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

Vol. 154 WASHINGTON, WEDNESDAY, SEPTEMBER 24, 2008 No. 152 Senate (Legislative day of Wednesday, September 17, 2008)

The Senate met at 9:30 a.m., on the U.S. SENATE, Treasury and the Chairman of the Fed expiration of the recess, and was called PRESIDENT PRO TEMPORE, will be over in the House around 2 to order by the Honorable BENJAMIN L. Washington, DC, September 24, 2008. o’clock this afternoon. Democrats are To the Senate: CARDIN, a Senator from the State of holding a caucus at 4:30 p.m. to talk Under the provisions of rule I, paragraph 3, Maryland. of the Standing Rules of the Senate, I hereby about this issue. The Secretary is com- appoint the Honorable BENJAMIN L. CARDIN, ing to that caucus at 5 o’clock. PRAYER a Senator from the State of Maryland, to I hope we can make more progress. The Chaplain, Dr. Barry C. Black, of- perform the duties of the Chair. We have not only the Jewish holidays fered the following prayer: ROBERT C. BYRD, coming up next week, but a very im- Let us pray. President pro tempore. portant event is this Friday. I was told Gracious, loving God, let Your light, Mr. CARDIN thereupon assumed the and heard on the radio this morning Your wisdom, Your righteousness, and chair as Acting President pro tempore. that as much as 85 percent of the Your love fill our minds and hearts f American people will watch the debate this Friday. That is a stunning num- today. Lord, You have promised Your RECOGNITION OF THE MAJORITY ber. It will be the most widely viewed wisdom for all who need it. This week, LEADER more than ever, Your Senators need Presidential debate in history. I as- Your wisdom. Illuminate their minds The ACTING PRESIDENT pro tem- sume, if we are still in session, we can with more than human insight. Lord, pore. The majority leader is recog- take a brief recess for an hour and a close the doors You don’t want them to nized. half and work through it. I am sure enter and open the gates that will lead f there is not one of the 100 Senators who them to the path of Your way. Remind SCHEDULE will want to miss that debate. them of their weakness and fallibility I will be back later to talk about the Mr. REID. Mr. President, following as You give them the grace to listen to so-called Coburn package. I am not the remarks of the leaders, the Senate those with whom they disagree. Bring going to do it now. will proceed to morning business. We from the crucible of conflicting views f are going to go to morning business for truth and justice that will bless our an hour. I alert Members that we may RECOGNITION OF THE MINORITY land. be in morning business for longer than LEADER We pray in the Name of Him who that time. We will come back at a later gave His life for all. Amen. The ACTING PRESIDENT pro tem- time. The first 30 minutes will be con- pore. The Republican leader is recog- f trolled by the majority, and the Repub- nized. licans will control the last 30 minutes. f PLEDGE OF ALLEGIANCE Following that time, we will continue HONORING OUR ARMED FORCES The Honorable BENJAMIN L. CARDIN to have Senators limited to 10 minutes led the Pledge of Allegiance, as follows: each. If that is not the order, I ask that SPECIALIST SERGIO S. ABAD be the case. Mr. MCCONNELL. Mr. President, this I pledge allegiance to the Flag of the United States of America, and to the Repub- The ACTING PRESIDENT pro tem- morning I pay tribute to a fallen sol- lic for which it stands, one nation under God, pore. That is the case. dier from my home State. SPC Sergio indivisible, with liberty and justice for all. Mr. REID. The legislation we have Abad was tragically killed in Wanat, this week is the Department of Defense Afghanistan, from wounds suffered by f authorization. We have a continuing small-arms fire and rocket-propelled resolution. We have the stimulus. We grenades fired by the enemy on July 13, APPOINTMENT OF ACTING have the economic recovery program. 2008. Army records listed Morganfield, PRESIDENT PRO TEMPORE And, of course, the most important KY, as Specialist Abad’s home, and he The PRESIDING OFFICER. The thing on everyone’s mind is what we do was 21 years old. clerk will please read a communication about the bailout of the financial insti- For his valor on the battlefield, Spe- to the Senate from the President pro tutions. cialist Abad received several medals, tempore (Mr. BYRD). I think we made progress yesterday. awards, and declarations, including the The legislative clerk read the fol- Certainly, it appears there were a lot of National Defense Service Medal, the lowing letter: questions asked. The Secretary of the Army Good Conduct Medal, the Army

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

S9349

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VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.000 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9350 CONGRESSIONAL RECORD — SENATE September 24, 2008 Commendation Medal with Combat gally changed her name to Abad so MORNING BUSINESS Distinguishing Device ‘‘V,’’ the Purple their daughter would have Sergio’s The ACTING PRESIDENT pro tem- Heart, and the Bronze Star. name,’’ Marilyn says. Sergio ‘‘died pore. Under the previous order, there Specialist Abad’s adoptive mother, without knowing they were having a will now be a period for the transaction Marilyn Popko, relates a tale of his girl—he always wanted a daughter.’’ of morning business, with Senators heroism in his final moments that ex- Sergio leaves behind many loved permitted to speak for up to 10 minutes plains just how such a young man ones, and our thoughts are with them each, with the first hour equally di- earned that many medals and more. At today. This includes members of both vided and controlled, with the majority a memorial service for Sergio at Ar- the Popko and Pitts families, including controlling the first 30 minutes and the lington National Cemetery, a friend Marilyn, Stephen, and Catherine Republicans controlling the second 30 and fellow soldier of Sergio’s who was Popko, and Lori, Paul, Zachery, and minutes. at the battle told her Sergio kept fight- Leo Pitts and Krystine Pitts Flagg, as The Senator from Florida is recog- ing even after taking hits to his arms well as Sergio’s fiancee, Christina nized. and thigh. With his brother soldier Abad, and their daughter, who will Mr. NELSON of Florida. Mr. Presi- there to reload his gun for him, Sergio grow up knowing their father was a dent, I know under the previous order kept firing until he finally succumbed hero. this side of the aisle has the time first, to his wounds and could fight no more. Everyone who knew and loved him but I see the Senator from Oklahoma ‘‘It was his dream to be in the mili- should also know our Nation is honored standing, and I wonder if he wanted to tary, and he was living his dream when to have men like SPC Sergio S. Abad respond to the majority leader. he was killed,’’ Marilyn says. defend our country. Today, this Senate Mr. COBURN. I did. Sergio was born and grew up in Flor- honors him for his immense sacrifice Mr. NELSON of Florida. Mr. Presi- ida. At the age of 7, he was removed and for his life of service. dent, I ask unanimous consent that the from an abusive home and placed with Mr. President, I yield the floor. Senator from Oklahoma be allowed to relatives. By middle school, young Ser- Mr. REID. I suggest the absence of a speak, but that time not be taken out gio had become part of not just one quorum. of the 1 hour set aside for the two sides Florida family but two: the Popkos and The ACTING PRESIDENT pro tem- of the aisle. the Pittses, both of whom already had pore. The clerk will call the roll. The ACTING PRESIDENT pro tem- children around his age. The legislative clerk proceeded to pore. Without objection, it is so or- ‘‘He would stay with us a while, then call the roll. dered. go to stay with Lori Pitts’s family,’’ Mr. REID. Mr. President, I ask unan- The Senator from Oklahoma is recog- Marilyn recalls. imous consent that the order for the nized. Thanks to the support of the Popkos quorum call be rescinded. Mr. COBURN. Mr. President, I want- and Pittses, a child with an unhappy The ACTING PRESIDENT pro tem- ed to thank the majority leader and to start in life received plenty of support pore. Without objection, it is so or- spend a few minutes talking about an and love. He called both Marilyn Popko dered. individual who was key to—— and Lori Pitts ‘‘Mommy.’’ Paul Pitts The majority leader is recognized. Mr. REID. Would my friend withhold and Stephen Popko were both ‘‘Dad.’’ f for a second? The staff said they didn’t Growing up, Sergio participated in hear me read all this on Emmett Till, DRUG ENDANGERED CHILDREN Junior ROTC and studied karate at a even though I did. They want me to do ACT OF 2007 local martial arts studio. Sergio ‘‘was the whole thing all over again. really athletic and could knock out Mr. REID. Mr. President, I ask unan- The ACTING PRESIDENT pro tem- hundreds of push-ups with no prob- imous consent that the Judiciary Com- pore. Without objection, the majority lem,’’ says Marybeth Klock-Perez, who mittee be discharged from further con- leader is recognized. ran the studio where Sergio practiced. sideration of H.R. 1199 and the Senate f For someone who had ‘‘been dealt real- proceed to its consideration; that the ly unfair cards in life, he was abso- bill be read a third time and passed and EMMETT TILL UNSOLVED CIVIL lutely never bitter. He never used ex- the motion to reconsider be laid upon RIGHTS CRIME ACT OF 2007 cuses or acted like the world owed the table. Mr. REID. Mr. President, I ask unan- him.’’ The ACTING PRESIDENT pro tem- imous consent that the Senate proceed COL Eddie Santana ran Sergio’s Jun- pore. Without objection, it is so or- to the immediate consideration of Cal- ior ROTC Program. He was ‘‘an out- dered. endar No. 237, H.R. 923. standing young leader—very dis- The bill (H.R. 1199) was ordered to a The ACTING PRESIDENT pro tem- ciplined and committed,’’ the colonel third reading, was read the third time, pore. The clerk will report the bill by remembered. ‘‘He always knew what he and passed. title. wanted to do: join the Army.’’ f The legislative clerk read as follows: Sergio traded the Sunshine State for A bill (H.R. 923) to provide for the inves- the Bluegrass State in 2005 when he EMMETT TILL UNSOLVED CIVIL tigation of certain unsolved civil rights came to the Earle C. Clements Center RIGHTS CRIMES ACT OF 2007 crimes, and for other purposes. in Morganfield, KY, to earn his GED. Mr. REID. Mr. President, this is the There being no objection, the Senate After he received it, he entered basic Emmett Till unsolved crimes bill proceeded to consider the bill. training at Fort Benning, GA, and then which has received so much notoriety. Mr. LEAHY. Mr. President, I am was stationed in Italy for a year with I ask unanimous consent that the bill pleased that the Senate will unani- Company C, 2nd Battalion, 503rd Infan- be read a third time and passed, the mously pass the Emmett Till Unsolved try. motion to reconsider be laid upon the Civil Rights Crime Act, H.R. 923, a bi- ‘‘It was one of the best times he ever table, and that any statements relating partisan bill to provide critical tools had,’’ Marilyn Popko says. ‘‘He went to to the bill be printed in the RECORD. and resources for the Department of Germany, Switzerland, France. And he The ACTING PRESIDENT pro tem- Justice and FBI to expeditiously inves- loved jumping out of airplanes.’’ pore. Without objection, it is so or- tigate and prosecute decades-old un- Amidst all this adventure, Sergio dered. solved civil rights cold case crimes. also fell in love. He met Christina, and Mr. REID. Mr. President, I extend my This bill overwhelmingly passed the the two planned to marry in the sum- appreciation to Senator COBURN for al- House of Representatives last year and mer of 2008. The wedding was to feature lowing us to complete these two bills. unanimously passed the Senate on two the music of Sergio’s favorite singer, f previous occasions, in the 108th and Frank Sinatra. Sadly, Sergio was 109th Congresses. Its consideration in killed before he could walk down the RESERVATION OF LEADER TIME the Senate has been needlessly delayed aisle and before he could welcome his The ACTING PRESIDENT pro tem- due to a Republican objection. Finally, and Christina’s daughter, due this De- pore. Under the previous order, the this bipartisan legislation will be sent cember, into the world. Christina ‘‘le- leadership time is reserved. to the President.

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.001 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9351 This legislation includes the Missing ment agencies for investigation and Earlier this month, we witnessed an Child Cold Case Review Act, a critical prosecution of violations of State and unfortunate example of the impact measure which I sponsored last Con- local laws similar to Federal criminal waiting too long to prosecute these gress. It allows inspectors general of civil rights statutes. Many Federal cases can have on the administration Federal law enforcement agencies to criminal civil rights prosecutions may of justice. Recently, the Fifth Circuit authorize staff to provide much needed be time-barred or face ex post facto Court of Appeals overturned the con- assistance to the National Center for concerns. Allowing Federal grants to viction of former Klansman James Missing and Exploited Children— State and local entities will allow for Seale, who was charged with the 1963 NCMEC—inactive case files. In order to justice to prevail even where Federal abduction and killings of two African- bolster their efforts to solve these law may be inadequate. American teenagers in Mississippi. At heart-wrenching cases, NCMEC needs Third, the bill incorporates my rec- that time Mr. Seale committed the the assistance and the cooperation of ommended change to provide oversight horrendous crimes a jury of his peers inspectors general. I am pleased that over this initiative. Congress will be convicted him of, Congress had no stat- this legislation will help the men and able to track how many cold cases were ute of limitations on Federal kidnap- women at NCMEC carry out this im- selected for further inquiry and how ping. I was disappointed that, in over- portant mission. many were not. This change strength- turning his conviction, a court of ap- The primary purpose of the Till bill ens oversight and protects ongoing in- peals would misinterpret congressional is to track down those whose violent vestigations from being compromised. intent and retroactively apply a proce- acts during a period of national tur- In a February 2007 press conference, dural bar that we did not intend to moil remain unpunished. In 1955, the the Director of the FBI announced that apply to crimes that occurred almost a brutal murder of a 14-year-old African- the FBI and Justice Department would decade before. American teenager named Emmett Till work with civil rights organizations to I thank Senator DODD and my good stirred the conscience of our country. bring closure to decades-old unsolved friend Representative JOHN LEWIS for No one has been punished for this trag- civil rights crimes. Yet, just a few their leadership and hard work on this ic and brutal murder. Fifty-two years weeks ago, press reports indicated that legislation. Representative LEWIS is a later, Emmett Till’s family and the the Justice Department and FBI have civil rights hero who courageously families of hundreds of other Ameri- yet to prosecute a single case under the marched and fought for equal justice in cans who lost their lives in the fight agency’s cold case initiative already in America. I know this bill is important for equal rights, still await justice. place. This is further evidence that vig- to him, and I am deeply appreciative of Racially motivated violence during orous oversight is needed, and I hope his tireless efforts on this important this turbulent time left a scar on the this bill will help. legislation. I also thank Senator COCH- fabric of our democracy. Far too often, Although I am happy this bill has fi- RAN for his support. Last year we trav- its goal was to divide communities and nally passed the full Senate, this non- eled overseas together, and I know this intimidate certain citizens from controversial and bipartisan bill should bill is important to him and his State. achieving full participation in our de- not have taken several Congresses to I thank the majority leader for his mocracy and exercising their constitu- pass. The Till bill was one of many leadership in advancing this legisla- tional rights to vote, to travel, and to bills that the majority leader included tion. I also appreciate the help of Sen- stay in a federally protected enclave, in S.3297, the Advancing America’s Pri- ator BYRD in helping us move this bill and, most often, the right to live where orities Act. The majority leader se- through the Senate. Lastly, I thank you please. lected three dozen legislative items the many civil rights and law enforce- The Federal Government has tradi- from the jurisdiction of seven Senate ment organizations who have worked tionally been the guardian of last re- committees, including eight Judiciary so hard to enact this legislation: the sort for our Nation’s most vulnerable Committee bills, for this effort. These NAACP, the Southern Poverty Law inhabitants. Yet sadly for much of our are all measures with bipartisan sup- Center, the Leadership Conference on Nation’s history, African-Americans port and, we believe, the support of a Civil Rights, the Emmett Till Justice and other citizens involved in civil strong bipartisan majority of the Sen- Campaign, the Lawyers Committee for rights activities were not protected in ate. Each of these bills has the support Civil Rights under Law, the ACLU, the the full enjoyment of their rights. In- of all Democratic Senators and had Fraternal Order of Police, and so many deed, as FBI Director Mueller acknowl- overwhelming support, but stalled on others. edged last year, ‘‘[m]any murders dur- the Senate floor by Republican objec- In July, I had the honor to meet ing the civil rights era were not fully tion. Ensuring the civil rights of all Simeon Wright, Emmett Till’s cousin, investigated, were covered up or were Americans is a core American value, who was with Mr. Till on the horrible misidentified as accidental death or and I am disappointed that a single Re- night he was kidnapped. This bill will disappearance.’’ With the passage of publican objection prevented this bi- begin the process of seeking restorative the Till bill today, we once again ac- partisan legislation from passing long justice for families, like Mr. Wright, knowledge past governmental missteps ago by unanimous consent. who were victimized by these horrific and seek to right these wrongs. Our Nation should always be thank- crimes and so justice went undone for The Till bill provides the necessary ful to those who risked their lives so many years. We could not pass this tools for the Federal Government, fighting for civil rights. During the re- legislation today without their efforts. along with State and local officials, to cent reauthorization of the Voting Mr. Wright, and so many others, should investigate and prosecute civil rights Rights Act, I was reminded that the be congratulated for their courage and decades-old unsolved crimes. First, the lives of Medgar Evers, Vernon Dahmer, their commitment to fighting for jus- bill creates two new offices to inves- Michael Schwerner, Andrew Goodman, tice for so many years. tigate and prosecute these decades-old James Chaney, and countless others, With its passage, we take an impor- cold case crimes. Rather than creating demonstrate that ordinary persons can tant step towards finally bringing to a new unit or section within the Jus- change the world. Three months ago, justice individuals who committed hei- tice Department, the legislation allows we commemorated the 44th anniver- nous crimes against civil rights activ- precious Federal resources to be used sary of the deaths of Chaney, ists and African-American citizens. by the FBI field offices and Federal Schwerner, and Goodman. The sacrifice Equally important, we send an impor- prosecutors in the states where these and courage of these Americans—many tant message to all Americans about prosecutions will occur. of whom gave their lives toiling for the depth of our commitment. We have Second, it will empower the Commu- freedom—made our democratic ideals made great progress in the last few nity Relations Service of the Depart- real, and continue to inspire future decades towards achieving equal jus- ment of Justice to work with local generations to fight for civil rights. tice under law. The Unsolved Civil communities in identifying unsolved This important bill is long overdue. Rights Crimes Act brings us one step cases. In a similar vein, the bill also al- As each day passes evidence fades and closer towards that important goal. lows the Justice Department to issue witnesses age. We must have a sense of Mr. REID. Mr. President, I ask unan- grants to State and local law enforce- urgency. Justice cannot afford to wait. imous consent that the bill be read a

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.004 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9352 CONGRESSIONAL RECORD — SENATE September 24, 2008 third time and passed, the motion to made a difference, and that one person AVOIDING A DEPRESSION reconsider be laid upon the table and is Alvin Sykes. I can’t say enough Mr. NELSON of Florida. Mr. Presi- that any statements relating to the about this individual. I can’t say dent, I wanted to speak to the Senate bill be printed in the RECORD. enough about his stamina, his integ- today about this enormous decision we The ACTING PRESIDENT pro tem- rity, his forthrightness, his determina- must make about what to do about our pore. Without objection, it is so or- tion. All of the qualities that have current financial catastrophe. dered. built this country this gentleman ex- We are in a recession. By any meas- The bill (H.R. 923) was ordered to a hibited as he worked to keep a promise ure, we are in a recession. The question third reading, was read the third time, to the dying mother of Emmett Till. So is we must ask today is: What can we and passed. I come to the floor now to sing his do to prevent this recession slipping Mr. REID. So staff once again was praises, to recognize him publicly for into a full-blown depression? That is right, and I was wrong. his tremendous efforts, and all those on the matter that is in front of the Sen- The ACTING PRESIDENT pro tem- his board have made in making this ate. One way or another we are going pore. Under the previous order, the come to fruition. to have to come to grips with this by Senator from Oklahoma is recognized. I also wanted to spend a moment say- Mr. COBURN. I thank my colleague the weekend, or have an understanding ing there is no reason why this body that we are going to come back next from Florida for this short period of can’t do something more aggressively time to thank the majority leader for week and try to finish this. in terms of protecting children in the What should be the underlying policy working in good faith on several of midst of child pornography. We have we pursue? Well, we ought to find ways these bills. the PROTECT Act, which cost $372 mil- There is a gentleman in this country to help stabilize the mortgage market lion, and which could easily be paid for, that has caused this crisis. Let me by the name of Alvin Sykes. If you but we won’t pay for it. The fact is, as haven’t met him, you should. He is quickly recapitulate what caused this the bill is written today, nothing will financial mess. It was the fact that what America is all about. He promised happen until a year from now with that the mother of Emmett Till before she banks, and financial institutions act- bill, even if we pass it, because we are ing as banks but not regulated as died that he would make sure there not going to appropriate funds for it. would be an investigation into the banks, started encouraging people to It is going to be like the Adam Walsh take loans on their homes which they death of her son, her young son, as well Act. We promised everybody we would as others who were never properly in- could not afford. do it, but have barely funded it at all. All the checks and balances that reg- vestigated to the extent they should However, we could make a big dif- ulations would have required these fi- have been. ference with that by combining the We have wrangled a lot over this bill, nancial institutions ignored. They did PROTECT Act with the SAFE Act. The not conduct their due diligence, and and one of the reasons we have wran- Justice Department has reiterated gled is because of the financial problem ask the practical questions: Did the there are no fourth amendment con- people have a sufficient income stream we find ourselves in today in this coun- cerns. The House passed the bill 390 to try. Begrudgingly, I have decided we to be able to afford their mortgage? 2, and yet we have resistance—for po- Did they put some skin in the game, by could not, out of the waste of the Jus- litical reasons, not for policy reasons— tice Department, get the Senate to having to put some money down on the in bringing forth that bill. house they were purchasing? Could concur that we should not spend addi- I also thank the Democratic staff, they afford the interest rates and the tional money on it; that there is plenty who have worked so hard to clean that other terms of that mortgage? Lenders of money. As a matter of fact, at the bill up to eliminate the objections. It is and brokers weren’t paying any atten- end of last year, there was $1.7 billion my hope that before we leave here this tion to that. A whole bunch of these in unexpended funds and unobligated week, we will do something. The reason funds at the Justice Department. They the SAFE Act is important is because loans were granted by financial institu- also have a tremendous track record of it will do something the moment it is tions, and sometimes they very aggres- waste in terms of conferences and of signed into law. Internet service pro- sively pushed these loans on people poor management. Moreover, they are viders will have to start reporting to who could not afford them. Now, the banks don’t keep these the only agency of the Federal Govern- the Government, to the National Cen- mortgages. They bundle them together ment that, unlike every other agency, ter for Missing and Exploited Children, and sell them to institutions as indi- the unobligated balances do not auto- child porn sites and the people who are vidual mortgages, or perhaps as bun- matically go back to the Treasury. utilizing them and putting them up. They get to spend the money. The PROTECT Act won’t do any of dles, or mortgage backed securities. So we have again failed to do the fis- that, but the SAFE Act will. So my And then different players in the finan- cally responsible thing. But I decided hope is that through the rest of the re- cial institutions would buy these secu- last night this is one of those rare ex- maining days of this session we can rities—made up of shaky, subprime ceptions when I can’t convince the come together and put politics aside mortgages and they would in turn sell body that we ought to be more frugal. and truly make a difference. them. A couple years later, when it be- We could have accomplished the same I talked to a Congressman from came apparent that the homeowner thing with the funds over there, but North Carolina two nights ago and he couldn’t afford to make the payments the greater call was to allow this bill said there are 250 fathers who are film- each month on their mortgage, and the to pass. ing sexual acts with little children and income stream on those mortgages But I wanted to tell you something putting it on the Internet. The way you started dwindling, those financial in- about America with this bill, and it has stop that is have the Internet service stitutions that had bought these bun- to do with Alvin Sykes. If you met providers start reporting that to the dles of mortgages found themselves him, you would immediately fall in FBI. And the fact we won’t do that—for with a shortage of cash. They had to love with him. He is poor as a church political reasons, not policy reasons—is start borrowing to make up for their mouse. He has led this group with in- a pox on us. That is in North Carolina cash shortage, and the whole system tegrity. He has been an honest broker. alone. And not to pick on North Caro- started to unravel. He has not played the first political lina, because it is the same in many So as we try to straighten out this game with anybody in Washington. As other States. But that is a fact, and we mess, are we to do what the Secretary a matter of fact, he has had games know it is happening in other places. of the Treasury has said? Are we to played on him and he has been manipu- This is something where we can make provide almost three-quarters of a tril- lated. But the fact is he has held true a difference, and my hope is we can lion dollars—specifically he is saying to his belief and his commitment to work that out. $700 billion—in order to infuse capital the mother of Emmett Till. And be- I thank again the Senator from Flor- into these financial institutions? These cause of that, we are going to see this ida for this time, and I yield the floor. banks, investment banks, and insur- bill come into fruition. The ACTING PRESIDENT pro tem- ance companies that all fed off this I think that speaks so well about our pore. The Senator from Florida is rec- frenzy that saw this balloon get bigger country; that one person has truly ognized. and bigger until it started to burst?

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.005 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9353 And if we do that, aren’t we rewarding to modify that mortgage, the terms Because he is here, this Senator will the very people whose financial greed and interest rate, so that in fact those yield the floor. got us into trouble in the first place? people can still stay in their homes. The ACTING PRESIDENT pro tem- I think the answer to that question is I see the chairman of the Banking pore. The Senator from Connecticut is yes. So I want to tell the Senate that Committee has come in. This Senator recognized. this Senator is not going to vote for a is laying out a suggestion—in addition Mr. DODD. First, I thank my col- bailout of the financial institutions by to that of the esteemed chairman of league from Florida. Let me say I am taking nearly 5 percent of the national the Banking Committee, who I think rising to speak on a matter other than budget—much of which we will have to has come out with an excellent prod- the matter the Senator is addressing, borrow from the governments and uct—that in order to get the money, but I wish to commend him for his banks in China and—and give it to not into the bankers’ hands but to get thoughts and ideas on the situation. these financial institutions. I am not it to revive the mortgage market—in We have had extensive hearings, of going to vote for that. other words revive the housing mar- course, yesterday, 5 hours with the At the same time, we are caught on ket—to create a loan facility, within Secretary of the Treasury and the the horns of a dilemma, because the Fannie or Freddie, with the legal au- chairman of the Federal Reserve Bank economic recession is slipping into eco- thority to get in there and help people and chairman of the Securities and Ex- nomic catastrophe. So we have to act. change the terms of their loans so they change Commission and the head of Well, instead of providing all the funds can stay in their homes. Then, second, this new agency with our GSEs. The at once, I am certainly more inclined as the chairman has suggested in his House is going to have a hearing today. to provide an initial portion of funds— committee package, change the bank- What is quite clear is the plan, as sub- say $150 billion or $200 billion and see- ruptcy laws so that if someone has mitted by the Secretary of the Treas- ing how successful the government gone into bankruptcy, the bankruptcy ury, I think, generally—I say this po- intervention proves during a 3- or 4- judge, under law, would have the dis- litely—but across the spectrum, has month period, and then coming back. cretion to change the terms of the been sort of rejected, a three-page bill Of course, those on Wall Street will mortgage in order to keep the person asking for $700 billion. say: No, we have to have the whole in his or her home. So, prevent fore- I pointed out to someone yesterday a amount of $700 billion in order to give closures through a loan facility with few years ago you could get a $100,000 confidence to the markets. But don’t legal authority to modify mortgages, no-doc subprime loan and the paper- we have a responsibility to the tax- and if the homeowners must declare work was four pages long. This is sort payer to make sure these funds are bankruptcy, give the bankruptcy judge of a no-doc request here—not to try to being wisely spent? Can’t we provide a the authority to modify the mortgage. be humorous about a situation such as substantial downpayment on this prob- In that way, a lot of the money we are this. But nonetheless we have a lot of lem, and in a few months require ev- going to put towards this bailout would work to do to try to put together a go to preventing foreclosures. erybody to come back and to see plan, but I hope we can do something This Senator speaks as one area of whether it is working as we intended? because the situation is grave and it is I think there is some wisdom to that. my State, Fort Myers, FL, has had one of the highest foreclosure rates in the serious and we have to respond. And I think there is some wisdom to Mr. NELSON of Florida. If the Sen- country for the past year. what everybody has been talking about My suggestions are just a start. I ator will yield for a question? here, that we want to make sure this think as we look to this huge bailout Mr. DODD. I will but very quickly. I money doesn’t go towards executive we also ought to set up a regulatory have about 4 minutes. compensation and golden parachutes. system for all financial institutions, Mr. NELSON of Florida. Is the Sen- That is the least we can do. not just commercial banks. In other ator considering one of the things I I was amused to see an article by a words, we should regulate all securities talked about earlier, that we would not conservative columnist—Kristol— that are traded publicly or privately so do the whole $700 million in one swat, which said, well, maybe what we ought we do not face this problem in the fu- but we take a part and say that is good to do is put a provision in that no com- ture. for the next 3 or 4 months and come pensation—for the executives of these Why? Because what happened? They back and evaluate it? financial institutions that participate got us into the problem we are in. The Mr. DODD. I don’t want to negotiate in this bailout—no compensation can financial managers were encouraged to with you on the floor of the Senate. be greater than the compensation to leverage all their investments so much There are a lot of ideas kicking around. the President of the United States. in order to increase their own personal I know that is one that has received That would certainly get some people’s compensation. We ought to avoid that some consideration. attention. There ought to be some rea- at all costs. Unless we get something f sonable limits on executive compensa- that is close to what this Senator is tion. THE EMMETT TILL UNSOLVED trying to share with the Senate and the CIVIL RIGHTS CRIME ACT The essential question for this Sen- esteemed chairman of the Banking ator, and I think for a lot of my col- Committee, who is going to have more Mr. DODD. Mr. President, I thank leagues, is how are we going to get this influence on this than any other person the majority leader, Senator HARRY money into the mortgage market so it in this Senate—he is here—unless we REID. I thank Senator COBURN of Okla- will revive lending and restore the can get these checks and balances in homa as well. He has had a hold on this housing market? Is this not the pur- the system, this Senator is not going bill, the Emmett Till Unsolved Civil pose of what we are trying to do? Not to vote for it. Rights Crime Act, which I coauthored only save the national economy but get It is my responsibility to try to be a going back some 3 years ago. In fact, in and resuscitate the housing market. careful steward of the money that has Jim Talent, our former colleague from How do we ensure that it does not go been entrusted to me. We are talking Missouri, was the original author of solely into the hands of the bankers about such mega amounts of money this legislation. I was his original part- and the investment bankers and the in- that will almost defy description and ner in this effort going back to 2005. He surance companies? tie the hands of the next President and left the Senate and was replaced by Therefore, I suggest to the Senate the next Congress. We will have bor- CLAIRE MCCASKILL, a great friend and that we consider a couple of courses. In rowed so much extra money that the wonderful Senator from Missouri. the process of this package, we should new Congress and the next President I introduced this bill separately create a loan facility that would work will not be able to accomplish some along with Senator LEAHY and some 12 with people who are facing foreclosure. goals because there will not be any other Members of the Senate, including This loan facility could well be run out money left for the Federal Govern- THAD COCHRAN of Mississippi and of Freddie or Fannie. For people who ment. LAMAR ALEXANDER of Tennessee. This have a problem with a mortgage, this I would love to hear from the chair- has been a bipartisan effort that has facility would have the legal authority, man of the Banking Committee, who I been tied up for the last couple years, indeed the mandate, to go in and work see is ready to speak. regretfully, but nonetheless that is

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.006 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9354 CONGRESSIONAL RECORD — SENATE September 24, 2008 what it was. Today, the news that this dered by a racist criminal hand? Of for helping our Nation achieve that bill has now passed the Senate is good course not. But in passing this, this ‘‘more perfect Union’’ that each and news. I am deeply grateful to the ma- Congress can reaffirm our Nation’s every generation has tried to achieve. jority leader, again, for sticking with commitment to the truth and to mak- Those ideals are at the heart of this ef- an issue and not walking away from ing equal justice not a dream but a re- fort. We may never be that perfect something as important as this is. ality. Union, but, as Abraham Lincoln under- Some might argue that this is a long As such, the Emmett Till Unsolved stood intrinsically, each generation time in coming, others who say it is Civil Rights Crime Act would give the bears the responsibility for bringing us too little too late. In many ways, I sup- Department of Justice and the Federal closer to that ideal. pose they could be right. Bureau of Investigation increased re- With this legislation, the Senate and The subject matter, the name on this sources to reopen Civil Rights-era this Congress on this date early in the bill, Emmett Till, dates back 53 years. criminal cases which have gone cold— 21st century is saying simply: We will Fifty-three years ago, a young boy of that is, unsolved civil rights murder not forget, and we will not yield. 14 was killed for no other reason than cases that occurred prior to 1970. The hour is, obviously, very late. the color of his skin. His life was extin- It would do so by designating a dep- Memories are dimming. Those who can guished in the most brutal fashion uty chief in the criminal section of the bring some important information to imaginable. Civil Rights Division of the DOJ and a the legal authorities are passing away. When Emmett Till’s body was discov- supervisory special agent in the civil This bill may be the last and best ered in the Tallahatchie River, it had rights unit of the FBI. These officials chance we will have as a nation to been weighted down by a 75-pound cot- will be tasked with spearheading and write a hopeful postscript in the strug- ton gin fan, tied around the boy’s neck coordinating efforts by Federal, State, gle for racial equality in our Nation with barbed wire. His clothes had been and local law enforcement officers and and to provide closure for these fami- stripped from him and burned. prosecutors to bring long-time fugi- lies at last. Emmett’s body could only be identified tives to justice. We all bring a unique commitment to by a ring the young boy had been wear- For these purposes, it authorizes $10 this case. Representative JOHN LEWIS, ing. million annually for fiscal years 2008 my great and dear friend in the other At the trial of the two White men through 2017. This legislation also au- body who has worked so hard to see who would later confess to the crime, thorizes $2 million annually for DOJ to this bill become law, was a hero of the few African-Americans dared to even make grants to State and local law en- civil rights movement—is still a hero, I testify at the trial, such was the at- might point out—who nearly gave his mosphere at the time. The all-White forcement and $1.5 million annually for life ensuring that the promise of Amer- jury acquitted the two men, delib- the Community Relations Service ica can be realized for all of our citi- erating for a mere 67 minutes, which within DOJ to partner with local com- zens and in all of our communities. one juror reportedly said only took so munities. I know that sounds like a lot Others may simply recognize when jus- long because they paused to drink a of money, but when you talk about $700 tice has not been served. soda. The rationale for acquittal? That billion to take care of some failed in- I have spoken many times about my the prosecution had failed to prove stitutions verses a few million to pur- father on this floor, in this Chamber, that the body recovered from the river sue these cases, I hope my colleagues about how in the 1930s he was among was even Emmett Till, so mutilated would recognize the value. The time has come to confront the the first, as a member of the Justice was his face and body. A year later, the two defendants injustices of the past openly and hon- Department, long before the Civil bragged about the killing to a maga- estly. For some of these crimes, it is Rights Division, to prosecute the Ku zine for a sum of $4,000. too late. Last year, Tallahatchie Coun- Klux Klan and other civil rights cases Believe me when I say: there was no ty in Mississippi officially apologized for the Department of Justice. I have justice in this case—nor in countless for the trial in the Emmett Till case in spoken about his work as a prosecutor other civil rights cases that remain un- which these two confessed killers lived pursuing Nazi war criminals at the solved to this day. the rest of their lives in freedom. To be Nuremberg war trials, where he stood The failures of our legal system to sure, they are now dead and beyond the face to face with the men who com- bring to justice those who committed reach of justice. mitted crimes that were so horrifying, brutal crimes based solely on racial But there was some measure of jus- so enormous, that few believed they prejudice is not merely sad or tragic— tice for the families of Andrew Good- could have possibly happened—until, in a country such as ours and at this man, James Chaney and Michael that is, my father set out meticulously moment in our history, it is inexcus- Schwerner—young civil rights workers proving them, step by step, piece by able. who participated in the historic Free- piece. I believe the same is true of civil The sad truth is that for far too long, dom Rides in 1963. rights crimes in this country. hate crimes were rarely investigated in Edgar Ray Killen was allowed to His body of work, including his serv- this country. For far too long, mur- roam free for more than three decades. ice to this body, never fails to remind derers could walk free as long as they But his belated conviction in 2005 is us that when we reaffirm our commit- chose the so-called ‘‘right’’ victims. proof that we can provide closure and ment to the rule of law, when we act And so, whatever the merits of this leg- hold those responsible for terrible not out of vengeance but in pursuit of islation, The Emmett Till Act cannot crimes, even years after they have oc- justice, we most live up to the promise erase that memory. It cannot erase curred. as Americans. However tardy that pur- even a single year that lapsed between With this legislation, we will launch suit may be, affirming that enduring crime and justice. one of the most exhausting manhunts commitment is what this effort is What it can do is keep even more in the history of our country to pursue about today. years from piling on. those responsible for these acts. We can Again, I thank immensely the major- If we want to remove the great stain tell those who committed crimes who ity leader and others who have been a on our justice system that is the hun- still roam this country free that they part of this effort. We thank Jim Tal- dreds, maybe even thousands, of civil should never, ever, ever again enjoy a ent, the Senator from Missouri, who rights-era crimes that remain un- sleep-filled night; that is, as long as originally authored this bill, and I am solved, we need to reopen the books on they live, the U.S. Government, our proud to have joined with him some 3 as many as we can. Government, will do everything in its years ago and proud to have picked up That is what this legislation would power to apprehend them and bring that mantle in this Congress, along do—bring justice to those who per- them to the bar of justice. with, as I say, 13 of our other col- petrated these heinous crimes because That is the message we can convey leagues here, to be a part of this effort of racial hatred by creating a mecha- today, with this legislation, to the that has produced this passage a few nism that allows us to pursue them. families, the friends, and others who minutes ago. Can it bring back and make whole have lost loved ones, who put their I wish to thank the steadfast support those who have suffered and were mur- lives on the line to press for justice and of allies and friends such as JOHN

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.007 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9355 LEWIS in the Congress, the House of ‘‘never event.’’ Well, he was referring awhile. The damage to the tissue oc- Representatives, who made this pos- to particularly shocking medical errors curs at the time the patient with the sible, and many organizations that that really should never happen, med- stroke or with a broken hip lies mo- helped us shepherd this legislation ical errors such as surgery performed tionless at home waiting until someone through the Senate: the NAACP, the on the wrong body part, surgery per- finds them, as often happens with Southern Law Poverty Center, the formed on the wrong patient, or the somebody who lives alone. The damage Leadership Conference on Civil Rights, wrong surgical procedure performed on occurs before the patient is even taken and so many others. a patient. to the hospital, but the hospital is In addition, I thank the Emmett Till By 2002, the National Quality Forum going to lose up to $3,000 to treat the Justice Campaign and its president, had identified 27 so-called never events. pressure ulcer regardless of the med- Alvin Sykes. We heard Senator COBURN Now, the ‘‘group’’ is listed in six dif- ical condition that caused the problem talk about this a few moments ago, and ferent categories: surgical, product or in the first place. The bureaucrats are I wish to associate myself with his re- device, patient protection, care man- saying it should never happen, yet it marks. He is a remarkable individual. agement, environmental, and criminal. happens all the time. Mr. Sykes’s determination has helped The Agency for Healthcare Research Although the never events program the Senate get to this historic mo- and Quality says that most never is in its infancy, I am troubled by the ment. events are very rare. They estimate direction these Washington bureau- I wish to mention Simeon Wright, as that a typical hospital might have a crats are headed. I believe the negative I had the pleasure of meeting Simeon wrong-site surgery case once every 5 or long-term impact on patient care is Wright and his wife a few weeks ago. 10 years. going to be significant. This year, Simeon Wright is Emmett Till’s cous- As public reporting on health care Washington bureaucrats expanded the in, and he was sharing that bed with quality gained momentum, lawmakers never events. They expanded the list to him that night 53 years ago when his focused on eliminating never events. include even more conditions: surgical- cousin was ripped out of that bed, They did it as a way to increase ac- site infections following elective proce- never to be seen again, except for his countability as well as to contain dures, blood sugar control, and deep- mutilated body. Simeon Wright is get- costs. More and more surgeons began vein thrombosis/pulmonary embolism. ting on in years now. But it was an physically signing the surgical site When you take a closer look at the honor to meet him and his wife, and his with a marking pen in the pre-op hold- entire process, it does show a dis- determination and commitment on be- ing area. Now, they did this while the turbing trend. I agree that a foreign half of his family helped us arrive at patient was still awake just to make object left behind inside a patient after this moment. So to Simeon Wright and sure everyone agreed what operation surgery is an event that should never his family, the moment has come, and was being done on what body part. occur. The fact is that most of the this bill will now become law. The Deficit Reduction Act of 2005 re- never events on the Government’s list, It is vital that we bring to justice quired the Secretary of Health and selected and targeted in the rule- those individuals who committed these Human Services to select at least two making process, are impossible to heinous crimes. It is essential to their conditions that could be reasonably eliminate. families that we reaffirm this Nation’s prevented. This is where Washington These bureaucrats clearly did not ful- commitment to the rule of law. went too far. The Washington bureau- fill their requirement in the Deficit Re- I thank all of my colleagues for sup- crats identified eight conditions as duction Act, a requirement to choose porting the Emmett Till Unsolved Civil never events. Here is the list: object never events that are reasonably pre- Rights Crime Act. left in during surgery; air embolism; ventable by applying evidence-based I yield the floor. The ACTING PRESIDENT pro tem- blood incompatibility; pressure ulcers; guidelines. To be reasonably prevent- pore. The Senator from Wyoming is falls and trauma; catheter-associated able, the Washington bureaucrats must recognized. urinary tract infections; vascular cath- have peer-reviewed, published lit- eter-associated infections; and sur- erature showing clinicians can reduce f gical-site infection. Why is this impor- the incidence of the chosen never event MEDICAL ‘‘NEVER EVENTS’’ tant, this list of eight? Well, it is im- to zero or near zero. Current data Mr. BARRASSO. Mr. President, this portant because some of this list of shows that even when all appropriate morning I would like to speak about eight conditions really should never care is administered, we do not know medical safety, about patient care, happen. Some of these eight condi- how to reduce the rates to zero or near about the cost of that care, and about tions, though, can and do occur with zero of many of the conditions now on how Medicare is dealing with this. regularity, even under the best of cir- the list. Some patients, particularly In 1999, the Institute of Medicine cumstances. high-risk folks, will develop conditions issued a groundbreaking report on Well, what is the impact of the rules on the list regardless of how good the medical errors. The report was called on patients and the medical profession? care is that they receive at the hos- ‘‘To Err Is Human: Building a Safer Medicare says it will pay to treat the pital. Health System.’’ The Institute of Medi- underlying diagnosis but will not pay Here is an example. The bureaucrats cine findings provoked heated and ex- the hospital to treat complications have listed deep-vein thrombosis/pul- tensive professional and public dialog. from any of these eight conditions if monary embolism as a never event. The report left few doubting that pre- the medical problem develops during Well, the best scientific studies on ventable medical injuries occur and the patient’s hospital stay. For exam- large numbers of total hip and total continue to be a serious problem in ple, the patient is treated for a stroke, knee procedures—and this is from the America. has no other complications during the time I started in medical school and we It identified a number of solutions, hospital stay, and the hospital is paid a were trying to lower the risk of those solutions to stop hospitals and physi- little over $5,000 by Medicare. If the blood clots—showed that under no cir- cians from performing unsafe prac- same patient was to have a severe pres- cumstances, no matter what different tices. It also asked lawmakers to part- sure ulcer when they arrived at the treatments the best scientists have ner with health care providers to cre- hospital in addition to the stroke, come up with, there is no current ate and to adhere to strict, ambitious, Medicare pays about $3,000 more for the treatment available today worldwide quantitative and well-tracked national treatment of both the stroke and the that would decrease the blood clot risk goals. ulcers. But Medicare says: If the pres- to zero. The National Quality Forum Set out sure ulcers developed after the patient Now, I want to tell you about a pa- to do just that. The forum’s mission is arrived at the hospital, then Medicare tient who had a broken hip, a broken to bring people together to create will only reimburse to treat the stroke, hip on the left side, and at the same health care quality initiatives that are not to treat the pressure ulcer. time of the injury, she bruised her safe, effective, and patient-centered. The problem with pressure ulcers is right hip but did not break it. We know In 2001, the former National Quality they will not show up until the patient that patients with either a broken hip Forum CEO first coined the term has usually been in the hospital for or who have received an artificial hip,

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.009 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9356 CONGRESSIONAL RECORD — SENATE September 24, 2008 that right after surgery, for the first never events lead to increased litiga- The assistant legislative clerk pro- couple of weeks, they have an in- tion? After all, if something is never ceeded to call the roll. creased risk of getting a blood clot. We supposed to happen because the Gov- Mr. CORNYN. I ask unanimous con- treat them with blood thinners. Still, ernment list says it doesn’t but then it sent that the order for the quorum call blood clots happen. happens, does that mean someone is at be rescinded. So this is a patient who was given a fault? The PRESIDING OFFICER. Without blood thinner. We were trying to find Where guidelines and proven medical objection, it is so ordered. out what the right delicate balance strategies exist, doctors and hospitals f was. We worked with an internist and strive every day to make sure serious ENERGY others. We thought we had the right adverse events do not ever occur. Never delicate balance for the right dose of events should never occur. Mr. CORNYN. Mr. President, I was medication. On her right side where It is important to remember that the pleased to see a report that the con- she had the bruise, she bled into that 1999 Institute of Medicine report which tinuing resolution that will keep the wound, and that bruise got more blood called attention to medical errors in Government running while Congress accumulated, a hematoma. On the left the first place said bad systems and not adjourns during the election period and side, the side with the broken hip, she bad people lead to most errors. As an beyond, that the continuing resolution got a blood clot. She was on the blood orthopedic surgeon, I have spent my proposed by the Democratic leadership thinners and bled into the one side, had entire professional career trying to in the House will actually eliminate a a blood clot on the other side, and yet make people better. I have been on call moratorium or a ban on drilling and they call it a never event. How can in the middle of the night when folks exploration in the Outer Continental Washington bureaucrats say that this have been involved in traumatic acci- Shelf, which is, of course, the sub- is a never event? dents. There are people with incredible merged Federal lands off our coastlines Let’s look at another so called never talents practicing medicine, trying to which are reported to have, by all of event that made the list. Many of the do their best, but government policies the experts, huge volumes of oil and ventilator-assisted pneumonia cases I continue to needlessly hamstring the gas. This actually represents a tremen- saw practicing medicine in Casper, WY, ability to help their patients. The dous development in the Congress. occurred in trauma patients. The Wyo- health care of this Nation is going to For a long time now we have been ming Medical Center is a centrally lo- be hurt by the direction that Wash- saying we need to develop more of cated trauma facility. I saw patients ington bureaucrats are headed. America’s natural resources, American brought in from accidents that oc- ‘‘Never events’’ should never happen. energy at home, so we would be less de- curred around all the State. When Washington bureaucrats stretch pendent on imported oil and gas from Many of the patients are treated and the meaning of the word ‘‘never’’ to the Middle East. Until this point, those stabilized at a local hospital 100 to 250 keep from paying hospitals, they mis- entreaties, those pleadings, those re- miles away. They are transferred to lead the public and cheat our Nation’s quests had fallen on deaf ears, it the Wyoming Medical Center. Trauma hospitals and health care providers. seemed. But I congratulate the Demo- physicians have no way to determine Perhaps Washington should start to cratic leadership in the House. This whether the pneumonia is secondary to focus its regulatory efforts on elimi- could go down as a bipartisan success aspiration that occurred right there at nating waste, fraud, and abuse in the of which we should be proud. the site of the accident or whether it Medicare system. This year alone we I remind our colleagues this is only occurred as a result of something that have seen one news report after an- part of the equation. We have said we happened at the first hospital. In the other uncovering Medicare wasting need to find more American energy so physician’s initial assessment, a pneu- American tax dollars. Medicare is pay- we would be less dependent on im- monia has not yet developed. It takes ing billions for wheelchairs, pros- ported oil from the Middle East. Where time before it shows signs. Even the thetics, canes, prescription drugs, and might we find that? It has been docu- Washington bureaucrats that wrote the other medical supplies, as the report mented that deep sea exploration in proposed rule agree. The rule is clear shows, all prescribed by doctors who the Outer Continental Shelf, the sub- and scientific evidence is clear that 60 are dead, some who died 10 years ago. merged lands off our coastlines, could to 80 percent of ventilator-assisted The Washington check writers honored produce as much as 14.3 billion barrels pneumonia cases cannot be prevented. hundreds of thousands of these fraudu- of oil. That is a lot. The western oil How can they call that a never event? lent claims. I wonder who is holding shale—which I am unclear whether the I have been a doctor for 30 years. I these bureaucrats accountable. continuing resolution will deal with, can share lots of similar examples with In 2001, they pledged to fix the prob- but which has currently received a ban Members. Each example begs the fol- lem identified by the Health and on development and exploration of lowing question: So what if the never Human Services Office of the Inspector western oil shale—is projected to have event occurs in one hospital and then General. That was 7 years ago. Recent the equivalent of 800 billion barrels of the patient needs to be transferred to reports estimate Medicare loses ap- oil. That is even more than the Outer another medical facility for advanced proximately $70 to $90 billion each year Continental Shelf. Then there is, of specialty care? Medicare says they are to waste, fraud, and abuse. This strips course, the Arctic Coastal Plain which not going to pay for that treatment. our health care system of vital re- is estimated to have 10.4 billion barrels Does that mean the second physician sources, resources we should be devot- of oil, for a total estimate of 824.7 bil- in the second hospital will not get ing to care for the elderly, the frail, lion barrels of oil right in the good old paid? If the receiving hospital will get the vulnerable. Federal officials have U.S. of A. This would eliminate all oil paid but the first one will not, isn’t an opportunity to show leadership. imports, once it was on line and was that surely going to lead to more They could have chosen to work with being produced, for more than 198 transfers from one hospital to another, hospitals and physicians to develop evi- years. These are fantastic numbers and moving the patient from a hospital dence-based guidelines. Instead they time periods. I know it is hard to con- where the hospital will not get paid to have decided to issue a rule aimed at ceive, but even if these numbers are the hospital where payment will occur? withholding money from hospitals, not not exactly right, what it dem- Look at it on the other side. If the improving patient care. onstrates is that we have a lot of great receiving hospital will not get paid for It is time to rethink this flawed pol- oil and gas reserves in America. And a complication that occurred at the icy. Policies must work to improve pa- all of the money that T. Boone Pick- first hospital, then why should they ac- tient care, not to punish hospitals. ens, through his advertising campaign cept the patient in transfer for the care Hospital doors must remain open. to raise the visibility of this issue, all they need? Is there any way for hos- I yield the floor and suggest the ab- the money which he has documented, pitals to appeal the decision of the sence of a quorum. which we are sending overseas to buy Washington bureaucrats? What impact The PRESIDING OFFICER (Mr. NEL- oil and gas, we could actually reduce will this whole process have on medical SON of Nebraska). The clerk will call that dramatically by producing more liability? Will this list of so-called the roll. at home.

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.010 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9357 We have said, of course, it is only environmentally responsible way, a ply and demand and the fact that grow- part of the equation. While we need to way that is safe to the human occu- ing economies such as India and China find more, we also need to use less. pants of that area and a way that, be- are using more and more energy, which Yesterday we also did the third leg of cause of modern drilling technology, means we are competing globally for the stool. We voted to extend the var- you can use a single well bore and basi- the same oil, which, of course, unless ious tax credits and subsidies that cally go in all directions by thousands we produce more, the law of supply and would encourage development of alter- of feet and produce a lot more natural demand tells us the price will continue native sources of energy. In Texas, we gas than you could have using old drill- to go up. are known as an energy State. I bet ing technology. So just like when it So we should not be fooled into most people would be surprised to comes to coming up with better thinking we have solved the problem know that in addition to oil and gas, sources of alternative energy, tech- by eliminating only the moratorium on we are the No. 1 electricity producer in nology has produced a more efficient, the Outer Continental Shelf—and there the Nation from wind energy. Obvi- more environmentally responsible way is more that remains to be done with ously, those alternative sources of en- of drilling for oil and gas right here in the western oil shale and the Arctic ergy are very important. the United States. Coastal Plain—we should not fool our- I caution my colleagues to the fact But to get back to my point, even if selves into thinking we have solved the that no matter how much we act to we lift this ban—all of these bans—un- problem, even if we were to lift those eliminate the moratorium on the ban less we do something about the limit- moratoria, unless we address this frivo- on offshore exploration, we still less litigation that prevents drilling lous litigation that has had a way of haven’t done enough to open western from ever starting, we might as well bogging down this development in oil shale. We still haven’t done any- have done nothing because this effec- areas already leased and where lease- thing to open exploration and produc- tively shuts down drilling and produc- holders and producers have already in- tion in the Arctic Coastal Plain. I tion of American energy as much as vested billions of dollars. We need to do know while this 824 billion figure seems any moratorium could. Unless we re- something about that. like a lot, it is estimated, once on line, form this litigation system, any repeal So I hope we will return—if not this it would produce about 3 billion barrels of a drilling ban does nothing to help week—and my hope would be we could of oil a day, reducing our dependency. consumers at the pump. do this at the same time. There are a Just as the President’s elimination of So I urge my colleagues to work with number of proposals. Congressman the executive ban on offshore explo- me and all of us who are interested in SHADEGG over in the House of Rep- ration is a hopeful sign and elimination trying to find a solution to this tre- resentatives has done good work in this of the Federal moratorium on explo- mendous dependency on foreign oil. area. Senator TED STEVENS from Alas- ration and production in the Outer Lifting the moratorium is an impor- ka has some very good and interesting Continental Shelf is likewise a hopeful tant step. I congratulate the Demo- proposals. I have heard Senator KIT sign, it is a necessary but not a suffi- cratic leadership coming together with BOND of Missouri talking about some cient answer to the problem. That is Republicans who have been calling for ideas he has. I have a proposal we have because significant oil and gas reserves this for many months now. But no one been working on that we think will ad- that exist in America, where producers should be fooled—and this would be the dress the delays in this frivolous litiga- and leaseholders already have a right most cynical of all—if Congress pre- tion, while preserving to those who to explore and produce that oil and gas tended to actually be solving a problem were genuinely harmed the right to re- and where they have invested more when we know that this frivolous liti- cover compensation if, in fact, there is than $2 billion into these projects, be- gation effectively bans development of damage as a result of some misconduct cause of lawsuits, opponents have America’s natural resources. This on the part of the individuals who are producing or exploring for energy in blocked drilling in a way that, unfortu- would be the most cynical move of all America. nately, is going to take years and years if we did nothing about that second So far so good. I think we ought to and years to resolve. part, about the frivolous litigation, be- acknowledge the progress that is being There are many examples of litiga- cause already I think people across tion thwarting approved drilling made after all of these months. But we America look at Congress as appearing are not there yet. I hope we will see projects on existing leases. The area I to do things, perhaps superficially ap- am talking about specifically is, the continued cooperation as we actually pearing to be responsive to their con- help to bring down the price at the Federal Government has leased land cerns, but in the end roadblocks con- and approved drilling in the Beaufort pump and reduce America’s dependency tinue to exist which impede, if not on imported oil in a way that endan- Sea off the coast of Alaska’s Arctic Na- block, any realistic reform or progress gers our national security and threat- tional Wildlife Refuge. Too often, long- on the particular subject. ens our economy at a time when our term planning and heavy investments So this is something I hope we will economy is quite fragile indeed. of human and financial resources nec- not give up on. I think today if, in fact, Mr. President, I ask unanimous con- essary to develop and produce these re- we do pass a continuing resolution that sent to speak for an additional 5 min- serves are frustrated, and future in- eliminates the moratorium on Outer utes. vestment discouraged, when projects Continental Shelf exploration develop- The PRESIDING OFFICER. Without that have been extensively reviewed ment, it will be a great day. It is a nec- objection, it is so ordered. and approved by the responsible Fed- essary—again, a necessary—but insuffi- Mr. CORNYN. I thank the Chair. eral agencies are shut down and effec- cient way of addressing the ultimate f tively thwarted by frivolous litigation. dependency on imported oil. It is undisputed that oil and gas can We know high energy prices affect THE ECONOMY be extracted from below the surface in our economy. As a matter of fact, even Mr. CORNYN. Mr. President, I want a cleaner and more environmentally though prices have dipped some, the to say a few words about the principles sensitive way than ever before. This is fact is, today, according to USA Today, that will guide my consideration and something that is vividly demonstrated the average price of gasoline is $3.72 a my vote on the proposal made by the by the fact that if you land or take off gallon in America. It had gone as high administration, by the Secretary of from an airplane at DFW Airport in the as $4.11 a gallon and has come down a Treasury, Henry Paulson, and Ben metroplex of Texas, the Dallas-Fort little bit, but it is hard to remember Bernanke, the Chairman of the Federal Worth area, you can actually land at just a year ago a gallon of gasoline sold Reserve Board. the DFW Airport and you will see a for an average of $2.80 a gallon. In I have to tell you I am extremely number of drilling rigs on the DFW other words, it is up about 92 cents a upset we find ourselves in this terrible Airport property. What they are drill- gallon over a year ago, even though it situation. I can tell you the phone calls ing through there is something called has come down a little bit. I have been getting from my constitu- the Barnett Shale, a prolific producer The underlying problem that is put- ents are that they are overwhelmingly of natural gas right there in a highly ting so much pressure on gasoline and angry at how we could possibly find populated area. It is being done in an oil prices is, of course, the law of sup- ourselves in this situation.

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.012 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9358 CONGRESSIONAL RECORD — SENATE September 24, 2008 First of all, I think there has been a financial turmoil. After the collapse of State. There are so many good things perception that—listening to Treasury Freddie and Fannie, I sent a letter to happening in Ohio. I was with Governor Secretary Hank Paulson—is actually the Attorney General of the United Strickland for a couple days on Friday not true: that this is somehow a bail- States, Michael Mukasey, and asked and Saturday going through eastern out for Wall Street. In other words, the for a full investigation because in 2006 and southern Ohio. We were talking people who have profited mightily from the very titans of industry who reaped with people we met and talking to each the enormous sums of money that have millions of dollars in financial gain other about all that is happening in been made recently on Wall Street, in ended up with a slap on the wrist and our State, all the good that is hap- the end, they are going to get off scot- no criminal penalty for cooking the pening, particularly in the area of bio- free and the taxpayer is going to end books in order to generate larger bo- medical research and development and up holding the tab. That is completely nuses and financial returns for them- job creation and especially in alter- unacceptable. selves. That is completely unaccept- native energy. First and foremost, I think we need able. Ohio is on the precipice—as many of to ask ourselves how we can protect We need to make sure those who are us have pushed for in my State for the American taxpayers. The vast ma- responsible for precipitating this finan- many years—Ohio is on the precipice of jority of Americans played no part in cial crisis are held accountable. If that being the Silicon Valley of alternative the collapse of some of the largest fi- means they are guilty of crimes, they energy. It started in Toledo, which has nancial institutions in America, and should go to prison and pay the price the largest solar energy manufacturer they should not be forced to pay the as an example to others who would in the country. The research going on price for the irresponsible and risky take advantage of the American tax- at the University of Toledo on wind conduct of those who were at fault. payer and would be motivated by the turbines is the furthest reaching, fur- Secondly, we need to make sure this kind of greed that lets them forget thest advanced research in the coun- American economy remains stable and their responsibilities not only to their try. that small businesses, which are the shareholders but to the American peo- Go around the State to Akron and lifeblood and the job creators in our ple themselves. you can see what the University of economy, have the ability to grow and So I am pleased the Attorney General Akron is doing with polymers and the to create new jobs. is taking an aggressive posture and the kind of spinoff of jobs replacing lost I think in the end economic growth is Federal Bureau of Investigation is jobs in the auto industry. the key. What can we do to keep this going to be conducting a thorough in- Go to Dayton where we have the Na- great economy growing and producing vestigation. I say let the chips fall tional Composite Center that is mak- jobs? I believe responsible tax relief where they may. I do not care who it ing major contributions with lighter, helps small businesses grow and helps is. I hope they will pursue that to the stronger, more durable materials that create jobs. Now, how would I know fullest extent of the law. can help with more efficient, better Mr. President, I appreciate the oppor- that? Well, all I would have to do is mileage automobiles, not to mention tunity to come and address these very look back to the tax relief we passed in what they are doing on alternative en- important topics, and I hope that as 2003, which cut the dividends and cap- ergy with wind turbine blades. ital gains rate, which gave rise to a net the days go by Congress can work to- Go to Cleveland and look at what the increase of about 7 million jobs in gether in a bipartisan manner to try to Case Western Reserve University, in find a way to address these problems. America. That is what life was like be- conjunction with the Cleveland Foun- But certainly the initial proposal by fore we hit the subprime mortgage cri- dation, is doing with plans to be the the Secretary of Treasury is unaccept- sis and high energy prices. first place in the world where there able on a number of bases, but he has But we ought to look to what works, will be a wind turbine farm in fresh my commitment, as do my colleagues, and we should not use this as an excuse water off the coast of Cleveland in that I will do my best to work with to grow the size of Government and in- green Lake Erie, supplying much of the him to try to protect the American crease the size of the tax burden on electricity needs of northern Ohio. hard-working American families and taxpayer. The PRESIDING OFFICER. The Sen- Go to Columbus and look at the Cen- small businesses because that will ator from Ohio. ter for Automotive Research and the make things worse, not better. work they are doing for Ohio State. Third, we need to ask ourselves if f Look at the great university facilities this proposal does enough to safeguard ECONOMIC POLICY at Cincinnati Children’s Hospital and transparency and accountability. Mr. BROWN. Mr. President, I appre- the University of Cincinnati and what Frankly, I think a lot of work needs to ciate the opportunity to address the they are doing on biomedical research be done here. I think the very fact that Senate today. I second the words of my and alternative energy too. Moody’s and other entities which actu- colleague from Texas of the concerns of You can see in my State of Ohio, as ally grade the investment value of this economy and question how we got many jobs as we have lost, this State is many of these mortgage-backed secu- here. It is pretty clear to me, with 8 coming back. rity projects completely missed the years of Bush economics, with deregu- Now, we can’t do what we need to target and failed to predict the precipi- lation of Wall Street, more tax cuts for do—and the Governor was emphatic tous drop in value of these subprime the rich, and a trade policy that Wall about that, as I am in the Chamber of mortgages and the securities that are Street has pushed through the House the Senate—we can’t do what we need backed by these mortgages is evidence and Senate, these job-killing trade to do unless we get a little more help this is simply an opaque and nontrans- agreements that have caused literally from the Federal Government, not so parent system and that not even the millions of manufacturing jobs to flee much giving us things but just not people who should know were able to our country, combined with a tax pol- standing in our way. evaluate what the true value of these icy that gives incentives for companies Instead, we have seen, for the last mortgage-backed securities were. So I to go overseas, rather than passing several years in our State and in our think we need to have certainly more Senator OBAMA’s, Senator DURBIN’s, country, a betrayal of the middle class. transparency in this process, and we and my Patriot Corporation Act, which The drug companies wrote the Medi- need to make sure those who are re- gives incentives for those companies care law, the insurance industry has sponsible are held accountable. that are staying right here in the written health care legislation in this I am very pleased to hear in today’s United States, whether it is in Omaha Congress, the oil companies have dic- news that the Federal Bureau of Inves- or Cleveland, whether it is in Houston tated energy policy, and Wall Street tigation has decided to investigate, or Columbus, those companies that has pushed through these job-killing among others, the actions of Freddie play by the rules, rewarding them with trade agreements. On issue after issue Mac and Fannie Mae to determine tax policy and others that those com- after issue, the Republican majority in whether fraud or corruption on the panies deserve. the House and in the Senate, for most part of key players was the cause or Let me, for a moment, Mr. President, of the last 8 years, and the Bush ad- contributed to the cause of our current take the Senate around on a tour of my ministration have betrayed the middle

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.013 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9359 class and the values that we as a na- roundtables I will invite 15 or 20 people in as a Member of the House of Rep- tion and that we as a State find so im- from the community or 15 or 20 vet- resentatives in those days. Soon after portant. erans or 15 or 20 farmers, a cross-sec- our swearing in and soon after the All you have to do is look at what tion of the community, and talk to President’s swearing in, the President happened yesterday in the Banking them about their hopes and their unveiled his major domestic policy ini- Committee when Secretary Paulson dreams. Increasingly, I see fear. In- tiative, which was to privatize Social and Chairman Bernanke testified. I creasingly, I see anxiety about the fu- Security, to set up these private ac- have a lot of respect for Chairman ture because they know their Govern- counts. Democrats opposed them in a Bernanke. I think he has moved as ment simply hasn’t been on their side. unified way in the Congress. In the quickly as a Fed Chairman can in deal- So I think about this deregulation, House and Senate, almost every single ing with the housing crisis in most the Bush-Cheney-McCain deregulation. Democrat—maybe every single Demo- cases, certainly compared to his prede- We know that our colleague, Senator crat—opposed them. People in the cessor, who helped to set the table for MCCAIN—who has not been here very country said no. Democrats said no. All a lot of these problems. I have a lot of much in the last year and a half be- over the country, citizens, Independ- respect for him. He and Secretary cause of the Presidential campaign— ents said no, Republicans said no, this Paulson testified before our com- has consistently pushed for deregula- was a bad idea. mittee. They had some interesting tion. He has, in the last few months, Mr. President, I ask unanimous con- ideas, as the Senator from Texas, Mr. become a raging populist. He almost sent for 3 additional minutes. CORNYN, mentioned a moment ago. I sounds like some of the great populists The PRESIDING OFFICER. Is there don’t buy their solution: Give me $700 who sat in this Senate over the last 100 objection? billion and a blank check and I will try years. He almost sounds like Paul Without objection, it is so ordered. and figure out how to do it; buying Wellstone. He almost sounds like Sen- Mr. BROWN. I thank my colleague these troubled assets, without any ator LaGuardia from New York, people from Florida. rules to it. It is dead on arrival in my who fought for the common man. But Imagine what would have happened if belief. this is sort of a new JOHN MCCAIN than we had gone along and if the country But what my colleagues don’t bring before when he was for the tax cuts, hadn’t said no to this Bush-Cheney- out, when we have this terrible prob- when he was for deregulation. More im- McCain privatization scheme: Ameri- lem on Wall Street, is how we got portantly, Senator MCCAIN has been cans now would find that these private there. It is this betrayal of the middle one of the prominent cheerleaders for accounts weren’t quite what they were class that has been brought to us by deregulation which got us into this po- billed to be. They were, in fact, as the Bush administration—the deregula- sition on Wall Street. Now he is saying risky as many of us said. Because of tion of Wall Street. Wall Street people the President should fire Chairman the promises of: Let’s put our private are always going to be aggressive. They Cox. He is saying we should go after accounts—let’s put our hard-earned So- are all going to look for money-making these Wall Street executives, things he cial Security dollars in New York; let’s opportunities. They are all going to never dreamed of saying until he de- have Wall Street manage our private play on the edge sometimes and take cided it was good for his Presidential Social Security accounts—we all know risks. But until the Bush years, there campaign. what would have happened with the vi- have been rules in place that keep Wall In the past, Senator MCCAIN has said cissitudes and the volatility of the Street from going over the line, that he doesn’t know much about econom- stock market. keep Wall Street in check, that still ics, and what he does know he learned My last point is Senator MCCAIN has capture the energy and dynamism of from one of our colleagues, Phil recently called himself fundamentally capitalism but don’t allow them to go Gramm. Phil Gramm was the archi- a deregulator and he is sort of the overboard and do what they did. That tect—JOHN MCCAIN’s mentor in the deregulator in chief in the Senate. But is what has brought us to this today, Senate, particularly on economic he has come up with something else. coupled with the tax cuts and the in- issues—Phil Gramm was the prime ar- He wrote in this month’s issue of credible profits of Wall Street firms, chitect of this deregulation scheme Health Magazine that it would still be the incredible bonuses, eight-figure bo- that has so pushed us behind the eight a good idea to deregulate the health in- nuses. When I say eight figure, that ball and that is so troubling, frankly, surance market: ‘‘As we have done over means $10 million and up; bonuses that to the direction we are now going. I the last decade in banking.’’ too many of these Wall Street execu- think if we hadn’t had this deregula- I don’t get it. I don’t know how any tives had while they were inflicting tion of Wall Street, we wouldn’t be in Member of this body, if he ever goes damage in Maple Heights, in Garfield the position we are. I don’t know that home or she ever goes home and talks Heights, in Norwood, and in places all Senator Gramm gets it, still. Phil to voters, how they could think that over my State that are suffering from Gramm has said we are not in a reces- deregulation of banking, deregulation the home foreclosure crisis. sion; that Americans are in a mental of health care, let’s give more power to So we got to this place where Wall recession. When people complained Wall Street and deregulate banking; Street overreached, where their greed about that statement saying: Look let’s give more power to the health in- overcame all other sentiments, and we around; all you have to do is look surance industry and deregulate health got to this place because of the Bush around, Phil Gramm said the American insurance, it would make any sense at deregulation of Wall Street, because of people ought to quit whining. It is easy all. I think that, perhaps, more than the tax cuts, because of this trade pol- for him to say. He is a major bank ex- anything, shows the fork in the road icy that has betrayed the middle class. ecutive. He is a lobbyist—he is a major we are at in this country. As far as I am concerned, three strikes bank executive and he has made so In this Senate and in the House and and you are out. This deregulation, the much money. He is the Senator who in the elections, we have a choice. Do tax cuts, and trade policy clearly have supported Enron and all its problems. we want to continue down this path of put us in a place where my State has We know that following his economic deregulation and betrayal of the mid- lost 200,000 manufacturing jobs since advice is not the way the country dle class by a government that has George Bush took the oath of office. I should go. turned this Government over to inter- see the pain around my State, even I come to the floor today for one est groups—the drug companies writing though we are fighting back. Even in more purpose, and that is to sound the the Medicare law, the insurance com- that initial trip around the State that alarm on what this privatization, de- panies writing the health care legisla- I took my colleagues on, people in my regulation scheme is all about. Imag- tion, the oil companies writing energy State are hurting. In the last year and ine if we had followed what Senator policy, Wall Street pushing through a half, since I was sworn into the Sen- MCCAIN had said in 2005. In 2005, Presi- these job-killing trade agreements—do ate in January of 2007, I have held al- dent Bush was sworn in for his second we want to continue to go in that di- most 120 roundtables in my State— term on January 20. Two weeks before rection or do we want to go in a dif- from Ashtabula to Middletown, from that, the House and Senate began their ferent direction that will put the mid- Gallipolis to Toledo—and in these sessions. We were sworn in. I was sworn dle class first. I think the choice is

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.015 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9360 CONGRESSIONAL RECORD — SENATE September 24, 2008 clear, and I think we will see that in but if he had, he would have known loans, which keep large and small busi- the upcoming weeks. that this administration was for a nesses operating, have ceased to exist. Mr. President, I yield the floor, and I stronger regulatory scheme for Fannie They cannot get the credit that is nec- thank the Senator from Florida. Mae and Freddie Mac. essary to operate their businesses. The The PRESIDING OFFICER. The Sen- I would also say to the Senator from financial markets are not functioning, ator from Florida is recognized. Ohio, when he talks about deregulatory putting in jeopardy our entire econ- Mr. MARTINEZ. Mr. President, I schemes and tax cuts, the fact is the omy. The entirety of our economy is at have some remarks I wish to make tax cuts we have had in place brought stake in what we are dealing with now. about the pending matter of the finan- us out of a recession which we were in Without timely Government inter- cial crisis we are facing, but before I do in 2001. We have short memories, I vention, the financial system as we I guess I have to make some comments know. I know we have a 30-second sit- know it no longer will exist. This will about some of the things my distin- com memory, but we should remember impact each and every American fam- guished colleague from Ohio had to that in 2001, when President Bush came ily, and it will impact them not just say. It was a great speech for a Presi- into office, this country was in a reces- for the next month but for years to dential race, but I don’t think it sion. We came out of that recession as come. touched on some of the very important a result of a lesser tax burden on the This isn’t a Wall Street versus Main issues our country is facing right here American people that created jobs and Street argument. This isn’t about di- and now, the big decisions we have to that got this country moving again. viding us and trying to gain political make and that we have to do in a bi- One last thing I will say before I go advantage by the division it creates. partisan way. to my remarks that I planned to make. This is about every American’s ability We cannot rewrite history because it When we talk about trade agreements to pursue his or her American dream. sounds good. We cannot rewrite history that lose jobs, stalling a trade agree- Without liquidity in the marketplace, because it helps the Presidential cam- ment with the country of Colombia, in financial transactions just come to a paign that one might want to see suc- addition to not serving our security in- halt. That will create a complete col- ceed in the next 40 days. terests, is costing jobs in Miami, in lapse of our financial system as we The fact is we had a regulation bill Port Everglades, in the Port of Tampa. know it. before the Senate: S. 190. I was a co- These are good-paying jobs. These are So the need to act has become clear. sponsor of it. Senator JOHN MCCAIN was the kinds of jobs that people today in Treasury Secretary Paulson has asked a cosponsor of that bill. That bill could Florida, with unemployment over 6 for the authority to purchase illiquid have regulated Fannie Mae and Freddie percent, would stand in line to be able assets from financial institutions in an Mac. It got nowhere. The silence on the to have. These are good-paying jobs at attempt to get the markets func- other side of the aisle was deafening. the ports—ports that would trade with tioning again. This was in 2005. It wasn’t that long Colombia. The No. 4 trading port in With that authority comes great re- ago. There was an opportunity then for America with Colombia is in Tampa. sponsibility, and Congress has an obli- all to come around the idea that Jobs would be created in Tampa, FL, if gation to the U.S. taxpayers to ensure Fannie Mae and Freddie Mac were at we were to trade with Colombia and if that any program is crafted and carried the heart of the problem we have faced we were to have a free-trade agreement out with appropriate oversight. in this financial crisis, and they should with Colombia. Over $1 billion in in- Congress should consider limiting ex- have a strong, world-class regulator. I creased trade, in increased jobs, in in- ecutive compensation in any package wish to talk more about that in a mo- creased dollars flowing into Florida’s we discuss. Congress will have to en- ment. When we talk about a betrayal economy would be created if we would gage in active oversight of Treasury as of the middle class, wouldn’t it have pass that free-trade agreement, which they implement whatever plan we ulti- been a good idea if we had rallied is stalled because we are doing the bid- mately approve. So there should be no around JOHN MCCAIN, ELIZABETH DOLE, ding of the big labor unions that don’t blank check, and there will be no blank JOHN SUNUNU, MEL MARTINEZ, and oth- want to see it happen. check. ers who were supporting the idea that f Let me also mention I am very we needed a strong regulator for pleased to learn of ongoing investiga- Fannie Mae and Freddie Mac; that they FINANCIAL RESCUE PLAN tions into the activities of Fannie Mae, were undercapitalized, and until they Mr. MARTINEZ. Mr. President, let’s Freddie Mac, AIG, and Lehman Broth- had a world-class regulator, it would be now talk about the moment at hand. ers. This is the worst financial crisis business as usual, and they would con- The seriousness of the moment could our country has encountered in recent tinue to pass their largesse around the not be more overstated or understated. history, and we owe it to the taxpayers Congress among their favorites. The This Congress is about to consider the to get to the bottom of any wrongdoing fact is we did not get that bill passed in most important legislation affecting that may have occurred. That is wel- 2005, when it might have made a dif- our financial markets, I would say for come news. The American people ought ference. a generation and possibly in the his- to be reassured by the fact that there It is also easy to talk about this ad- tory of our country. is not going to be any whitewashing of ministration and attempt to rewrite The American people must under- wrongdoing when it comes to this very history. It is probably more politically stand exactly what is at stake as we serious crisis. expedient not to defend this adminis- begin to consider this legislation. This We need to prosecute any inappro- tration, but I was a part of it. From is something we have to do, putting priate behavior on the part of these 2001 to 2003 I served as Secretary of aside partisan rhetoric, putting aside companies to the fullest extent of the Housing and Urban Development. I the fact that in 40 days we have a Pres- law. If we are going to have to fix this came before the Congress and I testi- idential election. problem, those who created it need to fied before the House and the Senate We have to put aside the partisanship be held accountable. Banking and Financial Services Com- and shed ourselves of that rhetoric. After the dust clears, Congress can- mittees, respectively. I had on my side That rhetoric just invites more and not lose sight of one of the main rea- the Secretary of the Treasury, John more acrimony. The fact is, we have to sons we are so heavily encumbered by Snow, who was the Secretary at the come together not as politicians but this crisis—why our financial system is time. What did we tell the Congress? maybe in a rare moment of statesman- so deeply troubled at this moment in We told Congress that we thought ship to look at this legislation and this time. Fannie Mae and Freddie Mac Fannie Mae and Freddie Mac needed a serious and sober moment that our were huge contributors to the problem strong regulator, that they were thinly country faces. because of their thin capitalization, capitalized, and that they posed a sys- What happened is that the credit ever-expanding portfolios, and risky temic risk to our economy. I don’t markets have quit functioning. Credit practices. I add to that, that was made know if Senator BROWN, at the time a cards, car loans, home equity loans, possible by weak regulation, by the Member of the House, had an oppor- home mortgages, business loans—all of kind of regulatory scheme designed by tunity to hear or read our testimony, these loans are impacted. Business Fannie Mae and Freddie Mac so they

