] pro- are, our real values and priorities as poses an amendment numbered 15. The Senator from Nevada [Mr. REID] pro- Americans, understanding that we are poses an amendment numbered 19 to amend- The amendment is as follows: ment No. 18. in a global economy and that transi- At the end insert the following: The amendment is as follows: tion, at best, even if everything was The provisions of this bill shall become ef- going well, even if every policy was fective 5 days after enactment. In the amendment, strike ‘‘2’’ and insert ‘‘1’’. going well, has created pain and suf- Mr. REID. I ask for the yeas and CLOTURE MOTION fering for those caught in the middle. nays. Unfortunately, because of a series of The PRESIDING OFFICER. Is there a Mr. REID. I send a cloture motion to policies, whether it is not enforcing our sufficient second? the desk. trade laws fairly, whether it is not ad- There appears to be. The PRESIDING OFFICER. The clo- dressing health care or seeing the cut- The yeas and nays were ordered. ture motion having been presented backs in education, and so on, too under rule XXII, the Chair directs the AMENDMENT NO. 16 TO AMENDMENT NO. 15 many people have been hurt and need clerk to read the motion. some help. Too many people have been Mr. REID. I now call up my second- The legislative clerk read as follows: degree amendment which is at the hurt in the last 8 years. So a very im- CLOTURE MOTION portant part of this recovery plan as desk. The PRESIDING OFFICER. The We, the undersigned Senators, in accord- well is to make sure those families ance with the provisions of rule XXII of the know we see them, we hear them; that, clerk will report. Standing Rules of the Senate, do hereby as Americans, we care about them and The legislative clerk read as follows: move to bring to a close debate on S. 22, the want to make sure they have the tem- The Senator from Nevada [Mr. REID] pro- Omnibus Public Land Management Act of porary assistance they need while we poses an amendment numbered 16 to amend- 2009: ment No. 15. Harry Reid, Jeff Bingaman, Richard Dur- are creating these jobs in the new econ- The amendment is as follows: bin, , Bernard Sand- omy. ers, , Tom Harkin, Kent There is a lot of work to do, as we all In the amendment strike ‘‘5’’ and insert Conrad, Byron L. Dorgan, Barbara know, and I would conclude by saying ‘‘4’’. Boxer, Debbie Stabenow, Daniel K. that while we may not know how long Mr. REID. I now move to commit the Akaka, Ken Salazar, Mary L. Landrieu, it will take for us to move out of this bill with instructions and ask for the , Patrick J. Leahy, Robert deep hole we have been placed in, in yeas and nays. Menendez, Bill Nelson. terms of job loss and deficits, and so The PRESIDING OFFICER. Is there a Mr. REID. Mr. President, I ask unan- on, here is what we do know: The same sufficient second on the motion? imous consent that the mandatory thing has been tried for 8 years and There appears to be. quorum required under rule XXII be things have only gotten worse every The yeas and nays were ordered. waived.

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.033 S12JAPT1 wwoods2 on PRODPC68 with SENATE S300 CONGRESSIONAL RECORD — SENATE January 12, 2009 The PRESIDING OFFICER. Without I look forward to continuing to serve U.S. antitrust laws explicitly prohibit objection, it is so ordered. with him in the coming years. conspiracies in restraint of trade, f f which include agreements to cut pro- duction in an effort to cause prices to 25TH NATIONAL COWBOY POETRY GAZA rise. Cartel activity by OPEC members GATHERING Mr. BAYH. Mr. President, I rise clearly violates U.S. antitrust laws. Mr. REID. Mr. President, I rise today today to commend Majority Leader Unfortunately, OPEC members have to recognize the 25th National Cowboy REID and Republican Leader MCCON- escaped liability for their antitrust Poetry Gathering, which is held every NELL for introducing S. Res. 10, an im- violations. The Foreign Sovereign Im- January in Elko, NV. portant piece of legislation which reaf- munities Act makes foreign states lia- For 25 years, the National Cowboy firms unwavering support of the United ble under U.S. law for their commercial Poetry Gathering has been providing a Statest for Israel and Israel’s right to activities but not their governmental forum for the expression and celebra- defend itself and protect its citizens. activities. In International Association tion of the artistic spirit of those that Hamas’ unwillingness to renounce vio- of Machinists v. OPEC, a California live and work in the rural West. lence and recognize Israel’s right to district court held that OPEC’s cartel Through both traditional and contem- exist is the central impediment to activity was governmental activity, porary forms, this gathering has show- achieving a lasting peace between the not commercial activity, and was cased dancers, filmmakers, musicians, Israelis and Palestinians. I stand therefore immune from the antitrust storytellers, and poets—each contrib- strongly with the people of Israel in laws. On appeal, the Ninth Circuit af- uting their experience of the western their efforts to cope with the terrorist firmed. lifestyle. From urban areas to rural threat from Hamas. No nation can be These court decisions were wrong. ones, people from across the country asked to endlessly turn the other cheek Government-owned companies engaged gather in Elko every year to listen to when its people are subject to indis- in purely business activities are sub- and experience the artistic soul of the criminate, unprovoked, and lethal mis- ject to the antitrust laws. authentic cowboy. sile strikes. Like all people, the citi- That is why Senator KOHL and myself The first cowboy poetry gathering zens of Israel have the right to live as well as nine other cosponsors are re- was held one weekend in January in safely within secure borders. introducing the No Oil Producing and 1985. It drew a crowd that included While the responsibility for the cur- Exporting Cartels Act, or NOPEC. The frontier enthusiasts as well as skeptics rent violence rests with Hamas, both legislation reverses these court deci- who questioned whether cowboys could sides must take every possible step to sions, making it clear that cartel ac- also be poets. After that first gath- avoid harming innocent civilians. Fur- tivity OPEC is commercial activity ering, the poetic nature of the cowboy thermore, both sides must work to- that is subject to the antitrust laws. could no longer be doubted, and what wards a durable and sustainable NOPEC also makes it clear that OPEC started as a small weekend event even- ceasefire that prevents Hamas from re- members are subject to the jurisdiction tually transformed into a weeklong arming and improves the daily living of U.S. courts. cultural excursion that draws thou- conditions of the people in Gaza. Applying antitrust law to foreign sands of visitors and participants from The current bloodshed in Gaza is also conduct is consistent with current law. across the globe. It has reinvigorated a grave reminder of Iran’s role in arm- In Hartford Fire Insurance Co. v. Cali- interest in preserving and spreading ing, training, and assisting extremist fornia, the Supreme Court held that the cowboy narrative, inspiring other groups like Hamas. The Iranian regime U.S. courts have jurisdiction over anti- communities to hold similar events is the world’s most active state sponsor trust suits involving foreign conduct throughout the West. of terrorism. The current violence fur- by foreign actors if the conduct has The National Cowboy Poetry Gath- ther underscores the importance of substantial effects in the United ering has created an environment that using aggressive sanctions to deter the States. Clearly, OPEC’s cartel activi- contributes a wealth of riches to our Iranian regime from taking future ac- ties have substantial effects in the shared western heritage. In January of tions that destabilize the region and United States. 2009 the Western Folklife Center in threaten our democratic allies. The Justice Department has over the Elko will host its 25th gathering. I We have learned as a nation that ter- years prosecuted many foreign cartels would like to congratulate them on rorism and the advocacy of extremism in a myriad of industries, including vi- this achievement. are not distant problems but those tamins, marine hose, liquid crystal dis- f which we must confront vigilantly. play panels, textiles, construction, Terrorism has no geographic bound- food, chemicals, graphite electrodes, TRIBUTE TO SENATOR ROBERT aries. We must continue our efforts to ocean shipping and fine arts auctions. BYRD confront Islamic extremism and to Indeed, over the past decade, around Mr. COCHRAN. Mr. President, I am eliminate terrorists’ ability to strike half of the corporate defendants in car- pleased to join with my colleagues in against the United States and our al- tel cases brought by the Justice De- congratulating Senator lies. Therefore, I wholeheartedly sup- partment have been foreign-based. In on his 50 years of exemplary and dis- port S. Res. 10, which underscores our the vitamins case, for example, the tinctive service in the U.S. Senate. Nation’s commitment to help provide Justice Department successfully pros- Senator BYRD is a distinguished for Israel’s security and to encourage a ecuted a cartel of foreign vitamin man- Member of the Senate and has served lasting and secure peace in the Middle ufacturers that held meetings abroad in many important positions of respon- East. to allocate market share and set sibility in this body during his tenure f prices—just like OPEC. In many of the as Senator from . He has cases involving foreign cartels, foreign served as minority and majority lead- NO OIL EXPORTING AND executives have been extradited to the er, as chairman and ranking member of PRODUCING CARTELS ACT U.S. to serve significant prison sen- the Appropriations Committee, and as Mr. SPECTER. Mr. President, as our tences. President pro tempore of the Senate. economy sinks further into recession, Critics have argued that NOPEC It has been a great privilege to serve OPEC, which controls about 40 percent would harm U.S. relations abroad or with Senator BYRD on the Appropria- of the world oil supplies, has an- discourage foreign investment in the tions Committee. I have learned so nounced its biggest single production United States. However, NOPEC leaves much from him since joining this com- cut ever. As a result, since December 17 the decision to prosecute OPEC mem- mittee in 1981. Senator BYRD has been when the cartel announced its record bers in the hands of the executive a good friend as well as a mentor. It production cuts, oil prices have risen 40 branch by giving the Justice Depart- has also been a great pleasure to serve percent. ment sole authority to prosecute. with him on the Homeland Security For decades, the members of OPEC NOPEC enjoys strong bipartisan sup- Appropriations Subcommittee, which have conspired to manipulate oil prices port and has since its first introduction we have both chaired. by limiting the number of barrels sold. back in 2000. The Senate Judiciary

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.039 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S301 Committee has unanimously passed study projective drawings under the direc- serves immediate and serious atten- NOPEC on four separate occasions, tion of Fritz Wengraf in New York. tion, and Idahoans deserve to be heard. most recently on May 22, 2007. During ‘‘I always struggled between painting as an Their stories not only detail their the 109th Congress, the legislation end in itself and practicing art therapy,’’ she struggles to meet everyday expenses once wrote. passed the Senate by a vote of 70 to 23 Moving to Chevy Chase in 1950, she began but also have suggestions and rec- as an amendment to the Clean Energy working as an art therapist in 1957 at Hill- ommendations as to what Congress can Act. It was stripped out in conference. crest Children’s Center, a residential treat- do now to tackle this problem and find NOPEC passed the House last year by ment facility for emotionally disturbed chil- solutions that last beyond today. I ask an overwhelming vote of 345 to 72. The dren. The center, located on Nebraska Ave- unanimous consent to have today’s let- bill even has the support of the con- nue NW on the site of what is now the Na- ters printed in the RECORD. servative Heritage Foundation, which tional Presbyterian Church, later closed for There being no objection, the mate- has noted that NOPEC ‘‘would place lack of funding and was incorporated into rial was ordered to be printed in the much needed pressure on OPEC.’’ the psychiatric services offered by the Na- tional Children’s Medical Center. She also RECORD, as follows: f provided training to clinicians at D.C. Gen- I am a forester and a close job for me is 100 eral Hospital on the use of art therapy, and miles round trip per day. Occasionally I can TRIBUTE TO EDYTHE camp out near the job, but not always. I am SALZBERGER established an art therapy program at Chaim Sheba Medical Center at Tel Hashomer in required by the nature of forest roads and Mr. GRASSLEY. Mr. President, I Israel. the nature of my business to drive a four- would like to pay tribute to Edythe Art therapy was a relatively new discipline wheel drive pick-up. This is not energy-effi- Salzberger, who passed away at the age when Mrs. Salzberger began her career, and cient, but there is nothing I can do to change of 99 last month. Edythe devoted her she became one of the founders of the Wash- the nature of my business. ington chapter of what later became the I have been a practicing professional for- life to the belief that the creative proc- ester for over 40 years, and this crisis is not ess is both healing and life enhancing. American Art Therapy Association. She pub- lished numerous articles in professional a surprise to me. I have seen it coming since An interest in art created by psy- journals and produced one of the first films the Wilderness Act was passed in the early chiatric patients led her to the Hill- demonstrating the use of art therapy. Titled 1960’s. crest Children’s Center, a home for ‘‘Michael,’’ the film was designed for use in The current energy crisis is merely one emotionally disturbed children, where university classes. part of the larger problem and that being the she began her years of service to the She was born Edythe Woolf in Providence, misanthropic environmental movement that disabled and distressed. A pioneer in R.I. In 1931, she married her college sweet- refuses to use and manage our natural re- the field of art therapy, Mrs. Salz- heart, Daniel Polsby II, and lived in New sources for the benefit of mankind and par- Haven and Norwich, Conn., where her hus- ticularly our great nation. berger wrote numerous articles, When I started my career in forestry, Re- trained clinicians and other mental band was a businessman and farmer. She worked on the family farm during World War gion 6 of the U.S. Forest Service returned health professionals, established an art II, when agricultural workers were hard to timber stumpage dollars to the U.S. Treas- therapy program at Chaim Sheba Med- find. The farm produced as many as a thou- ury in addition to the counties for roads and ical Center in Israel, and helped found sand eggs daily; they were sold under con- schools. The U.S. Congress, under pressure the Washington chapter of what later tract to an Army camp on Cape Cod. from an ignorant and dedicated misanthropic became the American Art Therapy As- Her husband died in 1946, and she moved to preservation movement, has relegated the sociation. Art therapy is based on the Chevy Chase with her three sons. She was U.S. Forest Service into a hopeless, ineffec- tive agency that now draws money from the belief that the creative process in- one of the founders of Temple Sinai in the District and was active in a number of Jew- Treasury. volved in artistic self-expression helps The U.S. Forest Service has managed to go people solve problems, develop inter- ish charitable organizations. She completed requirements for her under- from a win-win situation to a lose-lose situa- personal and conflict resolution skills, graduate degree at RISD in the late 1950s. tion in a little over forty years. manage behavior, reduce stress, in- In 1966, she married Henry X. ‘‘Hy’’ I have used the following analogy for crease self-esteem and self-awareness, Salzberger, a recently retired Texas depart- years: you or me, Senator Crapo, are given a and achieve insight. It is used to treat ment store executive, and moved to Dallas. fully stocked grocery store and within a patients of all ages dealing with a host She helped her husband in the two organiza- week have gone broke, have rotting produce, have burned down our storage room and are of problems related to emotional and tions he founded, Dallas Taping for the Blind and a local radio station for the blind. She requesting funds from the bank. mental disorders, substance abuse, The U.S. Forest Service burns millions of also lectured on art therapy at hospitals and trauma, loss, neurological injuries, and acres of forest annually. Insect epidemics are at the University of North Texas, and super- psychosocial difficulties resulting from destroying millions of acres annually, and vised therapists-in-training. medical illness. A life-long painter, When Mrs. Salzberger’s husband died in the logging industry has been emasculated Edythe Salzberger combined her desire 1994, she returned to Chevy Chase to be clos- to the point whereby firefighting is ineffec- to create with her desire to help. She er to family and friends. She also resumed tual i.e. no roads, no tractors, etc. I may have appeared to go off-track with will be missed not only by friends and painting. my discussion of forest management issues, Her son, Nelson W. Polsby, died in 2007. family but by all the patients and prac- but I assure you the issues confronting for- Survivors include two sons, Allen I. Polsby titioners of the field she helped pioneer estry are the same as those facing other nat- of Bethesda and Daniel D. Polsby of Fairfax and the respected professional associa- ural resources, both renewable and non-re- County; eight grandchildren; and two great- tion she helped create. newable. grandchildren. I ask unanimous consent to have the The oil industry has regulations forbidding obituary of Edythe Salzberger from the f drilling in the Arctic, offshore in continental December 15, 2008, edition of the Wash- IDAHOANS SPEAK OUT ON HIGH U.S., no refineries, etc. Energy is suffering, no nuclear, no coal- ington Post printed in the RECORD. ENERGY PRICES There being no objection, the mate- fired, breaching dams, and, in short, these Mr. CRAPO. Mr. President, In mid- ‘‘well-intentioned’’ environmental whackos rial was ordered to be printed in the June, I asked Idahoans to share with are more intent on destroying our capitalist RECORD, as follows: me how high energy prices are affect- system than saving resources. [From washingtonpost.com, Dec. 15, 2008] ing their lives, and they responded by P.S I am working with folks who own the EDYTHE SALZBERGER, 99; PIONEER IN ART patent rights on a machine that converts the hundreds. The stories, numbering THERAPY forest slash into a powder that we think is Edythe Woolf Polsby Salzberger, 99, one of well over 1,200, are heartbreaking and the breakthrough for the cellulosic produc- the first art therapists in the Washington touching. While energy prices have tion of ethanol. area, died Dec. 5 of anemia at her home in dropped in recent weeks, the concerns LEWIS, Eagle. Chevy Chase. expressed remain very relevant. To re- Mrs. Salzberger was a painter in her early spect the efforts of those who took the We are retired and on a fixed income. We years who received an associate’s degree opportunity to share their thoughts, I can drive or not as we wish, unlike other from the Rhode Island School of Design in am submitting every e-mail sent to me folks who work. All of the things you men- tioned in your e-mail should be accom- 1931. She studied painting at the Museum of through an address set up specifically Fine Arts in Boston and later with artists plished. Becoming non-dependent on foreign Robert Brackman and William Shulgold. for this purpose to the CONGRESSIONAL sources for fuel should be a top priority. She developed an interest in art created by RECORD. This is not an issue that will When our former President said we will start psychiatric patients and in 1950 began to be easily resolved, but it is one that de- a program to put us on the moon before, the

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.010 S12JAPT1 wwoods2 on PRODPC68 with SENATE S302 CONGRESSIONAL RECORD — SENATE January 12, 2009 population and industry responded. If our price gougers and assess a ‘windfall profit China, India and elsewhere it is very likely leaders will take the same approach to devel- tax’ on oil companies. Senate Republicans that all the extra oil would quickly be con- oping our oil sources, wind power, nuclear killed that measure.’’ sumed and prices would skyrocket again. power, and all other alternative energy, and ‘‘And for years Congress has ignored pro- Oil prices are high because of worldwide encourage conservation, I believe the Amer- posals to increase fuel-efficiency standards, demand. But part of the price spike comes ican people and industry will rise to the or CAFE standards. The standards just got from market moves. The first—and easiest to challenge. Why did we not learn the last their first major overall in three decades understand—is that oil is priced in U.S. dol- time when we all parked in lines on our with the new legislation calling for auto- lars. So when the value of the dollar falls, as given day to get gas? makers to boost fleet wide gas mileage to 35 it has in the past year, the price of oil goes LAURA, Twin Falls. miles per gallon by 2020.’’ up for Americans. ‘‘Although the public has clearly moved to But the market is much more complex I cannot understand why Congress cannot the acceptance stage, Congress has not. Con- than that. Many investors—some call them see the need to allow the United States to gress is still stuck at this anger stage so speculators—are pouring money into oil access more of our own energy sources. Yes, they want to blame speculators. They are when they had previously ignored it. Basi- we need new alternative fuels, but we also pandering. They want people to feel good cally, many investors are spooked by the need to become more realistic about our so- about themselves. They want somebody to subprime housing market and other prob- lutions to the energy crisis. We need to com- blame.’’ lems with the financial sectors, and have fled bine research and start making use of our ‘‘There is also a lot of money at stake for from the stock market. Instead of investing own current oil discoveries. We need to start the politicians. The oil and gas industry is in stocks and bonds, these investors have drilling in the places where oil has already one of the top donors to political campaigns chosen to place their money in oil, driving been discovered. Why has Congress ridiculed year after year.’’ up the price. President Bush when he asked the Saudis to ‘‘In 2004, the industry donated more than Bill O’Grady, chief investment strategist produce more oil when Congress refused to $25 million to politicians around the coun- for energy at Wachovia Securities, said that do the same right in our own country? He did try, according to the Center of Responsive part of the problem also has to do with the ask Congress first. I would like to see the Politics.’’ Federal Reserve setting interest rates so Congress invite the scientists who do not ‘‘And the bulk of that money—more than low. He said that when inflation is 4 percent agree with man-made global warming to tes- $20 million—went to Republicans. Bush’s re- but investors are only getting 1 percent for tify and bring their facts forward. Forming election campaign alone received $2.7 million their cash in the bank, they look for other an energy policy on an unproven crisis does of that money. (Bush also got nearly $2 mil- investment options. Normally, real estate not make much sense. lion from the oil and gas industry in 2000.) would be one of those options. But with that On another subject, why do the senators ‘‘Washington politicians set the nation’s market collapsed investors are turning to- only take calls and emails from their home energy policy but could they be doing more? ward commodities such as gold, corn and oil. states when all of you represent the United ‘‘This year is also turning out to be a lu- Plus, every time there is some geopolitical States of America and your actions impact crative one for politicians, with more than fear, prices rise. The latest such tension all of us? $14 million from the Industry reported to the comes as Israel and Iran, the world’s fourth GLORIA. Federal Election Commission by the end of largest oil exporter, are having a way of April, according to the Center for Responsive words. Israel has threatened to attack Iran’s We have let the left with their environ- Politics.’’ nuclear program, and Iran has threatened a mental agenda hijack our country and many ‘‘And again, that money is flowing mostly strong reprisal. [conservatives] are allowing it to happen. If to Republicans—this time about 73 percent This above came from the ABC News—June we do not start drilling in ANWR and off- of contributions.’’ 11, 2008. shore [and] using coal in place of petroleum, ‘‘But there is more money at stake. The oil I understand there is a very large quantity we are going to be in a world of hurt. Alter- and gas companies spend millions of addi- of oil in North Dakota, Montana and South- native energy sources are going to be great tional dollars, hiring a mass of lobbyists to ern Saskatchewan. What’s the problem with when they get here, but that is a generation push legislation their way. In the last dec- going after these? I would appreciate your away. As a country trying to stave off the ade, the Center for Responsive Politics has response to the above. Thanks you for the jihadist and Latin dictators, we had better tracked more than $640 million spent by oil opportunity to relate these issues to you. be self-dependent on our own energy. I hope and gas companies on lobbying.’’ HELEN, Rupert. Congress understands their culpability in Not all the blame rests with politicians. this mess as well as the President. How We Americans are addicted to our cars, I would like to thank all the players in about a reduction in fuel taxes? If the Amer- driving more than necessary, thanks, at one Washington DC for bringing the price of oil ican people continue to be pressed, they will time, to cheap gas. Instead of living close to up to its current level to help save the envi- react; there are unintended consequences our workplaces, we have chosen to live in ronment, I never realized how green the ad- that may be very surprising to some. Thanks large suburban developments or in faraway ministration and Congress actually were. Al- for your service to Idaho. rural areas that require a car for even the lowing jobs to be shipped over seas, bor- rowing money from China to fund a war that WADE. simplest of errands. Americans spend more than 100 hours commuting to work each cannot be won, and allowing the housing cri- We are a retired couple. When we were year, according to the U.S. Census Bureau. sis to occur are all some of the best policies working, we socked lots of our money into That is more time than most Americans one could think of to raise the cost of fuel various retirement funds and, therefore we spend on vacation. In 2003, the average daily for the little guy and at the same time re- are comfortable even with the high energy commute was more than 24 minutes. And ducing the emission of greenhouse gases. I costs, at least at the present time. Due to most of that time is spent alone in a car. would like to thank all the millionaires that our fixed incomes, we watch prices going sky America has less than 5 percent of the we have representing us in DC; I am sure high and this gives us concern. world’s population but we consume about 25 they all have fully funded re-election war ABC News, June 11, 2008 released the fol- percent of the world’s energy resources. chests. Thank you for using your time wisely lowing and I am wondering if you could China and India are rapidly increasing their by trying to save brain-dead people, pre- verify this. share of the energy market—which is helping venting gays from getting married, and sup- ‘‘Congress decides how much oil companies to drive up prices—but America still domi- porting the upper 1% of families instead of are taxed, what forms of alternative energy nates. using your time fixing problems like funding development—such as solar and wind Americans have abandoned cities to live in Social Security, making health care afford- power—are subsidized, where oil companies sprawling suburbs that require a car. Ameri- able and keeping manufacturing jobs in the can drill and how fuel efficient our cars need cans have also been buying large gas-guz- USA. The last eight years have been a bless- to be.’’ zling cars for decades, most recently big ing to all of us. Please keep up the good ‘‘For years, lawmakers have fought over SUVs. Consider this: The Ford F-Series pick- work, before you know it there with will be proposals to expand offshore drilling in the up truck has been the best-selling vehicle in a horse and buggy in every two-car garage in Gulf of Mexico and to allow drilling in the the United States for 26 years. (There were this country. Arctic National Wildlife Refuge in Alaska. occasional months when it was beaten in ROBERT, Boise. Republicans have pushed for such increased sales—but always by another truck, usually exploration, but Democrats killed the latest the Chevrolet Silverado.) Some drivers are The high cost of fuel is affecting us by not push, saying it would do little to ease gas changing their habits now. being able to see some of our children who prices in the short term and could have dire If the OPEC nations decided to increase live far away and they are asking us to help environmental consequences.’’ production by, say, 1 million barrels, then them with unexpected bills. My husband ‘‘There is oil in the Arctic but getting it there might be some relief in the markets. drives 26 miles each way to work. It has real- would come at a cost.’’ While such an increase might lead to lower ly increased our expense. I work at the site ‘‘The Democrats came back with their own prices at the pump now, it is not a long-term and they are going to increase our bus rates hodgepodge of ideas, including giving the solution. There is only so much oil in the double. If this happens, I will be forming a president the authority to declare an ‘energy ground, and if more is pumped today there is carpool and many others will as well. This emergency’ and sue OPEC nations, prosecute less for the future. With explosive growth in will create much more traffic on the road

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.031 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S303 and there will be more exhaust which will helps you in your endeavors. Any help would pacity, he took part in the same mili- cause much more pollution. Also there will be great. tary activities and combat operations be more wrecks. There has got to be some- SONDRA, Kuna. as his military predecessors. All to- thing more done. I feel that the U.S. will be- taled, he participated in some 250 hours come weaker and it will threaten our na- Energy prices affect all aspects of our of helicopter combat operations. He tional security. I believe there will be vio- lives. Food, home heating, all shipping lence as people are unable to provide the ne- charges, it goes on and on. Most of us are served in night helicopter patrols over cessities of life. It really is a threat to our fearful of our heating costs for this winter Viet Cong-held sectors and took part in nation. coming. We had such a long cold winter, if it helicopter operations to insert and ex- LAREE. costs double it will hurt everyone. I really tract troops from the battlefield. On feel for the young families. There costs for other occasions, he directed helicopter Very simply, we are reducing the amount housing, cars, food, energy and all that chil- gunship operations from a command- of money we spend on everything other than dren need, it is almost impassable without and-control helicopter flying just sev- gasoline. We are having to pay more for nat- help. We have to drill for oil and build refin- eral hundred feet above the battlefield, ural gas, electricity, and food because all are eries. We should not be paying other coun- being impacted by the increase in oil futures. repeatedly coming under enemy fire. tries for energy that we can produce here. It On still other occasions, he partici- We have not taken a vacation this year and does not make any sense. Please help make will not be able to afford one anytime soon. the [Congress] understand. pated in ground combat operations, ROBERT. JULIE, Worley. night ambushes, and brown water naval combat operations. Thank you so much for offering us an op- If I see or hear of fossil fuel one more time, This is just one chapter in the re- portunity to share with you how gas prices my head will explode. It is not from fossils. markably accomplished career of this are affecting our family. We are a family of How did they get that deep in the earth. Abi- Dubuque, IA, native. He served for four, and we purchased our home in Kuna be- otic oil—do your research. Now on this stu- cause housing was more affordable in this more than three decades in the Foreign pid carbon credit [issue] related to so-called rural town. We are 8 miles from I-84, and just Service, becoming one of the most global warming—we all could stop breathing about everything requires us to drive to the decorated and respected American dip- that cut CO by 90% and the Earth could freeway and beyond. My husband works 8 2 lomats of his generation. Ambassador stabilize÷÷. Thank you for doing what you miles from home; our adult daughter works Quinn was one of the U.S. Govern- can. 8 miles from home; our adult son works 12 ment’s top experts on Indochina, hav- JEFF, Nampa. miles from home; and I spend my time driv- ing written his doctoral dissertation on ing to doctor appointments in Meridian and Pol Pot’s regime in Cambodia. Indeed, downtown Boise (12–20 miles)—and back. As The way the energy crisis have impacted my life is I have come to the realization that he is widely acknowledged to have been you mentioned, there is no public transpor- the first westerner to discover and re- tation. are politicians in Washington are more in- During the summer, our children work al- terested in protecting big business than their port on the holocaust being per- most fulltime, and they each earn approxi- constituents. Nothing is done about illegal petrated by the Khmer Rouge. Later, mately $1,000 per month. They both drive immigration because it might affect the while serving as Ambassador to Cam- high-mileage vehicles, but their gasoline bill economy but the only thing more important bodia, he played a key role in the 1999 is now approximately $120 per month. When to the economic infrastructure of the USA capture of the last remaining Khmer then cheap fuel is oxygen. Drill for oil, build the school year begins, they will both cut Rouge general. Upon his retirement as back on their working hours and increase nuclear power plants, construct windmill farms and offer incentives for solar power Ambassador to Cambodia, he was pre- the number of miles they drive, as they both sented the Secretary of State’s Award attend BSU. Their income will drop to ap- and preserve what is left of our way of life proximately $700 per month, and they will be for future generation. for Heroism and Valor for protecting adding approximately 70 miles per week to DALE, USMC retired. Americans citizens exposed to danger their mileage, at an estimated additional in Cambodia and for his participation cost of $70 per month. If their schedules per- From where I am sitting, [too many in in four lifesaving rescues in Vietnam. mit, they can carpool to school, leaving a car Congress] are directly responsible for the The common theme in Ambassador in Meridian so they can each drive to work current high energy prices. The Bush energy Quinn’s career has been his commit- in the afternoon. Obviously, this does not policy was decided by Vice President Cheney ment to serving causes higher than leave much room in their budgets for car in- and oil company executives. Even now you are protecting Big Oil profits at the expense himself. He has undertaken humani- surance and other expenses. Fortunately, tarian missions that have saved count- they live at home with us. of alternate energy support. My husband and I have greatly reduced the Your feigned attempt at feeling my pain less thousands of lives. In 1978, under a number of times we go out to dinner, and we falls on my deaf ears. special exchange program with the select more fast-food restaurants lately. We MARVIN. Foreign Service, he was allowed to re- try to run our errands while we are out in f turn to Iowa to join the staff of Gov- Meridian and combine trips. My husband re- ernor Robert Ray. He played a lead role ADDITIONAL STATEMENTS cently had to fly to Florida on business. Nor- in the Governor’s program to resettle mally, we would pay for me to join him; we Indochinese refugees in Iowa, and he did not do that this time, as airline tickets TRIBUTE TO AMBASSADOR served as executive director of the 1979 are prohibitive. We had already arranged to Iowa SHARES Program, which sent rent a cabin in California for a week, as our KENNETH QUINN summer vacation, and that trip begins next Iowa medical personnel, supplies, and ∑ Mr. HARKIN. Mr. President, during a food to Cambodia during a period of week. Since we are taking five adults and long and distinguished career in many two cats, we will be driving a Chevy Subur- mass starvation there. ban (ouch!). We have not even estimated fields of public service, Ambassador Following his retirement from the what that is going to cost in gasoline, be- Kenneth Quinn has received countless State Department 8 years ago this cause calculating it would only ruin our va- awards and honors. But I daresay that month, Ambassador Quinn returned to cation. It will be interesting to find out the award he will receive tomorrow Iowa to assume leadership of the World which was the higher cost, the rental of the from the Department of Defense is the Food Prize Foundation, the Des cabin or the gasoline for the car. Needless to longest delayed and hardest earned of Moines-based organization dedicated to say, we will not be renting a cabin in Cali- his distinctions. Ambassador Quinn ending hunger around the world by pro- fornia for our next vacation if gas prices con- will become the first civilian ever to tinue to be this high. We are also seeing the moting the sustainable production and prices of groceries inch up. The cereal boxes receive the Air Medal for Combat Serv- distribution of an adequate and nutri- and ice cream cartons are smaller, but they ice, an award created during World War tious food supply. The World Food run out faster. My husband and I do not have II to honor courageous and meritorious Prize—created by Nobel Peace Prize- a lot of cushion in our budget to help our service in aerial combat. winner and Iowa native Dr. Norman children with their budgets. I am unable to From November 1968 to June 1973, Borlaug and supported for many years work because of health issues (but social se- Kenneth Quinn served as a Foreign by Iowa business leader and philan- curity does not want to pay me the dis- Service officer in Vietnam. For his thropist John Ruan—is the most pres- ability benefits I earned). My husband’s em- first 2 years in that country, he was as- ployment at Western States Equipment (Cat- tigious international award recog- erpillar) is all that is keeping us afloat. signed to Advisory Team 65 in Sa Dec nizing exemplary work in improving Thank you so much for all that you do for Province, replacing an Army major as the quality, quantity, or availability of Idaho families, and we hope this information senior adviser to the team. In that ca- food in the world.