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.015 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9361 could keep doing business as usual, so the type of crises in mortgage-backed ical advantage over the other side. The they could continue to make the polit- securities that brought us to this brink fact is, we need to put aside the fact ical contributions and continue to run of complete financial collapse of our fi- that we have an election coming up, the Congress as they wished. I recall on nancial system? put aside all of our differences, and we more than one occasion we were trying Floridians are among the hardest hit have to come together—Republicans to push that legislation that Senator in the Nation. Our State is suffering and Democrats, liberal and conserv- DOLE originally sponsored, which I was mightily because of the deepening ative—for the good of our country. proud to cosponsor with JOHN MCCAIN, housing crisis. I have, for a long time, This is a moment that doesn’t call for so that we would have an effective reg- been saying, as we talked about a stim- politics as usual. I believe it is a mo- ulator over Fannie and Freddie. It was ulus package some months ago—and we ment that calls for something a little really about Fannie Mae was not going got them out the door and a lot of fam- bigger than that, a little greater than to go for that, so that meant it was ilies have been helped by that, and I that. dead on arrival and we could not get it voted for that package—I said then: I look forward to working with my done. As they were able to have their What are we doing not to treat what is colleagues on both sides of the aisle to say in terms of the type of regulator apparent in our economy, which is that come up with the best ideas that we they wanted, then they were able to people are hurting, but the root cause can. But at the end of the day, I believe create the kind of crisis we have come of the pain, which was the housing the failure to act would be so cata- to today. economy? The fact is, folks who work clysmic, so devastating to our country They fueled and funneled the risky in home construction are out of work, that we have but only one course, securities that Wall Street bought and homebuilders are not being able to which is to find the best way to get sold and made lots of money, while ig- keep their employees going and give this done, with the right oversight and noring the systemic risk that move them the health insurance they pro- the right checks and balances, but act posed to the financial system. vided for them, and we have that entire we must. In 2003, when I was HUD Secretary, I cycle in the homebuilding industry I thank the Chair and yield the floor. came before the Congress with Treas- that is, today, not working as it The PRESIDING OFFICER. The Sen- ury Secretary Snow and warned of the should, which is providing us with the ator from New Mexico is recognized. loose regulation of the GSEs and the kind of economic pain so many Florid- Mr. DOMENICI. Mr. President, I un- risk posed by their undercapitalization. ians are feeling. derstand we are in morning business. We asked Congress to create a world- In addition, we have people now in The PRESIDING OFFICER. That is class regulator to properly provide foreclosure or are facing it. That will correct. oversight to these financial entities continue, as will the decline of neigh- Mr. DOMENICI. I ask unanimous that had become so large that they had borhoods. As the neighborhoods de- consent that I may speak until about an implied guarantee of the Federal cline, the communities decline. How 11:45. Government, and they were deemed too are we going to help that situation? I The PRESIDING OFFICER. Without big to be allowed to fail. believe it is inevitable that, whether objection, it is so ordered. In 2005, Federal Reserve Chairman we do it now or later, we have to seri- f Alan Greenspan told the Congress how ously address the issue of the declining THE ECONOMY urgent it was for it to act, and he said home values. One way of doing it would in the clearest possible terms, if be to provide a healthy $15,000 tax cred- Mr. DOMENICI. Mr. President, I Fannie and Freddie ‘‘continue to grow, it to those who would invest in a new didn’t get the entire message of the continue to have the low capital that home and help them with the downpay- distinguished Senator from Florida. they have, continue to engage in the ment by that particular means. That is The part of the speech I heard talked dynamic hedging of their portfolios, a solution that I have been advocating about us getting together and working which they need to do for interest rate that may be of significant help in as American Senators, not Republicans risk aversion, they potentially create bringing down the huge inventory of or Democrats, in this time of crisis. I ever-growing potential systemic risk unused homes that we have, particu- totally congratulate the Senator. I down the road.’’ larly in places such as Florida. agree with him and I believe it is im- Well, we are now at the end of that Housing prices continue to fall, in- perative that we do something before road. As we go forward, not only will ventories continue to rise, and a grow- we leave. Congress have to determine the future ing number of homeowners are facing Today, I hear talk that we have a role of these entities, we need to take their own personal foreclosure crisis. continuing resolution we have to pass, a very close look at the practices that To find the bottom of the housing and then we are finished. I am not brought us to this place. crisis, to stabilize prices, we need Con- hearing that from anybody officially, Throughout all of this work, we can- gress to act. We can approve home-buy- but it is chattering around. That is the not lose sight of the root cause of this ing incentives. Congress can approve a big thing to do. financial debacle—the housing crisis. tax credit for downpayments. That I must say, that is a frightening What are we going to do to avert an would at least encourage people to thought. If we are thinking of leaving ever-deepening housing crisis? When we enter the marketplace, would reduce here without doing something to give ask Secretary Paulson what is the rea- housing inventories, and get the money the Treasury Department of the United son we are where we are, obviously, the flowing back into the market. States some authority to stabilize the lack of regulatory scheme appropriate As Congress debates this package, credit system of the United States—if for Fannie and Freddie is part of it, but let’s remember whom we work for—the we don’t do that and spend time doing they say that mortgage-backed securi- American taxpayer. Our priority that, we don’t deserve to be called Sen- ties continue to have no value. The should be making decisions that serve ators. markets for mortgage-backed securi- their best interests. No blank check, It is hard to explain, but when you ties, which has essentially locked down strict oversight, accountability, and look at it, credit and the American the entire lending system of our coun- taxpayer recourse. credit system—call it the banking sys- try—and I daresay the world—came It is in every American’s best inter- tem if you would like, but I am calling about as a result of the deepening cri- est that we act. I look forward to cre- it the credit system—is what makes sis in home prices, the fact that home ating the right legislation that averts America’s prosperity available to mil- values continue to decline, so mort- a financial crisis that will affect every lions and millions of people. It is the gage-backed securities continue to single American—a financial crisis per- credit system that we set up that has have little or no value. haps bigger than the Great Depression. given us the greatest standard of living So what are we doing in this scheme That is what is at stake today. that any people have ever had. that we are discussing to avert an ever- So this is a moment when we have to Something is going wrong with that deepening housing crisis? How are we get away from the usual partisan ran- financial system. It is not a question of going to try to put a floor on those de- cor. We have to get away from think- Wall Street; it happens to be that Wall clining home values that are creating ing about how we might gain a polit- Street is the center for some of these

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.024 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9362 CONGRESSIONAL RECORD — SENATE September 24, 2008 financial systems that I am talking we should. Legislation didn’t keep pace works. If your credit system doesn’t about. But they are going amiss; they with the changes. work, you don’t buy houses, you don’t are going awry. Something basic is So many people are to blame for us buy cars, you don’t buy toys. Maybe happening, so that the liquidity of the getting to where we are. There are you buy groceries. But if it is broken, system, which means the money avail- plenty of people who abused the sys- who knows what will happen to a coun- able for the American financial system tem. But if we get hung up trying to try such as ours when we have been so that I have just spoken of—something find out who did something wrong, used to so much for so long. has clogged it up. We are told by the then we are going to sit here, with our Having said that, I have a little bit experts—and I don’t think they have fingers pointed, in chairs trying to con- more time and I wish to talk a little anything to gain. I think the Chairman duct hearings, asking the FBI to do bit about the history. Maybe I will of the Federal Reserve Board is a dis- things while the America we know goes rethink this for a minute and put it tinguished American who never would down the tube. this way. I believe it is imperative that have thought he was taking on this job I believe it is time for clear thinking, we pass legislation, and I believe that when he agreed to be Chairman of the for Senators to say: We have to take if the consensus is, after saying we Federal Reserve. this one on the chin. If it is going to want to give the executive branch what Incidentally, for those who don’t hurt politically, it might as well hurt they think they need to solve this know, he has a Ph.D. in economics, but politically while you are doing the problem, if the consensus is that we guess what his dissertation was on. It greatest thing you could do for your need to add something to that legisla- was on the Great Depression. I think country, and that is save it—save it tion—add oversight, add something on we are lucky that we have somebody from economic turmoil. If that is not executive pay, whatever the other there who understands the worst of the case and you don’t believe it, then things are—let’s get on with it. Let’s times. He is here, joined by the Sec- obviously you can leave as Senators or do that. Let’s sit down with the leaders retary of the Treasury, who is not a Representatives. Once the CR is passed, from the White House, from the execu- long-term Wall Streeter. It is only you can go home and start your Christ- tive branch, and say: What do we need about 6 years that he has been involved mas festivities and start running for in addition to their proposal? And let’s in the Wall Street activities as a busi- reelection. I hope if you do that, when talk seriously. I don’t see why it would nessman. He is here begging us, plead- you come back, maybe those of us who take so long. I don’t see why we can’t ing with us, and apologizing that he is will stay and work will not let the sys- do it. not a good speaker. I am kind of say- tem fall apart for you. But if you want Incidentally, I was chairman of the ing: Who cares. Just listen to what he to take that chance, do it. Budget Committee when the Resolu- says. If you can understand it, pick it I think my colleagues should be here, tion Trust Corporation was formed in up and decide there is something for not home campaigning. And I think the order to curb the savings and loan cri- you to do. American people are going to hold you sis in the early nineties. That effort If I sound like I am concerned, I responsible if you don’t get this thing was also very controversial. Yet that would like everybody to know I have a solved. effort stabilized the markets and even- very large stake in the future. My I hear some say we will do a little tually made money for the American grandchildren haven’t stopped arriving something. No, no, not do a little taxpayers. Of course, it was much more on the scene. I have 13 of them. I have something. We have the best people ad- limited in scope. We were talking 8 children of my own, and America has vising us that we have to do this, and about the savings and loan institu- been great to all of us. There are mil- there is even a chance if we do this tions. Some were regulated, some were lions more Americans like myself. right that we won’t lose as much not regulated, and we were in some What is going to happen if we leave money as we will as if we do nothing; kind of a real mess. Some had deposit here without solving this problem or at that, in fact, we may lose many more insurance that was adequately covered, least giving the executive branch, billions of dollars if we don’t do some- some didn’t. We had to take over their through the Secretary of the Treasury, thing to stop the hemorrhage and at assets and then dole them out. Some the authority to try to do something to the same time loosen up the money. people made a good deal and bought make this system liquid so that money I haven’t said ‘‘Wall Street’’ very them cheap and made money. People will flow again? If we don’t do that and often in this speech, and I haven’t used focused on that and said what a dumb we go home and think we are going to the word ‘‘bailout’’ because I don’t thing we did because some people made have a Christmas, we are apt to have a think we are bailing out Wall Street money on the buyouts from this Reso- Christmas that will shock us all. and I don’t think it is Wall Street that lution Trust Corporation. In the end, We are being told we can have a re- is the beneficiary of what we are trying when we added it all up, it made more cession. Those are the words of a mild- to do. Stop and think. Who is involved money than it lost, and it saved the mannered Federal Reserve Chairman. in this thing called money lending in system. In the process, a lot of purifi- That is what he says, we could have a the United States, credit in the United cation occurred, a lot of cleaning out recession. I am quite sure when he is in States? There are millions of people occurred. the back room talking with those ex- and thousands of institutions that lend The same is going to happen here. I perts who advise him and with Sec- money. To whom? To people buying a am no expert on the difference between retary Paulson, he says worse than car, buying a house, buying the Christ- then and now, the Resolution Trust that. He probably says the thing can mas presents for their children, im- Corporation problem that was being fall apart because it is all tied together proving the house, buying the lawn solved and the problems we are going and now it is all going to come untied, mower, buying their third car, and on to solve now, but clearly there are this great country, with billions of dol- and on. Those are the people who are many similarities. We were frightened. lars in securities in the hands of all using this credit system. When we heard the first reports about kinds of countries and people, having One time off the cuff I didn’t know how much we might lose, there were the dollar fall and the other signals out what to speak about before a crowd. I many who supported it who didn’t want there that maybe they are right, that decided to have them guess with me: to go home, they wanted to hide their we are getting close to things falling What is the greatest system that is heads under the desks because it was so apart. working in the United States that is many billions of dollars. This one is I have a prepared speech. I asked beneficial to you on an everyday basis? going to be worse, and if we don’t de- somebody who is an expert to give me Of course, nobody could guess what I cide to fix it, there are not going to be the whole history of the banking sys- was going to say. I said: the credit sys- any desks to hide under, in my opinion. tem of the United States since 1933. I tem of the United States. And then I The other problem we have is we was hoping I would have time to read it proceeded to tell them why the credit haven’t told the American people that and let everybody know what it was system was one of the best things that this affects them. They have been told, and how it happened and how we as leg- America had going for us—not for Wall because of the way it was presented, islators in America didn’t quite re- Street, for us. And the credit system is ‘‘Wall Street,’’ ‘‘bailout,’’ those famous spond to the banking system as fast as at stake. If it doesn’t work, nothing words—it has been presented as if it

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.025 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9363 doesn’t have anything to do with the better start solving it. Don’t be wor- through this week so I can make pay- people on Main Street and in our shop- rying too long how big the fire is or roll? ping centers across America and those how big the fire hose has to be. We A person who makes a significant or who are selling and buying houses any- know how big the problem is. It is ei- a reasonable amount of money takes where in America or buying cars from ther as big as they say, or we have to their money and puts it in their bank, their local dealerships. It applies to all guess and say we, as Senators, with no into a savings account or maybe into a of them. expertise in this area, no more than money market instrument because If liquidity, the liquid money flow- that, we are going to guess. I don’t they get more interest on a money ing, stops for any period of time, all of choose to do that. I don’t think that is market instrument, and that becomes those are affected. And guess who is at why we are here. This is a complicated a big asset in their life. the end of each of those. The American system. The credit system of the Let’s say a person wants to go out people. They are all going to be af- United States is complicated. They and buy a car. Most likely, they are fected. In fact, I am quite sure many have narrowed it down to five or six going to borrow money to do that, ei- thousands of Americans are worried major events and now the big one that ther from their local bank or through today as to what they should do with will wrap it up. We better help them or their car dealership or they are going their money, with their savings. We we better be prepared to face the con- to borrow money from a major finan- need to build some confidence back sequences ourselves as individual cial entity such as GE or GMAC. The into the system and in them. We need American Senators. same is true if you are buying a house, to stabilize the system and build con- I yield the floor and thank the Sen- obviously, or if you are buying a lot of fidence in the American people by us ate for listening. things. If you are adding on to your being confident, by speaking out that I suggest the absence of a quorum. house, you are probably going to try to we intend to do this, and by doing it we The PRESIDING OFFICER (Mr. get a home equity loan. If you are are going to save this credit system in CASEY). The clerk will call the roll. going to expand or improve your kitch- the United States which applies daily The legislative clerk proceeded to en, put on a playroom for your kids or, to each American in a different way, call the roll. if the kids are old enough, send them but is their credit system, the credit Mr. GREGG. Mr. President, I ask to college, you are probably going to system of the people of this country. unanimous consent that the order for borrow money to pay for their college The history of the banking system in the quorum call be rescinded. education. the United States is clearly an inter- The PRESIDING OFFICER. Without The ability to borrow, the ability to esting one, and I believe rather than objection, it is so ordered. use credit in our system is at the es- give it today, I will reserve it—I know Mr. GREGG. Mr. President, I under- sence of the economic lifeblood of our I will have another opportunity to stand that at 12 o’clock I am to be rec- system. Every person in this country is speak—and change the tenor of my re- ognized for half an hour, but I ask affected by it. marks today from the history of the unanimous consent that I be allowed to Unfortunately, what we are con- banking system to my version of the proceed at this time for half an hour. fronting and what we almost saw last problem, from the top of my head as I The PRESIDING OFFICER. Without week is a total seizing up of our finan- think and look at a few words, what I objection, it is so ordered. cial industry, and not just the big think the problem is and what I think f banks in New York we hear so much our responsibility is. about—not just Lehman Brothers and I once again say that before we leave MAIN STREET Merrill Lynch and Bear Stearns—but here, we have a responsibility to face Mr. GREGG. Mr. President, the rea- the mom-and-pop bank in your local up to what could be the greatest eco- son I wanted to take a half hour is to town, the medium-sized bank in your nomic crisis America has ever seen. If discuss at some length and in some local county or your State. All of these it isn’t that big, we don’t understand depth the situation we are in right were under huge pressure. And why is it. We are being told by those who now, as I see it, relative to the finan- that? It is because underlying the know that it is that big, that it could cial markets as they affect Main Street banking system is the business of trad- be the biggest economic crisis we have because there is a lot of confusion out ing and exchanging credit, of buying ever had. I tend to believe these two there and this issue is about Main and selling debt between banks. gentlemen. I have heard them. I don’t Street. It is that simple. One of the main elements of buying know them. I listen to them. I have no Why is it about Main Street? It is and selling debt is a debt instrument idea why they would be telling us this about Main Street because if our finan- called a mortgage-backed security. if it were not that they truly believed cial markets become totally desta- Now, what is that? A mortgage-backed it was the fact as they gathered the bilized, that leads directly to the abil- security is a debt instrument, as if you facts from this enormous credit system ity of people to keep their jobs, to keep went to your local bank and borrowed of the United States. their savings, and to create more eco- money, only it is a big set of debt in- I repeat, we are fortunate that the nomic activity on Main Street. struments, and the security for those two experts are truly expert on mat- How does this work? It is very sim- debt instruments is mortgages. What ters similar to the ones we are facing. ple. If you are working for a small com- has happened, because of the real es- I didn’t know about the good doctor pany or even a medium-sized company tate meltdown and because of the who is Chairman of the Federal Re- and certainly if you are working for a subprime event and the collapse of the serve until I was preparing for this large company, it is very likely those real estate industry, primarily in our speech and for these hearings, that not companies borrow money to do things. bigger States, such as Arizona, Cali- only is he an economist but his exper- They may borrow money to buy the fornia, and Florida, is it has become tise is in the Great Depression. No materials you work on in order to cre- extremely hard to value the security wonder he talks so confidently about ate their product. They may borrow below that debt instrument—those what might happen if we do this or money in order to pay their suppliers. mortgage-backed securities—because that. They may borrow money to pay their the value of that asset has reduced so Who are we going to believe if we payroll every week to make your pay- much, the house price has reduced so don’t believe people such as them? Who check. That is just the natural order of much. are we going to believe if we don’t be- commerce in our Nation. That is the The reason for that is because a lot lieve the Secretary? The Secretary way banks work. That is the way Main of the loans which were made to buy worked so hard yesterday. I was around Street works. those securities—to the person who is him late in the afternoon. I thought You have a little restaurant, a mom- actually paying the loan, the person maybe he ought to go home and rest, and-pop restaurant, and they didn’t who lives in the house, theoretically, he had worked so hard. He truly is try- make quite enough this week to pay or the person who speculated and ing to tell us with two red flags—if he their payroll, so they go to their local bought the house as part of their in- could hold five of them—he is trying to bank or the community bank and they vestment—were made at a time when tell us there is a big problem and we say: Will you give me a loan to get me money was so cheap to borrow that

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.026 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9364 CONGRESSIONAL RECORD — SENATE September 24, 2008 they were made at interest rates which their office and says—and this is a sim- Then, the third event was last week, were extraordinarily low and are today plified way of explaining this—OK, I last Tuesday night—AIG, an insurance being reset, as those notes become due need some commercial paper, some fi- company. Why, you say, do we need to under the terms of them, at a much nancing to get through my next pay- step in to defend an insurance com- higher interest rate and at an interest roll, which is going to be this week, be- pany? We didn’t need to step in to de- rate that the person who lives in that cause I didn’t make enough money on fend the insurance company. What we home can’t afford to pay. That is called my business this week—it is maybe a needed to do was to defend the insur- the subprime issue. And there are also seasonal event or a seasonal slow- ance which they had issued. Why? Be- a lot of variations of that, by the way. down—and they say: I need to get some cause almost every bank of any small So the person who is responsible to pay commercial paper to make my payroll, or medium size in this country uses in- that note, first, has an asset which well, they can’t get it because the bank surance issued by AIG to insure much probably isn’t worth what the note was can’t lend it to them because the bank of its capital assets so those capital as- issued for because of the drop in the is holding its money or the finance sets can be used against lending. value of the home prices and, second, house is holding its money for the pur- Whether a bank can lend depends on finds themselves with a debt they can’t pose of supporting its own capital posi- how much they have in capital assets. afford to pay because the interest rates tion or for the purpose of defending Had AIG gone down, the insurance—the have jumped so much. That translates itself against the fact that so many of rating agencies would have rated that into thousands, tens of thousands, hun- its money markets are being called in. insurance as nonperforming, for all in- dreds of thousands of situations which The practical effect of this is that you tents and purposes. I am simplifying it, merged together in these mortgage- create the potential for massive desta- but that is basically what would have backed securities which were then sold bilization of the economy at a level we happened. and then insured and then reinsured have never seen, potentially. That would have meant the banks and reinsured through something Now, some might say that is hyper- would have had to contract their cap- called credit default swaps in order to bole. I don’t think it is. Mr. Greenspan ital immediately and that would have avoid failure, in order to give coverage, doesn’t think it is. The former Chair- meant dramatically less lending; good and all of that system has essentially man of the Fed said this is a 100-year loans being called, people who paid frozen up—frozen up—so that those event. Warren Buffett doesn’t think it their loans would find their loans no mortgage-backed securities are no is—a Democrat—and I am quoting him longer existing as the banks had to col- longer tradeable because nobody knows because he said this morning that he lect more capital to get their capital the value of them, and the insurance had never seen an event like this in his requirements up. Many banks might that was issued on them is at risk, life with the potential for this type of even have failed as a result of that also, because of the fact that the asset destabilization. event. It was a systemic problem be- has depreciated and the revenue to pay I think anybody who is honest about cause the insurance was so pervasive the cost of that debt has depreciated. it recognizes that the last few weeks throughout the system and it so sup- How does this affect the person on have been extraordinary and the threat ported the banking and financial Main Street, the person in Epping, NH, to our economy and to the everyday houses, to say nothing of the money or Raymond, NH, or Lancaster, NH? life of Americans has been immense— market area where it also played a The way it affects them and the way it the threat. major role. affects all Americans is that when that What has happened to try to address Again, Chairman Bernanke in this freezes up and the banking system can this? Fortunately, we have had a very situation stepped in to stabilize that no longer get value for the debt which activist, very bold, and very creative insurance. He didn’t bail out AIG. it has on its books and it has to start Federal Reserve Chairman and Sec- Don’t say to Mr. Greenberg, who was writing down that value, then the retary of the Treasury. Leading up to the primary stockholder in AIG and banking system starts to contract dra- where we are today, we had three who lost $5.8 billion in 1 week, I think matically because the assets which the major fiscal crises that were addressed it was, that he was bailed out. No, the bank was depending on in order to be aggressively. The first, of course, was stock basically went down to $1, I able to lend against are depreciating Bear Stearns, the first financial house think, $1 or $1.50. The senior debt was radically. As a result, the financial to go down. That was aggressively ad- replaced by debt owned by the Federal ability to get credit dries up and con- dressed by an infusion of support, not Reserve, which is paying 11 percent and tracts, and people react to that, and for Bear Stearns—the stockholders of I think everybody agrees that in the they did last week. Bear Stearns lost all their money, as end that will end up being a financial— This is not a theoretical event, by did their debtholders—but for the un- the Federal Reserve will make money the way. This type of destabilization is derlying financial institutions and the on it. upon us, unfortunately, and what we debt structure built around Bear Now we are at the fourth event of are trying to do is avoid it becoming an Stearns. this very tenuous and difficult finan- epidemic. But last week, in response to The second was Fannie and Freddie. cial dislocation that we confront and the fact that people couldn’t get money Here, the Federal Government, again, that is the request by Chairman and didn’t have confidence in lending and the Congress, acting in a very re- Bernanke and Secretary Paulson to money or borrowing money, we had sponsible bipartisan way, passed legis- give Secretary Paulson the authority $335 billion taken out of money market lation which allowed us to stabilize to basically use up to $700 billion of accounts and basically moved over to those two entities. Why did we need to Federal debt to go in and buy debt Treasurys. stabilize those two entities? Because which is not performing off the books What did that do? It was essentially they own $5 trillion of the mortgages of various lending agencies and finan- a run on money market accounts. Well, in this country. Mr. President, 70 to 80 cial houses so the market can begin to if you have a run on money market ac- percent of the mortgages in this coun- perform. This goes back to those mort- counts, you have a very serious prob- try are run through those two compa- gage-backed securities I talked about; lem. Last Wednesday night, we had nies. Had they been allowed to col- to get that freeze which has occurred, that problem, because what happens lapse, had they been allowed to totally that logjam to break up so the markets when there is a run on money market implode or to become massively dys- can function in an orderly way and accounts? Well, the entities that have functional, the entire credit market people can borrow money and people on those money market accounts have to would have frozen, the mortgage mar- Main Street can finance their payrolls, pay them off, which means they have ket would have frozen, and a lot of peo- can finance their homes, can finance to hoard their cash in order to support ple would have lost their homes. So, their house, can finance sending their and defend their money market ac- again, the Congress, acting in an ex- child to college, and the economy counts which are in their banks. So traordinarily responsible way with the grows rather than contracts. Instead of they can’t lend any more money; they Secretary of the Treasury, created the losing jobs, we will add jobs; instead of have to actually start calling in ac- authority to move forward to settle losing net worth, we add net worth. counts. So when somebody comes into that. That is what this is about.

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.028 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9365 There has been a lot of misrepresen- invested. The Federal Reserve has two companies, we were able to keep tation, exaggeration, and political taken $85 billion and essentially the ordinary business of lending for statements made around here—espe- bought AIG. In buying AIG, they got mortgages in this country going for- cially in the ‘‘talking head’’ area of the the parts as well as the holding com- ward and moving in a constructive media. They say, basically, there is a pany. The holding company is where way. We had to put enough money on $700 billion bailout, we are going to the problems were. The parts, the sub- the table or represent that we were take $700 billion of taxpayers’ money sidiary insurance companies—of which willing to put enough money on the and throw it at financial institutions I think there were about 150 or 160— table so nobody could question that we across this country and get the fat cats were actually quite economically were not going to be able to stabilize off the hook, so to speak. We need to go strong and viable. In buying that com- those two institutions and that is why back and talk about what happens to pany, not only did they wipe out the the numbers were picked. the taxpayers in all four of these stockholders, not only did they kick How much has actually been spent of events. out the management, not only did they taxpayer dollars? Five billion dollars, I will represent upfront I do not eliminate the golden parachutes, but that is what the Treasury has had to know exactly what is going to happen. they took back securities which guar- put in so far. As a result of this putting Nobody else does. But I also represent anteed an 11.5-percent payment to the in that $5 billion, we are seeing mort- upfront that the cost to the taxpayer Fed before anybody else. So as AIG gage rates actually come down because will be dramatically less than any of starts to make money again—which it we are actually getting a Fannie Mae these numbers which are being thrown certainly will because it and its sub- and Freddie Mac that are able to func- out there in a most irresponsible and sidiaries are a very viable company— tion again. So that is all good news. I inappropriate way. When somebody the Fed is going to make 11.5 percent don’t know how much more will have says $700 billion to $1 trillion this is at a minimum. I don’t think there is to go in, but it certainly will not have going to cost taxpayers, they are being anybody who has looked at this exer- to be $200 billion or anything near that dishonest when they make that state- cise who has not concluded that this is number. Furthermore, once again, with that ment. It is never going to cost that going to be a financial benefit to the $5 billion, we are buying assets that type of money, never even be close to Fed. The Fed is actually going to make have value. How much value is still up that type of money. In fact, the tax- money off that in the sense that over in the air. But we will get some sort of payers are going to come out of this the long run—when I say ‘‘long run,’’ I return on that $5 billion. Thus, under making money because we will replace am talking about less than 5 years— the scoring rules that we work under in other investors, and when those inves- over 5 years they will have a return on our budget, because this is a credit ac- tors pay off, they will make a little that purchase of AIG which will exceed tion, this is not going to score as a $5 money. the $85 billion they put up. billion hit on the Federal deficit, even Let’s go through all four of these So when somebody says that was a though $5 billion has been spent be- items as to how much it is going to bailout with taxpayers’ dollars, once cause CBO is going to say some per- cost the taxpayers. Bear Stearns, $29 again they are totally inaccurate and centage of that $5 billion is going to billion. That is what the Federal Re- they are misrepresenting and trying to come back to us as these assets mature serve put into Bear Stearns. That is scare people by saying that. and as people make payments on those the Federal Reserve, remember. This is Now we come to the two big items. assets and, thus, maybe it will only be not off the Federal budget. It is not Big items? The other ones are pretty $1 billion; maybe we will get $4 billion from the Federal taxpayer. The Federal big; $85 billion would take care of the back. So the effect on the Federal def- Reserve is an operating corporation. It State of New Hampshire for I don’t icit will be $1 billion. I don’t know how has about $895 billion of assets. Every know how long—probably 20 or 25 years CBO is going to score it, but they are year it makes $25 billion to $30 billion, or so. going to score $5 billion as dramati- Now we come to the two very large which it pays to the Federal Govern- cally less than $5 billion as a hit on the exercises; first, Fannie Mae and ment as income. Chairman Bernanke deficit. has decided to take $29 billion and in- Freddie Mac. In those instances, the At the same time, we have been able vest it in various bonds that were Congress, in a bipartisan, extraor- to stabilize, to some degree, the Fannie issued by Bear Stearns, to give those dinarily constructive way, joined with Mae and Freddie Mac situation because bonds stability. It is very likely the Secretary Paulson and said to Sec- we took aggressive and bold action, Federal Reserve will get all that retary Paulson: We are going to give which brings us to where we are now. money back, or a large percentage of it you $100 billion of authority for each This whole issue of whether we need back. It is totally unlikely the Federal company, $200 billion total, that you to move forward with a major effort of taxpayers will end up with any type of can use to stabilize those two institu- stabilization and recovery for the fi- bill from this exercise. That is prob- tions. Why so much money? Because nancial industry, generally, by having ably a zero cost to Federal taxpayers. we had to make it clear to the people the Federal Government come in and The only thing that could possibly hap- who were dealing with Fannie Mae and basically buy up a lot of securities pen that would affect Federal tax- Freddie Mac that the Government which today cannot be traded on the payers is the Federal Reserve might would be there to stabilize them. market because nobody can value make less money this year and, thus, By stabilizing them, it would cost us them. That is what I was talking about pay less into the Government as part of a lot less. If we allowed them to un- earlier. You cannot value these securi- its contribution, when it makes a prof- ravel, if we allowed them to basically ties because nobody understands what it, to our revenues. But even if that oc- go into a destabilized situation, then the underlying equity that supports curs, in the outyears, it is likely that the contraction to the economy would these securities is, the value of that amount of money will be higher be- have been so overwhelming because home; and nobody knows whether the cause they will be getting that money mortgages would essentially have been people paying on that debt originally or a large percentage of it back. So called all over this country and mort- are going to be able to make their pay- that doesn’t cost us anyway. gages would not be able to be obtained ments as these mortgages reset. So when someone in the press—not by virtually anybody. We would have The Federal Government is going to the press, I don’t want to pick on the seen a massive contraction on top of come in. What Treasury Secretary press—when someone says it is a $29 the already serious situation we have Paulson has asked is for the Federal billion taxpayer bailout with taxpayer in the real estate industry and that Government to have the authority to dollars, it is not. That is plain wrong. would have had a huge impact, not come in and start buying up these se- The second event I wish to talk about only on Main Street and on John and curities in classes, in groups, across because it is similar—it is not in se- Mary Jones, who want to buy their the board. The question becomes, will quence, but it is significant—is the house or stay in their house, but on the he have to spend $700 billion to sta- AIG, $85 billion. In this instance, once Federal Government in the way of rev- bilize the financial markets? And how again it is the Federal Reserve invest- enues because taxes would have fallen much will that cost the American tax- ment. It is not taxpayers’ dollars being off precipitously. By stabilizing those payer?

VerDate Aug 31 2005 00:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.029 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9366 CONGRESSIONAL RECORD — SENATE September 24, 2008 First off, the easy answer to it is it is difference between the $700 billion and We do not want to take that gamble not going to cost anywhere near $700 what they estimate we will get back as a nation. The cost of not taking that billion, even if he uses the whole $700 from the assets that we purchase. gamble is not that high. It is not $1 billion, which he probably will not do. I suspect that estimate is going to trillion, it is not $700 billion, as I have But even if he were to use the entire be—I do not know what it is going to run through the scenario. It is vir- $700 billion authority, he would be out be, but it is certainly not going to be tually no dollars in the Bear Stearns- buying assets. anywhere near $700 billion, $100 billion. AIG event; it is a marginal number of He would be out buying notes that It is going to be a shot in the dark be- dollars potentially in the Freddie Mac have security behind them and, there- cause nobody knows. But we do know and Fannie Mae event; and in the big fore, we will be paid, to some degree, as we are going to get some value for this event, the $700 billion, we do not know to their value and depending upon what investment. In fact, if things were to what it will be, but we know it is dra- he buys these notes at. Let’s say he is work out, we might get as much value matically less than $700 billion because not going to buy them at face value. back as we put in, maybe even more. we know we are going to recover a Let’s say someone borrowed $100,000 se- That is not the expectation, that is not large amount of those assets, and the cured by a house, and nobody knows the purpose. net cost of that activity will be well what the house’s value is now, and the But clearly when somebody gets on below $700 billion, assuming there is person who borrowed the money cannot the public airwaves and says: We are even a net cost over a 5-year or 10-year repay that because the cost of the note, putting $700 billion of taxpayers’ period as we work out these loans. the reset interest rate is too high. That money into this and we are not getting But the cost to us if we do not do note is not going to sell for $100,000, it anything back, we are throwing it at this? Potentially staggering to every- is going to sell for something less, these big companies, they are big body in America. This is not about maybe $70,000 maybe $60,000. demagogues, they are big, dishonest, Wall Street; this is about Main Street. It is not clear what the Treasury is they are heightening the problem rath- This is about people keeping their jobs; going to buy that for right now. I want er than addressing the problem. They small mom-and-pop businesses being to get into that in a second, but what- are certainly not factually accurate as able to borrow money to operate; peo- ever they buy it for, they will be get- to what is going to happen here. The ple being able to send their kids to col- ting an asset. And the question will be, deficit will not be aggravated by any- lege; an economy being able to be a is the price they paid for that asset thing near that number. growth economy rather than a con- above or below what they can, in the Now, will the Federal debt go up? tracting economy. end, get for that asset? Yes. But then it comes back down as That will affect everyone, everyone Now, the big advantage the Federal we get the money back. So that also is in America. So I think it is time to put Government has is we do not have to not a legitimate argument. If you have an end to the theater and to the do what is known as mark to market. got a legitimate complaint, it is this as politicization and to the hyperbole. We do not have to write down these as- a conservative: When we make this in- I congratulate a lot of folks on the sets the way a bank does or a financial vestment and we start to get this other side of the aisle. I congratulate house does as they become destable, as money back, which we will, over the the Senator in the chair, from Pennsyl- the assets become destable. We are the next 5 years, so that money is flowing vania. He has been responsible. I have Federal Government. We can hold that into the Treasury at a pretty big rate, heard Senator SCHUMER, who is a lead- asset until it is paid off at face value, $500 billion, $600 billion, $700 billion, we er in this area, make some extraor- for example. better make darn sure that money goes dinarily constructive ideas. Senator So not only do we get the 70 cents to reduce the debt of the Nation and DODD is trying to be constructive. back, but we get 100 cents back on the does not get spent around here on var- I think there is a willingness in this dollar, so we can actually put ourselves ious products, which is what we tend to body to act at least in a bipartisan, in a position where if we pay a reason- do with money when we see it arriving constructive way. That is what we need able price for an asset we may make at our doorstep. That is what I am con- is some mature action around here. money on the asset. We do not know cerned about. That is our responsibility as a govern- that that will happen, because the pur- I am hopeful that whatever the final ment. We have a crisis upon us. There pose here is not to make money, the agreement is, it will have language in are ways to avoid it. We have a respon- purpose is to stabilize the financial it that says as we start to get this debt sibility to pursue a course of action markets and give them the ability to repaid, the Federal Government starts which gives us the best chance of start freeing up, trading and freeing up to receive monies as a result of the in- avoiding that for the American people. activities so that the credit markets vestment we have made, those monies I yield the floor and I suggest the ab- start to move back and forth once will go directly to reduce the debt of sence of a quorum. again. the Federal Government, and the debt The PRESIDING OFFICER. The But if we are successful, and we will we are passing on to our children. clerk will call the roll. be if this plan is approved, then the But what is the practical effect of The assistant legislative clerk pro- credit markets will start to move once doing this, of putting this type of com- ceeded to call the roll. again, and that will raise the economy. mitment up, this type of commitment Mr. ALEXANDER. I ask unanimous And as the economy improves, then to stabilization? The practical effect is consent that the order for the quorum these mortgages that we will have that we stabilize, hopefully, the finan- call be rescinded. bought, these mortgage-backed securi- cial markets. What is the effect of not The PRESIDING OFFICER (Mr. ties, and their other things such as doing this? What is the effect of not MENENDEZ). Without objection, it is so loans, will start to improve in their doing this? We are playing with fire. ordered. performance, and the chances of us get- We are rolling the dice. We are con- f ting a good portion or all of the money fronting potentially one of the most back that we put into this effort will significant economic events in the his- FAREWELL TO RETIRING be pretty high. tory of this country, and it is not a SENATORS What is the effect of that? That good event if we do not take action. Mr. ALEXANDER. Mr. President, means that instead of costing $700 bil- There are a lot of very thoughtful Senator PETE DOMENICI, who is retiring lion, we may get $600 billion back, we people around here who know that. from the Senate this year after serving may get $500 billion back, we may get Last week we almost saw that event since 1972, once said to me that we $800 billion back. Whatever we get occur when there was $335 billion of don’t say goodbye in the Senate very back, that is going to be a net figure. money market funds pulled out of the well. As a matter of fact, we don’t say So when CBO scores this activity, they market and we basically saw the banks hello very well either. We have a little are not going to say the deficit is going unable to continue to operate in an or- orientation program, but we abruptly to increase by $700 billion as a result of derly way because of that until the Fed arrive and leave. We leave in the midst us passing this proposal, they are going and the Treasury came in to basically of a lot of turmoil and discussion with to say it is going to increase by the net stabilize the situation. very little time to say goodbye. Yet in

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.030 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9367 between that arrival and leaving, we we would be here. It is hard to plan Center, which is almost open, was have very intense personal relation- your way into the Senate because we being worked on and running over ships. We virtually live with each come from all different directions. budget and had some problems, Sen- other. We see each other often for Senator HAGEL, who is Nebraska’s ator ALLARD, through his chairmanship breakfast, lunch, and dinner. We see senior Senator, is retiring after only of the Legislative Branch Appropria- each other more than we see our fami- two terms in the Senate, but he has tions Subcommittee, was able to jump lies. So when there is a time for saying had a full life so far, starting a busi- into that and provide a great service. goodbye, we look for ways to say it a ness or helping to start one that be- I say to all five of those Senators, we little better. came a public company. While we have will miss them. We are grateful for There are five Members of our body, a great many patriots in the Senate, their service. I know people must look all of them Republicans, who have an- men who are honored for their service at the Senate in many different ways. nounced their retirement for this year. in the military—such as Congressional Let me conclude by telling a story While I won’t be speaking at length Medal of Honor winner, Senator about how some teachers look at it. We about them here today, I want to rec- INOUYE; Senator STEVENS, who flew the have a tradition in the Senate of mak- ognize their service. I will do it in the first plane to land in Beijing after ing a maiden address. It is kind of a traditional way in the Senate, which is World War II ended; Senator MCCAIN, funny name, but we still call it that. to start with seniority. By ‘‘seniority,’’ whose story is well known, while he We pick the subject of most interest to I mean from the time I have known never discusses it—Senator HAGEL’s us. My subject was to put the teaching them. heroism and service serving side by of U.S. history and civics back in its I first met JOHN WARNER 40 years side with his brother in Vietnam is one proper place in the school curriculum ago, in 1968. I was a young lawyer, and of the most fascinating, heroic stories so our children would grow up learning he was head of United Citizens for of any Member of the Senate. what it means to be an American. Nixon. I went to work for him in Wash- With that sort of independent back- There is not too much the Federal Gov- ington, DC, at the Willard Hotel. He ground, you can imagine he brought to ernment can do about that, but what had been an advance man for President this body a sense of independence, a we were able to do is to begin summer Nixon in 1960. He had been a business- great knowledge of the world. Along academies for outstanding teachers and man who was a striking figure, as he with Senator LUGAR on this side of the students of American history. One still is. I remember one of my assign- aisle, he understands the world better group of those teachers was here in ments was to recruit a Mississippi than almost anyone, and he works hard July, one from each State. I brought chairman, and I found an outstanding at it. He has been independent in his them on the Senate floor early one young man named THAD COCHRAN who views, willing to criticize those he morning. I took them to Daniel Web- became chairman of Citizens for Nixon thought were wrong, including those in ster’s desk, which is occupied by the in Mississippi. Then we went to Indian- his own party. He has written recently senior Senator from New Hampshire apolis for the national meeting of our an excellent book about the future of right here by me. I took them back to organization, and the mayor of Indian- our party. We will miss Senator HAGEL. that part of the Senate where Jefferson apolis was RICHARD LUGAR. JOHN WAR- Senator LARRY CRAIG has been in the Davis’s desk is, occupied by the senior NER was 17 years old and enlisted in the Congress for a number of years. He Senator from Mississippi, and told Navy in World War II. He served as a served three terms in the Senate. I be- them the story of how the marks in the marine officer in Korea. He was ap- lieve Senator CRAIG’s great contribu- desk are because a Union soldier came pointed by President Nixon as Under tion is in the area of energy. He and in during the Civil War and started Secretary of the Navy in 1969 and be- Senator DOMENICI have been a team in chopping on it with his sword. His com- came Secretary. He has served in this advocating for nuclear power. They manding officer came in and said: Stop Senate since 1978 with distinction. He have been leaders in the Senate in un- that. We are here to protect the Union, has added civility, a sense of institu- derstanding energy and its details, par- not to destroy it. tion, and perhaps his greatest con- ticularly over the last few years as This Chamber is full of history, full tinuing contribution has been his ex- issues of energy and the environment of our country. Anyone who stands on pertise and independence and leader- have become the most fascinating and this floor and sees the engravings of ship on matters of military affairs important issues we have to deal with ‘‘In God We Trust’’ or ‘‘E Pluribus which he has discharged in a bipartisan in many respects. Senator CRAIG has Unum’’ and gets a sense of what has way with Senator LEVIN for many made a great contribution. happened here has respect for it. The years. I especially appreciate his courtesies. teachers had that respect. When we got Senator DOMENICI from New Mexico When I was just elected to the Senate, to the end of our visit, one teacher said has been here since 1972. That is a long I had worked here before as a staff to me, I think it was the teacher from time. He arrived as a young man. He member many years ago, but I didn’t Oregon: Senator, what would you like had been a chairman of the Albu- understand what it was like to be a for us to take home to our students querque City Commission, a math Member. Senator CRAIG took a long about our visit to the Senate floor? teacher, a baseball player. It was un- hour with me on the telephone just ex- I said: I hope you will take back that usual for a Republican to be elected to plaining to me about committee as- each of us takes our position a lot the Senate from New Mexico. He has signments. I have always been grateful more seriously than we take ourselves. served with distinction all that time. for that. We understand we are accidents, that He was the first Republican chairman Finally, there is Senator WAYNE AL- we are very fortunate and privileged to of the Budget Committee. He has been LARD. We have two veterinarians in the be here, that each of us reveres our a leader in a renaissance of nuclear en- Senate. When WAYNE ALLARD goes country, and we respect this institu- ergy in this country which is so impor- back to Colorado, we will have one. tion. I can only speak for myself, but I tant because of its low cost and be- Senator ALLARD told the people of Col- think it is true of Senators on both cause it is clean. A great many people, orado if he was elected that he would sides of the aisle that we get up every including myself, are concerned about serve two terms. He has, and he is day thinking first of how we can make global warming. Well, 70 percent of our keeping his pledge. He has been a a little contribution before we go to carbon-free electricity in the United strong and vigorous advocate of mili- bed at night that will help the country States comes from nuclear energy. tary preparedness. He is a member of be a little better off than it was in the Senator DOMENICI, more than almost the Armed Services Committee. He has morning. That means serving in the anyone, has been behind the revival of been a member of the Appropriations Senate is a very great privilege. I hope interest in nuclear energy. He has Committee. you will take that back to your stu- truly been one of the most consequen- One of Senator ALLARD’s great con- dents. I don’t know what they see on tial Senators of the last half century. tributions in the last couple of years television or read in the newspaper CHUCK HAGEL of Nebraska is like the was to take a job that many others about the Senate, but that is how we rest of us Senators. We are all acci- probably wouldn’t have wanted and feel about the privilege we have to dents. None of us could have guessed plow into it. When the Capitol Visitor serve here.

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.032 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9368 CONGRESSIONAL RECORD — SENATE September 24, 2008 To these five Senators—WARNER, Committee, introduced the Predatory As our country prepares to face the DOMENICI, CRAIG, HAGEL, and ALLARD— Lending Consumer Protection Act to consequences of George Bush’s fiscal we say goodbye. They are members of restrict abusive predatory lending. The dereliction of duty, Congress is pre- our family. We appreciate their serv- same year, Senator SCHUMER intro- pared to act as quickly as we respon- ice. We know they have believed it has duced the Predatory Lending Consumer sibly can. But the Congress, and espe- been a very great privilege to serve in Protection Act. In 2002, Senator Sar- cially the American people, have a the Senate. For us it has been a great banes reintroduced his bill. In 2004, right to know this: Where is President privilege to serve with them. Senator Sarbanes and the current Bush? President Bush has sent Con- I yield the floor. chairman of the Banking Committee, gress an unprecedented $700 billion The PRESIDING OFFICER. The Sen- Senator DODD, called on the Federal bailout proposal—$700 billion straight ator from Nevada. Reserve to take action on alternative from the pockets of every single man, f mortgages. Senator DODD called them a woman, and child in America. Yet nightmare for low-income Americans. President Bush has been absent from THE ECONOMY In 2005, the House of Representatives what may well be the most important Mr. REID. Mr. President, as I have passed bipartisan legislation to reform debate on economic policy in a genera- said on many different occasions, one the regulation of government-spon- tion. of the heroes in my family as I was sored enterprises, Fannie Mae and Isn’t it interesting. You look at our growing up was Franklin Roosevelt. Freddie Mac. It passed the House 331 to experience, the Presiding Officer’s and That is an understatement. One of the 90. my experience. When there was an The Democratic minority in the Sen- things I admired most about President issue of such paramount importance, ate tried to pass it. We were blocked by Roosevelt was how he lifted our coun- we were always called to the White the White House and Senate Repub- try out of the Great Depression and did House. Not this time. The President licans. When Representative Oxley, so by speaking directly to the Amer- has not been available. It has not been one-time chairman of the Banking ican people on the radio, telling the his issue. American people the truth. All he told Committee and a devout Republican, Well, it is his issue. We have a right us was not good news, explaining plain- brought this legislation to the White to know—Congress and the American ly what needed to be done. House, the President, in the words of people—where is President Bush? He Another President that we all ad- Mike Oxley, gave him ‘‘the cold shoul- sent Congress this unprecedented $700 mire, Democrats and Republicans, was der and the one-finger salute’’ and re- billion bailout proposal. This money, Harry Truman. We all know that Presi- jected the bipartisan plan. as I have said, is straight from the dent Truman had on his desk a wooden In February of 2008, Senate Demo- pockets of each one of us, and even our sign that said, ‘‘The buck stops here.’’ crats introduced the Foreclosure Pre- children and our children’s children. It did, and it does. vention Act, which was blocked by Yet President Bush has been absent Today we face what economists call Senate Republicans after a veto threat from what may well be the most impor- the greatest economic danger since the from the White House. tant debate on economic policy in the Great Depression. We have come to In June 2008, the White House threat- history of our country. this point after 8 years of President ened to veto the Federal Housing Fi- nance Regulatory Reform Act, which Bush waging a war on fiscal responsi- I was listening to the radio this would have improved oversight of bility. His Republican philosophy of re- morning and Allan Sloan, who is an Fannie and Freddie. The reason for the moving all accountability from big economic writer, said this issue is as veto threat? They did not want to help business and expecting no responsi- big as he has ever seen or heard about. communities struggling with fore- bility from them in return has created Well, I do not know if he is right, but closures. If the President had signed this crisis that now threatens to dev- I think the President should be avail- this bill in June, we would have saved astate America’s working families. able. He has given two brief statements billions we must now spend to bail out President Bush put cronies and to the press and a press release admon- Fannie and Freddie. ishing the Congress to accept his bail- ideologues in charge of all critical reg- In every one of these instances, ulatory agencies, including the Justice out plan immediately. Other than that, Democrats saw the storm clouds gath- President Bush has been silent. Department, who ensured that special ering and attempted to pass legislation interests would always come before the We must not forget, President Bush that could have steered our course is still President of the United States. common good. away from the crisis we now face. But In one example of particular irre- It is time for him to focus on the issues every time, the White House and con- and tell the American people where he sponsibility, the Bush administration gressional Republicans chose to con- refused to exercise its regulatory au- is. It is time for him to explain why 8 tinue along their own irresponsible years of deregulation policies have thority over the mortgage industry. path, which brings us to where we are The President’s neglect allowed mas- bought us to this dangerous ground. It now. is time for him to explain why this ad- sive fraud and widespread predatory After ignoring Democrats in Con- ministration sat on its hands for lending to pave the way for the largest gress and good fiscal sense for 8 years, months and only now has come to real- mortgage crisis in our entire history, a President Bush has sent Secretary ize the need for immediate and unprec- crisis he continued to ignore long after Paulson and Chairman Bernanke to edented Government action. the consequences of the plundering and Congress to pitch his $700 billion bail- pillaging of the mortgage market be- out. As I have said before, Secretary Where was he when it was called for 1 came clear. Paulson and Chairman Bernanke are during his first 7 ⁄2 years? It is time for Here in the Senate, we never got the good men. I believe they both have the him to explain how he could tell our support of President Bush when we best interests of our country at heart. country for months that our economy were trying to do something with hous- I certainly hope so. But the testimony was fine, the fundamentals were fine, ing reform. In fact, just the opposite; of yesterday’s Banking Committee yet overnight declare that if American he was threatening a veto. We had to hearing made it clear that Secretary taxpayers do not accept his bailout break seven Republican filibusters on Paulson and Chairman Bernanke have proposal, our country will face eco- that legislation. not yet successfully made the case for nomic disaster. History will show that while all this the Bush plan. Democrats and Repub- And, most importantly, it is time for was going on in the White House, for licans raised serious questions about him to explain how his plan, drafted the last 20 months we Democrats were the plan, and I do not believe anyone— literally under the cover of darkness, trying to restore fiscal sanity. Here are Democrat or Republican—felt those will help America weather this storm. some examples over the years. questions were sufficiently answered. This is not the Paulson plan. This is We have only been in control of the At 2 o’clock today, in the House of not the Bernanke plan. This is not the Senate for the last 20 months. Prior to Representatives, their Banking Com- Congress’s plan. This is the Bush plan. that, in 2000, Senator Paul Sarbanes of mittee is going to listen to the Chair- It is time for him to take ownership Maryland, chairman of the Banking man and the Secretary. and demonstrate leadership. He is our

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.032 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9369 President, and it is time for him to re- leagues this about the bailouts by the front of a mirror and you might have a alize that the buck stops with him, as administration. Everybody is talking small television set that you are President Truman said. about a $700 billion proposed bailout by watching, seeing what is going on, and If President Bush is serious about the Federal Reserve and Treasury Sec- the advertisements come on—and they passing legislation quickly, he should retary Paulson. In fact, the Federal Re- are always louder than the programs. address our country and make his case. serve previously committed $29 billion The advertisements say: Hey, if you Then he should seek to work with so J.P. Morgan could buy Bear Stearns, have been bankrupt or if you have bad Members of both parties to reach a rea- the investment bank that was failing. credit, you can get a loan from us. Do sonable solution that American work- In addition, the Fed opened its dis- you think you are paying too much for ers, families, small and large busi- count window for direct loans to non- your home loan? Are your house pay- nesses all desperately need. regulated banks for the first time since ments too high? Get a loan from us. I suggest the absence of a quorum. the Great Depression. We understand This was the biggest mortgage bank The PRESIDING OFFICER. The that this program and two other Fed in the country, Countrywide. They ad- clerk will call the roll. loan programs total some $300 billion. vertised this: The bill clerk proceeded to call the There is another $300 billion for the Do you have less than perfect credit? Do roll. Federal Housing Administration, and you have late mortgage payments? Have you Mr. REID. Mr. President, I ask unan- about $200 billion for Fannie and been denied by other lenders? Call us. imous consent that the order for the Freddie; JPMorgan Chase for Lehman America’s biggest mortgage bank quorum call be rescinded. financing, $87 billion; AIG insurance, was saying: Have you got bad credit? The PRESIDING OFFICER. Without $85 billion; $50 billion for money mar- Call us. Want a loan? Call us. objection, it is so ordered. ket funds that was offered as a guar- Millennia Mortgage said this in their antee; and now the prospect of $700 bil- advertisements: f lion is pending. That isn’t just $700 bil- Twelve months, no mortgage payments. ORDER FOR RECESS SUBJECT TO lion; that totals $1.7 trillion. Even if That’s right, we will give you the money to THE CALL OF THE CHAIR the Congress decides not to provide the make your first 12 payments if you call in $700 billion bailout that is being re- the next 7 days. We pay it for you. Our loan Mr. REID. Mr. President, we have quested, there already exists $1 trillion program may reduce your current monthly had a Senator object to a very impor- payment by as much as 50 percent and allow that have been offered to try to sta- tant hearing taking place this after- you no payments for the first 12 months. Call bilize the financial system. us today. noon. Therefore, we are going to have Now, the question is, How did we get So Millennia Mortgage was saying: to recess at probably about 2:30 subject into this mess? What caused this Get a mortgage from us. We will pay to the call of the Chair. wreckage? What do we think we should the first 12 months. They didn’t say, of It is my understanding that the dis- do about it? I wish to talk for a bit course, that that money you are not tinguished Republican leader is going about what caused this. I take no pride paying is going to go on the back end to come to speak in an hour, hour and in being right 9 years ago as one of of the loan, with interest, and will sub- a half, but perhaps around 2:15. I ask eight Senators who voted against the stantially increase the cost of your unanimous consent that the Senate Financial Modernization Act. That act loan. stand in a period of recess following was a bunch of folks who sold to the the remarks of the Republican leader Zoom Credit, in their advertisement, Congress the proposition that what we said this: subject to the call of the Chair. put in place for protection in the 1930s, The PRESIDING OFFICER. Is there Credit approval is just seconds away. Get during the Great Depression, to sepa- on the fast track at Zoom Credit. At the objection? rate banking from more speculative en- Without objection, it is so ordered. speed of light, Zoom Credit will preapprove terprises, such as real estate and secu- you for a car loan, a home loan, or a credit Mr. REID. I suggest the absence of a rities—the decision was that that is card. Even if your credit is in the tank, quorum. old-fashioned, don’t keep doing that; Zoom Credit is like money in the bank. The PRESIDING OFFICER. The let’s allow these companies to merge, Again, they say that even if your clerk will call the roll. to create massive financial holding credit is in the tank, Zoom Credit is The bill clerk proceeded to call the companies—a kind of financial cafe- like money in the bank. roll. teria under one roof. Let’s bring them Zoom credit specializes in credit repair and Mr. DORGAN. Mr. President, I ask together, and you can build firewalls debt consolidation, too. Bankruptcy, slow unanimous consent that the order for inside the organization. So the Finan- credit, no credit—who cares? the quorum call be rescinded. cial Modernization Act was passed. That is what they advertise. I don’t The PRESIDING OFFICER. Without I said on the floor of the Senate then know who the president of Zoom Credit objection, it is so ordered. that within 10 years I believe we will was or who the president of Millennia Mr. DORGAN. Mr. President, is the see massive bailouts that will be paid was. I know who the president of Coun- Senate in morning business? for by the American taxpayer. I regret trywide was. I know he is out of that The PRESIDING OFFICER. That is that I was right. It should not have company. That company is now col- correct. happened, however. I wish to talk lapsed and sold. He ended up with Mr. DORGAN. I ask unanimous con- about what has happened as a result of somewhere north of $140 million in un- sent to speak for up to 30 minutes. taking down the basic protections. Let believable outer-space compensation. I The PRESIDING OFFICER. Without me go back to the start of two things— don’t know who these company presi- objection, it is so ordered. one I mentioned—the Financial Mod- dents were, but I assume the brokers f ernization Act, which took apart the and CEOs of these companies were wal- protections. Second, a group of people lowing in money. They were all wal- THE ECONOMY came to this town boasting that they lowing in money like hogs in a corn Mr. DORGAN. Mr. President, I have weren’t interested in regulating. Peo- crib, grunting and snorting, making often described on the floor the lyrics ple were put into positions where they out like bandits—billions of dollars. In of Bob Will’s and the Texas Playboys’ were supposed to regulate and decided fact, in the 9 years that have led up to song from the 1930s: not to regulate. Those two pieces to- this period, the bonuses on Wall Street The little bee sucks the blossom and the gether, taking apart the protections in were $200 billion. I am not talking big bee gets the honey; the little guy picks law and putting in place people who about salaries. I am talking about bo- the cotton and the big guy gets the money. wanted to be willfully blind in deciding nuses. In 9 years, it was $200 billion. It Never is that more true than what we not to regulate, steered us right toward was $33 billion last year alone. So ev- see today with the prospect of unbe- the cliff. Here is what began to happen erybody is making money. They are ad- lievable financial bailouts and the me- across the country. Most Americans vertising to people: got bad credit, chanics of what is happening on Wall saw this because you could not miss it. bankrupt, slow pay, no pay? Doesn’t Street and the wreckage of the finan- You wake in the morning and perhaps matter. Come to us and get a mort- cial system. I wish to show my col- you brush your teeth or you shave in gage.

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.034 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9370 CONGRESSIONAL RECORD — SENATE September 24, 2008 So they were writing mortgages in We see major investment firms that taxpayers provide $700 billion for a the dim light of these rooms, with bro- have been around since the Civil War bailout. And on the same day, on the kers who are breathless to get their bo- going bankrupt. We see runs on some of Internet, here is a company that is ad- nuses and mortgage banks interested the funds in the investment banks. On vertising that they will give you a loan in putting the mortgages out there. Monday, we saw the most significant with no collateral. It will take a couple They are advertising we can give you drop in the value of the dollar in a sin- days. Even if you have bad credit, no teaser rates. Want to pay a 1 percent gle day, and the most significant in- credit, or bankruptcy, we will guaran- rate? We can do that. Two percent? We crease in the price of a barrel of oil in teed your unsecured loan. Is somebody can do that. Then they would create a a single day, even as the stock market going to fix this, I wonder. mortgage at a teaser rate, with a reset dropped 500-plus points on the same Here is what I found on the Internet in 3 years maybe to 9 or 10 percent, day. this morning. which is locked in with a prepayment So the question is: What do you do SpeedyBadCreditLoans.com. Think of penalty so you cannot prepay it. It is a about this financial wreckage? How do that. Isn’t that unbelievable, reset that the borrower cannot possibly you put this back together? Even as SpeedyBadCreditLoans.com. I guess pay. But they say: Don’t worry about the Treasury Secretary and the Chair- there is a dot.com for almost every- that; the housing prices are going up, man of the Federal Reserve Board are thing, including speedy bad credit. If up, up, and all you have to do is get now over before a committee of the you have bad credit, type in your char- this mortgage from us, and when it House today, describing their plan to acteristics. I have bad credit. Can I get resets, it is true that you will not be put this back together. As I indicated a mortgage? Can I get a loan? Bad cred- able to pay it, but you can flip the earlier, their plan is to provide $700 bil- it loans. Bad credit, no problem; no property in 2 years. That is not a prob- lion to take the toxic mortgage-backed credit, no problem; bankruptcy, no lem. You will make money. securities off the hands of those who problem. Get a guaranteed bad credit So they put these bad mortgages out invested in them, which, by the way, personal loan today. there—bad mortgages all around—and then adds up to about $1.7 trillion hav- I am wondering if those we are pay- they would combine them with a few ing been committed of American tax- ing to be regulators in the Federal good mortgages and put them into a se- payers’ money—even as they are doing agencies today who are supposed to curity and splice and dice them and cut that, nobody is talking about how you deal with predatory lending, deceptive them up, like they used to package fix the underlying problem. You can practices, I wonder if they are still sawdust in sausage years ago. Then pour something in the top, but if you asleep at their desks or are they going they would sell them upstream, from have not put a stopper in the drain, to the Internet to find out these kinds the mortgage bank to the hedge funds you are going to pour it right out the of business practices exist on the Inter- and investment bank. They are all fat bottom. net? Probably not. and happy because they all know the Let me describe what I discovered I found this today as well. I could do return embedded in these securities is today. I went to the Internet today. this all day because it is all over the a very substantial return. The mort- While the Treasury Secretary and Fed Internet. ‘‘Bad credit personal loans, a gage holder is locked into it because Chairman are over testifying about Christian faith-based service. Fast re- they have prepayment penalties. None how you deal with the financial wreck- sults in just 60 seconds.’’ There is a of them were smart enough, even as age, and how much you ask the Amer- modicum of responsibility here. It says they were collecting massive incomes, ican taxpayer to pay for this malfea- you have to reside in the United to understand that the people who were sance, I found this. I was just curious States. That is really helpful, I guess. going to have to make the payments how many places on the Internet I Bad credit personal loans. If you have could not possibly make the mortgage could still find the same business prac- bad credit and some Christian faith, if payments once they were reset. tices of advertising to come and get a you live in the United States, we have So at some point, mortgages began to loan if you have been bankrupt or if some money for you. reset. It is estimated that 2 million you have bad credit. Well, I found 325 This is an example of a cesspool of American families will sometime over cases on the Internet where they would greed, and we can’t possibly begin ad- the next year come home and sit provide you a home loan and promise dressing these issues, the underlying around the supper table and discuss the they would not check your credit. problems on Wall Street, the financial fact that this is their last night in Again, they would not check your cred- wreckage that has been caused, with- their home because they are losing the it. Isn’t that interesting? Talk about out addressing this situation. You are home because they cannot pay their bad business practices. There are 325 going to decide to bail out whatever, mortgage. I am not talking about 2,000 companies advertising get a loan from you are going to put up $1.7 trillion and or 20,000 or 200,000 families; I am talk- us and we will not check your credit. try to stabilize things when you have ing about 2 million American families. Most people don’t believe it when I say this sort of thing going on in the coun- It has caused a precipitous drop in these mortgage companies, who put try? This is almost unbelievable. property values around the country. It out these toxic mortgages, were adver- On Monday, there was an analysis of broke the bubble of the escalating tising ‘‘no doc’’ loans. It doesn’t have what happened in the marketplace. price of housing and then began to col- anything to do with doctors. That Why was there a precipitous, larger lapse it. It has had a profound impact means you can get a mortgage from than ever, 1-day drop in the value of on most American families. The most them for your home without having to the dollar? Why was there the largest significant form of equity for most document your income. You are going 1-day runup in the price of oil, accom- American families was their home eq- to ask them to provide the funding for panied by a 300-plus point drop in the uity. Similar to the tent pole being you to buy a home, and they say you market? Most of the analysis was peo- pulled out of a big tent, it collapsed. don’t have to document your income to ple were concerned about the value of We have people sitting back and us in order to get that loan. That is so the dollar, throwing massive amounts thumbing their suspenders, wondering far afield and ignorant, in my judg- of credit, the substantial amount of how this could have happened. It ment, of what you would expect in money that is being provided to bail doesn’t take a genius to figure it out. terms of sound business practices that out firms to provide undergirding loans Where were the people who were sup- it is even hard to describe. for firms. All of this is added to the posed to regulate in this town when Here is what is on the Internet this Federal debt, by the way, which itself they saw this practice of advertising morning. Easy loan for you. It says is about $700 billion in trade debt in mortgage conditions that you knew the that you can get your loan, without this year, about $700 billion in fiscal borrowers could not meet? Where were collateral, in a couple days. Even with policy debt in this year. That’s almost the regulators? They were sitting by bad credit, no credit or bankruptcy, 10 percent of this country’s GDP in 1 with grins on their faces because they your unsecured loan is completely year. Analysts take a look at that and were engaged in other things; they guaranteed. Think of that. We have say: On top of that unbelievable debt weren’t regulating. So now we have people asking over in a House com- and fiscal policy, you have run off the this unbelievable financial wreckage. mittee today to have the American rails in fiscal policy, you are off the

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But I think the go against a currency, they can destroy tion. American taxpayers are plenty worried an economy and devalue the dollar, I want us to find a menu of ways to about what I think is a stampede in the meaning people pull their investments provide confidence to the American wrong direction. and put it in gold and put it in com- people that we are moving in the right On Friday, we were told by the same modities. That is what dramatically direction. That requires a lot of things. people who have reassured us in recent can destroy an economy. No. 1, straighten out this wildly esca- months that things are OK, things are It may well be true that might be lating trade deficit. We cannot have a stable, don’t worry. We were then told worse. The destruction of the economy $60 billion-a-month trade deficit. That by the very same people that in the might be worse by dramatically erod- is what destroys your currency value. next several days, the American tax- ing the value of the dollar and having We have to get real on fiscal policy. We payers need to ante up a $700 billion the currency traders run against this cannot continue to spend what we bailout plan, following a substantial dollar than not doing the $700 billion don’t have on things we don’t need. We amount of money that has already that Secretary Paulson and Mr. have to find a way to create a fiscal been provided by the American tax- Bernanke suggest. policy that has some stability and bal- payers to bail out and to provide sup- I think it is the case that this Con- ance to it. We have to address these port for investment banks that were gress has a responsibility to do some- business practices with effective regu- failing. And we are told: Here is a 3- thing. Doing nothing is not something lation. We have to recreate the protec- page piece of legislation, one provision that makes sense. We cannot decide: tions that existed for the banking sys- of which is that one person will decide You know what, whatever is happening tem. where the $700 billion goes, and that is happening; we are oblivious to it; we We have to address the wildly exces- person’s decision will not be reviewable will decide to take the same tack regu- sive and speculative incomes and sala- by the courts or by the Congress. In my lators have taken in the last 7 years ries on Wall Street which I think judgment, that is a nonstarter. Con- and sit around and observe and from incentivized reckless behavior. As I in- gress is not going to do that, should time to time grin or just decide that dicated, in the last 3 years on Wall not do that. we will be completely ambivalent Street, just the bonuses—I am not The question is, What do we do in the about what is happening. We cannot do talking about salaries—just the bo- coming couple of days to provide some that. We have to take some action. nuses were $100 billion. Many of them assurance and stability? I think it So the question is, What? First and went to the very people who steered us makes some sense to go back to the most important for me is we have to into this corral. In the old western fundamentals, and the fundamentals restore the stability and the safety of movies, they used to call this a box are, you start fixing that which caused the banking system. I think that canyon: there is only one way in and this problem. You connect the protec- means we should recreate the protec- one way out. The same people who got tions that used to exist. If you start tions that existed after the Great De- us there made a massive amount of fixing, at the foundation, some of the pression. It may not be that we recre- money putting us where we now are. issues that caused this problem, you ate explicitly what Glass-Steagall pro- As I said, we need a system of regula- will begin to engineer some confidence vided, but the protections that it pro- tion that gives us some accountability in this country. vided must exist going forward. Other- that laws are going to be followed, that Finally, I used to teach some eco- wise, we will not have done anything we are going to regulate the deceptive nomics briefly in college. I talked a lot by bailing out anybody. We will still practices, predator lending, and so on. about the supply-and-demand curves, have the same circumstances existing Then I think, as well, we need to and all of the things we know are in in our economy, with people adver- have some period of forbearance on the books that describe the way the tising on the Internet that we would mortgages where people who can con- economy works. But no one really like to put bad paper out, thereby giv- tinue to make payments even under knows much about how the economy ing mortgages to people with bad cred- the original interest rate can make works. We all think we do. Economics it, bankruptcy, or other slow-pay prob- those payments for a period of time is a little bit of psychology pumped up lems in their credit history. and continue to stay in those homes. with helium. It is a lot of discussion It makes no sense to me to ignore That is the only way we will begin to about what we think might or might what happens when you merge or com- put some strength under the value of not happen. bine the functions of banking with the homes. Otherwise, we will continue to The most important thing to under- functions of investment in real estate see a collapsing of home values. As I stand about this economy is the Amer- and securities. Banking requires not said, 2 million families will lose their ican economy expands when people are just the reality of safety and soundness homes this year unless we find a way confident about the future. If people but the very perception of safety and to take some action. think the future is going to be better soundness. If people perceive a bank is Finally, we should create a taxpayer for them and their family—they have a not safe and sound, they will run on protection task force. No matter what job, feel good, feel secure—they do the bank and the bank will fail, inevi- else we do, we need to investigate and things that manifest that security. tably, regardless of how much capital claw back ill-gotten gains in which They buy a home, buy a car, take a it has. It will not have enough capital people have gotten away with billions trip. They do things that manifest peo- to withstand a run on the bank. That is of dollars by shady business practices. ple’s confidence in the future, and that why just the perception of the safety Whatever this Congress decides to do creates economic expansion. If, on the and soundness of banking enterprises is or must do, the American taxpayer other hand, people are not confident imperative. We went far afield in decid- ought to have a share in the increased about the future and concerned about ing that we will allow the fusing of in- values of the investments that are the future, concerned about their job, herently risky enterprises, investments made in their name. concerned about job security, then and securities and real estate, to bank- There is one point that unites every- they do exactly the opposite. They de- ing. body in this Chamber, perhaps in this cide not to buy that car. They decide I know that some point to as a suc- Congress, perhaps in the entire coun- not to take that trip. They defer the cess allowing, for example, Bank of try. I don’t think anybody knows what purchase they were going to make. And America to come in and purchase one the right answer is. We certainly can then we have economic contraction. of the failing investment banks. I don’t take a look at this situation and un- This is not about an engine room of a view that as a success. At the moment, derstand now what caused much of ship of state with a lot of levers and

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.037 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9372 CONGRESSIONAL RECORD — SENATE September 24, 2008 gears and dials and gauges that you Mr. President, I yield the floor, and I tract with providers who provide char- can get just right to make this econ- suggest the absence of a quorum. ity care as an agent of the State and omy work. This is a lot about con- The PRESIDING OFFICER. The the State assumes the liability risk. I sumer confidence, how do you provide clerk will call the roll. hope Members will consider this ap- confidence in the future. That is how The legislative clerk proceeded to proach next Congress as we look to ad- we begin to expand this economy. call the roll. dress the problems volunteers face. How can people have confidence in Mr. DORGAN. Mr. President, I ask This bill also reauthorizes the Na- the future when they see these unbe- unanimous consent that the order for tional Health Service Corps, the Corps, lievable wild gyrations that are occur- the quorum call be rescinded. program for 5 years. The Corps assists ring on Wall Street? How can they The PRESIDING OFFICER. Without health professional shortage areas in have confidence in the future when objection, it is so ordered. all parts of the United States to meet they know what the root of it is? Peo- f their primary care, oral, and mental ple have been advertising to them that health services needs. The bill clarifies HEALTH CARE SAFETY NET ACT if you are bankrupt, if you have slow that all federally qualified health cen- OF 2008 credit or no credit, come here, we will ters and rural health clinics shall be give you a loan. How can that engender Mr. DORGAN. Mr. President, I ask automatically designated as having a confidence? And how can people have unanimous consent that the HELP health professional shortage. In my confidence in an economy where we Committee be discharged from further home State of Wyoming, we have a have a President who says: You know consideration of H.R. 1343, and that the shortage of every type of provider, so I what, we are going to go fight a war Senate proceed to its immediate con- am glad this committee is reauthor- and not pay for it; I insist we not pay sideration. izing this important program. a penny; I insist that while we fight The PRESIDING OFFICER. Without The bill also reauthorizes for 5 years this war, we are going to charge every objection, it is so ordered. the Rural Health Care Services Out- single cent, and if you in Congress The clerk will report the bill by title. reach program, which increases access want to pay for it, I will veto the bill The legislative clerk read as follows: to primary health care services for that raises the funds. Is that going to A bill (H.R. 1343) to amend the Public rural Americans. Most of Wyoming is give people confidence? I don’t think Health Service Act to provide additional au- not classified as rural; most of Wyo- so. thorizations of appropriations for the health ming is classified as frontier because People have a right to be concerned centers program under section 330 of such we have such a geographically large about an economy that is deep in debt Act, and for other purposes. and getting deeper every day and a state with so few residents. I am There being no objection, the Senate pleased these programs were reauthor- trade policy that ships our jobs over- will proceed to consider the bill. seas and ends up with a $700 billion ized. Mr. ENZI. Mr. President, I am Additionally, I appreciate all the trade deficit every year that will have pleased to be before this body and con- help of my friend Senator COLLINS, who to be repaid with a lower standard of gratulate my colleagues on the work championed the provisions reauthor- living in our country. People have a they have done to facilitate passage of izing the primary dental health work- right to be concerned about that. the Health Care Safety Net Act. I sin- If you go back to the fundamentals force programs. This program awards cerely appreciate the work of Senators and start putting some of this back to- grants to States that develop and im- KENNEDY and HATCH on this important gether—a fiscal policy that makes plement innovative programs to ad- issue; their leadership has led us to sense, a trade policy that stands up for dress dental health workforce short- this point. I look forward to sending this country’s economic interests, and ages. Many States are doing great the bill to the President and seeing it firing the regulators who won’t regu- things with these funds, and I plan to signed into law. late, and put in place new regulations encourage my home State of Wyoming Community health centers are a crit- and new regulators who will do the job to apply for one of these grants. Im- they are paid to do, and then restore ical piece of the health care safety net proving dental health is a critical part the laws that provided protection so we and a vital piece of our health care sys- of keeping folks healthy and pre- don’t fuse risk with banking—if you tem. The Community Health Center venting disease and I commend the start doing those kinds of things and program has a long history of helping work of my friend from Maine. telling the American people we are people get the care they need when ill- A new section of the bill promotes going to bring back some of those ill- ness or an emergency presents itself. greater coordination of primary care gotten gains, and we are going to stop Congress enacted the health centers providers during emergency situations. these outer space incomes of hundreds program in the 1960s. Since that time, I am pleased to say Wyoming is leaps of millions of dollars a year. In fact, health centers have been regularly pro- and bounds ahead of the rest of the the highest income earner last year viding high quality health care to peo- country with regard to this provision. was $3.6 billion. That is a $300-million- ple living in rural and underserved During Hurricane Katrina, other a-month paycheck. Does that seem a areas, regardless of their ability to States sent volunteer providers to Lou- little out of line to you? It does to me. pay. The number of health centers con- isiana, but their medical liability pro- I have covered a lot of ground, and tinues to rise, and more people are get- tections did not follow them. Wyoming my sense is that we have work to do to ting the kind of high quality health enrolled providers in the Volunteer give the American people the comfort care they have come to rely on every Medical Reserve Corp Program, which and the assurance that we are dealing day. allowed the Wyoming volunteers to with the fundamentals that will put A newly added provision in this bill have medical liability protections that this country back on better footing. We requests the Comptroller General con- followed them to Louisiana. I applaud won’t do that by deciding to write a duct a study on the implications of ex- the health care providers in Wyoming check and offering up a bunch of panding the Federal Tort Claims Act to who did the right thing by volun- money. It won’t happen. I mean, that is cover volunteer health care providers teering and the State efforts that en- not what is going to provide confidence serving at community health centers. I sured that their liability protections to the American people. What will pro- am very supportive of encouraging followed them to Louisiana. I hope vide confidence is effective leadership, health care providers to volunteer time other States will follow in Wyoming’s leadership that says here are the six or serving underserved populations espe- footsteps and enroll volunteers in the eight things that are wrong, we know cially at community health centers, Volunteer Medical Reserve Cops. they are wrong, we have known for and I am interested to see the results I also appreciate the leadership of some while, and now we are going to of the study. I also have a separate Senators SMITH, BARRASSO, ROBERTS, make them right. If we can we can piece of legislation, not included in GRASSLEY and the other members who work on those issues together, I think this bill, that takes a slightly different championed revising the timeframe for the American people finally will decide approach at solving this problem. The recognition of certain designations in there is some leadership that will give Volunteer Health Care Program Act of certifying rural health clinics under us the opportunity for a better future. 2008 provides grants to States that con- the Medicare Program. Because the

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.038 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9373 Medicare Program falls under the ju- come from Utah’s urban areas and 27 emergencies by improving coordination risdiction of the Finance Committee, percent are from the rural parts of the between health centers, State and local we worked closely with the Finance State. Ninety-six percent of Utah’s emergency planners, and existing Fed- Committee members and enlisted their health center patients, incomes are eral programs for medical volunteers. support and expertise in designing this below 200 percent of the Federal pov- Finally, the bill prevents rural provision. I am pleased we could in- erty level. Utah health centers have health clinics, RHC, from losing Medi- clude this provision that will help rural literally changed their lives—in rural care certification by including a tech- health clinics continue to provide qual- areas, health centers are often the only nical fix that aligns Health Resources ity care to their patients. health care provider. and Services Administration, HRSA, Finally, I would be remiss if I didn’t Our bill will reauthorize the health and the Centers for Medicare and Med- mention this Community Health Cen- center program for 5 more years and icaid Services, CMS, standards so that ter bill is actually a part of step 9 of includes funding levels of $2,065,000,000 all RHC shortage area designations are my 10-step plan to transform health in fiscal year 2008; $2,213,000,000 in fis- reviewed every 4 years. This provision care in America. Passing this bill puts cal year 2009; $2,602,000,000 in fiscal year was extremely important to members us one step closer to fixing our health 2010; $2,940,000,000 in fiscal year 2011; of the Senate Rural Health Care Cau- care system. I look forward to passing and $3,337,000,000 in fiscal year 2012. cus, and I would like to thank Senators more of the 10 steps next Congress. H.R. 1343 also contains other impor- PAT ROBERTS, TOM HARKIN, GORDON Mr. HATCH. Mr. President, as the tant provisions relating to community SMITH, RON WYDEN, KENT CONRAD, and lead Republican sponsor of the Health health centers including a health care JOHN BARRASSO for bringing this im- Care Safety Net Act with the chairman quality study conducted by the Depart- portant matter to our attention. I also of the Senate Health, Education, Labor ment of Health and Human Services, want to thank Finance Committee and Pensions, HELP, Committee, Sen- HHS, on efforts to expand and accel- chairman MAX BAUCUS and its ranking erate quality improvement activities ator KENNEDY, I am so pleased that the member CHUCK GRASSLEY for their Senate approved this legislation earlier in community health centers. willingness to include this provision in In addition, our bill requires the Gov- today. Members of the Senate HELP this bill. ernment Accountibility Office, GAO, to Committee, on both sides of the aisle, Community health centers have conduct three studies. The first study worked hard to ensure its passage, and made a huge impact in people’s lives. I would review integrated health sys- I want to thank, in particular, Senator am pleased and proud that our legisla- tems as a model to expand access to TED KENNEDY, Senator MIKE ENZI, Sen- tion has been approved by the Senate, primary and preventive services for ator JUDD GREGG, Senator LAMAR AL- and I urge my House colleagues to ap- medically underserved populations and EXANDER, Senator RICHARD BURR, and prove this important bill as quickly as improve care coordination and health Senator COBURN for their commitment possible. This legislation will not only care outcomes. The second GAO study in getting this legislation through the would evaluate the economic costs and allow health centers to continue pro- Senate. benefits of school-based health centers viding people with essential health I also want to thank my House col- care services but also will ensure that leagues, especially, House Energy and and their impact on the health of stu- dents. The final study would make rec- the health centers will have the fund- Commerce Committee chairman JOHN ommendations on policy options that ing necessary to provide these impor- DINGELL and its ranking Republican would encourage health care practi- tant services. member JOE BARTON for the leadership tioners to work as volunteers in health Mr. DORGAN. Mr. President, I ask on this bill. Additionally, the Health centers. unanimous consent that a substitute Subcommittee chairman FRANK The Health Care Safety Net Act al- amendment, which is at the desk, be PALLONE and its ranking member NA- lows the Secretary of HHS to recognize agreed to; the bill, as amended, be read THAN DEAL, along with Congresswoman the unique needs of high poverty areas a third time and passed; the motions to DIANA DEGETTE and Congressmen GENE in awarding grants, something that reconsider be laid upon the table, with GREEN and BART STUPAK, were ex- was important to members rep- no intervening action or debate; and tremely helpful during our negotia- resenting these parts of the country. any statements related to the bill be tions on this bill. And while, at times, The legislation reauthorizes the Na- printed in the RECORD. it was not easy, I appreciate their will- tional Health Service Corps, NHSC, at The PRESIDING OFFICER. Without ingness to work with the Senate on $55 million over 5 years and also makes objection, it is so ordered. compromise legislation that will im- permanent the automatic health pro- The amendment (No. 5642) was agreed prove the lives of millions of uninsured fessions shortage area designation that to. and underinsured Americans. community health centers currently (The amendment is printed in today’s This bill is expected to be considered have, allowing them to cut down on the RECORD under ‘‘Text of Amendments.’’) by the House of Representatives tomor- cumbersome paperwork that can delay The amendment was ordered to be row, and once it has been approved by NHSC placements. The bill requires the engrossed and the bill to be read a the House, it will be sent to the Presi- NHSC to assist the Corps members in third time. dent to be signed into law. professional development opportunites. The bill (H.R. 1343), as amended, was The health centers program was cre- H.R. 1343 also reauthorizes the State read the third time, and passed. ated over 40 years ago and has been Loan Repayment Program through 2012 Mr. DORGAN. Mr. President, I sug- providing health care to those without and makes the District of Columbia gest the absence of a quorum. health coverage and those who are and the territories eligible for this pro- The PRESIDING OFFICER. The underinsured. These centers provide gram, which is part of the overall clerk will call the roll. care to children, their parents, and strategy to improve access to health The legislative clerk proceeded to their grandparents and are an impor- care in underserved communities. call the roll. tant part of our country’s health care Our bill reauthorizes the Primary Mr. SPECTER. Mr. President, I ask safety net. Dental Workforce and Rural unanimous consent that the order for Community centers have made a tre- Healthcare Programs, which increases the quorum call be rescinded. mendous difference for Utahns with in- access to dental care in underserved The PRESIDING OFFICER (Mr. sufficient health coverage. In fact, areas by providing matching funds for CARDIN). Without objection, it is so or- Utah community health centers pro- States to use in training, recruiting, dered. vide care to close to 85,000 patients. and placing dentists. In addition, the The Senator from Pennsylvania is They have not only filled in health cov- bill reauthorizes the rural health care recognized. erage gaps, but they have also done an programs at $45 million per year f excellent job providing care to those through 2012. I would like to thank COSPONSORSHIP OF S. 334, THE with little or no coverage. Senator SUSAN COLLINS for working Utah health centers have made a tre- with us on this important provision. HEALTHY AMERICANS ACT mendous difference in the lives of The legislation improves access to Mr. SPECTER. Mr. President, I have many Utahns—66 percent of patients primary care during public health sought recognition for the purpose of

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.001 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9374 CONGRESSIONAL RECORD — SENATE September 24, 2008 introducing or cosponsoring the The legislation I want to discuss The payment system, or collection, is Healthy Americans Act, S. 334, legisla- today is S. 334, The Healthy Americans technically a tax because it is being tion which is directed to cover the Act, which would provide access to collected by the IRS. However, it is im- some 47 million Americans who are not health insurance for all Americans. portant to note that the Government covered by health insurance. It is a bi- Senator WYDEN introduced this legisla- will not keep those dollars and will not partisan bill which has 16 cosponsors, tion on January 18, 2007, and since have discretion over how they are half Republicans and half Democrats. then, it has gained support from an im- spent. Nevertheless, this payment sys- It has been sponsored principally by pressive group of bipartisan Senators, tem deserves further analysis on the Senator WYDEN, Democrat of Oregon, including BENNETT, ALEXANDER, NEL- issue of tax-neutrality. and Senator BENNETT, Republican of SON from Florida, GREGG, COLEMAN, S. 334 would require all businesses to Utah. I believe it provides the basis for GRASSLEY, LANDRIEU, STABENOW, pay an assessment of between 2 percent moving ahead on this very important CRAPO, LIEBERMAN, CARPER, INOUYE, and 25 percent of average per worker subject. CORKER, SMITH and CANTWELL. Today I premiums. The rate paid depends on We have long struggled to cover all am pleased to add my name to the list the number of people it employs. I have Americans with health insurance. In a of cosponsors of S.334. concerns that this provision is struc- detailed statement, which I am about The Healthy Americans Act uses the tured as a tax. However, it is impor- to submit, I have recounted the efforts private health insurance market to en- tant to note that businesses would see which this Senator has made over the sure that all Americans have access to some benefits as a result of the bill. course of my tenure in the Senate; be- a quality plan they can afford. This They would be freed from the adminis- yond the bill’s own coverage, the work legislation has a number of compo- trative burden of providing health care which has been done on the Appropria- nents that will address the problems for employees because the individual tions Labor, Health and Human Serv- that plague our current health insur- would carry the responsibility of ob- ices Subcommittee; and legislation in ance system. taining a private plan. To begin, S. 334 provides so-called which Senator HARKIN and I, on a bi- Because employers would be required ‘‘portability,’’ which allows individuals partisan basis, have taken the lead in to pay increased wages—in lieu of pro- to retain their health insurance regard- increasing funding for the NIH from $12 viding a health plan, they would also less of the job they hold. In today’s to $30 billion. be subject to additional payroll tax ob- changing society, many Americans no This proposal, S. 334, has a number of ligations—i.e. Social Security and longer stay with the same employer for issues which I think need further anal- Medicare. An employee’s increased long periods of time. Moving from job ysis and further study and modifica- payroll tax obligation is offset by a tax to job may mean the loss of health in- tion, as noted in the text of the state- deduction provided in the bill. There is surance, a new insurance carrier, or a ment. But I believe it is an excellent no corresponding deduction for the em- gap in health care. The Healthy Ameri- starting point and, having some 16 co- ployer to offset their additional payroll cans Act seeks to provide consistent sponsors, the most I have seen on a bi- tax obligations, and one should also be insurance coverage in a fluid job mar- partisan piece of legislation to address considered, because the bill’s purpose is this very important subject, I think it ket. Additionally, the Healthy Americans not to increase payments to Social Se- has an excellent opportunity in the curity and Medicare. The sponsor’s in- next Congress to provide the basis for Act offers assistance for those who need it most by providing premium as- tention of maintaining a budget-neu- moving ahead for the appropriate cov- tral bill is also worth consideration. erage of all Americans. sistance for individuals and families We are facing a grave situation in with incomes below 400 percent of the The mandate of paying increased America where millions of Americans poverty level—or $41,600 and $84,800 re- wages only lasts for 2 years under the do not have health insurance coverage. spectively. This provision aids those bill, after which time market forces As the cost of health care is increas- individuals that are employed but their would determine total compensation. ingly prohibitive and access to insur- income is insufficient to afford insur- Consideration should be given to re- ance is reduced, the number of unin- ance. The assistance is based on a slid- taining the employer payroll increase sured will continue to climb. ing scale with those with lower in- indefinitely to defray the cost of health It is estimated that nearly 47 million comes receiving the greatest help. Indi- insurance. Market forces may not suffi- Americans are without health insur- viduals below 100 percent of the pov- ciently compensate employees when an ance. This includes the nearly 38 mil- erty level—$10,400 for an individual or employer decides to cut wages beyond lion individuals who have full or part $21,200 for a family—receive full assist- the 2-year time frame. This would time employment and still are without ance with their insurance premiums. harm an employee’s ability to purchase health care coverage. Of significant While I am cosponsoring this legisla- health insurance. concern is the number of young adults tion, I have some concerns that need to I am also concerned with the elimi- lacking insurance: with an estimated be addressed as the debate on this im- nation of specific tax benefits for cor- 28 percent of those young people with- portant issue moves forward. For in- porations that do business abroad, out insurance. stance, the potential new tax obliga- though it is my understanding that the Individuals without insurance suffer tions associated with the Healthy sponsors are not wedded to elimination from both acute and far reaching con- Americans Act on both individuals and of these specific items. The argument sequences. It ultimately compromises on businesses warrant further consider- has been made by proponents that the a person’s health because he or she is ation. Concerns have been raised that Wyden bill makes U.S. firms more less likely to receive preventive care, this bill is not tax-neutral, meaning competitive internationally because it more likely to be hospitalized for that new tax obligations created by removes the burden on employers to avoidable health problems, and more this legislation are not completely administer health care plans for their likely to be diagnosed in the late matched by new or increased tax bene- employees. Often foreign firms do not stages of diseases. Additionally, lack of fits. This resulting imbalance, or lack have that burden. To that end, the insurance coverage leaves individuals of tax neutrality, is argued by some to sponsor has chosen to eliminate cer- and their families financially vulner- be a tax increase. Specifically, individ- tain tax preferences to multinational able to higher out-of-pocket costs for uals would be required to pay their in- corporations as a way to raise revenue. their medical bills. surance premiums through the Federal I believe that greater consideration It is my belief that we can and should tax withholding system, as opposed to should be given to whether the benefit fix the problems felt by uninsured the current model where premiums are to employers of not having to admin- Americans with a system that does not paid to insurers through their em- ister a health care plan outweighs the resort to a single payer system and one ployer. Payments would pass through elimination of these provisions. that involves the private insurance in- the IRS on the way to newly created First, the elimination of the section dustry. We must enact reforms that en- regional purchasing organizations 199 manufacturing deduction raises hance our current market-based health called health help agencies—HHAs— concerns for our exporters. The section care system. and ultimately to the private insurer. 199 deduction allows manufacturing

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.044 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9375 firms of all kinds to take a tax deduc- steps to provide flexibility in the pro- take up health care, similar to an ar- tion for their U.S.-based business ac- gram by allowing businesses and em- rangement made on product liability tivities. The deduction was 3 percent in ployees to choose the best health insur- legislation, which had been placed on tax years 2005 and 2006, 6 percent in tax ance program for employees. An the calendar for September 8, 1992. The year 2007, and is scheduled to be 9 per- amendment has been filed to allow majority leader rejected that sugges- cent by 2010. This tax benefit was en- businesses to continue to offer health tion, and the Senate did not consider acted as part of the so-called FSC/ETI insurance to employees under the cur- comprehensive health care legislation legislation in 2004 to replace an export rent system, yet employees would still during the balance of the 102nd Con- tax incentive that was ruled to be in have the option to enter the Health gress. My July 29, 1992, amendment was violation of our international trade Help Agency and obtain a health amer- defeated on a procedural motion by a commitments. At the same time, it icans private insurance plan. vote of 35 to 60, along party lines. sought to boost the ability of manufac- While these concerns are important The substance of that amendment, turers to compete in the global mar- and should be addressed, this bipar- however, was adopted later by the Sen- ketplace. tisan effort makes an important step ate on September 23, 1992, when it was Second, the bill would eliminate de- forward in the ongoing quest to provide included in a Bentsen/Durenberger ferral of income from foreign corpora- health insurance to all Americans. I amendment which I cosponsored to tions that are owned by a U.S. parent believe the Healthy Americans Act broaden tax legislation, H.R. 11. This company. Under current law, U.S. contains excellent ideas and should be amendment, which included essentially taxes do not apply to the foreign in- the basis for future discussions on the same self-employed tax deduct- come of U.S.-owned corporations char- health insurance reform. This senti- ibility and small group reforms I had tered abroad. As a result, a U.S. firm ment is shared by Senator JUDD GREGG, proposed on July 29 of that year, passed can indefinitely defer U.S. tax on its who when he joined this bill, stated: the Senate by voice vote. Unfortu- foreign income as long as the foreign that by joining forces with colleagues on nately, these provisions were later subsidiary’s income is reinvested over- both sides of the aisle on a private market dropped from H.R. 11 in the House-Sen- seas. U.S. taxes apply when the income approach, we can begin a bipartisan dia- ate conference. is repatriated back to the U.S. Ending logue, work through our differences, and find On August 12, 1992, I introduced legis- this deferral strategy could have the workable solutions that will result in a bet- lation entitled the Health Care Afford- ter health care system for all. negative impact of encouraging the ability and Quality Improvement Act U.S. parent firm to relocate abroad or I look forward to working with my of 1992, S. 3176, that would have en- to limit the size of their operations in colleagues to provide a health insur- hanced informed individual choice re- the U.S. ance system that can provide quality garding health care services by pro- S. 334 also requires all Americans to healthcare to all Americans. viding certain information to health obtain health insurance. Eligible insur- I have advocated health care reform care recipients, would have lowered the ance plans include not only those pur- in one form or another throughout my cost of health care through use of the chased through this program, but 28 years in the Senate. My strong in- most appropriate provider, and would health care coverage through Medi- terest in health care dates back to my have improved the quality of health care, the Department of Defense, the first term, when I sponsored S. 811, the care. Department of Veterans Affairs, Indian Health Care for Displaced Workers Act On January 21, 1993, the first day of Health Service, or a retiree health of 1983, and S. 2051, the Health Care the 103rd Congress, I introduced the plan. I am concerned that this mandate Cost Containment Act of 1983, which Comprehensive Health Care Act of 1993, will put a burden on individuals and would have granted a limited antitrust S. 18. This legislation consisted of re- families that may not be able to afford exemption to health insurers, permit- forms that our health care system the program despite assistance. ting them to engage in certain joint ac- could have adopted immediately. These This concern is shared by fellow co- tivities such as acquiring or processing initiatives would have both improved information and collecting and distrib- sponsor Senator CHUCK GRASSLEY who access and affordability of insurance stated that: uting insurance claims for health care coverage and would have implemented services aimed at curtailing then-esca- . . . the act would require all individuals to systemic changes to lower the esca- buy health insurance. I support accessibility lating health care costs. In 1985, I in- lating cost of care in this country. to private insurance and differ with my col- troduced the Community-based Disease On March 23, 1993, I introduced the leagues on this point. Prevention and Health Promotion Comprehensive Access and Afford- This is an issue that must be more Projects Act of 1985, S. 1873, directed at ability Health Care Act of 1993, S. 631, closely examined. reducing the human tragedy of low which was a composite of health care This bill also holds the Blue Cross/ birth weight babies and infant mor- legislation introduced by Senators Blue Shield Standard Plan provided tality. Since 1983, I have introduced COHEN, KASSEBAUM, BOND, and MCCAIN, under the Federal Employees Health and cosponsored numerous other bills and included pieces of my bill, S. 18. I Benefit Program as the standard for concerning health care in our country. introduced this legislation in an at- During the 102nd Congress, I pressed the program. While I believe that ev- tempt to move ahead on the consider- the Senate to take action on the health eryone should have access to this level ation of health care legislation and care market issue. On July 29, 1992, I of coverage, it does not allow for vari- provide a starting point for debate. As offered an amendment to legislation ety in the types of insurance plans that I noted earlier, I was precluded by Ma- then pending on the Senate floor, would be available under the program. jority Leader MITCHELL from obtaining which included a change from 25 per- The current market allows for different Senate consideration of my legislation cent to 100 percent deductibility for types of plans, which should be avail- as a floor amendment on several occa- health insurance purchased by self-em- able under the Healthy Americans sions. Finally, on April 28, 1993, I of- ployed individuals, and small business plan. When Senator NORM COLEMAN fered the text of S. 631 as an amend- insurance market reforms to make signed on as a cosponsor of S. 334, he ment to the pending Department of the health coverage more affordable for similarly noted: Environment Act, S. 171, in an attempt small businesses. Included in this to urge the Senate to act on health While I certainly believe people should amendment were provisions from a bill have access to this level of coverage, I don’t care reform. My amendment was de- think it should be the only option. My vision introduced by the late Senator John feated 65 to 33 on a procedural motion, of health reform does not include this one- Chafee, legislation which I cosponsored but the Senate had finally been forced size-fits-all approach. Instead, I support giv- and which was previously proposed by to contemplate action on health care ing people access to a variety of health in- Senators Bentsen and Durenberger. reform. surance options and the ability to make in- When then-majority leader Mitchell ar- On the first day of the 104th Con- formed choices. gued that the health care amendment I gress, January 4, 1995, I introduced a The vetting of this bill is already un- was proposing did not belong on that slightly modified version of S. 18, the derway. Senators WYDEN, BENNETT, bill, I offered to withdraw the amend- Health Care Assurance Act of 1995, GRASSLEY, and STABENOW have taken ment if he would set a date certain to which contained provisions similar to

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.003 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9376 CONGRESSIONAL RECORD — SENATE September 24, 2008 those ultimately enacted in the Kasse- tected a benign tumor, meningioma, at While I would have been willing to baum-Kennedy legislation, including the outer edge of my brain. It was re- cooperate with the Clinton administra- insurance market reforms, an exten- moved by conventional surgery, with 5 tion in addressing this Nation’s health sion of the tax deductibility of health days of hospitalization and 5 more care problems, I found many areas insurance for the self employed, and weeks of recuperation. When a small where I differed with President Clin- tax deductibility of long term care in- regrowth was detected by a follow-up ton’s approach to solutions. I believe surance. MRI in June 1996, it was treated with that the proposals would have been del- I continued these efforts in the 105th high powered radiation using a remark- eterious to my fellow Pennsylvanians, Congress, with the introduction of able device called the ‘‘Gamma Knife.’’ to the American people, and to our Health Care Assurance Act of 1997, S. I entered the hospital on the morning health care system as a whole. Most 24, which included market reforms of October 11, 1996, and left the same importantly, as the President proposed similar to my previous proposals with afternoon, ready to resume my regular in 1993, I did not support creating an the addition of a new title I, an innova- schedule. expansive new Government bureauc- tive program to provide vouchers to In July 1998, I was pleased to return racy. States to cover children who lack to the Senate after a relatively brief On this latter issue, I first became health insurance coverage. I also intro- period of convalescence following heart concerned about the potential growth duced title I of this legislation as a bypass surgery. This experience again in bureaucracy in September 1993 after standalone bill, the Healthy Children’s led me to marvel at our health care reading the President’s 239–page pre- Pilot Program of 1997, S. 435, on March system and made me more determined liminary health care reform proposal. I 13, 1997. This proposal targeted the ap- than ever to support Federal funding was surprised by the number of new proximately 4.2 million children of the for biomedical research and to support boards, agencies, and commissions, so I asked my legislative assistant, Sharon working poor who lacked health insur- legislation which will incrementally Helfant, to make me a list of all of ance at that time. These are children make health care available to all them. Instead, she decided to make a whose parents earn too much to be eli- Americans. In February 2005, I received tests at chart. The initial chart depicted 77 new gible for Medicaid, but do not earn Thomas Jefferson University Hospital entities and 54 existing entities with enough to afford private health care for persistent fevers and enlarged new or additional responsibilities. coverage for their families. When the President’s 1,342–page This legislation would have estab- lymph nodes under my left arm and above my left clavicle. The testing in- Health Security Act was transmitted lished a $10 billion/5–year discretionary to Congress on October 27, 1993, my pilot program to cover these uninsured volved a biopsy of a lymph node and bi- opsy of bone marrow. The biopsy of the staff reviewed it and found an increase children by providing grants to States. lymph node was positive for Hodgkin’s to 105 new agencies, boards, and com- Modeled after Pennsylvania’s extraor- disease; however the bone marrow bi- missions and 47 existing departments, dinarily successful Caring and opsy showed no cancer. A follow up programs and agencies with new or ex- BlueCHIP programs, this legislation PET scan and MRI at the University of panded jobs. This chart received na- was the first Republican-sponsored Pennsylvania Abramson Cancer Center tional attention after being used by children’s health insurance bill during established that I had stage IVB Hodg- Senator Bob Dole in his response to the the 105th Congress. kin’s disease. After successful chemo- President’s State of the Union address I was encouraged that the Balanced therapy treatment I received a ‘‘clean on January 24, 1994. Budget Act of 1997, signed into law on bill of health.’’ The response to the chart was tre- August 5, 1997, included a combination Three years later, I received the test mendous, with more than 12,000 people of the best provisions from many of the results from a routine PET scan, which from across the country contacting my children’s health insurance proposals showed a mild recurrence of Hodgkin’s office for a copy; I still receive requests throughout that Congress. The new disease. I was once again undertook a for the chart. Groups and associations, legislation allocated $24 billion over 5 chemotherapy regimen, which I have such as United We Stand America, the years to establish State Child Health recently successfully completed. American Small Business Association, Insurance Program, funded in part by a My concern about health care has the National Federation of Republican slight increase in the cigarette tax. long predated my own personal benefits Women, and the Christian Coalition, During the 106th, 107th, 108th Con- from diagnostic and curative proce- reprinted the chart in their publica- gresses, I again introduced the Health dures. As I have previously discussed, tions—amounting to hundreds of thou- Care Assurance Act. These bills con- my concern about health care began sands more in distribution. Bob Wood- tained similar insurance market re- many years ago and has been intensi- ward of the Washington Post later forms, as well as new provisions to aug- fied by my service on the Appropria- stated that he thought the chart was ment the new State Child Health Insur- tions Subcommittee on Labor, Health the single biggest factor contributing ance Program, to assist individuals and Human Services, and Education— to the demise of the Clinton health with disabilities in maintaining qual- LHHS. care plan. And during the November ity health care coverage, and to estab- My own experience as a patient has 1996 election, my chart was used by lish a national fund for health research given me deeper insights into the Senator Dole in his presidential cam- to supplement the funding of the Na- American health care system beyond paign to illustrate the need for incre- tional Institutes of Health. All these my perspective from the U.S. Senate. I mental health care reform. new initiatives, as well as the market have learned: No. 1 patients sometimes The reforms we must enact need to reforms that I supported previously, have to press their own cases beyond encompass all areas of health. This work toward the goals of covering doctors’ standard advice; No. 2 greater must start with preventive health care more individuals and stemming the flexibility must be provided on testing and wellness programs. This starts at tide of rising health costs. and treatment; No. 3 our system has birth with prenatal care. We know that My commitment to the issue of the resources to treat the 47 million in most instances, prenatal care is ef- health care reform across all popu- Americans currently uninsured; and fective in preventing low-birth-weight lations has been consistently evident No. 4 all Americans deserve the access babies. Numerous studies have dem- during my tenure in the Senate, as I to health care from which I and others onstrated that low birth weight does have come to the floor and offered with coverage have benefited. not have a genetic link but is instead health care reform bills and amend- I believe we have learned a great deal most often associated with inadequate ments on countless occasions. I will about our health care system and what prenatal care or the lack of prenatal continue to stress the importance of the American people are willing to ac- care. It is a human tragedy for a child the Federal Government’s investment cept in terms of health care coverage to be born weighing 16 ounces with at- in and attention to the system’s fu- provided by the Federal Government. tendant problems which last a lifetime. ture. The message we heard loudest was that I first saw one pound babies in 1984 and As my colleagues are aware, I can Americans do not want the Govern- I was astounded to learn that Pitts- personally report on the miracles of ment to have a single payer Govern- burgh, PA, had the highest infant mor- modern medicine. In 1993, an MRI de- ment operated system. tality rate of African-American babies

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.005 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9377 of any city in the United States. I won- early detection program to $200.8 mil- care costs and support services for indi- dered how that could be true of Pitts- lion in fiscal year 2008. viduals and families affected by ac- burgh, which has such enormous med- I have also supported programs at quired immune deficiency syndrome, ical resources. It was an amazing thing CDC which help children. CDC’s child- AIDS, or infection with the human im- for me to see a 1-pound baby, about as hood immunization program seeks to munodeficiency virus, HIV. Those bills big as my hand. However, I am pleased eliminate preventable diseases through became law in 1990 and 1996 respec- to report that as a result of successful immunization and to ensure that at tively. prevention initiatives like the Federal least 90 percent of 2–year-olds are vac- Funding for Ryan White AIDS pro- Healthy Start program, Pittsburgh’s cinated. The CDC also continues to grams has increased from $757.4 million infant mortality has decreased 24 per- educate parents and caregivers on the in 1996 to $2.14 billion for fiscal year cent. importance of immunization for chil- 2008. That includes $794 million for the To improve pregnancy outcomes for dren under 2 years old. Along with my AIDS Drug Assistance Program, ADAP, women at risk of delivering babies of colleagues on the Appropriations Com- to help low-income individuals afford low birth weight and to reduce infant mittee, I have helped ensure that fund- life saving drugs. AIDS research at the mortality and the incidence of low- ing for this important program to- NIH totaled $742.4 million in 1989 and birth-weight births, as well as improv- gether with the complementary Vac- has increased to an estimated $2.91 bil- ing the health and well-being of moth- cines for Children Program has grown lion in fiscal year 2008. ers and their families, I initiated ac- from $914 million in 1999 to $3.2 billion Veterans provide an incredible serv- tion that led to the creation of the in fiscal year 2008. ice in defending our country, and pro- Healthy Start program in 1991. Work- While vaccines are critical for pre- viding them with quality health care is ing with the first Bush administration vention we must be prepared for an in- critical. During the 102d Congress, I co- and Senator HARKIN, as chairman of fluenza pandemic. To ensure that sponsored an amendment to the Vet- the Appropriations Subcommittee, we America is properly prepared for such a erans’ Medical Programs Amendments allocated $25 million in 1991 for the de- pandemic the LHHS Appropriations of 1992, which included improvements velopment of 15 demonstration bills have provided $6 billion since 2005. to health and mental health care and projects. This number grew to 75 in This funding provides development and other services to veterans by the De- 1998, to 96 projects in 2008. For fiscal purchase of vaccines, antivirals, nec- partment of Veterans Affairs. This bill year 2008, we secured $99.7 million for essary medical supplies, diagnostics, became law in 1992. During the 106th Congress, I spon- this vital program. and other surveillance tools. To help children and their families to We have also strengthened funding sored the Veterans Benefits and Health truly get a healthy start requires that for Community Health Centers, which Care Improvement Act of 2000, which we continue to expand access to Head provide immunizations, health advice, increased amounts of educational as- Start. This important program pro- and health professions training. These sistance for veterans under the Mont- vides comprehensive services to low in- centers, administered by the Health gomery GI Bill and enhanced health programs. This bill became law in 2000. come children and families, including Resources and Services Administra- I also sponsored the Department of health, nutritional, and social services tion, provide a critical primary care Veterans Affairs Long-Term Care and that children need to achieve the safety net to rural and medically un- Personnel Authorities Enhancement school readiness goal of Head Start. I derserved communities, as well as un- Act, which improved and enhanced the have strongly supported expanding this insured individuals, migrant workers, provision of health for veterans. This program to cover more children and the homeless, residents of public hous- bill became law in 2003. families. Since fiscal year 2000, funding ing, and Medicaid recipients. Funding In the 108th Congress, I introduced for Head Start has increased from $5.3 for Community Health Centers has in- the Veterans Health Care, Capital billion to the 2008 level of $6.9 billion. creased from $1 billion in fiscal year Asset and Business Improvement Act Additional funding has extended the 2000 to $3.2 billion in fiscal year 2008. of 2003, which upon becoming law in reach of this important program to Increases in research, education and December 2003 enhanced the provision over 1 million children. treatment in women’s health have been of health care for veterans by improv- The LHHS Appropriations bill also of particular importance to me. In 1998, ing authorities relating to the adminis- has made great strides in increasing I cosponsored the Women’s Health Re- tration of personnel at the VA. funding for a variety of public health search and Prevention Amendments, In June 2004, I introduced the Depart- programs, such as breast and cervical which were signed into law later that ment of Veterans Affairs Health Care cancer prevention, childhood immuni- year. This bill revised and extended Personnel Enhancement Act, which zations, family planning, and commu- certain programs with respect to wom- simplified pay provisions for physi- nity health centers. These programs en’s health research and prevention ac- cians and dentists and authorized al- are designed to improve public health tivities at the National Institutes of ternate work schedules and pay scales and prevent disease through primary Health and the Centers for Disease for nurses to improve recruitment and and secondary prevention initiatives. Control and Prevention. retention of top talent. The bill was It is essential that we invest more re- In 1996, I also cosponsored an amend- signed into law in December 2004. sources in these programs now if we ment to the fiscal year 1997 VA–HUD To increase the portability of insur- are to make any substantial progress Appropriations bill, which required ance, in 1996, I cosponsored the Health in reducing the costs of acute care in that health plans provide coverage for Coverage Availability and Afford- this country. a minimum hospital stay for a mother ability Act, which improved the port- As ranking member and chairman of and child following the birth of the ability and continuity of health insur- the LHHS Appropriations Sub- child. This bill became law in 1996. ance coverage in the group and indi- committee, I have greatly encouraged In 2005, I introduced the Gynecologic vidual markets, combated waste, fraud, the development of prevention pro- Cancer Education and Awareness Act and abuse in health insurance and grams which are essential to keeping to increase education of gynecological health care delivery, promoted the use people healthy and lowering the cost of cancer so that women would be able to of medical savings accounts, improved health care in this country. In my recognize cancer warning signs and access to long-term care services and view, no aspect of health care policy is seek treatment. This legislation be- coverage, and simplified the adminis- more important. Accordingly, my pre- came law in 2007. tration of health insurance. This bill vention efforts have been widespread. I have also been a strong supporter of became law in 1996. I joined my colleagues in efforts to funding for AIDS research, education, Statistics show that 27 percent of ensure that funding for the Centers for and prevention programs. Medicare expenditures occur during a Disease Control and Prevention, CDC, During the 101st and 104th Con- person’s last year of life and beyond increased from $2.3 billion in 1997 to gresses, I cosponsored the Ryan White the last year of life, a tremendous per- $6.375 billion in fiscal year 2008. We CARE Reauthorization Act, which pro- centage of medical costs occur in the have also worked to increase funding vided Federal funds to metropolitan last month, in the last few weeks, in for CDC’s breast and cervical cancer areas and States to assist in health the last week, or in the last few days.

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.006 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9378 CONGRESSIONAL RECORD — SENATE September 24, 2008 The issue of end of life treatment is The National Institutes of Health— During the course of our stem cell such a sensitive subject and no one NIH—are the crown jewels of the Fed- hearings, we have learned that over should decide for anybody else what eral Government and have been respon- 400,000 embryos are stored in fertility that person should have by way of end- sible for enormous strides in combating clinics around the country. If these fro- of-life medical care. What care ought the major ailments of our society in- zen embryos were going to be used for to be available is a very personal deci- cluding heart disease, cancer, and Alz- in vitro fertilization, I would support sion. However, living wills give an indi- heimer’s and Parkinson’s diseases. The that over research. In fact, I have pro- vidual an opportunity to make that NIH provides funding for biomedical re- vided $3.9 million in fiscal year 2008 to judgment, to make a decision as to how search at our Nation’s universities, create an embryo adoption awareness much care he or she wanted near the hospitals, and research institutions. I campaign. Most of these embryos will end of his or her life and that is, to re- led the effort to double funding for the be discarded and I believe that instead peat, a matter highly personalized for NIH from 1998 through 2003. Since I be- of just throwing these embryos away, the individual. came chairman in 1996, funding for the they hold the key to curing and treat- Individuals should have access to in- NIH has increased from $12 billion in ing diseases that cause suffering for formation about advanced directives. fiscal year 1996 to $30.2 billion in the millions of people. As part of a public education program, fiscal year 2009 Senate LHHS Appro- The many research, training and edu- I included an amendment to the Medi- priations bill. cation programs that are supported by care Prescription Drug and Moderniza- Regrettably, Federal funding for NIH the Federal Government all contribute tion Act of 2003 which directed the Sec- has steadily declined from the $3.8 bil- to this Nation’s efforts to provide the retary of Health and Human Services lion increase provided in 2003, when the best prevention and treatment for all to include in its annual ‘‘Medicare and 5–year doubling of NIH was completed, Americans. But without access to You’’ handbook, a section that speci- to only $328 million in fiscal year 2008. health care, these efforts will be lost. fies information on advance directives The shortfall in the President’s fiscal But with the plan outlined in the and details on living wills and durable year 2009 budget due to inflationary Health Americans Act, we can provide powers of attorney regarding a person’s costs alone is $5.2 billion. To provide health care coverage for the 47 million health care decisions. that $5.2 billion in funding, I recently uninsured Americans. This bipartisan As ranking member and chairman of introduced with Senator HARKIN, the bill is where the health insurance re- the Labor, Health and Human Services, NIH Emergency Supplemental Appro- form debate needs to begin—with a and Education Appropriations Sub- priations Act. This supplemental fund- market based approach to reforming committee, I have worked to provide ing would improve the current research health insurance. The time has come much-needed resources for hospitals, decline, which is disrupting progress, for concerted action in this arena. I physicians, nurses, and other health not just for today, but for years to urge my colleagues to take action on care professionals. come. An adequate number of health profes- In 1970, President Nixon declared war this important issue. sionals, including doctors, nurses, den- on cancer. Had that war been pros- f tists, psychologists, laboratory techni- ecuted with the same diligence as other FILLING THE TREE cians, and chiropractors is critical to wars, my former chief of staff, Carey Mr. SPECTER. Mr. President, as we the provision of health care in the Lackman, a beautiful young lady of 48, near the end of the 110th Congress, it is United States. I have worked to pro- would not have died of breast cancer. my hope that when we return for the vide much needed funding for health One of my very best friends, a very dis- 111th Congress, that there will be more professional training and recruitment tinguished Federal judge, Chief Judge comity and more bipartisanship and programs. In fiscal year 2008, these Edward R. Becker, would not have died more accomplishment than we have vital programs received $334 million. of prostate cancer. All of us know peo- seen in this Congress and in prior Con- Nurse education and recruitment alone ple who have been stricken by cancer, gresses. I have spoken at some length has been increased from $58 million in who have been incapacitated with Par- fiscal year 1996 to $149 million in fiscal kinson’s or Alzheimer’s, who have been on the Senate floor about this subject. year 2008. victims of heart disease, or many other I am about to introduce a prepared Differences in reimbursement rates maladies. written text, but the essence of my between rural and urban areas have led The future of medical research must concern arises because of the practice to significant problems in health pro- include embryonic stem cell research. I of limiting the amendments which Sen- fessional retention. During the debate first learned about embryonic stem cell ators may offer on the floor and the on the Balanced Budget Refinement research in November 1998 and held the problems of confirming judges, espe- Act, which passed as part of the fiscal first congressional hearing in Decem- cially in the last 2 years of a Presi- year 2001 consolidated appropriations ber of that year. Since that time I have dent’s administration. bill, I attempted to reclassify some held 19 more hearings on this impor- The great value of the Senate on the northeastern hospitals in Pennsylvania tant subject. Embryonic stem cells American political scene, which has to a Metropolitan Statistical Area with have the greatest promise in research earned this august body the title ‘‘the higher reimbursement rates. Due to because they have the ability to be- world’s greatest legislative body,’’ has the large volume of requests from come any type of cell in the human been the right of any Senator at any other states, we were not able to ac- body. time to offer virtually any amendment complish these reclassifications for During the 109th Congress, the House on any bill. That, plus unlimited de- Pennsylvania. However, as part of the companion bill to S. 471, the Stem Cell bate, has made this Chamber a unique fiscal year 2004 Omnibus appropriations Research Enhancement Act, was passed place among modern democracies, bill, I secured $7 million for 20 north- by Congress but vetoed by President where great ideas can be stated, can be eastern Pennsylvania hospitals af- Bush. The vote to override the veto in articulated, and can be debated, and fected by area wage index shortfalls. the House failed. The legislation would where, with sufficient debate, suffi- As part of the Medicare Prescription expand the number of stem cell lines cient analysis, and sufficient merit, Drug and Medicare Improvement Act of that are eligible for federally funded they can attract great public atten- 2003, which passed the Senate on No- research, thereby accelerating sci- tion. But that has been thwarted in re- vember 25, 2003, a $900 million program entific progress toward cures and treat- cent years—the last 15 years specifi- was established to provide a one-time ments for a wide range of diseases and cally—by both Republican and Demo- appeal process for hospital wage index debilitating health conditions. cratic majority leaders so that, as reclassification. Thirteen Pennsylvania In the 110th Congress, S. 5, the Stem usual, when there is a problem with hospitals were approved for funding Cell Research Enhancement Act, of this institution, there is bipartisan through this program in Pennsylvania. which I am a lead cosponsor and is blame. This program has been extended on identical to the 109th Congress legisla- Senator Mitchell, Senator Lott, Sen- several occasions and has provided a tion, was passed by Congress, but a ator Frist, and Senator REID have all total of $164.1 million for Pennsylvania vote to override the veto in the House used this practice. The first three Sen- hospitals. again failed. ators used it on some nine occasions

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.007 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9379 each, as detailed in the written floor this practice. On June 2, 2008, Senator will. The public then understands the statement which I am about to intro- REID called up the Warner-Lieberman issues involved and Senators are com- duce for the record. Senator REID has bill. On June 3, 2008, I filed and dis- pelled to take positions by voting. used it some 15 times. The practice has cussed on the Senate floor a series of That procedure is obviously totally un- been that the majority leader, who is proposed amendments based on com- dercut by the majority leader’s filling entitled as a matter of Senate practice peting the Bingaman-Specter climate the tree to abort traditional Senate to first recognition, takes the floor and change bill. On June 4, 2008, Senator practices. offers amendments so that there is a REID used his power as majority leader To stop the practice of filling the process where no other Senator can of getting first-recognition to offer tree and revert to traditional Senate offer an amendment. That is called fill- eight amendments which filled the so- debate and votes, I proposed S. Res. 83 ing the tree. That has resulted, then, in called tree thus precluding me or any on February 15, 2007, which would have the followup on a cloture motion to cut other Senator from offering any stopped the majority leader from fill- off debate. Then it becomes a bipar- amendments. Senator REID then filed a ing the tree. Notwithstanding repeated tisan wrangle, with one half of the motion for ‘‘cloture’’ to cut off debate efforts to get this proposed rule change aisle—Democrats—voting for cloture to on June 4 to set the stage to vote on acted upon, nothing has been done. cut off debate and Republicans, in a the bill without any amendments. It Senate action has also been stymied partisan context, voting against clo- then became a partisan issue with Re- by the use of the filibuster or other ture. I have voted against cloture be- publicans opposing cloture and Demo- procedures to thwart the confirmation cause as a matter of principle I do not crats favoring it. I opposed cloture to of Federal judges. These practices have think we ought to end the debate be- cut off debate since there had been no been utilized by both Democrats and fore we have had a debate or before debate and no opportunity to amend Republicans in the last 20 years. In the Senators have had an opportunity to the bill. On June 6,, cloture was not in- last 2 years of President Reagan’s ad- offer amendments. That has resulted, voked. ministration, 1987–1988, the Democrats as I see it, in gridlock on the Senate Reciprocal finger pointing then failed to confirm 10 district court floor, so the Senate has really become began, with Democrats blaming Repub- nominees and 7 circuit court nominees. dysfunctional. licans for stymieing the legislation by In addition, the time required to con- I contrast the kinds of work weeks filibustering and Republicans respond- firm circuit court nominees increased we have had, with very few votes, to ing that the Democrats were respon- from 195 days during President Carter’s the management of the comprehensive sible for killing the bill. This practice administration to 257 days during immigration bill during the 109th Con- has been used 16 times during the 110th President Reagan’s administration. gress where we had some 227 amend- Congress, stopping the Senate from Similarly in the last 2 years in the ments filed and some 27 votes, which is acting on bills such as FAA Reauthor- administration of President George the way I think the Senate ought to ization—H.R. 2881—Lieberman-Warner H.W. Bush, 1991–1992, the Democrats operate. Climate Security—S. 3036—and the En- failed to confirm 10 circuit court nomi- Then, beyond the issue of filling the ergy Speculation Bill—S. 3268. nees and 43 district court nominees. tree and stopping Senators from pro- Sometimes, after the tree has been Further, the time required to confirm a ceeding with the offering of amend- filled, there will be extensive negotia- circuit court nominee increased from ments, we have had the problems of the tions among Senators to agree on a 257 to 319 days during President Bush’s filibuster. Again, there is bipartisan limited number of specified amend- administration. blame, blame on both sides of the equa- ments that both sides are willing to The Republicans retaliated when tion. vote on. In part, this is done to limit Senator Lott was the majority leader Mr. President, in the last 15 years, the time it will take to finish the bill. by refusing to give hearings to Presi- the ‘‘World’s Greatest Deliberative More often, it is done to eliminate the dent Clinton’s nominees or by refusing Body’’ has degenerated into a ‘‘do- tough votes where Senators will have to have the Senate vote on nominees nothing Senate’’ due to abusive proce- to take positions on controversial after they reported out favorably by dural actions taken by both Republican issues which could be used against the Judiciary Committee. At the end of and Democratic majority leaders. The them in future campaigns, including the 106th Congress, 1999–2000, the Sen- Senate has been gridlocked and has be- 30-second television spots. ate returned 17 circuit court nominees come dysfunctional. As a result of these practices, Senate and 24 district court nominees to the The uniqueness of the U.S. Senate floor time has been filled with quorum President, and the time required to has been that any Senator could offer calls where negotiations are in process confirm a circuit court nominee had any amendment on virtually any bill to limit the number of votes which will increased from 319 to 439 days. at any time. That opportunity, plus be taken or to find ways to resolve the In the final 2 years of President Clin- unlimited debate, made the Senate the most contentious issues without votes. ton’s administration, a Republican place where great ideas could be pre- On many weeks, the Senate has had lit- Senate confirmed 15 circuit court sented to the American people and be tle floor debate and votes. For exam- judges and 57 district court judges. To debated extensively to provide the ple, the following occurred: one vote, date, the Democratic Senate has con- basis for legislative changes on public April 28–May 2; 3 weeks with two votes, firmed 10 of President Bush’s circuit policy to govern the Nation. January 22–25, January 28–February 1, court nominees and 48 district court That changed in 1993 when majority and September 15–19; 1 week with three nominees. An additional 10 district leaders started using their powers of votes September 8–12; 1 week with four court nominees may yet be confirmed. first-recognition to offer a series of votes, June 9–13; 5 weeks with five President Bush has nominated an addi- amendments called ‘‘filling the tree.’’ votes, April 21–25; May 19–23; June 3–6; tional 9 circuit court judges who have This procedure precludes any other June 16–20; July 21–26; 2 weeks with six not been confirmed and he has nomi- Senator from offering amendments to votes, April 14–18; March 3–7. nated an additional 20 district court the legislation under consideration. This inactivity is contrasted with nominees who it appears will not be Senator George Mitchell used this pro- Senate action on the comprehensive confirmed, assuming that 10 of pending cedure nine times in the 103d Congress immigration reform bill which was de- district court nominations will be con- from 1993 to 1994, Senator Trent Lott bated from May 15 to May 25, 2006, with firmed. In the 110th Congress, the time used it nine times in the 106th Congress 227 amendments filed and 27 rollcall required to confirm a circuit court from 2000 to 2002, and Senator Bill votes. nominee increased from the 439 to 906 Frist used it nine times in the 109th A far better procedural practice is to days. Congress from 2005 to 2006. Thus far in allow Senators to offer amendments The Senate was engaged in an espe- the 110th Congress during 2007–2008, under time agreements. These are cially bitter controversy from 2003–2005 Senator HARRY REID has used the tac- agreed to by unanimous consent and when the Democrats engaged in 23 fili- tic 16 times. allow Senators to have their amend- busters to stop the confirmation of 10 The legislation on global warming il- ments considered in an expeditious circuit court nominees: Miguel A. lustrates the unproductive nature of manner. Thus, the Senate can work its Estrada, Richard Griffin, Carolyn B.

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.045 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9380 CONGRESSIONAL RECORD — SENATE September 24, 2008 Kuhl, David McKeague, Priscilla preme Court nominations, where there disabling condition that affects 800,000 Richman Owen, Charles W. Pickering, is substantial public visibility even women each year. Henry W. Saad, William H. Pryor, Wil- though many Senators would like to It would help provide support serv- liam G. Myers, and Janice Rogers have done so. The conventional wisdom ices to women suffering from Brown. At least four other nominees was that in a high visibility situation postpartum depression and psychosis were blocked by the mere threat of fili- like Supreme Court confirmations, and would also help educate mothers buster: Terrence Boyle, William many Senators would not support a fil- and their families about these condi- Haynes, Brett M. Kavanaugh, and ibuster unless a good reason could be tions. Susan B. Neilson. publicly articulated to do so. With less In addition, it would support re- Republicans then threatened retalia- visible circuit court nominees, that re- search into the causes, diagnoses and tion with the so-called nuclear or con- luctance was absent. treatments for postpartum depression stitutional option. That plan would For example, no filibuster was and psychosis. have called upon Vice President CHE- mounted against Justice Clarence It attacks postpartum depression on NEY to rule that 51 votes could invoke Thomas even though there was sub- all fronts with education, support, and cloture. That ruling would then be ap- stantial ideological opposition to his research so that new moms can feel pealed, and under Senate procedure, a confirmation. Democrats did not have supported and safe rather than scared majority of 51 votes would sustain the 60 votes to invoke cloture. Justice and alone. ruling of the chair. In that manner, it Thomas was ultimately confirmed 52– We know—doctors and psychologists was contemplated that at least 51 votes 48. Similarly there was no effort to fili- know—that there are all too many could be obtained from the 55 Repub- buster the nominations of Justice Ruth mothers in need who are suffering in si- lican Senators. Bader Ginsberg or Justice Stephen lence. All too many mothers are un- On May 23, 2005, the eve of a vote set Breyer even though there was substan- aware of the condition and go without for the following day to invoke the nu- tial Republican ideological opposition. the treatment and support they so des- clear or constitutional option, the so- Justice Ginsburg was confirmed 96 to 3 perately need. called ‘‘Gang of 14’’—7 Democrats and 7 and Justice Breyer was confirmed 87 to I introduced this bill because I was Republicans—agreed to enter into a 9. inspired by the story of Mrs. Mary Jo compromise to confirm Janice Rogers During the confirmation hearing of Codey—the former first lady of New Brown, William Pryor, and Priscilla Justice Samuel Alito, the Democrats Jersey—who publically shared her Owen, and to reject William Myers and sought to gain traction about a fili- struggle with postpartum depression. Henry Saad, so there was never a deter- buster trying to associate Justice Alito It was her courage and strength that mination as to whether Republicans with the Concerned Alumni of Prince- helped change New Jersey law—and had sufficient votes to invoke the nu- ton, an organization which reputedly now, hopefully, will help change our clear/constitutional option. discriminated against women and mi- Nation’s laws. With the 7 Democrats and the 7 Re- norities. The Democrats’ effort failed But postpartum depression affects publicans in the ‘‘Gang of 14’’ breaking women all over this country, not just party lines, there would have been in- to secure a subpoena for the Concerned Alumni of Princeton records and infor- in my home State, and that is why I sufficient votes to maintain the filibus- was proud to introduce this legislation ters or to invoke the nuclear/constitu- mal inquiries found no connection be- with Senator DURBIN and work with tional option. With 7 Democrats from tween that organization and Justice the support of Senator KENNEDY. I saw the ‘‘Gang of 14’’ voting for cloture, Alito. Thus, the effort to muster a fili- the companion legislation of Rep- there would have been 62 potential buster sputtered and was not pursued. resentative RUSH sail through the votes—55 Republicans and 7 Demo- During my travels through Pennsyl- House—passing 382–3—and we were all crats—to invoke cloture. With 7 Repub- vania during the August recess, I heard set to pass this bill when one singular licans voting against the nuclear/con- many complaints from my constituents Senator signaled his objection, essen- stitutional option, there would have at town meeting about partisanship in tially blocked the bill, and the whole been a maximum of only 48 votes, 55 the U.S. Congress. The consistent com- process ground to a halt. minus 7. ments were that people were sick and In order to break the filibuster im- tired of partisan bickering. It is re- One Senator’s objections and Amer- passe on the confirmation of Federal flected in the public opinion polls ican women are left without relief and judges, I proposed S. Res. 327 on April which give the Congress very low rat- support from a disabling and often 1, 2004 and S. Res. 469 on March 4, 2008. ings. undiagnosed condition affecting as These resolutions provided for a 90-day My proposed rule changes would have many as one in five new mothers expe- timetable for fair consideration of all a profound effect on allowing the Sen- riencing symptoms. judicial nominees with the following ate to take care of the people’s busi- One Senator’s objections, and Amer- benchmarks: within 30 days of the ness by eliminating the gridlock and ican women are left without this President submitting a judicial nomi- providing for up and down votes in the strong program to make sure they no nation, the Judiciary Committee would judicial nominating process based on longer have to suffer in silence and feel hold a hearing; within 30 days of the professional competence and not ide- alone when faced with this difficult hearing, the committee would vote on ology. condition. the nomination; and within another 30 The PRESIDING OFFICER. The Sen- One Senator’s objections, and Amer- days, the Senate would hold an up-or- ator from New Jersey is recognized. ican women are left with few places to down vote on the nomination. I was f turn when they show signs of depres- willing to modify this timetable; but it sion, lose interest in friends and fam- UNANIMOUS-CONSENT REQUEST— ily, feel overwhelming sadness or even would move the issue forward to some S. 1375 compromise timetable. have thoughts of harming the baby or This rule change would not affect the Mr. MENENDEZ. Mr. President, I themselves. existing rules that require 60 Senators rise today because there are far too Many new mothers sacrifice anything to cut off debate on legislative mat- many women in America suffering in and everything to provide feelings of ters. It would apply only to judicial silence from postpartum depression security and safety to their newborn confirmations. and it is time to let them know that child. It is our duty to provide the The basis for the rule change was they are not alone. It is time to lift the same level of security, safety and sup- that public policy was better served by veil of shame and secrecy—this condi- port to new mothers in need. determining confirmation on profes- tion is not their fault and they can get We were on our way to taking those sional qualification without engaging help. steps when a single Senator stepped in in the ‘‘cultural wars’’ to elevate ide- The Melanie Blocker Stokes MOTH- and blocked it from happening. ology over professional judicial quali- ERS Act would establish the first com- For the millions of American women fications. prehensive legislation to assist new who have suffered or soon will suffer As a practical political matter, fili- mothers suffering from postpartum de- from postpartum depression we need to busters have not been used to block Su- pression and educate women about this pass this bill today.

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.009 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9381 I ask unanimous consent that the cess subject to the call of the chair fol- Clearly, VA has become an invaluable HELP Committee be discharged of S. lowing the remarks of Senator CRAIG. piece of the health care system for all 1375 and that the Senate immediately The ACTING PRESIDENT pro tem- Americans. proceed to S. 1375; that all after the en- pore. Without objection, it is so or- At the same time, the VA is a sepa- acting clause be stricken and that an dered. rate health care system within our Na- amendment at the desk consisting of Mr. MENENDEZ. Mr. President, I tion and creates a certain disconnect. the text of subtitle (d) of title I of S. had another statement, but I see Sen- The focus of the VA has been on estab- 3297 be inserted in lieu thereof; that ator CRAIG is here. Even though I know lishing a system that is dependent the amendment be considered and he objected to my request on behalf of upon bricks and mortar and a fixed lo- agreed to, the bill, as amended, be read someone else, I am going to yield the cation. a third time, passed, and the motions floor and come back at a later time. In the vast majority of situations, to reconsider be laid upon the table, The ACTING PRESIDENT pro tem- veterans enrolled in the VA health care with no intervening action or debate. pore. The Senator from Idaho is recog- system must receive health care at VA The ACTING PRESIDENT pro tem- nized. facilities unless they want to pay for pore. Is there objection? Mr. CRAIG. I thank my colleague for care through private insurance or out Mr. CRAIG. Mr. President, I object. his generosity. I understand the time of their own pockets. This means that The ACTING PRESIDENT pro tem- constraints he was under under his UC. veterans who do not live near a VA fa- pore. Objection is heard. I appreciate that a great deal. cility have a more difficult time ac- Mr. MENENDEZ. Mr. President, I as- I certainly object for this side be- sume my distinguished colleague from cessing VA care because of where they cause it had not been cleared, and fol- Idaho is objecting on behalf of Senator choose to live. lowing the standard procedures of this To address this, VA aims to build fa- COBURN, and I understand if that is the case. Senate, no Senator comes to the floor cilities in strategic locations to serve I have a problem in that we have a in the absence of others and makes the the greatest number of veterans. I am process that has festered where one unanimous consent request expecting pleased that in the past few years VA person suddenly believes that they are it to pass. So I was speaking on behalf increased the number of outpatient the guardian of what is good and what of the Republican side where a Senator clinics in my State of Idaho. Unfortu- is not. I always get concerned when has not yet cleared this bill. It was not nately, these new clinics cannot com- suddenly one person in an institution a reflection of my own attitude or con- pletely resolve all of the issues or serve believes they can use the powers that cern over the issue. veterans in a total way. are reserved largely for the purposes of f I am sure all of my colleagues, and particularly those who represent rural ensuring that something they feel so HEALTH CARE passionate about or so strongly about States such as my home State of Idaho, and to protect the powers of the minor- Mr. CRAIG. Mr. President, I have have heard from veterans who wish ity can be preserved, but then it get come to the Senate floor often over the they could utilize their VA health care abused and hundreds of pieces of legis- last good number of years to speak benefits at a facility closer to their lation get stopped by one Senator. about a variety of issues. In the last 4 home. It is a significant barrier to care Now, I intend to continue to push or 5 years, I spoke of my concern over when a veteran has to drive for several this because I want mothers through- a lack of a national energy policy and hours to reach a VA facility. out this country to understand who is the productivity of the great private An elderly veteran, possibly in his or blocking their way from having the sector in our country to produce en- her seventies or eighties, driving lit- type of access and help that is nec- ergy for the American consumer and erally hundreds of miles to get to that essary to be able to ensure that, in the inability of public policy or polit- VA facility, is in itself not only im- fact, they do not have to go through ical figures to allow that to happen for practical, in many instances it is im- these depressions alone. all kinds of reasons, and obviously we possible for that veteran. We also need We have many stories across the have now experienced one of the great- to consider health care access for the landscape of the country of mothers est energy shocks in our country’s general population. It is no surprise who did not know they were having economy. Yet we still stand still today, that our Nation is facing a crisis when post partum depression, and the con- immobile in our ability to deal with it it comes to having an adequate supply sequences were that they thought for a variety of reasons. of health care professionals. about hurting their children and hurt- Today, I do not come to the floor to According to a July 2007 report of the ing themselves. We can do far better. speak about energy. I am here today to American Hospital Association, U.S. When the House of Representatives speak about two health care issues hospitals need approximately 116,000— passed this very same bill, and we that are important to our Nation: ac- that is right, 116,000—registered nurses changed it to accommodate our col- cessibility to health care services and to fill vacant positions. This is a na- leagues on the Republican side of the health care for veterans. tional RN vacancy rate of about 8.1 aisle in the HELP Committee, but As chairman of the Veterans’ Affairs percent. passed it 382 to 3—382 to 3—the reality Committee, I had the opportunity to Another study estimates that the is, something is wrong when one Sen- learn more about the phenomenal job shortage of RNs could reach 500,000 by ator believes he or she can stop the the Department of Veterans Affairs 2025. I did the math on my age and de- progress on behalf of millions of women does to provide health care to our Na- termined that is about when I am in this country. I am going to come to the floor of the tion’s veterans. VA runs facilities going to start needing possibly more Senate time and time again. I want across the country that employ some health care provided by health care American women to know who is the of the finest doctors, nurses, and other professionals. At this moment, we are impediment to the opportunity for health care professionals. suggesting this will be the period of them to get the help they need. I want These are dedicated men and women time when there will be potentially the mothers to know who is the impedi- who provide world class health care to greatest shortage. ment to get the help they need. I want our Nation’s heroes. The VA is also a An aging workforce, a shortage of families to know who is the impedi- training ground for many of our Na- slots in nursing schools, and an aging ment to get the help they need. I want tion’s health care professionals. Ac- population that is living longer and husbands to know who is the impedi- cording to the American Association of therefore requiring more health care ment to have their spouses get the help Medical Colleges, more than half—yes, services are all contributing to this they need, and that is one Senator— that is right, more than half—of our nursing shortage. This shortage in one Senator. Nation’s physicians receive some part health care providers is not limited to nurses. In the 2006 report by the Health f of their medical training in VA hos- pitals. Resources and Services Administra- ORDER FOR RECESS Over 28,000 residents and nearly 17,000 tion, they project a shortfall of around Mr. MENENDEZ. Mr. President, I ask medical students rotate through the 55,000 physicians by 2020. In addition, unanimous consent that the Senate re- VA health care system each year. various studies have indicated current

VerDate Aug 31 2005 02:13 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.047 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9382 CONGRESSIONAL RECORD — SENATE September 24, 2008 or impending deficiencies in various my community paid for by the Vet- and I hope it will be given serious con- specialties, including cardiology, erans’ Administration because I have, sideration. rheumatology, and neurosurgery, as upon my service and upon my dis- My constituents are not calling and well as primary care. ability, been granted access to the VA asking me to help their brokers. They I think most Americans understand health care system? I live in rural are asking for help to protect their the significance of this situation. We Idaho. But why must I travel miles mortgages, their ability to grow their can build all of the medical facilities when there are hospitals and clinics all small businesses, their ability to send we want, but they serve no purpose if around me? I cannot have access to their kids to college. And they are wor- there are not enough medical profes- them. ried about the security of their life sav- sionals to work in these hospitals and What is wrong with that picture? ings. I am concerned that if we do clinics. What is wrong with that picture is that nothing, their savings, their ability to That is where the VA and other med- this wonderful, marvelous VA health buy a home or finance college, and ical facilities, be they public, private care system is a static, in-place system their financial security are all at very or nonprofit, run into each other. They that does not have the flexibility that serious risk. are all competing for a pool of health modern health care speaks to and that These are not ordinary cir- care professionals that is not growing, it must have in the future. cumstances, and if this economic sta- and that is not growing as quickly as it I am retiring from the Senate, so bilization plan was nothing but a bail- is needed. I am concerned that ulti- these pieces of legislation will not be out for Wall Street bankers, I would mately this will diminish the quality introduced again. But I am challenging not have anything to do with it. The only reason to support this ac- of health care that is delivered to our my colleagues, as you stand and so tion is to save ordinary Americans Nation’s veterans and, of course, to all proudly speak of your concern for vet- from an economic disaster that they Americans. erans and your concern for their care, had absolutely no hand whatsoever in So how do we address the health care that you step away from the bricks and creating. And to say that I am more needs of all Americans when faced with mortar and from the rigidity of the ac- than a little mad at this situation— these challenges? I think we need to tivist advocacy groups who think that created largely by bad decisions of examine how we can integrate VA fa- health care for veterans can only be de- those in the subprime housing mar- cilities with other health care facilities livered in one form. Modernize it. to better serve not only veterans but ket—is an understatement. Change it. Give it flexibility if we want But if we are to take action, then it entire communities. Is there a way to give ultimate health care to our vet- that we can utilize existing VA facili- needs to put Main Street ahead of Wall erans, and if we want to integrate non- Street. This isn’t about bailing out in- ties to serve all of those living in rural veterans into that quality health care vestment bankers; this is about keep- communities that struggle to recruit system in a way that strengthens it, ing the U.S. economy from entering a health care professionals without com- improves it, and sustains it in an eco- downward spiral. To that end, any ac- promising care for veterans? Is there a nomical fashion. tion we take must include the fol- way we can change the VA health care I yield the floor. lowing: No. 1, limits on executive com- system to enable veterans to receive pensation; No. 2, debt reduction; No. 3, care at their local non-VA health care f congressional oversight and trans- providers? RECESS SUBJECT TO THE CALL OF parency. And yes, of course, taxpayer I know these kinds of changes will THE CHAIR protection. not happen quickly and they will not The ACTING PRESIDENT pro tem- With regard to executive compensa- happen easily. Earlier this session I in- pore. Under the previous order, the tion, if weak companies are seeking troduced two pieces of legislation that Senate stands in recess subject to the Government assistance, the taxpayers proposed dramatic changes in the VA call of the Chair. should expect no less than a firm limit health care system. I will say that There being no objection, the Senate, on what kind of executive compensa- these proposals were not enthusiasti- at 2:29 p.m., recessed subject to the call tion might be possible for those in- cally welcomed by many of those en- of the Chair and reassembled at 3:12 volved in these distressed companies. trenched in the veteran advocacy com- p.m. when called to order by the Pre- Debt reduction. Any proceeds that munity. S. 815, the Veterans Health siding Officer (Mr. TESTER). are earned from the Government buy- Care Empowerment Act, would allow The PRESIDING OFFICER. The Re- ing these assets and then selling them veterans with a service-connected dis- publican leader is recognized. in the marketplace must be used to re- ability to receive hospital or other duce the national debt. These revenues f medical care at any Medicare or must not be used to pay for unrelated TRICARE-eligible facility. MORNING BUSINESS and unnecessary pet projects. When I introduced this legislation Congressional oversight and trans- Mr. MCCONNELL. Mr. President, we last March, I stated my belief that parency. Americans need to be able to are in morning business, right? most veterans would choose to con- see how their money is being used and The PRESIDING OFFICER. We are in tinue to receive health care at a VA fa- that it is being managed wisely. We in a period of morning business. cility. I still believe that is true. But I Congress will watch where every dollar also know this legislation would en- f goes to ensure there is no waste and no hance access of care for veterans who ECONOMIC STABILIZATION PLAN funny business. do not live near a VA facility by serv- Taxpayer protection. Americans have ing them in the communities in which Mr. MCCONNELL. Mr. President, a right to expect that there is no fraud they live. Senator MCCAIN has just announced he or abuse. It is the taxpayer and the I also introduced legislation, S. 441, is willing to suspend his campaign, set American economy we are protecting, the State Veterans Home Moderniza- politics aside, and sit down with all and we must take steps to ensure they tion Act, which would allow, instead of sides to come to a solution to the are protected first. building veterans homes, noninstitu- looming threat to our economy. That The American people who were not tional care and daycare and respite is really an outstanding idea. The involved in creating this situation need care for our veterans. I know my time threat to Americans and their homes, to be protected from the mistakes of is now limited, so let me close with savings, and retirements is really not a those who were. Main Street needs to this thought. partisan problem, and it will not be be insulated from Wall Street. That is Earlier this year, a group of young fixed with a partisan approach. Ameri- what this plan is meant to accomplish. Idaho Iraqi and Afghan vets came to cans want to know that their home But we must insist on the protections I my office concerned about health care. values and college funds and retire- have just enumerated. One of them pulled from his pocket a ment accounts are safe; in other words, Mr. President, I suggest the absence credit card and said: Senator, why can- that the problems on Wall Street are of a quorum. not this become a VA health care card not going to spread to Main Street. So The PRESIDING OFFICER. The that allows me access to health care in I appreciate my colleague’s proposal, clerk will call the roll.

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.048 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9383 The assistant legislative clerk pro- that got us into the mess in the first best interests of the country. And it ceeded to call the roll. place. shows. Mr. COBURN. Mr. President, I ask The financial mess we are in is be- We have the financial debacle in unanimous consent that the order for cause confidence in the country and front of us today to prove it. Imagine the quorum call be rescinded. our response has been eroded. As I got what would have happened had Con- The PRESIDING OFFICER. Without on a plane to come back to Wash- gress been aggressive in its oversight. objection, it is so ordered. ington, I talked with a businessman Imagine what would have happened Mr. COBURN. Mr. President, I ask from eastern Oklahoma who has a after the failed attempt 4 years ago to unanimous consent to be recognized for worldwide business. He talked about on try to put the controls of Fannie Mae such time that I might consume in August 20, he saw this tremendous and Freddie Mac that we had a month- morning business. worldwide drop in demand for his prod- ly hearing outlining the worsening— The PRESIDING OFFICER. Without uct. It didn’t have anything to do with worsening—condition so we could have objection, it is so ordered. his product. It had everything to do avoided this situation. Instead of us f with people now worried about if they doing that, we did what was easy. We should hang on to cash because the ec- took the easy road, the wide road. We CONGRESSIONAL OVERSIGHT onomics don’t look good. didn’t do what our oath calls us to do. Mr. COBURN. Mr. President, I wish Whatever they do here, the No. 1 goal I think we are going to see some very to spend a few minutes talking about a has to be reestablishing a confidence in different behavior when it comes to us perspective that I think is lacking, and this country that, yes, we can have an approaching the financial package that I hope we have an opportunity to gain. economy that works, we can rebuild we are going to put together that will I was intrigued and interested as I lis- faith in the financial institutions, and enable an economic recovery in this tened to the senior Senator from New we can do that, best of all, by not re- country. I believe you are going to see Hampshire explain to the American peating the mistakes we have made in people vote for bills they basically people what actually is going on in the past. don’t like because it is in the best in- terms of our financial system. I don’t To outline, the Defense appropria- terest of the country. My hope is that believe there is anybody in the Con- tions bill has over $10 billion in it for when we do that, it would not be a one- gress, or anybody in the country, who airplanes the Air Force doesn’t want. time happening; that we will, in fact, is happy about where we are today: Think about that. There is $10 billion move back to the position to take a de- contemplating putting the Federal worth of airplanes in the Defense ap- cision on how we vote on something Government as the owner of a bunch of propriations bill that is going to pass and not do a finger to the wind on how toxic assets that were accumulated on that they are going to have to buy that it looks back home or how it looks for the basis of greed, poor policy, bad they neither want nor need. Why is our political career but, in fact, look at management, and bad regulation. I that happening? Because we are put- the U.S. Constitution and say: Does it don’t believe anybody is happy we are ting local, parochial politics ahead of square with that, and does it match our here. I don’t believe the regulators are; the best interests of the country. oath to do what is in the best interest I don’t think Members of Congress are; We are going to buy some ships the of the country? When we get through I don’t think people in this country Navy doesn’t want. Same reason, dif- with this exercise, as far as this eco- are. ferent area of the country. But we are nomic recovery, I think the country But from that, we can learn some- going to buy them because we are can once again maybe start to have thing. My worry is that we will not. I going to put a parochial benefit to a confidence in Congress; that we will, in heard this morning the majority lead- Member of Congress ahead of the best fact, address the issue; that we will er—and I have a great deal of respect interests of the country. vote against our political best inter- for him—laying this all at the foot of There isn’t a family out there who ests, but we will vote in the best inter- President Bush. Presidents can do very doesn’t have to weekly or monthly ests of the American people. little other than what we let them do. make hard choices about how they Senator GREGG has outlined very elo- When we talk about the lack of over- spend their money. We, unfortunately, quently what is happening, what has sight and regulation, the problem is, continue to make decisions on how we happened, what the response has been we were not watching the regulators, spend your children’s money and your thus far, and what needs to be done in and our constitutional duty is that we grandchildren’s money on a parochial the future. If you have not heard him should have been. or political interest that benefits Mem- speak to this, I would suggest my col- There is a lot of blame to go around— bers of Congress. That is what has to leagues listen to him. You can get it, and it is not partisan—Republicans and change. what he spoke about this morning, be- Democrats, the executive branch, even If there is a lesson in what has hap- fore lunch, an understanding of what is the judicial branch in some of their pened to us in terms of the loss of con- necessary to reestablish confidence. It rulings that created some stupid con- fidence in the financial system in this is not a time for politicians to win, it sequences to things that were never in- country, all I have to say is Congress is a time for the American people to tended by Congress. earned it. We created it. We expend 100 win. The only way they win is when we But what we ought to learn, and times more effort trying to create new put them first and us second. what I think is most important is, if programs and new ways of spending Mr. GREGG. Will the Senator yield you are an American right now and you than we do managing the very Govern- for a question? are worried, you have a great reason to ment you send us here to put under Mr. COBURN. I will. be worried. It is not about some im- control. Mr. GREGG. Mr. President, I ask pending financial crash. What you I take the Constitution literally. It unanimous consent that at the conclu- should be worried about is the Congress has a section in it called the enumer- sion of the time the Senator from is not listening. ated powers. It is article II, section 8. Oklahoma has used, I be recognized for Let me explain what I mean. It spells out exactly what the role of 10 minutes under morning business; We are going to finish at the end of Congress is. If you look at how we got and at the conclusion of my time, Sen- this year with over $10 trillion in debt. into this mess, every example of that ator ALEXANDER be recognized; and if a That is over $33,000 for every man, goes back to the fact that Congress is Democratic Member wishes to speak, woman, and child. We are about to pass violating what the Constitution says is that they be inserted in the proper some type of system to salvage credit our legitimate role, is doing something order. liquidity in this country that is going that is outside the legitimate role, and The PRESIDING OFFICER. Without to cost another $2,000 to $3,000 per man, we rationalized it for the political ben- objection, it is so ordered. woman, and child in this country. efits for either career politicians or Mr. GREGG. Mr. President, I wish to We are going to have a continuing party, one side of the aisle or the congratulate the Senator from Okla- resolution that comes to this body this other. That is why Congress has a 9- homa. He has made an extraordinarily evening or maybe tomorrow morning percent approval rating, because we are statesmanlike presentation. This isn’t that continues to do the wrong things more interested in us than we are the about the politics of the day, it isn’t

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.051 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9384 CONGRESSIONAL RECORD — SENATE September 24, 2008 about theater or hyperbole. This is Our future depends on what we do on the deficit in the next year. It may about how we maintain the integrity of and how fast we do it. That doesn’t be significant on the debt but not on the American financial system so we mean we should not do it right. It the deficit. The practical effect of that have the necessary tools to make Main doesn’t mean we shouldn’t be thought- in the long run will be that it would Street solvent and prosperous so Amer- ful about what we do. But the degree not be anything on the debt because icans don’t lose their jobs, don’t lose and the magnitude of this problem is the money will be repaid through the their savings, and we have economic something I have never seen in my 60 selling of the assets that are pur- activity that continues. He has stood years, and I doubt the Senator from chased. Compare that cost to what hap- and—in the face of what is some fairly New Hampshire has ever seen it. Very pens if we do nothing—if we have a intense criticism coming from pundits few people in the history of the world total destabilization of our financial who don’t have a vested interest in the have ever seen the kind of risk this houses, if banks start to fail, if Main issue, other than their desire to get country is facing at this moment. Street contracts, if people are put out ratings—made the very rational point So it is important it have nothing to of work, if revenues drop dramatically. that we need to do this, we need to do with Republicans or Democrats; You are talking about lost revenues to take action, we need to step outside that it have nothing to do with the the Federal Government of an inordi- the bounds of politics, outside the Presidential election; that it have nate amount. You are talking about bounds of theater, and we need to do it nothing to do with anything except the programs which will have to be added now; that delaying this only will lead best interest and the future of this to take care of people in dire straits of to significant problems. country. inordinate amounts. I can’t imagine So, first, I wish to say I have unlim- With that, I yield the floor. what the cost would be if we went The PRESIDING OFFICER. The Sen- ited praise for the position the Senator through a dire recession or worse. But has taken, and he has not only done ator from New Hampshire. Mr. GREGG. Well, Mr. President, I it would be huge—huge—and dramati- this in this Chamber but he has done it cally more, by factors of multiples, in meetings with membership, and it wish to continue the dialogue the Sen- ator from Oklahoma has begun because multiple events compared to what the has had a huge impact on my col- cost is of trying to do something now. leagues because he is so highly re- I believe it is critical. There are times when our Nation The point is we have to do it quickly. garded on the issue of fiscal policy es- faces a crisis of incomprehensible This is understood, by the way, by a lot pecially. But I guess my question is: threat—incomprehensible in terms of of people around here. It is understood, We have Senator MCCAIN basically sus- the size and the effect of it—and at fortunately, by Senator MCCAIN, who pending his campaign to come back those times we have united as a nation. has said he is going to suspend his cam- and try to work on this, and Senator This is a time when we have to do that. paign to come back and try to get this OBAMA has been very constructive. It is Most of those threats have been phys- thing done. I believe it is understood time to move forward in a bipartisan ical events, the most recent being by Senator OBAMA. I have been totally way. Doesn’t the Senator from Okla- Katrina and, obviously, 9/11, and the at- impressed with his very mature and ap- homa believe this has to be done in a tack on Pearl Harbor. These were phys- propriate response to this issue. I am bipartisan way and done in a very ical events that caused us as a nation hoping Senators MCCAIN and OBAMA timely way; otherwise, we will lose the to pull together and act in an extraor- can lead us, in a bipartisan way, to re- opportunity to settle this situation dinary way and as a government to do solve this. I have also been impressed out, and we may see a disastrous event the same. What we are facing is an with the leadership on the other side of occurring which affects every Ameri- event that will create a massive disrup- the aisle, especially the role taken on can’s pocketbook and their lifestyle, tion of our economy and will have a by Senator SCHUMER, who obviously basically? huge impact on individuals. That is the understands this intuitively and sub- Mr. COBURN. First of all, I thank point. People will be unable to get stantively, being from New York, But the Senator for his comments, and to credit. also other Members on the other side of answer him: What we saw on the mar- If you run a small mom-and-pop gro- the aisle. I think Senator DODD, chair- ket today, we saw a period of time cery store or a small business, and this man of the Banking Committee has when there was zero interest on a 2- month or this week you don’t make played a major role. Obviously, he was month T-bill. What that is saying is enough money to meet payroll, you are extremely critical, he and Senator people have lost interest on anything not going to be able to borrow money SHELBY, in the initial effort with other than a government security, and to meet payroll, so people will not be Fannie Mae and Freddie Mac. Their they are willing to give the Govern- paid. If you have a child in college and work was extraordinary. ment their money for that security you want to borrow to keep them going So there is the core and the energy in with no interest. That is fear talking. in college, you are not going to be able the Senate to do something aggres- What we have to do is drive out fear. to borrow that money. If you have a sively, in a bipartisan way, and to do it We have to drive back confidence. house you want to refinance or add on right. I think the point is we need to do So I believe, Senator GREGG, that we to, you probably would not be able to it aggressively and do it right and do it will see a bipartisan vote in the Senate borrow to do that. The credit markets now. We can’t wait. and the sooner the better. Because are locked down and will lock up if we I see my colleague, Senator ALEX- every day we are not fixing this, it is don’t take some action to try to relieve ANDER, on the floor, and I know he has costing jobs, it is costing the ability to this pressure. a number of thoughts on this, and so I promote new jobs in our economy, and The important point is this action is yield to the Senator from Tennessee it is costing savings for those people not that expensive in the context of because he is a leader on this issue. who are no longer working but living the overall threat. The number $700 bil- The PRESIDING OFFICER. The Sen- off retirement. So I feel this body is lion has been thrown around. That is a ator from Tennessee. going to stand and do the right thing. totally specious number. Yes, that is Mr. ALEXANDER. Mr. President, I I have been impressed with Senator what will be borrowed, but it is not came to the floor to join with the Sen- SCHUMER, Senator JACK REED, whom I what it will cost us, because that ator from New Hampshire in congratu- just saw. The questions he asked and money will be used to purchase assets, lating the Senator from Oklahoma for the answers that were put forth by and those assets have value and the his statesman-like comments. And not both Secretary Paulson and Chairman Government and the taxpayers will re- just his comments on the floor because Bernanke yesterday, I thought, were cover that value. The net effect of that those of us who know Senator COBURN right on the money. I don’t think we borrowing and the assets purchased, know that what he says in public he are far apart. But even if we are not far when they are resold, could be zero, we says in private and vice versa, and we apart, we have to be able to do what is could actually make money, or it may respect his views on fiscal matters. right and we have to do it timely. We be $100 billion, which is a lot of money, What he said was that we in the Senate should not leave here. There should be but it is certainly not $700 billion. have a responsibility to make sure we no leaving and coming back until this So in the context of what the initial do nothing to cause a crisis in con- is solved. cost will be, it will hardly be anything fidence, or more of one.