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.034 S12JAPT1 wwoods2 on PRODPC68 with SENATE S304 CONGRESSIONAL RECORD — SENATE January 12, 2009 Mr. President, Ambassador Quinn has ronmental Protection Agency, transmitting, ties during fiscal year 2008; to the Committee served our Nation as a diplomat, a sol- pursuant to law, the report of a rule entitled on Commerce, Science, and Transportation. dier, and a passionate humanitarian. ‘‘novaluron; Pesticide Tolerances Technical EC–337. A communication from the Execu- At every stage of his brilliant career in Amendment’’ ((EPA–HQ–OPP–2007– tive Director, Consumer Product Safety 0438)(FRL–8396–4)) received in the Office of public service, he has embodied Amer- Commission, transmitting, pursuant to law, the President of the Senate on January 5, a report relative to the Commission’s com- ica’s highest ideals, and he has earned 2009; to the Committee on Agriculture, Nu- petitive sourcing efforts during fiscal year renown for his courage, initiative, and trition, and Forestry. 2008; to the Committee on Commerce, selfless dedication. I join with my col- EC–327. A communication from the Under Science, and Transportation. leagues in the Senate in congratulating Secretary for Industry and Security, Depart- EC–338. A communication from the Deputy Ambassador Quinn as he becomes, to- ment of Commerce, transmitting, pursuant Assistant Administrator for Regulatory Pro- morrow in Washington, the first civil- to law, a report relative to the Department’s grams, National Marine Fisheries Service, intent to impose new foreign policy-based Department of Commerce, transmitting, pur- ian ever to be awarded the Air Medal export controls on certain persons in Burma; for Combat Service.∑ suant to law, the report of a rule entitled to the Committee on Banking, Housing, and ‘‘Taking of Marine Mammals Incidental to f Urban Affairs. Commercial Fishing Operations; Atlantic EC–328. A communication from the Sec- Large Whale Take Reduction Plan’’ MESSAGE FROM THE PRESIDENT retary of Housing and Urban Development, (RIN0648–XM18) received in the Office of the transmitting, pursuant to law, the Office of The following message from the President of the Senate on January 5, 2009; Inspector General’s Semiannual Report for President of the United States was to the Committee on Commerce, Science, the period of April 1, 2008, through Sep- transmitted to the Senate by one of his and Transportation. secretaries: tember 30, 2008; to the Committee on Bank- ing, Housing, and Urban Affairs. EC–339. A communication from the Deputy f EC–329. A communication from the Deputy Assistant Administrator for Regulatory Pro- Secretary of the Treasury, transmitting, grams, National Marine Fisheries Service, REPORT RELATIVE TO THE EMER- Department of Commerce, transmitting, pur- GENCY ECONOMIC STABILIZA- pursuant to law, a six-month periodic report on the national emergency that was declared suant to law, the report of a rule entitled TION ACT OF 2008—PM 2 in Executive Order 12947 with respect to ter- ‘‘Sea Turtle Conservation; Shrimp Trawling The PRESIDING OFFICER laid be- rorists who threaten to disrupt the Middle Requirements’’ (RIN0648–XL11) received in fore the Senate the following message East peace process; to the Committee on the Office of the President of the Senate on Banking, Housing, and Urban Affairs. January 5, 2009; to the Committee on Com- from the President of the United merce, Science, and Transportation. States, together with an accompanying EC–330. A communication from the Chief Counsel, Federal Emergency Management EC–340. A communication from the Deputy report; which was referred to the Com- Agency, Department of Homeland Security, Assistant Administrator for Regulatory Pro- mittee on Banking, Housing, and transmitting, pursuant to law, the report of grams, National Marine Fisheries Service, Urban Affairs: a rule entitled ‘‘Final Flood Elevation Deter- Department of Commerce, transmitting, pur- suant to law, the report of a rule entitled To the Congress of the United States: minations’’ ((44 CFR Part 67)(73 FR 76234)) received in the Office of the President of the ‘‘List of Fisheries for 2009’’ (RIN0648–AW48) Consistent with section 115(a)(3) of Senate on January 5, 2009; to the Committee received in the Office of the President of the the Emergency Economic Stabilization on Banking, Housing, and Urban Affairs. Senate on January 5, 2009; to the Committee Act of 2008 (Public Law 110–343) (the EC–331. A communication from the Chief on Commerce, Science, and Transportation. ‘‘Act’’), I hereby transmit a report de- Counsel, Federal Emergency Management EC–341. A communication from the Deputy tailing the plan of the Secretary of the Agency, Department of Homeland Security, Assistant Administrator for Regulatory Pro- Treasury to exercise the authority transmitting, pursuant to law, the report of grams, National Marine Fisheries Service, under the Act. a rule entitled ‘‘Changes in Flood Elevation Department of Commerce, transmitting, pur- Determinations’’ (Docket No. FEMA–B–1023) suant to law, the report of a rule entitled GEORGE W. BUSH. received in the Office of the President of the THE WHITE HOUSE, January 12, 2009. ‘‘Sea Turtle Conservation; Fishing Gear In- Senate on January 5, 2009; to the Committee spection Program’’ (RIN0648–AU98) received f on Banking, Housing, and Urban Affairs. in the Office of the President of the Senate MESSAGE FROM THE HOUSE EC–332. A communication from the Chief on January 5, 2009; to the Committee on Counsel, Federal Emergency Management Commerce, Science, and Transportation. At 2:36 p.m., a message from the Agency, Department of Homeland Security, EC–342. A communication from the Deputy House of Representatives, delivered by transmitting, pursuant to law, the report of Assistant Administrator for Regulatory Pro- Mrs. Cole, one of its reading clerks, an- a rule entitled ‘‘Changes in Flood Elevation grams, National Marine Fisheries Service, nounced that the House has passed the Determinations’’ ((44 CFR Part 65)(73 FR Department of Commerce, transmitting, pur- following bill, in which it requests the 76230)) received in the Office of the President suant to law, the report of a rule entitled of the Senate on January 5, 2009; to the Com- ‘‘Taking of Marine Mammals Incidental to concurrence of the Senate: mittee on Banking, Housing, and Urban Af- H.R. 11. An act to amend title VII of Commercial Fishing Operations; Atlantic fairs. Large Whale Take Reduction Plan’’ the Civil Rights Act of 1964 and the Age EC–333. A communication from the Acting (RIN0648–XL74) received in the Office of the Discrimination in Employment Act of Secretary, Division of Corporation Finance, President of the Senate on January 5, 2009; Securities and Exchange Commission, trans- 1967, and to modify the operation of the to the Committee on Commerce, Science, mitting, pursuant to law, the report of a rule Americans with Disabilities Act of 1990 and Transportation. entitled ‘‘Modernization of Oil and Gas Re- and the Rehabilitation Act of 1973, to EC–343. A communication from the Deputy clarify that a discriminatory com- porting’’ (RIN3235–AK00) received in the Of- fice of the President of the Senate on Janu- Assistant Administrator for Regulatory Pro- pensation decision or other practice ary 5, 2009; to the Committee on Banking, grams, National Marine Fisheries Service, that is unlawful under such Acts occurs Housing, and Urban Affairs. Department of Commerce, transmitting, pur- each time compensation is paid pursu- EC–334. A communication from the Under suant to law, the report of a rule entitled ant to the discriminatory compensa- Secretary of Commerce for Oceans and At- ‘‘Taking of Marine Mammals Incidental to tion decision or other practice, to mosphere, transmitting, pursuant to law, a Commercial Fishing Operations; Atlantic report relative to the National Oceano- Large Whale Take Reduction’’ (RIN0648– amend the Fair Labor Standards Act of XL75) received in the Office of the President 1938 to provide more effective remedies graphic Partnership Program; to the Com- mittee on Commerce, Science, and Transpor- of the Senate on January 5, 2009; to the Com- to victims of discrimination in the tation. mittee on Commerce, Science, and Transpor- payment of wages on the basis of sex, EC–335. A communication from the Sec- tation. and for other purposes. retary, Federal Trade Commission, transmit- EC–344. A communication from the Deputy f ting, pursuant to law, a report entitled ‘‘Re- Assistant Administrator for Regulatory Pro- port to Congress Under Section 319 of the grams, National Marine Fisheries Service, EXECUTIVE AND OTHER Fair and Accurate Credit Transactions Act Department of Commerce, transmitting, pur- COMMUNICATIONS of 2003 (December 2008)’’; to the Committee suant to law, the report of a rule entitled The following communications were on Commerce, Science, and Transportation. ‘‘Taking of Marine Mammals Incidental to laid before the Senate, together with EC–336. A communication from the Assist- Commercial Fishing Operations; Atlantic ant Administrator for Legislative and Inter- Large Whale Take Reduction’’ (RIN0648– accompanying papers, reports, and doc- governmental Affairs, National Aeronautics XM19) received in the Office of the President uments, and were referred as indicated: and Space Administration, transmitting, of the Senate on January 5, 2009; to the Com- EC–326. A communication from the Direc- pursuant to law, a report relative to the Ad- mittee on Commerce, Science, and tor, Regulatory Management Division, Envi- ministration’s competitive sourcing activi- Transportation.

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.002 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S305 EC–345. A communication from the Acting date to Materials Incorporated by Ref- EC–364. A communication from the Chief of Director of the Office of Sustainable Fish- erence’’ (FRL–8750–1) received in the Office the Publications and Regulations Branch, In- eries, National Marine Fisheries Service, De- of the President of the Senate on January 7, ternal Revenue Service, Department of the partment of Commerce, transmitting, pursu- 2009; to the Committee on Environment and Treasury, transmitting, pursuant to law, the ant to law, the report of a rule entitled Public Works. report of a rule entitled ‘‘Consolidated Re- ‘‘Magnuson-Stevens Fishery Conservation EC–354. A communication from the Direc- turns; Intercompany Obligations’’ (RIN1545– and Management Act Provisions; Fisheries tor, Regulatory Management Division, Envi- BA11) received in the Office of the President of the Northeastern United States; North- ronmental Protection Agency, transmitting, of the Senate on January 7, 2009; to the Com- east Multispecies Fishery; Increase of the pursuant to law, the report of a rule entitled mittee on Finance. Landing Limit for Eastern Georges Bank Cod ‘‘Approval and Promulgation of Implementa- EC–365. A communication from the Chief of in the U.S./Canada Management Area’’ tion Plans; Washington; Interstate Trans- the Publications and Regulations Branch, In- (RIN0648–XL94) received in the Office of the port of Pollution’’ (FRL–8760–7) received in ternal Revenue Service, Department of the President of the Senate on January 5, 2009; the Office of the President of the Senate on Treasury, transmitting, pursuant to law, the to the Committee on Commerce, Science, January 7, 2009; to the Committee on Envi- report of a rule entitled ‘‘Section 529 Pro- and Transportation. ronment and Public Works. grams’’ (Notice 2009–1) received in the Office EC–346. A communication from the Acting EC–355. A communication from the Direc- of the President of the Senate on January 7, Director of the Office of Sustainable Fish- tor, Regulatory Management Division, Envi- 2009; to the Committee on Finance. eries, National Marine Fisheries Service, De- ronmental Protection Agency, transmitting, EC–366. A communication from the Chief of partment of Commerce, transmitting, pursu- pursuant to law, the report of a rule entitled the Publications and Regulations Branch, In- ant to law, the report of a rule entitled ‘‘Civil Monetary Penalty Inflation Adjust- ternal Revenue Service, Department of the ‘‘Magnuson-Stevens Act Provisions; Fish- ment Rule’’ (RIN2020–AA46) received in the Treasury, transmitting, pursuant to law, the eries Off West Coast States; Pacific Coast Office of the President of the Senate on Jan- report of a rule entitled ‘‘Guidance regarding Groundfish Fishery; Biennial Specifications uary 7, 2009; to the Committee on Environ- foreign base company sales income’’ and Management Measures; In-season Ad- ment and Public Works. (RIN1545–BI50) received in the Office of the EC–356. A communication from the Direc- justments’’ (RIN0648–AX46) received in the President of the Senate on January 7, 2009; tor, Regulatory Management Division, Envi- Office of the President of the Senate on Jan- to the Committee on Finance. ronmental Protection Agency, transmitting, EC–367. A communication from the Deputy uary 5, 2009; to the Committee on Commerce, pursuant to law, the report of a rule entitled Director, Office of Regulations, Social Secu- Science, and Transportation. EC–347. A communication from the Assist- ‘‘Extract of Chenopodium ambrosioides near rity Administration, transmitting, pursuant ant Secretary for Export Administration, ambrosioides; Exemption from the Require- to law, the report of a rule entitled ‘‘Clari- Bureau of Industry and Security, Depart- ment of a Tolerance’’ (FRL–8396–2) received fication of Evidentiary Standard for Deter- in the Office of the President of the Senate minations and Decisions’’ (RIN0960–AG75) re- ment of Commerce, transmitting, pursuant on January 7, 2009; to the Committee on En- ceived in the Office of the President of the to law, the report of a rule entitled ‘‘Chem- vironment and Public Works. Senate on January 5, 2009; to the Committee ical Weapons Convention Regulations: Addi- EC–357. A communication from the Na- on Finance. tions to the List of States Parties; Updates tional Treasurer, American Ex–Prisoners of EC–368. A communication from the Chief of to Contact Information for the Treaty Com- War, transmitting, pursuant to law, the or- the Publications and Regulations Branch, In- pliance Division; Editorial Corrections’’ ganization’s 990 Return of Organization Ex- ternal Revenue Service, Department of the (RIN0694–AE39) received in the Office of the empt From Income Tax; to the Committee Treasury, transmitting, pursuant to law, the President of the Senate on January 7, 2009; on Finance. report of a rule entitled ‘‘Areas in which rul- to the Committee on Commerce, Science, EC–358. A communication from the Assist- ings will not be issued; Associate Chief Coun- and Transportation. ant Secretary, Office of Legislative Affairs, sel (International)’’ (Rev. Proc. 2009–7) re- EC–348. A communication from the Acting Department of State, transmitting, pursuant ceived in the Office of the President of the Administrator, Energy Information Adminis- to law, a report relative to extending certain Senate on January 7, 2009; to the Committee tration, Department of Energy, transmit- Memorandums of Understanding; to the on Finance. ting, pursuant to law, a report entitled ‘‘Per- Committee on Finance. EC–369. A communication from the Chief of formance Profiles of Major Energy Producers EC–359. A communication from the Direc- the Publications and Regulations Branch, In- 2007’’; to the Committee on Energy and Nat- tor of Administration, National Labor Rela- ternal Revenue Service, Department of the ural Resources. tions Board, transmitting, pursuant to law, a Treasury, transmitting, pursuant to law, the EC–349. A communication from the Sec- report relative to competitive sourcing ef- report of a rule relative to temporary guid- retary of Energy, transmitting, pursuant to forts; to the Committee on Finance. ance regarding the application of Section 305 law, an annual report relative to the Stra- EC–360. A communication from the Chief of (Rev. Proc. 2009–15) received in the Office of tegic Petroleum Reserve for calendar year the Publications and Regulations Branch, In- the President of the Senate on January 8, 2007; to the Committee on Energy and Nat- ternal Revenue Service, Department of the 2009; to the Committee on Finance. ural Resources. Treasury, transmitting, pursuant to law, the EC–370. A communication from the Chief of EC–350. A communication from the Assist- report of a rule entitled ‘‘Section 482: Meth- the Publications and Regulations Branch, In- ant Secretary, Bureau of Land Management, ods to Determine Taxable Income in Connec- ternal Revenue Service, Department of the Department of the Interior, transmitting, tion With a Cost Sharing Arrangement’’ Treasury, transmitting, pursuant to law, the pursuant to law, the report of a rule entitled (RIN1545–BI46) received in the Office of the report of a rule ‘‘Calculation of Volume of ‘‘Leasing of Solid Minerals Other Than Coal President of the Senate on January 8, 2009; Alcohol for Fuel Credits; Denaturants’’ (No- and Oil Shale’’ (RIN1004–AD91) received in to the Committee on Finance. tice 2009–06) received in the Office of the the Office of the President of the Senate on EC–361. A communication from the Chief of President of the Senate on January 8, 2009; January 7, 2009; to the Committee on Energy the Publications and Regulations Branch, In- to the Committee on Finance. and Natural Resources. ternal Revenue Service, Department of the EC–371. A communication from the Chief of EC–351. A communication from the Direc- Treasury, transmitting, pursuant to law, the the Publications and Regulations Branch, In- tor, Fish and Wildlife Service, Department of report of a rule entitled ‘‘Employer’s Annual ternal Revenue Service, Department of the the Interior, transmitting, pursuant to law, Federal Tax Return and Modifications to the Treasury, transmitting, pursuant to law, the the 2005 and 2006 annual reports relative to Deposit Rules’’ (RIN1545–BI39) received in report of a rule entitled ‘‘Creditor Con- identifiable expenditures for the conserva- the Office of the President of the Senate on tinuity of Interest’’ (RIN1545–BC88) received tion of endangered and threatened species by January 7, 2009; to the Committee on Fi- in the Office of the President of the Senate Federal and State agencies; to the Com- nance. on January 8, 2009; to the Committee on Fi- mittee on Environment and Public Works. EC–362. A communication from the Chief of nance. EC–352. A communication from the Direc- the Publications and Regulations Branch, In- EC–372. A communication from the Pro- tor, Defense Procurement, Acquisition Pol- ternal Revenue Service, Department of the gram Manager, Centers for Medicare and icy, and Strategic Sourcing, Department of Treasury, transmitting, pursuant to law, the Medicaid Services, Department of Health Defense, transmitting, pursuant to law, the report of a rule entitled ‘‘Advisor Payments and Human Services, transmitting, pursuant report of a rule entitled ‘‘Defense Federal to Money Market Funds’’ (Rev. Proc. 2009–10) to law, the report of a rule entitled ‘‘Medi- Acquisition Regulation Supplement; Clean received in the Office of the President of the care Program; Medicare Advantage and Pre- Air Act and Clean Water Act Exemptions’’ Senate on January 7, 2009; to the Committee scription Drug Benefit Programs: Negotiated (RIN0750–AF97) received in the Office of the on Finance. Pricing and Remaining Revisions’’ (RIN0938– President of the Senate on January 9, 2009; EC–363. A communication from the Chief of AP24) received in the Office of the President to the Committee on Environment and Pub- the Publications and Regulations Branch, In- of the Senate on January 7, 2009; to the Com- lic Works. ternal Revenue Service, Department of the mittee on Finance. EC–353. A communication from the Direc- Treasury, transmitting, pursuant to law, the EC–373. A communication from the Assist- tor, Regulatory Management Division, Envi- report of a rule entitled ‘‘Disclosure of Re- ant Secretary, Office of Legislative Affairs, ronmental Protection Agency, transmitting, turn Information to the Bureau of Economic Department of State, transmitting, pursuant pursuant to law, the report of a rule entitled Analysis’’ (RIN1545–BC93) received in the Of- to law, a report relative to the waiver of re- ‘‘Approval and Promulgation of Air Quality fice of the President of the Senate on Janu- imbursement under the United Nations Par- Implementation Plans; West Virginia; Up- ary 7, 2009; to the Committee on Finance. ticipation Act to support the United Nations/