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.053 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9385 I thank the Senator from New Hamp- see the cost of what will happen if we ‘‘We were informed’’—I will leave out shire for pointing out to us that when don’t take action in the next few days. the name of the bank. ‘‘We were in- you say $700 billion or a trillion dol- After you have lived a while, and after formed that an’’—I will leave out the lars, you are not taking into account you have seen a few things, you begin name of the county—‘‘industrial rev- the real dollars—and I will not repeat to make some decisions based not just enue bond issued last year could not be his speech about the cost. In fact, I will on the heart or the mind but on the resold this week in the market because ask, if I may, a question of the Senator gut. This is a gut decision to me, with of the freeze of the credit markets.’’ from New Hampshire, and I will yield a little bit of experience thrown in. Today. ‘‘These tax free bonds totaling the floor for a moment. When I was Governor of Tennessee in $10 million were issued last year on a We hear these numbers, a trillion the mid-1980s, I had the misfortune of variable interest rate basis, secured by dollars and $700 billion. presiding over a situation where we a full irrevocable letter of credit from May I ask the Senator from New had 40 or 50 banks that failed. I stayed one of the nation’s largest and most Hampshire through the Chair, what up all night with Paul Volcker and well capitalized banks.’’ would he guess the real cost of this watched the Federal Reserve pull its No credit problem at all, but no lend- economic recovery plan to be, this Sec- credit for one of the banks in Knox- ing—freeze credit. This crisis we are all retary Paulson plan that we hear ville. And that set off a chain of events talking about here is not about a about, based on what he knows now? which, if it had been a national chain bunch of people on Wall Street. It is What does he suspect the real cost of events, we would have seen 1,000 or about a bunch of people on Main would be? 2,000 bank failures. That is what we had Street, and whether we are going to act Mr. GREGG. Well, nobody actually to deal with. on a bipartisan basis to restore con- knows, is the answer to that. But there That was a controlled, small event fidence, restore confidence in our coun- are some pretty good parameters you compared to what could happen if we try and to prevent what could be a can put it within. We know the Bear do not take steps to avert a credit cri- major catastrophic event. Stearns situation, which was $29 billion sis in the United States. Last week, be- Mr. GREGG. Mr. President, if the by the Fed, is probably going to be a fore Thursday night’s events, I was at Senator from Tennessee would allow wash. We expect the AIG which again the Volkswagen headquarter’s opening me to express a question to our leader: was the Federal Reserve action, not in Virginia. I spoke with the credit The point the leader makes is abso- coming off our Treasury books, which manager there for the part of the com- lutely valid, but it is not unique to was $85 billion—is probably going to be pany that loans money to people who Kentucky. We are hearing all over the a winner. In other words, they will get buy cars, and said to me that he and country that municipal—communities more money back than they are spend- people similar to him, even companies are unable to roll over their municipal ing. Freddie Mac and Fannie Mae, that large, the largest European auto- bonds or are getting close to that where we put up $200 billion, we essen- mobile maker, were finding it difficult threat. We have heard about major cor- tially said we were willing to put up to get dollars. porations that have been unable to $200 billion and give the Treasury Sec- What if General Motors Acceptance move cash into franchises last week be- retary that type of authority. We have Corporation or Ford or Volkswagen or cause the banks did not have the only spent $5 billion so far of that $200 Nissan Credit cannot go into the mar- wherewithal to move cash because of billion. That $5 billion will net out, so ket to get some money? Then they can- the threat and the pressure that was the total cost of that $5 billion is going not loan me money to buy a Nissan or being put on their money market ac- to be less than $5 billion, probably at a Ford or a Saturn. If I can’t buy a car, the most maybe $1 billion, maybe $1.5 then the new Volkswagen plant or the counts, which they had to protect and billion after you net out the assets. Nissan plant or the General Motors defend. As you say, this is not a Wall Street So if you look at those parameters plant that we are so excited about, event. This is going to be a Main Street and look at the $700 billion number, doesn’t have any jobs. what we are going to be buying is as- I applaud Senator COBURN, I applaud event. People are going to be put out of sets. Think of it this way: We are going Senator GREGG, and the Senator from work, they are going to lose their jobs, to go out and buy a lot of cars that New Mexico, and the Republican leader there is going to be a huge disruption. have been a little damaged; some have here. Inaction is not an option here. I The potential for economic disarray is been really damaged. The pricing we can only speak for one Senator, but unprecedented. pay for those cars isn’t going to be from what I have heard on the Repub- I think it is very appropriate that what the person paid for them when lican side of the aisle, we understand the Senator from Kentucky, as the they bought them off the lot. It is the seriousness of this problem. From leader, has pointed out a very real- going to be what those cars are valued what I have heard on the Democratic world event here because this is real- as damaged. There may be a premium, side of the aisle, most Democrats un- world stuff. This is not theory. but I don’t think it will be much. Then derstand the seriousness of this prob- Mr. ALEXANDER. Mr. President, I we will take those cars and either re- lem. We want to put our imprint on the see the Democratic whip here and I am pair them and resell them or we are proposal, but we want a result. In my glad to have an opportunity to make going to resell them, when the econ- view, we must have a result to avert a this point while he is here, since those omy improves, as damaged cars. People set of events that none of us would of us on this side are Republicans. will want them because they are going want to see. I applaud the reaction of Senator to repair them. For those watching the legislative OBAMA to this economic crisis. It is a In either event, we are going to get process here in Washington, I want to Presidential reaction. It is restrained. back a fair amount of the money we in- make it clear to them that in my view, It leaves room for discussion and it rec- vested because we have a physical and I believe the sentiment of a great ognizes the problem. asset. It is called a mortgage-backed many Senators, is that we want and ex- I applaud Senator MCCAIN’s decision security, most likely, and we own it pect a result. We understand the seri- to involve himself, if he can, in a solu- and we can resell it or we can wait ousness of the problem. tion to the problem. That is the kind of until it matures at face value and get Mr. MCCONNELL. Will the Senator leadership we should expect of both the money back, having bought it at yield for an observation? men, both of whom are Members of this less than face value. Mr. ALEXANDER. Of course. body. I honestly believe, and my guess is— Mr. MCCONNELL. I was listening I can’t emphasize enough how much I and everything is going to be a guess, carefully to Senator GREGG and the believe this situation cries out for but my guess is the cost of this event Senator from Tennessee, Mr. ALEX- measured but urgent reaction, in a bi- will be less—less—than the initial ANDER, and Senator COBURN and I see partisan way, by the Senate. Because, stimulus package which we passed another of my colleagues here, Senator as all the Senators have said, if it were around here, which was $140 billion. DOMENICI. Let me give a real-world ex- Wall Street, we could leave them to That is a guess. ample from my State, information just pick themselves up. But we are talking Mr. ALEXANDER. Mr. President, received. Here is what this particular about whether you can get a student whatever the cost is, I do not want to company experienced today. loan, whether you can get a car loan,

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.054 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9386 CONGRESSIONAL RECORD — SENATE September 24, 2008 whether you can get an auto loan, pression in this country and the de- As far as a bailout, this has nothing to whether your money market account is pressions that have happened in other do with Wall Street. The credit market safe, and whether you have any money countries. I think we should listen to of the United States, that which makes on the block. That is the potential im- him. money available day by day to the peo- pact of what we are talking about and In a real respect, we have—people ple of our country for any and every- we need, within a few days, to take the may not agree with the situation on thing—their car, the new car they kind of decisive action that builds con- the war in Iraq, but we have General bought, the house they added on to fidence in our country. Petraeus, who was the general who led that they want to pay for—anything I yield the floor. the turnaround, and General Odierno, you want to think of that requires the Mr. DOMENICI. Mr. President, I who was there with them, and it was exchange of money or the payment of wanted to indicate if the minority the A team that was there, and we put something by a check, all of this re- leader chose to speak I will yield now them on the field and they put forward quires liquidity. It requires that money and wait my turn. a plan and the plan worked. move. When money is stopped, the The PRESIDING OFFICER. The Re- I think we have the A team on the whole thing stops. publican leader is recognized. field now in Secretary Paulson and The best that we have in America, Mr. MCCONNELL. In addition to Sen- Chairman Bernanke. I do not like the the two men representing the executive ator DOMENICI, we have the ranking idea of what is being talked about, but branch, I think are as good as we could member of the Joint Economic Com- what they are saying is, if you do not have. They are telling us they have a mittee, I see, standing in the back. If it do this and you leave these credit mar- way to attack that problem and per- is all right with the senior Senator kets locked up or stymied a great deal, haps come out of it without having to from New Mexico, I suggest that Sen- you are going to push this recession, in spend all the money we put up, that we ator BROWNBACK go right ahead. an economy that is soft, into a longer, The PRESIDING OFFICER. The Sen- will let the Treasury Department use ator from Kansas is recognized. deeper recession. This is not the way to try to buy these assets that are Mr. BROWNBACK. I thank my col- any of us wants to go. stopping up things and take them to leagues and the Senator from Ken- I do not know what the plan actually the trust corporation and see what hap- tucky for giving me a couple of min- is that we need to pass. There are some pens over time. utes. The reason I wanted to take that changes I think we need to do in what In the meantime, the money for is we had Chairman Bernanke in front is being proposed, changes that are Americans must be loosened. That is of the Joint Economic Committee this very important for us to do. But the the whole issue. I am glad we are talk- morning for a couple of hours. Chair- option of doing nothing is not an op- ing about it forthrightly and honestly man Bernanke is also not only a stu- tion. That has a huge number of prob- and that each Senator who has spoken dent but a scholar of the Great Depres- lems for Main Street America in the has spoken of the fact that we ought to sion. He has studied this a great deal. I time we are talking about here. I think get this done as soon as possible. Time got to ask a question of him, as several we do not. The option is we have to act is hurting Americans, and the longer other people did as well: When he looks and we have to act right and we need we wait the more difficult it gets for us at this situation, what similarities or to do so quickly so we do not have this to get it done. dissimilarities does he see? further impacting people in a negative I also laud the two candidates for He was very forthcoming with his fashion. President. It is no use running for comments this morning. He said of I thank my colleagues for allowing President of the United States if, when course our financial markets are far me to share that with them. you get there, America has gone bank- more complex now than they were dur- I yield the floor. rupt or is in the middle of a recession ing the period in the 1920s and the The PRESIDING OFFICER. The Sen- so big that it approaches a depression. 1930s. But the same sort of systemic ator from New Mexico. From my vantage point, things are thing that grabbed hold and made that Mr. DOMENICI. Mr. President, first I not going to get better until we do one of the key problems that made the want to say how proud I am to see Sen- something rather extraordinary. Two Great Depression the length of time it ators on the floor, and others I have experts have told us what that is. They was, was the credit markets froze up. spoken to in meetings, speak up on this have a plan. I don’t have a plan. I hope Then they didn’t respond and they issue. I particularly commend the other people don’t have plans. I hope didn’t open up. former chairman of the Budget Com- we build on the plan submitted to us. While the market is far more com- mittee, Senator JUDD GREGG. Senator With that, I will yield the floor. Once plex today and people in the 1920s and GREGG, I was chairman of the com- again, I thank Senators who have had 1930s wouldn’t recognize this financial mittee when the Resolution Trust Cor- the courage and the will to understand market for what it is on its complex- poration—another one of these where a that this is a big American problem re- ities and derivatives and other things, group of banks, called savings and quiring big actors who are not worried they would recognize the feature of loans, were going broke and the Fed- about their reelection but worried market credit freezing. He was all but eral Government had to step in. I recall about America’s future. saying that right now we are in a nega- having gone through what you are I yield the floor. tive growth month or two; it could well going through. What is the real value? The PRESIDING OFFICER. The as- be the quarter we are in. If you do not How much is the real cost? sistant majority leader. unfreeze these credit markets at this I do laud your statesmanship and Mr. DURBIN. Mr. President, late last point in time, you are going to go into your ability to tell it to us the way it night, about 11:30 p.m., I received an e- a lengthier, deeper recession that is is. I thank you for it. I recommend you mail on my BlackBerry from my fellow going to take place because the credit make your expertise available to the Senator from Illinois, Senator OBAMA. is what allows small business to get Senate because this is not a Republican He said he needed to talk to me. I loans to grow and what allows people issue, this is an American issue. The called him this morning, reached him to get student loans to go to college. It facts as you know them are as impor- at about 8 a.m. this morning, and we is what lubricates and lets the system tant to Democrats as they are to us. had a conversation. He said: I am going grow. I commend you for that, and our to call Senator MCCAIN and I am going We are already in a weakened econ- leader, who made a forceful statement to suggest to him that we both come omy. You go ahead and constrict that today that delays are not the order of out with a joint statement saying that credit and then don’t put the mecha- the day, that something must be done. Congress should respond as quickly as nism in place to release and let that I talk of this issue—I have spoken possible to deal with the economic credit flow again, you are going to fur- two times or three times for at least 10 challenges facing the United States ther jam down this economy and you minutes on the issue and never once in and that we should find a solution are going to have a longer term, much those speeches did I mention ‘‘Wall which includes four basic principles: more difficult situation. Street’’ or ‘‘bailout,’’ because I think it makes certain there is transparency This is a guy who is not just a stu- is neither. It has nothing to do with ei- there so we know there are conflicts of dent, he is a scholar on the Great De- ther of those. Wall Street is a location. interest, that they will be dealt with;

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.055 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9387 Make certain you protect the tax- It is a charged political atmosphere. what you will do is bring us together as payers, give a helping hand to the Bringing a Presidential campaign into two bodies to try to solve this extraor- homeowners facing foreclosure, and do this atmosphere is not going to make dinary problem together. something about the issue of executive it easier or more likely that it will I have a lot of people in Tennessee compensation. come to a good ending. who are very frustrated with what has He said: I have said these publicly. I think we need to do this in a happened on Wall Street. I understand Senator MCCAIN has said these pub- thoughtful, quiet, and sensible way. I that frustration. I realize there have licly. I think it would be a healthy think the joint statement by Senator been lots of excesses there that need to thing for the American political scene OBAMA and Senator MCCAIN set the be punished and penalized, but the fact and the economy for us to depoliticize right tone, depoliticizing it at the is that Wall Street is inextricably tied this situation, to take the partisan pol- Presidential level, and now we need to to Main Street. itics out of it, and to issue this joint roll up our sleeves and go to work. I am also getting calls throughout statement. He asked me for my reac- Bringing all of the lights and cameras the State of Tennessee from businesses, tion, and I said I thought it was a good to Capitol Hill, bringing the Presi- from people involved in small busi- idea. dential campaign here is certainly not nesses, people who are involved in At 9 o’clock this morning, Senator going to be the answer. household issues, who are having very OBAMA made that call to Senator I also remember that we have one of difficult issues with getting credit. MCCAIN, and Senator MCCAIN returned the most important events before us So what I would say is, look, I think the call at 12:30, a few hours later. I this Friday night: the first Presidential all of us agree that something needs to think they have issued that statement, campaign debate. I think these debates occur. I think all of us agree that and it is a positive one. It puts in per- will be widely followed by Americans something drastic needs to occur in spective the seriousness of the chal- across the board, who will measure the order to jolt this system. There is a lot lenge we face and establishes core prin- major candidates and make their deci- of debate over what is the right and ciples we should follow to try to re- sions. The American people are enti- wrong thing to do, but I believe we as solve it. tled to that, and we need to move for- a body should be responsible. I believe Other things have happened since. ward to make certain those debates we should come together as two bodies, There has been a suggestion by Senator take place so that at the Presidential with the leadership of both bodies MCCAIN that he is going to suspend his and Vice Presidential level voters can working together to try to get this leg- Presidential campaign and come back take their measure of the candidates. islation right. to Washington. He can make that deci- But now we need to roll up our The hearings that are taking place sion if he chooses to, but I think the sleeves here as Members of Congress today in the House have been most il- honest answer is, he will be bringing and the Senate and work to find this luminating. The 5-hour session we had the Presidential campaign with him to bipartisan answer. I hope we can do yesterday in Banking was most illu- Washington. I am not sure that is that, and I hope we follow the four minating. Most of us have been able to going to help create a positive bipar- principles which Senator MCCAIN and spend time with Chairman Bernanke tisan or nonpartisan atmosphere to Senator OBAMA announced today. and Secretary Paulson to talk through solve the problem. f this issue. I think we understand what faces us One of the responsibilities and privi- here, the challenges we face. I think we ORDER FOR RECESS leges we have here in the Senate is also understand that it is best for us to Mr. DURBIN. Mr. President, I ask that we have access to information meet in serious—maybe even behind unanimous consent that the Senate re- most people throughout the country do doors—closed-door meetings, and come cess at 4:45 p.m. today subject to the not have access to. People ask us to up with a plan that is bipartisan, that call of the Chair. make judgments, to use the wisdom we the administration agrees with and a The PRESIDING OFFICER. Without garner from talking to these people to majority in Congress will agree with on objection, it is so ordered. try to do the right thing for our coun- a bipartisan basis. I think we should go The Senator from Tennessee is recog- try, and I hope that sometime between forward. nized. now and Sunday we will come together, During the course of the last state- f solve this problem, do so in a way that ment by several of my Republican col- is prudent for our country, that pro- WORKING TOGETHER leagues, two of them came over to say tects our taxpayers but at the same to me: This really isn’t political; we Mr. CORKER. I would like to follow time causes the financial system in our really think we need to work to find a on with the assistant majority leader’s country to operate as it should. solution. I couldn’t agree more. We comments and say that I agree that we I want to mention one other thing. If need to work to find a solution, and a need to gather to solve this problem. we do this correctly, which is what I good one. And I sense, from the administration have been trying to encourage—I know Let’s remember where we are. It and in 5 hours of banking hearings yes- the President has done the same thing hasn’t been 72 hours since we have seen terday and phone conversations I have in hearings yesterday—if we do this the administration’s proposal giving had throughout the evening last night correctly, the money, whatever money the Secretary of the Treasury $700 bil- and today, I sense a willingness to that is expended, is actually something lion—more money than ever allocated alter the plan in such a manner that that is an investment. These securities in the history of our Republic—with accountability, that those kinds of Secretary Paulson is talking about in- virtually no strings attached. There things, oversight and other matters we vesting in have a market value. If they are many of us who think we need to be want to address are addressed. can set up a mechanism to buy these at more careful—we need to be decisive, What I would say to the assistant proper value, the taxpayers will, in but we need to be thoughtful as well. I majority leader and to others who fact, have a return. heard Senator DODD, as chairman of want to see something happen is, let’s I believe that whatever we do is not the Banking Committee, say: Speed is work through the weekend. Let’s not going to be 100 percent correct. We will important, but getting it right is more have some artificial deadline of leaving make mistakes. We will look back on important. And I think he is correct. here Friday until we get it right. whatever it is we pass in the next week We need to stick with this, roll our I think there has to be a structure or so and we will realize we had some sleeves up, and try to find an answer. that comes together very soon that al- issues that were not dealt with prop- I will tell you, we do it in a very lows both the House and the Senate to erly. But I do think it is incumbent highly charged political atmosphere. I be negotiating together. I think the upon us to work until this is done. have spoken to my colleagues, Demo- worst that could come out would be for I think the markets are watching us. crats and Republicans, whose e-mail one body to send to another body a I think actually that while we might and phone responses to the bailout pro- message and then that be the vote. The have taken another week or two to posal Secretary Paulson has brought assistant majority leader and others solve this problem, an artificial line forward are overwhelmingly negative. who are in the leadership here, I hope has been drawn in the sand for this

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.059 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9388 CONGRESSIONAL RECORD — SENATE September 24, 2008 weekend because the markets now ex- in particular I want to mention his ing. Many of them brought a true spirit pect us to do something. And I want to work on the mental health parity ini- of bipartisanship and working to- say to the assistant leader, to our mi- tiative which would not have happened gether, which is worthy of the emu- nority leader, and to others who have without his leadership. We were suc- lation of many Members of the Senate been on the floor that I certainly stand cessful in getting mental health parity who will serve in this Chamber in the ready and available to work with oth- in legislation we passed in the Senate next Congress and in many Congresses ers, to work with people on both sides yesterday, and it was in large part be- to come. of the aisle and in both bodies to make cause of his passion and willingness to I yield the floor. sure we solve this problem, we solve it work hard on a bipartisan basis to The PRESIDING OFFICER. The Sen- prudently, and we do so in a timeframe bring people together to help create ator from Hawaii is recognized. that allows our financial markets to that achievement. f get back to somewhat normal oper- I want to say a word about my very UNANIMOUS-CONSENT REQUEST— ations as soon as possible. good friend, Senator JOHN WARNER of S. 1315 I yield the floor. Virginia. I often call him Moses be- Mr. AKAKA. Mr. President, I suggest cause, as we have debated on the floor Mr. AKAKA. Mr. President, I ask the absence of a quorum. of the Senate over the last several unanimous consent that the Chair lay The PRESIDING OFFICER. The years on one of the major issues of our before the Senate a message from the clerk will call the roll. time, the issue of war and peace and House on S. 1315, the Veterans Benefits The assistant legislative clerk pro- how we create a framework for a more Enhancement Act; that the Senate dis- ceeded to call the roll. peaceful world for our generation and agree with the House amendment, re- Mr. SALAZAR. Mr. President, I ask those to come, it has often been Sen- quest a conference with the House on unanimous consent that the order for ator WARNER we have gone to to get di- the disagreeing votes of the two the quorum call be rescinded. rection and counsel on how we might Houses, and the Chair be authorized to The PRESIDING OFFICER. Without move forward. I had the opportunity of appoint conferees on the part of the objection, it is so ordered. traveling with him to Iraq and Afghan- Senate. istan and other places along with his f The PRESIDING OFFICER. Is there very good friend, CARL LEVIN, chair- objection? TRIBUTE TO RETIRING SENATORS man of the Armed Services Committee. The Senator from North Carolina. Mr. SALAZAR. Mr. President, I wish The friendship between the two of Mr. BURR. Reserving the right to ob- to make a few comments about some of them, between Senator LEVIN and Sen- ject, I ask my distinguished friend, the our departing colleagues who will not ator WARNER, is one that exemplifies chairman, a question. It is my under- be joining us for the next session of the types of relationships that are im- standing that included in the fiscal Congress. They are great colleagues, portant for this Chamber and for the year 2009 VA appropriations conference people whom I have enjoyed working good of America. I will miss my good agreement is language denying the use friend, Senator JOHN WARNER, the man with in my 31⁄2 years here in the Sen- of appropriated dollars putting into ef- I call Moses, because of his willingness ate. They include Senator ALLARD from fect a repeal of the Hartness v. Nichol- to try to bring people together to try Colorado, Senator PETE DOMENICI from son decision. That is an agreement to resolve major and difficult issues New Mexico, Senator JOHN WARNER that has already been made. that face us in America. from Virginia, Senator CHUCK HAGEL As the chairman knows, this is the Senator CHUCK HAGEL from Nebraska from Nebraska, and Senator LARRY offset that is used in S. 1315 in order to has likewise been one of those voices of CRAIG from Idaho. fund all the entitlement spending in independence, putting public purpose A quick word first about my col- the bill for Filipino veterans. My ques- above partisanship and being a great league and the senior Senator from tion to him is, what is the point in us example for all of us in doing so. He Colorado, Mr. WAYNE ALLARD. He has going to conference on a bill if the only has some deep connections in Colorado, served the State of Colorado with dis- including his sister Claire who lives in available offsets have been pulled off tinction. In the days before he came to Colorado, and his family whom I have the table from the standpoint of us the Senate, now almost 12 years ago, met over time. Even though he teases using them in S. 1315? he also served the people of the State me occasionally on the battleground Mr. AKAKA. As my friend and col- of Colorado in the general assembly. I between Nebraska and Colorado with league knows, the appropriations meas- had the opportunity then to watch him respect to the Nebraska Cornhuskers ure is not yet law. And even if it were, work on matters ranging from edu- and the University of Colorado Buf- there are various options available to cation to protecting-the-water issues faloes, he has done a remarkable serv- the Veterans’ Affairs Committee. So I in the State of Colorado. I know well ice in the Senate as a great Senator urge my colleague to join me in seek- that he has been a strong voice for the and someone whom I will sorely miss. ing a conference on S. 1315. Together State of Colorado and know that his Finally, Senator LARRY CRAIG from we can decide how our committee and services here, including the services of Idaho has been a champion for agri- the authorizing committee in the his acting as a veterinarian for col- culture and rural issues and for west- House can deal with the concern about leagues like Senator KENNEDY and his ern values. When, yesterday, we were the Hartness case. dogs, are something that will be able to pass the payment in lieu of Mr. BURR. Continuing my reserva- missed. I have enjoyed very much the taxes, secure rural schools act, on tion of objection, it seems to me that time I have spent working with him on which Senator WYDEN and others had any conference wouldn’t move because matters of mutual and common inter- worked so hard, it was Senator CRAIG it would not meet pay-go. The pay-go est to the State of Colorado. I wish him who helped make sure at the beginning compliance doesn’t exist. It doesn’t well. that payment in lieu of taxes, which is make sense to proceed to a conference. PETE DOMENICI from New Mexico, the so important to the Presiding Officer’s The chairman and I had a lengthy de- senior Senator from New Mexico, is one State and my State of Colorado, were, bate as it related to this benefit. It dis- of the Senators here who comes from in fact, on the radar screen of Wash- turbs me that we are on the floor of the the same place my family came from ington, DC. Sometimes those issues Senate once again talking about the many generations ago. that are unique to the western part of benefit at a time when we are talking His constant reminding me of the the United States are not heard in the about a financial crisis. It is also my beauty of the Land of Enchantment Halls in this Capitol. Senator CRAIG understanding that the House con- and his work on behalf of securing an was an unrelenting advocate for mak- tinuing resolution will have $200 mil- energy future for America is second to ing sure those western issues were, in lion that goes to the benefits of Fili- none. We will be missing him also in fact, not forgotten by those of us who pino veterans with money that has terms of his major contributions to the are here who have an ability to cast a been pulled from somewhere yet un- Energy Committee. He also has done a vote. known. lot with respect to a whole host of I will miss my five colleagues. All of So with all the respect that I have other issues, too many to mention, but them are Republicans who are depart- for the chairman, I object at this time

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.059 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9389 to moving to conference for the simple veterans are simply not fairly describ- RECESS SUBJECT TO THE CALL OF reason that this issue will be resolved a ing the legislation. The Hartness deci- THE CHAIR different way, but, more importantly, sion is wrong and should be overturned. The PRESIDING OFFICER. Under pertinent to S. 1315 the mechanism is How the savings of that action are the previous order, the Senate stands already in place that takes away the treated is a fair subject for debate, and in recess until the call of the Chair. funds that are used to fund this expan- I believe we should have that discus- Thereupon, the Senate, at 4:45 p.m., sion in S. 1315. sion in the context of a conference be- recessed subject to the call of the Chair The PRESIDING OFFICER. Objec- tween the two Veterans’ Affairs Com- and reassembled at 8:48 p.m. when tion is heard. mittees. I again ask, as I did last week, called to order by the Presiding Officer The Senator from Hawaii. that the Senator, or Senators, who ob- (Ms. CANTWELL). Mr. AKAKA. Mr. President, I am dis- ject to this request to set up a con- f appointed and somewhat surprised that ference with the House advise me of objection has been made on this mo- the concerns and see if it might be pos- HONORING RALPH ROSE tion. I must tell my colleagues that I sible to find a way forward. I am very Mr. MCCONNELL. Madam President, have deep respect for my friend and committed to this legislation and I would like to take a moment to rec- colleague and my ranking member. I would like to see if we can reach final ognize one of our Nation’s heroes from respectfully say that this objection is action before we recess. If we are not World War II. I am proud to say that he one that disappoints me, but it has able to do so, I intend to renew my ef- is a resident of my home State of Ken- been made to this motion. The intent forts in the next Congress. tucky. His name is Ralph Rose. Mr. of the motion is to create a mechanism I yield the floor. Rose is being honored in a Veterans by which there might be further action The PRESIDING OFFICER. The Sen- Day ceremony in Hardinsburg, KY, this on this very important veterans legis- ator from North Carolina. November for his heroic action in de- lation before the Congress goes into re- Mr. BURR. Mr. President, I thank my fense of our Nation and for his contin- cess. friend, the chairman of the Veterans’ ued service to veterans in the local Last week, when I sought a UC with Affairs Committee. Let me add for pur- community. reference to this legislation, I did so by poses of my colleagues that all the ben- Mr. Rose was born in Mystic, KY, in seeking to utilize an unrelated House efits incorporated in S. 1315 that do not 1922. He entered the U.S. military at bill as a vehicle to create a conference. have mandatory spending implications age 20. During his time in the Armed In objecting to that approach, the Sen- have been negotiated between the Forces, Mr. Rose served in General ator from Idaho said my approach was House and the Senate and are part of Patton’s Army and fought the Germans a tactic he hoped we would not use to another benefits package that I hope in France. But on a fateful night, Mr. address this important issue. He ob- will move through the Congress. If Rose and several of his fellow soldiers jected. While I did not agree that this there were a conference on S. 1315, the were captured by Axis forces. He was tactic was inappropriate, given the conference would be about only manda- held as a prisoner of war for more than lack of action in the House on S. 1315 tory spending provisions, including 8 months until the Allies occupied Mu- at the time, I recognized the merits of mandatory spending for Filipino vet- nich. the Senator’s position. erans. The chairman and I have de- Mr. Rose suffered unimaginable hard- Now, however, the motion is to use bated this in public, and we are on two ships at the hands of the enemy, but by the same bill, S. 1315, as passed by both different ends. We have done that with all accounts, he does not dwell on Houses. That is, in fact, the normal civility and I have tried to do it and he them. In fact, he has said that if given process, the regular order for resolving has tried to do it with passion and with the choice to serve in the Army again— even knowing what he would have to differences between the Houses. I ad- facts. dressed the Senator’s concerns and am At the end of the day, I will lose. endure as a prisoner of war—he would disappointed to see his Republican col- There will be a special pension that is have done the same thing. As a true testament to his dedication league objecting. I wish to remind my created out of the continuing resolu- to the Armed Forces, Mr. Rose con- colleagues this bill passed the Senate tion. It will be funded with money that tinues to serve his country by helping by a vote of 96 to 1. Surely there must is pulled out of the sky, which we do and inspiring other veterans in the be some willingness to stand by the regularly in Washington. Commonwealth. Senate position, to validate the Sen- The House has spoken about the There is a special flag that honors ate’s action. Hartness decision and the fact that our American heroes like Mr. Rose. It As I noted last week, this bill would they did not want to use that money. I is called the Prisoner of War/Missing in improve benefits and services for vet- think my chairman will get the benefit Action flag, and it has a simple state- erans, both young and old. There are he is looking for in the continuing res- ment at the bottom: ‘‘You are not for- many provisions that address a broad olution. But for the purposes of those gotten.’’ Just as surely as that flag sits range of veterans benefits. This bill de- things that affect our veterans that do outside my office each day, I can guar- serves to be resolved and brought to a not require an offset, we did not wait antee you that those whose lives have final vote. I realize there is some oppo- to see the outcome of this bill. We have been touched by Mr. Rose will never sition to the provision which allows sat down and negotiated with the forget the sacrifices he made to keep this legislation to meet pay-go require- House Veterans’ Affairs Committee, our Nation free and prosperous. ments through the legislative reversal Republican and Democrat. We have put f of a case known as Hartness. those additional benefits for our vet- According to the one veterans orga- erans into a benefits package that I HONORING THE 3RD BATTALION, nization that has expressed its opposi- feel certain will pass by unanimous 320TH FIELD ARTILLERY REGI- tion, the concern is not over the merits consent. MENT of the court decision. They simply op- So there is still a disagreement the Mr. MCCONNELL. Madam President, pose this effort to correct a mistake. chairman and I have relative to this I would like to take a brief moment to The court’s decision resulted in vet- new special pension. But at the end of recognize the men and women of the erans receiving an extra pension ben- the day, there will be one, assuming 3rd Battalion, 320th Field Artillery efit based solely on their age. This is there is a continuing resolution, that is Regiment and its subordinate units. not what Congress intended. I have not passed. It will not be funded out of the The battalion has been assigned to seen any analysis of the legislative his- Hartness, which is the preference of the Fort Campbell since 1986. Since then, it tory that supports that result. House. As a matter of fact, it will not has been deployed in support of various The purpose of the provision in S. be funded at all. We will pull it out of military operations around the world— 1315 is simply to restore the law to where we typically pull money, and including its current mission in sup- what it was supposed to be. Those who that is the pockets of future genera- port of the global war on terror. have characterized it as an attempt to tions of American people. In November, the members of the 3rd withdraw benefits from deserving vet- I thank the Presiding Officer and Battalion, 320th Field Artillery will re- erans and grant them to undeserving yield the floor. turn home to Fort Campbell, to their

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.062 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9390 CONGRESSIONAL RECORD — SENATE September 24, 2008 eager families and to a grateful Nation Samuel Elijah Miles, Jr.; Ssg Michael Sfc Ronald Leon Davis; Ssg Shawn Charles after 15 long months in Iraq. During Brendan Moriarty; Pfc Clayne Conally Moss; Denehy; Pfc William Timothy Downey; Sgt their deployment, these brave Ameri- Cpt Brian Everett Murphy. Daniel Terrence Dyer; Pfc Daniel Joseph Cpt Benjamin Eric Neusse; Pfc Michael Ed- Feldewerth II; 1Lt James H. Flaherty; Spc cans fought our enemies in one of the ward Oberkrom; Pfc David Eduardo Parra; James Gerome Ford; Ssg Sean Edward Galla- most dangerous sectors of southern Pfc Nicholas Andrew Partida; Sgt Jesse Rob- gher; Sgt Matthew Paul Garrison; Spc Chris- Baghdad. They also spent months ert Patterson; Sgt Nathaniel Norman Patter- topher Thomas Gidley; Cpt Thomas Allen training their Iraqi Army counterparts son; Ssg Christopher Lee Pelfrey; Spc Regi- Goettke; Sgt Leonardo Salvador Gonzales; so that one day Iraq may be able to nald Lamarc Pendergrass; Pv2 John Michael Pfc Rodney Glenn Harsh II; Sgt Jeffrey Lyn enjoy the same security we have here Phillips; Sgt Kurt Glenn Pittman; Spc John Jarchow. Albert Pollock, Jr.; Sgt Jonathan Thomas Pfc Richard Ellis Kirkland; Spc Nathan at home. Daniel Krueger; Sgt Joseph Eugene Lambert; Freedom is something many of us Porter; Cpt Christopher Michae Prevette; Ssg Tony Van Quach; Cpt Rimas A. Radzius; Sfc Robert Paul Lee; Pfc Eric Ernesto Lopez; take for granted. Not so for the mem- Sfc Scott Anthony Ramsdell; Sfc Franklyn 1Sg Randal Morris Lovelace; Spc Lucas Rich- bers of the 3rd Battalion, 320th Field Roy Richards; Pfc Maxwell Adamdavid ard Loxley; Sgt Danny Lee Lujan; Spc Bakar Artillery, who have defended freedom Rockwell; Ssg Jorge Luis Rodriguezramirez; Malek; Cpt Masood Manasia; Sgt Gonzalo by enduring great hardship. The same Sgt Alexander Dustin Rudasi. Manriquez, Jr.; Spc Christopher Ray Mayes; is true of their families, who have also Cpt Brandon Douglas Rumbelow; Ssg Bran- Ssg William Keith McCabe, Jr.; Sgt Joseph don Michael Sanders; Spc Daniel Laron Karl McRorie; Pfc Albert Mendoza; Spc sacrificed for freedom with sleepless Trevor Eugene Michling; Spc Steven Robert nights and fear for the safety of their Saunders; Ssg Gregory Nichola Scarborough; Cpt Dwight Robert Smithbarrow; Ssg John Miller; Sgt Abel Montelongo; Ssg Douglas loved ones. As Americans, we are for- Mark Springer; Pfc Alexander Phillip Stew- Fernando Morales; Sgt Shawn Gregory ever indebted to those in the military art; Spc Leo Franklin Stewart; Pfc Steven Moyer. community who have given so much to Andrew Stillwell; Sfc Patrick Byron Stivers; Spc Caleb Crawford Murphy; Pfc Cory protect our liberty and our way of life. Sgt Craig Michael Storkamp; Pfc Zachary Jason Muzzy; Spc Jason Scott Nance; Spc I ask my colleagues to join me in Allen Suarez; Spc Chee Fong Tam; Spc Jeff- Enrique Naranjo Navarro; Ssg Jonathan Pat- rick O’Dell; Spc Kenneth Wayne Parker; Sfc thanking the men and women of the ery Lewis Tanner; 1Lt Daniel H. Tenhagen; Sfc Bryan Lee Thomas; Cpt Benjamin Law- Stephen Eugene Peacock; Spc Charles Aaron 3rd Battalion, 320th Field Artillery for Pennington; Cpt Evan T. Perperis; Spc their heroic service and in welcoming rence Torpy; Pfc Matthew Nicholas Tracy; 1Sg Edward John Tushar, Jr.; Ssg David Devon J. Perry; Ssg Jeffery Edward Petsch; them back home. Garth Vankuren. Spc Kevin Thomas Polen; Ssg Mario Ray I also ask unanimous consent to have Sgt Ranfly Vazquez; Pfc Steven Michael Rauch; Spc Guy Anthony Reeve, Jr.; Sgt the names of these brave Americans Vazquez; Sgt Rogelio Velazquez, Jr.; Msg Llyas Tamir Ross; Sgt Travis James Ruble; printed in the RECORD. Steven Robert Veteto; Spc Catarino Alexand Ssg Jeremy Craig Rutledge; Ssg Eric Sand- There being no objection, the mate- Villanueva; Sgt Matthew Alan Wacholtz; Spc ers; Ssg Michael Shawn Sculley; Spc Keun Kevin Dwayne Walker; Csm Mike Wayne Hoo Seo. rial was ordered to be printed in the Pfc Scott Allen Sheehan; Sgt Albert Josh- RECORD, as follows: Watkins; Spc Frank Epine Wilson; Pfc Jo- seph Lee Wright; Ltc William Hill Zemp; Sgt ua Shy; Ssg Justin Thomas Silvers; Pfc Sgt Shane Michael Adams; 1Lt Nicholas Enrique Zuniga, Jr.; Spc Nathaniel Jay Christopher Ray Simmons; Spc Brian Spisso, Lawrence Albright; Sfc Bradley William Badders; Pfc Daniel Brian Bates; Sgt Joseph Jr.; Spc Cody Dewayen Terry; Spc Tuan Q. Thai; Spc Duong Thien Tran; Sgt Forrest Amstutz; Sfc Michael David Andrews; Spc Dowling Beck; Sgt James Aldo Benozich; Sgt Vaughn Chad Uribe; Spc Gregory Scott Harold Gene Barnes III; Spc Robert Carlton Erwin Eduardo Beroncal; Ssg Nathaniel Vogel; Spc John Charles Vogt; Pfc Beardsley; Ssg Philip John Belmont; Sgt Jamal Blizzard; Sfc Robert Patrick Brady; Khristopher Matthew Wallace; Spc Pierce David Frank Benoit, Jr.; Sfc Shaun Edward Spc Daniel Parker Brooks. Benoit; Maj Carl Lawrence Bergmann; Pfc Sgt Rickey Donele Bynum, Jr.; Sgt Marco Allen Wickens; Sgt Garett Michael Williams; Joshua Keith Brakefield; Sgt Robert James Antonio Canaza; Sgt Mario Rafa Ssg Justin Thomas Wise; Cpt Dennis James Bronson; Sgt James Deon Brown; Ssg Marco Castillomartinez; Pfc Mark Alan Crisler; Sgt Call II; Spc Andres Alberto Enriquez; Pfc Maurice Brown; Cpl Jeremy Thomas Burch; Rodney Lee Crisp; Spc Robert Allen Davis; David Lee Harrell; 1Lt Jason Allen Potter; Pfc John Robert Ainsworth. Spc Steven Henry Burtis; Cpt Jose F. Cpt Michael Thomas Denison; Sgt Daniel Sgt Gary Don Alexander; Ssg Shawn Mi- Cepedaramos; Sfc Donald Ross Chambers, Garcia; Pfc Adrian Mathew Gonzalez; 1Lt Jr.; Ssg Jervey Ismail Chisholm, Jr.; Sgt chael Arthur; Ssg Issac Dywayne Barnes; Pfc Bronson J. Hayes; Spc Ryan Francis Mat- Dorian Antonio Barraza; Ssg Craig Allen Christian Clermont. thew Hill; Pfc Tony Lee Hinkle; Sfc Kenneth Sgt William Russell Cox III; Pfc Alex Basso; 1Lt Ronald Andrew Bates; Pfc Derek Ray Hipes; Spc Matthew Stewart Hirschman; Lee Billmire; Sgt Jason Paul Bones; Pfc An- Bryan Craig; Sgt Carlos Rosheen Davis; Spc Spc Ronald Joseph Holland; Spc Brentoin Omar Balero de Soto; Sfc Jose Angel thony M. Bunton; Spc Valentin Angel Andrew Huhn; Sfc James Edward Jorgensen; Bustos; Sfc Keith Calloway; Sgt Joe Carlton; DeLeon; Pfc Seth Francis Duke; Spc Chris- Cpt Robert Shane King; Sgt Stephen Jarod topher James Dunn; Ssg Rafael A. Sfc Clarence Ernest Carson, III; Pv1 Jeffrey Laeger; Spc Timothy Lee Lancello. David Case; Sgt Carlos Rafael Castaner; Pfc Echevarriacosme; Sfc Jerald Keith Ernest; Spc Hector Manuel Lugo; Ssg James Eu- Gregorio Contrerasrodrigez; Pfc Michael Sgt Matthew Jude Falanga; Pfc Christian gene Lutz; Sgt Ian Stanley Neil MacNeil; Sgt Lee Feist; Sgt Gary Albert Ferrell; Pfc Josh- David Councilman; Pv2 Matthew K. Covert; Tommy Glen McElwrath, Jr.; Spc Nicholas Spc Dakota Carrington Crider; Ssg Anthony ua Ray Flenoid; Spc Jose Francisco Fonseca; Miller; Spc Ismael Dejesus Pagan; Pfc Cody Spc Donavon Taylor Fox; Sgt Peterson Mar- Derell Crutch. James Payovich; Spc Daniel Leon Petterson; Pv1 Stephen Eric Davidson; Spc Bradley shall Gangwer; Spc Maurice Jerome Gilliard; Spc Adam Charles Planner; Spc Michael Wayne Davis; Ssg Joshua Gary Dillard; Sgt Sgt Erik Omar Gomez; Pfc Jesus Leopo Christophera Pruitt; Spc Darryell Wayne Clinton Eric Douglas; Pfc Charley Eugene Gonzalezcorella; Sfc Jeffrey Lee Goulet. Rash; Sgt Jason Scott Reese; Ssg Philip Lee Etchieson, III; Cpt Michael E. Fisher; Sfc Spc Travis Martin Greene; Spc Jarod Schoenauer; Spc Gerald Alan Smith; Ssg Amara Fofana; Spc Ian Allen Gallagher; Wayne Grimes; Msg Richard Eric Harbor; Aaron David Snyder; Ssg Charles Derrick Spc Manuel Antonio Gamero, Jr.; Sgt Mel- Pv2 Joshua Evan Hardy; Sgt Michael Ray Spires; Sgt John Matthew Taylor; Spc Ran- ville Vaughn Gibbs; Sfc Vincent Gines; Sgt Hawk; Pfc Jeffery Daniel Haynes; Spc dall James Thompson; Sgt Joel Lucas Philip Henry Goldsberry; Cpt Manuel Gon- Germaine Adam Haywood; Spc Colton Lee Trainor; Sfc Jorge Leonardo Vera. zalez; Sgt William Norris Hamby; Sgt Bobby Helps; Sgt Donald August Henggeler; Sgt An- Ssg Robert Prentice Waller; Sgt Martin Ray Harrington, Jr.; Cpt Edward Nazario drew Joseph Hershey; Sgt Jonathan Paul Fallon Young; Pfc Jeremy Seth Ables; Sgt Harrison; Spc Raythan Darnell Henderson; Hess; Sfc Zackery Devele Hicks; Sgt Steve Jacob Brandonkeith Abrams; Sgt Chris- Sgt Jose Alfredo Herrera; Ssg Cornelius Joel Holiskey, Jr.; Cpt Michael J. Horne; Cpt topher Micheal Ardley; Sgt Christopher Lee James Hodges; Sgt William Andrew Housley. David Arthur Howald; Ssg Daniel Howell Armstrong; Ssg Ernest Alexander Arocha; Ssg Alvin York Howard, Jr.; Sgt Aaron Mi- Howard; Sgt Brandon Tyrone Howell; Spc Spc Christopher Otto Bacon; Spc Joel Chris- chael Hrdlicka; Sgt Jacob Alan Ingbritsen; Jeremy Isaac; Sfc Michael Dale Jenkins; Sgt topher Baker; Spc Joseph Jacob Balbach; Sgt Spc Joseph Swiney Jackson; Ssg Joshua John Robert Logan Jones. Randy Lane Barber; Ssg Tony Patrick Isaac Johnson; Sgt Robert James Karcz; Ssg Pfc Rajan Karki; Sgt Michael Benjamin Barefield, Jr.; Pfc James Dixon Barton II; Jeffrey Harold Kling; Pfc Jeffery Michael Kaufman; Ssg Brent Alan Keeton; Maj Rich- 2Lt Robert G. Becotte; Pfc John Jeremiah Kreamer; Sgt Zachary Joseph Lance; Sgt Mi- ard Robert Kelling; Pv2 Louis Eugene Bettis; 1Lt David K. Bhatta; Sgt Michael chael Scott Larew; Pv1 Darrin Douglas Kohler; Cpt Jeffrey S. Kudary; Spc James Alan Blackert; Spc John Bartholomew Levitan; Spc Ruben Wong Marin; Pfc Frank- Joseph Larocco; Sgt Jun Wai Lee; Spc Mi- Bonney; Sfc James Gregory Brantley; Spc lin Harold Matter; Sgt Christopher Ryan chael David Lee; Sgt Kwisi Wayne Lewis; Brandon Keith Brown. McCallum; Ssg Robert Thomas McDonald; Spc Isaias Lopez; Cw2 Bennett Fielding Love, Sgt Marcus Cyrus Burnette; Pfc Joseph 2LT Patrick M. McNamara; Sgt Dannial Les- Jr.; Sgt Jonathan Machado; Sgt Brandon Anthony Castro; Sgt Jeremy Daniel Chism; ter McNeely; Pfc Bernard Kowel Means, Jr.; Lawrence Maybush; Pfc Michael Patrick Sgt Aaron Len Churchwell; Spc Michael Spc Steven Michael Medeiros, Jr.; Pfc Mi- McNamee; Ssg Adam Terrell Mealor; Spc James Crill; Sgt Patrick O’Brien Cummings; chael David Meyer.

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.042 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9391 SGT Andrew John Moreno; SFC Timothy 2LT Charles Nathan Davis; SPC Kristina Nepal for several years, and have been Allen Morrison; SPC Joe Abel Munoz; SSG Danielle Hilstad. encouraged by the progress that tiny Robert Franklin Nelson, JR.; PFC Allen Mi- f Himalayan country is making to end a chael Odom; SGT William Donald Olli; PFC Javier Ortizrivera; PFC Raymond Andrew TRAUMATIC BRAIN INJURY divisive, bloody conflict and become a more peaceful, just and democratic so- Palmer; PV2 Jacob Edward Peterson; 1LT Mr. MCCONNELL. Madam President, ciety. Michael Robert Podojil; SPC Nathan William as you know, the Defense authorization Possin; PV2 Christopher Chase Pugh; SPC An enormous amount of work re- Aaron Robert Rademacher; SGT Richard bill passed the Senate last week. Like mains to be done, including the writing Austin Raver; CPT Ethan William Richard- many of my colleagues, I filed an of a new constitution, demobilization son; SPC Javier Rivera; SPC Steven James amendment to the legislation, which and reintegration of Maoist combat- Schnabel; SSG Michael Shane Smithee; SGT had been included in the committee ants, restructuring and reform of the John Eugene Sommer, III; PFC Anthony managers’ package. Unfortunately, due Lloyd Stevens. Nepali Army, policies and programs to to procedural matters stemming from address the legacy of discrimination PFC Joshua Alling Stezin; SGT Chris- the Senate majority’s decision to limit against women and minority groups, topher Patrick Stokes; SSG William Eugene amendments, my amendment, No. Stratford; SPC Clifford Lajoil Summers II; programs of assistance for the millions 5415—and many others like it—was not 1LT Lee S. Tilghman; SPC Mark Joseph of impoverished rural Nepali people permitted to move forward. Although Travitz; SPC Francisco Javier Trinidad; 2LT who are illiterate and lack basic serv- my amendment was not able to be con- James Patrick Wade; SGT Travis Wayne ices, and justice for victims of atroc- sidered by the Senate during debate Wagner; SPC Ian Edward Watkins; SSG Pat- ities committed by both sides of the rick Francis White; SGT Deone Lamar over the Defense bill, I nonetheless Whitehead; PFC Robert John Wilsman; SPC conflict. want to bring the issue underlying the As chairman of the State and For- Neil Patrick Woelfel; SGT Peter Ernst amendment to the attention of my col- eign Operations Subcommittee I have Yenter; SPC Peter James Hansen; SGT Jere- leagues. included additional assistance for miah Steven Hatch; SPC Nicholas Ryan Les- My amendment was quite simple. It ter; SPC William Richard Abel II; PFC was a sense of the Senate that stated Nepal, above the amounts requested by Alphonso Ronee Alford. the White House, for these efforts, and CW2 James Darren Allen; SGT Gabriel that funding for Department of Defense programs involving traumatic brain in- I commend the U.S. Ambassador, James Aquilano; PFC David Lee Arnett; SGT Nancy Powell, for the way that she has Brian Nicholas Badamy; CPT Jarrod C. Bai- jury, TBI, and psychological health ley; SGT Mark Angelo Bangcaya; PFC Justin should be included in the President’s represented our country there. The Avery Banks; PFC Irvin Mark Anthony fiscal year 2010 base budget. United States has a strong interest in a Barnett; SPC Andrew William Barone III; Typically, the majority of funding democratic, peaceful Nepal, and al- SGT Matthew Wayne Bonnell; PFC Joel for such programs has been included in though the situation remains fragile Adam Brown; SSG Henry Burden; SGT Keith supplemental appropriations measures. and the future unpredictable, Ambas- Anthony Caldwell; SGT Israel Cantu, Jr.; sador Powell and her staff have worked SGT Miguel Cipres, Jr.; SPC James Ernest The reasoning apparently has been that these programs are a cost of war, hard in an even-handed, diplomatic Clark III; SGT Derek Bernhard Constable; way to help keep the peace process on SGT Joshua Lindsey Cook; SGT Ramon O. and therefore they should be addressed Cresponegron; SPC Jason Tyler Curle. through war supplementals. track. SPC Tristan Davis; CPL Louis Michael But TBI and psychological health I have also urged the leaders of Ne- Duran; SGT Robert Stephen Fornier; PFC issues are problems that have been pal’s political parties, including the Savannah Marie Freeman; 1SG Brian Keith with us for some time and unfortu- Maoists, to put partisan and personal Fryer; 1LT Brian E. Gavazzi; PFC Chris- nately are going to be with us for the interests aside for the greater good of topher Larry Gonzales; SFC Emma Grau; their country at this critical time in SPC Nathaniel Steven Gray; SPC John Ed- foreseeable future. Military personnel often experience Nepal’s history. For too long, politics ward Green IV; PFC Tiffany Danielle Ham- in Nepal have been equated with cro- monds; SGT Marcus Dewayne Holder; SGT health difficulties owing to TBI and Rodney Holland; PFC Steven Anthony Hoo- psychological injuries long after their nyism, corruption and neglect. The Ne- ver; SPC Shane Patrick Jauck; PFC Bryan combat tour has been completed. More- pali people who courageously took to Glynn Kelly; SPC Justin Wayne Keys; CPL over, it has been reported that as many the streets and risked their lives—some Christopher Craig Land; SPC Davis Pallyn as one in five military personnel re- of whom lost their lives—to oust an Laureta; PFC Thomas Lee. turning from Afghanistan and Iraq will abusive monarch, deserve a govern- SGT Jonathan Matthew Lehman; CPT ment that represents them and works Charles David Lewis; SGT Raymond Liddell, suffer from TBI. That is a significant percentage of our military, There are to address their needs. Jr.; SPC David Raymond Lopez; PFC Bran- There are three specific issues I want don Rainer Mackey; PFC Christopher Scott currently nearly 3,000 brave Kentuck- Mattingly; SGT Michael Reid McCloskey, ians deployed in the war on terror. Ac- to mention briefly today. The first is Jr.; SGT Matthew Linden McGraw; PFC cording to these projections, close to the treatment of Tibetan refugees in Javier Apolonio Medina; SGT Isaiah Mat- 600 of these brave men and women will Nepal. There are disturbing reports thew Melendez; SPC Shannon Lee Melendez; suffer from TBI. That figure does not that the Nepali Government is taking SPC Michael Robert Menrath, Jr.; SPC even include those who have already steps to forcibly return to China, in Temukisa Shantel Mewhort; SSG Ricardo violation of international law, Tibetan Levette Monroe; SGT John Joseph returned from theater. Considering the long-term health exiles in Nepal, presumably in an effort Mutnansky; SGT George Eugene Myers; SSG to curry favor with the Chinese Gov- Jim Jay Nance; SPC Jeremy Gregg ramifications of TBI and the large Nichelson; SGT Victor Dewayne Odom; SGT number of military personnel who will ernment. These people have risked Joseph Stephen Opyt. face these challenges, it seems to me their lives to escape Chinese repres- SGT Jennifer L. Ortizchajon; SFC Marco that this reality ought to be reflected sion, and in the past the Nepali Gov- Antonio Parris; CPL Hrair Petrosyan; SPC in DOD’s long-term baseline budgeting ernment has, with rare exceptions, pro- Justin William Phillips; SGT Steven Allen rather than through ad hoc vided them refuge. The Nepali Govern- Pigg; PFC James Christopher J. Quesada; supplementals. ment has a legal and moral responsi- SFC Alfredo Quintero; SSG Brian Keith Rey- bility to continue to respect the rights nolds; SPC Michael James Roberts; SGT My amendment would have put the Ryan Christopher Ronning; SPC Andrew Senate on record as stating that TBI of Tibetan refugees, and this is an issue Charles Ruelle; SPC Tyrone Robert Ruffin; and psychological health issues reflect that the United States and others will SFC Brian Keith Sanders; SSG Daniel a long-term budget priority for our Na- be watching closely. Sartor; SGT David Anthony Schumaker; PV2 tion and should be considered as part of The second issue is justice, which is Antonio Carlos Sellers; SSG Kyle Patrick the regular order. I believe we owe the fundamental to any democratic soci- Shook; SGT Chase Michael Smagala; SPC brave men and women of our military ety, and that means an independent ju- Brian Dee Smith; SPC Maurice Alexander no less. diciary and the rule of law. In Nepal, Taylor. government officials who abuse their SPC Timothy Lee Vanburen, Jr.; SSG f authority have too often escaped jus- Lewis Theodore Vann; SGT Justin Alan NEPAL Walker; SPC Dustin Phillip Wilburn; SSG tice. Impunity has been the rule, in- Patrick Kenneth Young; SGT Rachel Louise Mr. LEAHY. Madam President, I cluding for members of the Nepali Ackerman; SPC Lorelei Leigh Corominas; have closely followed developments in Army and Maoist forces.

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.044 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9392 CONGRESSIONAL RECORD — SENATE September 24, 2008 Recently, the Advocacy Forum and Vigorously investigate and prosecute all International Development, and the Human Rights Watch jointly published persons responsible for abuses, including Department of Justice. I explained to a report entitled ‘‘Waiting for Justice: members of the security forces, in the 49 FIR the group my interest in learning Unpunished Crimes from Nepal’s cases highlighted in this report, as well as about current efforts to combat drug other cases of human rights violations. Armed Conflict.’’ The report describes Suspend all security forces personnel trafficking and the attendant violence the impunity that continues to shield named in the 49 FIRs, or in other com- in Mexico and the extent to which U.S. those who have been credibly alleged to plaints, against whom there is prima facie aid can be of assistance in tackling have violated human rights. The report evidence of criminal activity until the inves- these problems. In particular, I in- includes a number of recommendations tigations and any prosecutions are complete. quired about the likely impact of the for the Nepali Government to ensure Reform the criminal justice system, in- Merida Initiative, a multiyear proposal that the perpetrators of these heinous cluding by reviewing the role of the Nepal to provide funding to Latin American crimes are brought to justice. I urge Police and Attorney General’s Office to im- countries to support counternarcotics, the Nepali authorities to study the re- prove their effectiveness in investigations of serious crimes. counterterrorism, and border security port and implement its recommenda- Criminalize ‘‘disappearances’’ and tor- efforts, as well as programs designed to tions. For the rule of law to prevail in ture—whether committed by the security build accountable public institutions Nepal, it must be demonstrated that forces, Maoists or other actors—and ensure and ensure the rule of law. Earlier this human rights crimes are investigated these offenses when committed by the army year Congress approved the initial sum and prosecuted and that no one is will be subject to investigation and prosecu- of $400 million for Mexico and $65 mil- above the law. tion by civilian authorities and courts. lion for Central America, the Domini- Finally, I want to mention the issue Amend the Police Act, Army Act, and Pub- can Republic, and Haiti. Finally, I of the implementation of the Leahy lic Security Act to remove all provisions that grant security forces and government asked our representatives in Mexico amendment in Nepal. This law, which I about Mexican efforts to stem the flow sponsored a decade ago, requires, official’s immunity from prosecution for criminal acts. of illegal immigrants into the United among other things, thorough vetting Establish an independent, external over- States. of candidates for U.S. military or po- sight body for the Nepal Police. According to Ms. Bassett, in the 18 lice training to ensure that they have Strengthen the NHRC by giving it the nec- not been involved in violations of essary powers to carry out credible inves- months since he was elected, Mexican human rights. This is important be- tigations, including the power to require the President Felipe Caldero´ n of the cen- cause we do not want to afford the ben- attendance of witnesses and the production ter-right Partido Accio´ n Nacional, efits and legitimacy of U.S. training to of evidence. The government should ensure PAN, has moved quickly to bolster law individuals who have engaged in such that all the NHRC recommendations are enforcement and counterdrug efforts. crimes, and we want to encourage their speedily implemented by the relevant state He has also launched economic reforms authorities. The NHRC should be given clear governments to bring them to justice. I intended to make Mexico more attrac- powers to refer cases for prosecution and to tive to Mexicans. Ms. Bassett further am concerned with reports that the seek legal redress against unlawful acts by Leahy amendment is not being ade- state authorities. noted the importance of our bilateral quately implemented in Nepal, and Establish a Truth and Reconciliation Com- trade with Mexico. She pointed out that some Nepali military officers who mission that does not grant amnesty for se- that Mexico is now the third largest have been credibly implicated in rious human rights abuses. trading partner of the United States. And, as transportation costs continue human rights violations have been ap- f proved for U.S. training. This is a mat- to rise, trade between Mexico and the ter that must be effectively addressed LATIN AMERICA Unites States will likely become even by the U.S. Embassy. Mr. SPECTER. Madam President, I more important. During the war, the Maoists and the have sought recognition to report on a David Gaddis, the regional director Nepali Army were responsible for wide- trip I made to Latin America during for DEA in Mexico, explained that spread atrocities, including arbitrary the August recess. Specifically, from President Caldero´ n’s efforts to combat detention, torture and extrajudicial August 17 to 23, I traveled to Mexico drug traffickers have been costly for killings. This eventually led to a sus- and Venezuela to investigate condi- Mexico—not only in terms of enhanced pension of U.S. military assistance to tions relating to national security, im- resources but also in terms of lives Nepal. After the collapse of the mon- migration and counterdrug efforts. I lost. The press has taken note of this archy and the end of the fighting, that also explored the current state of our unfortunate reality. In June 2008, the suspension was lifted, but any U.S. diplomatic relations with these two New York Times wrote, ‘‘[s]ince Mr. training of Nepali military officers important neighbors in the Western Caldero´ n came to office in December should be conducted with the utmost Hemisphere. I last visited both coun- 2006, he has sent thousands of federal caution and only after thorough vet- tries in 2005, and I was eager to assess police officers and troops to reclaim ting. firsthand the impact of recent changes cities and states where [drug] traf- In the past year, the focus has shifted in their domestic political landscapes. fickers controlled local officials to military reform. The U.S. can assist On Sunday, August 17, I flew to Mex- through bribes and threats. The offen- in this effort, particularly through our ico City, Mexico. There, I was greeted sive has unleashed a war among dif- expanded international military edu- by Robyn Prinz, a Foreign Service offi- ferent cartels that has killed more cation and training program, but we cer from the economic section of our than 4,000 people, among them about need assurance that the Nepali Army Embassy, who served as my guide in 450 soldiers, police officers and public command recognizes the need for re- Mexico. That evening, I enjoyed a taste officials.’’ Nevertheless, according to form and to be accountable under the of Mexico’s rich cultural heritage by Agent Gaddis, Mexico has achieved sig- law. attending the famous Ballet Folklo´ ico, nificant successes against the traf- Madam President, I ask unanimous a performance of Mexican folk dances, fickers, arresting key leaders and ex- consent that the key recommendations at the Palacio de Bellas Artes. traditing many of them to the United in the Advocacy Forum-Human Rights On Monday morning, August 18, I States to stand trial. The DEA has also Watch report be printed in the RECORD. began the day by meeting with a large seen large improvements in the level of There being no objection, the mate- team from our Embassy. Ambassador information sharing and cooperation rial was ordered to be printed in the Antonio Garza was traveling, so the from Mexican officials. This inter- RECORD, as follows: Embassy team was led by Deputy Chief action directly benefits the United WAITING FOR JUSTICE: UNPUNISHED CRIMES of Mission Leslie Bassett. In addition States because the major cartels in FROM NEPAL’S ARMED CONFLICT to Ms. Bassett, my meeting included Mexico can be tied directly to drug KEY RECOMMENDATIONS representatives of the Department of traffickers in the United States. To The new government of Nepal needs to en- sure that perpetrators of grave human rights Homeland Security, DHS, Customs and drive home this point, Agent Gaddis violations are brought to justice. Human Border Protection, CBP, the Drug En- provided a map showing cases in every Rights Watch and Advocacy Forum call on forcement Agency, DEA, the Defense state with links to Mexican drug traf- the Nepali government to: Attache´ Office, the U.S. Agency for ficking organizations.

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.018 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9393 As the assembled agency representa- actively cooperates with such repatri- been very important for job creation in tives noted, of course, the drug prob- ation efforts. I was pleased to hear this Mexico, with incidental benefits for se- lem is not a one-way street. High de- news because I have been particularly curity. With respect to international mand for illegal drugs within the concerned about the refusal by some cooperation on drugs, he said that co- United States fuels much of the drug countries to accept their nationals operation with Colombia was very trade. And, just as drugs are smuggled back after they have served criminal good. He said that the cooperation with into the United States, weapons and sentences in the United States and Venezuela and Cuba was more difficult money are increasingly being smuggled been ordered deported. but noted that they had worked col- into Mexico from our country. By some Later on August 18, I met with Mexi- laboratively through third-party orga- estimates, more than 90 percent of the co’s Secretary of Public Security, nizations. For example, he cited co- weapons being used by Mexican drug Genero Garcı´a Luna. Secretary Luna is operation with Venezuela through traffickers originate in the United charged with the daunting task of re- Interpol. States. Erik Moncayo, the CBP attache´ forming Mexico’s federal police force I further inquired about Mexico’s co- in Mexico, pointed out that the United and forging new, cooperative arrange- operation with the United States on States has been far more focused on ments with the country’s state and terrorism matters. Secretary Luna was contraband, hazardous materials, and local police. A July 13, 2008 profile in very positive about the level of co- persons entering the country than the New York Times Magazine notes operation. He said, for example, there those leaving it for Mexico. As a result, that ‘‘Garcı´a Luna cultivates the was an active effort to preempt poten- bulk cash shipments totaling more image of a cop in a world of politicians, tial terrorists from the Middle East than $12 billion are reportedly smug- a doer in a world of talkers.’’ The arti- from seeking entry into the United gled into Mexico annually. Among cle also quotes a security analyst as States via Mexico. other things, these illegal proceeds are saying that Secretary Luna has ‘‘the Following my meeting with Sec- used to pay off corrupt police and pub- hardest job in the country.’’ retary Luna, I met with Mexico’s At- lic officials. I found the Secretary to be sincere torney General, Eduardo Medina-Mora Although the Mexican Government and enthusiastic about his mission. He Icaza. I had met the Attorney General has begun to implement new legal re- described ongoing efforts to improve during my last visit to Mexico, when forms, including a shift away from a police pay, regulate the requirements he was serving as the Director of the confession-driven judicial system to for new recruits, and require com- Center for National Security Investiga- one that places a greater emphasis on prehensive ‘‘trust’’ centers—akin to tions, Mexico’s equivalent of the CIA. other evidence, corruption is still a community policing centers—for citi- Once again, I found him to be articu- major problem in Mexico—especially zens to interact with police and pros- late, intelligent and dedicated to pub- among the ranks of the local police. ecutors in the states and localities. He lic service—though he also has a strong This breeds mistrust of the very offi- also focused on the need to stem the background in the private sector and cials who should be relied upon by the tide of illegal weapons entering Mexico brings a business person’s pragmatism public to keep them safe. This mistrust from the United States. to the work of government. was illustrated in a tragic case that oc- Secretary Luna represented that The Attorney General described his curred shortly before my arrival in more than 95 percent of the firearms department’s current relationship with Mexico and which was mentioned in used by Mexican criminals come from U.S. law enforcement and our Justice nearly every meeting I had there. the United States. He said that, in the Department as the ‘‘best ever’’ in his In June 2008, the 14-year-old son of a first 2 years of the Caldero´ n adminis- considerable experience. He said that, wealthy family—the founders of a tration, approximately 20,000 high-cal- through joint operations, we have suc- chain of sporting goods stores—was iber weapons have been seized by Mexi- ceeded in challenging and disrupting kidnapped and held for ransom. Rather can law enforcement. While acknowl- the key drug cartels, which are now than call the police, however, the fam- edging the value of assistance from the more fragmented than ever. He con- ily reportedly hired a private nego- U.S. Bureau of Alcohol, Tobacco, Fire- ceded, however, that we have not yet tiator to deal directly with the kidnap- arms and Explosives, ATF, in tracing succeeded in significantly reducing the pers. Then, after they had paid millions the origins of such weapons, Secretary total output of drugs. He then focused of dollars in ransom money, their son’s Luna urged a crackdown on retailers on some of the concerns that had been body was found in the trunk of a stolen along the southwest border selling discussed in my earlier meetings, par- car abandoned in Mexico City. This weapons for export to Mexico. ticularly the smuggling of guns and tragic case, and the deep mistrust of With respect to the recent, high-pro- bulk cash shipments into Mexico. the police it reveals, underscores the file kidnapping and murder of a 14- In addition to improved checkpoints serious challenge faced by President year-old boy, Secretary Luna noted for south-bound traffic, the Attorney Caldero´ n and his administration as that kidnapping is not a federal offense General recommended some other ave- they seek to reform Mexico’s criminal in Mexico; a fact that limits his ability nues for exploration. For example, he justice system. to investigate such cases. I cited the noted that approximately half of the On the illegal immigration front, Ms. 1932 kidnapping and murder of the cash shipments smuggled into Mexico Bassett noted that there had been a de- young son of aviator Charles Lindbergh consisted of large-denominations, like crease in illegal immigration from as the catalyst for making kidnapping $100 bills. This suggests that the smug- Mexico, but she acknowledged that the a Federal offense in the United States glers may have some contact with U.S. causes could range from a weakened and suggested that Mexico may have financial institutions, which may pro- U.S. economy to enhanced border secu- reached a similar moment in its legal vide another avenue for investigation rity to increased opportunities in Mex- evolution. The Secretary agreed and and interdiction. Further, the Attor- ico, or some combination of these fac- said that members of the administra- ney General said that most of the tors. Mr. Moncayo, the CBP represent- tion planned to meet with legislators weapons shipped into Mexico were pur- ative, highlighted a successful joint op- later in the week to consider such a chased by ‘‘straw’’ buyers, who were eration with Mexican officials—dubbed change. paid a fee for essentially renting their the Oasis program—under which more Although somewhat outside his juris- identification to the true purchasers— than 800 cases involving alien smug- diction, I asked the Secretary for his a practice that might be subjected to glers have been prosecuted by Mexico views on the impact of the North limitations without infringing on the during the last 3 years, using evidence American Free Trade Agreement, second amendment. collected in part by U.S. authorities, NAFTA, on security matters and the On the issue of immigration, the At- with a nearly 98 percent conviction standard of living in Mexico. I also torney General offered a thought-pro- rate. asked about his department’s coopera- voking demographic analysis of the In response to my question about tion with other countries to combat subject. First, he acknowledged that Mexico’s willingness to accept criminal drug trafficking, particularly Colom- the United States has the most vibrant aliens being deported by the United bia, Venezuela, and Cuba. Secretary economy in the world, supported by a States, Ms. Bassett said that Mexico Luna said that he thought NAFTA had host of desirable factors including the

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.015 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9394 CONGRESSIONAL RECORD — SENATE September 24, 2008 rule of law the ability to innovate and erendum in December 2007 that would dent Cha´ vez, however, it remains some- profit from innovation; labor flexi- have further consolidated his power, what unclear whether he is prepared to bility and mobility; and the ability to despite publicly characterizing the match his positive words with mean- shift assets from one sector of the vote as a choice between himself and ingful actions. economy to another through the finan- President George Bush. Now, as the Following my meeting with the Am- cial markets. Nevertheless, he argued New York Times reported on August 6, bassador and his team, I accompanied that the United States simply does not 2008, President Cha´ vez is ‘‘using his de- him to the U.S. Embassy for further produce enough humans to keep up cree powers to enact a set of [26] social- briefings on drug trafficking and na- with its economic growth. And, al- ist-inspired measures that seem based tional security issues. With regard to though concerns about illegal immi- on a package of constitutional changes the drug issues, I met with members of gration may currently be focused on that voters rejected last year.’’ the U.S. Embassy’s law enforcement Mexico, the Attorney General further Among other things, these decrees team. By way of background, in Sep- argued that—within just 15 years— create new regional officers, appointed tember 2007, President Bush issued a Mexico won’t be able to supply much by the government, who could help determination that Venezuela, for the labor to the United States because President Cha´ vez to retain influence in third year in a row, had failed demon- Mexico’s labor force peaked in 2006 and states and localities even if his party strably over the previous 12 months to is now growing at a rate of less than 1.4 loses upcoming state and local elec- adhere to its obligations under inter- percent. Indeed, Attorney General Me- tions. Similarly, the decrees elevate national counternarcotics agreements. dina-Mora suggested that the whole the status of a new militia force that In a September 17, 2007, report, State world may face a labor shortage within reports directly to the President, mak- Department officials maintained that, a generation, due to falling population ing it co-equal with the traditional although Venezuela indicated that it rates across much of the globe. In con- branches of the military services, had developed some new programs to trast to years past, the Attorney Gen- which facilitated a short-lived coup fight drug trafficking and were making eral also said that today’s migrants are against President Cha´ vez in 2002. Ac- seizures, its efforts continued to be not uneducated peasants but workers cording to the August 6, 2008, Wall limited. Given this backdrop, I asked the rep- with an average of 9 years of education Street Journal, ‘‘Mr. Cha´ vez said that resentatives of the law enforcement if anyone didn’t approve of the laws, and sought-after skills. team in Caracas about recent reports I asked the Attorney General for his they could file for a challenge with the suggesting that Venezuela had further views on the value of dialog with other supreme court. But critics . . . said increased its drug seizures and begun a nations, even dialog with adversaries. that would be futile because six of the campaign to bomb clandestine airstrips He agreed that dialog is critical. With seven justices are sympathetic to the in the Venezuelan jungle being used by respect to my trip to Venezuela, Attor- president.’’ Colombian drug traffickers. Those ney General Medina-Mora said that iso- In another troubling development, present reported that the flow of drugs lating Venezuela would be the worst Venezuela’s Controller General has re- through Venezuela had increased dra- way to deal with the country. He said portedly disqualified nearly 300 individ- matically, making the new seizures a that Cuba ought to serve as an impor- uals from holding appointed public of- smaller percentage of the whole. They tant lesson; namely, that isolation can fice, or running for elected office, based also questioned the value of bombing actually help a disfavored regime to on central government sanctions—but dirt airstrips that could be quickly re- sustain itself. Of course, it would be not convictions—for alleged adminis- constituted. Moreover, the Govern- naive to think that dialog is a silver trative irregularities. A number of ment’s claims with regard to such air- bullet. In fact, at the time of our meet- those who have been disqualified would strips arguably served to confirm the ing, the Attorney General still ap- have been strong potential opposition importance of Venezuela as a trans- peared hopeful that dialog would en- candidates for municipal and state shipment point for drugs from Colom- sure fair compensation for a Mexican- elections scheduled for November 23, bia being sent to the United States and owned cement company that Venezuela 2008. These elections pose the next the need for further cooperation. was seeking to nationalize. As we later major test for both the Cha´ vez admin- The group identified several modest learned, however, efforts to engage the istration and the political opposition. steps that President Cha´ vez could take Venezuelan Government on this sub- At the same time, there has been to demonstrate his commitment to re- ject failed to prevent Venezuela’s ex- some recent reason for optimism. On building cooperation on counter-drug propriation of the Mexican company by July 5, 2008, Venezuela’s Independence efforts: No. 1, reiterate to his people threat of force or at least under the su- Day, President Cha´ vez publicly ap- what he said to Ambassador Duddy; No. pervision of national guard troops. proached Ambassador Duddy and ex- 2, designate clear points-of-contact in Nevertheless, I believe that, over time, pressed a desire to renew antidrug co- Venezuela’s counterdrug agencies for dialog often produces better results operation with the United States. their U.S. counterparts; No. 3, approve than heated rhetoric and posturing. Among other things, President Cha´ vez seven pending applications for visas On Tuesday, August 19, following a recalled how he had met several times from the DEA; No. 4, give DHS access brief tour of the beautifully restored with John Maisto, the U.S. Ambas- to the airport in Caracas to screen for Chapultepec Castle overlooking Mexico sador to Venezuela from 1997 to 2000. contraband headed to the United City, I departed for Caracas, Venezuela. According to press accounts of the States; No. 5, allow the United States Upon arrival in Caracas, I was wel- overture, President Cha´ vez also men- to re-export an x-ray machine intended comed by our Ambassador there, Pat- tioned the upcoming U.S. Presidential for scanning cargo at a port but cur- rick Duddy, and the Control Officer for elections and commented, ‘‘whoever rently sitting unused; and No. 6, permit my visit, Evan Owen. Due to a traffic wins, we should be able to sit down and effective cooperation between U.S. offi- accident, our trip from the airport to converse. I did this with Clinton, we cials and the Intelligence Unit of the the Ambassador’s residence turned into sat down to talk.’’ superintendent of Banks. To this list, I a tour of relatively impoverished en- I was particularly heartened by the would add that the Cha´ vez government claves perched on the steep slopes of a prospect of renewed cooperation on should meet with the America’s so- twisting mountain road. By the time drugs because I had pushed for such called drug czar, Director of National we reached our destination, it was collaboration between our countries Drug Control Policy John Walters. As nearly midnight. during my visit in 2005. I even took the noted later in my remarks, Director On Wednesday, August 20, I began my somewhat extraordinary step of asking Walters was denied a visa during my day with a briefing from Ambassador then Secretary of Defense Donald visit to Caracas, although the purpose Duddy and key members of his Em- Rumsfeld to consider ‘‘a moratorium of his requested visit was to follow up bassy team. They provided an overview on adverse comments on Venezuela’’ on the proposal President Cha´ vez made of significant developments in Ven- because I believed his harsh rhetoric to Ambassador Duddy to begin increas- ezuela since my last visit in 2005. Per- about President Cha´ vez at the time ing counternarcotics cooperation be- haps most significantly, President was counterproductive. With respect to tween the United States and the Gov- Hugo Cha´ vez lost a Constitutional Ref- the most recent overtures from Presi- ernment of Venezuela.

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.017 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9395 The following day, August 21, I start- After visiting the Bucaral neighbor- Among those I met was Henrique ed the morning by meeting with two hood, I met with representatives of Capriles Radonski. He is the current members of the Venezuelan National Venezuela’s Jewish community at a mayor of Baruta, a borough of Caracas Assembly: Saul Ortega, the first Vice- meeting hosted by the Confederation of where the U.S. Embassy is located. President of the National Assembly, Israelite Associations of Venezuela, Prior to serving as mayor, Capriles was and Francisco Torrealba, the leader of CAIV. CAIV is the leading Jewish orga- the President of the Venezuelan Na- the U.S.-Venezuela Friendship Group nization in Venezuela. The Jewish com- tional Assembly 1999 2000, the youngest in the National Assembly. We discussed munity in Venezuela stands at some in its history. Capriles is currently the the fact that, prior to the 2005 par- 13,000, down from over 20,000 10 years opposition candidate for the governor- liamentary elections, there used to be ago. ship of Miranda State, which surrounds fairly regular dialog between the U.S. I was especially interested to speak much of Caracas. Congress and the Venezuelan National with representatives of the Jewish Mr. Capriles has received inter- Assembly through the informal ‘‘Bos- community because, the week before national notoriety due to an apparent ton Group.’’ The parliamentarians my visit to Venezuela, President political prosecution against him. His commented favorably on their past Cha´ vez met with Jewish leaders includ- case was profiled in a Washington Post contacts with former Representative ing Ronald Lauder, president of the op-ed by Deputy Editor Jackson Diehl Cass Ballenger of North Carolina and World Jewish Congress. As reported by on April 10, 2006. As noted by the Post, Representative WILLIAM DELAHUNT of the Miami Herald on August 14, 2008, the case against Capriles relates to an Massachusetts. Vice President Ortega Venezuelan Foreign Minister Nicols incident during the brief 2002 coup also recalled fondly a meeting with Maduro expressed hope following the against Cha´ vez, when Capriles sought Senator JOHN KERRY of Massachusetts meeting that ‘‘this coming-together to disperse a hostile crowd that be- and mentioned a visit to Venezuela by will be maintained.’’ According to the sieged the Cuban Ambassador’s resi- Senator KERRY and his fellow Massa- Herald, Argentina’s Ambassador in dence. Despite his efforts at peace- chusetts Senator, EDWARD KENNEDY, Washington, He´ctor Timerman, who keeping, Capriles was later jailed and that had been discussed but not com- also attended the meeting, said Cha´ vez charged with trespassing, intimidation, pleted. Both members of the assembly had ‘‘expressed a desire to join forces and ‘‘violating international prin- said that such exchanges with the U.S. with [Argentine President Cristina] ciples,’’ among other crimes. Although Congress would be welcome. Ferna´ ndez de Kirchner and Brazilian the case was dismissed, the charges During our meeting, which was also President Luiz Ina´ cio Lula da Silva ‘to were later refiled and Capriles remains attended by Ambassador Duddy, I achieve the eradication of anti-Semi- in legal jeopardy. The Post op-ed de- stressed the importance of the separa- tism in Latin America.’ ’’ The Herald scribed Capriles as ‘‘one of the bright- tion of powers under the U.S. Constitu- also quoted another meeting partici- est stars in a new generation of Ven- tion. I noted that, as a Senator, I am pant as saying that the three leaders ezuelan politicians untainted by the free to criticize or dissent from the de- may sign a joint statement against discredited political establishment cisions of Presidents of my own party. anti-Semitism in September. Cha´ vez replaced.’’ I would concur. De- I also cited the example of recent Su- At my meeting with Jewish leaders, I spite obvious hurdles, he remains opti- preme Court rulings on the rights of received generally positive reports on mistic about the future of democracy detainees being held at Guantanamo the meeting with President Cha´ vez. in Venezuela—as well as his own pros- Bay, Cuba, to underscore the value of The group expressed hope about the di- pects for being elected Governor of Mi- our independent judiciary, confirmed rection of relations between the Jewish randa in November. with the advice and consent of the Sen- community and the Government. I I should note that, in addition to my ate. I am hopeful that through future would note that, in addition to publicly meeting with opposition candidates, exchanges, legislator-to-legislator, we condemning anti-Semitism, there are the U.S. Embassy also arranged for me may demonstrate the merits of our sys- other concrete things the Cha´ vez gov- to meet with several scholars, commu- tem of checks and balances and find a ernment could do to improve relations. nity leaders, business leaders, and rep- way to address areas of common inter- As reported by the Associated Press on resentatives of the independent media est to both countries, even if our re- August 14, 2008, the Simon Wiesenthal during my visit. Although it is my nor- spective executive branches remain at Center has urged Venezuela to inves- mal practice to publicly document my loggerheads. tigate two police raids on the Jewish meetings during foreign trips, the cur- Following the meeting with the par- community center in Caracas, includ- rent political situation in Venezuela liamentarians, Ambassador Duddy and ing one ‘‘on the eve of a contentious leads me to be somewhat circumspect I traveled to the economically chal- referendum vote in December.’’ Espe- about naming everyone with whom I lenged Bucaral neighborhood in the af- cially given his public support of Ira- met. Although the individuals ex- fluent Chacao borough of Caracas. A nian President Mahmoud Ahmadinejad, pressed a range of viewpoints, those grassroots nongovernmental organiza- who has denied the Holocaust and said who were not aligned with President tion called ‘‘Friends of the Health of that Israel should be wiped off the map, Cha´ vez’s party expressed concerns Bucaral’’ is working to improve condi- I hope that President Cha´ vez will take about the health of Venezuelan democ- tions for the neighborhood’s residents. concrete and public actions to reassure racy, especially in light of the recent Among other things, this organization the Jewish community in Venezuela Presidential decrees, which appear to operates a computer room for young that they are valued members of Ven- run contrary to the 2007 referendum. students. In addition, the group’s cen- ezuelan society. They also expressed anxiety about the ter offers conflict resolution programs, On Friday, August 22, I met with po- disqualification of opposition can- drug prevention workshops, and cul- tential opposition candidates in No- didates in advance of the November tural classes in dance, theater, story- vember’s state and local elections. The elections for state and local offices, telling and music. The U.S. Embassy, first of these was a mayoral candidate and they shared concerns about the through the Narcotics Affairs Section, who, like more than 260 others, has Government’s increased push to na- has helped to support the youth cen- been banned from seeking elective of- tionalize key sectors of the economy. ter’s illicit drug demand reduction ef- fice through an administrative decision All agreed that the upcoming elections, forts. I had the pleasure of meeting the by Venezuela’s Controller General. He much like the constitutional ref- organization’s founder, Maria Teresa denied any wrongdoing and stressed erendum last December, represent a Gonzalez, and several of the children that he had not been given an oppor- critical moment in Venezuela’s con- who benefit from the group’s programs. tunity to challenge the factual basis temporary political development. I also had the chance to visit a small for the Controller General’s decision. On Friday, Ambassador Duddy and I police post to see firsthand the work While he and others are challenging also received two pieces of dis- they are doing—much like community their disqualification, they are con- appointing news: First, we learned that police stations in American cities—to cerned that the courts lack sufficient Venezuela had declined to schedule a build trust in the community and pre- independence to issue a fair ruling on meeting with Director John Walters, vent crime. the matter. America’s drug czar. Second, we

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.018 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9396 CONGRESSIONAL RECORD — SENATE September 24, 2008 learned that President Cha´ vez had used Secretary of State for Western Hemi- WHERE ARE THEY? his regular television program to hurl sphere Affairs, is doing a splendid job Mr. SPECTER. Madam President, I new slurs at President Bush. Specifi- under difficult circumstances. He is a have sought recognition to insert into cally, President Cha´ vez used a photo- true expert on Latin America and ex- the RECORD an article by Michael graph of President Bush stumbling on emplifies the best of the Foreign Serv- Smerconish, Esquire, concerning ef- some steps at the Olympics to criticize ice. He is aided by a very able staff, all forts by the United States to capture him as a ‘‘drunk.’’ As reported by the of whom are seeking to improve diplo- Osama bin Laden and Ayman al- Associate Press, Cha´ vez said Bush matic relations in a challenging envi- Zawahiri. Mr. Smerconish is a distin- looked ‘‘drunk and quipped to his lis- ronment. Also, on a personal note, the guished columnist who writes for the teners: ‘‘Gold medal for alcoholism.’’’ Ambassador and his wife were gracious Philadelphia Inquirer and the Philadel- Despite these setbacks, however, I and charming hosts throughout our phia Daily News, has a morning talk agreed to a meeting with Venezuela’s stay in Venezuela, and I look forward show on the ‘‘Big Talker,’’ 1210 WPHT– Minister of Foreign Affairs, Nicola´ s to working with him in the future. Mr. AM, and appears on MSNBC. I have Maduro, on Friday afternoon. Ambas- President, I yield the floor. known Mr. Smerconish for more than sador Duddy accompanied me to the Almost a week to the day after I left 20 years and have a very high regard meeting. Venezuela, President Hugo Cha´ vez for his scholarship, among his other Mr. Maduro has served as Foreign threatened our Ambassador, Patrick fine qualities. While I do not agree Minister, basically Venezuela’s Sec- Duddy, with expulsion in apparent re- with all his comments, especially all retary of State, since August 2006. Pre- sponse to criticism by America’s drug his political evaluations, I believe this viously, he served as President of the czar, John Walters. Mr. Walters, after article should be made available to my National Assembly from 2005 to 2006. being denied a visa to travel to Ven- colleagues and the public generally to He is known as an ardent defender of ezuela, warned that the flow of Colom- the extent that the CONGRESSIONAL ´ President Chavez and his socialist pro- bian cocaine through Venezuela has RECORD is read. Accordingly, I ask gram. I began the meeting by empha- quadrupled since 2004, reaching an esti- unanimous consent to have the article sizing my belief that Venezuela and the mated 282 tons last year. to which I refer printed in the RECORD. United States share many common in- As the New York Times reported on PAKISOURCED terests, such as our mutual interest in (Michael Smerconish, Sept. 11, 2008) drug interdiction, which can be ad- September 1, 2008, ‘‘Mr. Cha´ vez’s com- ments effectively ended what seemed Where the hell are Osama bin Laden and vanced by greater dialogue. I expressed Ayman al-Zawahiri? And why does virtually my hope that it may yet be possible to to be the start of a thaw in July, when no one ask anymore? What’s changed since arrange a visit by Director Walters, he chatted with Mr. Duddy at a mili- the days when any suburban soccer mom and I added that both U.S. Presidential tary parade and invited him to lunch.’’ would have strangled either of them with her candidates understand the importance On September 11, 2008, President bare hands if given the chance? And what of dialog. Cha´ vez followed through on his threat. happened to President Bush’s declaration to Minister Maduro said he was open to He announced that he was expelling a joint session of Congress nine days after 9/ 11 that ‘‘[A]ny nation that continues to har- the possibility of greater dialog, but he Ambassador Duddy and gave him 72 bor or support terrorism will be regarded by said the Venezuelan Government was hours to leave the country. According the United States as a hostile regime.’’ pessimistic because they believed that to the New York Times, President Doesn’t that apply to Pakistan? positive gestures from the United Cha´ vez claimed to have ‘‘discovered an These are things that I wonder as I watch States were too often followed by nega- American-supported plot by military from my perch in Philadelphia, where I’m a tive statements about Venezuela by officers to topple him.’’ Of course, the talk show host, columnist and MSNBC talk- U.S. spokespersons. He also noted that Times also noted that President ing head. I have also spoken and written efforts to improve relations with the ´ about them incessantly, so much so that I’ve Chavez has ‘‘claimed at least 26 times exhausted my welcome with many conserv- United States were not always received in the last six years that there were ative members of my own talk radio audi- well by the Government’s own grass- plots to kill him, according to counts ence. My editors at The Philadelphia Daily roots supporters. Minister Maduro in the local media.’’ News and The Philadelphia Inquirer have questioned aloud whether the time was Since this announcement, relations made it clear that I’ve published my last col- ripe for better relations and said that between our two countries have contin- umn on this issue because I have written after the U.S. elections might present a seven to date. On the day after the Pennsyl- ued to deteriorate. On September 12, vania primary, I told Chris Matthews on new opportunity. Mr. Maduro also 2008, the United States announced it mentioned his own involvement in the Hardball that this was an issue that could would expel the Venezuelan Ambas- help Barack Obama win support among former ‘‘Boston Group.’’ sador and the U.S. Treasury Depart- white male voters, he recognized that it was I responded that it would be better to ment accused three Venezuelan offi- ‘‘[my] issue,’’ before adding, ‘‘And I agree lower the negative rhetoric on both cials with close ties to President with you completely.’’ sides. I also discussed my positive Cha´ vez of aiding the Revolutionary I can’t help myself. So strong is my belief that we’ve failed in our responsibility to meeting with members of the National Armed Forces of Colombia, or FARC, Assembly and said that we should not 3,000 dead Americans that I am contem- which the United States has designated plating voting for a Democratic presidential wait until after the elections to begin as a terrorist organization. to build bridges. I pointed out, for ex- candidate for the first time in my life. It’s the chronology I find so compelling. ample, that Director Walters was not a To add even more fuel to the fire, as all of this was occurring, Russian We’re at the seven year anniversary of 9/11, politician but a professional who could lacking not only closure with regard to the help facilitate greater cooperation bombers landed in Venezuela and sev- two top al Qaeda leaders but also public dis- against drug traffickers. Minister eral media outlets reported that Presi- course about any plan to bring them to jus- Maduro said Venezuela was taking the dent Cha´ vez is discussing plans for tice. To me, that suggests a continuation of proposal seriously and would have a military exercises with Russia’s navy what I perceive to be the Bush Administra- final answer very soon. He then recited in the Caribbean. tion’s outsourcing of this responsibility at I am deeply disturbed by these devel- great cost to a government with limited mo- some of Venezuela’s successes in do- tivation to get the job done. Of course, I may mestic counterdrug efforts. I left the opments. During my visit, there were be wrong; I have no inside information. And meeting encouraged that future dialog already signs that President Cha´ vez I’d love to be proven in error by breaking may be possible. But, in response to a had decided not to follow through on news of their capture or execution. But pub- reporter’s question as I left, I also de- his July overtures to Ambassador lished accounts paint an intriguing and frus- fended President Bush against the ri- Duddy concerning renewed cooperation trating picture. diculous claim that he had been intoxi- against drug traffickers, but I did not To begin, bin Laden is presumed to have imagine that within weeks he would been in Afghanistan on 9/11 and to have fled cated at the Olympics. that nation during the battle at Tora Bora in In closing, I would like to add that seek to expel the Ambassador. As I December of 2001. Gary Berntsen, who was Ambassador Duddy, a career member of have noted in my trip report, Ambas- the CIA officer in charge on the ground, told the Senior Foreign Service who most sador Duddy is an exemplary diplomat. me that his request for Army Rangers to pre- recently served as Deputy Assistant His ouster is truly a tragedy. vent bin Laden’s escape into Pakistan was

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.020 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9397 denied, and sure enough, that’s where bin But there was another consideration. More more aggressive action in dealing with al Laden went. Then came a period when the than one individual with whom I spoke—and Qaeda.’’ Bush Administration was supposed to be no one that I have named here—raised with Finally, I thought, a presidential candidate pressing the search through means it me the question of what would happen to saying something about this foreign-policy couldn’t share publicly. But as time went by public support for the war against radical failure. with no capture, the signs became more Islam if we were to find and kill bin Laden The reaction? Ridicule. troubling. and al-Zawahiri. They wanted to know: Then presidential candidates Joe Biden We now know that in late 2005, the CIA dis- Would the American people then expect the and Chris Dodd responded derisively. Paki- banded Alec Station, the FBI-CIA unit dedi- military to pack up and go home? No one stani foreign ministers did likewise. Across cated to finding bin Laden, something which ever told me that we’re not hunting bin the aisle, John McCain pounded Obama for a was reported on July 4, 2006 by The New Laden because killing him would cause perceived lack of seasoning in the realm of York Times. At the time, I hoped we’d closed Americans to want to close up shop in Iraq foreign relations: ‘‘The best idea is to not the bin Laden unit because Pakistani Presi- and Afghanistan, but it was absolutely on broadcast what you’re going to do,’’ McCain dent Pervez Musharraf was fully engaged in the minds of our warriors as support for the said in February. ‘‘That’s naive.’’ (More re- the hunt in his country’s northwest terri- war in Iraq dissipated. cently, McCain has grown fond of saying tories, where the duo were supposedly hid- A few months before my return, there was that he’ll ‘‘follow bin Laden to the gates of ing. In September 2006, however, Musharraf news of our response to the accord reached hell.’’) Not to be left out, Hillary Clinton reached an accord with tribal leaders there, between Musharraf and the tribal warlords. said, ‘‘You can think big, but, remember, notorious for their refusal to hand over a The agreement, which was effected on Sep- you shouldn’t always say everything you guest. In doing so, he agreed to give them tember 5, 2006, stipulated that the Pakistani think when you’re running for president be- continued free reign. army would pull back from the tribal areas. cause it could have consequences across the The following month, in October of 2006, I A report from the BBC detailed what the world, and we don’t need that right now.’’ participated in a week-long, Pentagon-spon- tribal leaders would grant the army for with- Of course, that didn’t stop Senator Clinton sored, military immersion program called drawing: ‘‘Local Taleban supporters, in turn, from including bin Laden’s image—along the Joint Civilian Orientation Conference. have pledged not to harbor foreign militants, with reminders of the attack on Pearl Har- This was a unique opportunity for 45 civil- launch cross-border raids or attack Paki- bor—in a television commercial that aired in ians who were invited to play military tour- stani government troops or facilities.’’ the final days before the Pennsylvania pri- ist and learn first-hand about the United Meanwhile, there was no demand for ac- mary election. After scolding her opponent States Central Command (CENTCOM). We countability by our government. The White for advocating a specific course of action in traveled 15,000 miles and spent time in four House and the Pentagon consistently played Pakistan, the world’s most infamous ter- nations. Our days began at 5 or 6 a.m. and down the significance of capturing bin Laden rorist became a bankable issue for the junior didn’t end until 10 or 11 p.m. Along the way, and al-Zawahiri, and President Bush offered senator from New York when her back was we boarded the USS Iwo Jima by helicopter only superficial responses to the few ques- against the wall. in the Persian Gulf, fired the best of the tions raised on the status of the search. On To his credit, Obama refused to back away Army’s weaponry in the Kuwait desert (just February 23, 2007, the Army’s highest-rank- from his insistence on reasserting American 10 miles from Iraq), drove an 11–kilometer ing officer, Gen. Peter Schoomaker, said he control over the hunt for bin Laden. I inter- Humvee obstacle course (designed to teach didn’t know whether we would find bin viewed him on March 21, 2008, and he admit- about IEDs), boarded the Air Force’s most Laden, and ‘‘I don’t know that it’s all that ted that a resurgence of the Taliban had oc- sophisticated surveillance aircraft in Qatar, important, frankly.’’ curred in Pakistan. and even took a tour of a military humani- At a May 24, 2007 White House news con- ‘‘What’s clear from . . . what I’ve learned tarian outpost in the Horn of Africa. In addi- ference, when asked why Osama was still at from talking to troops on the ground is that tion to Secretary Rumsfeld, we were briefed large, President Bush offered his usual re- unless we can really pin down some of these by the vice chairman of the Joint Chiefs of frain: ‘‘Because we haven’t got him yet . . . Taliban leaders who flee into the Pakistan Staff, the vice admiral of CENTCOM and That’s why. And he’s hiding, and we’re look- territories, we’re going to continue to have other high-ranking war commanders. ing, and we will continue to look until we instability, and al Qaeda’s going to continue I came home with the utmost respect for bring him to justice.’’ For me, somewhere to have a safe haven, and that’s not accept- the men and women throughout the ranks of between two and four years removed from 9/ able.’’ all five branches of the service committed to 11, it had all begun to wear thin—especially I was pleased by what he had to say about eradicating the forces of radical Islam. But because it seemed bin Laden remained ac- the issue, and asked about it again on April there was one thing noticeably absent: The tive. Unfortunately, the President’s standard 18, 2008, when I interviewed him for a second search for bin Laden and al-Zawahiri. It was line has long been accepted by the media and time. He told me that Musharraf, despite not part of our otherwise comprehensive American people. being flush with billions in American aid, agenda, and when I did ask specific ques- Then, On May 20, 2007, the Times reported was not taking counter-terrorism seriously. tions, there was no information forthcoming that we were paying $80 million a month to ‘‘That’s part of the reason that I’ve been a except a generic assertion that, indeed, the Pakistan for its supposed counter-terrorism critic from the start of the war in Iraq,’’ hunt continued. efforts, for a total of $5.6 billion. Obama told me. ‘‘It’s not that I was opposed When we were briefed at Andrews Air In July 2007, a National Security Estimate to war. It’s that I felt we had a war that we Force Base by Vice Admiral David Nichols, concluded that the failure of Musharraf’s ac- had not finished.’’ the No. 2 to Army Gen. John Abizaid, I asked cord with warlords in Pakistan’s tribal areas ‘‘And al Qaeda is stronger now than at any him whether the hunt for bin Laden was, at had allowed bin Laden’s thugs to regroup time since 2001, and we’ve got to do some- that stage, completely dependent upon Paki- there. On July 22, National Intelligence Di- thing about that because those guys have a stani President Pervez Musharraf. He told rector Adm. Mike McConnell said on Meet safe haven there and they are still planning me we respect national sovereignty, and de- the Press that he believed bin Laden was in to do Americans harm.’’ scribed the search as ‘‘difficult and Pakistan in the very region Musharraf had He also pointed out that the Bush adminis- nuanced.’’ I took that as a confirmation of ceded to the warlords. tration had actually shown signs of following my concern about outsourcing. I hoped that the presidential campaign his lead. Obama reminded me that a late- When in Bahrain, I put the same question would move the issue to the front burner, January airstrike killed a senior al Qaeda to Marine Brig. Gen. Anthony Jackson. He but despite its 24/7 nature it failed to stir up commander in Pakistan, calling it an exam- told me that the search was the equivalent a discussion about the failure to capture or ple of the type of action he’d been recom- of finding one man in the Rockies, an anal- kill those who pushed us down such a per- mending since August. The CIA, it was re- ogy that I heard repeatedly from men I met ilous path. In the first seven presidential de- ported a few weeks after the strike, acted overseas. He also said that ‘‘no one is giving bates—four for the D’s, three for the R’s— without the direct approval of Musharraf. up,’’ and that my question was better put to there was only one question in 15 hours of Soon after I spoke with Senator Obama, the guys in special ops. discourse that touched on the subject of find- the non-partisan Government Accountability So, when we got to the special ops head- ing bin Laden in Pakistan, and it came from Office, the investigative arm of the United quarters in Qatar, I raised the matter yet the audience. Though I did not keep count States Congress, issued a report dated April again, this time with Col. Patrick Pihana, thereafter, I know that the issue never 17, 2008 with a title requiring no interpreta- the chief of staff to the Combined Forces gained resonance in any subsequent debate. tion: ‘‘Combating Terrorism: The United Special Operations Component Command. He Things changed somewhat on August 1, States Lacks Comprehensive Plan to Destroy offered nothing substantive on the issue. 2007, when Barack Obama delivered a speech the Terrorist Threat and Close the Safe No one told me the search was over, but I at the Woodrow Wilson International Center Haven in Pakistan’s Federally Administered came home worried that the days of aggres- for Scholars: ‘‘If we have actionable intel- Tribal Areas.’’ sively hunting bin Laden and al-Zawahiri ligence about high-value terrorist targets, The report, undertaken at the bipartisan had ended. Of course, I could fully appreciate and President Musharraf won’t act, we will,’’ request of U.S House and Senate members, that an aggressive pursuit was underway but he said. minced no words in issuing a conclusion that that I, a blowhard from Philadelphia, was ‘‘We can’t send millions and millions of should have made Americans’ blood boil: Six simply deemed unworthy of any information. dollars to Pakistan for military aid, and be years after September 11, the United States That would have been fine. a constant ally to them, and yet not see had failed to destroy the terrorist havens in

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.025 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9398 CONGRESSIONAL RECORD — SENATE September 24, 2008 Pakistan’s federally administered tribal set up and we have to stop what we’re doing nominee from my own party, he only offered areas (known in the report as FATA). The while they just run across and if we don’t, a continuation of the Bush Administration’s GAO confirmed prior reports that al Qaeda we’ll get engaged by the Paki border guards policy. In a conversation I had with the Sen- was revitalized and poised to launch an at- and that’s an international incident.’’ ator on June 13, 2008, he first attempted to tack, and said that no comprehensive U.S. Luttrell couldn’t delve into the details of say that our counterterrorism efforts were plan existed to combat terrorism on its most the prickly international problem that was working and that remaining on good terms central front. created by the tension with the border with Pakistan was imperative to our safety. In the days that followed its release, I guard, but when I asked him if the Pakistan ‘‘There has been progress in those areas. spoke to Charles Johnson, under whose sig- issue was a problem in general, he whole- Pakistan is a sovereign nation and we have nature the GAO report was issued. He told heartedly agreed. to have the cooperation of Pakistan in order me: ‘‘With respect to establishing a com- ‘‘Hell yeah it’s a problem. Heck, they’re to have these operations succeed. I don’t prehensive plan, we found that there were harboring the enemy. It’s such a joke, it’s so have any classified information, but I do some individual plans that had been prepared stupid. [T]hey come over and do their busi- know that there are activities taking place by the various entities I mentioned earlier ness, whatever is, and if it gets them in to that are intended to counter some of these [the Department of Defense, Department of trouble, all they have to do is sink back into activities, so all I want to say to you is that State, U.S. Agency for International Devel- Pakistan and stay there. They say, ‘‘We’re if you alienate Pakistan and it turns into an opment, among others].’’ good here, we’re good here’ . . . It’s frus- anti-American government, then you will ‘‘But yet there was no comprehensive plan trating.’’ have much greater difficulties.’’ that integrated all of the key elements of na- Americans may be uncertain about which Even when the Senator attempted to re- tional power that was called for by the 9/11 talking point of the day to believe on this mind me of the fact that the United States Commission, by the National Security Strat- issue, but I’m taking the word of a guy who also gives a great deal of money to Egypt, egy for Combating Terrorism and the United saw the conditions first-hand. Marcus who, like Pakistan, could be more helpful in States Congress. And those elements I’m re- Luttrell and thousands of other men and assisting the U.S. in the War on Terror, I pointed out to him that these guys aren’t ferring to are: the use of military, economic women in uniform serve their country val- hiding in Cairo. The people responsible for and development assistance; law enforce- iantly. Don’t we owe it to them to aggres- the atrocities of 9/11 are concentrated in an ment support; intelligence support; as well sively pursue and kill the enemies that seek area northwestern Pakistan, a fact which I as political and diplomatic means by which to destroy them? we would want to address the root cause of Supporting the account of Marcus Luttrell repeated to the Senator. He then pointed out terrorism in a particular region.’’ is a chilling report released by the RAND the historic difficulty with the region. ‘‘I have promised that I will get Osama bin From there the headlines continued to defy Corporation, a think tank, on June 9, 2008. Laden when I am President of the United the GAO recommendations. ‘‘Pakistan as- The report warned that the ‘‘United States serts it is near a deal with militants,’’ read States, but . . . you can go on the internet, and its NATO allies will face crippling long- and look at that countryside, and there’s a the front page of the April 25 edition of the term consequences in their effort to stabilize New York Times. Pakistan’s newly elected reason why it hasn’t been governed since the and rebuild Afghanistan’’ if it does not elimi- days of Alexander the Great. They’re ruled government was again on the verge of an ac- nate Taliban strongholds in Pakistan. by about, it’s my understanding, thirteen cord with the militants running amok in the All of this while the presidential con- tribal entities, and nobody has ever governed FATA—despite the new government’s pre- tenders and the Americans headed to the them, not the Pakistani government, not the viously stated desires to move away from polls were mostly silent in the face of a British—nobody, and so it’s a very, very dif- Musharraf’s policies in those regions. Less seven year timeline moving in the wrong di- ficult part of the world.’’ He added, ‘‘I agree than a week later, under the headline ‘‘Paki- rection. For his part, Ayman al-Zawahiri with you that we should’ve gotten Osama bin stan’s planned accord with militants alarms was apparently so comfortable that he spent Laden, but I can’t put all of it at the door- U.S.,’’ The New York Times reported that time logging into jihad chat rooms and at- step of the Pakastani government.’’ the Bush administration expressed concern tracting thousands of questions from the I have a great deal of respect for the Sen- that the new agreement could contribute to peon terrorists prepared to do his dirty ator, but I have a serious disagreement with ‘‘further unraveling of security’’ in the re- work. him over this issue, something which I let gion. All of this drives me batshit, and it just him know would dramatically influence my The arrangement was tailor made for bin might drive me into the Obama camp. That’d vote in November. For the entirety of my Laden. It permitted the local Taliban group, be quite a departure. I’ve been active in the interview, I tried to keep the Senator fo- Tehrik-e-Taliban, to assist in keeping law Republican Party since I turned eighteen cused on Pakistan, and though he answered and order in the area known as Swat in the and registered to vote for Ronald Reagan in all of my questions, at the end of the inter- northwest frontier province—while not at- 1980. While a college undergraduate at Le- view, the Senator tried to insert his message tacking the existing security forces—in re- high University, I did advance work for then of the day, which was about the Supreme turn for an exchange of prisoners between Vice President George H.W. Bush. And soon Court ruling that granted habeas corpus the Pakistani Army and the Taliban. The after I graduated from law school at the Uni- rights to enemy combatants. When he did, I Army also agreed to withdraw forces from versity of Pennsylvania, Penn, he appointed responded, ‘‘I hear you, and all I think is parts of Swat. According to a report from me, at age 29, to run the Department of that the guys who sent those guys over here the May 22 edition of The New York Times, Housing and Urban Development in five are still on the lamb and we’re writing a big the Bush Administration was concerned that states under the direction of Secretary Jack check, and I’m unhappy about it.’’ To my the deal would ‘‘give the Taliban and Al Kemp. I supported Bush 43 in both of his disappointment, the Senator said the fol- Qaeda the latitude to carry out attacks campaigns. Hell, in 2004, I MC’d his final lowing, ‘‘Yes, sir, and I understand that, and against American and NATO forces in Af- Pennsylvania rally with 20,000 people in a if you let KSM, Khalid Sheikh Mohammad, ghanistan.’’ Some U.S. officials even went so suburban cornfield. and others go, they’ll join them over there. far as to call it a ‘‘victory’’ for bin Laden, as My frustration is so apparent that a fellow Thirty guys, who have been released, have reported by ABC News. What else are we to journalist from The Philadelphia Daily News gone back to the battlefield.’’ It wasn’t the assume, except that the climate in Pakistan has labeled me ‘‘fixated’’ with 9/11. At least fact that he once again dodged my clear dis- may grow even more hospitable to al Qaeda? I’m consistent. In 2004, I donated all of my satisfaction with the Pakistan issue that left In a refreshing opportunity free from the proceeds from my first book, Flying Blind: me dismayed—I’ve become quite used to it at stock answers so often given by politicians, How Political Correctness Continues to Com- this point; it was the fact that I clearly I was given the chance to interview Marcus promise Airline Safety Post 9/11, to a memo- heard an aide mutter the line to him before Luttrell as part of my radio book club series rial in Bucks County, Pennsylvania called he delivered it before me and my captive au- in May 2008. He was the only survivor of Op- the Garden of Reflection for Ground Zero dience. The campaign clearly had a stock an- eration Red Wing, a mission that would re- victims. Many of my radio listeners bought swer for me, an answer that I’ve heard before sult in the worst loss in Naval Seal history. that book. Now some of them pound out and have clearly rejected. He earned a Navy Cross for his valor and hatriolic emails to my website because, on Put quite simply, the support for this wrote about his harrowing story in The New the strength of this issue, I said Barack failed policy is driving me to the edge of my York Times’ best seller, Lone Survivor. Un- Obama was the better of the two Democrats long Republican career. And despite never like most of the bureaucrats from Wash- in the Pennsylvania primary. pulling a lever for a Democratic presidential ington, who have only been able to offer me But frankly, I don’t care. candidate, I believe the election this Novem- talking points from a failed policy, Luttrell The Bush Administration’s failure to or- ber will present the chance to relieve this gave a brutally honest account of the time chestrate a successful counter-terrorism country of the conventional wisdom that he spent in the Hindu Kush, a mountainous plan—one topped off with justice for Osama President Bush has offered for seven years area located just a few miles from the north- bin Laden and Ayman al-Zawahiri—has left and Senator McCain appears resigned to ad- western border of Pakistan. Luttrell de- me embarrassed of my party and angry. The vance: That President Musharraf was a scribed how his efforts were too often con- oft-repeated explanations of the search being friend who did what he could to prevent stricted by red tape. nuanced or covering difficult terrain should Pakistan from defaulting towards further ex- ‘‘Yeah, we’ve got some problems with that have worn thin long ago. tremism; that the hunt for Osama bin Laden border . . . because we’d be chasing the bad Unfortunately, even after dangling my is nuanced and U.S. forces are doing every- guys in there and they had a lot of security vote in front of Senator John McCain, the thing they can to find him; and that the war

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.026 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9399 in Iraq is a necessary one that hasn’t dis- ghanistan. We cannot tolerate a terrorist McCain. Specifically, I referenced a story tracted from the fight against those who per- sanctuary, and as President, I won’t. We that had run in The New York Times that petrated and planned 9/11. need a stronger and sustained partnership morning, describing the Bush Administra- That wisdom has been proven unequivo- between Afghanistan, Pakistan and NATO to tion’s plan to divert $230 billion dollars in cally wrong. secure the border, to take out terrorist aid to Pakistan, which was intended to be The kicker? We, the tax payers, are footing camps, and to crack down on cross-border in- used for a variety of military purposes. Ac- the bill for this negligence. According to a surgents. We need more troops, more heli- cording to the Times, the money would be June 25, 2008 article in The Philadelphia In- copters, more satellites, more Predator used for everything, ‘‘from counterterrorism quirer, a GAO report showed that nearly two drones in the Afghan border region. And we programs to upgrading that country’s aging billion given in aid to Pakistan was spent must make it clear that if Pakistan cannot F–16 attack planes, which Pakistan prizes improperly. The article states: or will not act, we will take out high-level more for their contribution to its military ‘‘ ‘For a large number of claims, Defense terrorist targets like bin Laden if we have rivalry with India than for fighting insur- did not obtain sufficient documentation them in our sights.’’ gents along its Afghan border.’’ In my opin- from Pakistan to verify that claimed costs ‘‘Make no mistake: we can’t succeed in Af- ion, it looked like we were continuing to were incremental, actually incurred or cor- ghanistan or secure our homeland unless we fund a country that had already grossly mis- rectly calculated,’ the report concluded. ‘It change our Pakistan policy. We must expect managed the effort to find bin Laden, and seems as though the Pakistani military went more of the Pakistani government, but we doing so while knowing that the funds would on a spending spree with American tax- must offer more than a blank check to a be used to embolden the Pakistani army payers’ wallets and no one bothered to inves- General who has lost the confidence of his with regard to the age-old conflict with tigate the charges,’ said Sen. Tom Harkin people. It’s time to strengthen stability by India. When I asked the former Mayor how (D., Iowa), a member of the Senate Appro- standing up for the aspirations of the Paki- he, the leader most defined by the 9/11 at- priations Committee. ‘How hard would it stani people. That’s why I’m cosponsoring a tacks, could tolerate this sort of negligence, have been to confirm that a road we paid $15 bill with Joe Biden and Richard Lugar to tri- I ended my question by telling him that I million for was ever built?’ ’’ ple non-military aid to the Pakistani people thought we were getting ‘‘rolled.’’ He agreed The leaks about our Pakistani misadven- and to sustain it for a decade, while ensuring with my analysis at story’s face value, but tures continued. It was reported in The New that the military assistance we do provide is qualified his comments, ‘‘I don’t know what York Times on June 30, 2008 that the Bush used to take the fight to the Taliban and al the background of this one is. On the face of Administration had created a secret plan in Qaeda. We must move beyond a purely mili- it, it makes no sense. Pakistan does not face late 2007 to settle disagreements between tary alliance built on convenience, or face an imminent threat from India. India is be- counterterrorism agencies that were block- mounting popular opposition in a nuclear- coming a closer and closer ally. I think one ing the path of special ops forces into Paki- armed nation at the nexus of terror and rad- of the good things the Bush Administration stan. Months after the plan was developed, ical Islam.’’ has done is really turned it to a very positive however, the special ops are still waiting, en- ‘‘Only a strong Pakistani democracy can one, particularly with this deal regarding tangled in bureaucratic red tape. As these help us move toward my third goal—securing the use of fuel that can be used for nuclear highly-trained soldiers, who should be on the all nuclear weapons and materials from ter- reactors, but the only was this would make prowl for Osama bin Laden, sit with their rorists and rogue states. One of the terrible sense, is if it’s part of an overall deal to get hands tied, al Qaeda’s presence has grown. ironies of the Iraq War is that President them to allow us the leeway [to get bin According to the Times: Bush used the threat of nuclear terrorism to Laden] we were just talking about.’’ ‘‘After the Sept. 11 attacks, President Bush invade a country that had no active nuclear I agreed with his analysis of this one in- committed the nation to a ‘war on terrorism’ program. But the fact that the President stance, but after a long train of abuses in- and made the destruction of Mr. bin Laden’s misled us into a misguided war doesn’t di- volving Pakistan, it’s difficult to keep an network the top priority of his presidency. minish the threat of a terrorist with a weap- open mind. No campaign will ever be able to But it is increasingly clear that the Bush ad- on of mass destruction—in fact, it has only convince me that we haven’t dropped the ministration will leave office with Al Qaeda increased it.’’ ball in Pakistan, and have disgraced the Senator McCain offered a different view: having successfully relocated its base from memories of the 9/11 victims in doing so. ‘‘A special focus of our regional strategy While candidates talk, the dismaying story Afghanistan to Pakistan’s tribal areas, must be Pakistan, where terrorists today continues. A recent report from The New where it has rebuilt much of its ability to at- enjoy sanctuary. This must end. We must York Times in July 2008 suggested that the tack from the region and broadcast its mes- strengthen local tribes in the border areas C.I.A. might not even be receiving proper in- sages to militants across the world.’’ who are willing to fight the foreign terror- telligence on the al Qaeda problem in Paki- In light of increasingly negative press ists there—the strategy used successfully in stan: ‘‘The C.I.A. has depended heavily on about Afghanistan, both the Obama and Anbar and elsewhere in Iraq. We must con- the ISI for information about militants in McCain campaigns addressed the issue in for- vince Pakistanis that this is their war as Pakistan, despite longstanding concerns eign policy speeches on July 15, 2008. Senator much as it is ours. And we must empower the about divided loyalties within the Pakistani Obama was first up to bat. Here’s some of new civilian government of Pakistan to de- spy service, which had close relations with what he said: feat radicalism with greater support for de- the Taliban in Afghanistan before the Sept. ‘‘In the 18 months since the surge began, velopment, health, and education. Senator 11 attacks. That ISI officers have maintained the situation in Afghanistan has deterio- Obama has spoken in public about taking important ties to anti-American militants rated. June was our highest casualty month unilateral military action in Pakistan. In has been the subject of previous reports in of the war. The Taliban has been on the of- trying to sound tough, he has made it harder The New York Times. But the C.I.A. and the fensive, even launching a brazen attack on for the people whose support we most need to Bush administration have generally sought one of our bases. Al Qaeda has a growing provide it. I will not bluster, and I will not to avoid criticism of Pakistan, which they sanctuary in Pakistan. That is a con- make idle threats. But understand this: regard as a crucial ally in the fight against sequence of our current strategy.’’ when I am commander-in-chief, there will be terrorism.’’ It was reported two days later ‘‘In fact—as should have been apparent to nowhere the terrorists can run, and nowhere that officers from this same intelligence President Bush and Senator McCain—the they can hide.’’ service played a role in the bombing of the central front in the war on terror is not Iraq, My ranting and raving on this issue seems Indian embassy in Kabul, Afghanistan on and it never was. That’s why the second goal to have caught the attention of the national July 7, 2008, which left fifty-four people dead. of my new strategy will be taking the fight campaigns. In June 2008, the Obama cam- Still not convinced that Pakistan is know- to al Qaeda in Afghanistan and Pakistan. paign used my praise of the candidate to sup- ingly harboring the people working full-time ‘‘It is unacceptable that almost seven plement their fact check section of the to attack us? On August 12, 2008, Abu Saeed years after nearly 3,000 Americans were website on the Senator’s quest to catch bin al-Masri, a senior al Qaeda commander was killed on our soil, the terrorists who at- Laden. killed in an American air strike. Where? The tacked us on 9/11 are still at large. Osama bin It became apparent that the Obama cam- border between Afghanistan and Pakistan, of Laden and Ayman al-Zawahari are recording paign wasn’t the only one to take notice; the course. messages to their followers and plotting interview I had done with Senator McCain in When President Musharaff resigned in Au- more terror. The Taliban controls parts of June 2008, and general ire with the Repub- gust 2008 due to political pressure from lin- Afghanistan. Al Qaeda has an expanding base lican establishment on this issue, had obvi- gering doubts as to his legitimacy from the in Pakistan that is probably no farther from ously raised some red flags over at the cam- previous election, President Bush offered their old Afghan sanctuary than a train ride paign. On July 24, 2008, former Mayor Rudy undue praise for the former President. A from Washington to Philadelphia. If another Giuliani appeared on the program at his own statement said, ‘‘President Bush appreciates attack on our homeland comes, it will likely request. Though I was thrilled to have Rudy President Musharraf’s efforts in the demo- come from the same region where 9/11 was back to the show, as he was my first choice cratic transition of Pakistan as well as his planned. And yet today, we have five times out of the Republican presidential can- commitment to fighting al Qaeda and ex- more troops in Iraq than Afghanistan.’’ didates, it was clear that he was sent as a tremist groups.’’ Commitment? What a farce. ‘‘The greatest threat to that security lies surrogate of the McCain camp. Realizing I say that because the weeks following in the tribal regions of Pakistan, where ter- this, I told Rudy exactly what was keeping Musharraf’s resignation have already rorists train and insurgents strike into Af- me from enthusiastically supporting brought incremental changes in policy and

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.027 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9400 CONGRESSIONAL RECORD — SENATE September 24, 2008 faint reasons for optimism. The Pakistani ment to the tax extenders package that Armed Forces deserve respect and rec- military spent most of August launching air- would have provided for the extension ognition for the enormous burden that strikes against the Taliban militants attack- of the AMT patch and other tax ex- they willingly bear. They put their ing American forces from the fence strad- tenders on a fully offset basis. I also very lives on the line every day for dling the Afghan-Pakistan border—an effort their fellow countrymen. And because that resulted in more than 400 Taliban cas- supported Senator CONRAD’s effort to ualties and a shallow retreat by the terror- raise a point of order under the Senate of them and their families, our Nation ists. It’s ‘‘shallow’’ because the Pakistani rules against the extenders amendment remains safe and free in the face of government followed up those airstrikes by which was not fully offset. danger and those who seek to harm us. declaring a ceasefire to coincide with the Although I strongly prefer Senator Captain Hays represents the epitome Muslim holy month of Ramadan. Legislators CONRAD’s approach of abiding by our of this selfless service to a cause great- from the tribal areas promised political sup- budget rules, I decided to support final er than one’s self. He was deployed as port for the top candidate in Pakistan’s pres- passage of the partially offset tax chief of an Embedded Training Team, idential election in exchange for the truce, package because of the many critical charged with mentoring the Afghan po- which was announced in the days leading up energy tax provisions in the bill. I have lice forces to defend the people of Af- to the country’s vote. ghanistan against terrorism. Laying Less than a week later, though, American been a strong proponent of growing our forces finally showed signs of taking the green economy, which will both help us aside his own self interest, Captain matter of the central front of the war on ter- combat global climate change and en- Hays gave his life in a far off land help- ror into their own hands. A New York Times courage investment in new tech- ing a fledgling democracy and a newly report indicated that U.S. special ops forces nologies that will create jobs and freed people to live the dreams that attacked al-Qaeda militants gathered in a strengthen our position in the world freedom and liberty bring. Pakistani village called Jalal Khel. U.S. offi- In the book of John, Jesus said that, economy. This tax extenders package cials said the move might represent the ‘‘Greater love has no man than this, includes extensions of incentives for early stages of a more dedicated and aggres- that he lay his life down for his renewable energy, such as wind, solar, sive American presence in Pakistan in the friend.’’ CPT Bruce Hays gave his life, wake of General Musharraf’s resignation. and geothermal, and the extension of that last full measure of devotion, for Don’t get me wrong, a more sustained the research and development tax cred- United States assault against the terrorists you, me, and every single American. He it on which businesses in Rhode Island gave his life defending his country and squatting in Pakistan is welcome news, and and across the Nation have come to de- it signifies a more urgent effort to hunt its people, and we honor him for this down and snuff out the greatest threat to pend. In addition, the legislation that selfless sacrifice. And there are no Americans’ safety on our own shores. we passed yesterday includes a mental words to express the profound grati- But it’s about 2,555 days late and $11 billion health parity law long championed by tude that our Nation owes this brave short. Seven years after 9/11, the country is Congressman PATRICK KENNEDY of my solder and his family. stoking what was supposed to be a complete State of Rhode Island and his father, Captain Hays is survived by a loving and consuming ‘‘war on terror’’ with faint Senator EDWARD KENNEDY. This land- family including his wife Marie and signs of a sustained operation in the country mark provision will ensure that health their children, Bethany, Eleanor, John, where the bad guys have been hiding for insurers provide mental health pa- years. Alfonso, and Genevieve, and his par- How appalling. I doubt the families of the tients with quality coverage and will ents Barbara and Leonard. He is also 3,000 innocents murdered on 9/11—and the go down as one of the signature accom- survived by his brothers and sisters in 4,000 that followed them in Iraq—are content plishments of this Congress. I want to arms of the Wyoming National Guard with it. After all, it’s seven years, thousands take this opportunity to congratulate and the U.S. Army. We say goodbye to of troops and billions of dollars later, and Congressman KENNEDY and the other a devoted family man and an American our country has failed to deliver on what we architects of this important tax legis- citizen soldier. Our Nation pays its really owe them: Justice. Nor have we answered the most important lation. deepest respect to CPT Bruce E. Hays question pertaining to our nation’s future: f for his courage, his love of country and his sacrifice, so that we may remain Can we really win this war with Islamic ex- HONORING OUR ARMED FORCES tremism? Because if we don’t have the fire in free. He was a hero in life and will re- our belly to defend the American troops CAPTAIN BRUCE E. HAYS main so in death. All of Wyoming, and stonewalled by the Afghan-Pakistani border; Mr. BARRASSO. Madam President, I indeed the entire Nation, is proud of to hunt down and destroy the Taliban and al- rise today to pay tribute and express him. May God bless him and his family, Qaeda militants camping out on the other our Nation’s sincere gratitude to a re- and greet him with open arms. side of that border; and do everything we markable young soldier and his family. STAFF SERGEANT NATHAN M. COX. possibly can to capture and kill Osama bin I was saddened to receive word that on Laden and Ayman al-Zawahiri, I fear we’ll be Mr. GRASSLEY. Madam President, I left to deal with another fire—one raging in September 17, 2008, Army CPT Bruce E. rise today to honor SSgt Nathan M. another building, burning a hole in another Hays of Cheyenne, WY, was killed in Cox who was killed on September 20, American city. the line of duty while serving our coun- 2008 in Korengal Valley, Afghanistan. f try in the war on terrorism. Captain Staff Sergeant Cox was serving with B Hays died from injuries he sustained Company, 1st Battalion, 26th Infantry RENEWABLE ENERGY AND JOB while supporting Operation Enduring Regiment, 1st Infantry Division, out of CREATION ACT Freedom when an improvised explosive Fort Hood, TX, and died following the Mr. WHITEHOUSE. Madam Presi- device detonated near his vehicle in injuries that he sustained after his ve- dent, I rise to applaud the Senate’s pas- Gerdia Seria, Afghanistan. hicle encountered an improvised ex- sage yesterday, as part of the so-called Captain Hays first enlisted in the ploding device by the roadside. I would tax extenders legislation, of important Army in 1984, and joined the Wyoming like to express my condolences to Na- tax provisions that will move our Na- National Guard in 2000. He received his than’s friends and family, in particular tion toward a green economy. But I commission and became an officer Nathan’s parents Jane and Leslie, wife also would like to reiterate my support later that year. He was a versatile sol- Annie, and 5-year-old daughter Sophia. for our budget pay-as-you-go rule and dier, commanding units ranging from They are in my thoughts and prayers. to express my disappointment that a field artillery to information tech- Staff Sergeant Cox was deployed to nonoffset version of the so-called alter- nology. Captain Hays is remembered by Afghanistan in July of this year, hav- native minimum tax, AMT, patch was his fellow Wyoming soldiers as an out- ing spent a year in Iraq prior to his ar- part of the tax package the Senate standing officer, commander and leader rival in Afghanistan. He had attended passed. who was both loved and respected by Davenport Central High School in Dav- With our national debt level at a his troops. enport, IA, and enlisted in the Army record high, and growing by the day, It is because of Bruce Hays and the straight after leaving high school. Na- responsible governing requires that we blanket of freedom that he fought to than spent 3 years in Bosnia during the balance new spending and revenue re- provide that we sleep safely in our beds mid 1990s. Then, in 2005, at age 29, he ductions with decreased spending or at night. The brave men and women of re-entered the Army to make it his ca- revenue increases. I am proud to have this Nation who answer the call to reer. Nathan made the ultimate sac- supported Senator CONRAD’s amend- service and wear the uniform of the rifice defending the country and the

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.028 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9401 people that he loved, so that those of As Americans, we are fortunate to with me how high energy prices are af- us back home can enjoy safety and have such a highly specialized law en- fecting their lives, and they responded freedom. His bravery and the bravery forcement agency dedicated to pro- by the hundreds. The stories, num- of all of his comrades will never be for- tecting our personal freedoms and bering well over 1,000, are heart- gotten by a grateful nation. keeping criminals behind bars. I offer breaking and touching. To respect Jane Cox, Nathan’s mother, said that my heartiest congratulations to the their efforts, I am submitting every e- Nathan was very interested in foreign U.S. Marshals Service on 219 good mail sent to me through an address set affairs and hence chose the Army to years and wish for many more to come. up specifically for this purpose to the utilize his talents. She added that Na- f CONGRESSIONAL RECORD. This is not an than had finally come to terms with issue that will be easily resolved, but it his ‘‘gift of being a leader.’’ People who TRIBUTE TO ASHLEY BROST is one that deserves immediate and se- knew him describe a man with a great Mr. THUNE. Madam President, today rious attention, and Idahoans deserve sense of humor who always looked on I rise to recognize Ashley Brost, an in- to be heard. Their stories not only de- the bright side of everything. It is dur- tern in my Washington, DC, office, for tail their struggles to meet everyday ing these times of uncertainty abroad all of the hard work she has done for expenses, but also have suggestions and and at home that we look to the exam- me, my staff, and the State of South recommendations as to what Congress ples set by people like Staff Sergeant Dakota over the past several months. can do now to tackle this problem and Cox, who carry out their duty in a way Ashley is a graduate of Lincoln High find solutions that last beyond today. I that is both courageous and honorable. School in Sioux Falls, SD, and of ask unanimous consent to have today’s I know that Nathan did not die in vain, Augustana College, where she majored letters printed in the RECORD. but his tremendous sacrifice has helped in sociology. Currently, she is attend- There being no objection, the mate- to secure peace and freedom for the ing the University of South Dakota. rial was ordered to be printed in the United States and our allies around the She is a hard worker who has been RECORD, as follows: world. dedicated to getting the most out of It is a relief to finally see someone in our f her internship experience. legislation coming to the people for their I would like to extend my sincere input! I am currently serving in the USAF, U.S. MARSHALS SERVICE thanks and appreciation to Ashley for stationed at Mountain Home AFB. I work in ANNIVERSARY all of the fine work she has done and Flying Ops. I put about 35 miles a day on my Mr. MARTINEZ. Madam President, vehicle, just coming to and going home from wish her continued success in the years work. The base itself is ten miles away from for 219 years, the U.S. Marshals Service to come. has helped to bring some of America’s town; my house, about 15 miles away from f the base. The average price for a gallon of worst criminals to justice, and our Na- TRIBUTE TO JENNIFER FIERRO unleaded here is about $4.09. The base has up tion is a safer place because of their until now been able to keep its gas prices service. On their anniversary, I would Mr. THUNE. Madam President, today under $4, but finally hit it this past Monday. like to offer my many thanks for their I rise to recognize Jennifer Fierro, an I drive a 4-cylinder VW Jetta, with a 14-gal- commitment to upholding the rule of intern in my Washington, DC, office, lon tank and it costs me $46 to fill it up. I law and their willingness to protect for all of the hard work she has done find myself only driving to and from work, and serve Americans. for me, my staff, and the State of as I do not feel like I can afford to drive any- where else, which is a bummer as Mountain During their 219 years of service, the South Dakota over the past several marshals have executed warrants, dis- Home’s resources are low and if I need some- months. thing that I cannot find at Wal-Mart (like tributed Presidential proclamations, Jennifer was home schooled in Santa clothes and shoes for my infant daughter), I registered enemy aliens in a time of Ana, CA, and graduated from the Uni- have to drive to Boise to get those, or home war, and helped conduct the national versity of South Dakota, where she improvement material, or clothing for my- census. They have also ensured the safe majored in Spanish. She is a hard self. I also find my grocery bill sky- conduct of judicial proceedings and worker who has been dedicated to get- rocketing. I used to be able to spend $150 and protected Federal judges and jurors ting the most out of her internship ex- get food for two weeks. I now find that $150 and other members of the Federal judi- perience. lasts me about a week, which is unaccept- ciary. I would like to extend my sincere able. I am putting so much money towards the necessities that I hardly do any of the They lead the Witness Security Pro- thanks and appreciation to Jennifer for gram; serving nearly 18,000 Govern- niceties anymore. My husband has parked all of the fine work she has done and his truck in favor of driving his motorcycle ment witnesses and their family mem- wish her continued success in the years to work everyday to save us money, and we bers whose lives are in danger as a re- to come. are selling our boat as it just costs way too sult of the witnesses’ testimony f much to fill it up, and the truck to tow the against gangs, drug traffickers, terror- boat to any lake. So, in the end, energy costs ists, organized crime members, and TRIBUTE TO JESSIE MILSTEAD have driven me to only drive to and from other criminals. Mr. THUNE. Madam President, today work, sell my boat, park my truck, and Recently, the State of Florida en- I rise to recognize Jessie Milstead, an spend a ridiculous amount of money on food. listed the marshals’ services to help intern in my Washington, DC office, for Thanks for your time. JESSICA, Mountain Home. combat rising instances of violent all of the hard work she has done for crime. During the 3-month effort, me, my staff, and the State of South Thank you for this opportunity to express known as Operation Orange Crush, the Dakota over the past several months. my concerns regarding the escalating price Marshals’ Regional Fugitive Task Jessie is a graduate of West Central of living in Idaho due in large part to the Force was responsible for arresting High School in Hartford, SD, and in the ever increasing cost of energy. more than 2,400 violent criminal fugi- spring, she will attend Northwestern I work for Alaska Airlines in Boise, Idaho. tives in Florida. The operation was an College in Minnesota. She is a hard My gas bill to cover my commute has gone overwhelming success, and Florida is from $100 to $300 per month. Our industry has worker who has been dedicated to get- been heavily affected by the obscene rise in grateful for the men and women of the ting the most out of her internship ex- the cost of aviation fuel. Alaska Air is a U.S. Marshals Service for helping to perience. profitable business. They’ve worked very make it possible. I would like to offer I would like to extend my sincere hard at putting a lot of cash in the bank. my special thanks to a few of the offi- thanks and appreciation to Jessie for They never just spent their way into bank- cials who made Operation Orange all of the fine work she has done and ruptcy, then emerged a few years later with Crush so successful: U.S. Marshal Serv- wish her continued success in the years all of their debts relieved. ice Director John F. Clark; U.S. Mar- to come. Today, in order to stay alive, in addition shal for the Northern District of Flor- to raising air fares and reducing routes, they f have to charge seemingly ridiculous charges ida, Dennis A. Williamson; U.S. Mar- for the ordinary services associated with shal for the Middle District of Florida IDAHOANS SPEAK OUT ON HIGH ENERGY PRICES travel. And still the cost of fuel rises. Just Thomas D. Hurlburt, Jr.; and U.S. Mar- today we received the ‘‘second’’ corporate shal for the Southern District of Flor- Mr. CRAPO. Madam President, in letter, advising us that Alaska Airlines is ida Christina Pharo. mid-June, I asked Idahoans to share doing all it possibly can to reduce costs, that

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.076 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9402 CONGRESSIONAL RECORD — SENATE September 24, 2008 each of us needs to be conscious of every- that affects the people of Idaho. You have re- for 18 years and claim Nampa as my home of thing we do and be as profitable as we can quested me to share my story about how record. My parents still live in Nampa and with each service we provide. I work in a call high energy prices are affecting me person- are retired. The ever-rising fuel costs over center. Are those the voices of [foreign] call ally. the last few years have not only produced a center agents I hear at Alaska Airline’s front I am more than happy to share with you dramatic impact on my day-to-day living ac- door? Not only are some of the finest Amer- my sufferings as an Idahoan in light of the tivities, but those of my parents’ and other ican customer service agents in danger of increased speculative energy prices that we, family members as well who live in Idaho. losing our jobs, but the least respected of all as a nation, are facing. It has not been easy, I have been driving the same vehicle over call center personnel will smudge the here- as I am sure can be difficult for some people eight years and am currently spending ap- to-fore finest airline service in the world. who make far more money and have more in- proximately $500/month in fuel for my vehi- I have read that you have worked on alter- fluence to understand. Month after month cle alone. My wife spends almost $350/month native fuel development. This is a fine aspi- we Americans have been struggling to make in her vehicle. These costs are almost exclu- ration, but with what result? At present, al- ends meet in this day and time where our na- sively utilized for commuting to and from ternative fuels cannot even begin to touch tion has been faced by higher energy costs work. We go to the grocery store once every the huge volume it would take to replace gas based off of speculative markets, and foreign two weeks, and hardly ever go out anymore. and oil energy. And, as a result of corn-based energy needs. Never in our recent past has I estimate from one year ago a rise of at fuels, corn-based commodities around the our government set us up for failure as a na- least $250/month, and probably $400/month world have also escalated in price. Cereal, tion to be more independent on the energy from two years ago in gasoline spending. To tortillas, breads, dog food, chicken and beef needs of our country. Now we are paying the put this into perspective, that is an esti- feed, the list goes on, are all affected by in- price for turning a blind eye to a growing en- mated $3,000 annually. It does not take a creased prices I pay every day. And in Third ergy problem and possibly inappropriate re- brain surgeon to figure out that my cost of World countries, where such commodities lationships and deals with companies and living increase of about $100/month does not are staples, people are facing shortages and foreign nations. Never before in American even come close to making up the difference. Not to mention the dramatic rise in food starvation. When the farmer cannot afford to history does it make better sense for us to costs we have experienced over the last year cultivate his crops, the trucker cannot afford look at new energy supplies, increase energy (and we even have the privilege of shopping to pick up the crops and bring them to mar- efficiency, and break our dependence on for- at the commissary). Add to that the drastic ket, and the market has to raise the prices of eign oil. There are many different renewable loss of equity in my home (almost $100k in staples, how far behind are we from becom- resources to concentrate on, many of which two years) because of the housing market ing a society of haves and have-nots? (with government backing and subsidies) For far too long now, we have let the envi- would allow us as individuals to incorporate here in central Florida, and you begin to get ronmental movement intimidate our energy our own energy needs with energy supplies a good feeling of how the little guy feels. Now, I have proudly served my country for policy in this country. It started with a lit- that we can create on an individual basis. I almost two decades, have contributed sig- tle bit of this and that. We stopped drilling am talking about solar power, wind power, nificantly to bettering our world and saving hydro electricity (on a very small scale of for oil and gas off our scenic coasts and large money at the same time. (I recently devel- course). Not only by allowing individual inland tracts of land deemed environ- oped and implemented a continuous im- Americans cheaper more realistic options for mentally sensitive. We stopped approving re- provement project here at the Navy Port in creating our own energy would we really fineries and thereby reduced our domestic Cape Canaveral that saves the taxpayers ap- grasp the amount of independent energy we supplies of fuel, relying instead on ever-in- proximately $300,000 annually!). My question could create. This has yet to happen, as time creasing foreign sources. One of the biggest to you, ladies and gentlemen, is what are and time again, [partisan politicians] shoot environmental accidents happened near you doing to help me out in this time of cri- down solar energy bills, renewable resources Valdez, Alaska. Environmentalists blamed sis!! Thank you for your attention. options, and energy tax benefit programs. I big oil. Ironically, the oil spilled was im- JOSH, Nampa. ported from the Middle East. Accompanying base this solely off of the ignorance of the all this was the slow rise in the price con- [party-line politics], especially considering I We are happy to hear that President Bush sumers pay to run their cars and heat their have written to [my congressional represent- has opened our water borders for oil drilling. homes. atives and] all of my other government offi- Now we need the rest of those places that Our government has played both side of cials pleading for you to break from [par- have oil to be opened to drilling! It is late to the aisle with CAFE standards that have not tisanship] to help alleviate our dependence be doing such but totally necessary. For the improved gas mileage so much as to drive on foreign energy suppliers. protection of our country, we need to have the price of cars to the same price as a good To make matters worse for me and fellow energy to survive! Many around use are house in the 1960s. Regulations have driven Idahoans, you and Larry Craig are now work- using bicycles to get around or walking. My refineries to further increase the price of ing hard to make our state available to nu- health is not good enough to do that al- fuel required to manufacture multiple clear power. This is not help, in my honest though I am going to work in that direction. blends. All of these products are heavily opinion. You call it a renewable energy re- We also need trails where battery golf carts, taxed by our government. If the oil compa- source; I call it ignorant energy band aid etc., can maneuver around for the sake of nies are accused of making obscene profits, that carry very long term affects. We Ida- the older generation. Our family has to trav- then can we not say the same about the hoans do not and never did want our state to el to work so they still have to drive. Please never-mentioned windfall profits that our become the nation’s nuclear dumping encourage President Bush and the Congress federal government collects? ground. Yet, you officials continue to make to open all areas with oil for drilling and What would I do? I would ask you to start our lands available for the spent nuclear en- also point the nation toward many other plans to find and develop our best sources of ergy of other states, and now other nations. possibilities for other energy fuels. domestic oil and natural gas resources. I Also, you are opening the doors to corporate ART and LYNN, Nampa. would ask you to find places in this country entities that want to take advantage of our that would just love to refine petroleum and weak state policies so that they can create Actually, I do not agree with your stance encourage their communities to do so with nuclear facilities in Idaho that will not even on this, at all. The cost of not protecting the plenty of tax incentives. Just getting the be supplying Idahoans with such said energy. environment will far outweigh the costs of plans on the board would burst this bubble of So, again, you ask me how the today’s en- increased gas/oil prices. I do not know about inflationary speculation. (These suggestions, ergy crisis is affecting the people that put you, but I would actually like our children if started today would take at least ten you in office. I tell you it is affecting me in to have a world to live in, even if that means years to get up and running). the pocket book, in my personal values and I pay for that right now. I would rather see I would also ask that we start plans to beliefs of renewable energy options, and now our government invest in new energy tech- build safe and efficient nuclear power plants. you are allowing it to affect the land that I nology, cleaner sources of fuels, mass tran- France and Germany possess marvelous ex- love so much—the good state of Idaho. sit, bicycle lanes to encourage safe bike com- amples we can emulate and exceed. And If you really want to help, then I suggest muting, etc rather than drill in ANWR and standardize the plan designs. Multiple de- that you stand up for the people [who] voted keep taxes on gas down. signs in the past really bloated the cost of for you. [I would ask that you find ways to] I have yet to understand the conservative construction. And further, we need to fend build our options away from foreign energy view of supporting oil drilling at the expense off the environmentalist’s incessant legal dependence, and give us more renewable en- of supporting other industries. There is a for- maneuvering that have historically sub- ergy options. I implore you to stand up for tune to be made in developing technologies verted and inflated the price of energy devel- our state, and help us protect ourselves from designed to clean the environment rather opment. corporate greed and nuclear mistakes by pro- than foul it. The U.S. is losing jobs and reve- Well, this is more than two paragraphs. tecting the lands we love, and keep them nues every year to other countries in old in- But it contains in my opinion, the elements from having half-life pollution dumped on dustries. Our strength as a nation has long we need to address today and with haste. them. been in developing brand-new industries. ROBERT, Boise. ANDREW. Why not encourage that now? Why not in- vest in a new biofuel technology like algae I am writing to you in response to your I am a LT in the U.S. Navy stationed in farms? Why not invest in companies devel- newsletter about high energy prices and how Cape Canaveral, FL. I have been in the Navy oping ways to clean smokestack exhaust?

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.022 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9403 Why not invest in river clean-up processes? ADDITIONAL STATEMENTS and reporters come and go during her Whether we want to admit it or not, these more than three decades of covering in- are the types of technologies that will be surance issues in Washington. If a con- America’s future. We should be embracing RECOGNIZING THE BENJAMIN gressional committee debated legisla- them, not suffocating them by limiting re- ROSE INSTITUTE tion involving pensions, retirement search dollars. ∑ Mr. BROWN. Madam President, I issues or health insurance, you could Unfortunately, as fledgling industries, count on seeing her at the press table. they do not have the voice that large, highly congratulate the Benjamin Rose Insti- profitable industries like oil and gas, do and tute on its 100th anniversary, an excit- During one particularly memorable thus they do not hold as much political in- ing milestone for this Northeast Ohio Ways and Means hearing on Medicare fluence. It is truly a shame that our country organization. prescription drug coverage, I watched has devolved to such a base motivation as Established in 1908 with money do- from the dais as she beamed with pride. this. nated by Cleveland industrialist Ben- Sitting next to her on one side was her I respect and admire your concern for the jamin Rose, the institute has worked daughter, Susan, who has been my economic impact rising gas prices are having to advance the health, independence, communications director for 22 years, on individual families in Idaho. And I under- and dignity of older adults by raising and on the other sat her granddaughter stand that if you do not work to protect you the standards of elder care. Jennifer, who interned in the Ways and constituents they will elect someone who Means Democratic press office that will. But there comes a point at which our Over its 100-year history, the insti- tute has provided counseling and home summer. elected officials need to act in our long term Her storied career, however, began on best interests even if it means short term care to those older Americans suffering sacrifices by the people. If doing so costs a from mental and physical illnesses; of- the west coast. Born Mary Jane John- politician their seat in the next election, fered companionship, housing, and so- son in Berkeley, CA, on December 31, they’ll still be able to take much pride in cial workers to seniors in need; pursued 1917, she was raised in Seattle, WA. having done the right thing, for the right research on applied gerontology; and Mrs. Fisher graduated from Franklin reasons. advocated for the elderly at the local, High School in 1935 and attended the University of Washington, where she When do you reach that point? What issue state, and national levels of govern- gets you there? earned a bachelor’s degree in jour- ment. CHRIS. In the days before Social Security, nalism in 1939. After college, she the Benjamin Rose Institute provided worked as a reporter and editor for the Seattle Times, the Seattle Post-Intel- This is not about how energy prices affect pensions to older adults who needed my standard of living, but how it affects the ligencer, and the Coos Bay World. In help staying in their homes and keep- standard of living of everyone. We are about addition to reporting and editing in ing food on their tables. And starting to lose many jobs because of high energy Coos Bay, in her spare time, Mrs. Fish- in the 1940s, the Benjamin Rose Insti- prices. The high price of natural gas is going er also served as forest fire spotter, tute began running group homes and, to close down many industries that use large looking for fires started by Japanese quantities. The impact on Americans lives later, nursing homes, for seniors un- incendiary devices that had been car- will be lot worse than $4 gasoline. We are on able to live independently. ried across the Pacific via weather bal- the edge of a depression if we lose as many Over the years, tens of thousands of loons. jobs as I think we might. Ohioans living in the Cleveland area Congress needs to immediately lease off- Mary Jane, as a lieutenant in the have been touched by the institute’s Waves in World War II from December shore tracts off Florida, and the east coast. work and have come to realize the crit- Open up offshore California. Get the Alaska 1942 until January 1946, served as a pipeline going. That alone can provide 10% of ical role the institute plays in their public information officer at the Sand our nation’s natural gas needs. Reinvent the community. Point Naval Air Station in Seattle. In nuclear industry. Financially sponsor a ref- I commend the Benjamin Rose Insti- 1946, she was assigned to the staff han- erence nuclear generating plant so that fu- tute for a century of charitable work dling publicity at the very first meet- ∑ ture developers will know the costs. The on behalf of older Ohioans. ing of the United Nations in San Fran- costs are so uncertain that everyone is afraid f of the risk. We need to produce electricity cisco. with coal and nuclear not natural gas. Re- REMEMBERING MARY JANE In 1946, after a whirlwind courtship of member, in the 1970s, it was unlawful to con- FISHER several weeks, she married Joel H. Fisher, a Washington attorney, who struct new natural gas fired power plants be- ∑ Mr. CARDIN. Madam President, I cause Congress deemed it a waste of the re- was then an assistant solicitor in the source. wish to commemorate the wonderful Commerce Department. They were life of my friend, Mary Jane Fisher, a Once we have a stable supply of natural married in Des Moines, IA, and Com- gas encourage it is use as a transportation greatly admired journalist and pub- merce Secretary Henry Wallace served fuel. Honda makes a Compressed Natural Gas licist who passed away last Sunday, as the best man. When her husband be- Civic, and I saw one at the Honda dealer in September 14, in Washington, DC, at came the European counsel for the California last week. It is a great car for cer- the age of 90. American Joint Distribution Com- tain people. We do not have one public CNG Mary Jane was a dear friend whose mittee, Mrs. Fisher moved to Paris, filing station in Idaho. life experiences were as varied as the where she befriended Alice B. Toklas, a By developing our own resources natural people who knew and loved her. From fellow Seattle native. gas, oil shale, coal, and nuclear, we can quit 1976 to 2001, Mary Jane worked as the In 1950, pregnant with twins, Mrs. sending billions of dollars to the Middle East Washington correspondent for the Na- and create good jobs for Americans. Fisher returned to the U.S. and settled tional Underwriter, a publisher of in- in Washington, DC. After the birth of Forget alternative energy sources for the surance and financial services trade time being. It is a distraction from the emer- her children, Susan and John, she gency we are now facing. Focus on the imme- publications. Mrs. Fisher, who reported worked on Capitol Hill for 3 years as a diate need to save jobs. If Congress does not and wrote weekly columns for the com- staffer for Representative Don Magnu- quickly declare a National Emergency and pany’s property and casualty and son of Washington State. Later, as a allow more energy development by cutting health and life editions, was a well- free-lance publicist, she represented through the regulatory processes for permits known figure on Capitol Hill reporting the National Ballet, the Institute of and opening up more areas for drilling we on insurance activities. She was a fre- Contemporary Arts, and the National face economic collapse. quent presence at hearings in the Ways Symphony Orchestra, NSO, among Please try to get Congress to quit and Means Committee, where I served many other organizations, and served grandstanding and work on real solutions. for many of those years, and inter- as the NSO’s public relations director. Having oil companies CEOs testify about viewed me often on health care and in- From 1962 until 1968, she worked as a their compensation packages when the de- tails are already in the public record is pure surance matters. speechwriter in the Commerce Depart- grandstanding, a disgrace and does nothing A former National Underwriter edi- ment and in the summer of 1968, she to help Americans. tor once referred to Mary Jane as the served as press secretary to India Ed- Read The Bottomless Well by Peter Huber ‘‘Helen Thomas’’ of the insurance trade wards, the special assistant to DNC and Mark Mills. press. Mrs. Fisher had seen Presidents, Chairman John Bailey, and helped han- TYLER. Senators, Representatives, lobbyists, dle press for the Democratic National

VerDate Aug 31 2005 06:10 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.023 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9404 CONGRESSIONAL RECORD — SENATE September 24, 2008 Convention in Chicago. In the late ular. Sheyenne had an all-school re- kota, we keep the pioneering, frontier 1960s, as a free-lance journalist, she union, a parade, a BBQ dinner, a Bull- spirit alive for future generations. It is saw several of her articles published in a-Rama, and memorable fireworks to places such as Dazey that have helped The Washington Star. top it off. The community also honored to shape this country into what it is A long-time resident of Washington’s the newly remodeled and expanded Eq- today, which is why this fine commu- Cleveland Park neighborhood, Mrs. uity Elevator that has been in oper- nity is deserving of our recognition. Fisher was member of the National ation since 1910. This was truly a cele- Dazey has a proud past and a bright Press Club, the Women’s National bration unlike any other. future.∑ Press Club, the American Newspaper Madam President, I ask the Senate f Women’s Club, Mortar Board, and to join me in congratulating Sheyenne, 125TH ANNIVERSARY OF Theta Sigma Phi, a journalism and ND, and its residents on their 125th an- CHRISTINE, NORTH DAKOTA communications professional organiza- niversary and in wishing them well for tion. the future. By honoring Sheyenne and ∑ Mr. CONRAD. Madam President, I From Washington State to Wash- all other small historic towns of North am pleased to honor a community in ington, DC, from Paris to Chicago to Dakota, we keep the pioneering, fron- North Dakota that recently celebrated the Halls of Congress and the National tier spirit alive for future generations. itsy 125th anniversary. On July 26, the Press Club, Mary Jane Fisher was an It is places such as Sheyenne that have residents of Christine gathered to cele- admired and respected journalist. She helped to shape this country into what brate their community’s history and approached every assignment with en- it is today, which is why this fine com- founding. thusiasm and determination to get the munity is deserving of our recognition. Christine is a small town located in story right. I will miss my conversa- Sheyenne has a proud past and a Richland County in southeastern North tions with her, and I am certain that bright future.∑ Dakota between the Red River and sentiment is echoed by hundreds across f Wild Rice River. The post office was es- the Nation this week as we remember tablished November 17, 1884, in the gen- her, and offer our heartfelt condolences 125TH ANNIVERSARY OF DAZEY, eral stored owned by John Munger. to her daughter Susan, her son John, NORTH DAKOTA Settled by Scandinavians, Christine son-in-law Brian, and granddaughters ∑ Mr. CONRAD. Madam President, I was named for the Swedish operatic so- Jennifer and Karen.∑ am pleased to honor a community in prano, Christine Nilsson. The Chicago, f North Dakota that recently celebrated Milwaukee and St. Paul Railroad built 125TH ANNIVERSARY OF its 125th anniversary. From July 18 to a depot at Christine in 1886. SHEYENNE, NORTH DAKOTA July 20, the residents of Dazey gath- Today, Christine remains a proud ered to celebrate their community and community that has a prosperous econ- ∑ Mr. CONRAD. Madam President, I its historic founding. omy consisting of farming. The Chris- am pleased to honor a community in Dazey is located in Barnes County. It tine community center is a valuable North Dakota that recently celebrated is proudly named after the famous asset that provides a place for the citi- its 125th anniversary. From July 4 to playwright C.T. Dazey. Classic plays zens to gather. Residents of Christine July 6, the residents of Sheyenne gath- such as ‘‘In Old Kentucky’’ and ‘‘Abie’s are known for their honesty, strong ered to celebrate their community and Irish Rose’’ were written by C.T. and work ethic, and living off the land. its historic founding. performed on Broadway during the Sheyenne is located in Eddy County. The community had a wonderful turn of the 20th century. C.T. Dazey The name is said to have come from weekend celebration to commemorate purchased land from the Mack Broth- the Cheyenne Indian Tribe; however, it its 125th anniversary. Residents began was misspelled by the area’s first ex- ers and donated half of it to the North- the celebration with a breakfast served plorers and hasn’t been changed since. ern Pacific Railroad to build a new by Christine Church at the community The town was inhabited in 1885 by Clar- town with the agreement that it would center. There was also a parade, a car- ence E. Bennett and then formally be named after him. nival, a presentation of Christine’s his- platted in 1892 under the jurisdiction of World War I sparked life in Dazey tory, and a dedication of the commu- J.W. Richter. The Richter family built giving this ‘‘boom town’’ energy to nity center. The evening ended with a the first store and elevator on what is build houses, hotels, banks, churches, a city meal and dance with music from now Main Street. Sheyenne began as a newspaper company, and a post office. the Plow Boys. large wheat growing community and The first baseball team in Dazey was Madam President, I ask the Senate slowly evolved into a small business put in motion in 1888; it played its first to join me in congratulating Christine, community with the expansion of the game against the neighboring township ND, and its residents on their 125th an- railroad and increased numbers of set- of Getchell. Dazey was a thriving com- niversary and in wishing them well in tlers. The nearby Sheyenne River munity until the Depression. Despite the future. By honoring Christine and served as a constant source of food and hard times, Dazey hung on and began all the other historic towns of North other goods throughout its develop- to grow again. Today, homes are being Dakota, we keep the pioneering fron- ment. built and community members have re- tier spirit alive for future generations. As my colleagues know, the Great stored the great atmosphere in charm- It is places such as Christine that have Depression left no community in the ing Dazey. helped shape this country into what it Midwest unaffected. Sheyenne suffered The city’s 125th anniversary celebra- is today, which is why this community greatly as an agriculture community, tion kicked off with an all-school is deserving of our recognition. but—- as they had done during World alumni banquet and karaoke dance. Christine has a proud past and a War I and the influenza epidemic—- The celebration continued into the bright future.∑ citizens helped one another and fought weekend and included a parade, a play, f through all of the hardships a tractor pull, a buffalo feed, and a TRIBUTE TO STEWART PORTELA Today, Sheyenne is home to North Dakota mysteries and oddities Hendrickson Park, the Log Cabin Mu- museum. There was the popular ‘‘mud ∑ Mr. CRAPO. Madam President, it is seum, and the Warsing Dam. Volumes run’’ as well as a play at the Dazey the- an honor for me to recognize a man of the ‘‘Shining Star’’ Sheyenne News- atre titled ‘‘Stop the Villain.’’ It was who has made it his life’s work to rec- paper dating back to 1897 can be found an event that will be remembered by ognize the contributions of Idaho vet- at the Log Cabin Museum. Outdoors- these residents and visitors for years to erans and educate the next generation men can catch anything from a come. of Idahoans about the sacrifices made largemouth bass to yellow perch along Madam President, I ask the Senate by those who have fought for our great the banks of the Warsing Dam. Camp- to join me in congratulating Dazey, Nation. Stewart Portela, a teacher at ing, hiking, and biking are also popular ND, and its residents on their 125th an- Firth High School, is the author of activities in this area. niversary and in wishing them well for three books on Idaho veterans. He has The celebration of 125 years as a com- the future. By honoring Dazey and all arranged no fewer than eight student munity was nothing short of spectac- other small historic towns of North Da- tours back here to Washington, DC,