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.022 S12JAPT1 wwoods2 on PRODPC68 with SENATE S306 CONGRESSIONAL RECORD — SENATE January 12, 2009 African Union Mission in Darfur; to the EC–384. A communication from the Direc- Representation and Appearances’’ (RIN1125– Committee on Foreign Relations. tor of the Office of Standards, Regulations, AA59) received in the Office of the President EC–374. A communication from the Assist- and Variances, Mine Safety and Health Ad- of the Senate on January 7, 2009; to the Com- ant Secretary, Office of Legislative Affairs, ministration, Department of Labor, trans- mittee on the Judiciary. Department of State, transmitting, pursuant mitting, pursuant to law, the report of a rule EC–396. A communication from the Acting to law, a report relative to training of con- entitled ‘‘Refuge Alternatives for Under- General Counsel, Executive Office for Immi- sular officers to counter terrorist travel; to ground Coal Mines’’ (RIN1219–AB58) received gration Review, Department of Justice, the Committee on Foreign Relations. in the Office of the President of the Senate transmitting, pursuant to law, the report of EC–375. A communication from the Assist- on January 7, 2009; to the Committee on a rule entitled ‘‘Voluntary Departure: Effect ant Secretary, Office of Legislative Affairs, Health, Education, Labor, and Pensions. of a Motion To Reopen or Reconsider or a Department of State, transmitting, pursuant EC–385. A communication from the General Petition for Review’’ (RIN1125–AA60) re- to law, the semiannual report on the contin- Counsel, Office of Government Ethics, trans- ceived in the Office of the President of the ued compliance of Azerbaijan, Kazakhstan, mitting, pursuant to law, a report relative to Senate on January 7, 2009; to the Committee Moldova, the Russian Federation, competitions initiated or conducted in fiscal on the Judiciary. Tajikistan, and Uzbekistan with the 1974 year 2008; to the Committee on Homeland Se- EC–397. A communication from the Deputy Trade Act’s freedom of emigration provi- curity and Governmental Affairs. White House Liaison, Department of Justice, sions, as required under the Jackson-Vanik EC–386. A communication from the Archi- transmitting, pursuant to law, the report of Amendment; to the Committee on Foreign vist of the United States, National Archives a change in previously submitted reported Relations. and Records Administration, transmitting, information in the position of United States EC–376. A communication from the Assist- pursuant to law, the Organization’s Perform- Attorney, Western District of Virginia, re- ant Legal Adviser for Treaty Affairs, Depart- ance and Accountability Report for fiscal ceived in the Office of the President of the ment of State, transmitting, pursuant to the year 2008; to the Committee on Homeland Se- Senate on January 8, 2009; to the Committee Case-Zablocki Act, 1 U.S.C. 112b, as amended, curity and Governmental Affairs. on the Judiciary. the report of the texts and background state- EC–387. A communication from the Sec- EC–398. A communication from the Deputy ments of international agreements, other retary, Smithsonian Institution, transmit- White House Liaison, Department of Justice, than treaties (List 2008–222—2008–227); to the ting, pursuant to law, an annual report rel- transmitting, pursuant to law, the report of Committee on Foreign Relations. ative to the Institution’s competitive a change in previously submitted reported EC–377. A communication from the Assist- sourcing activities during fiscal year 2008; to information in the position of United States ant Legal Adviser for Treaty Affairs, Depart- the Committee on Homeland Security and Attorney, Western District of Tennessee, re- ment of State, transmitting, pursuant to the Governmental Affairs. ceived in the Office of the President of the Case-Zablocki Act, 1 U.S.C. 112b, as amended, EC–388. A communication from the Deputy Senate on January 8, 2009; to the Committee the report of the texts and background state- Secretary of Defense, transmitting, pursuant on the Judiciary. ments of international agreements, other to law, the Office of Inspector General’s EC–399. A communication from the Chair- than treaties (List 2008–228—2008–236); to the Semiannual Report for the period of April 1, man, Office of General Counsel, Federal Committee on Foreign Relations. 2008, through September 30, 2008; to the Com- Election Commission, transmitting, pursu- EC–378. A communication from the Sec- mittee on Homeland Security and Govern- ant to law, the report of a rule entitled ‘‘Re- retary of Health and Human Services, trans- mental Affairs. peal of Increased Contribution and Coordi- mitting, pursuant to law, the eighth annual EC–389. A communication from the Acting nated Party Expenditure Limits for Can- report for the Temporary Assistance for Administrator, General Services Administra- didates Opposing Self-financed Candidates’’ Needy Families Program; to the Committee tion, transmitting, pursuant to law, a report (Notice 2008–14) received in the Office of the on Health, Education, Labor, and Pensions. relative to the Administration’s competitive President of the Senate on January 5, 2009; EC–379. A communication from the Direc- sourcing efforts during fiscal year 2008; to to the Committee on Rules and Administra- tor of the Office of Standards, Regulations, the Committee on Homeland Security and tion. and Variances, Mine Safety and Health Ad- Governmental Affairs. EC–400. A communication from the Sec- ministration, Department of Labor, trans- EC–390. A communication from the Inspec- retary of Veterans Affairs, transmitting, mitting, pursuant to law, the report of a rule tor General, General Services Administra- pursuant to law, a report relative to expendi- entitled ‘‘Flame-Resistant Conveyor Belt, tion, transmitting, pursuant to law, the Of- tures from the Pershing Hall Revolving Fire Prevention and Detection, and Use of fice of Inspector General’s Semiannual Re- Fund; to the Committee on Veterans’ Af- Air From the Belt Entry’’ (RIN1219–AB59) re- port for the six-month period ending Sep- fairs. ceived in the Office of the President of the tember 30, 2008; to the Committee on Home- EC–401. A communication from the Con- Senate on January 7, 2009; to the Committee land Security and Governmental Affairs. gressional Review Coordinator, Animal and on Health, Education, Labor, and Pensions. EC–391. A communication from the Chair- Plant Health Inspection Service, Department EC–380. A communication from the Sec- man, National Capital Planning Commis- of Agriculture, transmitting, pursuant to retary, Railroad Retirement Board, trans- sion, transmitting the Commission’s 2009– law, the report of a rule entitled ‘‘Importa- mitting, pursuant to law, a report relative to 2014 Strategic Plan; to the Committee on tion of Cattle From Mexico; Addition of Port the Board’s competitive sourcing activities Homeland Security and Governmental Af- at San Luis, AZ’’ (RIN0579–AC63) received in during fiscal year 2008; to the Committee on fairs. the Office of the President of the Senate on Health, Education, Labor, and Pensions. EC–392. A communication from the Acting January 7, 2009; to the Committee on Agri- EC–381. A communication from the Assist- Associate General Counsel for General Law, culture, Nutrition, and Forestry. ant Secretary for Administration and Man- Department of Homeland Security, transmit- EC–402. A communication from the Con- agement, Department of Health and Human ting, pursuant to law, the report of a va- gressional Review Coordinator, Animal and Services, transmitting, pursuant to law, an cancy and designation of acting officer in the Plant Health Inspection Service, Department annual report relative to the Department’s position of Chief Financial Officer, received of Agriculture, transmitting, pursuant to competitive sourcing efforts during fiscal in the Office of the President of the Senate law, the report of a rule entitled ‘‘Viral Hem- year 2008; to the Committee on Health, Edu- on January 7, 2009; to the Committee on orrhagic Septicemia; Interstate Movement cation, Labor, and Pensions. Homeland Security and Governmental Af- and Import Restrictions on Certain Live EC–382. A communication from the Deputy fairs. Fish’’ (RIN0579–AC74) received in the Office Assistant Secretary for Policy, Employee EC–393. A communication from the Direc- of the President of the Senate on January 7, Benefits Security Administration, Depart- tor of Legislative Affairs, Office of the Direc- 2009; to the Committee on Agriculture, Nu- ment of Labor, transmitting, pursuant to tor of National Intelligence, transmitting, trition, and Forestry. law, the report of a rule entitled ‘‘Civil Pen- pursuant to law, a report of relative to the EC–403. A communication from the Admin- alties Under ERISA Section 502(c)(4)’’ designation of acting officer in the position istrator, Agricultural Marketing Service, (RIN1210–AB24) received in the Office of the of Associate Director of National Intel- Department of Agriculture, transmitting, President of the Senate on January 7, 2009; ligence and Chief Information Officer, re- pursuant to law, the report of a rule entitled to the Committee on Health, Education, ceived in the Office of the President of the ‘‘Walnuts Grown in California; Section 610 Labor, and Pensions. Senate on November 13, 2008; to the Select Review’’ ((Docket No. AMS–FV–08– EC–383. A communication from the Direc- Committee on Intelligence. 0010)(FV08–984–610)) received in the Office of tor, Legislative and Regulatory Department, EC–394. A communication from the Acting the President of the Senate on January 7, Pension Benefit Guaranty Corporation, Clerk of Court, U.S. Court of Federal Claims, 2009; to the Committee on Agriculture, Nu- transmitting, pursuant to law, the report of transmitting, pursuant to law, the Court’s trition, and Forestry. a rule entitled ‘‘Benefits Payable in Termi- annual report for the year ended September EC–404. A communication from the Admin- nated Single-Employer Plans; Allocation of 30, 2008; to the Committee on the Judiciary. istrator, Agricultural Marketing Service, Assets in Single-Employer Plans; Interest EC–395. A communication from the Acting Department of Agriculture, transmitting, Assumptions for Valuing and Paying Bene- General Counsel, Executive Office for Immi- pursuant to law, the report of a rule entitled fits’’ (29 CFR Parts 4022 and 4044) received in gration Review, Department of Justice, ‘‘Lamb Promotion and Research Program: the Office of the President of the Senate on transmitting, pursuant to law, the report of Procedures To Request Conduct of a Ref- January 8, 2009; to the Committee on Health, a rule entitled ‘‘Professional Conduct for erendum’’ (Docket No. LS–08–0041) received Education, Labor, and Pensions. Practitioners—Rules and Procedures, and in the Office of the President of the Senate

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.024 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S307 on January 7, 2009; to the Committee on Ag- EC–413. A communication from the Chief covery from Nuclear, Biological, Chemical, riculture, Nutrition, and Forestry. Financial Officer, Department of Housing or Radiological Attack’’ (RIN0750–AG19) re- EC–405. A communication from the Admin- and Urban Development, transmitting, pur- ceived in the Office of the President of the istrator, Agricultural Marketing Service, suant to law, a report of four violations of Senate on January 9, 2009; to the Committee Department of Agriculture, transmitting, the Antideficiency Act; to the Committee on on Armed Services. pursuant to law, the report of a rule entitled Appropriations. EC–423. A communication from the Direc- ‘‘Cotton Board Rules and Regulations: Ad- EC–414. A communication from the Deputy tor, Defense Procurement, Acquisition Pol- justing Supplemental Assessment on Imports Under Secretary of Defense (Acquisition and icy, and Strategic Sourcing, Department of (2008 Amendments)’’ ((Docket No. AMS–CN– Technology), transmitting, pursuant to law, Defense, transmitting, pursuant to law, the 08–0040)(CN–08–002)) received in the Office of a report relative to promoting environ- report of a rule entitled ‘‘Defense Federal the President of the Senate on January 7, mental stewardship throughout the Depart- Acquisition Regulation Supplement; Whis- 2009; to the Committee on Agriculture, Nu- ment of Defense and the Green Procurement tleblower Protections for Contractor Em- trition, and Forestry. Plan; to the Committee on Armed Services. ployees’’ (RIN0750–AG09) received in the Of- EC–406. A communication from the Admin- EC–415. A communication from the Under fice of the President of the Senate on Janu- istrator, Agricultural Marketing Service, Secretary of Defense (Acquisition, Tech- ary 9, 2009; to the Committee on Armed Serv- Department of Agriculture, transmitting, nology and Logistics), transmitting, pursu- ices. pursuant to law, the report of a rule entitled ant to law, a report relative to the Advanced EC–424. A communication from the Direc- ‘‘Dried Prunes Produced in California; De- Extremely High Frequency program; to the tor, Defense Procurement, Acquisition Pol- creased Assessment Rate’’ ((Docket No. Committee on Armed Services. icy, and Strategic Sourcing, Department of AMS–FV–08–0060)(FV08–993–1 FIR)) received EC–416. A communication from the Assist- Defense, transmitting, pursuant to law, the in the Office of the President of the Senate ant Secretary of the Navy (Installations and report of a rule entitled ‘‘Defense Federal on January 7, 2009; to the Committee on Ag- Environment), transmitting, pursuant to Acquisition Regulation Supplement; Delega- riculture, Nutrition, and Forestry. law, a report relative to the notification of tion of Authority for Single Award Task or EC–407. A communication from the Admin- the result of a public-private competition for Delivery Order Contracts’’ (RIN0750–AG14) istrator, Agricultural Marketing Service, public works functions; to the Committee on received in the Office of the President of the Department of Agriculture, transmitting, Armed Services. Senate on January 9, 2009; to the Committee pursuant to law, the report of a rule entitled EC–417. A communication from the Direc- on Armed Services. ‘‘Milk in the Northeast and Other Marketing tor, Defense Procurement, Acquisition Pol- EC–425. A communication from the Assist- Areas; Final Decision on Proposed Amend- icy, and Strategic Sourcing, Department of ant Secretary for Export Administration, ments to Tentative Marketing Agreements Defense, transmitting, pursuant to law, the Bureau of Industry and Security, Depart- and to Orders and Termination of Pro- report of a rule entitled ‘‘Defense Federal ment of Commerce, transmitting, pursuant ceeding’’ (((Docket No. AO–14–A76, et Acquisition Regulation Supplement; Senior to law, the report of a rule entitled ‘‘Burma: al.)(DA–07–01)(AMS–DA–07–0116))) received in DoD Officials Seeking Employment with De- Revision of Restrictions on Exports, Reex- the Office of the President of the Senate on fense Contractors’’ (RIN0750–AG07) received ports and Transfers to Persons Whose Prop- January 7, 2009; to the Committee on Agri- in the Office of the President of the Senate erty and Interests in Property Area Blocked culture, Nutrition, and Forestry. on January 9, 2009; to the Committee on Pursuant to Executive Orders’’ (RIN0694– EC–408. A communication from the Admin- Armed Services. AE35) received in the Office of the President istrator, Agricultural Marketing Service, EC–418. A communication from the Direc- of the Senate on January 8, 2009; to the Com- Department of Agriculture, transmitting, tor, Defense Procurement, Acquisition Pol- mittee on Banking, Housing, and Urban Af- pursuant to law, the report of a rule entitled icy, and Strategic Sourcing, Department of fairs. ‘‘Tomatoes Grown in Florida; Partial Ex- Defense, transmitting, pursuant to law, the EC–426. A communication from the Regu- emption to the Minimum Grade Require- report of a rule entitled ‘‘Defense Federal latory Specialist, Office of the Comptroller ments’’ ((Docket No. AMS–FV–08–0090)(FV09– Acquisition Regulation Supplement; Secu- of the Currency, Department of the Treas- 966–1 IFR)) received in the Office of the rity-Guard Functions’’ (RIN0750–AF64) re- ury, transmitting, pursuant to law, the re- President of the Senate on January 7, 2009; ceived in the Office of the President of the port of a rule entitled ‘‘Minimum Capital to the Committee on Agriculture, Nutrition, Senate on January 9, 2009; to the Committee Ratios; Capital Adequacy Guidelines; Capital and Forestry. on Armed Services. Maintenance; Capital: Deduction of Goodwill EC–409. A communication from the Admin- EC–419. A communication from the Direc- Net of Associated Deferred Tax Liability’’ istrator, Agricultural Marketing Service, tor, Defense Procurement, Acquisition Pol- (RIN1550–AC22) received in the Office of the Department of Agriculture, transmitting, icy, and Strategic Sourcing, Department of President of the Senate on January 8, 2009; pursuant to law, the report of a rule entitled Defense, transmitting, pursuant to law, the to the Committee on Banking, Housing, and ‘‘Tomatoes Grown in Florida; Section 610 Re- report of a rule entitled ‘‘Defense Federal Urban Affairs. view’’ ((Docket No. AMS–FV–08–0009)(FV08– Acquisition Regulation Supplement; Statu- EC–427. A communication from the Regu- 966–610)) received in the Office of the Presi- tory Waiver for Commercially Available Off- latory Specialist, Office of the Comptroller dent of the Senate on January 7, 2009; to the the-Shelf Items’’ (RIN0750–AG12) received in of the Currency, Department of the Treas- Committee on Agriculture, Nutrition, and the Office of the President of the Senate on ury, transmitting, pursuant to law, the re- Forestry. January 9, 2009; to the Committee on Armed port of a rule entitled ‘‘Community Rein- EC–410. A communication from the Admin- Services. vestment Act Regulations’’ (((RIN1557– istrator, Agricultural Marketing Service, EC–420. A communication from the Direc- AD19)(RIN3064–AD39)(RIN1550–AC29))) re- Department of Agriculture, transmitting, tor, Defense Procurement, Acquisition Pol- ceived in the Office of the President of the pursuant to law, the report of a rule entitled icy, and Strategic Sourcing, Department of Senate on January 8, 2009; to the Committee ‘‘Pears Grown in Oregon and Washington; Defense, transmitting, pursuant to law, the on Banking, Housing, and Urban Affairs. Section 610 Review’’ ((Docket No. AMS–FV– report of a rule entitled ‘‘Defense Federal EC–428. A communication from the Acting 08–0008)(FV08–927–610)) received in the Office Acquisition Regulation Supplement; Steel Director of the Office of Sustainable Fish- of the President of the Senate on January 7, for Military Construction Projects’’ eries, National Marine Fisheries Service, De- 2009; to the Committee on Agriculture, Nu- (RIN0750–AG16) received in the Office of the partment of Commerce, transmitting, pursu- trition, and Forestry. President of the Senate on January 9, 2009; ant to law, the report of a rule entitled EC–411. A communication from the Direc- to the Committee on Armed Services. ‘‘Fisheries of the Exclusive Economic Zone tor of the Regulatory Review Group, Com- EC–421. A communication from the Direc- Off Alaska; Greenland Turbot and Rougheye modity Credit Corporation, Department of tor, Defense Procurement, Acquisition Pol- Rockfish in the Bering Sea and Aleutian Is- Agriculture, transmitting, pursuant to law, icy, and Strategic Sourcing, Department of lands Management Area’’ (RIN0648–XM30) re- the report of a rule entitled ‘‘Direct and Defense, transmitting, pursuant to law, the ceived in the Office of the President of the Counter-Cyclical Program and Average Crop report of a rule entitled ‘‘Defense Federal Senate on January 9, 2009; to the Committee Revenue Election Program’’ (RIN0560–AH84) Acquisition Regulation Supplement; Pilot on Commerce, Science, and Transportation. received in the Office of the President of the Program for Transition to Follow-On Con- EC–429. A communication from the Acting Senate on January 8, 2009; to the Committee tracting After Use of Other Transaction Au- Director of the Office of Sustainable Fish- on Agriculture, Nutrition, and Forestry. thority’’ (RIN0750–AG17) received in the Of- eries, National Marine Fisheries Service, De- EC–412. A communication from the Under fice of the President of the Senate on Janu- partment of Commerce, transmitting, pursu- Secretary, Food, Nutrition, and Consumer ary 9, 2009; to the Committee on Armed Serv- ant to law, the report of a rule entitled Services, Department of Agriculture, trans- ices. ‘‘Fisheries of the Northeastern United mitting, pursuant to law, the report of a rule EC–422. A communication from the Direc- States; Atlantic Bluefish Fishery; Quota entitled ‘‘Verification of Eligibility for Free tor, Defense Procurement, Acquisition Pol- Transfer’’ (RIN0648–XM22) received in the Of- and Reduced Price Meals in the National icy, and Strategic Sourcing, Department of fice of the President of the Senate on Janu- School Lunch and School Breakfast Pro- Defense, transmitting, pursuant to law, the ary 9, 2009; to the Committee on Commerce, grams’’ (RIN0584–AD61) received in the Office report of a rule entitled ‘‘Defense Federal Science, and Transportation. of the President of the Senate on January 8, Acquisition Regulation Supplement; Con- EC–430. A communication from the Chief of 2009; to the Committee on Agriculture, Nu- tract Actions Supporting Contingency Oper- Staff, Media Bureau, Federal Communica- trition, and Forestry. ations or Facilitating Defense Against or Re- tions Commission, transmitting, pursuant to