VerDate Aug 31 2005 06:11 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.019 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9405 and to area Civil War battlefields him- Since 1998, I have been fortunate to se- CENTER POINT-URBANA self, in order to make the trip more af- cure a total of $121 million for the COMMUNITY EDUCATION fordable for his students. He accom- State government in Iowa, which se- ∑ Mr. HARKIN. Madam President, in panies his students on these edu- lects worthy school districts to receive Iowa and across the United States, a cational tours. He has held graduation these grants for a range of renovation new school year has begun. As you ceremonies in conjunction with the and repair efforts everything from up- know, Iowa public schools have an ex- Firth High School graduation cere- dating fire safety systems to building cellent reputation nationwide, and monies to graduate local veterans who new schools or renovating existing fa- Iowa students’ test scores are among enlisted in the military prior to grad- cilities. In many cases, this Federal the highest in the Nation. uating from high school. Named ‘‘Oper- funding is used to leverage public and/ I would like to take just a few min- ation Veteran,’’ this idea has spread to or private local funding, so it often has utes, today, to salute the dedicated at least 10 neighboring high schools. a tremendous multiplier effect in a teachers, administrators, and school Stewart is responsible for the display local school district. board members in the Center Point-Ur- of photos of all the local veterans in The Adel-DeSoto-Minburn Commu- bana Community School District, and the high school hallways, complete nity School District received a 2003 to report on their participation in a with unit designation, years, branch, Harkin grant totaling $454,290 which it unique Federal partnership to repair and wars. There are over 200 veterans used to help build an addition to Adel and modernize school facilities. whose photos are displayed at Firth Primary School and to renovate class- This fall marks the 10th year of the High School. He conducts the Veterans rooms in the building. This school is a Iowa Demonstration Construction Day program at the high school every modern, state-of-the-art facility that Grant Program. That is its formal year. In 2007, 87 veterans and 600 people befits the educational ambitions and name, but it is better known among from the local community attended the excellence of this school district. In- educators in Iowa as the program of ceremony. deed, it is the kind of school facility Harkin grants for Iowa public schools. As a teacher, Stewart brings history that every child in America deserves. Since 1998, I have been fortunate to se- to life. With close to 40 students in his The district also received a 1999 fire cure a total of $121 million for the military history class every year, safety grant for $75,000 to make fire State government in Iowa, which se- Stewart is proud to be able to share ex- system, exit lighting and electrical im- lects worthy school districts to receive periences firsthand with them, like provements in the district. these grants for a range of renovation earlier this year when an 87-year-old and repair efforts—everything from up- veteran who served aboard the USS Excellent schools do not just pop up dating fire safety systems to building Pennsylvania at Pearl Harbor on De- like mushrooms after a rain. They are new schools or renovating existing fa- cember 7, 1941, told his story to Stew- the product of vision, leadership, per- cilities. In many cases, this Federal art’s class. In fact, Stewart’s extraor- sistence, and a tremendous amount of funding is used to leverage public and/ dinary efforts were recently rewarded collaboration among local officials and or private local funding, so it often has when he was honored as one of three concerned citizens. I salute the entire a tremendous multiplier effect in a Idaho recipients of the Veterans of For- staff, administration, and governance local school district. eign Wars Idaho Teacher of the Year in the Ade-DeSoto-Minburn Commu- for 2007–2008. nity School District. In particular, I The Center Point-Urbana Community Stewart has been the featured speak- would like to recognize the leadership School District received a 2002 Harkin er at more than 40 veterans, civic, or of the board of education—president grant totaling $125,500 which it used to church groups, talking about veterans Tim Canney, vice president Kim Roby, help build a new health and fitness cen- and their influence on our Nation. He Sally Bird, Jen Heins and Steve Meyer ter addition which is used not only by has devoted many years, much energy, and former board members Pat Steele, the school, but by the community as a and great passion to remind us, young Darrell Weems and Paula James. I whole. The district also received two and old, that freedom is not free and would also like to recognize super- fire safety grants totaling $42,152 which that those who have made tremendous intendent Greg Dufoe and former su- it used to replace emergency systems sacrifices for our freedom are a heart- perintendent Timothy Hoffman. throughout the district. felt thank-you away. As we mark the 10th anniversary of Excellent schools do not just pop up I am glad to recognize and thank the Harkin school grant program in like mushrooms after a rain. They are Stewart for his ongoing contributions Iowa, I am obliged to point out that the product of vision, leadership, per- to inspire patriotism, recognize vet- many thousands of school buildings sistence, and a tremendous amount of erans, and promote the civic education and facilities across the United States collaboration among local officials and of our children.∑ are in dire need of renovation or re- concerned citizens. I salute the entire staff, administration, and governance f placement. In my State of Iowa alone, according to a recent study, some 79 in the Center Point-Urbana Commu- ADEL-DESOTO-MINBURN nity School District. In particular, I COMMUNITY EDUCATION percent of public schools need to be up- graded or repaired. The harsh reality is would like to recognize the leadership ∑ Mr. HARKIN. Madam President, in that the average age of school build- of the board of education—president Iowa and across the United States, a ings in the United States is nearly 50 Carol Engelken, Mark Boies, Tammy new school year has begun. As you years. Carolan, Scott Millikin and Dan Jones know, Iowa public schools have an ex- as well as former president Connie cellent reputation nationwide, and Too often, our children visit ultra- Elgin and former members Kelly Bonar Iowa students’ test scores are among modern shopping malls and gleaming and Todd Ramsey. I would also like to the highest in the Nation. sports arenas on weekends, but during recognize superintendent Alan Mar- I would like to take just a few min- the week go to school in rundown or shall, former superintendent Richard utes, today, to salute the dedicated antiquated facilities. This sends ex- Whitehead, athletic director Dan teachers, administrators, and school actly the wrong message to our young Rosendahl and board secretary Kathy board members in the Adel-DeSoto- people about our priorities. We have to Thomas. Minburn Community School District, do better. As we mark the 10th anniversary of and to report on their participation in That is why I am deeply grateful to the Harkin school grant program in a unique Federal partnership to repair the professionals and parents in the Iowa, I am obliged to point out that and modernize school facilities. Adel-DeSoto-Minburn Community many thousands of school buildings This fall marks the 10th year of the School District. There is no question and facilities across the United States Iowa Demonstration Construction that a quality public education for are in dire need of renovation or re- Grant Program. That is its formal every child is a top priority in that placement. In my State of Iowa alone, name, but it is better known among community. I salute them, and wish according to a recent study, some 79 educators in Iowa as the program of them a very successful new school percent of public schools need to be up- Harkin grants for Iowa public schools. year.∑ graded or repaired. The harsh reality is

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.079 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9406 CONGRESSIONAL RECORD — SENATE September 24, 2008 that the average age of school build- the product of vision, leadership, per- Iowa students’ test scores are among ings in the United States is nearly 50 sistence, and a tremendous amount of the highest in the Nation. years. collaboration among local officials and I would like to take just a few min- Too often, our children visit ultra- concerned citizens. I salute super- utes, today, to salute the dedicated modern shopping malls and gleaming intendent Mike Wells, the entire staff, teachers, administrators, and school sports arenas on weekends, but during administration, and governance in the board members in the Hampton-Du- the week go to school in rundown or Corning Community School District. In mont Community School District, and antiquated facilities. This sends ex- particular, I would like to recognize to report on their participation in a actly the wrong message to our young the leadership of the board of edu- unique Federal partnership to repair people about our priorities. We have to cation—president Gary Goldsmith, and modernize school facilities. do better. Ralph Morales, Lori Harvey, Dr. Anna This fall marks the 10th year of the That is why I am deeply grateful to Leonard, and Shelly Barton and former Iowa Demonstration Construction the professionals and parents in the members Nancy Turner, Pastor Andy Grant Program. That is its formal Center Point-Urbana Community Rubenking, and Reldon Ramsey, along name, but it is better known among School District. There is no question with former superintendent, Gregg educators in Iowa as the program of Harkin grants for Iowa public schools. that a quality public education for Fuerstenau. Gary Goldsmith insisted Since 1998, I have been fortunate to se- every child is a top priority in that that the necessary improvements be cure a total of $121 million for the community. I salute them, and wish made and that the school provide a safe State government in Iowa, which se- them a very successful new school learning environment for all children. lects worthy school districts to receive year.∑ In addition, I applaud the efforts of these grants for a range of renovation Gary Swartz with the Iowa Department f and repair efforts—everything from up- of Education who provided guidance CORNING COMMUNITY EDUCATION dating fire safety systems to building with the grant writing procedure and new schools or renovating existing fa- ∑ Mr. HARKIN. Madam President, in high school principal Kent Jorgensen Iowa and across the United States, a cilities. In many cases, this Federal who assisted with the grant application funding is used to leverage public and/ new school year has begun. As you and who demonstrated an unwavering know, Iowa public schools have an ex- or private local funding, so it often has dedication to the students. Others who a tremendous multiplier effect in a cellent reputation nationwide, and assisted the district with the Harkin Iowa students’ test scores are among local school district. grants are: Don Kenworthy, retired The Hampton-Dumont Community the highest in the Nation. teacher/electrician who did much of School District received a 2002 Harkin I would like to take just a few min- the work and shared his expertise grant totaling $1 million which it used utes, today, to salute the dedicated throughout the process; Dale Rohe to help build an addition and make ren- teachers, administrators, and school from Feld Equipment for assisting the ovations to Southside Elementary. board members in the Corning Commu- district in prioritizing needs and in- This school is a modern, state-of-the- nity School District, and to report on stalling the fire detection system; art facility that befits the educational their participation in a unique Federal mayor Guy Brace for his local support ambitions and excellence of this school partnership to repair and modernize and guidance; and Chris Boswell, main- district. Indeed, it is the kind of school school facilities. tenance director who provided the facility that every child in America de- This fall marks the 10th year of the labor force for the work and assisted serves. The district also received two Iowa Demonstration Construction with the repairs. fire safety grants totaling $152,000 to Grant Program. That is its formal As we mark the 10th anniversary of upgrade the fire alarms systems and name, but it is better known among the Harkin school grant program in make other repairs at schools in the educators in Iowa as the program of Iowa, I am obliged to point out that district. Harkin grants for Iowa public schools. many thousands of school buildings Excellent schools do not just pop up Since 1998, I have been fortunate to se- and facilities across the United States like mushrooms after a rain. They are cure a total of $121 million for the are in dire need of renovation or re- the product of vision, leadership, per- State government in Iowa, which se- placement. In my State of Iowa alone, sistence, and a tremendous amount of lects worthy school districts to receive according to a recent study, some 79 collaboration among local officials and these grants for a range of renovation percent of public schools need to be up- concerned citizens. I salute the entire and repair efforts—everything from up- graded or repaired. The harsh reality is staff, administration, and governance dating fire safety systems to building that the average age of school build- in the Hampton-Dumont Community new schools or renovating existing fa- ings in the United States is nearly 50 School District. In particular, I would cilities. In many cases, this Federal years. like to recognize the leadership of the funding is used to leverage public and/ Too often, our children visit ultra- board of education—president John or private local funding, so it often has modern shopping malls and gleaming Showalter, Kristi Wragge, Verla Pecha, a tremendous multiplier effect in a sports arenas on weekends, but during Ryan Winters, Ron Raney, Scott local school district. the week go to school in rundown or Sackville and Stacy Miller and former The Corning Community School Dis- antiquated facilities. This sends ex- board members Teresa Peterson, David trict received several Harkin fire safe- actly the wrong message to our young Hannah and Harry Birdsell. I would ty grants totaling $193,244 which have people about our priorities. We have to also like to recognize superintendent been vital to the district’s ability to do better. Todd Lettow, former superintendent maintain and keep buildings open. The That is why I am deeply grateful to Leland Morrison, director of mainte- high school was built in 1928 and had the professionals and parents in the nance Vern Wirtjes, elementary prin- been cited by the State Fire Marshall Corning Community School District. cipal Dick Nervig and board secretary for severe deficiencies. As a result of There is no question that a quality Lisa Lewis. this funding, Corning Community public education for every child is a As we mark the 10th anniversary of School District was able to install an top priority in that community. I sa- the Harkin school grant program in automatic door, a state of the art fire lute them, and wish them a very suc- Iowa, I am obliged to point out that detection system, replace all the doors cessful new school year.∑ many thousands of school buildings in the high school with automatic clo- f and facilities across the United States sures, and they are beginning the proc- are in dire need of renovation or re- ess of adding an elevator for students HAMPTON-DUMONT COMMUNITY placement. In my State of Iowa alone, and others who use wheelchairs. The EDUCATION according to a recent study, some 79 Federal grants have made it possible ∑ Mr. HARKIN. Madam President, in percent of public schools need to be up- for the district to provide quality and Iowa and across the United States, a graded or repaired. The harsh reality is safe schools for their students. new school year has begun. As you that the average age of school build- Excellent schools do not just pop up know, Iowa public schools have an ex- ings in the United States is nearly 50 like mushrooms after a rain. They are cellent reputation nationwide, and years.

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.072 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9407 Too often, our children visit ultra- ognize the leadership of the board of The Washington Community School modern shopping malls and gleaming education—Mike Roberts, Cindy District received a 2005 Harkin grant sports arenas on weekends, but during Michel, Robert Schneider, Ed Ossman, totaling $500,000 which was used to up- the week go to school in rundown or Kevin Engel, Bruce Temple and Becky grade all the facilities in the district antiquated facilities. This sends ex- Hanson and former board members Te- including an addition to Stewart Ele- actly the wrong message to our young resa Greiner, Sandra Duwa, Denny mentary School. The district also re- people about our priorities. We have to Klein, Vaughn Davisson, Craig Slay ceived $200,000 in fire safety grants do better. and Rodney Cole. I would also like to since 2003 for a fire alarm system at That is why I am deeply grateful to recognize superintendent Chris Arm- the high school and repairs at Lincoln, the professionals and parents in the strong and former superintendent Stewart and Washington schools. The Hampton-Dumont Community School Carol Montz. Federal grants have made it possible District. There is no question that a As we mark the 10th anniversary of for the district to provide quality and quality public education for every the Harkin school grant program in safe schools for their students. child is a top priority in that commu- Iowa, I am obliged to point out that Excellent schools do not just pop up nity. I salute them, and wish them a many thousands of school buildings like mushrooms after a rain. They are very successful new school year.∑ and facilities across the United States the product of vision, leadership, per- f are in dire need of renovation or re- sistence, and a tremendous amount of placement. In my State of Iowa alone, collaboration among local officials and HIGHLAND COMMUNITY according to a recent study, some 79 concerned citizens. I salute the entire EDUCATION percent of public schools need to be up- staff, administration, and governance ∑ Mr. HARKIN. Madam President, in graded or repaired. The harsh reality is in the Washington Community School Iowa and across the United States, a that the average age of school build- District. In particular, I would like to new school year has begun. As you ings in the United States is nearly 50 recognize the leadership of the board of know, Iowa public schools have an ex- years. education—Tim Orris, Patty Roe, Heidi cellent reputation nationwide, and Too often, our children visit ultra- Vittetoe, Deb Stanton, Eric Turner, Iowa students’ test scores are among modern shopping malls and gleaming Ron Goodwin, and Cathy Rich and the highest in the Nation. sports arenas on weekends, but during former board members Jim Gorham I would like to take just a few min- the week go to school in rundown or and Vickie Reighard. I would also like utes, today, to salute the dedicated antiquated facilities. This sends ex- to recognize superintendent Dave teachers, administrators, and school actly the wrong message to our young Schmitt. board members in the Highland Com- people about our priorities. We have to As we mark the 10th anniversary of munity School District, and to report do better. the Harkin School Grant Program in on their participation in a unique Fed- That is why I am deeply grateful to Iowa, I am obliged to point out that eral partnership to repair and mod- the professionals and parents in the many thousands of school buildings ernize school facilities. Highland Community School District. and facilities across the United States This fall marks the 10th year of the There is no question that a quality are in dire need of renovation or re- Iowa Demonstration Construction public education for every child is a placement. In my State of Iowa alone, Grant Program. That is its formal top priority in that community. I sa- according to a recent study, some 79 name, but it is better known among lute them, and wish them a very suc- percent of public schools need to be up- educators in Iowa as the program of cessful new school year.∑ graded or repaired. The harsh reality is Harkin grants for Iowa public schools. f that the average age of school build- Since 1998, I have been fortunate to se- ings in the United States is nearly 50 WASHINGTON COMMUNITY cure a total of $121 million for the years. EDUCATION State government in Iowa, which se- Too often, our children visit ultra- lects worthy school districts to receive ∑ Mr. HARKIN. Madam President, in modern shopping malls and gleaming these grants for a range of renovation Iowa and across the United States, a sports arenas on weekends, but during and repair efforts—everything from up- new school year has begun. As you the week go to school in rundown or dating fire safety systems to building know, Iowa public schools have an ex- antiquated facilities. This sends ex- new schools or renovating existing fa- cellent reputation nationwide, and actly the wrong message to our young cilities. In many cases, this Federal Iowa students’ test scores are among people about our priorities. We have to funding is used to leverage public and/ the highest in the Nation. do better. or private local funding, so it often has I would like to take just a few min- That is why I am deeply grateful to a tremendous multiplier effect in a utes, today, to salute the dedicated the professionals and parents in the local school district. teachers, administrators, and Washington Community School Dis- The Highland Community School schoolboard members in the Wash- trict. There is no question that a qual- District received a 2000 Harkin grant ington Community School District, ity public education for every child is a totaling $500,000 which was used to help and to report on their participation in top priority in that community. I sa- build an addition to the middle school. a unique Federal partnership to repair lute them, and wish them a very suc- This addition is a modern, state-of-the- and modernize school facilities. cessful new school year.∑ art facility that befits the educational This fall marks the 10th year of the f ambitions and excellence of this school Iowa Demonstration Construction district. The district also has received Grant Program. That is its formal RECOGNIZING AMERICAN LEGION two fire safety grants totaling $46,400 name, but it is better known among POST 75 to install heat detectors, emergency educators in Iowa as the program of ∑ Mr. KOHL. Madam President, on lighting and make other repairs Harkin grants for Iowa public schools. July 19, 2008, American Legion Post 75 throughout the district. The Federal Since 1998, I have been fortunate to se- in Fond du Lac, WI, named its building grants have made it possible for the cure a total of $121 million for the in honor of James Megellas. James district to provide quality and safe State government in Iowa, which se- Megellas is one of Fond du Lac’s favor- schools for their students. lects worthy school districts to receive ite sons and this is indeed a fitting Excellent schools do not just pop up these grants for a range of renovation honor. I congratulate Post 75 and want like mushrooms after a rain. They are and repair efforts—everything from up- to take a moment to honor James the product of vision, leadership, per- dating fire safety systems to building Megellas’ service to our country. sistence, and a tremendous amount of new schools or renovating existing fa- Mr. Megellas was a student at Ripon collaboration among local officials and cilities. In many cases, this Federal College in Ripon, WI, when Pearl Har- concerned citizens. I salute the entire funding is used to leverage public and/ bor was attacked. Upon his graduation staff, administration, and governance or private local funding, so it often has in 1942, he accepted an ROTC commis- in the Highland Community School a tremendous multiplier effect in a sion as a second lieutenant in the in- District. In particular, I’d like to rec- local school district. fantry and shortly thereafter faced

VerDate Aug 31 2005 06:11 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.075 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9408 CONGRESSIONAL RECORD — SENATE September 24, 2008 combat in the mountains near Venafro, we celebrate that official charter and globally aware. Under their leadership, Italy. In 1943 he took part in Operation recognize all those who made Spencer the company has soared to even newer Shingle. In early 1944 he was part of an what it is today, and those who will heights. amphibious assault at Anzio. Heavy help fulfill its future promise. This year, Wilbur Yachts celebrated losses prevented his unit from taking Spencer currently has a population of its 35th anniversary, hosting owners of part in D-day in Normandy. Instead, nearly 2,300. These residents have real- boats which the firm has built for a they parachuted into Holland under ly made their home a warm, special traditional Marine lobster bake. Com- Operation Market Garden, the airborne place to live and visit. And they’re ing from every corner of the globe, the invasion of the Netherlands. Under proud of the events and activities that owners of this impressive international heavy gunfire, memorialized in the help define their beloved town and fleet are a testament to the excep- film ‘‘A Bridge Too Far’’, he took part honor its history. Presently, Spencer tional nature of Wilbur’s yachts. Over in the famous crossing of the Waal hosts a variety of outdoor events that the years, the firm’s remarkable crafts River. draw hundreds of people each year. The have been lauded by the likes of Power In December of 1944, his unit was Black Walnut Festival is filled with ex- Cruising, Power & Motoryacht, and rushed into the Battle of the Bulge. In citing attractions—from baking con- Motorboating magazines. January 1945, as his platoon advanced tests and car shows, to grand parades Just as impressive as the company’s toward Herresbach, Belgium, against and golf tournaments. The Tour de proud history and enduring commit- heavy snow and freezing cold, they sur- Lake brings mountain bike racers from ment to excellence is Wilbur Yachts’ prised some 200 German troops who all over the State to compete at the dedication to protecting the environ- were advancing out of town. Megellas’s scenic Charles Fork Lake. These ment in which it works. The State of platoon dealt them a serious blow. In events, coupled only with the warmth Maine recently awarded Wilbur Yachts an act of incredible bravery, Megellas of its people, make Spencer a place the gold certification in its Maine ran toward a German Mark V tank as people want to visit time and again. Clean Boatyards and Marinas Program. it was taking aim toward his platoon. Spencer is an extraordinary town The program identifies and highlights He disabled the tank with a single gre- that embodies the greatness and companies that meet or exceed Federal nade then, climbing atop, dropped an- uniqueness of rural America. Its long and State environmental standards in other into the tank saving many of his history and diverse attractions and its five specific areas of evaluation, in- men. terrific, one-of-a-kind people represent cluding waste disposal and storage, and In 1946 he led his company down 5th the very best of our Mountain State. I boat sewage and pump-outs. This honor Avenue in New York in the Victory Pa- hope I have given my colleagues and is truly unparalleled, as to date no rade. His awards have appropriately the rest of our nation just a glimpse of other boatyard has been acknowledged been many, including Silver Stars, our little town of Spencer—which is big with this designation, the program’s Bronze Stars, Purple Hearts and the and great in so many ways.∑ highest level of recognition. While Wil- Distinguished Service Cross. He has f bur Yachts had previously held the sil- been honored by the Government of ver certification, the most recent eval- HONORING WILBUR YACHTS Holland with the Military Order of uation by an independent panel gave Willhelm Orange Lanyard. ∑ Ms. SNOWE. Madam President, grow- the company perfect ratings in all five This son of Fond du Lac served his ing and maintaining a successful small groups. country with honor and bravery. I com- business is often challenging, but in Second-generation owners Ingrid and mend him and congratulate American the end, many find that the rewards John Kachmar have led Wilbur Yachts Legion Post 75 for bestowing this honor are beyond measure. Even more dif- to improve safety and reduce environ- on one of Wisconsin’s finest.∑ ficult can be forming a successful and mental impact while simultaneously f environmentally conscientious busi- cultivating a company where, accord- ness, but with the extra trials come ing to its motto, ‘‘Maine Tradition SPENCER, WEST VIRGINIA, even greater benefits. I wish to honor a Meets Modern Technology.’’ I applaud CELEBRATION small business from my home State of both the company’s owners and its em- ∑ Mr. ROCKEFELLER. Madam Presi- Maine that has risen to the top and has ployees for all of their efforts in pro- dent, today I honor the town of Spen- been recognized for its unsurpassed ef- ducing yachts in an environmentally cer, WV, which is celebrating its 150th forts in sustaining an environmentally responsible manner and wish them the anniversary. Spencer is a town with a friendly business. For 35 years, Wilbur best of luck for the future.∑ long, rich history that is proudly con- Yachts of Southwest Harbor has helped f sidered by some as West Virginia’s to set the standard in the field of cus- largest small city. It is located cen- tom motorboat construction, and for TRIBUTE TO CANYON LAKE ALL- trally in West Virginia and is filled the last several years, the firm has be- STAR LITTLE LEAGUE TEAM with lots of character and many won- come an unparalleled leader in helping ∑ Mr. THUNE. Madam President, today derful people. And I am proud stand to challenge Maine’s marine industry I honor the Canyon Lake All-Star Lit- here today to brag about this town’s to protect the State’s pristine environ- tle League team on becoming the first fine citizens and share their story. ment. team from South Dakota to qualify Even from the earliest days, the peo- In 1973, Lee Wilbur left the field of and play in the Little League World ple of Spencer have been tough, re- education to become a boat builder. Series in Williamsport, PA. sourceful, and committed to making Over the next 28 years, because of Mr. The Canyon Lake All-Star Little good lives for their families. The his- Wilbur’s stalwart resolve and unrelent- League team’s journey to the World tory of the great town of Spencer ing desire to effect positive change, he Series was one filled with great excite- began in 1812 when the first settlers, transformed Wilbur Yachts into a com- ment and execution. After a turbulent Samuel Tanner and Jonathan Wolfe, pany that is widely respected both in first three innings in the qualifying sought shelter for their families in a Maine and nationwide for its high-qual- game, Canyon Lake scored three runs large cave. The area was so beautiful ity boats and commitment to environ- in the bottom of the fourth capturing that others decided to make it their mental excellence. For years, Mr. Wil- the lead. They continued their rally home as well. As more settlers gath- bur collaborated with other boat mak- into the fifth inning where they scored ered, the town evolved. The town’s ers, building vessels for a diverse array another four runs defeating the Coon name was changed from Tanner’s Cross of clients ranging from the Smithso- Rapids Little League team with a final Road to Cassville and then to New Cali- nian Institution to pop singer Billy score of 7–1. fornia when a settler stopped by on his Joel. In 2001, Mr. Wilbur and his wife Canyon Lake was led by manager way to California. Heidi sold the business to their daugh- Doug Simons and assistant managers In 1858, the town was officially char- ter Ingrid and her husband John Jeff Minnick and Steve Nolan. Of tered by the Virginia General Assem- Kachmar, who have embraced the long- course, this historic season would be bly and renamed Spencer, reportedly in standing tradition of providing impossible without the players them- honor of Judge Spencer Roane. Today unrivaled products while remaining selves. The athletes of the 2007–2008

VerDate Aug 31 2005 06:11 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.017 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9409 Canyon Lake All-Star Little League rior skills as a leader, planner and ant colonel in medical administration, team, in alphabetical order, are as fol- communicator led to several notable but his desire to serve others contin- lows: Logan Anderson, Cale Fierro, assignments in the Pentagon with ued. Following his retirement Art Tanner Hagen, Jonah Hanson, Bill Hen- tours on the Army Staff, the Office of worked in the veteran’s administration dricks, Matt Minnick, TJ Nolan, Mark the Chairman of the Joint Chiefs of in California and volunteered for 7 Petereit, Jesse Riddle, Tanner Simons, Staff, and the Office of the Secretary of years with the Red Cross. Art moved to Carter Wevik, Matt Wilson, and Alec Defense. Rapid City, SD, in 1996 and imme- Winter. The Army recognized the unique diately became an active and valuable As a father of two student athletes, I abilities of Colonel Blanchard and se- member of the Rapid City Community. know firsthand how much time and ef- lected him as one of four Active Army Since Art moved to the Rapid City fort is needed from parents and fami- officers to serve as a Congressional area, he has volunteered himself to lies in order for our children to suc- Fellow in 2003. In that capacity he countless organizations including the ceed. It is because of their support that served this body for a year in the office Humane Society, the Pennington Coun- these young people were able to reach of Senator Mark Dayton from Min- ty Sheriff’s Department, CASA, and this outstanding accomplishment. All nesota. This assignment led to other the Meals Program. His selfless devo- of these families should be commended legislative liaison assignments in the tion and faithful service to others and for the dedication they put forth to Army and the Joint Staff. to his community is truly commend- support their children. When the first U.S. congressional del- able. All of these players should be com- egation to Libya in 35 years occurred, It gives me great pleasure to con- mended for their efforts. These athletes then-Lieutenant Colonel Blanchard gratulate Art Dawson for receiving this should be very proud of all their re- was selected to escort and coordinate honorable award, and thank him for all markable achievements. On behalf of the logistical challenges and country his years of service to South Dakota the State of South Dakota, I am please schedules for the trip. He was also in- and our Nation.∑ to say congratulations Canyon Lake strumental in improving the Army’s f All-Stars on this impressive accom- process for congressional notification TRIBUTE TO KRISTIE FIEGEN plishment and keep up the good work.∑ of our fallen soldiers, and for improv- ∑ f ing the Army’s responsiveness to the Mr. THUNE. Madam President, today tens of thousands of inquiries it re- I recognize the accomplishments of TRIBUTE TO COLONEL GREGG ceives annually from Members of Con- Junior Achievement of South Dakota. BLANCHARD gress. In particular, I would like to congratu- ∑ Mr. THUNE. Madam President, today In his current assignment as the Dep- late the organization’s President, I rise to pay tribute to COL Gregg uty Legislative Assistant to the Chair- Kristie Fiegen, for winning JA Blanchard, U.S. Army, on the occasion man of the Joint Chiefs of Staff, Colo- Worldwide’s 2008 Charles R. Hook of his retirement after over 21 years of nel Blanchard provides critical assist- Award. This award is bestowed on one dedicated service. He is a true patriot ance to the Senate Foreign Relations Junior Achievement executive annu- and exceptional military leader—a liv- Committee and to the Senate Select ally, and is the top honor for JA Presi- ing example of what is good about Committee on Intelligence. His advice dents who demonstrate superior results America. and counsel is regularly sought by sen- in promoting the growth and develop- Colonel Blanchard and his wife, Barb, ior defense leaders in the Army, the ment of Junior Achievement in their both hail from Rapid City, SD. ‘‘Doc,’’ Joint Community and by Members of area. as he is known to his friends, is a proud Congress and their staffs. Junior Achievement is the world’s graduate of Rapid City Central High For over 21 years, Colonel Blanchard largest organization dedicated to School and the University of South Da- served this great country from loca- teaching students in Kindergarten kota. Barb graduated from Rapid City tions all across the world. Whether through 12th grade about the impor- Stevens High School, and from Na- mentoring and training young troops tance of economics, entrepreneurism, tional College in Rapid City. as a commander, providing for soldiers and financial literacy. The organiza- Colonel Blanchard served success- in combat, developing and affecting tion reaches over 9 million students fully in every echelon of the Army, policy in the Pentagon, or working around the world each year, with over from the platoon to the theater army. with Congress, he served with honor 130 local offices in the United States He commanded troops at the company and distinction. He will indeed be re- and operations in over 110 countries and battalion level and served a com- membered as an exceptional officer, a worldwide. One of the things that bat tour in Iraq as the Deputy G4, V true patriot, a courageous warrior and makes JA so unique is its use of adult Corps. As a logistics officer, Colonel a dedicated leader with the highest in- volunteers to bring business to life for Blanchard’s entire career has been de- tegrity and compassion for all who had students. In the U.S. alone, young peo- voted to the care and support of his fel- the distinct honor of serving with him. ple in more than 188,000 classrooms low soldiers and their families. Over 9 Barb and their children, Brittany and benefit annually from these positive of his 21 years were served overseas, Alex, have demonstrated unwavering role models. where he tirelessly focused on sup- support throughout Colonel Blan- Kristie is clearly deserving of receiv- porting our warriors and their families. chard’s distinguished career. This Na- ing this year’s Hook Award. She has He commanded the 701st Main Sup- tion is also grateful for their sacrifices served as President of Junior Achieve- port Battalion of the famous 1st Infan- that enabled Colonel Blanchard to ment of South Dakota since 1994. Dur- try Division—the Big Red One. In this serve with such distinction. Wherever ing this period, she has increased the assignment, he supervised the training he served, COL Gregg Blanchard set organization’s reach from 2 percent to and welfare of over 1,100 soldiers and the highest standards of service, pro- more than 28 percent of all South Da- their families. His superb leadership fessionalism and leadership.∑ kota students. The organization now and organizational ability were critical f reaches over 37,000 South Dakota stu- to the smooth redeployment of the di- dents, impacting over 1,700 classrooms. vision from Germany to the United TRIBUTE TO ART DAWSON The organization’s programs are pro- States during the drawdown of forces ∑ Mr. THUNE. Madam President, today vided at no cost to schools and are in Europe. Colonel Blanchard’s superb I honor Art Dawson of Rapid City, SD, funded entirely through the private leadership and positive attitude were for receiving the President’s Volunteer sector. contagious and inspired everyone Service Award for volunteering 4,000 Especially in the current economic around him to give their best effort. hours to his community and to the Na- climate, teaching students the impor- As the Deputy G4, V Corps and Dep- tion over the course of his lifetime. tance of economics and financial lit- uty C–4, Multi-National Corps—Iraq, Art Dawson’s outstanding service for eracy is of the utmost importance, and Colonel Blanchard supervised logistical others began in 1950 when he joined the I congratulate Kristie Fiegen and Jun- support to all forces operating in the U.S. Army. After 30 dedicated years in ior Achievement of South Dakota for Iraq Theater of Operations. His supe- the military, Art retired as a lieuten- their efforts in South Dakota.∑

VerDate Aug 31 2005 06:11 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.080 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9410 CONGRESSIONAL RECORD — SENATE September 24, 2008 TRIBUTE TO ROSS A. MURPHEY H.R. 5244. An act to amend the Truth in struction and related activities in support of ∑ Lending Act to establish fair and trans- the Very Energetic Radiation Imaging Tele- Mr. THUNE. Madam President, today parent practices relating to the extension of scope Array System (VERITAS) project in I honor Ross A. Murphey, a great pa- credit under an open end consumer credit Arizona. triot and first Sergeant in the South plan, and for other purposes. S.J. Res. 45. Joint resolution expressing Dakota National Guard. Ross was the H.R. 5352. An act to protect seniors in the the consent and approval of Congress to an longest serving enlisted personnel in United States from elder abuse by estab- interstate compact regarding water re- the history of the South Dakota Na- lishing specialized elder abuse prosecution sources in the Great Lakes-St. Lawrence tional Guard. and research programs and activities to aid River Basin. Ross Murphey began his outstanding victims of elder abuse, to provide training to H.R. 3986. An act to amend the John F. prosecutors and other law enforcement re- Kennedy Center Act to authorize appropria- service in the South Dakota National lated to elder abuse prevention and protec- tions for the John F. Kennedy Center for the Guard on March 13, 1966. As a senior in tion, to establish programs that provide for Performing Arts, and for other purposes. high school, Ross served in Head- emergency crisis response teams to combat H.R. 6889. An act to extend the authority of quarters and Headquarters Company in elder abuse, and for other purposes. the Secretary of Education to purchase guar- the 109th Battalion. Ross remained H.R. 5443. An act to improve defense co- anteed student loans for an additional year, with the 109th until January 4, 1968, operation between the Republic of Korea and and for other purposes. when the 842nd Engineer Company was the United States. H.R. 6893. An act to amend parts B and E H.R. 6646. An act to require the Secretary formed in Northern Black Hills Region. of title IV of the Social Security Act to con- of State, in consultation with the Secretary nect and support relative caregivers, im- He spent the next 37 years with the of Defense, to provide detailed briefings to prove outcomes for children in foster care, 842nd and eventually was transferred to Congress on any recent discussions con- provide for tribal foster care and adoption Camp Rapid in Rapid City, SD. He ducted between United States Government access, improve incentives for adoption, and served with Camp Rapid from Sep- and the Government of Taiwan and any po- for other purposes. tember 14, 2005, until his retirement on tential transfer of defense articles or defense The enrolled bills and joint resolu- services to the Government of Taiwan. August 13, 2008. Ross’ leadership and tions were subsequently signed by the commitment to the National Guard The message further announced that President pro tempore (Mr. BYRD). have been recognized numerous times, the House has passed the following including meritorious service medals, bills, without amendment: At 7:27 p.m., a message from the state awards and the Bronze DeFleury S. 1760. An act to amend the Public Health House of Representatives, delivered by award. Service Act with respect to the Healthy Ms. Niland, one of its reading clerks, With hard work and dedication, Ross Start Initiative. announced that the House has passed obtained a senior grade rank of First S. 3241. An act to designate the facility of the following bills, in which it requests the United States Postal Service located at Sergeant. He served multiple times 1717 Orange Avenue in Fort Pierce, Florida, the concurrence of the Senate: with the 842nd, including time served as the ‘‘CeeCee Ross Lyles Post Office Build- H.R. 7005. An act to amend the Internal in Operation Enduring Freedom/Oper- ing’’. Revenue Code of 1986 to provide alternative ation Iraqi Freedom at Baghdad Inter- The message also announced that the minimum tax relief for individuals for 2008. H.R. 7006. An act to amend the Internal national Airport. House has passed the following bill, Ross’ devoted service to country and Revenue Code of 1986 to provide disaster as- with an amendment, in which it re- sistance relief. longevity are an inspiration to us all. quests the concurrence of the Senate: Ross Murphey served the South Dakota f S. 3001. An act to authorize appropriations National Guard with commitment and for fiscal year 2009 for military activities of EXECUTIVE AND OTHER honor. I commend him for his 42 years the Department of Defense, for military con- COMMUNICATIONS of service to South Dakota and to our struction, and for defense activities of the ∑ The following communications were country. Department of Energy, to prescribe military laid before the Senate, together with f personnel strengths for such fiscal year, and for other purposes. accompanying papers, reports, and doc- uments, and were referred as indicated: MESSAGES FROM THE HOUSE The message further announced that At 9:30 a.m., a message from the the House has agreed to the following EC–7801. A communication from the Pro- House of Representatives, delivered by gram Analyst, Federal Aviation Administra- concurrent resolutions, in which it re- tion, Department of Transportation, trans- Ms. Niland, one of its reading clerks, quests the concurrence of the Senate: mitting, pursuant to law, the report of a rule announced that the House has passed H. Con. Res. 371. Concurrent resolution entitled ‘‘Airworthiness Directives; Boeing the following bills, in which it requests strongly supporting an immediate and just Model 747–400, –400D, and –400F Series Air- the concurrence of the Senate: restitution of, or compensation for, property planes’’ ((RIN2120–AA64)(Docket No. FAA– H.R. 6894. An act to extend and reauthorize illegally confiscated during the last century 2007–28386)) received on August 20, 2008; to the Defense Production Act of 1950, and for by Nazi and Communist regimes. the Committee on Commerce, Science, and other purposes. H. Con. Res. 374. Concurrent resolution Transportation. H.R. 6965. An act to extend the authoriza- supporting Christian, Jewish, and Muslim EC–7802. A communication from the Pro- tion of the national flood insurance program, interfaith dialogue that promotes peace, un- gram Analyst, Federal Aviation Administra- and for other purposes. derstanding, unity, and religious freedom. tion, Department of Transportation, trans- The message also announced that the f mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Dassault House agrees to the amendments of the ENROLLED BILLS AND JOINT Model Mystere-Falcon 50 Airplanes’’ Senate to the bill (H.R. 5834) to amend RESOLUTIONS SIGNED ((RIN2120–AA64)(Docket No. FAA–2008–0118)) the North Korean Human Rights Act of At 5:30 p.m., a message from the received on August 20, 2008; to the Com- 2004 to promote respect for the funda- House of Representatives, delivered by mittee on Commerce, Science, and Transpor- mental human rights of the people of Mrs. Cole, one of its reading clerks, an- tation. North Korea, and for other purposes. EC–7803. A communication from the Pro- nounced that the Speaker has signed gram Analyst, Federal Aviation Administra- At 3:26 p.m., a message from the the following enrolled bills and joint tion, Department of Transportation, trans- House of Representatives, delivered by resolutions: mitting, pursuant to law, the report of a rule Mrs. Cole, one of its reading clerks, an- S. 171. An act to designate the facility of entitled ‘‘Airworthiness Directives; Boeing nounced that the House has passed the the United States Postal Service located at Model 747–200F, 747–300, 747–400, and 747–400D 301 Commerce Street in Commerce, Okla- Series Airplanes’’ ((RIN2120–AA64)(Docket following bills, in which it requests the homa, as the ‘‘Mickey Mantle Post Office No. FAA–2007–0045)) received on August 20, concurrence of the Senate: Building’’. 2008; to the Committee on Commerce, H.R. 642. An act to establish the Honorable S. 2135. An act to prohibit the recruitment Science, and Transportation. Stephanie Tubbs Jones Fire Suppression or use of child soldiers, to designate persons EC–7804. A communication from the Pro- Demonstration Incentive Program within who recruit or use child soldiers as inadmis- gram Analyst, Federal Aviation Administra- the Department of Education to promote in- sible aliens, to allow the deportation of per- tion, Department of Transportation, trans- stallation of fire sprinkler systems, or other sons who recruit or use child soldiers, and mitting, pursuant to law, the report of a rule fire suppression or prevention technologies, for other purposes. entitled ‘‘Airworthiness Directives; Boeing in qualified student housing and dormitories, S.J. Res. 35. Joint resolution to amend Model 737–100, –200, –200C, –300, –400, and –500 and for other purposes. Public Law 108–331 to provide for the con- Series Airplanes’’ ((RIN2120–AA64)(Docket

VerDate Aug 31 2005 06:11 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.064 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9411 No. FAA–2007–28383)) received on August 20, Air Limited Model DHC–2 Series Airplanes’’ EC–7822. A communication from the Pro- 2008; to the Committee on Commerce, ((RIN2120–AA64)(Docket No. FAA–2008–0393)) gram Analyst, Federal Aviation Administra- Science, and Transportation. received on August 20, 2008; to the Com- tion, Department of Transportation, trans- EC–7805. A communication from the Pro- mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tation. entitled ‘‘Airworthiness Directives; Cessna tion, Department of Transportation, trans- EC–7814. A communication from the Pro- Aircraft Company Model 525 Airplanes’’ mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- ((RIN2120–AA64) (Docket No. FAA–2008–0306)) entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- received on August 20, 2008; to the Com- Model 737–600, –700, –700C, –800, and –900 Se- mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- ries Airplanes’’ ((RIN2120–AA64)(Docket No. entitled ‘‘Airworthiness Directives; Agusta tation. FAA–2007–28384)) received on August 20, 2008; S.p.A. Model A109E, A109S, and A119 Heli- EC–7823. A communication from the Pro- to the Committee on Commerce, Science, copters’’ ((RIN2120–AA64)(Docket No. FAA– gram Analyst, Federal Aviation Administra- and Transportation. 2008–0630)) received on August 20, 2008; to the tion, Department of Transportation, trans- EC–7806. A communication from the Pro- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Transportation. entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- EC–7815. A communication from the Pro- Model 777 Airplanes’’ ((RIN2120–AA64) (Dock- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- et No. FAA–2007–0393)) received on August 20, entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- 2008; to the Committee on Commerce, Model 757 Airplanes’’ ((RIN2120– mitting, pursuant to law, the report of a rule Science, and Transportation. AA64)(Docket No. FAA–2006–26710)) received entitled ‘‘Airworthiness Directives; Sandel EC–7824. A communication from the Pro- on August 20, 2008; to the Committee on Avionics Incorporated Model ST3400 Terrain gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. Awareness Warning System/Radio Magnetic tion, Department of Transportation, trans- EC–7807. A communication from the Pro- Indicator (TAWS/RMI) Units Approved Under mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Technical Standard Order(s) C113, C151a, or entitled ‘‘Airworthiness Directives; Bom- tion, Department of Transportation, trans- C151b; Installed on Various Small and Trans- bardier Model CL–600–2B19 (Regional Jet Se- mitting, pursuant to law, the report of a rule port Category Airplanes’’ ((RIN2120– ries 100 & 440) Airplanes’’ ((RIN2120–AA64) entitled ‘‘Airworthiness Directives; Air Trac- AA64)(Docket No. FAA–2007–0290)) received (Docket No. FAA–2008–0363)) received on Au- tor, Inc. AT–400, AT–500, AT–600, and AT–800 on August 20, 2008; to the Committee on gust 20, 2008; to the Committee on Com- Series Airplanes’’ ((RIN2120–AA64)(Docket Commerce, Science, and Transportation. merce, Science, and Transportation. No. FAA–2007–0258)) received on August 20, EC–7816. A communication from the Pro- EC–7825. A communication from the Pro- 2008; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Science, and Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–7808. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Airbus entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- Model A310 and A300–600 Series Airplanes’’ Model 737–600, –700, –700C, –800 and –900 Series mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(Docket No. FAA–2008–0048)) Airplanes’’ ((RIN2120–AA64) (Docket No. entitled ‘‘Airworthiness Directives; Boeing received on August 20, 2008; to the Com- FAA–2007–27740)) received on August 20, 2008; Model 747–100, 747–100B, 747–100B SUD, 747– mittee on Commerce, Science, and Transpor- to the Committee on Commerce, Science, 200B, 747–200C, 747–200F, 747–300, 747SR, and tation. and Transportation. EC–7817. A communication from the Pro- EC–7826. A communication from the Pro- 747SP Series Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- AA64)(Docket No. FAA–2007–28385)) received tion, Department of Transportation, trans- tion, Department of Transportation, trans- on August 20, 2008; to the Committee on mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Boeing entitled ‘‘Revision of Legal Descriptions of EC–7809. A communication from the Pro- Model 737–100, –200, and –200C Series Air- Multiple Federal Airways in the Vicinity of gram Analyst, Federal Aviation Administra- planes’’ ((RIN2120–AA64)(Docket No. FAA– Farmington, NM’’ ((RIN2120–AA66) (Docket tion, Department of Transportation, trans- 2007–29069)) received on August 20, 2008; to No. FAA–2008–0186)) received on August 20, mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and 2008; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; BAE Transportation. Science, and Transportation. Systems (Operations) Limited Model BAe 146 EC–7818. A communication from the Pro- EC–7827. A communication from the Pro- and Model Avro 146–RJ Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- AA64)(Docket No. FAA–2007–0371)) received tion, Department of Transportation, trans- tion, Department of Transportation, trans- on August 20, 2008; to the Committee on mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Boeing entitled ‘‘Airworthiness Directives; EADS EC–7810. A communication from the Pro- Model 767–200, –300, –300F, and –400ER Series SOCATA Model TBM 700 Airplanes’’ gram Analyst, Federal Aviation Administra- Airplanes’’ ((RIN2120–AA64)(Docket No. ((RIN2120–AA64) (Docket No. FAA–2008–0527)) tion, Department of Transportation, trans- FAA–2007–28388)) received on August 20, 2008; received on August 20, 2008; to the Com- mitting, pursuant to law, the report of a rule to the Committee on Commerce, Science, mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives; Airbus and Transportation. tation. Model A318, A319, A320, and A321 Airplanes’’ EC–7819. A communication from the Pro- EC–7828. A communication from the Pro- ((RIN2120–AA64)(Docket No. FAA–2008–0014)) gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- received on August 20, 2008; to the Com- tion, Department of Transportation, trans- tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tation. entitled ‘‘Airworthiness Directives; Lock- entitled ‘‘Airworthiness Directives; Sikorsky EC–7811. A communication from the Pro- heed Model L–1011 Series Airplanes’’ Aircraft Corporation Model S–61A, S–61D, S– gram Analyst, Federal Aviation Administra- ((RIN2120–AA64) (Docket No. FAA–2008–0181)) 61E, and S–61V Helicopters’’ ((RIN2120–AA64) tion, Department of Transportation, trans- received on August 20, 2008; to the Com- (Docket No. FAA–2007–0284)) received on Au- mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- gust 20, 2008; to the Committee on Com- entitled ‘‘Airworthiness Directives; McDon- tation. merce, Science, and Transportation. nell Douglas Model 717–200 Airplanes’’ EC–7820. A communication from the Pro- EC–7829. A communication from the Pro- ((RIN2120–AA64)(Docket No. FAA–2007–0214)) gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- received on August 20, 2008; to the Com- tion, Department of Transportation, trans- tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tation. entitled ‘‘Airworthiness Directives; Rolls- entitled ‘‘Airworthiness Directives; BAE EC–7812. A communication from the Pro- Royce Deutschland Ltd. & Co. KG. (RRD) Systems (Operations) Limited (Jetstream) gram Analyst, Federal Aviation Administra- TAY 650–15 Turbofan Engines’’ ((RIN2120– Model 4101 Airplanes’’ ((RIN2120– tion, Department of Transportation, trans- AA64) (Docket No. FAA–2007–0037)) received AA64)(Docket No. FAA–2008–0275)) received mitting, pursuant to law, the report of a rule on August 20, 2008; to the Committee on on August 20, 2008; to the Committee on entitled ‘‘Airworthiness Directives; GEN- Commerce, Science, and Transportation. Commerce, Science, and Transportation. ERAL AVIA Costruzioni Aeronatiche Models EC–7821. A communication from the Pro- EC–7830. A communication from the Pro- F22B, F22C, and F22R Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- AA64)(Docket No. FAA–2008–0423)) received tion, Department of Transportation, trans- tion, Department of Transportation, trans- on August 20, 2008; to the Committee on mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Lock- entitled ‘‘Airworthiness Directives; Boeing EC–7813. A communication from the Pro- heed Model 382, 382B, 382E, 382F, 382G, and Model 747–400, 747–400D, and 747–400F Series gram Analyst, Federal Aviation Administra- 382J Series Airplanes’’ ((RIN2120–AA64) Airplanes’’ ((RIN2120–AA64)(Docket No. tion, Department of Transportation, trans- (Docket No. FAA–2008–0740)) received on Au- FAA–2008–0273)) received on August 20, 2008; mitting, pursuant to law, the report of a rule gust 20, 2008; to the Committee on Com- to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives; Viking merce, Science, and Transportation. and Transportation.

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.048 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9412 CONGRESSIONAL RECORD — SENATE September 24, 2008 EC–7831. A communication from the Pro- (Docket No. FAA–2008–0444)) received on Au- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gust 20, 2008; to the Committee on Com- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- merce, Science, and Transportation. entitled ‘‘Airworthiness Directives; McDon- mitting, pursuant to law, the report of a rule EC–7840. A communication from the Pro- nell Douglas Model 717–200 Airplanes’’ entitled ‘‘Airworthiness Directives; Pratt & gram Analyst, Federal Aviation Administra- ((RIN2120–AA64) (Docket No. FAA–2007– Whitney Canada Corp. (P&WC) Models tion, Department of Transportation, trans- 29330)) received on August 20, 2008; to the PW305A and PW305B Turbofan Engines’’ mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and ((RIN2120–AA64)(Docket No. FAA–2008–0664)) entitled ‘‘Airworthiness Directives; Inter- Transportation. received on August 20, 2008; to the Com- national Aero Engines (IAE) V2500 Series EC–7849. A communication from the Pro- mittee on Commerce, Science, and Transpor- Turbofan Engines’’ ((RIN2120–AA64) (Docket gram Analyst, Federal Aviation Administra- tation. No. FAA–2005–23500)) received on August 20, tion, Department of Transportation, trans- EC–7832. A communication from the Pro- 2008; to the Committee on Commerce, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Science, and Transportation. entitled ‘‘Airworthiness Directives; Piaggio tion, Department of Transportation, trans- EC–7841. A communication from the Pro- Aero Industries S.p.A. Model P–180 Air- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- planes’’ ((RIN2120–AA64) (Docket No. FAA– entitled ‘‘Airworthiness Directives; Empresa tion, Department of Transportation, trans- 2007–27532)) received on August 20, 2008; to Brasileira de Aeronautica S.A. (EMBRAER) mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and Model EMB–135BJ Airplanes’’ ((RIN2120– entitled ‘‘Airworthiness Directives; Stemme Transportation. AA64)(Docket No. FAA–2008–0194)) received GmbH & Co. KG Model S10–VT Gliders’’ EC–7850. A communication from the Pro- on August 20, 2008; to the Committee on ((RIN2120–AA64) (Docket No. FAA–2007– gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. 28958)) received on August 20, 2008; to the tion, Department of Transportation, trans- EC–7833. A communication from the Pro- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Transportation. entitled ‘‘Airworthiness Directives; REIMS tion, Department of Transportation, trans- EC–7842. A communication from the Pro- AVIATION S.A. Model F406 Airplanes’’ mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- ((RIN2120–AA64) (Docket No. FAA–2007–0115)) entitled ‘‘Airworthiness Directives; Bom- tion, Department of Transportation, trans- received on August 20, 2008; to the Com- bardier Model DHC–8–400 Series Airplanes’’ mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- ((RIN2120–AA64)(Docket No. FAA–2008–0360)) entitled ‘‘Airworthiness Directives; Pilatus tation. received on August 20, 2008; to the Com- Aircraft Ltd. Models PC–12, PC–12/45, and EC–7851. A communication from the Pro- mittee on Commerce, Science, and Transpor- PC–12/47 Airplanes’’ ((RIN2120–AA64) (Docket gram Analyst, Federal Aviation Administra- tation. No. FAA–2007–29217)) received on August 20, tion, Department of Transportation, trans- EC–7834. A communication from the Pro- 2008; to the Committee on Commerce, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Science, and Transportation. entitled ‘‘Airworthiness Directives; General tion, Department of Transportation, trans- EC–7843. A communication from the Pro- Electric Company (GE) CF6–80C2B1 Turbofan mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Engine’’ ((RIN2120–AA64) (Docket No. FAA– entitled ‘‘Airworthiness Directives; Cessna tion, Department of Transportation, trans- 2007–0193)) received on August 20, 2008; to the Aircraft Company Models 208 and 208B Air- mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and planes’’ ((RIN2120–AA64)(Docket No. FAA– entitled ‘‘Airworthiness Directives; British Transportation. 2008–0331)) received on August 20, 2008; to the Aerospace Regional Aircraft Model HP.137 EC–7852. A communication from the Pro- Committee on Commerce, Science, and Jetstream Mk.1, Jetstream Series 200, Jet- gram Analyst, Federal Aviation Administra- Transportation. stream Series 3101, and Jetstream Model 3201 tion, Department of Transportation, trans- EC–7835. A communication from the Pro- Airplanes’’ ((RIN2120–AA64) (Docket No. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- FAA–2007–28115)) received on August 20, 2008; entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- to the Committee on Commerce, Science, Model 747–200C and –200F Series Airplanes’’ mitting, pursuant to law, the report of a rule and Transportation. ((RIN2120–AA64) (Docket No. FAA–2007– entitled ‘‘Airworthiness Directives; Viking EC–7844. A communication from the Pro- 28924)) received on August 20, 2008; to the Air Limited Model DHC–2 Series Airplanes’’ gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and ((RIN2120–AA64)(Docket No. FAA–2008–0393)) tion, Department of Transportation, trans- Transportation. received on August 20, 2008; to the Com- mitting, pursuant to law, the report of a rule EC–7853. A communication from the Pro- mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives; McDon- gram Analyst, Federal Aviation Administra- tation. nell Douglas Model DC–8–53, DC–8–55, DC–8F– tion, Department of Transportation, trans- EC–7836. A communication from the Pro- 54, and DC–8F–55 Airplanes; and Model DC–8– mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- 60, DC–8–60F, DC–8–70, and DC–8–70F Series entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- Airplanes’’ ((RIN2120–AA64) (Docket No. Model A300 Series Airplanes, Model A300–600 mitting, pursuant to law, the report of a rule FAA–2007–27777)) received August 20, 2008; to Series Airplanes, and Model A310 Series Air- entitled ‘‘Airworthiness Directives; Lock- the Committee on Commerce, Science, and planes’’ ((RIN2120–AA64) (Docket No. FAA– heed Martin L–1011 Series Airplanes’’ Transportation. 2007–27982)) received on August 20, 2008; to ((RIN2120–AA64)(Docket No. FAA–2008–0637)) EC–7845. A communication from the Pro- the Committee on Commerce, Science, and received on August 20, 2008; to the Com- gram Analyst, Federal Aviation Administra- Transportation. mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- EC–7854. A communication from the Pro- tation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–7837. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Model 737–600, –700, –700C, –800 and –900 Series mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Airplanes’’ ((RIN2120–AA64) (Docket No. entitled ‘‘Airworthiness Directives; Honey- mitting, pursuant to law, the report of a rule FAA–2007–27740)) received on August 20, 2008; well International Inc. ATF3–6 and ATF3–6A entitled ‘‘Airworthiness Directives; Dassault to the Committee on Commerce, Science, Series Turbofan Engines’’ ((RIN2120–AA64) Model Falcon 2000EX Airplanes and Model and Transportation. (Docket No. FAA–2007–29092)) received on Au- Falcon 900EX Airplanes’’ ((RIN2120– EC–7846. A communication from the Pro- gust 20, 2008; to the Committee on Com- AA64)(Docket No. FAA–2008–0364)) received gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. on August 20, 2008; to the Committee on tion, Department of Transportation, trans- EC–7855. A communication from the Pro- Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–7838. A communication from the Pro- entitled ‘‘Bombardier Model CL–600–2B19 tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- (Regional Jet Series 100 & 440) Airplanes’’ mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- ((RIN2120–AA64) (Docket No. FAA–2007–0047)) entitled ‘‘Airworthiness Directives; Bom- mitting, pursuant to law, the report of a rule received on August 20, 2008; to the Com- bardier Model CL–600–1A11 (CL–600), CL–600– entitled ‘‘Airworthiness Directives; M7 Aero- mittee on Commerce, Science, and Transpor- 2A12 (CL–601), CL–600–2B16 (CL–601–3A, CL– space LP SA226 and SA227 Series Airplanes’’ tation. 601–3R, & CL–604 (Including CL–605 Mar- ((RIN2120–AA64)(Docket No. FAA–2008–0313)) EC–7847. A communication from the Pro- keting Variant)) Airplanes, and Model CL– received on August 20, 2008; to the Com- gram Analyst, Federal Aviation Administra- 600–2B19 (Regional Jet Series 100 & 440) Air- mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64) (Docket No. FAA– tation. mitting, pursuant to law, the report of a rule 2008–0408)) received on August 20, 2008; to the EC–7839. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- Model 767 Airplanes’’ ((RIN2120–AA64) (Dock- Transportation. tion, Department of Transportation, trans- et No. FAA–2007–29259)) received on August EC–7856. A communication from the Pro- mitting, pursuant to law, the report of a rule 20, 2008; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Viking Science, and Transportation. tion, Department of Transportation, trans- Air Limited Models DHC–2 Mk. I, DHC–2 Mk. EC–7848. A communication from the Pro- mitting, pursuant to law, the report of a rule II, and DHC–3 Airplanes’’ ((RIN2120–AA64) gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Engine

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.051 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9413 Bird Ingestion’’ ((RIN2120–AI73) (Docket No. EC–7865. A communication from the Pro- Alaska; Shortraker Rockfish in the Western FAA–2006–25375)) received on August 20, 2008; gram Analyst, Federal Aviation Administra- Regulatory Area of the Gulf of Alaska’’ to the Committee on Commerce, Science, tion, Department of Transportation, trans- ((RIN0648–XJ64) (Docket No. 071106671–8010– and Transportation. mitting, pursuant to law, the report of a rule 2)) received on August 26, 2008; to the Com- EC–7857. A communication from the Pro- entitled ‘‘Airworthiness Directives; Airbus mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- Model A330 and A340 Airplanes’’ ((RIN2120– tation. tion, Department of Transportation, trans- AA64) (Docket No. FAA–2007–0347)) received EC–7874. A communication from the Direc- mitting, pursuant to law, the report of a rule on August 20, 2008; to the Committee on tor, Office of Sustainable Fisheries, Depart- entitled ‘‘Airworthiness Directives; Hawker Commerce, Science, and Transportation. ment of Commerce, transmitting, pursuant Beechcraft Corporation (Type Certificates EC–7866. A communication from the Pro- to law, the report of a rule entitled ‘‘Fish- No. 3A15, No. 3A16, No. A23CE, and No. A30CE gram Analyst, Federal Aviation Administra- eries of the Exclusive Economic Zone Off previously held by Raytheon Aircraft Com- tion, Department of Transportation, trans- Alaska; Pelagic Shelf Rockfish for Catcher pany) F33 Series and Models G33, V35B, A36, mitting, pursuant to law, the report of a rule Processors Participating in the Rockfish A36TC, B36TC, 95–B55, D55, E55, A56TC, 58, entitled ‘‘Airworthiness Directives; Boeing Limited Access Fishery in the Central Regu- 58P, 58TC, G58, and 77 Airplanes’’ ((RIN2120– Model 777–200, –200LR, –300, and –300ER Se- latory Area of the Gulf of Alaska’’ ((RIN0648– AA64) (Docket No. FAA–2007–28434)) received ries Airplanes Approved for Extended–Range XJ38) (Docket No. 071106671–8010–02)) received on August 20, 2008; to the Committee on Twin–Engine Operational Performance on August 26, 2008; to the Committee on Commerce, Science, and Transportation. Standards (ETOPS)’’ ((RIN2120–AA64) (Dock- Commerce, Science, and Transportation. EC–7875. A communication from the Acting EC–7858. A communication from the Pro- et No. FAA–2008–0673)) received on August 20, Director, Office of Sustainable Fisheries, De- gram Analyst, Federal Aviation Administra- 2008; to the Committee on Commerce, tion, Department of Transportation, trans- partment of Commerce, transmitting, pursu- Science, and Transportation. ant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule EC–7867. A communication from the Pro- ‘‘Fisheries of the Exclusive Economic Zone entitled ‘‘Airworthiness Directives; Dornier gram Analyst, Federal Aviation Administra- Off Alaska; Pacific Ocean Perch for Trawl Model 328–100 Airplanes’’ ((RIN2120–AA64) tion, Department of Transportation, trans- (Docket No. FAA–2008–0297)) received on Au- Catcher Vessels Participating in the Rock- mitting, pursuant to law, the report of a rule fish Entry Level Fishery in the Central Reg- gust 20, 2008; to the Committee on Com- entitled ‘‘Airworthiness Directives; Airbus merce, Science, and Transportation. ulatory Area of the Gulf of Alaska’’ Model A330 Airplanes and Model A340–200 and ((RIN0648–XJ35) (Docket No. 071106671–8010– EC–7859. A communication from the Pro- –300 Series Airplanes’’ ((RIN2120–AA64) gram Analyst, Federal Aviation Administra- 02)) received on August 26, 2008; to the Com- (Docket No. FAA–2007–0266)) received on Au- mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- gust 20, 2008; to the Committee on Com- mitting, pursuant to law, the report of a rule tation. merce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Bom- EC–7876. A communication from the Acting EC–7868. A communication from the Pro- Assistant Administrator for Fisheries, Na- bardier Model DHC–8–400 Series Airplanes’’ gram Analyst, Federal Aviation Administra- ((RIN2120–AA64) (Docket No. FAA–2008–0178)) tional Marine Fisheries Service, Department tion, Department of Transportation, trans- of Commerce, transmitting, pursuant to law, received on August 20, 2008; to the Com- mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- the report of a rule entitled ‘‘Atlantic Highly entitled ‘‘Airworthiness Directives; Dassault Migratory Species (HMS); Atlantic Shark tation. Model Myste`re–Falcon 900 and Falcon 900EX EC–7860. A communication from the Pro- Management Measures’’ ((RIN0648–AU89) Airplanes’’ ((RIN2120–AA64) (Docket No. gram Analyst, Federal Aviation Administra- (Docket No. 0612242866–8888–03)) received on FAA–2008–0365)) received on August 20, 2008; tion, Department of Transportation, trans- August 27, 2008; to the Committee on Com- to the Committee on Commerce, Science, mitting, pursuant to law, the report of a rule merce, Science, and Transportation. EC–7877. A communication from the Acting entitled ‘‘Airworthiness Directives; Boeing and Transportation. EC–7869. A communication from the Pro- Director, Office of Sustainable Fisheries, De- Model 757 Airplanes Equipped with Rolls gram Analyst, Federal Aviation Administra- partment of Commerce, transmitting, pursu- Royce RB211–535E Engines’’ ((RIN2120–AA64) tion, Department of Transportation, trans- ant to law, the report of a rule entitled (Docket No. FAA–2007–0225)) received on Au- mitting, pursuant to law, the report of a rule ‘‘Fisheries of the Northeastern United gust 20, 2008; to the Committee on Com- entitled ‘‘Airworthiness Directives; Dassault States; Spiny Dogfish Fishery; Commercial merce, Science, and Transportation. ` EC–7861. A communication from the Pro- Model Mystere–Falcon 20–C5, 20–D5, and 20– Period 1 Quota Harvested’’ ((RIN0648–XJ82) gram Analyst, Federal Aviation Administra- E5 Airplanes’’ ((RIN2120–AA64) (Docket No. (Docket No. 060418103–6181–02)) received on tion, Department of Transportation, trans- FAA–2008–0296)) received on August 20, 2008; August 29, 2008; to the Committee on Com- mitting, pursuant to law, the report of a rule to the Committee on Commerce, Science, merce, Science, and Transportation. EC–7878. A communication from the Acting entitled ‘‘Airworthiness Directives; Boeing and Transportation. Director, Office Sustainable Fisheries, De- Model 767–200, –300, and –400ER Series Air- EC–7870. A communication from the Pro- partment of Commerce, transmitting, pursu- planes’’ ((RIN2120–AA64) (Docket No. FAA– gram Analyst, Federal Aviation Administra- ant to law, the report of a rule entitled 2008–0012)) received on August 20, 2008; to the tion, Department of Transportation, trans- ‘‘Fisheries of the Exclusive Economic Zone Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Off Alaska; Reallocation of Atka Mackerel Transportation. entitled ‘‘Airworthiness Directives; EC–7862. A communication from the Pro- Lindstrand Balloons Ltd. Models 42A, 56A, in the Bering Sea and Aleutian Islands Man- gram Analyst, Federal Aviation Administra- 60A, 69A, 77A, 90A, 105A, 120A, 150A, 180A, agement Area’’ ((RIN0648–XJ32)(Docket No. tion, Department of Transportation, trans- 210A, 240A, 260A, and 310A Balloons’’ 071106673–8011–02)) received on August 26, mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (Docket No. FAA–2008–0446)) 2008; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; Boeing received on August 20, 2008; to the Com- Science, and Transportation. EC–7879. A communication from the Attor- Model 747–400, 747–400D, and 747–400F Series mittee on Commerce, Science, and Transpor- ney Advisor of Regulations and Administra- Airplanes’’ ((RIN2120–AA64) (Docket No. tation. tive Law, U.S. Coast Guard, Department of FAA–2006–26110)) received on August 20, 2008; EC–7871. A communication from the Pro- Homeland Security, transmitting, pursuant to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- to law, the report of a rule entitled ‘‘Special and Transportation. tion, Department of Transportation, trans- EC–7863. A communication from the Pro- mitting, pursuant to law, the report of a rule Local Regulations for Marine Events; Pa- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Estab- tapsco River, Inner Harbor, Baltimore, MD’’ tion, Department of Transportation, trans- lishment of Class E5 Airspace; Prairie Du ((RIN1625–AA08)(Docket No. USCG–2008– mitting, pursuant to law, the report of a rule Sac, WI’’ ((RIN2120–AA64) (Docket No. FAA– 0392)) received on September 2, 2008; to the entitled ‘‘Airworthiness Directives; ATR 2007–28778)) received on August 20, 2008; to Committee on Commerce, Science, and Model ATR42–200, –300, –320, –500 Airplanes; the Committee on Commerce, Science, and Transportation. EC–7880. A communication from the Direc- and Model ATR72–101, –201, –102, –202, –211, Transportation. tor, Office of Sustainable Fisheries, Depart- –212, and –212A Airplanes’’ ((RIN2120–AA64) EC–7872. A communication from the Pro- ment of Commerce, transmitting, pursuant (Docket No. FAA–2008–0293)) received on Au- gram Analyst, Federal Aviation Administra- to law, the report of a rule entitled ‘‘Fish- gust 20, 2008; to the Committee on Com- tion, Department of Transportation, trans- eries of the Exclusive Economic Zone Off merce, Science, and Transportation. mitting, pursuant to law, the report of a rule EC–7864. A communication from the Pro- entitled ‘‘Airworthiness Directives; Estab- Alaska; Thornyhead Rockfish in the Western gram Analyst, Federal Aviation Administra- lishment of Class E5 Airspace; Tarkio, MO’’ Regulatory Area of the Gulf of Alaska’’ tion, Department of Transportation, trans- ((Docket No. FAA–2007–28869) (Airspace ((RIN0648–XJ72)(Docket No. 071106671–8010– mitting, pursuant to law, the report of a rule Docket No. 07–ACE–11) received on August 02)) received on September 8, 2008; to the entitled ‘‘Airworthiness Directives; Hartzell 20, 2008; to the Committee on Commerce, Committee on Commerce, Science, and Transportation. Propeller Inc. ()HC–() (2,3)Y(K,R)–2 Two–and Science, and Transportation. Three–Bladed Compact Series Propellers’’ EC–7873. A communication from the Direc- f ((RIN2120–AA64) (Docket No. FAA–2008–0254)) tor, Office of Sustainable Fisheries, Depart- REPORTS OF COMMITTEES received on August 20, 2008; to the Com- ment of Commerce, transmitting, pursuant mittee on Commerce, Science, and Transpor- to law, the report of a rule entitled ‘‘Fish- The following reports of committees tation. eries of the Exclusive Economic Zone Off were submitted:

VerDate Aug 31 2005 06:11 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.053 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9414 CONGRESSIONAL RECORD — SENATE September 24, 2008 By Mrs. BOXER, from the Committee on By Mrs. BOXER, from the Committee on By Mr. LIEBERMAN, from the Committee Environment and Public Works, with an Environment and Public Works, without on Homeland Security and Governmental Af- amendment in the nature of a substitute: amendment: fairs, with an amendment in the nature of a S. 24. A bill to amend the Safe Drinking H.R. 3224. A bill to amend the National substitute: Water Act to require a health advisory and Dam Safety Program Act to establish a pro- H.R. 6098. A bill to amend the Homeland monitoring of drinking water for perchlorate gram to provide grant assistance to States Security Act of 2002 to improve the financial (Rept. No. 110–483). for the rehabilitation and repair of deficient assistance provided to State, local, and trib- S. 150. A bill to amend the Safe Drinking dams (Rept. No. 110–495). al governments for information sharing ac- Water Act to protect the health of pregnant By Mr. DODD, from the Committee on For- tivities, and for other purposes. women, fetuses, infants, and children by re- eign Relations, without amendment: By Mr. LIEBERMAN, from the Committee quiring a health advisory and drinking water S. 3563. An original bill to authorize appro- on Homeland Security and Governmental Af- standard for perchlorate (Rept. No. 110–484). priations under the Arms Export Control Act fairs, without amendment: By Mrs. BOXER, from the Committee on and the Foreign Assistance Act of 1961 for se- H.R. 6437. A bill to designate the facility of Environment and Public Works, without curity assistance for fiscal years 2009 and the United States Postal Service located at amendment: 2010, and for other purposes (Rept. No. 110– 200 North Texas Avenue in Odessa, Texas, as the ‘‘Corporal Alfred Mac Wilson Post Of- S. 642. A bill to codify Executive Order 496). 12898, relating to environmental justice, to By Mrs. BOXER, from the Committee on fice’’. S. 3309. A bill to designate the facility of require the Administrator of the Environ- Environment and Public Works, with an the United States Postal Service located at mental Protection Agency to fully imple- amendment in the nature of a substitute: 2523 7th Avenue East in North Saint Paul, S. 2080. A bill to amend the Federal Water ment the recommendations of the Inspector Minnesota, as the Mayor William ‘‘Bill’’ General of the Agency and the Comptroller Pollution Control Act to ensure that sewage Sandberg Post Office Building. General of the United States, and for other treatment plants monitor for and report dis- S. 3317. A bill to designate the facility of purposes (Rept. No. 110–485). charges of raw sewage, and for other pur- the United States Postal Service located at S. 1911. A bill to amend the Safe Drinking poses (Rept. No. 110–497). 101 West Main Street in Waterville, New Water Act to protect the health of suscep- By Mrs. BOXER, from the Committee on York, as the ‘‘Corporal John P. Sigsbee Post tible populations, including pregnant Environment and Public Works, without Office’’. women, infants, and children, by requiring a amendment: S. 3350. A bill to provide that claims of the health advisory, drinking water standard, S. 2549. A bill to require the Administrator United States to certain documents relating and reference concentration for trichloro- of the Environmental Protection Agency to to Franklin Delano Roosevelt shall be treat- ethylene vapor intrusion, and for other pur- establish an Interagency Working Group on ed as waived and relinquished in certain cir- poses (Rept. No. 110–486). Environmental Justice to provide guidance cumstances. S. 2970. A bill to enhance the ability of to Federal agencies on the development of By Mrs. BOXER, from the Committee on drinking water utilities in the United States criteria for identifying disproportionately Environment and Public Works, without to develop and implement climate change high and adverse human health or environ- amendment: adaptation programs and policies, and for mental effects on minority populations and S. 3550. An original bill to designate a por- other purposes (Rept. No. 110–487). low-income populations, and for other pur- tion of the Rappahannock River in the Com- S. 2994. A bill to amend the Federal Water poses (Rept. No. 110–498). monwealth of Virginia as the ‘‘John W. War- Pollution Control Act to provide for the re- S. 3564. An original bill to restore the value ner Rapids’’. mediation of sediment contamination in of every American in environmental deci- f areas of concern (Rept. No. 110–488). sions, and for other purposes (Rept. No. 110– S. 3489. A bill to require the Administrator 499). INTRODUCTION OF BILLS AND of the Environmental Protection Agency to S. 3565. An original bill to address the JOINT RESOLUTIONS conduct a study on black carbon emissions health and economic development impacts of The following bills and joint resolu- (Rept. No. 110–489). nonattainment of federally mandated air tions were introduced, read the first S. 3551. An original bill to amend the Pub- quality standards in the San Joaquin Valley, and second times by unanimous con- lic Works and Economic Development Act of California, by designating air quality em- sent, and referred as indicated: 1965 to reauthorize that Act, and for other powerment zones (Rept. No. 110–500). purposes (Rept. No. 110–490). H.R. 5001. A bill to authorize the Adminis- By Mrs. BOXER: By Mrs. BOXER, from the Committee on trator of General Services to provide for the S. 3550. An original bill to designate a por- Environment and Public Works, with an redevelopment of the Old Post Office Build- tion of the Rappahannock River in the Com- amendment in the nature of a substitute and ing located in the District of Columbia monwealth of Virginia as the ‘‘John W. War- an amendment to the title: (Rept. No. 110–501). ner Rapids; from the Committee on Environ- S. 1387. A bill to amend the Emergency By Mr. DORGAN, from the Committee on ment and Public Works; considered and Planning and Community Right-to-Know Indian Affairs, with an amendment in the passed. Act of 1986 to provide for greenhouse gases nature of a substitute: By Mrs. BOXER: (Rept. No. 110–491). S. 3128. A bill to direct the Secretary of the S. 3551. An original bill to amend the Pub- lic Works and Economic Development Act of By Mrs. BOXER, from the Committee on Interior to provide a loan to the White 1965 to reauthorize that Act, and for other Environment and Public Works, with an Mountain Apache Tribe for use in planning, purposes; from the Committee on Environ- amendment in the nature of a substitute: engineering, and designing a certain water ment and Public Works; placed on the cal- H.R. 1464. A bill to assist in the conserva- system project (Rept. No. 110–502). endar . tion of rare felids and rare canids by sup- By Mr. LIEBERMAN, from the Committee By Mr. LIEBERMAN (for himself, Mr. porting and providing financial resources for on Homeland Security and Governmental Af- BOND, Mr. VOINOVICH, and Mrs. CLIN- the conservation programs of nations within fairs, with an amendment in the nature of a TON): the range of rare felid and rare canid popu- substitute: S. 3552. A bill to conserve the United lations and projects of persons with dem- H.R. 3815. A bill to amend the Homeland States fish and aquatic communities through onstrated expertise in the conservation of Security Act of 2002 to require the Secretary partnerships that foster fish habitat con- rare felid and rare canid populations (Rept. of Homeland Security to make full and effi- servation and improve the quality of life for No. 110–492). cient use of open source information to de- the people of the United States and for other By Mrs. BOXER, from the Committee on velop and disseminate open source homeland purposes; to the Committee on Environment Environment and Public Works, without security information products, and for other and Public Works. amendment: purposes. By Ms. MURKOWSKI (for herself and H.R. 1771. A bill to assist in the conserva- By Mr. LIEBERMAN, from the Committee Mr. STEVENS): tion of cranes by supporting and providing, on Homeland Security and Governmental Af- S. 3553. A bill to exempt certain charitable through projects of persons and organiza- fairs, without amendment: flights from certain regulations applicable to tions with expertise in crane conservation, H.R. 5975. A bill to designate the facility of commercial flights; to the Committee on financial resources for the conservation pro- the United States Postal Service located at Commerce, Science, and Transportation. grams of countries the activities of which di- 101 West Main Street in Waterville, New By Mr. SMITH (for himself and Mr. rectly or indirectly affect cranes and the York, as the ‘‘Cpl. John P. Sigsbee Post Of- LIEBERMAN): ecosystems of cranes (Rept. No. 110–493). fice’’. S. 3554. A bill to provide employees of By Mrs. BOXER, from the Committee on H.R. 6073. A bill to provide that Federal small employers with access to quality, af- Environment and Public Works, with an employees receiving their pay by electronic fordable health insurance coverage; to the amendment: funds transfer shall be given the option of re- Committee on Finance. S. 1828. A bill to require the Administrator ceiving their pay stubs electronically. By Mr. LEVIN (for himself and Ms. of the Environmental Protection Agency to H.R. 6092. A bill to designate the facility of STABENOW): conduct a study of the feasibility of increas- the United States Postal Service located at S. 3555. A bill to establish a pilot program ing the consumption in the United States of 101 Tallapoosa Street in Bremen, Georgia, as to provide for the preservation and rehabili- certain ethanol-blended gasoline (Rept. No. the ‘‘Sergeant Paul Saylor Post Office Build- tation of historic lighthouses; to the Com- 110–494). ing’’. mittee on Energy and Natural Resources.

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.057 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9415 By Mr. WYDEN (for himself and Mr. for other purposes; to the Committee on For- By Mr. DURBIN (for himself, Ms. BARRASSO): eign Relations. SNOWE, Mr. KERRY, Mr. FEINGOLD, S. 3556. A bill to improve the administra- By Mr. CORNYN: Mr. LUGAR, Mr. BROWNBACK, Mr. tion of the Minerals Management Service; to S. 3568. A bill to amend the Controlled Sub- SCHUMER, Mr. MENENDEZ, Mr. SPEC- the Committee on Energy and Natural Re- stances Act to address the use of intrathecal TER, Mr. BIDEN, Mr. OBAMA, Mr. sources. pumps; to the Committee on the Judiciary. DODD, Mr. LEAHY, Mr. LEVIN, Mr. By Mr. SCHUMER: By Mr. SCHUMER (for himself, Mr. WHITEHOUSE, Mrs. MURRAY, Mr. S. 3557. A bill to encourage savings, pro- SESSIONS, and Mr. LEAHY): ISAKSON, Mr. CHAMBLISS, Mr. SUNUNU, mote financial literacy, and expand opportu- S. 3569. A bill to make improvements in Mr. SANDERS, Mrs. CLINTON, Mr. ROB- nities for young adults by establishing KIDS the operation and administration of the Fed- ERTS, Mrs. DOLE, Mr. BINGAMAN, Mrs. Accounts; to the Committee on Finance. eral courts, and for other purposes; to the BOXER, Mr. WYDEN, Mr. LAUTENBERG, By Mr. WICKER (for himself and Mr. Committee on the Judiciary. Mrs. FEINSTEIN, Mr. COLEMAN, and COCHRAN): By Mr. MENENDEZ: Mr. VOINOVICH): S. 3558. A bill to amend the Federal Water S. 3570. A bill to establish a National Pub- S. Res. 684. A resolution calling for a com- Pollution Control Act to expand and lic Health Coordinating Council to assess the prehensive strategy to address the crisis in strengthen cooperative efforts to monitor, impact of Federal health-related socio-eco- Darfur, Sudan; considered and agreed to. restore, and protect the resource produc- nomic and environmental policies across By Mrs. CLINTON: tivity, water quality, and marine ecosystems Federal agencies to improve the public’s S. Con. Res. 102. A concurrent resolution of the Gulf of Mexico; to the Committee on health; to the Committee on Health, Edu- expressing the sense of Congress that ensur- Environment and Public Works. cation, Labor, and Pensions. ing the availability of adequate housing is an By Mr. COLEMAN: By Mr. MENENDEZ: essential component of an effective strategy S. 3559. A bill to amend the Public Health S. 3571. A bill to stimulate social policy for the prevention and treatment of HIV and Service Act to ensure that third party re- and community environments to improve the care of individuals with HIV; to the Com- view is available whenever health insurance health by encouraging policies and programs mittee on Banking, Housing, and Urban Af- coverage in the individual market is termi- to improve community health by policy and fairs. nated; to the Committee on Health, Edu- design, and for other purposes; to the Com- By Mrs. CLINTON: S. Con. Res. 103. A concurrent resolution cation, Labor, and Pensions. mittee on Health, Education, Labor, and By Mr. BAUCUS (for himself and Mr. recognizing the 10th anniversary of the es- Pensions. tablishment of the Minority AIDS Initiative; GRASSLEY): By Ms. LANDRIEU (for herself and Mr. S. 3560. A bill to amend title XIX of the So- to the Committee on Health, Education, VITTER): Labor, and Pensions. cial Security Act to provide additional funds S. 3572. A bill to provide for disaster assist- for the qualifying individual (QI) program, ance for power transmission and distribution f and for other purposes; to the Committee on facilities, and for other purposes; to the ADDITIONAL COSPONSORS Finance. Committee on Homeland Security and Gov- By Mrs. CLINTON: ernmental Affairs. S. 206 S. 3561. A bill to amend the Internal Rev- At the request of Mrs. FEINSTEIN, the enue Code of 1986 to provide a refundable f names of the Senator from North Caro- credit against income tax to assist individ- SUBMISSION OF CONCURRENT AND lina (Mrs. DOLE) and the Senator from uals with high residential energy costs, and Delaware (Mr. BIDEN) were added as co- for other purposes; to the Committee on Fi- SENATE RESOLUTIONS sponsors of S. 206, a bill to amend title nance. The following concurrent resolutions II of the Social Security Act to repeal By Mr. WICKER (for himself and Mr. and Senate resolutions were read, and the Government pension offset and INHOFE): referred (or acted upon), as indicated: S. 3562. A bill to amend the Clean Air Act windfall elimination provisions. By Mr. MARTINEZ (for himself and to provide for the waiver of requirements re- S. 334 Mr. NELSON of Florida): lating to recertification kits for the conver- At the request of Mr. WYDEN, the S. Res. 679. A resolution commemorating sion of vehicles into vehicles powered by nat- name of the Senator from Pennsyl- ural gas or liquefied petroleum gas; to the the 219th anniversary of the United States vania (Mr. SPECTER) was added as a co- Committee on Environment and Public Marshals Service; to the Committee on the Works. Judiciary. sponsor of S. 334, a bill to provide af- By Mr. DODD: By Mr. REID (for himself and Mr. fordable, guaranteed private health S. 3563. An original bill to authorize appro- MCCONNELL): coverage that will make Americans priations under the Arms Export Control Act S. Res. 680. A resolution to authorize the healthier and can never be taken away. and the Foreign Assistance Act of 1961 for se- production of records by the Permanent Sub- S. 400 committee on Investigations of the Com- curity assistance for fiscal years 2009 and At the request of Mr. SUNUNU, the mittee on Homeland Security and Govern- 2010, and for other purposes; from the Com- name of the Senator from New York mittee on Foreign Relations; placed on the mental Affairs; considered and agreed to. (Mr. SCHUMER) was added as a cospon- calendar. By Mr. MCCONNELL (for himself, Mr. By Mrs. BOXER: CORNYN, and Mr. INHOFE): sor of S. 400, a bill to amend the Em- S. 3564. An original bill to restore the value S. Res. 681. A resolution to allow the part ployee Retirement Income Security of every American in environmental deci- time, volunteer practice of medicine in pri- Act of 1974 and the Internal Revenue sions, and for other purposes; from the Com- vate medical facilities; to the Committee on Code of 1986 to ensure that dependent mittee on Environment and Public Works; Rules and Administration. students who take a medically nec- placed on the calendar. By Mr. SALAZAR (for himself, Mr. essary leave of absence do not lose By Mrs. BOXER: MENENDEZ, Mr. MARTINEZ, Mr. REID, health insurance coverage, and for Ms. STABENOW, Mr. DURBIN, Mr. S. 3565. An original bill to address the other purposes. health and economic development impacts of BINGAMAN, Mr. OBAMA, Mr. LEVIN, nonattainment of federally mandated air Mrs. CLINTON, Mr. LAUTENBERG, Mr. S. 508 quality standards in the San Joaquin Valley, SCHUMER, Mr. DODD, Mr. FEINGOLD, At the request of Mrs. MCCASKILL, California, by designating air quality em- Mrs. BOXER, Mr. DOMENICI, Mrs. MUR- the name of the Senator from Vermont powerment zones; from the Committee on RAY, Mr. LUGAR, and Mrs. (Mr. LEAHY) was added as a cosponsor Environment and Public Works; placed on HUTCHISON): of S. 508, a bill to amend the Congres- the calendar. S. Res. 682. A resolution recognizing His- sional Accountability Act of 1995 to By Mrs. MURRAY (for herself, Mr. panic Heritage Month and celebrating the apply whistleblower protections avail- heritage and culture of Hispanic Americans KENNEDY, Mr. OBAMA, Mr. BROWN, able to certain executive branch em- and Mr. MENENDEZ): and their immense contributions to the Na- S. 3566. A bill to prohibit the Secretary of tion; considered and agreed to. ployees to legislative branch employ- Labor from issuing, administering, or enforc- By Mr. REED (for himself, Ms. COL- ees, and for other purposes. ing any rule, regulation, or requirement de- LINS, Mr. WHITEHOUSE, Mr. BOND, Mr. S. 602 rived from the proposal submitted to the Of- ISAKSON, Mr. CARDIN, Mr. LEVIN, Mr. At the request of Mr. PRYOR, the fice of Management and Budget entitled BIDEN, Mr. LIEBERMAN, Mr. KERRY, name of the Senator from Texas (Mrs. ‘‘Requirements for DOL Agencies’ Assess- Ms. STABENOW, Mr. FEINGOLD, Mrs. HUTCHISON) was added as a cosponsor of ment of Occupational Health Risks’’ (RIN: BOXER, Mr. LEAHY, Mr. PRYOR, and S. 602, a bill to develop the next gen- Mr. LAUTENBERG): 1290–AA23); to the Committee on Health, eration of parental control technology. Education, Labor, and Pensions. S. Res. 683. A resolution designating the By Mrs. CLINTON: week of October 19 through October 25, 2008, S. 960 S. 3567. A bill to establish a Commission on as ‘‘National Childhood Lead Poisoning Pre- At the request of Mrs. CLINTON, the the conflict between Russia and Georgia, and vention Week’’; considered and agreed to. names of the Senator from Montana

VerDate Aug 31 2005 06:11 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.076 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9416 CONGRESSIONAL RECORD — SENATE September 24, 2008 (Mr. BAUCUS) and the Senator from S. 2641 that the payment of the manufactur- Pennsylvania (Mr. CASEY) were added At the request of Mr. GRASSLEY, the ers’ excise tax on recreational equip- as cosponsors of S. 960, a bill to estab- name of the Senator from Washington ment be paid quarterly. lish the United States Public Service (Ms. CANTWELL) was added as a cospon- S. 3344 Academy. sor of S. 2641, a bill to amend title At the request of Mr. COBURN, the S. 961 XVIII and XIX of the Social Security name of the Senator from Idaho (Mr. At the request of Mr. NELSON of Ne- Act to improve the transparency of in- CRAPO) was added as a cosponsor of S. braska, the name of the Senator from formation on skilled nursing facilities 3344, a bill to defend against child ex- North Carolina (Mrs. DOLE) was added and nursing facilities and to clarify ploitation and child pornography as a cosponsor of S. 961, a bill to amend and improve the targeting of the en- through improved Internet Crimes title 46, United States Code, to provide forcement of requirements with respect Against Children task forces and en- benefits to certain individuals who to such facilities. hanced tools to block illegal images, served in the United States merchant S. 2668 and to eliminate the unwarranted re- marine (including the Army Transport At the request of Mr. KERRY, the lease of convicted sex offenders. Service and the Naval Transport Serv- name of the Senator from Utah (Mr. S. 3364 ice) during World War II, and for other HATCH) was added as a cosponsor of S. At the request of Mrs. LINCOLN, the purposes. 2668, a bill to amend the Internal Rev- names of the Senator from Rhode Is- S. 1007 enue Code of 1986 to remove cell phones land (Mr. WHITEHOUSE) and the Senator At the request of Mr. LUGAR, the from listed property under section from North Carolina (Mrs. DOLE) were names of the Senator from Connecticut 280F. added as cosponsors of S. 3364, a bill to (Mr. DODD) and the Senator from Ne- S. 2770 increase the recruitment and retention braska (Mr. HAGEL) were added as co- of school counselors, school social sponsors of S. 1007, a bill to direct the At the request of Mrs. FEINSTEIN, the workers, and school psychologists by Secretary of State to work with the name of the Senator from Oregon (Mr. low-income local educational agencies. Government of Brazil and other foreign WYDEN) was added as a cosponsor of S. governments to develop partnerships 2770, a bill to amend the Federal Meat S. 3380 that will strengthen diplomatic rela- Inspection Act to strengthen the food At the request of Mrs. CLINTON, the tions and energy security by accel- safety inspection system by imposing name of the Senator from Ohio (Mr. erating the development of biofuels stricter penalties for the slaughter of BROWN) was added as a cosponsor of S. production, research, and infrastruc- nonambulatory livestock. 3380, a bill to promote increased public ture to alleviate poverty, create jobs, S. 2794 transportation use, to promote in- and increase income, while improving At the request of Mr. KOHL, the name creased use of alternative fuels in pro- energy security and protecting the en- of the Senator from Missouri (Mrs. viding public transportation, and for vironment. MCCASKILL) was added as a cosponsor other purposes. S. 1503 of S. 2794, a bill to protect older Ameri- S. 3416 At the request of Mr. INHOFE, the cans from misleading and fraudulent At the request of Mr. LAUTENBERG, name of the Senator from North Caro- marketing practices, with the goal of the name of the Senator from Oregon lina (Mrs. DOLE) was added as a cospon- increasing retirement security. (Mr. SMITH) was added as a cosponsor sor of S. 1503, a bill to improve domes- S. 2937 of S. 3416, a bill to amend section tic fuels security. At the request of Mr. TESTER, the 40122(a) of title 49, United States Code, S. 1693 name of the Senator from Montana to improve the dispute resolution proc- At the request of Mr. VOINOVICH, his (Mr. BAUCUS) was added as a cosponsor ess at the Federal Aviation Adminis- name was added as a cosponsor of S. of S. 2937, a bill to provide permanent tration, and for other purposes. 1693, a bill to enhance the adoption of treatment authority for participants in S. 3429 a nationwide interoperable health in- Department of Defense chemical and At the request of Mr. SCHUMER, the formation technology system and to biological testing conducted by Deseret name of the Senator from Kansas (Mr. improve the quality and reduce the Test Center and an expanded study of ROBERTS) was added as a cosponsor of costs of health care in the United the health impact of Project Shipboard S. 3429, a bill to amend the Internal States. Hazard and Defense, and for other pur- Revenue Code to provide for an in- S. 1738 poses. creased mileage rate for charitable de- At the request of Mr. REID, the name S. 3187 ductions. of the Senator from North Dakota (Mr. At the request of Mr. HAGEL, the S. 3484 CONRAD) was added as a cosponsor of S. name of the Senator from California At the request of Mr. SPECTER, the 1738, a bill to establish a Special Coun- (Mrs. BOXER) was added as a cosponsor names of the Senator from Michigan sel for Child Exploitation Prevention of S. 3187, a bill to establish a com- (Ms. STABENOW), the Senator from New and Interdiction within the Office of prehensive interagency response to re- York (Mr. SCHUMER), the Senator from the Deputy Attorney General, to im- duce lung cancer mortality in a timely New York (Mrs. CLINTON), the Senator prove the Internet Crimes Against manner. from Vermont (Mr. SANDERS) and the Children Task Force, to increase re- Senator from New Jersey (Mr. LAUTEN- sources for regional computer forensic S. 3325 BERG) were added as cosponsors of S. labs, and to make other improvements At the request of Mr. SPECTER, the 3484, a bill to provide for a delay in the to increase the ability of law enforce- names of the Senator from Texas (Mrs. phase out of the hospice budget neu- ment agencies to investigate and pros- HUTCHISON) and the Senator from Or- trality adjustment factor under title ecute predators. egon (Mr. SMITH) were added as cospon- XVIII of the Social Security Act. S. 2510 sors of S. 3325, a bill to enhance rem- S. 3487 At the request of Ms. LANDRIEU, the edies for violations of intellectual names of the Senator from North Da- property laws, and for other purposes. At the request of Mr. KENNEDY, the kota (Mr. DORGAN) and the Senator At the request of Mr. LEAHY, the names of the Senator from New Hamp- from South Carolina (Mr. GRAHAM) names of the Senator from California shire (Mr. GREGG) and the Senator were added as cosponsors of S. 2510, a (Mrs. BOXER) and the Senator from from Washington (Mrs. MURRAY) were bill to amend the Public Health Serv- New York (Mr. SCHUMER) were added as added as cosponsors of S. 3487, a bill to ice Act to provide revised standards for cosponsors of S. 3325, supra. amend the National and Community quality assurance in screening and S. 3331 Service Act of 1990 to expand and im- evaluation of gynecologic cytology At the request of Mr. CRAPO, the prove opportunities for service, and for preparations, and for other purposes. name of the Senator from Mississippi other purposes. At the request of Mr. BUNNING, his (Mr. COCHRAN) was added as a cospon- S. 3505 name was added as a cosponsor of S. sor of S. 3331, a bill to amend the Inter- At the request of Mrs. LINCOLN, the 2510, supra. nal Revenue Code of 1986 to require name of the Senator from Kansas (Mr.

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.059 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9417 ROBERTS) was added as a cosponsor of At the request of Mr. BYRD, the name the Secretary of Interior for funding. S. 3505, a bill to amend title XVIII of of the Senator from Michigan (Mr. Regional Fish Habitat Partnerships are the Social Security Act to provide for LEVIN) was added as a cosponsor of S. responsible for implementing approved the coverage of home infusion therapy Res. 665, supra. on-the-ground projects that are de- under the Medicare Program. f signed to protect, restore and enhance S. 3507 fish habitats and fish populations. STATEMENTS ON INTRODUCED At the request of Mr. REED, the name The National Fish Habitat Conserva- BILLS AND JOINT RESOLUTIONS of the Senator from New York (Mrs. tion Act lays the foundation for a new CLINTON) was added as a cosponsor of S. By Mr. LIEBERMAN (for himself, paradigm of how fish habitats should 3507, a bill to provide for additional Mr BOND, Mr. VOINOVICH, and be protected and preserved. This bill emergency unemployment compensa- Mrs. CLINTON): will bring together all of the different tion. S. 3552. A bill to conserve the United groups that have a stake in the health S. 3511 States fish and aquatic communities and productivity of our nation’s fish At the request of Mrs. CLINTON, the through partnerships that foster fish habitats and I look forward to working name of the Senator from Massachu- habitat conservation and improve the with my colleagues to pass this impor- setts (Mr. KENNEDY) was added as a co- quality of life for the people of the tant legislation. sponsor of S. 3511, a bill to direct the United States and for other purposes; Mr. BOND. Madam President, today, Librarian of Congress and the Sec- to the Committee on Environment and along with my colleagues Senators retary of the Smithsonian Institution Public Works. LIEBERMAN and VOINOVICH, I am intro- to carry out a joint project at the Li- Mr. LIEBERMAN. Mr. President, I ducing the National Fish Habitat Con- brary of Congress and the National Mu- rise to speak about the National Fish servation Act. This legislation will en- seum of African American History and Habitat Conservation Act, which I am able us to stop the causes of fish habi- Culture to collect video and audio re- introducing today along with my col- tat decline throughout the Nation. cordings of personal histories and leagues Senators BOND and VOINOVICH. Preventing the decline of fish species testimonials of individuals who partici- This legislation would establish the and their habitat will require everyone pated in the Civil Rights movement, most comprehensive effort ever at- working together. Under the National and for other purposes. tempted to treat the causes of fish Fish Habitat Conservation Act, Federal habitat decline. S. 3538 Government agencies, State and local Healthy waterways and robust fish At the request of Mr. GRASSLEY, the governments, conservation groups, populations are vital to the well-being names of the Senator from Tennessee fishing industry groups, and businesses of our society. They provide clean (Mr. CORKER), the Senator from Arkan- will all work together to preserve our water and sustainable fisheries. They sas (Mrs. LINCOLN), the Senator from aquatic habitats. also provide recreational value to those Nebraska (Mr. NELSON) and the Sen- Together, they will improve water- who fish wild waters or canoe tranquil ator from Kansas (Mr. ROBERTS) were ways vital to securing a robust fish streams. Unfortunately, today 40 per- added as cosponsors of S. 3538, a bill to population. The well-being of our water cent of our fish populations are in de- amend the Food, Conservation, and En- resources is essential not only for cline and half of our waters are im- ergy Act of 2008 to suspend a prohibi- healthy fish but also those who boat paired. Unless we act in an informed tion on payments to certain farms with through beautiful streams and fish in and coordinated fashion, fish habitats limited base acres for the 2008 and 2009 wild waters for recreational entertain- will continue to be lost. ment. This, however, may not be an op- crop years, to extend the signup for di- Our Nation’s current efforts to ad- rect payments and counter-cyclical tion if we do not take action now. As of dress threats to fish species are often today, 40 percent of the fish population payments for the 2008 crop year, and highly fragmented and not comprehen- for other purposes. is in decline and half of our waters sive enough to reverse this downward have become weakened and polluted. S. 3547 trend. Under the National Fish Habitat The National Fish Habitat Conserva- At the request of Mr. NELSON of Flor- Conservation Act, Federal Government tion Act will authorize $75 million ida, the name of the Senator from agencies, state and local governments, every year to fund local fish habitat Vermont (Mr. LEAHY) was added as a conservation groups, fishing industry projects supported by regional Fish cosponsor of S. 3547, a bill to establish groups, and businesses will work to- Habitat Partnerships. This bill creates in the Federal Bureau of Investigation gether collectively for the first time to a multistakeholder National Fish Habi- the Nationwide Mortgage Fraud Coor- conserve and protect aquatic habitats. tat Board that will recommend dinator to address mortgage fraud in This legislation leverages Federal, projects to the Secretary of the Inte- the United States, and for other pur- State and private funds to build re- rior for funding. This idea draws from poses. gional partnerships aimed at address- the already successful North American S. RES. 662 ing the nation’s biggest fisheries prob- Wetlands Conservation Act model, At the request of Mr. REID, the name lems. By directing critical new re- which has benefited wetlands in Amer- of the Senator from Illinois (Mr. sources towards the nation’s fish and ica, Canada, and Mexico. The Regional OBAMA) was added as a cosponsor of S. aquatic communities through these Fish Partnerships will also be called on Res. 662, a resolution raising the partnerships, we can foster fish habitat to execute approved on-the-ground awareness of the need for crime preven- conservation efforts and improve the projects designed to ensure the im- tion in communities across the country quality of life for the American people. provement of the fish population and and designating the week of October 2, Using a bottom-up approach, the goal habitat. 2008, through October 4, 2008, as ‘‘Cele- of this effort is to foster landscape By using a bottom-up approach, we brate Safe Communities’’ week. scale, multi-state aquatic habitat im- will engage those who most directly S. RES. 664 provements across the country that impact the health of local waterways At the request of Mrs. DOLE, the perpetuate not only fishery resources and fish populations. These partner- name of the Senator from New Hamp- but the tradition of recreational fish- ships are imperative to our efforts in shire (Mr. GREGG) was added as a co- ing. conserving the fish species and our goal sponsor of S. Res. 664, a resolution cele- The National Fish Habitat Conserva- of improving the quality of life for the brating the centennial of Union Sta- tion Act authorizes $75 million annu- American people. tion in Washington, District of Colum- ally to be directed toward fish habitat I am thankful to Senator LIEBERMAN bia. projects that are supported by regional for his work on this bipartisan effort S. RES. 665 Fish Habitat Partnerships. Based on and encourage all of my colleagues to At the request of Mr. THUNE, his the hugely successful North American join our efforts to protect fish and fish name was added as a cosponsor of S. Wetlands Conservation Act model, this habitat. Res. 665, a resolution designating Octo- legislation establishes a multi-stake- ber 3, 2008, as ‘‘National Alternative holder National Fish Habitat Board By Mr. SMITH (for himself and Fuel Vehicle Day’’. charged with recommending projects to Mr. LIEBERMAN):

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.060 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9418 CONGRESSIONAL RECORD — SENATE September 24, 2008 S. 3554. A bill to provide employees of stabilization of premium cost in- tional presence in the overall effort to small employers with access to quality, creases. ensure health care quality, greater reg- affordable health insurance coverage; A stakeholder board will govern each ulatory consistency and maximize ad- to the Committee on Finance. Health Coverage Exchange Region and ministrative efficiencies. Mr. SMITH. Mr. President, today I must include at a minimum represen- I also would like to comment on the introduce the Affordable Coverage for tation from the insurance commis- subsidies available in the legislation. Small Employers Act of 2008, with my sioners from all member States. That Researchers and policymakers alike colleague, Senator JOSEPH LIEBERMAN. way, States will be the driving force in are well aware that there are some This legislation would tackle one of determining how to harmonize existing working Americans who simply will be the nation’s most pressing domestic rating guidelines to improve stability unable to afford the cost of health in- challenges, ensuring all Americans in the small group market. Each Re- surance no matter how inexpensive it have access to affordable, high quality gional Board will have the flexibility might be. The rhetoric surrounding the health care. While the Affordable Cov- to develop its own common rating issue of the uninsured always includes erage for Small Employers Act may guidelines, in addition to allowing reference to making health insurance not be the panacea to all of our Na- other hard-to-cover groups, like sole more affordable and I fully support tion’s healthcare woes, I believe it is a proprietors and individuals, to partici- that intent. In the work Senator reasonable first step along the path of pate in programs sponsored by the LIEBERMAN and I have done on this reform and it represents a viable solu- Health Coverage Exchange Region. issue, we have found that there are tion to cover the uninsured. While adoption of the common rating very few politically viable reform poli- In my view, that solution begins with guidelines is voluntary, the Affordable cies that would significantly reduce helping small employers gain access to Coverage for Small Employers Act pro- the cost of health coverage for small affordable, high quality health insur- vides States with generous incentives employers. We can implement initia- ance. Over half of the Nation’s unin- to do so. First, small employers in a tives to increase market efficiencies sured has a connection to a business given State will be unable to purchase and provide employers with more cov- that employs fewer than 100 employees. health coverage through its region’s erage options, but those efforts still By extending access to affordable Health Coverage Exchange unless their will not always make health coverage health coverage to those individuals State has adopted the common guide- affordable for all Americans. In our through their employers, we can make lines. Additionally, small employers proposal, allocating targeted, significant progress in reducing the and employees only will have access to advanceable and refundable tax credits number of Americans who do not have the Federal subsidies once the guide- to those who need them is the Federal health insurance. lines are adopted. Change can be dif- Government’s primary responsibility. Broadly, the Affordable Coverage for ficult, especially in regard to reform of Small Employers Act incentivizes re- current regulatory structures. The bill To further encourage participation in form of the existing small group mar- recognizes this fact by allowing States the Exchange and to recognize the im- ket so employers have access to afford- a strong voice in developing the com- portant role employers have in funding able coverage options to meet their mon rating guidelines, as well as addi- health benefits, the Affordable Cov- particular needs. It provides national tional flexibility to implement such erage for Small Employers Act also in- direction to ensure consistency across guidelines in special cases where they cludes advanceable, refundable tax the entire system, but relies upon the differ significantly from existing pol- credits for employers. Employers that existing infrastructure forged by the icy. contribute at least 50 percent of em- States and the private market to ulti- Another key issue the Affordable ployees’ premiums would be eligible for mately provide new coverage options Coverage for Small Employers Act ad- these tax credits to help offset the cost for small employers. Additionally, it dresses is that of ensuring small em- of their share of health coverage. I be- provides graduated, income-sensitive ployers, regardless of their location, lieve this approach will help employers subsidies through tax credits to low-in- has access to a comprehensive health who may be struggling to make ends come individuals to help offset the cost benefit package. We should not expect meet and provide their employees the of their health coverage. It also pro- our small employers to settle for cov- health coverage they need to stay vides graduated tax credits to small erage that is far less comprehensive healthy and productive. employers who contribute at least 50 than what a majority of Americans It is essential that Congress act on percent toward the cost of their em- have access to. Congress can and this issue. We owe it to our small em- ployees’ premiums to encourage them should do better on this front, and the ployers to ensure they have the same to purchase coverage through new, re- proposal does. All small employers will health benefit options available to gional purchasing exchanges. have access to a standard benefit pack- them as larger employers, whose size One of the key principles of the pro- age that mirrors the benefits available and structure allow them to self-fund posal is regional cooperation. The ex- to Members of Congress and other Fed- insurance coverage for their employ- isting system of state-based regulation eral employees. Over time, this benefit ees. The small business community is of the small group market has resulted package will be updated to ensure that the backbone of the American econ- in a great deal of inefficiency in the covered services reflect advances in omy, representing over 99 percent of all marketing and selling of health cov- medical science and are supported by the Nation’s businesses. But we often erage products. One of the key ele- sound, evidence-based research. fail to recognize the essential role ments of reform from the Federal per- While the Affordable Coverage for small businesses play in the economy. spective should be encouraging re- Small Employers Act leaves most re- Each year, they provide approximately gional cooperation—and consistency of sponsibility for day-to-day operations 75 percent of new jobs; account for over regulation—across State lines. The Af- of the Health Coverage Exchange to half of private sector output; and pro- fordable Coverage for Small Employers state-based regional boards, it recog- vide 40 percent of private sales. Small Act accounts for this by apportioning nizes the need for uniformity across businesses represent the realization of States with similar existing insurance the entire system by creating a Na- the American dream. However, even regulations into new ‘‘Health Coverage tional Health Coverage Policy Board with all their successes, there are Exchange Regions.’’ Each of these re- comprised of key stakeholders rep- many challenges that threaten their gions will be charged with developing a resenting the health care field. This continued vitality. common set of rating guidelines so Executive-appointed, independent body In the unfurling healthcare reform that all insurance products sold in the will apportion States into Health Cov- debate, there is no shortage of innova- health coverage exchange are regulated erage Exchange Regions and set broad tive ideas. Aggressive proposals have by the same set of rules. Over time, policy guidelines for the overall sys- been introduced on both sides of the such common regulatory policies will tem. While I firmly believe the reforms aisle just this year. With over 46 mil- have the effect of stabilizing the small needed to improve access in the small lion Americans uninsured and many group market, and generating effi- group market should occur at the more struggling with the cost of cov- ciencies that could lead to longterm State level, there needs to be a na- erage, the time has come for Congress

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.074 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9419 to seriously reform our health care sys- sistently access quality medical care nesses and their employees obtain and tem to ensure all Americans have ac- subsequently choose to forgo care and retain coverage. Moreover, it provides cess to care. Should support exist to eventually seek treatment in emer- a framework for expanding coverage pursue a comprehensive change, there gency rooms. Medical care received in across the Nation. First, this bill offers are several proposals that hold a num- emergency rooms and hospitals as a re- tax credits to employers and employees ber of good ideas that combine the best sult of neglected ailments nearly al- of small businesses in order to abet of private and public section ingenuity. ways cost more than the care forgone. their purchase of health insurance. Recognizing that many people like re- In the end, patients suffer an increased Employers paying for a larger portion ceiving their health insurance through rate of adverse medical outcomes; out- of their employee’s coverage are re- their employer; Congress may choose comes that could have been prevented warded with a larger credit. Employees to pursue a more incremental ap- and medical expenses that could have who make a lower income receive more proach—focusing first on fixing the been avoided. assistance. Without an incentive, it is part of the system that is not work- More than half of the Nation’s 47 mil- highly likely that these individuals ing—the small group market. For a re- lion uninsured individuals are em- will not receive the comprehensive cov- form debate to be successful, we need ployed by, or have family members who erage they need and the security that to bring all key stakeholders to the ne- are employed by, a business with fewer comes with it. gotiating table, including employers. than 100 employees. Smaller businesses Financial incentives alone are not We share common problems, and we are substantially less likely to offer enough though. Small businesses face must work to develop common solu- their employees health coverage than larger administrative costs then large tions. larger businesses. The smaller a busi- businesses, and consumers in the indi- As Congress continues its discussion ness is, the less likely it offers health vidual market face higher premiums of healthcare reform; I am hopeful that benefits. The lack of insurance—and than consumers in group plans. This the concepts included in this proposal thus access to care prior to safety-net bill will create a working and competi- will be given full consideration as we providers—is particularly galling tive marketplace through regional begin to develop solutions to the dif- among low-income workers. Research health boards. These boards will allow ficult, long-standing problems in the indicates that small business owners for businesses and employees to shop health insurance market. I look for- want to offer their employees health for medical coverage from multiple in- ward to working with my colleagues on benefits but do not, because either they surers, and even across State lines. both sides of the aisle to craft policies cannot afford to or they know their These boards will establish a health- that significantly expand small em- employees lack the income to enroll. coverage ‘‘exchange’’ whose main ob- ployers’ access to quality health insur- In a recent poll conducted by the Em- jectives will be to serve as a central ance coverage. This is the help they de- ployee Benefit Research Institute, 47 purchasing site for health coverage, to serve, and this is the help that I know percent of small businesses said they provide information to purchasers and we can give them if we put our ideolog- would be somewhat likely to offer consumers about participating health ical differences aside and begin work- health benefits if they were offered a plans, to facilitate and streamline en- ing together to make real progress on tax credit and 30 percent said they rollment, and to ensure health plan this issue. were much more likely to offer health compliance with minimum operating Mr. LIEBERMAN. Mr. President, I benefits. and quality standards. am pleased to cosponsor Senator A bipartisan approach is the only Third, in order to protect consumers, SMITH’s small business health care bill, viable solution in dealing with a prob- the Affordable Coverage for Small Em- lem of this size. I am pleased to intro- an independent advisory board, the Na- ployers Act of 2008. The health of our duce this bill along with Senator tional Policy Board, in conjunction with the National Academies of Nation’s most vulnerable citizens is SMITH. I am also pleased to see several Sciences’ Institute of Medicine, will es- too often neglected because they lack other health care bills also brought for- tablish a standard benefit package in the income to access our languishing ward with bipartisan support. In prior order that employees receive the cov- health care system. This legislation years, politics instead of policy limited erage they need. An independent body marshals our resources in response to the practical options for health care re- provides the governance needed to reg- the health care challenge. First, it rec- form. As a result, the Congress did not ulate this complex marketplace while ognizes that employees, and their fami- address the problem in a significant retaining insulation from the inter- lies, should not have to forgo health in- way. We must look past the assign- ested parties that would seek to benefit surance merely because they work for ment of political victors and losers themselves at the expense of others. a small business. Second, it provides when we champion health care legisla- small business owners the assistance tion. In the absence of reform, the real There already exists evidence that they need to obtain health coverage for losers are our fellow citizens suffering this approach will work. Several States their workers. Consequently, this bill from preventable diseases because they are experimenting with various forms offers small business workers and their could not go to the doctor or did not of tax credits to expand coverage. In families, the security many of us take receive care in time. They will not ben- Oklahoma and Arizona employees and for granted, by providing them access efit from a merely political victory. employers are being helped through tax to medical care through a free and However, while we have the means to credits to secure insurance. The initial independently-regulated market. provide succor but fail to act, they results of these programs have been en- The health care problem is nearly most certainly lose. couraging. The Federal Government ubiquitous. Our fellow citizens who Any effort to reform health care has been paralyzed for too long, debat- lack insurance increasingly find access needs to be deliberate. Our Government ing which policy prescriptions will to care insuperable. As they are denied was established to prevent rash policy- yield success at an affordable cost. care they increasingly stress the deliv- making. Perhaps with the opportunity These ‘‘laboratories of democracy’’ are ery system by seeking care from pro- design health insurance from scratch, leading the way and this legislation viders of last-resort, such as emergency we would not rely on employers to pro- follows in their spirit. rooms. Emergency room visits reached vide coverage as a benefit. Neverthe- The road to substantial health care an all-time high in 2006. Americans vis- less, our burden is to transform the reform has been long but the path in ited the ER more than 119 million system we have in order to make it front of us is lit brighter than the path times that year, and the number of vis- work for every American. We need to behind us when we travelled it. Over its to our hospitals’ emergency rooms assist employers who are nearly, but the preceding years, our knowledge of grew 46 percent in the last 10 years. Re- not quite, capable of offering insurance what works, what is feasible, and what searchers have examined the link be- coverage and reward employers who is improbable has grown immeas- tween patient access and utilization of have already made investments in the urably. With this knowledge and a kin- providers of last-resort. Health policy health of their employees. dred spirit, I am certain we can guar- experts have definitively shown that The Affordable Coverage for Small antee the best health care for every patients who cannot promptly and con- Employees Act will help small busi- American.

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.075 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9420 CONGRESSIONAL RECORD — SENATE September 24, 2008 By Mr. LEVIN (for himself and taxes and received in the Treasury under sec- turns out that ‘‘royalty relief’’ didn’t Ms. STABENOW): tion 60301 of title 46, United States Code, but phase out the way it should have. We S. 3555. A bill to establish a pilot pro- not more than $20,000,000 for any 1 fiscal learned that the MMS had bungled gram to provide for the preservation year. things so badly that they forgot to in- ‘‘(3) USE OF FUND.—The Secretary of the and rehabilitation of historic light- Treasury shall transfer amounts deposited in clude provisions in their leases requir- houses; to the Committee on Energy the Fund for each fiscal year to the Sec- ing any royalties on those particular and Natural Resources. retary to provide grants to eligible entities leases. Mr. LEVIN. Mr. President, I ask in States based on the ratio that— At the time, the Government Ac- unanimous consent that the text of the ‘‘(A) the total number of lighthouses in the countability Office estimated that this bill be printed in the RECORD. State; bears to single dereliction of duty—which cov- There being no objection, the text of ‘‘(B) the total number of lighthouses in the ered leases issued between 1995 and the bill was ordered to be printed in Inventory of Historic Light Stations pre- 2000—would cost American taxpayers pared by the Secretary. the RECORD, as follows: as much as $11.5 billion . . . and that ‘‘(4) AVAILABILITY.—Amounts in the Fund S. 3555 shall remain available until expended, with- was based on oil prices of between $50 Be it enacted by the Senate and House of Rep- out fiscal year limitation.’’. and $70 dollars—half of what oil prices resentatives of the United States of America in have been this year. GAO recently up- Congress assembled, By Mr. WYDEN (for himself and dated that amount to as much as $14.7 SECTION 1. SHORT TITLE. Mr. BARRASSO): billion. We held hearings on this prob- This Act may be cited as the ‘‘National S. 3556. A bill to improve the admin- lem in the Energy Committee but the Lighthouse Stewardship Act of 2008’’. istration of the Minerals Management bottom line is that nothing has been SEC. 2. FUNDING FOR HISTORIC LIGHTHOUSE Service; to the Committee on Energy done to fix this problem. PRESERVATION. and Natural Resources. We have also learned from Inspector Title III of the National Historic Preserva- Mr. WYDEN. Mr. President, today General and from agency whistle- tion Act (16 U.S.C. 470w et seq.) is amended Senator BARRASSO and I are intro- by adding at the end the following: blowers that MMS has essentially ducing legislation to reform the Min- ‘‘SEC. 310. NATIONAL LIGHTHOUSE STEWARD- stopped conducting audits of the bil- SHIP PILOT PROGRAM. erals Management Service at the U.S. lions of dollars of royalty payments it ‘‘(a) DEFINITIONS.—In this section: Department of Interior. Most Ameri- collects, and it has allowed oil and gas ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible cans have probably never heard of the companies to improperly change the entity’ means a State, unit of local govern- Minerals Management Service. At least amount they owe by allowing them to ment, or nonprofit organization that— they hadn’t heard of it until the In- self-report adjustments to their royal- ‘‘(A) provides financial assistance and spector General of the Interior Depart- ties affecting millions of dollars in grants to local governmental units and non- ment issued a report a couple of weeks payments. profit organizations to preserve and main- ago documenting sordid details of MMS tain historic lighthouse structures; Most recently, the Inspector General ‘‘(B) owns a lighthouse that is listed or eli- employees accepting gifts and dinners for the Department of Interior, Earl gible for listing on the National Register; or and drugs and sex from employees of Devaney, has issued a report that de- ‘‘(C) has a right to maintain and rehabili- the oil and gas companies they were tails his office’s criminal investigation tate a lighthouse described in subparagraph supposed to be doing business with on into the Royalty-in-Kind program at (B) that is owned by the Federal Govern- behalf of American taxpayers. the Minerals Management Service. ment. The MMS is responsible for col- Under the Royalty-in-Kind program, ‘‘(2) FUND.—The term ‘Fund’ means the Na- lecting over $10 billion a year in lease oil and gas companies are allowed to tional Lighthouse Stewardship Fund estab- and royalty payments from companies lished by subsection (c)(1). pay their royalties to the Federal Gov- that drill for oil and gas and mine coal ‘‘(b) LIGHTHOUSE STEWARDSHIP PILOT PRO- ernment not in dollars, but by phys- GRAM.— and minerals on our Federal public ically delivering barrels of oil or cubic ‘‘(1) IN GENERAL.—The Secretary shall es- lands, both onshore and offshore. MMS feet of gas to MMS. MMS, in turn, is tablish a 3-year pilot program under which is also the agency that actually issues responsible for selling that oil and gas the Secretary shall use amounts made avail- the leases for drilling to oil and gas and turning the proceeds over to the able under subsection (c)(3) to provide grants companies off our coasts. And when Treasury. The Inspector General found to eligible entities to preserve and rehabili- you hear the call for more oil drilling that instead of putting the American tate historic lighthouse structures. just remember that it is MMS that’s ‘‘(2) DISTRIBUTION TO ELIGIBLE ENTITIES.— people first, employees of the RIK pro- responsible for issuing those leases and ‘‘(A) APPLICATION.—To be eligible for a gram put themselves first. Mr. grant under this subsection, an eligible enti- making sure that oil and gas compa- Devaney’s investigation, in his words, ty shall submit to the Secretary an applica- nies protect the environment and pay found ‘‘a culture of ethical failure.’’ tion at such time, in such form and manner, their fair share of royalties to the I am not going to go through all of and including such information as the Sec- American people. And that should give the sordid details of what the IG found, retary may require. everyone pause. but I do ask unanimous consent to in- ‘‘(B) APPROVAL OR DISAPPROVAL.—Based on Two years ago, I stood here on the clude his four page summary following criteria established by the Secretary, the floor and spoke for several hours to my remarks. Secretary shall approve or disapprove an ap- draw the Senate’s attention to the mis- plication submitted under subparagraph (A). The bottom line is that this is an ‘‘(C) AVAILABILITY OF GRANT FUNDS.— management of our offshore oil and gas agency that is broken and needs to be ‘‘(i) IN GENERAL.—On approval of an appli- leasing program involving MMS and fixed. The legislation that Sen. cation under subparagraph (B), the Secretary the royalty relief program. The prob- BARRASSO and I are introducing will shall make the grant funds available to the lem then was the failure of MMS to in- start to fix it. eligible entity. clude a key clause in almost 1,000 The legislation has five major com- ‘‘(ii) USE OF EXISTING FUNDS.—To the max- leases that would have required oil and ponents imum extent practicable, the Secretary shall gas companies to pay the U.S. Treas- It requires that the head of the MMS provide funding through existing lighthouse ury higher royalties if the price of oil grant programs administered by State gov- be appointed by the President and ernments. and gas increased. must be confirmed by the Senate. MMS ‘‘(c) NATIONAL LIGHTHOUSE STEWARDSHIP The law MMS was supposed to be im- is the only major bureau within the In- FUND.— plementing was originally written back terior Department that does not re- ‘‘(1) ESTABLISHMENT.—There is established in the mid-1990’s when oil prices were quire its director to be confirmed by in the Treasury of the United States a fund, low—around $15 a barrel, to encourage the Senate. to be known as the ‘National Lighthouse drilling by giving oil companies a It requires MMS to implement a Stewardship Fund’, consisting of such break on paying royalties on new comprehensive audit program, includ- amounts as are appropriated to the Fund leases in the Gulf of Mexico. The royal- under paragraph (2). ing on-site financial audits of royalty ‘‘(2) TRANSFERS TO FUND.—There are appro- ties didn’t kick in until the price of oil payments. priated to the Fund, out of funds of the rose to a certain point where the com- It gives the Secretary of the Interior Treasury not otherwise appropriated, panies would make a profit. Oil prices, 60 days to implement all of the Inspec- amounts equivalent to amounts collected as as we now know, didn’t stay low, but it tor General’s recommendations from

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.066 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9421 both the May business practices report (3) INSPECTOR GENERAL.—The Inspector tracted discussions with DOJ and the ulti- and the more recent September ethics General of the Department shall— mate refusal of one major oil company— report. If that deadline is not met, the (A) conduct, annually and as necessary, au- Chevron—to cooperate with our investiga- Royalty-in-Kind (RIK) Program would dits of activities of the Service, including tion. Since you have already taken assertive steps to replace key leadership and staff in be suspended. leasing and royalty activities; and (B) report the results of the audits of ac- the affected components of MMS, I am con- It requires the Secretary to annually tivities of the Service (including leasing and fident that you will now act quickly to take ‘‘re-certify’’ that the RIK program royalty activities) and the certifications re- the appropriate administrative action to meets all Federal ethics and procure- quired under subsection (e) to— bring this disturbing chapter of MMS history ment laws and regulations. If that re- (i) the Committee on Energy and Natural to a close. certification is not completed, the RIK Resources of the Senate; A CULTURE OF ETHICAL FAILURE program would be suspended. (ii) the Committee on Natural Resources of The single-most serious problem our inves- It directs the Inspector General to the House of Representatives; and tigations revealed is a pervasive culture of annually review the MMS program, in- (iii) the Secretary. exclusivity, exempt from the rules that gov- cluding the RIK certification process. (e) ROYALTIES-IN-KIND PROGRAM.— ern all other employees of the Federal Gov- I am pleased that Sen. BARRASSO, the (1) INITIAL CERTIFICATION.—Subject to para- ernment. ranking Republican member of the graph (3), not later than 60 days after the In the matter involving Ms. Dennet, Mr. date of enactment of this Act, the Secretary Subcommittee on Public Lands and Mayberry and Milton Dial, the results of this shall submit to Congress a certification that investigation paint a disturbing picture of Forests, which I chair, has agreed to be all of the recommendations made by the Of- three Senior Executives who were good an original cosponsor of this bill. While fice of the Inspector General of the Depart- friends, and who remained calculatedly igno- it does not specifically address every ment as the result of investigations that cul- rant of the rules governing post-employment single problem at MMS, it will begin to minated in a memorandum dated September restrictions, conflicts of interest and Federal establish some basic accountability in 9, 2008, and a report dated May 2008 (C-EV- Acquisition Regulations to ensure that two an agency that has demonstrated that MMS-001-2008), with respect to the royalty- lucrative MMS contracts would be awarded it has none. in-kind program have been implemented. to the company created by Mr. Mayberry— Mr. President, I ask unanimous con- (2) ANNUAL CERTIFICATIONS.—Subject to Federal Business Solutions—and later joined sent that the text of the bill and a let- paragraph (3), not later than 1 year after the by Mr. Dial. Ms. Dennet manipulated the ter of support be printed in the date of enactment of this Act and each year contracting process from the start. She thereafter, the Secretary shall submit to worked directly with the contracting officer, RECORD. Congress a certification that the royalty-in- personally participated on the evaluation There being no objection, the mate- kind program is in full compliance with Fed- team for both contracts, asked for an in- rial was ordered to be printed in the eral law (including regulations) governing crease to the first contract amount, and had RECORD, as follows: procurement and ethics. Mayberry prepare the justification for the S. 3556 (3) SUSPENSION.—Notwithstanding any contract increase. Ms. Dennet also appears Be it enacted by the Senate and House of Rep- other provision of law, if the Secretary fails to have shared with Mr. Mayberry the Key resentatives of the United States of America in to make a certification required under para- Qualification criteria upon which bidders Congress assembled, graph (1) or (2), the authority of the Sec- would be judged, two weeks before bid pro- SECTION 1. MINERALS MANAGEMENT SERVICE. retary to carry out each royalty-in-kind pro- posals on the first contract were due. In the other two cases, the results of our (a) DEFINITIONS.—In this section: gram is suspended during the period— investigation reveal a program tasked with (1) DEPARTMENT.—The term ‘‘Department’’ (A) beginning on the day after the deadline means the Department of the Interior. for the certification under that paragraph; implementing a ‘‘business model’’ program. As such, Royalty in Kind (RIK) marketers (2) DIRECTOR.—The term ‘‘Director’’ means and the Director of the Service. (B) ending on the date the Secretary donned a private sector approach to essen- tially everything they did. This included ef- (3) ROYALTY-IN-KIND PROGRAM.—The term makes the certification required under that ‘‘royalty-in-kind program’’ means the pro- paragraph. fectively opting themselves out of the Ethics gram established under— in Government Act, both in practice, and, at (A) section 342 of the Energy Policy Act of UNITED STATES DEPARTMENT OF THE INTERIOR one point, even explored doing so by policy 2005 (42 U.S.C. 15902); or regulation. MEMORANDUM Not only did those in RIK consider them- (B) section 36 of the Mineral Leasing Act To: Secretary Kempthorne selves special, they were treated as special (30 U.S.C. 192); From: Earl E. Devaney, Inspector General by their management. For reasons that are (C) section 27 of the Outer Continental Subject: OIG Investigations of MMS Employ- Shelf Lands Act (43 U.S.C. 1353); or not at all clear, the reporting hierarchy of ees (D) any other similar provision of law. RIK bypassed the one supervisor whose in- This memorandum conveys the final re- tegrity remained intact throughout, Debra (4) SECRETARY.—The term ‘‘Secretary’’ sults of three separate Office of Inspector means the Secretary of the Interior. Gibbs-Tschudy, the Deputy Associate Direc- General (OIG) investigations into allegations tor in Denver, where RIK is located. Rather, (5) SERVICE.—The term ‘‘Service’’ means against more than a dozen current and the Minerals Management Service. RIK was reporting directly to Associate Di- former Minerals Management Service (MMS) (b) ESTABLISHMENT.—The Secretary shall— rector Dennet, who was located some 1500 (1) establish and maintain within the De- employees. In the case of one former em- miles away in Washington, DC, and to whom partment the Minerals Management Service; ployee, Jimmy Mayberry, he has already the unbridled, unethical conduct of RIK em- and pled guilty to a criminal charge. The cases ployees was apparently invisible (although (2) assign to the Service such functions as against former employees, Greg Smith and the Associate Director had been made aware the Secretary considers appropriate. Lucy Querques Dennet, were referred to the of the plan by RIK to explore more formal (c) DIRECTOR.—The Service shall be headed Public Integrity Section of the Department exemption from the ethics rules.) by a Director who shall be appointed by the of Justice (DOJ). However, that office de- More specifically, we discovered that be- President, by and with the advice and con- clined to prosecute. The remaining current tween 2002 and 2006, nearly 1⁄3 of the entire sent of the Senate. employees await your discretion in imposing RIK staff socialized with, and received a wide (d) AUDITS.— corrective administrative action. Others array of gifts and gratuities from, oil and gas (1) ROYALTY AUDITS.—The Director shall have escaped potential administrative action companies with whom RIK was conducting ensure that the Service implements a com- by departing from federal service, with the official business. While the dollar amount of prehensive program of financial audits of usual celebratory send-offs that allegedly gifts and gratuities was not enormous, these royalty payments and adjustments, includ- highlighted the impeccable service these in- employees accepted gifts with prodigious fre- ing physical on-site audits, on the basis of dividuals had given to the Federal Govern- quency. In particular, two RIK marketers re- risk and statistical samples. ment. Our reports belie this notion. ceived combined gifts and gratuities on at (2) STANDARDS.—Not later than 90 days Collectively, our recent work in MMS has least 135 occasions from four major oil and after the date of enactment of this Act, the taken well over two years, involved count- gas companies with whom they were doing Director shall promulgate regulations that— less OIG human resources and an expendi- business—a textbook example of improperly (A) require that all employees of the Serv- ture of nearly $5.3 million of OIG funds. Two receiving gifts from prohibited sources. ice that conduct audits and compliance re- hundred thirty-three witnesses and subjects When confronted by our investigators, none views meet professional auditor qualifica- were interviewed, many of them multiple of the employees involved displayed remorse. tions that are consistent with the latest re- times, and roughly 470,000 pages of docu- We also discovered a culture of substance vision of the Government Auditing Stand- ments and e-mails were obtained and re- abuse and promiscuity in the RIK program— ards published by the Government Account- viewed as part of these investigations. both within the program, including a super- ability Office; and I know you have shared my frustration visor, Greg Smith, who engaged in illegal (B) ensure that all audits conducted by the with the length of time these investigations drug use and had sexual relations with sub- Service are performed in accordance with have taken, primarily due to the criminal ordinates, and in consort with industry. In- the standards. nature of some of these allegations, pro- ternally, several staff admitted to illegal

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.067 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9422 CONGRESSIONAL RECORD — SENATE September 24, 2008 drug use as well as illicit sexual encounters. The management reporting structure of who as lawyers, litigants, and jurors— Alcohol abuse appears to have been a prob- the RIK program must be seriously reconsid- appear before our Federal courts. lem when RIK staff socialized with industry. ered. Given the challenges that will be faced Second, the bill contains provisions For example, two RIK staff accepted lodging in rebuilding this program, it seems impera- that would improve judicial resource from industry after industry events because tive that RIK have management oversight in management and strengthen the con- they were too intoxicated to drive home or immediate proximity, not some 1,500 miles to their hotel. These same RIK marketers away in Washington, DC. stitutional protection of Americans’ also engaged in brief sexual relationships If you have any questions, please do not right to serve on juries. The bill would with industry contacts. Sexual relationships hesitate to contact me at (202) 208-5745. make a juror eligible to receive a $10 with prohibited sources cannot, by defini- supplemental fee after 10 days of trial tion, be arms-length. By Mr. SCHUMER (for himself, service instead of 30 days. Juries serve Finally, we discovered that two of the RIK Mr. SESSIONS, and Mr. LEAHY): to vindicate the rights of all Ameri- employees who accepted gifts also held inap- S. 3569. A bill to make improvements propriate outside employment and failed to cans, including the poor, the powerless, properly report the income they received in the operation and administration of and the marginalized. I am glad this from this work on their financial disclosure the Federal courts, and for other pur- bill takes steps to ensure that eco- forms. Smith, in particular, deliberately se- poses; to the Committee on the Judici- nomic hardship will not be an obstacle creted the true nature of his outside employ- ary. to an individual performing his or her ment—he pitched oil and gas companies that Mr. LEAHY. Mr. President, I am duty to serve on a jury. did business with RIK to hire the outside pleased to join Senators SCHUMER and No American should be threatened or consulting firm—to prevent revealing what SESSIONS in introducing a bipartisan intimidated from exercising their right would otherwise, at a minimum, be a clear bill that would greatly improve the ad- conflict of interest. to serve on a jury. This legislation ministration and efficiency of our Fed- CONCLUSION would strengthen the penalties for em- eral court system. The Judicial Admin- As you know, I have gone on record to say ployers who retaliate against employ- that I believe that 99.9 percent of DOI em- istration and Technical Amendments ees serving on jury duty. It would do so ployees are hard-working, ethical and well- Act of 2008 is an attempt to assist the by increasing the maximum civil pen- intentioned. Unfortunately, from the cases Federal judiciary by replacing anti- alty for an employer who retaliates highlighted here, the conduct of a few has quated processes and bureaucratic hur- against an employee serving on jury cast a shadow on an entire bureau. dles with the necessary tools for the duty from $1,000 to $5,000 and add the In summary, our investigation revealed a 21st century. potential penalty of community serv- relatively small group of individuals wholly I previously introduced a court im- lacking in acceptance of or adherence to gov- ice. The bill also provides district ernment ethical standards; management provement bill in the 108 Congress. I courts with the discretion to bring into that through passive neglect, at best, or pur- hope the bill we introduce today will court those individuals who fail to re- poseful ignorance, at worst, was blind to eas- pass the full Senate with unanimous spond to jury summons, instead of hav- ily discernible misconduct; and a program support and not be held up by a Repub- ing their appearance mandated by stat- that had aggressive goals and admirable lican objection like the similar meas- ute. This improvement would empower ideals, but was launched without the nec- ure I introduced 4 years ago. I have Federal judges to decide what action is essary internal controls in place to ensure also supported past legislative pro- conformity with one of its most important appropriate for those who fail to re- principles: ‘‘Maintain the highest ethical and posals from the Judicial Conference to spond to a jury summons. professional standards.’’ This must be cor- improve the administration of justice Third, in the area of criminal justice, rected. in our Federal courts. provisions in the bill would also clarify RECOMMENDATIONS In recent years, the job of the Fed- existing law to better fulfill Congress’s In conclusion, we offer the following Rec- eral judge has changed considerably. original intent or to make technical ommendations. Today, Federal judges at both the trial corrections. The bill makes technical 1. Take appropriate administrative correc- and appellate level are hearing more corrections to a Federal probation and tive action. cases with fewer available judicial re- supervised release statute. By cor- Some very serious misconduct is identified sources. We have a responsibility to in these reports. While the OIG generally recting these technical errors, we re- does not take a position concerning what ad- pass legislation that helps them keep store the original intent of Congress, ministrative corrective action might be ap- up with changing times and cir- including that intermittent confine- propriate in any given matter, in this in- cumstances. ment applies to supervised release as stance there may be significant enough mis- Our independent judiciary is the envy well as probation. As a former pros- conduct to warrant removal for some indi- of the world, and we must take care to ecutor, I am well aware that confine- viduals. Given the unwillingness of some to protect it. Just as it is the judiciary’s ment, even intermittent confinement, acknowledge their conduct as improper, the duty to deliver justice in a neutral and is not always the appropriate response. subjects of our reports should be carefully unbiased manner, it is the duty of the considered for a life-time ban from working I am glad that this provision includes in the RIK program. legislative branch to provide the req- the proper safeguards and limitations 2. Develop an enhanced ethics program de- uisite tools for the women and men to ensure that intermittent confine- signed specifically for the RIK program. who honorably serve on our judiciary ment will not be abused. Given the RIK culture, an enhanced ethics to ably fulfill their critical responsibil- The legislation would also explicitly program must be designed for RIK, includ- ities. authorize the Director of Administra- ing, but not limited to, (1) an explicit prohi- The legislation we introduce today tive Office to provide goods and serv- bition against acceptance of any gifts or gra- contains technical and substantive pro- tuities from industry, regardless of value; (2) ices to pretrial defendants and clarifies a robust training program to include written posals carried over from previous Con- similar authority recently made avail- certification by employees that they know gresses. The legislation also contains able for post-conviction offenders and understand the ethics requirements by additional proposals that the Federal through the Second Chance Act of 2007. which they are bound; and (3) an augmented judiciary believes will improve its op- Under current law, there is no explicit MMS Ethics Office. erations and allow it to continue to statutory authority to provide for serv- 3. Develop a clear, strict Code of Conduct serve as a bulwark protecting our indi- ices on behalf of offenders who do not for the RIK program. A fundamental Code of Conduct with clear vidual rights and liberties. suffer from substance abuse problems obligations, prohibitions, and consequences First, the provisions in the bill facili- or psychiatric disorders. This provision appears to be necessary to repair the culture tate and update judicial operations. would fill in that gap by providing of misconduct in the RIK program. This code For example, the bill would authorize services to pretrial defendants to en- should include a clear prohibition against realignments in the place of holding sure their appearance at trial. outside employment with the oil and gas in- court in specified district courts. It Finally, the bill would ensure suffi- dustry or consultants to that industry. also would remove a ‘‘public drawing’’ cient representation by Federal judges Given the considerable financial responsibil- requirement for the selection of names among the members of the Sentencing ities involved, MMS should also consider im- for jury wheels, which is now a func- Commission. In 2003, House Repub- plementing a Random Drug Testing program specifically for RIK. tion performed more efficiently by licans saddled the bipartisan and non- 4. Consider changing the reporting struc- computers. These provisions would add controversial AMBER Alert bill with ture of RIK. convenience to the men and women— numerous unrelated and ill-conceived

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.069 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9423 provisions, collectively known as the I look forward to passing this legisla- Building healthy neighborhoods and ‘‘Feeney Amendment,’’ that effectively tion and increasing the Federal Gov- communities increases social cohesive- overturned the basic structure of the ernment’s effectiveness in protecting ness, improves mental health, reduces carefully crafted sentencing guideline the public’s health. crime, and allows more seniors to ‘‘age system. The bill we introduce today Secondly, another significant issue in place’’. Designing our communities contains a provision, similar to the facing our Nation is escalating health with short commuting distances in- JUDGES Act that I cosponsored in care costs from chronic diseases— creases time for extracurricular activi- 2003, that would reverse the provisions health conditions that can be reduced ties for our children, recreation/reju- in the Feeney Amendment that limited if we use our land responsibly and de- venation time after work for adults, the number of Federal judges who can sign and manage our local environ- and time for family members to spend serve on the Sentencing Commission. ments wisely. together or involved in their commu- Our Federal judges are experts on sen- Our physical environment is not nities. tencing policy, indeed they preside being designed to protect or promote My bill, the Health Impact Assess- over criminal sentencing proceedings health. The built environment—the ment Act, will encourage community daily; I am glad this restoration has places where we live, work, shop, and enviroments that improve, or at least been included. play—has an enormous impact on do not harm the public’s health. Health This important legislation has the health, and can encourage active living Impact Assessments, HIAs, are a rel- support of the Administrative Office of and sound nutritional choices. How we atively new strategy here in this coun- the Courts, on behalf of the Judicial plan and build our streets, homes, busi- try, although they have been success- Conference, and senators on both sides nesses and schools can either improve fully used for years in Europe and else- of the aisle. Our judiciary needs these or compromise our health, and I am where to protect the public’s health. improvements to increase its efficiency concerned that more often than not, we Public health is generally not exam- and administrative operations. I urge miss opportunities to get it right. ined in the Environmental Impact Uninformed public policy decisions my Senate colleagues to quickly pass Statement process in this country. can contribute to health inequities, this noncontroversial legislation. Some innovative researchers and plan- chronic disease, increased sprawl and ners are trying HIAs here, including in traffic, decreased air and water qual- By Mr. MENENDEZ: Los Angeles and Atlanta. One recent ity, loss of green space and inappro- S. 3570. A bill to establish a National example was an HIA for proposed oil Public Health Coordinating Council to priate siting of facilities and other un- wanted health consequences. and gas development in Alaska’s North assess the impact of Federal health-re- Slope region. Interestingly, they lated socio-economic and environ- However, with good planning, we can intentionally and predictably improve learned that the local community was mental policies across Federal agencies concerned about loss of hunting to improve the public’s health; to the health outcomes, improve individual safety, protect the environment, and grounds, increased contamination of Committee on Health, Education, their food supply and water quality, Labor, and Pensions. lower public costs. For example, when car use was reduced during the 1966 At- and an increased trafficking of alcohol Mr. MENENDEZ. Mr. President, I and drugs. Their findings included rise to speak on behalf of the public’s lanta Olympic Games, asthma admis- sions to emergency rooms and hos- measures to mitigate these health con- health, and I am introducing two cerns, such as creating a health advi- pieces of legislation that will help us pitals also decreased. Obese and physically inactive work- sory board and increasing public safety assure that healthy people live, work ers have higher health care costs, lower officers, setting up a public health and learn in healthy buildings and productivity, increased absenteeism monitoring system and strategies to healthy communities, S. 3570 and S. and higher workers’ compensation control spills and contaminants. 3571. claims. In one state, physical inac- My bill requests that the GAO iden- Public health is a shared responsi- tivity was estimated to cost $128 per tify what works best for assessing plan- bility of both public and private enti- person per year. ning, the impact of land use and build- ties—Federal, State, and local govern- So imagine, if 10 percent of Ameri- ing design, and social policy on com- ments, as well as independent organiza- cans began a regular walking program, munity health. It also creates a na- tions and even individuals in their we could save $5.6 billion in heart dis- tional clearinghouse and demonstra- local communities. We all have a role ease costs. If you combine concerns tion program to improve the built envi- to play, and we must all do more if we over growing health care costs with ronment and promote health. Addition- are to truly improve the public’s concerns over growing waistlines and ally, it strengthens CDC’s capacity to health. That is why today I am intro- chronic diseases, it becomes clear very promote HIA processes by developing ducing the Public Health Coordinating quickly that designing our environ- guidance for assessing the potential Council Act. This bill will establish a ment to encourage walking and phys- health effects of social policy, land use National Public Health Coordinating ical activity is a good investment. and design, housing, and transpor- Council, to be chaired by the Assistant We can improve health outcomes by tation policy and plans. Secretary of Health and the Surgeon how we design our environments. Peo- I want to thank the National Asso- General. This Council will be a forum ple living in the most sprawling coun- ciation of County & City Health Offi- to improve interagency communica- ties are likely to weigh on average six cials, Partnership for Prevention, tion, coordination and strategic col- pounds more than people in the most American College of Preventive Medi- laboration across Federal agencies. We compact counties, and are more likely cine, American Public Health Associa- should have confidence that policies to be obese and have high blood pres- tion, and Trust for America’s Health and programs from one office support, sure. for their help and support of this legis- rather than undermine, the policies We can improve public safety out- lation. and programs in another office. Unfor- comes by how we design our environ- tunately, I’m not sure that’s the case ments. The 10 most sprawling cities f within today’s structure. had traffic death rates 50 percent high- SUBMITTED RESOLUTIONS For example, if the Department of er than the 10 least sprawling. Health and Human Services is working We can protect our environments by to reduce obesity, the 2nd leading how we design them. Improved land cause of preventable death in the Na- use, design and engineering practices, SENATE RESOLUTION 679—COM- tion, how well do the policies of the and conservation and recycling sub- MEMORATING THE 219TH ANNI- Transportation, Interior or Agriculture stantially reduce contamination of VERSARY OF THE UNITED departments support these same goals? major public water supplies, and pre- STATES MARSHALS SERVICE Are they working on programs to en- serve habitats and biodiversity of spe- Mr. MARTINEZ (for himself and Mr. courage public safety, or physical ac- cies. NELSON or Florida) submitted the fol- tivity and healthy eating, as they We can improve social connectedness lowing resolution; which was referred should be? by how we design our environments. to the Committee on the Judiciary:

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.082 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9424 CONGRESSIONAL RECORD — SENATE September 24, 2008 S. RES. 679 S. RES. 680 SENATE RESOLUTION 682—RECOG- Whereas the Act entitled ‘‘An Act to estab- Whereas, the Permanent Subcommittee on NIZING HISPANIC HERITAGE lish the Judicial Court of the United Investigations of the Committee on Home- MONTH AND CELEBRATING THE States’’, approved September 24, 1789 (1 Stat. land Security and Governmental Affairs con- HERITAGE AND CULTURE OF 73, chapter 20) (commonly known as the ‘‘Ju- ducted an investigation into how financial HISPANIC AMERICANS AND diciary Act of 1789’’), directed the appoint- institutions have designed, marketed, and ment of United States Marshals and THEIR IMMENSE CONTRIBUTIONS implemented transactions intended to enable launched the United States Marshals Serv- TO THE NATION ice; foreign taxpayers to avoid taxes on U.S. Whereas the Judiciary Act of 1789 deter- stock dividends; Mr. SALAZAR (for himself, Mr. mined that law enforcement would be the Whereas, the Subcommittee has received MENENDEZ, Mr. MARTINEZ, Mr. REID, primary function of the United States Mar- requests from law enforcement and regu- Ms. STABENOW, Mr. DURBIN, Mr. BINGA- shals; latory agencies for access to records of the MAN, Mr. OBAMA, Mr. LEVIN, Mrs. CLIN- Whereas President George Washington ap- Subcommittee’s investigation; pointed the first 13 United States Marshals TON, Mr. LAUTENBERG, Mr. SCHUMER, Whereas, by the privileges of the Senate of soon after signing the Judiciary Act of 1789 Mr. DODD, Mr. FEINGOLD, Mrs. BOXER, the United States and Rule XI of the Stand- into law; Mr. DOMENICI, Mrs. MURRAY, Mr. ing Rules of the Senate, no evidence under Whereas, during 219 years of service, LUGAR, and Mrs. HUTCHISON) submitted United States Marshals have executed war- the control or in the possession of the Senate rants, distributed presidential proclama- can, by administrative or judicial process, be the following resolution; which was tions, registered enemy aliens in time of taken from such control or possession but by considered and agreed to: war, and helped conduct the national census; permission of the Senate; S. RES. 682 Whereas, during 219 years of service, Whereas, when it appears that evidence United States Marshals have protected the under the control or in the possession of the Whereas from September 15, 2008, through President and the Federal courts, provided Senate is needed for the promotion of jus- October 15, 2008, the country celebrates His- for the custody and transportation of Fed- tice, the Senate will take such action as will panic Heritage Month; eral prisoners, and maintained and disposed promote the ends of justice consistent with Whereas the Census Bureau estimates the of seized and forfeited properties; the privileges of the Senate: Now, therefore, Hispanic population in the United States at Whereas, during 219 years of service, be it 45,500,000 people, making Hispanic Americans United States Marshals have ensured the the largest ethnic minority within the safe conduct of judicial proceedings and pro- Resolved, That the Chairman and Ranking United States; tected Federal judges and jurors and other Minority Member of the Permanent Sub- Whereas 1 in 3 United States public school members of the Federal judiciary; committee on Investigations of the Com- students is Hispanic, and the total number of Whereas, through the Witness Security mittee on Homeland Security and Govern- Hispanic students enrolled in our Nation’s Program, United States Marshals provide for mental Affairs, acting jointly, are authorized public schools is expected to reach 28,000,000 the security, health, and safety of nearly to provide to law enforcement officials, regu- by 2050; 18,000 Government witnesses and their fam- latory agencies, and other entities or indi- Whereas the purchasing power of Hispanic viduals duly authorized by federal, state, or ily members whose lives are in danger as a Americans has reached $870,000,000,000 by 2008 foreign governments, records of the Sub- result of the witnesses’ testimony against and there are more than 1,600,000 Hispanic- committee’s investigation into how financial gangs, drug traffickers, terrorists, organized owned firms in the United States, supporting institutions have designed, marketed, and crime members, and other criminals; 1,536,795 employees nationwide; implemented transactions intended to enable Whereas the United States Marshals Serv- Whereas Hispanic Americans serve in all foreign taxpayers to avoid taxes on U.S. ice directs and coordinates regional and dis- branches of the Armed Forces, bravely stock dividends. trict fugitive task forces that combine the fought in every war in United States history, efforts of Federal, State, and local law en- and continue to serve with distinction in Af- forcement agencies to apprehend the most f ghanistan and Iraq; dangerous fugitives, making the United Whereas 140,000 Hispanic soldiers served in States safer; the Korean War; Whereas, during 219 years of service, SENATE RESOLUTION 681—TO Whereas more than 80,000 Hispanics served United States Marshals have conducted their ALLOW THE PART TIME, VOLUN- in the Vietnam War, representing 5.5 percent mission of apprehending fugitives with skill TEER PRACTICE OF MEDICINE IN of those who made the ultimate sacrifice for and valor; PREVIATE MEDICAL FACILITIES their country in that conflict although they Whereas, during fiscal year 2008, United comprised only 4.5 percent of the United States Marshals have arrested more than Mr. MCCONNELL (for himself, Mr. 100,000 fugitives wanted for committing felo- States population at the time; CORNYN, and Mr. INHOFE) submitted the Whereas, as of August 2, 2008, approxi- nies and have conducted more than 800 extra- following resolution; which was re- ditions; and mately 11 percent of the more than 4,122 Whereas United States Marshals carry out ferred to the Committee on Rules and United States military fatalities in Iraq complex and life-threatening missions daily Administration: have been Hispanic; Whereas there are more than 1,100,000 His- to maintain the integrity of the judicial S. RES. 681 process of the United States: Now, therefore, panic veterans of the United States Armed be it Resolved, Forces; Resolved, That the Senate— Whereas 43 Hispanic Americans have re- (1) congratulates the United States Mar- SECTION 1. VOLUNTARY PROVISION OF MEDICAL ceived the Congressional Medal of Honor, the SERVICES. shals Service on its 219th anniversary; highest award for valor in action against an (2) commends the United States Marshals (a) IN GENERAL.—Notwithstanding any enemy force which can be bestowed upon an Service as one of the most versatile and ef- other provision of the rules or regulations of individual serving in the United States fective law enforcement agencies in the the Senate, a Senator may use the medical Armed Forces; world; and facilities of a private entity in order to pro- Whereas Hispanic Americans are dedicated (3) honors the men and women who have vide voluntary and necessary medical care to public servants, holding posts at the highest served the United States Marshals Service his patients, provided that the Senator— levels of government, including 3 seats in the and the Nation valiantly with their dedica- (1) is a licensed physician; United States Senate; and tion to justice, integrity, and service. (2) only practices medicine on a part-time Whereas Hispanic Americans harbor a deep f basis outside of regular Senate office hours; commitment to family and community, an (3) believes in good faith that he must use enduring work ethic, and a perseverance to SENATE RESOLUTION 680—TO AU- the medical facilities of a private entity in succeed and contribute to society: Now, THORIZE THE PRODUCTION OF order to provide the necessary and profes- therefore, be it RECORDS BY THE PERMANENT sionally required level of medical care to his Resolved, That the Senate— SUBCOMMITTEE ON INVESTIGA- patients; (1) recognizes the celebration of Hispanic TIONS OF THE COMMITTEE ON (4) does not receive any compensation, in- Heritage Month from September 15, 2008, HOMELAND SECURITY AND GOV- come, or revenue as a result of providing through October 15, 2008; such voluntary medical care; and ERNMENTAL AFFAIRS (2) honors the heritage and culture of His- (5) does not allow the private medical facil- panic Americans and their immense con- Mr. REID (for himself and Mr. ity to use his name. tributions to the life of the Nation; and MCCONNELL) submitted the following (b) EFFECTIVE PERIOD.—This resolution (3) urges the people of the United States to resolution; which was considered and shall take effect on the date of adoption of observe Hispanic Heritage Month with appro- agreed to: this resolution. priate programs and activities.