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.027 S12JAPT1 wwoods2 on PRODPC68 with SENATE S308 CONGRESSIONAL RECORD — SENATE January 12, 2009 law, the report of a rule entitled ‘‘Amend- Whereas, government has an obligation to INTRODUCTION OF BILLS AND ment of Section 73.622(i), Final DTV Table of promote economic activity through the cre- JOINT RESOLUTIONS Allotments, Television Broadcast Stations; ation of new capital investment, which will Casper, Wyoming’’ (MB Docket No. 08–108) result in the expansion of employment op- The following bills and joint resolu- received in the Office of the President of the portunities and help jump-start long-term tions were introduced, read the first Senate on January 7, 2009; to the Committee capital investment by private investors; and and second times by unanimous con- on Commerce, Science, and Transportation. Whereas, as government leaders, we must sent, and referred as indicated: EC–431. A communication from the Chief of ensure the continued viability of our auto- By Mr. BARRASSO: Staff, Media Bureau, Federal Communica- motive and machine tool industries, which is S. 201. A bill to amend the Internal Rev- tions Commission, transmitting, pursuant to a vital element of the State and federal enue Code of 1986 to extend the additional law, the report of a rule entitled ‘‘Amend- economy; and standard deduction for real property taxes ment of Section 73.622(i), Final DTV Table of Whereas, diversification of the productive for nonitemizers for 2010; to the Committee Allotments, Television Broadcast Stations; potential of the automotive and machine on Finance. Hayes Center, Nebraska’’ (MB Docket No. 08– tool industries into a broader sector of pro- By Mr. ENSIGN (for himself, Mr. NEL- 193) received in the Office of the President of duction, coupled with a shift into the domain SON of Florida, Mr. FEINGOLD, Mr. the Senate on January 7, 2009; to the Com- of essential capital goods and economic in- DORGAN, and Mr. CORKER): mittee on Commerce, Science, and Transpor- frastructure, such as the repair, expansion, S. 202. A bill to improve consumer access tation. and improvement of our national railway to passenger vehicle loss data held by insur- EC–432. A communication from the Chief of systems, and the development of other ur- ers; to the Committee on Commerce, Staff, Media Bureau, Federal Communica- gently needed infrastructure projects, will Science, and Transportation. tions Commission, transmitting, pursuant to save existing manufacturing jobs and create By Mrs. FEINSTEIN (for herself and law, the report of a rule entitled ‘‘Amend- large new areas of employment in infrastruc- Mr. KYL): ment of Section 73.622(i), Final DTV Table of ture and manufacturing for our citizenry in S. 203. A bill to amend the Immigration Allotments, Television Broadcast Stations; a manner comparable to the best of the New and Nationality Act to modify the require- Huntsville, Alabama’’ (MB Docket No. 08– Deal programs that rescued the nation and ments for participation in the visa waiver 105) received in the Office of the President of the world from the ravages of the Great De- program and for other purposes; to the Com- the Senate on January 7, 2009; to the Com- pression; and mittee on the Judiciary. mittee on Commerce, Science, and Transpor- Whereas, the impact of this intervention By Mr. KOHL (for himself, Mr. BROWN, tation. will be to provide thousands of productive Mr. SPECTER, Mr. LEAHY, Mr. GRASS- EC–433. A communication from the Chief of jobs in the state of New Jersey, repair our LEY, Mr. FEINGOLD, Ms. SNOWE, Mr. Staff, Media Bureau, Federal Communica- infrastructure, and create at least ten mil- SCHUMER, Mr. DURBIN, Mr. LEVIN, and tions Commission, transmitting, pursuant to lion jobs nationally, thus restoring our tax Mr. LAUTENBERG): law, the report of a rule entitled ‘‘Amend- base and increasing the standard of living: S. 204. A bill to amend the Sherman Act to ment of Section 73.622(i), Final DTV Table of Now, therefore; be it make oil-producing and exporting cartels il- Allotments, Television Broadcast Stations; Resolved by the Senate of the State of New legal; to the Committee on the Judiciary. Kansas City, ’’ (MB Docket No. 08– Jersey: By Mr. BINGAMAN (for himself, Mrs. 111) received in the Office of the President of HUTCHISON, Mrs. FEINSTEIN, Mr. DUR- the Senate on January 7, 2009; to the Com- l. The Senate of the State of New Jersey respectfully memorializes the Congress of BIN, Mr. MCCAIN, and Mr. KYL): mittee on Commerce, Science, and Transpor- S. 205. A bill to authorize additional re- tation. the United States to intervene on behalf of national economic interests to ensure that sources to identify and eliminate illicit EC–434. A communication from the Chief of sources of firearms smuggled into Mexico for Staff, Media Bureau, Federal Communica- the productive potential of the automobile industry, with its featured technology and use by violent drug trafficking organiza- tions Commission, transmitting, pursuant to tions, and for other purposes; to the Com- law, the report of a rule entitled ‘‘Amend- machine tool capability, be protected. 2. The Senate of the State of New Jersey mittee on the Judiciary. ment of Section 73.622(i), Final DTV Table of By Mrs. BOXER: Allotments, Television Broadcast Stations; respectfully memorializes the Congress of the United States to intervene to vastly ex- S. 206. A bill to amend the Elementary and Sioux City, Iowa’’ (MB Docket No. 08–109) re- Secondary Education Act of 1965 to establish ceived in the Office of the President of the pand the construction and maintenance of infrastructure projects and related indus- a program to help States expand the edu- Senate on January 7, 2009; to the Committee cation system to include at least 1 year of on Commerce, Science, and Transportation. tries. 3. Duly authenticated copies of this resolu- early education preceding the year a child f tion, signed by the President of the Senate enters kindergarten; to the Committee on PETITIONS AND MEMORIALS and attested by the Secretary thereof, shall Health, Education, Labor, and Pensions. be transmitted to each member of New Jer- By Mrs. BOXER: The following petitions and memo- sey’s congressional delegation and to the S. 207. A bill to amend the Internal Rev- rials were laid before the Senate and Speaker and Clerk of the United States enue Code of 1986 to allow a deduction for were referred or ordered to lie on the House of Representatives, Washington, D.C., health insurance premiums; to the Com- table as indicated: and the President and Secretary of the mittee on Finance. By Mrs. BOXER: POM–1. A resolution adopted by the Senate , Washington, D.C. S. 208. A bill to provide Federal coordina- of the State of New Jersey memorializing tion and assistance in preventing gang vio- Congress to protect the automobile industry POM–2. A resolution adopted by the Com- lence; to the Committee on the Judiciary. and expand national infrastructure projects mission of Wayne County of the State of By Mrs. BOXER: and related industries; to the Committee on Michigan relative to supporting the United S. 209. A bill to amend the Internal Rev- Banking, Housing, and Urban Affairs. States Congress rescue plan to offer low-in- enue Code of 1986 to modify and extend the SENATE RESOLUTION NO. 37 terest loans to Ford Motor Co., General Mo- credit for alternative motor vehicles, and for Whereas, a number of specialists have tors Corp., and Chrysler LLC to insure the other purposes; to the Committee on Fi- warned that the collapse of the national viability of the U.S. auto industry; to the nance. economy could occur if certain stop-gap and Committee on Banking, Housing, and Urban By Mrs. BOXER: long-term actions are not implemented to Affairs. S. 210. A bill to amend the Internal Rev- overcome the problems facing the auto- POM–3. A report from a sportsmen club of enue Code of 1986 to increase the credit for motive and machine tool sectors of our econ- Washington State relative to a Department employers establishing workplace child care omy; and of Agriculture, Forest Service report; to the facilities, to increase the child care credit to Whereas, the loss of the physical capabili- Committee on Energy and Natural Re- encourage greater use of quality child care ties of the automotive industry, especially sources. services, to provide incentives for students its tool sector, could mean the end of Amer- POM–4. A report from the Florida Depart- to earn child care-related degrees and to ica’s status as a leading world economic ment of State, Commission of Office, relative work in child care facilities, and to increase power; and to the Minority Appointment Reporting the exclusion for employer-provided depend- Whereas, while it is in the best interests of Form for 2007; to the Committee on Rules ent care assistance; to the Committee on Fi- our national security to have a strong, vi- and Administration. nance. brant manufacturing and industrial sector, POM–5. A report from the Florida Depart- By Mrs. CLINTON (for herself, Mr. capable of producing the necessary machin- ment of State, Commission of Office, relative BURR, Mr. AKAKA, Mr. BROWN, Ms. ery and technology to defend the citizens of to the Minority Appointment Reporting CANTWELL, Mr. CASEY, Ms. COLLINS, the United States and protect our interests Form for 2007; to the Committee on Rules Mr. DURBIN, Mrs. FEINSTEIN, Mr. abroad, our manufacturing and industrial and Administration. INOUYE, Mr. KERRY, Ms. LANDRIEU, sector has experienced a dramatic reduction POM–6. A report from a textile corporation Mr. LAUTENBERG, Mr. LEVIN, Mr. in capacity and production over the last sev- relative to Senate material; to the Com- LUGAR, Mr. MENENDEZ, Ms. MIKULSKI, eral decades; and mittee on Rules and Administration. Mrs. MURRAY, Mr. ROBERTS, Mr.

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.029 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S309 SCHUMER, Ms. SNOWE, Mr. SPECTER, lina (Mr. DEMINT) was added as a co- The Visa Waiver Program leaves Ms. STABENOW, and Mr. WHITEHOUSE): sponsor of S. 85, a bill to amend title X open both a major gap in our domestic S. 211. A bill to facilitate nationwide avail- of the Public Health Service Act to security and a way to exploit our im- ability of 2–1–1 telephone service for infor- mation and referral on human services and prohibit family planning grants from migration laws. The Strengthening the volunteer services, and for other purposes; to being awarded to any entity that per- Visa Waiver Program to Secure Amer- the Committee on Health, Education, Labor, forms abortions. ica Act would give the Department of and Pensions. S. 133 Homeland Security, DHS, new tools to By Mrs. BOXER (for herself and Mrs. At the request of Mrs. FEINSTEIN, the secure the Visa Waiver Program, con- FEINSTEIN): name of the Senator from Maryland sistent with the recommendations S. 212. A bill to expand the boundaries of (Mr. CARDIN) was added as a cosponsor the Gulf of the Farallones National Marine made by the 9/11 Commission. Sanctuary and the Cordell Bank National of S. 133, a bill to prohibit any recipi- The bill would set a maximum low Marine Sanctuary, and for other purposes; to ent of emergency Federal economic as- visa overstay rate for all visa waiver the Committee on Commerce, Science, and sistance from using such funds for lob- program countries; require a reevalua- Transportation. bying expenditures or political con- tion of visa waiver program countries By Mrs. BOXER (for herself and Ms. tributions, to improve transparency, within 1 year; mandate that the admin- SNOWE): enhance accountability, encourage re- istration will lose its authority to con- S. 213. A bill to amend title 49, United sponsible corporate governance, and for tinue to expand the program if it does States Code, to ensure air passengers have access to necessary services while on a other purposes. not track 97 percent of those exiting grounded air carrier, and for other purposes; S. 160 and departing at our airports—based on to the Committee on Commerce, Science, At the request of Mr. LIEBERMAN, the arrival data, not just departure data; and Transportation. name of the Senator from Maryland require an audit of the electronic trav- By Mr. BINGAMAN (for himself, Mr. (Ms. MIKULSKI) was added as a cospon- el authorization system, ESTA; and re- LEAHY, Mr. LIEBERMAN, and Mr. sor of S. 160, a bill to provide the Dis- quire current visa waiver countries to CARDIN): trict of Columbia a voting seat and the S. 214. A bill to amend title XXI of the So- report on lost or stolen visas in order cial Security Act to permit qualifying States State of Utah an additional seat in the to remain in the visa waiver program. to use their allotments under the State Chil- House of Representatives. Senator KYL and I have held multiple dren’s Health Insurance Program for any fis- S. 166 hearings over the years and time and cal year for certain Medicaid expenditures; At the request of Mrs. HUTCHISON, the time again we have expressed concern to the Committee on Finance. name of the Senator from Alaska (Ms. and requested improvements, but no f MURKOWSKI) was added as a cosponsor changes have been forthcoming in how SUBMISSION OF CONCURRENT AND of S. 166, a bill to amend title VII of the Department of Homeland Security SENATE RESOLUTIONS the Civil Rights Act of 1964 to clarify intends to implement this program. the filing period applicable to charges The hearings and the recent Govern- The following concurrent resolutions of discrimination, and for other pur- ment Accountability Office report and Senate resolutions were read, and poses. found that the administration is not referred (or acted upon), as indicated: S. RES. 4 doing what it should to secure the pro- By Mr. SPECTER (for himself, Mr. At the request of Mr. VITTER, the gram. Instead, the Visa Waiver Pro- COBURN, and Mr. ALEXANDER): name of the Senator from South Caro- gram has continued to expand without S. Res. 12. A resolution to amend the Standing Rules of the Senate to prohibit fill- lina (Mr. DEMINT) was added as a co- meeting the security needs of our coun- ing the tree; to the Committee on Rules and sponsor of S. Res. 4, a resolution ex- try. Administration. pressing the sense of the Senate that In fact, just today the administration f the Supreme Court of the United has announced that it has met the States erroneously decided Kennedy v. deadline for the electronic travel au- ADDITIONAL COSPONSORS Louisiana, No. 07–343 (2008), and that thorization system, ESTA, to be fully S. 34 the eighth amendment to the Constitu- operational. However, the GAO report At the request of Mr. DEMINT, the tion of the United States allows the found that ESTA—the one security names of the Senator from North Caro- imposition of the death penalty for the check for visa waiver travelers prior to lina (Mr. BURR) and the Senator from rape of a child. arrival at our Nation’s airports—has (Mr. COCHRAN) were added AMENDMENT NO. 7 not been implemented effectively by as cosponsors of S. 34, a bill to prevent At the request of Mr. COBURN, the the administration to make it a work- the Federal Communications Commis- name of the Senator from Wisconsin able system for the airlines and embas- sion from repromulgating the fairness (Mr. FEINGOLD) was added as a cospon- sies. doctrine. sor of amendment No. 7 intended to be The GAO report also found that the S. 61 proposed to S. 22, a bill to designate administration is still unable to track At the request of Mr. DURBIN, the certain land components of the Na- who comes in and out of this country. name of the Senator from Wisconsin tional Wilderness Preservation Sys- This is especially significant given (Mr. FEINGOLD) was added as a cospon- tem, to authorize certain programs and that the program was recently ex- sor of S. 61, a bill to amend title 11 of activities in the Department of the In- panded to countries with high visa the United States Code with respect to terior and the Department of Agri- overstay rates, bringing the number of modification of certain mortgages on culture, and for other purposes. participating countries to 35. principal residences, and for other pur- f This means that for the citizens of 35 poses. countries—including Australia, Singa- S. 64 STATEMENTS ON INTRODUCED pore, Slovenia, and the United King- At the request of Mr. INHOFE, the BILLS AND JOINT RESOLUTIONS dom—entering the United States is as names of the Senator from Texas (Mrs. By Mrs. FEINSTEIN (for herself simple as purchasing an airline ticket HUTCHISON), the Senator from Kansas and Mr. KYL): and arriving at the airport with a valid (Mr. ROBERTS), the Senator from Lou- S. 203. A bill to amend the Immigra- passport in hand. isiana (Mr. VITTER), the Senator from tion and Nationality Act to modify the The result is that these travelers not Wisconsin (Mr. FEINGOLD) and the Sen- requirements for participation in the only bypass the interview and individ- ator from Alabama (Mr. SESSIONS) were visa waiver program and for other pur- ualized security screening process, but added as cosponsors of S. 64, a bill to poses; to the Committee on the Judici- they are also lost once they arrive in amend the Emergency Economic Sta- ary. the U.S. because DHS is only checking bilization Act to require approval by Mrs. FEINSTEIN. Mr. President, I when individuals depart at our air- the Congress for certain expenditures rise today to introduce a bill on behalf ports, not if they overstay their visit. for the Troubled Asset Relief Program. of myself and Senator KYL to mitigate It is estimated that 40 percent of the S. 85 the immigration and security risks as- current undocumented population are At the request of Mr. VITTER, the sociated with the Visa Waiver Program people who have overstayed their visas. name of the Senator from South Caro- and its expansion. That means that if there are 12 million

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.037 S12JAPT1 wwoods2 on PRODPC68 with SENATE S310 CONGRESSIONAL RECORD — SENATE January 12, 2009 undocumented people now in the U.S., SECTION 1. SHORT TITLE. try’s visa overstay rate does not exceed 2 4.8 million people overstayed their This Act may be cited as the ‘‘Strength- percent. visa. The Visa Waiver Program is the ening the Visa Waiver Program to Secure (d) LIMITATION ON NEW PROGRAM COUN- America Act’’. TRIES.—Notwithstanding any other provision achilles heel of our immigration sys- of law, the Secretary may not designate a tem. SEC. 2. DEFINITIONS. In this Act: country as a program country until after the The security risks associated with date that the Secretary certifies to Congress (1) PROGRAM COUNTRY.—The term ‘‘pro- the Visa Waiver Program are even gram country’’ means a country designated that the requirements of subsection (a) have been met. greater—Our Nation’s security experts as a program country under section 217(c)(1) have stated repeatedly that the pro- of the Immigration and Nationality Act (8 SEC. 5. ARRIVAL AND DEPARTURE VERIFICATION. U.S.C. 1187(c)(1)). gram provides an attractive option to (a) REQUIREMENT FOR VERIFICATION.— (2) SECRETARY.—Except as otherwise pro- terrorists looking to do Americans (1) IN GENERAL.—Subparagraph (A) of sec- vided, the term ‘‘Secretary’’ means the Sec- harm. tion 217(c)(8) of the Immigration and Nation- retary of Homeland Security. At a Senate Judiciary Committee ality Act (8 U.S.C. 1187(c)(8)) is amended— (3) VISA WAIVER PROGRAM.—The term ‘‘visa (A) in clause (i)— hearing on September 27, 2007, DNI Di- waiver program’’ means the visa waiver pro- (i) by striking ‘‘can verify’’ and inserting rector Mike McConnell testified that gram carried out under section 217 of the Im- ‘‘verifies’’; Al Qaeda is purposefully recruiting Eu- migration and Nationality Act (8 U.S.C. (ii) by inserting ‘‘arrival and’’ before ‘‘de- 1187). ropeans because they do not require a parture’’; and visa to come into this country. SEC. 3. ENFORCEMENT OF REQUIREMENT TO RE- (iii) by inserting ‘‘entry and’’ before As Director McConnell said, this tac- PORT LOST OR STOLEN PASSPORTS. ‘‘exit’’; and tic gives Al Qaeda ‘‘an extra edge in (a) ENFORCEMENT OF EXISTING REQUIRE- (B) in clause (ii) by inserting ‘‘entry and’’ getting an operative or two or three MENT.—Not later than 180 days after the date before ‘‘exit’’. of the enactment of this Act, each program into the country with the ability to (2) CONFORMING AMENDMENT.—Subpara- country shall have in effect an agreement graph (C) of such section 217(c)(8) is amended carry out an attack that might be with the United States as required by sec- reminiscent of 9–11.’’ by inserting ‘‘entry and’’ before ‘‘exit’’. tion 217(c)(2)(D) of the Immigration and Na- (b) LIMITATION ON NEW PROGRAM COUN- Secretary Chertoff reiterated these tionality Act (8 U.S.C. 1187(c)(2)(D)). TRIES.—Notwithstanding any other provision concerns when he stated that ‘‘terror- (b) FAILURE TO AGREE TO REPORT.— of law, the Secretary may not designate a ists are increasingly looking to Europe (1) SUSPENSION FROM THE PROGRAM.—If a country as a program country until after the as both a target and a platform for ter- program country does not meet the require- date that the Secretary certifies to Congress rorist attacks’’ against the United ments of subsection (a), the Secretary, in that the requirements of clause (i) of sub- consultation with the Secretary of State, section (c)(8)(A) of section 217 of the Immi- States. shall immediately suspend the program gration and Nationality Act, as amended by In an interview with BBC’s ‘‘World country’s participation in the visa waiver subsection (a)(1), are met. News America,’’ Secretary Chertoff ac- program. (c) AUDIT.— knowledged, ‘‘the first time we encoun- (2) RESTORATION TO THE PROGRAM.—With (1) REQUIREMENT TO CONDUCT.—Not later ter [visa waiver travelers] is when they respect to a country that is suspended from than 180 days after the date that the certifi- arrive in the United States and that participation in the visa waiver program cation described in clause (i) of subsection creates a very small window of oppor- under paragraph (1), the Secretary shall re- (c)(8)(A) of section 217 the Immigration and store the country’s participation on the date Nationality Act (8 U.S.C. 1187), as amended tunity to check them out.’’ that the Secretary determines that the coun- by subsection (a)(1), is submitted to Con- These security risks are particularly try meets the requirements of paragraph (1). gress, the Comptroller of the United States apparent when we look at the statistics (c) LIMITATION ON NEW PROGRAM COUN- shall conduct an audit of the travel author- on the number of fraudulent and stolen TRIES.—Notwithstanding any other provision ization system described in subsection (h)(3) passports and other international docu- of law, the Secretary may not designate a of that section and submit a report on such ments. country as a program country until after the audit to Congress. Between January 2002 and June 2004, date that the Secretary certifies to Congress (2) ELEMENTS.—The report by paragraph (1) that the requirements of subsection (a) have shall include— 28 foreign governments, including visa been met. (A) a description of the data collected by waiver countries, reported 56,943 stolen SEC. 4. ENFORCEMENT OF REQUIREMENT FOR such system; blank foreign passports to the State PERIODIC EVALUATIONS OF PRO- (B) the number of individuals who were Department. And just this summer, a GRAM COUNTRIES. identified by such system as being in viola- security van in London was hijacked, (a) ENFORCEMENT OF EXISTING REQUIRE- tion of the immigration laws, disaggregated resulting in the loss of 3,000 blank Brit- MENT.—Not later than 1 year after the date by country; and ish passports and visas that were des- of the enactment of this Act, the Secretary, (C) an explanation of any problems in im- tined for overseas embassies. in consultation with the Secretary of State, plementing such system encountered during shall evaluate under section 217(c)(5)(A) of the early stages of implementation to better DHS’s own Inspector General, Clark the Immigration and Nationality Act (8 identify high-risk travelers and countries of Ervin has testified that: ‘‘The lost and U.S.C. 1187(c)(5)(A)) each program country origin of such travelers. stolen passport problem is the greatest that was designated as a program country SEC. 6. VISA OVERSTAY RATES. security problem associated with the prior to January 1, 2009. Such evaluation Subparagraph (C) of section 217(c)(8) of the Visa Waiver Program. Our country is shall include the visa overstay rate for each Immigration and Nationality Act (8 U.S.C. vulnerable because gaps in our treat- program country for the 1-year period ending 1187(c)(8)), as amended by section 5(a)(2), is ment of lost and stolen passports re- on the date of the enactment of this Act. further amended— main.’’ (b) VISA OVERSTAY RATE DEFINED.—In this (1) in clause (i), by striking the period at section, the term ‘‘visa overstay rate’’ has the end of the first sentence and inserting ‘‘, The Strengthening the Visa Waiver the meaning given that term in section except that in no case may a maximum visa Program to Secure America Act would 217(c)(8)(C) of the Immigration and Nation- overstay rate exceed 2 percent.’’; put necessary security checks firmly in ality Act (8 U.S.C. 1187(c)(8)(C)), as amended (2) by redesignating clause (iii) as clause place and provide greater program by section 6. (iv); oversight. (c) FAILURE TO COMPLY WITH PROGRAM RE- (3) by inserting after clause (ii) the fol- We must act now to secure the Visa QUIREMENTS.— lowing: Waiver Program. I urge my colleagues (1) SUSPENSION FROM THE PROGRAM.—If the ‘‘(iii) DATA COMPILATION.—The Secretary of periodic evaluation prepared under sub- Homeland Security shall compile data from to support this bill. section (a) shows that a program country has all appropriate databases to determine the Mr. President, I ask unanimous con- a visa overstay rate that exceeds 2 percent, visa overstay rate for each country. Such sent that the text of the bill be printed the Secretary, in consultation with the Sec- databases shall include— in the RECORD. retary of State, shall immediately suspend ‘‘(I) the Advanced Passenger Information There being no objection, the text of the program country’s participation in the System (APIS); the bill was ordered to be printed in visa waiver program. ‘‘(II) the Automated Fingerprint Identi- (2) RESTORATION TO THE PROGRAM.—With fication System (IDENT); the RECORD, as follows: respect to a country that is suspended from ‘‘(III) the Central Index System (CIS); S. 203 participation in the visa waiver program ‘‘(IV) the Computer Linked Application In- Be it enacted by the Senate and House of Rep- under paragraph (1), the Secretary shall re- formation Management Systems (CLAIMS); resentatives of the United States of America in store the country’s participation on the date ‘‘(V) the Deportable Alien Control System Congress assembled, that the Secretary determines that the coun- (DACS);

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.045 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S311 ‘‘(VI) the Integrated Automated Finger- us—the global oil cartel remains a and, ultimately, the President. They print Identification System (IAFIS); major force conspiring to raise oil can use this tool as they see fit—to file ‘‘(VII) the Nonimmigrant Information Sys- prices to the detriment of American a legal action, to jawbone OPEC in dip- tem (NIIS); consumers. lomatic discussions, or defer from any ‘‘(VIII) the Reengineered Naturalization The recent actions of the OPEC car- Applications Casework Systems (RNACS); action should they judge foreign policy and tel demonstrate the dangers it pre- or other considerations warrant it. ‘‘(IX) the Refugees, Asylum, and Parole sents. OPEC is doing everything it can NOPEC will also make plain that the System (RAPS).’’; and to raise oil prices. On October 24, 2008, nations of OPEC cannot hide behind (4) by adding at the end the following: OPEC agreed to cut production by 1.5 the doctrines of ‘‘sovereign immunity’’ ‘‘(v) ANNUAL REPORT.—Not less frequently million barrels a day, don December 17 or ‘‘act of state’’ to escape the reach of than once each fiscal year, the Secretary of OPEC agreed to a further 2.2 million American justice. In so doing, our Homeland Security shall submit to the Com- barrels a day production cut. The amendment will overrule one 28 year mittee on Foreign Relations and the Com- OPEC cartel makes no secret of its mo- old lower court decision which incor- mittee on the Judiciary of the Senate and the Committee on Foreign Affairs and the tivation for these production cuts. rectly failed to recognize that the ac- Committee on the Judiciary of the House of OPEC President Chaib Khelil put it tions of OPEC member nations was Representatives a report describing the visa very simply in an interview published commercial activity exempt from the overstay rate for the previous fiscal year of December 23, 2008, ‘‘Without these cuts, protections of sovereign immunity. each country designated as a program coun- I don’t think we’d be seeing $43 [per The most fundamental principle of a try under paragraph (1).’’. barrel] today, we’d have seen in the free market is that competitors cannot $20s. . . . [H]opefully by the third quar- be permitted to conspire to limit sup- By Mr. KOHL (for himself, Mr. ter [of 2009] we will see prices rising.’’ ply or fix price. There can be no free BROWN, Mr. SPECTER, Mr. In another interview in December, market without this foundation. We LEAHY, Mr. GRASSLEY, Mr. Khelil was quoted as saying ‘‘The should not permit any nation to flout FEINGOLD, Ms. SNOWE, Mr. stronger the decision [to cut produc- this fundamental principle. SCHUMER, Mr. DURBIN, Mr. tion], the faster prices will pick up.’’ Some critics of this legislation have LEVIN, and Mr. LAUTENBERG): And if the price of crude oil begins to argued that suing OPEC will not work S. 204. A bill to amend the Sherman rise again as a result of these actions or that threatening suit will hurt more Act to make oil-producing and export- by OPEC, there is no doubt that mil- than help. I disagree. Our NOPEC legis- ing cartels illegal; to the Committee lions of American consumers will feel lation will, for the first time, enable on the Judiciary. Mr. KOHL. Mr. President, I rise the pinch every time they visit the gas our Justice Department to take legal today to introduce, with ten of my col- pump. The Federal Trade Commission action to combat the illegitimate leagues, the No Oil Producing and Ex- has estimated that 85 percent of the price-fixing conspiracy of the oil car- porting Cartels Act, NOPEC. This leg- variability in the cost of gasoline is the tel. It will, at a minimum, have a real islation will authorize our Govern- result of changes in the cost of crude deterrent effect on nations that seek to ment, for the first time, to take action oil. join forces to oil prices to the det- against the illegal conduct of the OPEC Such blatantly anti-competitive con- riment of consumers. This legislation oil cartel. It is time for the U.S. Gov- duct by the oil cartel violates the most will be the first real weapon the U.S. ernment to fight back on efforts to fix basic principles of fair competition and Government has ever had to deter the price of oil and hold OPEC account- free markets and should not be toler- OPEC from its seemingly endless cycle able when it acts illegally. Our amend- ated. If private companies engaged of supply cutbacks designed to raise ment will hold OPEC member nations such an international price fixing con- price. It will mean that OPEC member to account under U.S. antitrust law spiracy, there would no question that nations will face the possibility of real when they agree to limit supply or fix it would be illegal. The actions of and substantial antitrust sanctions price in violation of the most basic OPEC should be treated no differently should they persist in their illegal con- principles of free competition. because it is a conspiracy of nations. duct. It will also deter additional na- NOPEC will authorize the Attorney For years, this price fixing con- tions who may today be considering General to file suit against nations or spiracy of OPEC nations has unfairly joining OPEC. other entities that participate in a con- driven up the cost of imported crude oil I urge my colleagues to support our spiracy to limit the supply, or fix the to satisfy the greed of the oil export- NOPEC legislation so that our Nation price, of oil. In addition, it will specify ers. We have long decried OPEC, but, will finally have an effective means to that the doctrines of sovereign immu- sadly, no one in Government has yet combat this price-fixing conspiracy of nity and act of state do not exempt na- tried to take any action. This NOPEC oil-rich nations. tions that participate in oil cartels legislation will, for the first time, es- Mr. President, I ask unanimous con- from basic antitrust law. I have intro- tablish clearly and plainly that when a sent that the text of the bill be printed duced this legislation in each Congress group of competing oil producers like in the RECORD. since 2000. This legislation passed the the OPEC nations act together to re- There being no objection, the text of full Senate by a vote of 70–23 in June strict supply or set prices, they are vio- the bill was ordered to be printed in 2007 as an amendment to the 2007 En- lating U.S. law. the RECORD, as follows: ergy Bill before being stripped from It is also important to point out that S. 204 that bill in the conference committee. this legislation will not authorize pri- Be it enacted by the Senate and House of Rep- The identical House version of NOPEC vate lawsuits. It only authorizes the resentatives of the United States of America in passed the other body as stand alone Attorney General to file suit under the Congress assembled, legislation in May 2007 by an over- antitrust laws for redress. It will al- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘No Oil Pro- whelming 345–72 vote. It is now time ways be in the discretion of the Justice Department and the President as to ducing and Exporting Cartels Act of 2009’’ or for us to at last pass this legislation ‘‘NOPEC’’. whether to take action to enforce into law and give our Nation a long SEC. 2. SHERMAN ACT. needed tool to counteract this per- NOPEC. Our legislation will not re- The Sherman Act (15 U.S.C. 1 et seq.) is nicious and anti-consumer conspiracy. quire the Government to bring a legal amended by adding after section 7 the fol- Throughout 2007 and 2008, crude oil action against OPEC member nations, lowing: and gasoline prices marched steadily and no private party will have the abil- ‘‘SEC. 7A. OIL PRODUCING CARTELS. upwards, peaking last summer at over ity to bring such an action. This deci- ‘‘(a) IN GENERAL.—It shall be illegal and a $140 per barrel for crude and well over sion will entirely remain in the discre- violation of this Act for any foreign state, or $4 per gallon for gasoline. In recent tion of the executive branch. Our any instrumentality or agent of any foreign months, of course, these prices have NOPEC legislation will give our law en- state, to act collectively or in combination with any other foreign state, any instrumen- plummeted as demand has dropped due forcement agencies a tool to employ tality or agent of any other foreign state, or to the serious global economic reces- against the oil cartel—but the decision any other person, whether by cartel or any sion. But the recent declines in crude on whether to use this tool will en- other association or form of cooperation or oil and gasoline prices should not fool tirely be up to the Justice Department joint action—

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.047 S12JAPT1 wwoods2 on PRODPC68 with SENATE S312 CONGRESSIONAL RECORD — SENATE January 12, 2009 ‘‘(1) to limit the production or distribution care to the wounded under armed of firearms or places any additional re- of oil, natural gas, or any other petroleum guard. And in New Mexico, we had to strictions on licensed dealers. This ef- product; briefly shut down the Columbus Port of fort is only focused on enhancing the ‘‘(2) to set or maintain the price of oil, nat- Entry due to gun battles in the Mexi- investigative capabilities of the ATF ural gas, or any petroleum product; or ‘‘(3) to otherwise take any action in re- can border town of Palomas and pro- with regard to arms trafficking in straint of trade for oil, natural gas, or any vide police escorts to school buses pass- order to weed out the bad actors and to petroleum product; ing through the area. At one point this ensure that weapons aren’t being ille- when such action, combination, or collective last year, the entire police force in gally smuggled across the border. action has a direct, substantial, and reason- Palomas resigned due to threats by The United States has traditionally ably foreseeable effect on the market, sup- drug traffickers and the Chief of Police focused on enhancing efforts to prevent ply, price, or distribution of oil, natural gas, fled to the United States to seek asy- illegal narcotics from being smuggled or other petroleum product in the United States. lum. into the county. While we obviously ‘‘(b) SOVEREIGN IMMUNITY.—A foreign state Besides the horrific human toll this need to dedicate resources toward this engaged in conduct in violation of subsection violence is having on communities end, we also should be taking a com- (a) shall not be immune under the doctrine throughout Mexico, it also impacts the prehensive approach that recognizes of sovereign immunity from the jurisdiction overall economy of the border region. that the northbound flow of narcotics or judgments of the courts of the United Everyday thousands of people travel is dependent on the southbound flow of States in any action brought to enforce this back and forth between the United weapons and currency. Denying traf- section. States and Mexico for business and ‘‘(c) INAPPLICABILITY OF ACT OF STATE DOC- fickers the proceeds of drug sales and TRINE.—No court of the United States shall pleasure. This flow of people and goods the ability to heavily arm their cartels decline, based on the act of state doctrine, to is an essential aspect of maintaining is essential in reducing the drug flow make a determination on the merits in an healthy economic activity on both into the United States. action brought under this section. sides of the border. However, the cur- It is insufficient to simply rely on ‘‘(d) ENFORCEMENT.—The Attorney General rent security situation is hampering Mexican authorities to stop the flow of of the United States may bring an action to bilateral trade, new business ventures, guns going into their country. Drug enforce this section in any district court of the United States as provided under the anti- and tourism. In these tough economic trafficking is a transnational threat trust laws.’’. times, the violence exacerbates an al- and the solution must involve sus- SEC. 3. SOVEREIGN IMMUNITY. ready bad economic environment. tained cooperation between the United Section 1605(a) of title 28, United States The United States has taken some States and Mexico. We must do more Code, is amended— important steps to help Mexico fight on our side of the border to disrupt (1) in paragraph (6), by striking ‘‘or’’ after drug traffickers, such as increasing bi- weapons smuggling if we are going to the semicolon; lateral cooperation and providing sub- be successful in combating drug car- (2) in paragraph (7), by striking the period stantial financial assistance as part of tels. and inserting ‘‘; or’’; and the Merida initiative. However, there is Instability and violence in Mexico is (3) by adding at the end the following: ‘‘(8) in which the action is brought under much more that we can be doing to taking a toll on communities on both section 7A of the Sherman Act.’’. help quell this violence. One key area sides of the border. I strongly believe where more can and should be done is that this is an issue that deserves more By Mr. BINGAMAN (for himself, with regard to stopping the flow of attention, and I hope my colleagues Mrs. HUTCHISON, Mrs. FEIN- weapons being smuggled into Mexico will support this bipartisan legislation. STEIN, Mr. DURBIN, Mr. MCCAIN, from the United States. Mr. President, I ask unanimous con- and Mr. KYL): According to the ATF, about 90 per- sent that the text of the bill be printed S. 205. A bill to authorize additional cent of the weapons confiscated in in the RECORD. resources to identify and eliminate il- Mexico come from sources within the There being no objection, the text of licit sources of firearms smuggled into United States because firearms are the bill was ordered to be printed in Mexico for use by violent drug traf- much more readily accessible in the the RECORD, as follows: ficking organizations, and for other United States than in Mexico. These S. 205 purposes; to the Committee on the Ju- weapons are the so-called ‘‘tools of the Be it enacted by the Senate and House of Rep- diciary. trade’’ for narco-traffickers. They are resentatives of the United States of America in Mr. BINGAMAN. Mr. President, I rise the means by which cartels maintain Congress assembled, today to introduce the Southwest Bor- control over drug corridors and the in- SECTION 1. SHORT TITLE. der Violence Reduction Act of 2009. strument they use to execute their This Act may be cited as the ‘‘Southwest This important legislation, which is co- scheme of violence and intimidation. Border Violence Reduction Act of 2009’’. sponsored by Senators HUTCHISON, DUR- In the four U.S. border States there SEC. 2. PROJECT GUNRUNNER. BIN, and FEINSTEIN, is aimed at address- are about 6,600 licensed gun dealers. (a) IN GENERAL.—The Attorney General ing drug-related violence in Mexico by The vast majority of these dealers act shall dedicate and expand the resources pro- reducing the number of weapons that in accordance with the law, but drug vided for the Project Gunrunner initiative of are illegally smuggled into the coun- gangs exploit the availability of weap- the Bureau of Alcohol, Tobacco, Firearms, and Explosives to identify, investigate, and try. ons in the region to supply cartels on prosecute individuals involved in the traf- The ongoing violence in Mexico is the Mexican side of the border with il- ficking of firearms across the international having a devastating impact on the legal high-powered weapons. border between the United States and Mex- country. In 2008, more than 5,300 people The ATF has a very successful initia- ico. were killed in Mexico—this is double tive in place to combat southbound il- (b) ACTIVITIES.—In carrying out this sec- the number in the previous year. Dur- licit weapons trafficking, know as tion, the Attorney General shall— ing this last year, there were over 1,600 Project Gunrunner, but they need more (1) assign additional agents of the Bureau deaths just in Ciudad Juarez. Drug resources to adequately tackle the of Alcohol, Tobacco, Firearms, and Explo- sives to the area of the United States adja- traffickers are warring with each problem. cent to the international border between the other, assassinations of police and gov- The Southwest Border Violence Re- United States and Mexico to support the ex- ernment officials are commonplace, duction Act would provide these much pansion of Project Gunrunner teams; lawyers and journalists have been needed resources. Specially, this legis- (2) establish not fewer than 1 Project Gun- killed, and many innocent civilians lation would authorize $30 million over runner team in each State along the inter- have been caught up in the crossfire. 2 years to expand Project Gunrunner national border between the United States Border communities within the teams in the border region and $19 mil- and Mexico; and United States are also being directly lion to assign agents to U.S. consulates (3) coordinate with the heads of other rel- impacted. Many of the people living in in Mexico to assist Mexican law en- evant Federal law enforcement agencies and State and local law enforcement agencies to this region have strong family ties to forcement with smuggling investiga- address firearms trafficking in a comprehen- Mexico and the violence makes it dif- tions. sive manner. ficult to visit loved ones. U.S. border I would also like to make it clear (c) ADDITIONAL STAFF.—The Attorney Gen- hospitals have had to provide medical that nothing in this bill limits the sale eral may hire Bureau of Alcohol, Tobacco,

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.046 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S313 Firearms, and Explosives agents for, and proving later school performance. The costs. It would help those currently otherwise expend additional resources need- National Research Council reported purchasing coverage to continue to do ed to adequately support, Project Gun- that pre-kindergarten educational op- so, as well as helping people who are runner. portunities are critical in developing uninsured to purchase coverage. (d) AUTHORIZATION OF APPROPRIATIONS.— This legislation is particularly im- There are authorized to be appropriated early language and literacy skills and $15,000,000 for each of fiscal years 2010 and preventing reading difficulties in portant for employees in small busi- 2011 to carry out this section. young children. nesses. Many small businesses across SEC. 3. ENHANCED INTERNATIONAL COOPERA- The future of our Nation’s economy the country have been forced by the TION. depends on the next generation of rising cost of health care to shift an in- (a) IN GENERAL.—The Attorney General, in workers, and high-quality early child- creasing amount of health insurance cooperation with the Secretary of State, hood education is key to preparing costs to their employees. These are shall— them for their careers. In the long run, hard working Americans struggling to (1) assign agents of the Bureau of Alcohol, make ends meet in a weak economy. Tobacco, Firearms, and Explosives to the pre-kindergarten programs pay for themselves. Decades of research have Now more than ever we need legisla- United States mission in Mexico, to work tion that provides targeted assistance with Mexican law enforcement agencies in proven that early education programs conducting investigations relating to fire- yield between $7 to $16 for every dollar to help families pay for health care. I urge my colleagues to support my leg- arms trafficking and other criminal enter- invested. islation. prises; My bill, the Early Education Act, (2) provide the equipment and techno- would create a program in at least 10 logical resources necessary to support inves- By Mrs. BOXER (for herself and tigations and to trace firearms recovered in States to provide 1 year of pre-kinder- Mrs. FEINSTEIN): Mexico; and garten early education in public S. 212. A bill to expand the bound- (3) support the training of Mexican law en- schools. The bill would require a dollar aries of the Gulf of the Farallones Na- forcement officers in serial number restora- for dollar match by the States and tional Marine Sanctuary and the tion techniques, canine explosive detection, would authorize no less than $300 mil- Cordell Bank National Marine Sanc- and antitrafficking tactics. lion annually for these programs. tuary, and for other purposes; to the (b) AUTHORIZATION OF APPROPRIATIONS.— These funds would be used by States to Committee on Commerce, Science, and There are authorized to be appropriated supplement—not supplant—other Fed- $9,500,000 for each of fiscal years 2010 and 2011 Transportation. to carry out this section. eral, State or local funds. This bill Mrs. BOXER. Mr. President, the Gulf would serve almost 150,000 children of the Farallones and Cordell Bank Na- By Mrs. BOXER: across the country. tional Marine Sanctuaries Boundary S. 206. A bill to amend the Elemen- Our children need a solid foundation Modification and Protection Act will tary and Secondary Education Act of that builds on our current education protect one of the world’s most bio- 1965 to establish a program to help system by providing them with early logically-diverse and productive ma- States expand the education system to learning skills. I urge my colleagues to rine regions. I am proud to be joined in include at least 1 year of early edu- support this legislation. this effort by Congresswoman LYNN cation preceding the year a child en- WOOLSEY and Senator DIANNE FEIN- ters kindergarten; to the Committee on By Mrs. BOXER: STEIN. Health, Education, Labor, and Pen- S. 207. A bill to amend the Internal Established in 1981 and 1989 respec- sions. Revenue Code of 1986 to allow a deduc- tively, the Gulf of the Farallones and Mrs. BOXER. Mr. President, today I tion for health insurance premiums; to Cordell Bank National Marine Sanc- rise to reintroduce the Early Education the Committee on Finance. tuaries have helped protect the special Act. Early education is critical to pre- Mrs. BOXER. Mr. President, today I marine waters and coastline that are paring children across our Nation with am introducing the Health Insurance quintessentially Californian. My bill the initial skills and abilities to suc- Tax Relief Act to help our Nation’s will protect an even greater part of my State’s coast by expanding the sanc- cessfully begin their education. While workers and working families deal with tuaries’ boundaries to include more of the amount of support for early edu- dramatic increases in health care northern California’s great coastal cation has been increasing, great dis- costs. The legislation would allow tax- upwelling area, one of only four on the crepancies remain between the quality payers to deduct their health insurance planet. of programs and the level of access premiums up to $2,000 for individuals and $4,000 for families. Upwelling areas are places where from State to State. deeper water comes up to the surface, This bill is a step forward in making While this deduction will certainly not solve all of the problems in our bringing the nutrients needed by ma- a national commitment to giving all rine algae to grow and support all high- children access to high quality pre-kin- health care system, it will provide help for working individuals and families er forms of marine life. Though coastal dergarten programs that have been upwelling areas comprise only 1 per- who have seen health care premium proven to have a solid impact on a cent of the world’s ocean they produce costs drastically rise. Since 1999, the child’s success later in school and in 20 percent of its fish. The area from average health insurance premium for life. Point Arena to Bodega Bay, currently workers covering their families has Of the more than 8 million 3- and 4- outside the sanctuaries’ boundaries, is year-olds that could be in early edu- more than doubled. A recent survey by particularly important since it consist- cation, just over half are enrolled in an the Kaiser Family Foundation found ently has the most intense upwelling in early education program. In my State that 40 percent of employers that offer all of North America and an enormous of California alone, just fewer than 60 health benefits are likely to increase capacity to support marine life. I am percent of 3- and 4-year-olds are in the amount their employees pay in pre- proud that my bill will expand the some kind of preschool. miums. sanctuaries’ boundaries to protect this The result is that too many children This is an issue of fairness. Current upwelling area. enter elementary school unprepared to law provides a patchwork of tax deduc- The unique productivity of this re- learn. tions for health care costs depending gion is illustrated by the abundance Studies have shown that children upon an individual’s employer, the and diversity of marine life it supports: who participate in pre-kindergarten type of health care plan provided by 36 species of marine mammals, includ- programs are less likely to be held their employer, and/or percentage of ing the endangered blue and humpback back a grade, show greater learning re- income spent on health care, among whales; numerous coastal and migra- tention and initiative, have better so- other things. tory seabirds, including the black-foot- cial skills, are more enthusiastic about Unfortunately this patchwork has ed albatross; endangered leatherback school, and are more likely to have left out many employees who face in- turtles; and Coho salmon. Expanding good attendance records. creasing premiums or are buying high the existing sanctuaries to include this Almost all experts now agree that an cost health plans on their own. This area is necessary to protect this re- early education experience is one of legislation rectifies that unfairness and markable ecosystem from pollution the most effective strategies for im- will help people meet rising health care and habitat degradation.

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.042 S12JAPT1 wwoods2 on PRODPC68 with SENATE S314 CONGRESSIONAL RECORD — SENATE January 12, 2009 My bill has broad, local support, in- This legislation requires airlines to today languished, the chorus for cluding from the California Coastal give passengers adequate food, water, change grew quiet. The reasons why we Commission, the California State facilities, and medical attention when first proposed the Passenger Bill of Lands Commission, the Counties of planes are delayed on the tarmac. Rights have not dissipated; in fact, Sonoma, Marin, and Mendocino, and In addition, the bill requires each air they have only increased. the cities in the expansion region. It is carrier to develop an emergency con- The 2008 Air Quality Rating report, also supported by fishermen, including tingency plan, to be reviewed and ap- which quantifies the performances of the Pacific Coast Federation of Fisher- proved by the Department of Transpor- the various airlines when it comes to men’s Associations, by far the largest tation (DOT) that identifies a clear customer service, indicated it was ‘‘the and most active association of com- timeframe to allow passengers to worst year for airlines Ever.’’ Delays mercial fishermen on the West Coast. deplane if they choose and if the pilot continue to escalate. In fact, despite Fishermen recognize the urgency of deems it safe. nearly a 10 percent reduction in capac- passing this legislation to preserve the Airlines will need to give passengers ity last year, delays actually climbed water quality and habitat essential for the option of deplaning every 3 hours, to a record high; an average of nearly good fishing. with exceptions to maintain passenger an hour per delay. My bill will help preserve an incom- safety and airport efficiency. At a time when airlines are ground- parable gem of an ecosystem. I look Our legislation also includes a few ing flights without notice and pas- forward to working with my colleagues additional provisions from the FAA Re- sengers face interminable waits in air- to move this important legislation. authorization bill passed by the House craft and on tarmacs with little or no in the last Congress. Our bill requires idea as to when they might depart, By Mrs. BOXER (for herself and airports to develop plans to handle there are no safeguards in place to pro- Ms. SNOWE): stranded passenger aircraft and creates tect the rights of America’s travelers— S. 213. A bill to amend title 49, the time is now for Congress to do the a DOT hotline for consumer com- United States Code, to ensure air pas- right thing and finally stand with plaints. It would also permit the DOT sengers have access to necessary serv- America’s passengers. The Federal to levy fines against air carriers or air- ices while on a grounded air carrier, court system agrees with us; in voiding ports that do not submit or adhere to and for other purposes; to the Com- New York State’s own Passenger Bill the contingency plans. mittee on Commerce, Science, and of Rights, the Second United States The enacted a Pas- Transportation. Court of Appeals decision indicated senger Bill of Rights in 2005 and Can- Mrs. BOXER. Mr. President, today I that such a Bill of Rights required ‘‘a ada passed similar legislation last am pleased to re-introduce the Airline Federal standard.’’ The airlines de- year. It is time for the United States to Passenger Bill of Rights Act, a critical clared victory as the New York law was step up and make a serious commit- piece of airline passenger safety legis- overturned; according to the airlines, lation. ment to the millions of Americans that it would herald a jumble of changing Anyone who has traveled recently rely on safe and effective air travel. regulations among different states, As the number of airline passengers recognizes that the delays travelers are making it too difficult to navigate. is expected to increase to 1.3 billion by encountering at airports are a national However, when presented with the op- problem that needs our immediate at- 2025, we can’t afford a ‘‘business as tion of having a national standard by usual’’ attitude when it comes to pas- tention. Senator BOXER and myself, they op- Americans are all too familiar with senger safety and efficiency at our na- posed that proposal as well. It seems the numerous horror stories of pas- tion’s busiest airports. the airlines want carte blanche to treat sengers trapped in airplanes sitting on Consumers deserve access to food, passengers as they wish, with no re- runways for sometimes as much as 11 water, and medical attention when course for that individual. It is clear, hours without adequate food or water, stranded on an aircraft tarmac due to Congress must take this matter in overflowing restrooms, and no oppor- delays. Congress has the ability to en- hand. tunity to deplane. sure airline passengers’ fundamental Simply put, Congress has run out of The delays continue. On the Sunday rights are protected by enacting our excuses. The courts have definitively before Christmas 2008, more than 250 Passenger Bill of Rights legislation. ruled that this is the Federal Govern- passengers on a Continental Airlines I look forward to working with my ment’s responsibility. We have not just flight from Houston to Boston were di- colleagues to pass this legislation in a right, but a responsibility to the verted to Bangor, ME, where they this Congress. American people to ensure that there spent about 6 hours idling on the Ms. SNOWE. Mr. President, I come to is some level of accountability, some tarmac before they were told that they the Senate floor today on behalf of the minimum standard. If a patron visits a were going to deplane for the night and millions of travelers throughout this restaurant that does not offer some would have to find shelter and trans- country. Before I begin, I would like to modicum of working restrooms or pro- portation on their own. take this opportunity to thank Senator vide adequate food and water, that cus- When these passengers returned the BOXER for being such a fantastic part- tomer can leave the restaurant and next day for their trip home, not only ner in this effort; an effort that sets find another. For the airline passenger, was their flight delayed 5 hours but aside partisanship to protect America’s that is not an option. They are trapped they also spent another 2 hours idling traveling public. Her aggressive, heart- at the mercy of the airline; airlines on the tarmac before finally flying to felt leadership on this issue has been so whose only concern is the bottom line Boston. essential in moving this legislation for- and getting that aircraft off the In 1999, the airlines had an oppor- ward and keeping it at the forefront of ground, however long that might take. tunity to address the stranding of air- the public consciousness. Waiting for the airlines to alter their line passengers on tarmacs across the To my regret, each one of us is far customer service model isn’t going to country, but despite those efforts little too familiar with horror stories of pas- work. Thanks to Congressional prod- has changed. sengers stranded on airplanes for hours ding, the airlines put into place their Last March a Federal appeals court at a time with no access to food, water voluntary Customer Service Agree- ruling struck down New York State’s or even functional restrooms. Events ment in 1999. They have had almost a Passenger Bill of Rights law, stating like the unconscionable delays at JFK decade to follow through with estab- that it is up to the Congress to set a Airport in New York in February of lishing some basic commitment to cus- national Federal standard. 2007 are the most commonly ref- tomer service and failed miserably. To meet this immediate need for erenced, but these sorts of events are That is not my conclusion; the Inspec- Federal legislation, I am re-intro- occurring on a daily basis. Such dra- tor General of the Department of ducing the Airline Passenger Bill of matic incidents prompted calls for con- Transportation agreed with that as- Rights Act, along with Senator SNOWE, gressional action. That call was heard, sessment. It is clear that after years of to give airline passengers basic protec- and its answer is this Passenger Bill of refusing to adopt a commitment to tions when they are facing these delays Rights before us today. But as time provide customer service to the Amer- and disruptions in their travel. went on, and this legislation before us ican people, the airline industry will

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\G12JA6.006 S12JAPT1 wwoods2 on PRODPC68 with SENATE January 12, 2009 CONGRESSIONAL RECORD — SENATE S315 not take action unless Congress re- Senators Jeffords, MURRAY, LEAHY, and simply allows our States to spend our quires them to do so. This time, Con- Ms. CANTWELL and we worked success- States’ specific SCHIP allotments from gress needs to show it is serious about fully to get a compromise worked out the Federal Government on our unin- protecting passengers. for inclusion in S. 312 by Senators sured children—just as other States By our actions, we can show the ROCKEFELLER and Chafee. This com- across the country are doing. American people that we are on their promise extended expiring SCHIP al- Mr. President, I ask unanimous con- side and are working to protect their lotments only for fiscal years 1998 sent that the text of the bill be printed interests. Never again, should a family through 2001 in order to meet budg- in the RECORD. be forced to sit on a tarmac for 10 etary caps. There being no objection, the text of hours, deprived of the most basic of ne- The compromise allowed States to be the bill was ordered to be printed in cessities. Canada was able to pass their able to use up to 20 percent of our the RECORD, as follows: State’s SCHIP allotments to pay for passenger bill of rights legislation, so S. 214 if Canada can do it, then there is no Medicaid eligible children at 150 per- cent of poverty that were part of our Be it enacted by the Senate and House of Rep- reason that Congress cannot do the resentatives of the United States of America in same. By acting swiftly, and with re- State’s expansions prior to the enact- Congress assembled, ment of SCHIP. That language was solve, we can take up and pass an FAA SECTION 1. SHORT TITLE. Reauthorization that includes the Pas- maintained in conference and included This Act may be cited as the ‘‘Children’s senger Bill of Rights, we can restore in H.R. 2854 that was signed by the Health Equity Technical Amendments Act of America’s trust in our airlines and President as Public Law 108–74. Unfor- 2009’’. guarantee them a standard of service tunately, a slight change was made in SEC. 2. AUTHORITY FOR QUALIFYING STATES TO we should all be entitled to. the conference language that excluded USE CHIP ALLOTMENT FOR ANY FIS- New Mexico and Hawaii, Maryland, and CAL YEAR FOR CERTAIN MEDICAID EXPENDITURES. Mr. BINGAMAN (for himself, Mr. Rhode Island and needed specific changes so an additional bill was (a) ELIMINATION OF FISCAL YEAR AND PER- LEAHY, Mr. LIEBERMAN, and Mr. CENTAGE LIMITATIONS.— CARDIN): passed, H.R. 3288, and signed into law (1) IN GENERAL.—Section 2105(g)(1)(A) of S. 214. A bill to amend title XXI of as Public Law 108–107, on November 17, the Social Security Act (42 U.S.C. the Social Security Act to permit 2003. This second bill included language 1397ee(g)(1)(A)), as amended by section qualifying States to use their allot- from legislation that I introduced with 201(b)(1) of the Medicare, Medicaid, and ments under the State Children’s Senator Domenici, S. 1547, to address SCHIP Extension Act of 2007 (Public Law Health Insurance Program for any fis- the problem caused to New Mexico by 110–173), is amended by striking ‘‘not more cal year for certain Medicaid expendi- the conference committee’s change. than 20 percent of any allotment under sec- tion 2104 for fiscal year 1998, 1999, 2000, 2001, tures; to the Committee on Finance. Unfortunately, one major problem with the compromise was that it must be pe- 2004, 2005, 2006, 2007, 2008, or 2009’’ and insert- Mr. BINGAMAN. Mr. President, I rise ing ‘‘a fiscal year allotment under section with co-sponsors Senators LEAHY, riodically reauthorized. Most recently, 2104’’. LIEBERMAN, and CARDIN to introduce this authority was renewed through (2) CONFORMING AMENDMENT.—Effective as and ask your support for the Children’s fiscal year 2007 in Section 201(b) of the if included in the enactment of section 201(b) Health Equity and Technical Amend- National Institutes of Health Reform of the Medicare, Medicaid, and SCHIP Exten- ment Act. Act of 2006, Pub. L. No. 109–482. With- sion Act of 2007 (Public Law 110–173), para- Since the passage of the Children’s out future authority, the inequity graph (2) of that section is repealed. (b) MODIFICATION OF ALLOWABLE EXPENDI- Health Insurance Program, or SCHIP, would continue with SCHIP allot- TURES.—Section 2105(g)(1)(B)(ii) of such Act in 1997, a group of States that expanded ments. This legislation would address that (42 U.S.C. 1397ee(g)(1)(B)(ii)) is amended by coverage to children in Medicaid prior striking ‘‘150’’ and inserting ‘‘125’’. problem and ensure that all future al- to the enactment of SCHIP has been (c) EFFECTIVE DATE.—The amendments unfairly penalized for that expansion. lotments give these 11 States the flexi- made by this section shall take effect on Oc- States are not allowed to use the en- bility to use our SCHIP allotments to tober 1, 2008, and shall apply to expenditures hanced matching rate available to pay for health care services of children. made on or after that date. other States for children at similar In order to bring these requirements f in-line with those of other States, it levels of poverty under the act. As a re- SUBMITTED RESOLUTIONS sult, a child in the States of New York, would also lower the threshold at Florida, and Pennsylvania, because which New Mexico and other effected they were grandfathered in the original States could utilize the funds from 150 percent of the Federal poverty level to SENATE RESOLUTION 12—TO act or in Iowa, Montana, or a number 125 percent. AMEND THE STANDING RULES of other States at 134 percent of pov- There is strong bipartisan support for OF THE SENATE TO PROHIBIT erty is eligible for an enhanced match- addressing this inequity. Legislation FILLING THE TREE ing rate in SCHIP but that has not was introduced in the 110th Congress in Mr. SPECTER (for himself, Mr. been the case for States such as New both H.R. 3584 by Republican Rep- Mexico, Vermont, Washington, Rhode COBURN, and Mr. ALEXANDER) sub- resentative BARTON, and 141 co-spon- Island, Hawaii, and a number of others, mitted the following resolution; which sors, and S. 2086 by Senator Trent Lott was referred to the Committee on including , Tennessee, Min- and other Republican leadership to ex- nesota, New Hampshire, Wisconsin, and Rules and Administration: pand the category of children eligible S. RES. 12 Maryland. through this correction to 133 percent Resolved, That (a) rule XV of the Standing As the health policy statement by of the Federal poverty level. the National Governors’ Association Rules of the Senate is amended by adding at This rather technical issue has real the end the following: reads, ‘‘The Governors believe that it is and negative consequences in States critical that innovative states not be ‘‘6. Notwithstanding action on a first de- such as New Mexico. In fact, due to the gree amendment, it shall not be in order for penalized for having expanded coverage SCHIP inequity, New Mexico has been a Senator to offer a second degree amend- to children before the enactment of allocated $266 million from SCHIP be- ment to his or her own first degree amend- SCHIP, which provides enhanced fund- tween fiscal years 1998 and 2002, and ment.’’. ing to meet these goals. To this end, yet, has only been able to spend slight- (b) The amendment made by subsection (a) the Governors support providing addi- ly over $26 million as of the end of last shall take effect at the beginning of the tional funding flexibility to states that fiscal year. In other words, New Mexico 111th Congress. had already significantly expanded has been allowed to spend less than 10 Mr. SPECTER. Mr. President, I have coverage of the majority of uninsured percent of its Federal SCHIP alloca- sought recognition today in order to children in their states.’’ tions. reintroduce a resolution I first put for- For 6 years, our group of States has This legislation would correct this ward in the 110th Congress that would sought to have this inequity addressed. problem. prohibit the use of the procedural tac- Early in 2003, I introduced the Chil- The bill does not take money from tic of filling the tree. I feel strongly dren’s Health Equity Act of 2003 with other States’ SCHIP allotments. It that this practice contributed greatly

VerDate Nov 24 2008 03:19 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\A12JA6.058 S12JAPT1 wwoods2 on PRODPC68 with SENATE S316 CONGRESSIONAL RECORD — SENATE January 12, 2009 to inefficiencies and ineffectiveness lation will be honored by giving it due tem, to authorize certain programs and that the United State Senate experi- consideration on the Senate floor. With activities in the Department of the In- enced in the 110th Congress. Commonly a few changes in procedure, this Senate terior and the Department of Agri- known as the ‘‘world’s greatest delib- can ensure a more productive environ- culture, and for other purposes; as fol- erative body,’’ the Senate has prided ment in the 111th Congress and beyond. lows: itself on free and fair debate on each f In the amendment, strike ‘‘3’’ and insert and every issue that comes before it. ‘‘2.’’ Traditionally, members have had the AMENDMENTS SUBMITTED AND right to offer virtually any amendment PROPOSED SA 19. Mr. REID proposed an amend- on any bill at any point in the legisla- SA 15. Mr. REID proposed an amendment ment to amendment SA 18 proposed by tive process. This all inclusive practice to the bill S. 22, to designate certain land Mr. REID to the amendment SA 17 pro- of legislating has earned the United components of the National Wilderness Pres- posed by Mr. REID to the bill S. 22, to States a unique place among modern ervation System, to authorize certain pro- designate certain land components of democracies because of the open arena grams and activities in the Department of the National Wilderness Preservation for ideas and sufficient debate. the Interior and the Department of Agri- System, to authorize certain programs However, in the past 15 years both culture, and for other purposes. and activities in the Department of the SA 16. Mr. REID proposed an amendment sides of the aisle have increasingly Interior and the Department of Agri- to amendment SA 15 proposed by Mr. REID to seen the majority leaders use their au- the bill S. 22, supra. culture, and for other purposes; as fol- thority to seek first recognition and SA 17. Mr. REID proposed an amendment lows: fill the amendment tree. Republicans to the bill S. 22, supra. In the amendment, strike ‘‘2’’ and insert and Democrats alike have been equally SA 18. Mr. REID proposed an amendment ‘‘1’’. as guilty of this practice for history to amendment SA 17 proposed by Mr. REID to has shown, when there is a problem the bill S. 22, supra. SA 20. Mr. VITTER (for himself and with this institution, bipartisan blame SA 19. Mr. REID proposed an amendment Mr. SHELBY) submitted an amendment to amendment SA 18 proposed by Mr. REID to is easily applicable. Beginning in 1993, intended to be proposed by him to the the amendment SA 17 proposed by Mr. REID bill S. 22, to designate certain land ‘‘filling the tree’’ became increasingly to the bill S. 22, supra. prevalent as Senator George Mitchell SA 20. Mr. VITTER (for himself and Mr. components of the National Wilderness used it 9 times in the 103rd Congress, SHELBY) submitted an amendment intended Preservation System, to authorize cer- Senator Trent Lott used it nine times to be proposed by him to the bill S. 22, supra; tain programs and activities in the De- in the 106th, and Senator Frist used it which was ordered to lie on the table. partment of the Interior and the De- 9 times in the 109th. In the recently SA 21. Mr. VITTER submitted an amend- partment of Agriculture, and for other concluded 110th Congress, Majority ment intended to be proposed by him to the purposes; which was ordered to lie on bill S. 22, supra; which was ordered to lie on the table; as follows: Leader Senator REID filled the tree on the table. 16 different occasions, bypassing the At the appropriate place, insert the fol- previous record amount by a signifi- f lowing: cant margin. TEXT OF AMENDMENTS SEC. lll. DESIGNATION OF NATIONAL MONU- Regular order in this chamber was MENTS. sacrificed in this past Congress, and in SA 15. Mr. REID proposed an amend- Section 2 of the Act of June 8, 1906 (16 U.S.C. 431) is amended by striking ‘‘That its place was a procedural tactic that ment to the bill S. 22, to designate cer- tain land components of the National the’’ and inserting the following: ‘‘After ob- prevented passage of legislation that taining congressional approval of the pro- would have been extremely beneficial Wilderness Preservation System, to au- thorize certain programs and activities posed national monument and certifying for this country. Bills such as FAA Re- compliance with the National Environ- authorization—H.R. 2881, Climate in the Department of the Interior and mental Policy Act of 1969 (42 U.S.C. 4321 et Change Legislation—S. 3036, and the the Department of Agriculture, and for seq.) with respect to the proposed national Energy Speculation Bill—S. 3268 were other purposes; as follows: monument, the’’. all derailed by this practice. Cloture on At the end, insert the following: Mr. VITTER submitted an each piece of legislation was not The provisions of this bill shall become ef- SA 21. fective 5 days after enactment. amendment intended to be proposed by achieved and caused any further move- him to the bill S. 22, to designate cer- ment on them to be stymied. Blame SA 16. Mr. REID proposed an amend- tain land components of the National was placed on Republicans for engaging ment to amendment SA 15 proposed by Wilderness Preservation System, to au- in obstruction through the use of the Mr. REID to the bill S. 22, to designate thorize certain programs and activities filibuster to prevent movement to de- certain land components of the Na- in the Department of the Interior and bate. The fact of the matter was our tional Wilderness Preservation Sys- the Department of Agriculture, and for side was completely blocked from par- tem, to authorize certain programs and other purposes; which was ordered to ticipating in the legislative process, activities in the Department of the In- lie on the table; as follows: forcing our hand to oppose moving to terior and the Department of Agri- the bill. At the appropriate place, insert the fol- culture, and for other purposes; as fol- lowing: My proposed resolution would dis- lows: allow the majority leader or any other SEC. lll. EFFECTIVE DATE. In the amendment, strike ‘‘5’’ and insert member from offering a first-degree This Act shall not go into effect until— ‘‘4’’. (1) the President certifies that the Act amendment, followed by a second-de- would not increase the Federal deficit; and gree amendment. It amends Rule 15, SA 17. Mr. REID proposed an amend- (2) the Secretary of Commerce and the Sec- Standing Rules of the Senate and it is ment to the bill S. 22, to designate cer- retary of Energy certify that the Act would my hope the Senate can adopt this and tain land components of the National not limit access to energy resources. operate under this rule in the 111th Wilderness Preservation System, to au- f Congress and beyond. It is time for this thorize certain programs and activities chamber to conduct business in a log- ORDERS FOR TUESDAY, JANUARY in the Department of the Interior and 13, 2009 ical, factual way; that is, for Senators the Department of Agriculture, and for to come to the floor and address the other purposes; as follows: Mr. REID. Mr. President, I ask unan- substance of the bill and offer amend- At the end, insert the following: imous consent that when the Senate ments if they choose. This bill shall become effective 3 days after completes its business today, it stand Congress currently has an approval enactment of the bill. adjourned until 10 a.m. on Tuesday, rating at a level that is unacceptable. January 13; that following the prayer As we enter a new Congress, efforts SA 18. Mr. REID proposed an amend- and pledge, the Journal of proceedings must be made to allow regular proce- ment to amendment SA 17 proposed by be approved to date, the morning hour dure to return to the United States Mr. REID to the bill S. 22 to designate deemed expired, and the time for the Senate. It is my hope that the grueling certain land components of the Na- two leaders be reserved for their use hours members and staff put into legis- tional Wilderness Preservation Sys- later in the day; that there then be a

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SENATE COMMITTEE MEETINGS Veterans’ Affairs during her tenure of service as Rep- To hold hearings to examine the nomina- resentative to the United Nations. Title IV of Senate Resolution 4, tion of Eric Shinseki, to be Secretary SH–216 agreed to by the Senate on February 4, of Veterans Affairs. Judiciary 1977, calls for establishment of a sys- SD–106 To hold hearings to examine the nomina- tem for a computerized schedule of all 2 p.m. tion of Eric H. Holder, to be Attorney meetings and hearings of Senate com- Homeland Security and Governmental Af- General of the United States. mittees, subcommittees, joint commit- fairs SR–325 tees, and committees of conference. To hold hearings to examine the nomina- 10 a.m. tions of Peter R. Orszag, of Massachu- Banking, Housing, and Urban Affairs This title requires all such committees setts, to be Director, and Robert L. To hold hearings to examine the nomina- to notify the Office of the Senate Daily Nabors II, of New Jersey, to be Deputy tions of Mary Schapiro, of New York, Digest—designated by the Rules Com- Director, both of the Office of Manage- to be Chairman of the Securities and mittee—of the time, place, and purpose ment and Budget. Exchange Commission, Christina of the meetings, when scheduled, and SD–342 Romer, of California, to be Chair of the any cancellations or changes in the 2:30 p.m. Council of Economic Advisors, Austan meetings as they occur. Commerce, Science, and Transportation Goolsbee, of Illinois, and Cecilia Rouse, To hold hearings to examine the nomina- of New Jersey, each to be a Member of As an additional procedure along tion of Ray LaHood, to be Secretary of the Council of Economic Advisors, and with the computerization of this infor- Transportation. Daniel Tarullo, of Maryland, to be a mation, the Office of the Senate Daily SR–253 Member of the Board of Governors of Digest will prepare this information for the Federal Reserve System. printing in the Extensions of Remarks JANUARY 15 SD–538 section of the CONGRESSIONAL RECORD 9:30 a.m. Budget on Monday and Wednesday of each Armed Services To hold hearings to examine the debt week. To hold hearings to examine the nomina- outlook and its implications for policy. SD–608 Meetings scheduled for Tuesday, Jan- tions of William J. Lynn III, to be Dep- uty Secretary, Robert F. Hale, to be Health, Education, Labor, and Pensions uary 13, 2009 may be found in the Daily Under Secretary (Comptroller) and To hold hearings to examine investing in Digest of today’s RECORD. Chief Financial Officer, Michele health information technology (IT), fo- Flournoy, to be Under Secretary for cusing on stimulus for a healthier MEETINGS SCHEDULED Policy, and Jeh Charles Johnson, to be America. General Counsel, all of the Department SD–430 JANUARY 14 of Defense. Homeland Security and Governmental Af- 10 a.m. SD–106 fairs Agriculture, Nutrition, and Forestry Energy and Natural Resources To hold hearings to examine the nomina- To hold hearings to examine the nomina- To hold hearings to examine the nomina- tion of Janet A. Napolitano, to be Sec- tion of Thomas J. Vilsack, to be Sec- tion of Ken Salazar, to be Secretary of retary of Homeland Security. retary of Agriculture. the Interior. SD–342 SD–G50 SD–366 2:30 p.m. Environment and Public Works Foreign Relations Indian Affairs To hold hearings to examine the nomina- Business meeting to consider the nomi- To hold hearings to examine job creation tions of Lisa P. Jackson, to be Admin- nation of Hillary R. Clinton, to be Sec- and economic stimulus in Indian coun- istrator of the Environmental Protec- retary of State; to be followed by a try. tion Agency, and Nancy Helen Sutley, hearing to examine the nomination of SD–628 to be Chairman of the Council on Envi- Susan E. Rice, to be Representative to ronmental Quality. the United Nations, with the rank and JANUARY 27 SD–406 status of Ambassador, and the Rep- 9:30 a.m. Health, Education, Labor, and Pensions resentative in the Security Council of Armed Services Business meeting to consider pending the United Nations, and to be Rep- To hold hearings to examine challenges calendar business. resentative to the Sessions of the Gen- facing the Department of Defense. SD–430 eral Assembly of the United Nations SD–106

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

VerDate Nov 24 2008 00:40 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M12JA8.000 E12JAPT1 rfrederick on PROD1PC67 with REMARKS Monday, January 12, 2009 Daily Digest Senate A unanimous-consent agreement was reached pro- Chamber Action viding for further consideration of the bill at ap- Routine Proceedings, pages S275–S317 proximately 11 a.m., on Tuesday, January 13, 2009, Measures Introduced: Fourteen bills and one reso- and that all first-degree amendments be filed at the lution were introduced, as follows: S. 201–214, and desk by 2:30 p.m., on Tuesday, January 13, 2009. S. Res. 12. Pages S308–09 Pages S316–17 Measures Considered: Message from the President: Senate received the Lands Bill: Senate began consideration of S. 22, following message from the President of the United to designate certain land components of the National States: Wilderness Preservation System, to authorize certain Transmitting, pursuant to law, a report relative to programs and activities in the Department of the In- the Emergency Economic Stabilization Act of 2008; terior and the Department of Agriculture, after which was referred to the Committee on Banking, agreeing to the motion to proceed to consideration Housing, and Urban Affairs. (PM–2) Page S304 thereto, and taking action on the following amend- Messages from the House: Page S304 ments proposed thereto: Page S287–99 Executive Communications: Pages S304–08 Pending: Reid Amendment No. 15, to change the enact- Petitions and Memorials: Page S308 ment date. Page S299 Additional Cosponsors: Page S309 Reid Amendment No. 16 (to Reid Amendment Statements on Introduced Bills/Resolutions: No. 15), of a perfecting nature. Page S299 Pages S309–16 Motion to recommit the bill to the Committee on Energy and Natural Resources, with instructions to Additional Statements: Pages S303–04 report back forthwith, with Reid Amendment No. Amendments Submitted: Page S316 17, to change the enactment date. Page S299 Adjournment: Senate convened at 2 p.m. and ad- Reid Amendment No. 18 (to the instructions of journed at 7:09 p.m., until 10 a.m. on Tuesday, Jan- the motion to recommit), of a perfecting nature. uary 13, 2009. (For Senate’s program, see the re- Page S299 marks of the Majority Leader in today’s Record on Reid Amendment No. 19 (to Reid Amendment pages S316–17.) No. 18), of a perfecting nature. Page S299 A motion was entered to close further debate on the bill, and, in accordance with the provisions of Committee Meetings rule XXII of the Standing Rules of the Senate, a (Committees not listed did not meet) vote on cloture will occur on Wednesday, January 14, 2009. Page S299 No committee meetings were held.

D28

VerDate Nov 24 2008 01:49 Jan 13, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D12JA9.REC D12JAPT1 rfrederick on PROD1PC67 with DIGEST January 12, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D29 House of Representatives Committee on the Budget: to hold hearings to examine the Chamber Action nominations of Peter R. Orszag, of , to be The House was not in session today. The House Director, and Robert L. Nabors II, of New Jersey, to be is scheduled to meet at 12:30 p.m. on Tuesday, Jan- Deputy Director, both of the Office of Management and uary 13, 2009. Budget, 9 a.m., SD–608. Committee on Energy and Natural Resources: to hold hear- ings to examine the nomination of Steven Chu, to be Sec- Committee Meetings retary of Energy, 10 a.m., SD–106. No committee meetings were held. Committee on Foreign Relations: to hold hearings to exam- ine the nomination of Hillary R. Clinton, to be Secretary Joint Meetings of State, 9:30 a.m., SH–216. Committee on Health, Education, Labor, and Pensions: to No joint committee meetings were held. hold hearings to examine the nomination of Arne Duncan f to be Secretary of Education, 10 a.m., SD–430. COMMITTEE MEETINGS FOR TUESDAY, House JANUARY 13, 2009 Committee on Financial Services, to meet to discuss ‘‘Pri- (Committee meetings are open unless otherwise indicated) orities for the Next Administration: Use of TARP Funds Senate under EESA,’’ 2 p.m., 2128 Rayburn. Committee on Rules, to consider the following: H.R. 384, Committee on Banking, Housing, and Urban Affairs: to TARP Reform and Accountability Act of 2009; and the hold hearings to examine the nomination of Shaun Dono- van, of New York, to be Secretary of Housing and Urban Children’s Health Insurance Program Reauthorization Act Development, 10 a.m., SD–538. of 2009, 5 p.m., H–313 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, January 13 12:30 p.m., Tuesday, January 13

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: To be announced. morning business (not to extend beyond 11 a.m.), Senate will continue consideration of S. 22, Lands Bill. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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