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.071 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9425 SENATE RESOLUTION 683—DESIG- Whereas the United States has led the inadequate housing and a greater risk of HIV NATING THE WEEK OF OCTOBER world in financial contributions to humani- infection, poor health outcomes, and early 19 THROUGH OCTOBER 25, 2008, AS tarian aid and peacekeeping operations in death; ‘‘NATIONAL CHILDHOOD LEAD Darfur; Whereas poor living conditions, including Whereas, on July 31, 2007, the United Na- overcrowding and homelessness, undermine POISONING PREVENTION WEEK’’ tions Security Council voted to deploy an safety, privacy, and efforts to promote self- Mr. REED (for himself, Ms. COLLINS, historic United Nations-African Union respect, human dignity, and responsible sex- Mr. WHITEHOUSE, Mr. BOND, Mr. (UNAMID) peacekeeping force to stem the ual behavior; violence in Darfur and create conditions for ISAKSON, Mr. CARDIN, Mr. LEVIN, Mr. Whereas, according to the National AIDS peace talks; Housing Coalition, individuals who are BIDEN, Mr. LIEBERMAN, Mr. KERRY, Ms. Whereas only approximately 10,000 of the homeless or unstably housed are 2 to 6 times STABENOW, Mr. FEINGOLD, Mrs. BOXER, authorized force of 26,000 peacekeepers and more likely to use hard drugs, share needles, Mr. LEAHY, Mr. PRYOR, and Mr. LAU- police have deployed to Darfur, delayed by or exchange sex than individuals with stable TENBERG) submitted the following reso- Sudanese obstruction as well as by a failure housing, as the lack of stable housing di- lution; which was considered and of the international community to commit rectly impacts the ability of individuals liv- agreed to: sufficient resources and to overcome ing in poverty to reduce HIV risk behaviors; logistical obstacles; and S. RES. 683 Whereas, despite the evidence indicating Whereas more than four years have passed that adequate housing has a direct positive Whereas lead poisoning is one of the lead- since Congress declared the conflict in effect on the prevention and treatment of ing environmental health hazards facing Darfur to be genocide and conditions on the HIV and health outcomes, the lack of re- children in the United States; ground in Darfur continue to worsen: Now, sources dedicated to providing adequate Whereas approximately 240,000 children in therefore, be it housing has been largely ignored in policy the United States under the age of 6 cur- Resolved, That the Senate— discussions at the international level; and rently have harmful levels of lead in their (1) urges the President, the United Nations Whereas the United Nations, in the 2006 blood; Secretary-General, the African Union, and Political Declaration on HIV/AIDS, em- Whereas lead poisoning may cause serious, other key members of the international com- braced the goal of universal access to com- long-term harm to children, including re- munity to pursue a comprehensive solution prehensive prevention programs and treat- duced intelligence and attention span, be- to the Darfur crisis by— ment, care, and support for individuals with havior problems, learning disabilities, and (A) supporting efforts to launch a just and HIV by 2010: Now, therefore, be it impaired growth; inclusive peace process; Resolved by the Senate (the House of Rep- Whereas children from low-income families (B) ensuring the full and effective deploy- resentatives concurring), That it is the sense are significantly more likely to be poisoned ment of the UNAMID mission; of Congress that ensuring the availability of by lead than are children from high-income (C) ensuring the free and unfettered flow of adequate housing is an essential component families; humanitarian aid; of an effective strategy for the prevention Whereas children may be poisoned by lead (D) promoting economic and political de- and treatment of HIV and the care of indi- in water, soil, housing, or consumable prod- velopment programs; viduals with HIV. ucts; (E) supporting full implementation of the Whereas children most often are poisoned Comprehensive Peace Agreement of 2005; and f in their homes through exposure to lead par- (F) promoting justice and accountability; ticles when lead-based paint deteriorates or (2) condemns the Government of Sudan for SENATE CONCURRENT RESOLU- is disturbed during home renovation and re- its continued obstruction of the deployment TION 103—RECOGNIZING THE 10TH painting; and of United Nations-African Union peace- ANNIVERSARY OF THE ESTAB- Whereas lead poisoning crosses all barriers keepers and equipment; LISHMENT OF THE MINORITY of race, income, and geography: Now, there- (3) condemns the ongoing acts of violence AIDS INITIATIVE fore, be it in and obstruction of aid to Darfur com- Resolved, That the Senate— mitted by all parties; and Mrs. CLINTON submitted the fol- (1) designates the week of October 19 (4) calls upon the Government of Sudan lowing concurrent resolution; which through October 25, 2008, as ‘‘National Child- and armed parties in the region to declare was referred to the Committee on hood Lead Poisoning Prevention Week’’; and and respect an immediate cessation of hos- Health, Education, Labor, and Pen- (2) calls upon the people of the United tilities, abide by the United Nations embargo sions: States to observe National Childhood Lead on the importation of arms, cease predation S. CON. RES. 103 Poisoning Prevention Week with appropriate and attacks upon humanitarian organiza- programs and activities. tions, and participate in international ef- Whereas the Minority AIDS Initiative was forts to negotiate a lasting political settle- established on October 28, 1998, under the f ment for the region. leadership of the Congressional Black Cau- SENATE RESOLUTION 684—CALL- f cus, during the chairmanship of Representa- ING FOR A COMPREHENSIVE tive Maxine Waters, to target funds for the STRATEGY TO ADDRESS THE SENATE CONCURRENT RESOLU- awareness, prevention, testing, and treat- TION 102—EXPRESSING THE CRISIS IN DARFUR, SUDAN ment of human immunodeficiency virus and SENSE OF CONGRESS THAT EN- acquired immunodeficiency syndrome (HIV/ Mr. DURBIN (for himself, Ms. SNOWE, SURING THE AVAILABILITY OF AIDS) toward racial and ethnic minority Mr. KERRY, Mr. FEINGOLD, Mr. LUGAR, ADEQUATE HOUSING IS AN ES- communities and toward community-based Mr. BROWNBACK, Mr. SCHUMER, Mr. SENTIAL COMPONENT OF AN EF- organizations and health care providers serv- MENENDEZ, Mr. SPECTER, Mr. BIDEN, FECTIVE STRATEGY FOR THE ing these communities; Whereas HIV/AIDS is a devastating epi- Mr. OBAMA, Mr. DODD, Mr. LEAHY, Mr. PREVENTION AND TREATMENT demic that continues to grow in commu- LEVIN, Mr. WHITEHOUSE, Mrs. MURRAY, OF HIV AND THE CARE OF INDI- nities throughout the United States; Mr. ISAKSON, Mr. CHAMBLISS, Mr. VIDUALS WITH HIV Whereas there are more than 1,000,000 peo- SUNUNU, Mr. SANDERS, Mrs. CLINTON, Mrs. CLINTON submitted the fol- ple living with HIV/AIDS in the United Mr. ROBERTS, Mrs. DOLE, Mr. BINGA- lowing concurrent resolution; which States today; MAN, Mrs. BOXER, Mr. WYDEN, Mr. LAU- was referred to the Committee on Whereas there are more than 14,000 AIDS- related deaths every year in the United TENBERG, Mrs. FEINSTEIN, Mr. COLE- Banking, Housing, and Urban Affairs: MAN, and Mr. VOINOVICH) submitted the States; S. CON. RES. 102 following resolution; which was consid- Whereas approximately 1 in 4 of the people ered and agreed to: Whereas adequate and secure housing is living with HIV/AIDS in the United States recognized as a human right in Article 25 of do not know they are infected; S. RES. 684 the Universal Declaration of Human Rights, Whereas all racial and ethnic minorities Whereas more than 300,000 people have died adopted by the General Assembly of the are disproportionately impacted by HIV/ and approximately 2,500,000 have been dis- United Nations on December 10, 1948; AIDS; placed in Darfur since 2003, according to esti- Whereas strong and consistent research Whereas African-Americans account for mates by the United Nations; findings show that the socioeconomic status about 1⁄2 of new AIDS cases, although ap- Whereas Congress unanimously declared on of individuals and groups is a key deter- proximately 13 percent of the population as a July 22, 2004, that the atrocities in Darfur minant of health; whole is Black, and the Centers for Disease were genocide; Whereas the link between poverty and an Control and Prevention (CDC) estimates that Whereas, on September 9, 2004, Secretary increased risk of contracting HIV and other African-Americans accounted for 45 percent of State Colin Powell and on June 1, 2005, poor health outcomes is well established; of new HIV infections in 2006; President George W. Bush described the cri- Whereas research findings demonstrate Whereas Hispanic Americans account for 19 sis in Darfur as genocide; that there is a direct relationship between percent of new AIDS cases, although only 15

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.080 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9426 CONGRESSIONAL RECORD — SENATE September 24, 2008 percent of the population as a whole is His- (4) supports the continued funding of the the impact on the health of students of these panic, and the CDC estimates that Hispanic- Minority AIDS Initiative and other Federal centers. Americans accounted for 17 percent of new programs to stop the spread of HIV/AIDS and (B) CONTENT.—In conducting the study HIV infections in 2006; to provide effective, compassionate treat- under subparagraph (A), the Comptroller Whereas Asian-Americans and Pacific Is- ment and care to individuals affected by General of the United States shall analyze— landers account for 1 percent of new AIDS HIV/AIDS. (i) the impact that Federal funding could cases, and Native Americans and Alaska Na- f have on the operation of school-based health tives account for up to 1 percent of new centers; AIDS cases; AMENDMENTS SUBMITTED AND (ii) any cost savings to other Federal pro- Whereas approximately 70 percent of new PROPOSED grams derived from providing health services AIDS cases are racial and ethnic minorities; in school-based health centers; SA 5642. Mr. DORGAN (for Mr. KENNEDY Whereas, in 2008, the CDC released new es- (iii) the effect on the Federal Budget and timates of HIV infection, which indicate that (for himself and Mr. HATCH)) proposed an amendment to the bill H.R. 1343, to provide the health of students of providing Federal approximately 56,300 new HIV infections oc- funds to school-based health centers and curred in the United States in 2006; additional authorizations of appropriations for the health centers program under section clinics, including the result of providing dis- Whereas these new estimates are approxi- ease prevention and nutrition information; mately 40 percent higher than the CDC’s pre- 330 of such Act, and for other purposes. SA 5643. Mr. WYDEN (for himself and Mr. (iv) the impact of access to health care vious estimates of 40,000 new infections per from school-based health centers in rural or year; BARRASSO) submitted an amendment in- underserved areas; and Whereas the CDC’s data confirms that the tended to be proposed by him to the bill S. (v) other sources of Federal funding for most severe impact of HIV/AIDS continues 3268, to amend the Commodity Exchange school-based health centers. to be among gay and bisexual men of all Act, to prevent excessive price speculation (3) HEALTH CARE QUALITY STUDY.— races, and Black men and women; with respect to energy commodities, and for (A) IN GENERAL.—Not later than 1 year Whereas the purpose of the Minority AIDS other purposes; which was ordered to lie on after the date of enactment of this Act, the Initiative is to enable community-based or- the table. Secretary of Health and Human Services (re- ganizations and health care providers in mi- SA 5644. Mr. SALAZAR (for Mrs. nority communities to improve their capac- MCCASKILL (for herself, Mr. SALAZAR, Ms. ferred to in this Act as the ‘‘Secretary’’), ity to deliver culturally and linguistically COLLINS, and Mr. LIEBERMAN)) proposed an acting through the Administrator of the appropriate HIV/AIDS care and services; amendment to the bill H.R. 928, to amend the Health Resources and Services Administra- Whereas the establishment of the Minority Inspector General Act of 1978 to enhance the tion, and in collaboration with the Agency AIDS Initiative was announced on October independence of the Inspectors General, to for Healthcare Research and Quality, shall 28, 1998, during a ‘‘roll-out’’ event sponsored create a Council of the Inspectors General on prepare and submit to the Committee on by the Congressional Black Caucus, which Integrity and Efficiency, and for other pur- Health, Education, Labor, and Pensions of featured the participation of President Bill poses. the Senate and the Committee on Energy and Commerce of the House of Representa- Clinton, Secretary of Health and Human f Services Donna Shalala, Representative tives a report that describes agency efforts Maxine Waters, members of the Congres- TEXT OF AMENDMENTS to expand and accelerate quality improve- ment activities in community health cen- sional Black Caucus, and representatives of SA 5642. Mr. DORGAN (for Mr. KEN- HIV/AIDS service and advocacy organiza- ters. NEDY (for himself and Mr. HATCH)) pro- tions; (B) CONTENT.—The report under subpara- Whereas it was announced at this roll-out posed an amendment to the bill H.R. graph (A) shall focus on— that the Minority AIDS Initiative would re- 1343, to provide additional authoriza- (i) Federal efforts, as of the date of enact- ceive an initial appropriation of $156,000,000 tions of appropriations for the health ment of this Act, regarding health care qual- in fiscal year 1999; centers program under section 330 of ity in community health centers, including Whereas concerned Members of Congress, such Act, and for other purposes; as quality data collection, analysis, and report- including members of the Congressional follows: ing requirements; Black Caucus, the Congressional Hispanic (ii) identification of effective models for Caucus, the Congressional Asian Pacific Strike all after the enacting clause and in- quality improvement in community health American Caucus, and the Congressional His- sert the following: centers, which may include models that— panic Conference, continue to support the SECTION 1. SHORT TITLE. (I) incorporate care coordination, disease Minority AIDS Initiative; This Act may be cited as the ‘‘Health Care management, and other services dem- Whereas the Minority AIDS Initiative con- Safety Net Act of 2008’’. onstrated to improve care; tinues to provide funding to community- SEC. 2. COMMUNITY HEALTH CENTERS PROGRAM (II) are designed to address multiple, co-oc- based organizations, research institutions, OF THE PUBLIC HEALTH SERVICE curring diseases and conditions; minority-serving colleges and universities, ACT. (III) improve access to providers through health care organizations, State and local (a) ADDITIONAL AUTHORIZATIONS OF APPRO- non-traditional means, such as the use of re- health departments, correctional institu- PRIATIONS FOR THE HEALTH CENTERS PRO- mote monitoring equipment; tions, and other providers of health informa- GRAM OF PUBLIC HEALTH SERVICE ACT.—Sec- (IV) target various medically underserved tion and services to help such entities ad- tion 330(r) of the Public Health Service Act populations, including uninsured patient dress the HIV/AIDS epidemic within the mi- (42 U.S.C. 254b(r)) is amended by amending populations; nority populations they serve; paragraph (1) to read as follows: (V) increase access to specialty care, in- Whereas Congress codified the Minority ‘‘(1) IN GENERAL.—For the purpose of car- cluding referrals and diagnostic testing; and AIDS Initiative within the most recent reau- rying out this section, in addition to the (VI) enhance the use of electronic health thorization of the Ryan White CARE Act; amounts authorized to be appropriated under records to improve quality; Whereas the Minority AIDS Initiative fills subsection (d), there are authorized to be ap- (iii) efforts to determine how effective gaps in HIV/AIDS outreach, awareness, pre- propriated— quality improvement models may be adapted vention, treatment, surveillance, and infra- ‘‘(A) $2,065,000,000 for fiscal year 2008; for implementation by community health structure across communities of color; and ‘‘(B) $2,313,000,000 for fiscal year 2009; centers that vary by size, budget, staffing, Whereas, October 28, 2008, is the 10th anni- ‘‘(C) $2,602,000,000 for fiscal year 2010; services offered, populations served, and versary of the establishment of the Minority ‘‘(D) $2,940,000,000 for fiscal year 2011; and other characteristics determined appropriate AIDS Initiative: Now, therefore, be it ‘‘(E) $3,337,000,000 for fiscal year 2012.’’. by the Secretary; Resolved by the Senate (the House of Rep- (b) STUDIES RELATING TO COMMUNITY (iv) types of technical assistance and re- resentatives concurring), That the Senate— HEALTH CENTERS.— sources provided to community health cen- (1) recognizes and commemorates the 10th (1) DEFINITIONS.—For purposes of this sub- ters that may facilitate the implementation anniversary of the establishment of the Mi- section— of quality improvement interventions; nority AIDS Initiative; (A) the term ‘‘community health center’’ (v) proposed or adopted methodologies for (2) commends the efforts of community- means a health center receiving assistance community health center evaluations of based organizations and health care pro- under section 330 of the Public Health Serv- quality improvement interventions, includ- viders in minority communities to deliver ice Act (42 U.S.C. 254b); and ing any development of new measures that culturally and linguistically appropriate (B) the term ‘‘medically underserved popu- are tailored to safety-net, community-based human immunodeficiency virus and acquired lation’’ has the meaning given that term in providers; immunodeficiency syndrome (HIV/AIDS) such section 330. (vi) successful strategies for sustaining care and services within the minority popu- (2) SCHOOL-BASED HEALTH CENTER STUDY.— quality improvement interventions in the lations they serve; (A) IN GENERAL.—Not later than 2 years long-term; and (3) encourages racial and ethnic minorities after the date of enactment of this Act, the (vii) partnerships with other Federal agen- to educate themselves about the prevention Comptroller General of the United States cies and private organizations or networks and treatment of HIV/AIDS and reduce the shall issue a study of the economic costs and as appropriate, to enhance health care qual- stigma associated with HIV/AIDS; and benefits of school-based health centers and ity in community health centers.

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(C) DISSEMINATION.—The Administrator of (II) advantages and disadvantages of such the Public Health Service Act (42 U.S.C. the Health Resources and Services Adminis- models compared to other models of care de- 254k(a)) is amended by striking ‘‘2002 tration shall establish a formal mechanism livery for medically underserved and unin- through 2006’’ and inserting ‘‘2008 through or mechanisms for the ongoing dissemina- sured populations, including— 2012’’. tion of agency initiatives, best practices, and (aa) quality measurement and quality out- (2) SCHOLARSHIP AND LOAN REPAYMENT PRO- other information that may assist health comes; GRAMS.—Subsection (a) of section 338H of care quality improvement efforts in commu- (bb) administrative efficiencies; and such Act (42 U.S.C. 254q) is amended by strik- nity health centers. (cc) geographic distribution of federally- ing ‘‘appropriated $146,250,000’’ and all that (4) GAO STUDY ON INTEGRATED HEALTH SYS- supported clinics compared to geographic follows through the period and inserting the TEMS MODEL FOR THE DELIVERY OF HEALTH distribution of integrated health systems. following: ‘‘appropriated— CARE SERVICES TO MEDICALLY UNDERSERVED (5) GAO STUDY ON VOLUNTEER ENHANCE- ‘‘(1) for fiscal year 2008, $131,500,000; AND UNINSURED POPULATIONS.— MENT.— ‘‘(2) for fiscal year 2009, $143,335,000; (A) STUDY.—The Comptroller General of (A) IN GENERAL.—Not later than 6 months ‘‘(3) for fiscal year 2010, $156,235,150; the United States shall conduct a study on after the date of enactment of this Act, the ‘‘(4) for fiscal year 2011, $170,296,310; and integrated health system models of at least Comptroller General of the United States ‘‘(5) for fiscal year 2012, $185,622,980.’’. 15 sites for the delivery of health care serv- shall conduct a study, and submit a report to (b) ELIMINATION OF 6-YEAR DEMONSTRATION ices to medically underserved and uninsured Congress, concerning the implications of ex- REQUIREMENT.—Section 332(a)(1) of the Pub- populations. The study shall include an ex- tending Federal Tort Claims Act (chapter 171 lic Health Service Act (42 U.S.C. 254e(a)(1)) is amination of— of title 28, United States Code) coverage to amended by striking ‘‘Not earlier than 6 (i) health care delivery models sponsored health care professionals who volunteer to years’’ and all that follows through ‘‘pur- by public or private non-profit entities furnish care to patients of health centers. poses of this section.’’. that— (B) CONTENT.—In conducting the study (c) ASSIGNMENT TO SHORTAGE AREA.—Sec- (I) integrate primary, specialty, and acute under subparagraph (A), the Comptroller tion 333(a)(1)(D)(ii) of the Public Health care; and General of the United States shall analyze— Service Act (42 U.S.C. 254f(a)(1)(D)(ii)) is (II) serve medically underserved and unin- (i) the potential financial implications for amended— sured populations; and the Federal Government of such an exten- (1) in subclause (IV), by striking ‘‘and’’; (ii) such models in rural and urban areas. sion, including any increased funding needed (2) in subclause (V), by striking the period (B) REPORT.—Not later than 1 year after for current health center Federal Tort at the end and inserting ‘‘; and’’; and the date of the enactment of this Act, the Claims Act coverage; (3) by adding at the end the following: Comptroller General of the United States (ii) an estimate of the increase in the num- ‘‘(VI) the entity demonstrates willingness shall submit to Congress a report on the ber of health care professionals at health to support or facilitate mentorship, profes- study conducted under subparagraph (A). centers, and what types of such professionals sional development, and training opportuni- The report shall include— would most likely volunteer given the exten- ties for Corps members.’’. (d) PROFESSIONAL DEVELOPMENT AND (i) an evaluation of the models, as de- sion of Federal Tort Claims Act coverage; TRAINING.—Subsection (d) of section 336 of scribed in subparagraph (A), in— (iii) the increase in services provided by (I) expanding access to primary, preven- the Public Health Service Act (42 U.S.C. health centers as a result of such an increase tive, and specialty services for medically un- 254h-1) is amended to read as follows: in health care professionals, and in par- derserved and uninsured populations; and ‘‘(d) PROFESSIONAL DEVELOPMENT AND ticular the effect of such action on the abil- (II) improving care coordination and TRAINING.— ity of health centers to secure specialty and health outcomes; ‘‘(1) IN GENERAL.—The Secretary shall as- diagnostic services needed by their unin- (III) increasing efficiency in the delivery of sist Corps members in establishing and sured and other patients; quality health care; and maintaining professional relationships and (iv) the volume of patient workload at (IV) conducting some combination of the development opportunities, including by— health centers and how volunteer health care following services— ‘‘(A) establishing appropriate professional professionals may help address the patient (aa) outreach activities; relationships between the Corps member in- (bb) case management and patient naviga- volume; volved and the health professions commu- tion services; (v) the most appropriate manner of extend- nity of the geographic area with respect to (cc) chronic care management; ing such coverage to volunteer health care which the member is assigned; (dd) transportation to health care facili- professionals at health centers, including ‘‘(B) establishing professional develop- ties; any potential difference from the mechanism ment, training, and mentorship linkages be- (ee) development of provider networks and currently used for health care professional tween the Corps member involved and the other innovative models to engage local phy- volunteers at free clinics; larger health professions community, includ- sicians and other providers to serve the (vi) State laws that have been shown to en- ing through distance learning, direct medically underserved within a community; courage physicians and other health care mentorship, and development and implemen- (ff) recruitment, training, and compensa- providers to provide charity care as an agent tation of training modules designed to meet tion of necessary personnel; of the State; and the educational needs of offsite Corps mem- (gg) acquisition of technology for the pur- (vii) other policies, including legislative or bers; pose of coordinating care; regulatory changes, that have the potential ‘‘(C) establishing professional networks (hh) improvements to provider commu- to increase the number of volunteer health among Corps members; or nication, including implementation of care staff at health centers and the financial ‘‘(D) engaging in other professional devel- shared information systems or shared clin- implications of such policies, including the opment, mentorship, and training activities ical systems; cost savings associated with the ability to for Corps members, at the discretion of the (ii) determination of eligibility for Fed- provide more services in health centers rath- Secretary. er than more expensive sites of care. eral, State, and local programs that provide, ‘‘(2) ASSISTANCE IN ESTABLISHING PROFES- (c) RECOGNITION OF HIGH POVERTY.— or financially support the provision of, med- SIONAL RELATIONSHIPS.—In providing such as- ical, social, housing, educational, or other (1) IN GENERAL.—Section 330(c) of the Pub- sistance under paragraph (1), the Secretary related services; lic Health Service Act (42 U.S.C. 254b(c)) is shall focus on establishing relationships with (jj) development of prevention and disease amended by adding at the end the following hospitals, with academic medical centers management tools and processes; new paragraph: and health professions schools, with area (kk) translation services; ‘‘(3) RECOGNITION OF HIGH POVERTY.— health education centers under section 751, (ll) development and implementation of ‘‘(A) IN GENERAL.—In making grants under with health education and training centers evaluation measures and processes to assess this subsection, the Secretary may recognize under section 752, and with border health patient outcomes; the unique needs of high poverty areas. education and training centers under such (mm) integration of primary care and men- ‘‘(B) HIGH POVERTY AREA DEFINED.—For section 752. Such assistance shall include as- tal health services; and purposes of subparagraph (A), the term ‘high sistance in obtaining faculty appointments (nn) carrying out other activities that may poverty area’ means a catchment area which at health professions schools. is established in a manner that is consistent be appropriate to a community and that ‘‘(3) SUPPLEMENT NOT SUPPLANT.—Such ef- would increase access by the uninsured to with the factors in subsection (k)(3)(J), and forts under this subsection shall supplement, health care, such as access initiatives for the poverty rate of which is greater than the not supplant, non-government efforts by pro- which private entities provide non-Federal national average poverty rate as determined fessional health provider societies to estab- contributions to supplement the Federal by the Bureau of the Census.’’. lish and maintain professional relationships funds provided through the grants for the (2) EFFECTIVE DATE.—The amendment and development opportunities.’’. initiatives; and made by paragraph (1) shall apply to grants (e) ELIGIBILITY OF THE DISTRICT OF COLUM- (ii) an assessment of— made on or after January 1, 2009. BIA AND TERRITORIES FOR THE STATE LOAN (I) challenges, including barriers to Fed- SEC. 3. NATIONAL HEALTH SERVICE CORPS. REPAYMENT PROGRAM.— eral programs, encountered by such entities (a) FUNDING.— (1) IN GENERAL.—Section 338I(h) of the Pub- in providing care to medically underserved (1) REAUTHORIZATION OF NATIONAL HEALTH lic Health Service Act (42 U.S.C. 254q-1(h)) is and uninsured populations; and SERVICE CORPS PROGRAM.—Section 338(a) of amended by striking ‘‘several States’’ and

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.084 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9428 CONGRESSIONAL RECORD — SENATE September 24, 2008 inserting ‘‘50 States, the District of Colum- SA 5643. Mr. WYDEN (for himself and (2) ANNUAL CERTIFICATIONS.—Subject to bia, the Commonwealth of Puerto Rico, the Mr. BARRASSO) submitted an amend- paragraph (3), not later than 1 year after the United States Virgin Islands, Guam, Amer- ment intended to be proposed by him date of enactment of this Act and each year ican Samoa, Palau, the Marshall Islands, and to the bill S. 3268, to amend the Com- thereafter, the Secretary shall submit to the Commonwealth of the Northern Mariana modity Exchange Act, to prevent ex- Congress a certification that the royalty-in- Islands’’. kind program is in full compliance with Fed- (2) AUTHORIZATION OF APPROPRIATIONS.— cessive price speculation with respect eral law (including regulations) governing Section 338I(i)(1) of such Act (42 U.S.C. 254q- to energy commodities, and for other procurement and ethics. 1(i)(1)) is amended by striking ‘‘2002’’ and all purposes; which was ordered to lie on (3) SUSPENSION.—Notwithstanding any that follows through the period and inserting the table; as follows: other provision of law, if the Secretary fails ‘‘2008, and such sums as may be necessary for At the appropriate place, insert the fol- to make a certification required under para- each of fiscal years 2009 through 2012.’’. lowing: graph (1) or (2), the authority of the Sec- SEC. 4. REAUTHORIZATION OF RURAL HEALTH SEC. lll. MINERALS MANAGEMENT SERVICE. retary to carry out each royalty-in-kind pro- CARE PROGRAMS. (a) DEFINITIONS.—In this section: gram is suspended during the period— Section 330A(j) of the Public Health Serv- (1) DEPARTMENT.—The term ‘‘Department’’ (A) beginning on the day after the deadline ice Act (42 U.S.C. 254c(j)) is amended by means the Department of the Interior. for the certification under that paragraph; striking ‘‘$40,000,000’’ and all that follows (2) DIRECTOR.—The term ‘‘Director’’ means and through the period and inserting ‘‘$45,000,000 the Director of the Service. (B) ending on the date the Secretary for each of fiscal years 2008 through 2012.’’. (3) ROYALTY-IN-KIND PROGRAM.—The term makes the certification required under that SEC. 5. REAUTHORIZATION OF PRIMARY DENTAL ‘‘royalty-in-kind program’’ means the pro- paragraph. HEALTH WORKFORCE PROGRAMS. gram established under— Section 340G(f) of the Public Health Serv- (A) section 342 of the Energy Policy Act of SA 5644. Mr. SALAZAR (for Mrs. ice Act (42 U.S.C. 256g(f)) is amended— 2005 (42 U.S.C. 15902); MCCASKILL (for herself, Mr. SALAZAR, (1) by striking ‘‘$50,000,000’’ and inserting (B) section 36 of the Mineral Leasing Act Ms. COLLINS, and Mr. LIEBERMAN)) pro- ‘‘$25,000,000’’; and (30 U.S.C. 192); posed an amendment to the bill H.R. (2) by striking ‘‘2002’’ and inserting ‘‘2008’’. (C) section 27 of the Outer Continental 928, to amend the Inspector General SEC. 6. EMERGENCY RESPONSE COORDINATION Shelf Lands Act (43 U.S.C. 1353); or OF PRIMARY CARE PROVIDERS. (D) any other similar provision of law. Act of 1978 to enhance the independ- (a) IN GENERAL.—Subtitle B of title XXVIII (4) SECRETARY.—The term ‘‘Secretary’’ ence of the Inspectors General, to cre- of the Public Health Service Act (42 U.S.C. means the Secretary of the Interior. ate a Council of the Inspectors General 300hh-10 et seq.) is amended by adding at the (5) SERVICE.—The term ‘‘Service’’ means on Integrity and Efficiency, and for end the following: the Minerals Management Service. other purposes; as follows: ‘‘SEC. 2815. EMERGENCY RESPONSE COORDINA- (b) ESTABLISHMENT.—The Secretary shall— TION OF PRIMARY CARE PRO- Strike all after the enacting clause and in- (1) establish and maintain within the De- sert the following: VIDERS. partment the Minerals Management Service; SECTION 1. SHORT TITLE. ‘‘The Secretary, acting through Adminis- and This Act may be cited as the ‘‘Inspector trator of the Health Resources and Services (2) assign to the Service such functions as General Reform Act of 2008’’. Administration, and in coordination with the Secretary considers appropriate. the Assistant Secretary for Preparedness and (c) DIRECTOR.—The Service shall be headed SEC. 2. APPOINTMENT AND QUALIFICATIONS OF Response, shall by a Director who shall be appointed by the INSPECTORS GENERAL. ‘‘(1) provide guidance and technical assist- President, by and with the advice and con- Section 8G(c) of the Inspector General Act ance to health centers funded under section sent of the Senate. of 1978 (5 U.S.C. App.) is amended by adding 330 and to State and local health depart- (d) AUDITS.— at the end ‘‘Each Inspector General shall be ments and emergency managers to integrate (1) ROYALTY AUDITS.—The Director shall appointed without regard to political affili- health centers into State and local emer- ensure that the Service implements a com- ation and solely on the basis of integrity and gency response plans and to better meet the prehensive program of financial audits of demonstrated ability in accounting, audit- primary care needs of populations served by royalty payments and adjustments, includ- ing, financial analysis, law, management health centers during public health emer- ing physical on-site audits, on the basis of analysis, public administration, or investiga- gencies; and risk and statistical samples. tions.’’. ‘‘(2) encourage employees at health centers (2) STANDARDS.—Not later than 90 days SEC. 3. REMOVAL OF INSPECTORS GENERAL. funded under section 330 to participate in after the date of enactment of this Act, the (a) ESTABLISHMENTS.—Section 3(b) of the emergency medical response programs in- Director shall promulgate regulations that— Inspector General Act of 1978 (5 U.S.C. App.) cluding the National Disaster Medical Sys- (A) require that all employees of the Serv- is amended by striking the second sentence tem authorized in section 2812, the Volunteer ice that conduct audits and compliance re- and inserting ‘‘If an Inspector General is re- Medical Reserve Corps authorized in section views meet professional auditor qualifica- moved from office or is transferred to an- 2813, and the Emergency System for Advance tions that are consistent with the latest re- other position or location within an estab- Registration of Health Professions Volun- vision of the Government Auditing Stand- lishment, the President shall communicate teers authorized in section 319I.’’. ards published by the Government Account- in writing the reasons for any such removal (b) SENSE OF THE CONGRESS.—It is the ability Office; and or transfer to both Houses of Congress, not Sense of Congress that the Secretary of (B) ensure that all audits conducted by the later than 30 days before the removal or Health and Human Services, to the extent Service are performed in accordance with transfer. Nothing in this subsection shall permitted by law, utilize the existing au- the standards. prohibit a personnel action otherwise au- thority provided under the Federal Tort (3) INSPECTOR GENERAL.—The Inspector thorized by law, other than transfer or re- Claims Act for health centers funded under General of the Department shall— moval.’’. section 330 of the Public Health Service Act (A) conduct, annually and as necessary, au- (b) DESIGNATED FEDERAL ENTITIES.—Sec- (42 U.S.C. 254b) in order to establish expe- dits of activities of the Service, including tion 8G(e) of the Inspector General Act of dited procedures under which such health leasing and royalty activities; and 1978 (5 U.S.C. App.) is amended by striking centers and their health care professionals (B) report the results of the audits of ac- ‘‘shall promptly communicate in writing the that have been deemed eligible for Federal tivities of the Service (including leasing and reasons for any such removal or transfer to Tort Claims Act coverage are able to respond royalty activities) and the certifications re- both Houses of the Congress.’’ and inserting promptly in a coordinated manner and on a quired under subsection (e) to— ‘‘shall communicate in writing the reasons temporary basis to public health emer- (i) the Committee on Energy and Natural for any such removal or transfer to both gencies outside their traditional service area Resources of the Senate; Houses of Congress, not later than 30 days and sites, and across State lines, as nec- (ii) the Committee on Natural Resources of before the removal or transfer. Nothing in essary and appropriate. the House of Representatives; and this subsection shall prohibit a personnel ac- SEC. 7. REVISION OF THE TIMEFRAME FOR THE (iii) the Secretary. tion otherwise authorized by law, other than RECOGNITION OF CERTAIN DES- (e) ROYALTIES-IN-KIND PROGRAM.— transfer or removal.’’. IGNATIONS IN CERTIFYING RURAL HEALTH CLINICS UNDER THE MEDI- (1) INITIAL CERTIFICATION.—Subject to para- SEC. 4. PAY OF INSPECTORS GENERAL. CARE PROGRAM. graph (3), not later than 60 days after the (a) INSPECTORS GENERAL AT LEVEL III OF (a) IN GENERAL.—The second sentence of date of enactment of this Act, the Secretary EXECUTIVE SCHEDULE.— section 1861(aa)(2) of the Social Security Act shall submit to Congress a certification that (1) IN GENERAL.—Section 3 of the Inspector (42 U.S.C. 1395x(aa)(2)) is amended by strik- all of the recommendations made by the Of- General Act of 1978 (5 U.S.C. App.), is amend- ing ‘‘3-year period’’ and inserting ‘‘4-year pe- fice of the Inspector General of the Depart- ed by adding at the end the following: riod’’ in the matter in clause (i) preceding ment as the result of investigations that cul- ‘‘(e) The annual rate of basic pay for an In- subclause (I). minated in a memorandum dated September spector General (as defined under section (b) EFFECTIVE DATE.—The amendment 9, 2008, and a report dated May 2008 (C-EV- 12(3)) shall be the rate payable for level III of made by subsection (a) shall take effect on MMS-001-2008), with respect to the royalty- the Executive Schedule under section 5314 of the date of the enactment of this Act. in-kind program have been implemented. title 5, United States Code, plus 3 percent.’’.

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(2) TECHNICAL AND CONFORMING AMEND- 12651e(b)) is amended by striking paragraph SEC. 6. SEPARATE COUNSEL TO SUPPORT IN- MENTS.—Section 5315 of title 5, United States (3). SPECTORS GENERAL. Code, is amended by striking the item relat- (b) INSPECTORS GENERAL OF DESIGNATED (a) COUNSELS TO INSPECTORS GENERAL OF ing to each of the following positions: FEDERAL ENTITIES.— ESTABLISHMENT.—Section 3 of the Inspector (A) Inspector General, Department of Edu- (1) IN GENERAL.—Notwithstanding any General Act of 1978 (5 U.S.C. App.) (as cation. other provision of law, the Inspector General amended by sections 4 and 5 of this Act) is (B) Inspector General, Department of En- of each designated Federal entity (as those further amended by adding at the end the ergy. terms are defined under section 8G of the In- following: (C) Inspector General, Department of spector General Act of 1978 (5 U.S.C. App.)) ‘‘(g) Each Inspector General shall, in ac- Health and Human Services. shall, for pay and all other purposes, be clas- cordance with applicable laws and regula- tions governing the civil service, obtain (D) Inspector General, Department of Agri- sified at a grade, level, or rank designation, legal advice from a counsel either reporting culture. as the case may be, at or above those of a directly to the Inspector General or another (E) Inspector General, Department of majority of the senior level executives of Inspector General.’’. Housing and Urban Development. that designated Federal entity (such as a (b) COUNSELS TO INSPECTORS GENERAL OF (F) Inspector General, Department of General Counsel, Chief Information Officer, Labor. DESIGNATED FEDERAL ENTITIES.—Section Chief Financial Officer, Chief Human Capital 8G(g) of the Inspector General Act of 1978 (5 (G) Inspector General, Department of Officer, or Chief Acquisition Officer). The Transportation. U.S.C. App.) is amended by adding at the end pay of an Inspector General of a designated the following: (H) Inspector General, Department of Vet- Federal entity (as those terms are defined erans Affairs. ‘‘(4) Each Inspector General shall— under section 8G of the Inspector General ‘‘(A) in accordance with applicable laws (I) Inspector General, Department of Act of 1978 (5 U.S.C. App.)) shall be not less and regulations governing appointments Homeland Security. than the average total compensation (includ- within the designated Federal entity, ap- (J) Inspector General, Department of De- ing bonuses) of the senior level executives of point a Counsel to the Inspector General who fense. that designated Federal entity calculated on shall report to the Inspector General; (K) Inspector General, Department of an annual basis. ‘‘(B) obtain the services of a counsel ap- State. (2) LIMITATION ON ADJUSTMENT.— pointed by and directly reporting to another (L) Inspector General, Department of Com- (A) IN GENERAL.—In the case of an Inspec- Inspector General on a reimbursable basis; or merce. tor General of a designated Federal entity ‘‘(C) obtain the services of appropriate (M) Inspector General, Department of the whose pay is adjusted under paragraph (1), staff of the Council of the Inspectors General Interior. the total increase in pay in any fiscal year on Integrity and Efficiency on a reimburs- (N) Inspector General, Department of Jus- resulting from that adjustment may not ex- able basis.’’. tice. ceed 25 percent of the average total com- (c) RULE OF CONSTRUCTION.—Nothing in the (O) Inspector General, Department of the pensation (including bonuses) of the Inspec- amendments made by this section shall be Treasury. tor General of that entity for the preceding construed to alter the duties and responsibil- (P) Inspector General, Agency for Inter- 3 fiscal years. ities of the counsel for any establishment or national Development. (B) SUNSET OF LIMITATION.—The limitation designated Federal entity, except for the (Q) Inspector General, Environmental Pro- under subparagraph (A) shall not apply to availability of counsel as provided under sec- tection Agency. any adjustment made in fiscal year 2013 or tions 3(g) and 8G(g) of the Inspector General (R) Inspector General, Export-Import each fiscal year thereafter. Act of 1978 (5 U.S.C. App.) (as amended by Bank. (c) SAVINGS PROVISION FOR NEWLY AP- this section). The Counsel to the Inspector (S) Inspector General, Federal Emergency POINTED INSPECTORS GENERAL.— General shall perform such functions as the Management Agency. Inspector General may prescribe. (T) Inspector General, General Services (1) IN GENERAL.—The provisions of section 3392 of title 5, United States Code, other than SEC. 7. ESTABLISHMENT OF COUNCIL OF THE IN- Administration. SPECTORS GENERAL ON INTEGRITY (U) Inspector General, National Aero- the terms ‘‘performance awards’’ and ‘‘awarding of ranks’’ in subsection (c)(1) of AND EFFICIENCY. nautics and Space Administration. (a) ESTABLISHMENT.—The Inspector Gen- such section, shall apply to career ap- (V) Inspector General, Nuclear Regulatory eral Act of 1978 (5 U.S.C. App.) is amended by pointees of the Senior Executive Service who Commission. redesignating sections 11 and 12 as sections are appointed to the position of Inspector (W) Inspector General, Office of Personnel 12 and 13, respectively, and by inserting after General. Management. section 10 the following: (X) Inspector General, Railroad Retire- (2) NONREDUCTION IN PAY.—Notwith- standing any other provision of law, career ‘‘SEC. 11. ESTABLISHMENT OF THE COUNCIL OF ment Board. THE INSPECTORS GENERAL ON IN- (Y) Inspector General, Small Business Ad- Federal employees serving on an appoint- TEGRITY AND EFFICIENCY. ministration. ment made pursuant to statutory authority ‘‘(a) ESTABLISHMENT AND MISSION.— (Z) Inspector General, Tennessee Valley found other than in section 3392 of title 5, ‘‘(1) ESTABLISHMENT.—There is established Authority. United States Code, shall not suffer a reduc- as an independent entity within the execu- (AA) Inspector General, Federal Deposit tion in pay, not including any bonus or per- tive branch the Council of the Inspectors Insurance Corporation. formance award, as a result of being ap- General on Integrity and Efficiency (in this (BB) Inspector General, Resolution Trust pointed to the position of Inspector General. section referred to as the ‘Council’). Corporation. (d) SAVINGS PROVISION.—Nothing in this ‘‘(2) MISSION.—The mission of the Council (CC) Inspector General, Central Intel- section shall have the effect of reducing the shall be to— ligence Agency. rate of pay of any individual serving on the ‘‘(A) address integrity, economy, and effec- (DD) Inspector General, Social Security date of enactment of this section as an In- tiveness issues that transcend individual Administration. spector General of— Government agencies; and (EE) Inspector General, United States (1) an establishment as defined under sec- ‘‘(B) increase the professionalism and ef- Postal Service. tion 12(2) of the Inspector General Act of 1978 fectiveness of personnel by developing poli- (3) APPLICABILITY TO OTHER INSPECTORS (5 U.S.C. App.) (as amended by section 7(a) of cies, standards, and approaches to aid in the GENERAL.— this Act); establishment of a well-trained and highly (A) IN GENERAL.—Notwithstanding any (2) a designated Federal entity as defined skilled workforce in the offices of the Inspec- other provision of law, the annual rate of under section 8G(2) of the Inspector General tors General. basic pay of the Inspector General of the Act of 1978 (5 U.S.C. App.); ‘‘(b) MEMBERSHIP.— Central Intelligence Agency, the Special In- (3) a legislative agency for which the posi- ‘‘(1) IN GENERAL.—The Council shall consist spector General for Iraq Reconstruction, and tion of Inspector General is established by of the following members: the Special Inspector General for Afghani- statute; or ‘‘(A) All Inspectors General whose offices stan Reconstruction shall be that of an In- (4) any other entity of the Government for are established under— spector General as defined under section 12(3) which the position of Inspector General is es- ‘‘(i) section 2; or of the Inspector General Act of 1978 (5 U.S.C. tablished by statute. ‘‘(ii) section 8G. App.) (as amended by section 7(a) of this SEC. 5. PROHIBITION OF CASH BONUS OR ‘‘(B) The Inspectors General of the Office of Act). AWARDS. the Director of National Intelligence and the (B) PROHIBITION OF CASH BONUS OR Section 3 of the Inspector General Act of Central Intelligence Agency. AWARDS.—Section 3(f) of the Inspector Gen- 1978 (5 U.S.C. App.) (as amended by section 4 ‘‘(C) The Controller of the Office of Federal eral Act of 1978 (5 U.S.C. App.) (as amended of this Act) is further amended by adding at Financial Management. by section 5 of this Act) shall apply to the the end the following: ‘‘(D) A senior level official of the Federal Inspectors General described under subpara- ‘‘(f) An Inspector General (as defined under Bureau of Investigation designated by the graph (A). section 8G(a)(6) or 12(3)) may not receive any Director of the Federal Bureau of Investiga- (4) ADDITIONAL TECHNICAL AND CONFORMING cash award or cash bonus, including any cash tion. AMENDMENT.—Section 194(b) of the National award under chapter 45 of title 5, United ‘‘(E) The Director of the Office of Govern- and Community Service Act of 1990 (42 U.S.C. States Code.’’. ment Ethics.

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.086 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9430 CONGRESSIONAL RECORD — SENATE September 24, 2008 ‘‘(F) The Special Counsel of the Office of interagency and interentity audit, investiga- shall be transferred to the revolving fund de- Special Counsel. tion, inspection, and evaluation programs scribed under clause (i)(I) or (II). ‘‘(G) The Deputy Director of the Office of and projects to deal efficiently and effec- ‘‘(iii) USE OF REVOLVING FUND.— Personnel Management. tively with those problems concerning fraud ‘‘(I) IN GENERAL.—Except as provided under ‘‘(H) The Deputy Director for Management and waste that exceed the capability or ju- subclause (II), amounts in the revolving fund of the Office of Management and Budget. risdiction of an individual agency or entity; described under clause (i)(I) or (II) may be ‘‘(I) The Inspectors General of the Library ‘‘(C) develop policies that will aid in the used to carry out the functions and duties of of Congress, Capitol Police, Government maintenance of a corps of well-trained and the Council under this subsection. Printing Office, Government Accountability highly skilled Office of Inspector General ‘‘(II) TRAINING.—Amounts transferred into Office, and the Architect of the Capitol. personnel; the revolving fund described under clause ‘‘(2) CHAIRPERSON AND EXECUTIVE CHAIR- ‘‘(D) maintain an Internet website and (i)(I) or (II) may be used for the purpose of PERSON.— other electronic systems for the benefit of maintaining any training academy as deter- ‘‘(A) EXECUTIVE CHAIRPERSON.—The Deputy all Inspectors General, as the Council deter- mined by the Council. Director for Management of the Office of mines are necessary or desirable; ‘‘(iv) AVAILABILITY OF FUNDS.—Amounts in Management and Budget shall be the Execu- ‘‘(E) maintain 1 or more academies as the the revolving fund described under clause tive Chairperson of the Council. Council considers desirable for the profes- (i)(I) or (II) shall remain available to the ‘‘(B) CHAIRPERSON.—The Council shall elect sional training of auditors, investigators, in- Council without fiscal year limitation. 1 of the Inspectors General referred to in spectors, evaluators, and other personnel of ‘‘(C) SUPERSEDING PROVISIONS.—No provi- paragraph (1)(A) or (B) to act as Chairperson the various offices of Inspector General; sion of law enacted after the date of enact- of the Council. The term of office of the ‘‘(F) submit recommendations of individ- ment of this subsection shall be construed to Chairperson shall be 2 years. uals to the appropriate appointing authority limit or supersede any authority under sub- ‘‘(3) FUNCTIONS OF CHAIRPERSON AND EXECU- for any appointment to an office of Inspector paragraph (A) or (B), unless such provision TIVE CHAIRPERSON.— General described under subsection (b)(1)(A) makes specific reference to the authority in ‘‘(A) EXECUTIVE CHAIRPERSON.—The Execu- or (B); that paragraph. tive Chairperson shall— ‘‘(G) make such reports to Congress as the ‘‘(4) EXISTING AUTHORITIES AND RESPON- ‘‘(i) preside over meetings of the Council; Chairperson determines are necessary or ap- SIBILITIES.—The establishment and operation ‘‘(ii) provide to the heads of agencies and propriate; and of the Council shall not affect— entities represented on the Council summary ‘‘(H) perform other duties within the au- ‘‘(A) the role of the Department of Justice reports of the activities of the Council; and thority and jurisdiction of the Council, as in law enforcement and litigation; ‘‘(iii) provide to the Council such informa- appropriate. ‘‘(B) the authority or responsibilities of tion relating to the agencies and entities ‘‘(2) ADHERENCE AND PARTICIPATION BY MEM- any Government agency or entity; and represented on the Council as assists the BERS.—To the extent permitted under law, ‘‘(C) the authority or responsibilities of in- Council in performing its functions. and to the extent not inconsistent with dividual members of the Council. ‘‘(B) CHAIRPERSON.—The Chairperson standards established by the Comptroller shall— General of the United States for audits of ‘‘(d) INTEGRITY COMMITTEE.— ‘‘(i) convene meetings of the Council— Federal establishments, organizations, pro- ‘‘(1) ESTABLISHMENT.—The Council shall ‘‘(I) at least 6 times each year; grams, activities, and functions, each mem- have an Integrity Committee, which shall re- ‘‘(II) monthly to the extent possible; and ber of the Council, as appropriate, shall— ceive, review, and refer for investigation al- ‘‘(III) more frequently at the discretion of ‘‘(A) adhere to professional standards de- legations of wrongdoing that are made the Chairperson; veloped by the Council; and against Inspectors General and staff mem- ‘‘(ii) carry out the functions and duties of ‘‘(B) participate in the plans, programs, bers of the various Offices of Inspector Gen- the Council under subsection (c); and projects of the Council, except that in eral described under paragraph (4)(C). ‘‘(iii) appoint a Vice Chairperson to assist the case of a member described under sub- ‘‘(2) MEMBERSHIP.—The Integrity Com- in carrying out the functions of the Council section (b)(1)(I) , the member shall partici- mittee shall consist of the following mem- and act in the absence of the Chairperson, pate only to the extent requested by the bers: from a category of Inspectors General de- member and approved by the Executive ‘‘(A) The official of the Federal Bureau of scribed in subparagraph (A)(i), (A)(ii), or (B) Chairperson and Chairperson. Investigation serving on the Council, who of paragraph (1), other than the category ‘‘(3) ADDITIONAL ADMINISTRATIVE AUTHORI- shall serve as Chairperson of the Integrity from which the Chairperson was elected; TIES.— Committee, and maintain the records of the ‘‘(iv) make such payments from funds oth- ‘‘(A) INTERAGENCY FUNDING.—Notwith- Committee. erwise available to the Council as may be standing section 1532 of title 31, United ‘‘(B) Four Inspectors General described in necessary to carry out the functions of the States Code, or any other provision of law subparagraph (A) or (B) of subsection (b)(1) Council; prohibiting the interagency funding of ac- appointed by the Chairperson of the Council, ‘‘(v) select, appoint, and employ personnel tivities described under subclause (I), (II), or representing both establishments and des- as needed to carry out the functions of the (III) of clause (i), in the performance of the ignated Federal entities (as that term is de- Council subject to the provisions of title 5, responsibilities, authorities, and duties of fined in section 8G(a)). United States Code, governing appointments the Council— ‘‘(C) The Special Counsel of the Office of in the competitive service, and the provi- ‘‘(i) the Executive Chairperson may au- Special Counsel. sions of chapter 51 and subchapter III of thorize the use of interagency funding for— ‘‘(D) The Director of the Office of Govern- chapter 53 of such title, relating to classi- ‘‘(I) Governmentwide training of employ- ment Ethics. fication and General Schedule pay rates; ees of the Offices of the Inspectors General; ‘‘(3) LEGAL ADVISOR.—The Chief of the Pub- ‘‘(vi) to the extent and in such amounts as ‘‘(II) the functions of the Integrity Com- lic Integrity Section of the Criminal Divi- may be provided in advance by appropria- mittee of the Council; and sion of the Department of Justice, or his des- tions Acts, made available from the revolv- ‘‘(III) any other authorized purpose deter- ignee, shall serve as a legal advisor to the In- ing fund established under subsection mined by the Council; and tegrity Committee. (c)(3)(B), or as otherwise provided by law, ‘‘(ii) upon the authorization of the Execu- ‘‘(4) REFERRAL OF ALLEGATIONS.— enter into contracts and other arrangements tive Chairperson, any department, agency, or ‘‘(A) REQUIREMENT.—An Inspector General with public agencies and private persons to entity of the executive branch which has a shall refer to the Integrity Committee any carry out the functions and duties of the member on the Council shall fund or partici- allegation of wrongdoing against a staff Council; pate in the funding of such activities. member of the office of that Inspector Gen- ‘‘(vii) establish, in consultation with the ‘‘(B) REVOLVING FUND.— eral, if— members of the Council, such committees as ‘‘(i) IN GENERAL.—The Council may— ‘‘(i) review of the substance of the allega- determined by the Chairperson to be nec- ‘‘(I) establish in the Treasury of the United tion cannot be assigned to an agency of the essary and appropriate for the efficient con- States a revolving fund to be called the In- executive branch with appropriate jurisdic- duct of Council functions; and spectors General Council Fund; or tion over the matter; and ‘‘(viii) prepare and transmit a report annu- ‘‘(II) enter into an arrangement with a de- ‘‘(ii) the Inspector General determines ally on behalf of the Council to the President partment or agency to use an existing re- that— on the activities of the Council. volving fund. ‘‘(I) an objective internal investigation of ‘‘(c) FUNCTIONS AND DUTIES OF COUNCIL.— ‘‘(ii) AMOUNTS IN REVOLVING FUND.— the allegation is not feasible; or ‘‘(1) IN GENERAL.—The Council shall— ‘‘(I) IN GENERAL.—Amounts transferred to ‘‘(II) an internal investigation of the alle- ‘‘(A) continually identify, review, and dis- the Council under this subsection shall be gation may appear not to be objective. cuss areas of weakness and vulnerability in deposited in the revolving fund described ‘‘(B) DEFINITION.—In this paragraph the Federal programs and operations with re- under clause (i)(I) or (II). term ‘staff member’ means any employee of spect to fraud, waste, and abuse; ‘‘(II) TRAINING.—Any remaining unex- an Office of Inspector General who— ‘‘(B) develop plans for coordinated, Govern- pended balances appropriated for or other- ‘‘(i) reports directly to an Inspector Gen- mentwide activities that address these prob- wise available to the Inspectors General eral; or lems and promote economy and efficiency in Criminal Investigator Academy and the In- ‘‘(ii) is designated by an Inspector General Federal programs and operations, including spectors General Auditor Training Institute under subparagraph (C).

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‘‘(C) DESIGNATION OF STAFF MEMBERS.— ‘‘(i) assess the report; (B) the term ‘‘Special Counsel’’ refers to Each Inspector General shall annually sub- ‘‘(ii) forward the report, with the rec- the Special Counsel appointed under section mit to the Chairperson of the Integrity Com- ommendations of the Integrity Committee, 1211(b) of title 5, United States Code. mittee a designation of positions whose hold- including those on disciplinary action, with- (2) AUTHORITY OF INTEGRITY COMMITTEE.— ers are staff members for purposes of sub- in 30 days (to the maximum extent prac- (A) IN GENERAL.—An allegation of wrong- paragraph (B). ticable) after the completion of the inves- doing against the Special Counsel or the ‘‘(5) REVIEW OF ALLEGATIONS.—The Integ- tigation, to the Executive Chairperson of the Deputy Special Counsel may be received, re- rity Committee shall— Council and to the President (in the case of viewed, and referred for investigation by the ‘‘(A) review all allegations of wrongdoing a report relating to an Inspector General of Integrity Committee to the same extent and the Integrity Committee receives against an an establishment or any employee of that In- in the same manner as in the case of an alle- Inspector General, or against a staff member spector General) or the head of a designated gation against an Inspector General (or a of an Office of Inspector General described Federal entity (in the case of a report relat- member of the staff of an Office of Inspector under paragraph (4)(C); ing to an Inspector General of such an entity General), subject to the requirement that ‘‘(B) refer any allegation of wrongdoing to or any employee of that Inspector General) the Special Counsel recuse himself or herself the agency of the executive branch with ap- for resolution; and from the consideration of any allegation propriate jurisdiction over the matter; and ‘‘(iii) submit to the Committee on Govern- brought under this paragraph. ‘‘(C) refer to the Chairperson of the Integ- ment Oversight and Reform of the House of (B) COORDINATION WITH EXISTING PROVISIONS rity Committee any allegation of wrong- Representatives, the Committee on Home- OF LAW.—This subsection does not eliminate doing determined by the Integrity Com- land Security and Governmental Affairs of access to the Merit Systems Protection mittee under subparagraph (A) to be poten- the Senate, and other congressional commit- Board for review under section 7701 of title 5, tially meritorious that cannot be referred to tees of jurisdiction an executive summary of United States Code. To the extent that an al- an agency under subparagraph (B). such report and recommendations within 30 legation brought under this subsection in- ‘‘(6) AUTHORITY TO INVESTIGATE ALLEGA- volves section 2302(b)(8) of that title, a fail- days after the submission of such report to TIONS.— ure to obtain corrective action within 120 the Executive Chairperson under clause (ii). ‘‘(A) REQUIREMENT.—The Chairperson of days after the date on which that allegation ‘‘(B) DISPOSITION.—The Executive Chair- the Integrity Committee shall cause a thor- is received by the Integrity Committee shall, person of the Council shall report to the In- ough and timely investigation of each alle- for purposes of section 1221 of such title, be tegrity Committee the final disposition of gation referred under paragraph (5)(C) to be considered to satisfy section 1214(a)(3)(B) of the matter, including what action was taken conducted in accordance with this para- that title. by the President or agency head. graph. (3) REGULATIONS.—The Integrity Com- ‘‘(9) ANNUAL REPORT.—The Council shall ‘‘(B) RESOURCES.—At the request of the mittee may prescribe any rules or regula- submit to Congress and the President by De- Chairperson of the Integrity Committee, the tions necessary to carry out this subsection, cember 31 of each year a report on the activi- head of each agency or entity represented on subject to such consultation or other re- the Council— ties of the Integrity Committee during the quirements as might otherwise apply. ‘‘(i) may provide resources necessary to the preceding fiscal year, which shall include the (c) EFFECTIVE DATE AND EXISTING EXECU- Integrity Committee; and following: TIVE ORDERS.— ‘‘(ii) may detail employees from that agen- ‘‘(A) The number of allegations received. (1) COUNCIL.—Not later than 180 days after cy or entity to the Integrity Committee, ‘‘(B) The number of allegations referred to the date of the enactment of this Act, the subject to the control and direction of the other agencies, including the number of alle- Council of the Inspectors General on Integ- Chairperson, to conduct an investigation gations referred for criminal investigation. rity and Efficiency established under this under this subsection. ‘‘(C) The number of allegations referred to section shall become effective and oper- ‘‘(7) PROCEDURES FOR INVESTIGATIONS.— the Chairperson of the Integrity Committee ational. ‘‘(A) STANDARDS APPLICABLE.—Investiga- for investigation. (2) EXECUTIVE ORDERS.—Executive Order tions initiated under this subsection shall be ‘‘(D) The number of allegations closed No. 12805, dated May 11, 1992, and Executive conducted in accordance with the most cur- without referral. Order No. 12933, dated March 21, 1996 (as in rent Quality Standards for Investigations ‘‘(E) The date each allegation was received effect before the date of the enactment of issued by the Council or by its predecessors and the date each allegation was finally dis- this Act) shall have no force or effect on and (the President’s Council on Integrity and Ef- posed of. after the earlier of— ficiency and the Executive Council on Integ- ‘‘(F) In the case of allegations referred to (A) the date on which the Council of the rity and Efficiency). the Chairperson of the Integrity Committee, Inspectors General on Integrity and Effi- ‘‘(B) ADDITIONAL POLICIES AND PROCE- a summary of the status of the investigation ciency becomes effective and operational as DURES.— of the allegations and, in the case of inves- determined by the Executive Chairperson of ‘‘(i) ESTABLISHMENT.—The Integrity Com- tigations completed during the preceding fis- the Council; or mittee, in conjunction with the Chairperson cal year, a summary of the findings of the in- (B) the last day of the 180-day period begin- of the Council, shall establish additional vestigations. ning on the date of enactment of this Act. policies and procedures necessary to ensure ‘‘(G) Other matters that the Council con- (d) TECHNICAL AND CONFORMING AMEND- fairness and consistency in— siders appropriate. MENTS.— ‘‘(I) determining whether to initiate an in- ‘‘(10) REQUESTS FOR MORE INFORMATION.— (1) INSPECTOR GENERAL ACT OF 1978.—The In- vestigation; With respect to paragraphs (8) and (9), the spector General Act of 1978 (5 U.S.C. App.) is ‘‘(II) conducting investigations; Council shall provide more detailed informa- amended— ‘‘(III) reporting the results of an investiga- tion about specific allegations upon request (A) in sections 2(1), 4(b)(2), and 8G(a)(1)(A) tion; and from any of the following: by striking ‘‘section 11(2)’’ each place it ap- ‘‘(IV) providing the person who is the sub- ‘‘(A) The chairperson or ranking member pears and inserting ‘‘section 12(2)’’; and ject of an investigation with an opportunity of the Committee on Homeland Security and (B) in section 8G(a), in the matter pre- to respond to any Integrity Committee re- Governmental Affairs of the Senate. ceding paragraph (1), by striking ‘‘section port. ‘‘(B) The chairperson or ranking member of 11’’ and inserting ‘‘section 12’’. ‘‘(ii) SUBMISSION TO CONGRESS.—The Coun- the Committee on Oversight and Govern- (2) SEPARATE APPROPRIATIONS ACCOUNT.— cil shall submit a copy of the policies and ment Reform of the House of Representa- Section 1105(a) of title 31, United States procedures established under clause (i) to the tives. Code, is amended by striking the first para- congressional committees of jurisdiction. ‘‘(C) The chairperson or ranking member of graph (33) and inserting the following: ‘‘(C) REPORTS.— the congressional committees of jurisdic- ‘‘(33) a separate appropriation account for ‘‘(i) POTENTIALLY MERITORIOUS ALLEGA- tion. appropriations for the Council of the Inspec- TIONS.—For allegations described under para- ‘‘(11) NO RIGHT OR BENEFIT.—This sub- tors General on Integrity and Efficiency, graph (5)(C), the Chairperson of the Integrity section is not intended to create any right or and, included in that account, a separate Committee shall make a report containing benefit, substantive or procedural, enforce- statement of the aggregate amount of appro- the results of the investigation of the Chair- able at law by a person against the United priations requested for each academy main- person and shall provide such report to mem- States, its agencies, its officers, or any per- tained by the Council of the Inspectors Gen- bers of the Integrity Committee. son.’’. eral on Integrity and Efficiency.’’. LLEGATIONS OF WRONGDOING ‘‘(ii) A .—For al- SEC. 8. SUBMISSION OF BUDGET REQUESTS TO (b) ALLEGATIONS OF WRONGDOING AGAINST legations referred to an agency under para- CONGRESS. graph (5)(B), the head of that agency shall SPECIAL COUNSEL OR DEPUTY SPECIAL COUN- Section 6 of the Inspector General Act of make a report containing the results of the SEL.— 1978 (5 U.S.C. App.) is amended by adding at investigation and shall provide such report (1) DEFINITIONS.—In this section— the end the following: to members of the Integrity Committee. (A) the term ‘‘Integrity Committee’’ means ‘‘(f)(1) For each fiscal year, an Inspector ‘‘(8) ASSESSMENT AND FINAL DISPOSITION.— the Integrity Committee established under General shall transmit a budget estimate ‘‘(A) IN GENERAL.—With respect to any re- section 11(d) of the Inspector General Act of and request to the head of the establishment port received under paragraph (7)(C), the In- 1978 (5 U.S.C. App), as amended by this Act; or designated Federal entity to which the In- tegrity Committee shall— and spector General reports. The budget request

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.086 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9432 CONGRESSIONAL RECORD — SENATE September 24, 2008 shall specify the aggregate amount of funds (B) by striking ‘‘audit’’ the second place it ‘‘(B) This paragraph applies with respect to requested for such fiscal year for the oper- appears; and the following provisions of title 5, United ations of that Inspector General and shall (2) in subsection (a)(10) by inserting ‘‘, in- States Code: specify the amount requested for all training spection reports, and evaluation reports’’ ‘‘(i) Subchapter II of chapter 35. needs, including a certification from the In- after ‘‘audit reports’’. ‘‘(ii) Sections 8335(b), 8336, 8344, 8414, 8468, spector General that the amount requested SEC. 13. INFORMATION ON WEBSITES OF OF- and 8425(b). satisfies all training requirements for the In- FICES OF INSPECTORS GENERAL. ‘‘(iii) All provisions relating to the Senior spector General’s office for that fiscal year, (a) IN GENERAL.—The Inspector General Executive Service (as determined by the Of- and any resources necessary to support the Act of 1978 (5 U.S.C. App.) is amended by in- fice of Personnel Management), subject to Council of the Inspectors General on Integ- serting after section 8K the following: paragraph (2). rity and Efficiency. Resources necessary to ‘‘SEC. 8L. INFORMATION ON WEBSITES OF OF- ‘‘(2) For purposes of applying section support the Council of the Inspectors Gen- FICES OF INSPECTORS GENERAL. 4507(b) of title 5, United States Code, para- eral on Integrity and Efficiency shall be spe- ‘‘(a) DIRECT LINKS TO INSPECTORS GENERAL graph (1)(A)(ii) shall be applied by sub- cifically identified and justified in the budg- OFFICES.— stituting ‘the Council of the Inspectors Gen- et request. ‘‘(1) IN GENERAL.—Each agency shall estab- eral on Integrity and Efficiency (established ‘‘(2) In transmitting a proposed budget to lish and maintain on the homepage of the by section 11 of the Inspector General Act) the President for approval, the head of each website of that agency, a direct link to the shall’ for ‘the Inspector General who is the establishment or designated Federal entity website of the Office of the Inspector General head of an office referred to in clause (i) shall include— of that agency. shall, with respect to such office,’.’’. ‘‘(A) an aggregate request for the Inspector ‘‘(2) ACCESSIBILITY.—The direct link under (b) AUTHORITY OF TREASURY INSPECTOR General; paragraph (1) shall be obvious and facilitate GENERAL FOR TAX ADMINISTRATION TO PRO- ‘‘(B) amounts for Inspector General train- accessibility to the website of the Office of TECT INTERNAL REVENUE SERVICE EMPLOY- ing; the Inspector General. EES.—Section 8D(k)(1)(C) of the Inspector ‘‘(C) amounts for support of the Council of ‘‘(b) REQUIREMENTS FOR INSPECTORS GEN- General Act of 1978 (5 U.S.C. App.) is amend- the Inspectors General on Integrity and Effi- ERAL WEBSITES.— ed by striking ‘‘physical security’’ and in- ciency; and ‘‘(1) POSTING OF REPORTS AND AUDITS.—The serting ‘‘protection to the Commissioner of ‘‘(D) any comments of the affected Inspec- Inspector General of each agency shall— Internal Revenue’’. tor General with respect to the proposal. ‘‘(A) not later than 3 days after any report f ‘‘(3) The President shall include in each or audit (or portion of any report or audit) is budget of the United States Government sub- made publicly available, post that report or AUTHORITY FOR COMMITTEES TO mitted to Congress— audit (or portion of that report or audit) on MEET ‘‘(A) a separate statement of the budget es- the website of the Office of Inspector Gen- timate prepared in accordance with para- COMMITTEE ON AGRICULTURE, NUTRITION, AND eral; and graph (1); FORESTRY ‘‘(B) ensure that any posted report or audit ‘‘(B) the amount requested by the Presi- Mr. REID. Mr. President, I ask unan- (or portion of that report or audit) described dent for each Inspector General; under subparagraph (A)— imous consent that the Committee on ‘‘(C) the amount requested by the Presi- ‘‘(i) is easily accessible from a direct link Agriculture, Nutrition, and Forestry be dent for training of Inspectors General; on the homepage of the website of the Office authorized to meet during the session ‘‘(D) the amount requested by the Presi- of the Inspector General; of the Senate on Wednesday, Sep- dent for support for the Council of the In- ‘‘(ii) includes a summary of the findings of spectors General on Integrity and Efficiency; tember 24, 2008, at 9:30 a.m. in room and the Inspector General; and 328A of the Russell Senate Office Build- ‘‘(E) any comments of the affected Inspec- ‘‘(iii) is in a format that— ing. tor General with respect to the proposal if ‘‘(I) is searchable and downloadable; and The PRESIDING OFFICER. Without the Inspector General concludes that the ‘‘(II) facilitates printing by individuals of objection, it is so ordered. the public accessing the website. budget submitted by the President would COMMITTEE ON AGRICULTURE, NUTRITION, AND ‘‘(2) REPORTING OF FRAUD, WASTE, AND substantially inhibit the Inspector General FORESTRY AND THE AD HOC SUBCOMMITTEE ABUSE.— from performing the duties of the office.’’. ON DISASTER RECOVERY ‘‘(A) IN GENERAL.—The Inspector General SEC. 9. SUBPOENA POWER. of each agency shall establish and maintain Mr. REID. Mr. President, I ask unan- Section 6(a)(4) of the Inspector General Act imous consent that the Senate Com- of 1978 (5 U.S.C. App.) is amended— a direct link on the homepage of the website (1) by inserting ‘‘in any medium (including of the Office of the Inspector General for in- mittee on Agriculture, Nutrition, and electronically stored information, as well as dividuals to report fraud, waste, and abuse. Forestry and the Senate Committee on any tangible thing)’’ after ‘‘other data’’; and Individuals reporting fraud, waste, or abuse Homeland Security and Governmental (2) by striking ‘‘subpena’’ and inserting using the direct link established under this Affairs, Ad Hoc Subcommittee on Dis- ‘‘subpoena’’. paragraph shall not be required to provide aster Recovery be authorized to meet personally identifying information relating SEC. 10. PROGRAM FRAUD CIVIL REMEDIES ACT. during the session of the Senate on Section 3801(a)(1) of title 31, United States to that individual. ‘‘(B) ANONYMITY.—The Inspector General of Wednesday, September 24, 2008, at 10 Code, is amended— a.m. in room 328A of the Russell Senate (1) in subparagraph (D), by striking ‘‘and’’ each agency shall not disclose the identity of after the semicolon; any individual making a report under this Office Building. (2) in subparagraph (E), by striking the pe- paragraph without the consent of the indi- The PRESIDING OFFICER. Without riod and inserting ‘‘; and’’; and vidual unless the Inspector General deter- objection, it is so ordered. (3) by adding at the end the following: mines that such a disclosure is unavoidable AD HOC SUBCOMMITTEE ON STATE, LOCAL, AND ‘‘(F) a designated Federal entity (as such during the course of the investigation.’’. PRIVATE SECTOR PREPAREDNESS AND INTE- term is defined under section 8G(a)(2) of the (b) REPEAL.—Section 746(b) of the Finan- GRATION Inspector General Act of 1978);’’. cial Services and General Government Ap- Mr. REID. Mr. President, I ask unan- propriations Act, 2008 (5 U.S.C. App. note; 121 SEC. 11. LAW ENFORCEMENT AUTHORITY FOR Stat. 2034) is repealed. imous consent that the Ad Hoc Sub- DESIGNATED FEDERAL ENTITIES. committee on State, Local, and Pri- Section 6(e) of the Inspector General Act of (c) IMPLEMENTATION.—Not later than 180 1978 (5 U.S.C. App.) is amended— days after the date of enactment of this Act, vate Sector Preparedness and Integra- (1) in paragraph (1) by striking ‘‘appointed the head of each agency and the Inspector tion of the Committee on Homeland under section 3’’; and General of each agency shall implement the Security and Governmental Affairs be (2) by adding at the end the following: amendment made by this section. authorized to meet during the session ‘‘(9) In this subsection, the term ‘Inspector SEC. 14. OTHER ADMINISTRATIVE AUTHORITIES. of the Senate on Wednesday, Sep- (a) IN GENERAL.—Section 6(d) of the Inspec- General’ means an Inspector General ap- tember 24, 2008, at 2:30 p.m. to conduct pointed under section 3 or an Inspector Gen- tor General Act of 1978 (5 U.S.C. App.) is eral appointed under section 8G.’’. amended to read as follows: a hearing entitled ‘‘Mission Possible: SEC. 12. APPLICATION OF SEMIANNUAL REPORT- ‘‘(d)(1)(A) For purposes of applying the pro- FEMA’s Future Preparedness Plan- ING REQUIREMENTS WITH RESPECT visions of law identified in subparagraph ning.’’ TO INSPECTION REPORTS AND (B)— The PRESIDING OFFICER. Without EVALUATION REPORTS. ‘‘(i) each Office of Inspector General shall objection, it is so ordered. Section 5 of the Inspector General Act of be considered to be a separate agency; and COMMITTEE ON COMMERCE, SCIENCE, AND 1978 (5 U.S.C. App.) is amended— ‘‘(ii) the Inspector General who is the head TRANSPORTATION (1) in each of subsections (a)(6), (a)(8), of an office referred to in clause (i) shall, (a)(9), (b)(2), and (b)(3)— with respect to such office, have the func- Mr. REID. Mr. President, I ask unan- (A) by inserting ‘‘, inspection reports, and tions, powers, and duties of an agency head imous consent that the Committee on evaluation reports’’ after ‘‘audit reports’’ the or appointing authority under such provi- Commerce, Science, and Transpor- first place it appears; and sions. tation be authorized to meet during

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.086 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9433 the session of the Senate on Wednes- mittee on Aging be authorized to meet SEC. 2. OFFICE OF THE FBI LIAISON. day, September 24, 2008, at 10 a.m. in during the session of the Senate on (a) ESTABLISHMENT.—Section 451 of the Home- room 253 of the Russell Senate Office Wednesday, September 24, 2008, from land Security Act of 2002 (6 U.S.C. 271) is amended by adding at the end the following: Building. 10:30 a.m.–12:30 p.m. in Dirksen 562 for ‘‘(g) OFFICE OF THE FBI LIAISON.— The PRESIDING OFFICER. Without the purpose of conducting a hearing. ‘‘(1) IN GENERAL.—There shall be an Office of objection, it is so ordered. The PRESIDING OFFICER. Without the FBI Liaison in the Department of Homeland COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. Security. TRANSPORTATION SUBCOMMITTEE ON HUMAN RIGHTS AND THE LAW ‘‘(2) FUNCTIONS.—The Office of the FBI Liai- Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- son shall monitor the progress of the functions imous consent that the Senate Com- of the Federal Bureau of Investigation in the imous consent that the Committee on naturalization process to assist in the expedi- Commerce, Science, and Transpor- mittee on the Judiciary, Sub- tious completion of all such functions pertaining tation be authorized to meet during committee on Human Rights and the to naturalization applications filed by, or on be- the session of the Senate on Wednes- Law, be authorized to meet during the half of— day, September 24, 2008, at 2:30 p.m., in session of the Senate, to conduct a ‘‘(A) current or former members of the Armed room 253 of the Russell Senate Office hearing entitled ‘‘Extracting Natural Forces under section 328 or 329 of the Immigra- Building. Resources: Corporate Responsibility tion and Nationality Act (8 U.S.C. 1439 and The PRESIDING OFFICER. Without and the Rule of Law’’ on Wednesday, 1440); September 24, 2008, at 10:45 a.m., in ‘‘(B) current spouses of United States citizens objection, it is so ordered. who are currently serving on active duty in the COMMITTEE ON ENVIRONMENT AND PUBLIC room SH–216 of the Hart Senate Office Armed Forces, who qualify for naturalization WORKS Building. under section 319(b) of the Immigration and Na- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without tionality Act (8 U.S.C. 1430(b)), and surviving imous consent that the Committee on objection, it is so ordered. spouses and children who qualify for natu- Environment and Public Works be au- SUBCOMMITTEE ON TERRORISM, TECHNOLOGY, ralization under section 319(d) of such Act; or ‘‘(C) a deceased individual who is eligible for thorized to meet during the session of AND HOMELAND SECURITY Mr. REID. Mr. President, I ask unan- posthumous citizenship under section 329A of the Senate on Wednesday, September the Immigration and Nationality Act (8 U.S.C. 24, 2008 at 2:30 p.m. in room 406 of the imous consent that the Senate Com- mittee on the Judiciary, Sub- 1440–1). Dirksen Senate Office Building to con- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— committee on Terrorism, Technology, duct a hearing entitled ‘‘Bush Adminis- There are authorized to be appropriated such and Homeland Security, be authorized tration Environmental Record at De- sums as may be necessary to carry out this sub- to meet during the session of the Sen- partment of the Interior and Environ- section.’’. ate, to conduct a hearing entitled ‘‘The (b) RULEMAKING.—Not later than 180 days mental Protection Agency.’’ Visa Waiver Program: Mitigating the after the date of the enactment of this Act, the The PRESIDING OFFICER. Without program risks to ensure the safety of Secretary of Homeland Security, in consultation objection, it is so ordered. all Americans’’ on Wednesday, Sep- with the Attorney General, shall promulgate COMMITTEE ON HOMELAND SECURITY AND tember 24, 2008, at 2:30 p.m., in room rules to carry out the amendment made by sub- GOVERNMENTAL AFFAIRS section (a). SH–216 of the Hart Senate Office Build- SEC. 3. DEADLINE FOR PROCESSING AND ADJUDI- Mr. REID. Mr. President, I ask unan- ing. imous consent that the Committee on CATING NATURALIZATION APPLICA- The PRESIDING OFFICER. Without TIONS FILED BY CURRENT OR Homeland Security and Governmental objection, it is so ordered. FORMER MEMBERS OF THE ARMED Affairs be authorized to meet during FORCES AND THEIR SPOUSES AND the session of the Senate on Wednes- f CHILDREN. day, September 24, 2008, at 10 a.m. to PRIVILEGES OF THE FLOOR (a) IN GENERAL.—Section 328 of the Immigra- conduct a hearing entitled ‘‘Domestic tion and Nationality Act (8 U.S.C. 1439) is Mr. SALAZAR. Mr. President, I ask amended by adding at the end the following: Partner Benefits for Federal Employ- unanimous consent that Elaine Ulrich, ‘‘(g) Not later than 6 months after receiving ees: Fair Policy and Good Business.’’ a legislative fellow in my office, be an application for naturalization filed by a cur- The PRESIDING OFFICER. Without granted floor privileges for the re- rent member of the Armed Forces under sub- objection, it is so ordered. minder of the session. section (a), section 329(a), or section 329A, by COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without the spouse of such member under section 319(b), Mr. REID. Mr. President, I ask unan- objection, it is so ordered. or by a surviving spouse or child under section 319(d), United States Citizenship and Immigra- imous consent that the Committee on f tion Services shall— Foreign Relations be authorized to MILITARY PERSONNEL ‘‘(1) process and adjudicate the application, meet during the session of the Senate CITIZENSHIP PROCESSING ACT including completing all required background on Wednesday, September 24, 2008, at checks to the satisfaction of the Secretary of 9:30 a.m. Mr. SALAZAR. Madam President, I Homeland Security; or The PRESIDING OFFICER. Without ask unanimous consent that the Sen- ‘‘(2) provide the applicant with— objection, it is so ordered. ate proceed to the immediate consider- ‘‘(A) an explanation for its inability to meet ation of Calendar No. 936, S. 2840. the processing and adjudication deadline under COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. The this subsection; and Mr. REID. Mr. President, I ask unan- clerk will report the bill by title. ‘‘(B) an estimate of the date by which the ap- imous consent that the Committee on plication will be processed and adjudicated. The legislative clerk read as follows: ‘‘(h) The Director of United States Citizenship Foreign Relations be authorized to A bill (S. 2840) to establish a liaison with meet during the session of the Senate and Immigration Services shall submit an an- the Federal Bureau of Investigation in the nual report to the Subcommittee on Immigra- on Wednesday, September 24, 2008, at United States Citizenship and Immigration tion, Border Security, and Refugees and the 2:30 p.m. Services to expedite naturalization applica- Subcommittee on Homeland Security of the Sen- The PRESIDING OFFICER. Without tions filed by members of the Armed Forces ate and the Subcommittee on Immigration, Citi- objection, it is so ordered. and to establish a deadline for processing zenship, Refugees, Border Security, and Inter- such applications. COMMITTEE ON VETERANS’ AFFAIRS national Law and the Subcommittee on Home- Mr. REID. Mr. President, I ask unan- There being no objection, the Senate land Security of the House of Representatives imous consent that the Committee on proceeded to consider the bill, which that identifies every application filed under sub- had been reported from the Committee section (a), subsection (b) or (d) of section 319, Veterans’ Affairs be authorized to meet section 329(a), or section 329A that is not proc- during the session of the Senate on on the Judiciary with an amendment to strike all after the enacting clause essed and adjudicated within 1 year after it was Wednesday, September 24, 2008. The filed due to delays in conducting required back- Committee will meet in room 418 of the and insert in lieu thereof the following: ground checks.’’. Russell Building beginning at 9:30 a.m. S. 2840 (b) GAO REPORT.—Not later than 180 days The PRESIDING OFFICER. Without Be it enacted by the Senate and House of Rep- after the date of the enactment of this Act, the objection, it is so ordered. resentatives of the United States of America in Comptroller General shall submit a report to Congress assembled, Congress that contains the results of a study re- SPECIAL COMMITTEE ON AGING SECTION 1. SHORT TITLE. garding the average length of time taken by Mr. REID. Mr. President, I ask unan- This Act may be cited as the ‘‘Military Per- United States Citizenship and Immigration Serv- imous consent that the Special Com- sonnel Citizenship Processing Act’’. ices to process and adjudicate applications for

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4624 Sfmt 6333 E:\CR\FM\A24SE6.087 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9434 CONGRESSIONAL RECORD — SENATE September 24, 2008 naturalization filed by members of the Armed S. 3550 There being no objection, the Senate Forces, deceased members of the Armed Forces, Be it enacted by the Senate and House of Rep- proceeded to consider the resolution. and their spouses and children. resentatives of the United States of America in Mr. REID. Madam President, the Per- SEC. 4. SUNSET PROVISION. Congress assembled, manent Subcommittee on Investiga- This Act and the amendments made by this SECTION 1. JOHN W. WARNER RAPIDS, FRED- tions of the Committee on Homeland Act are repealed on the date that is 5 years after ERICKSBURG, VIRGINIA. Security and Governmental Affairs has the date of the enactment of this Act. (a) DESIGNATION.—The portion of the Rap- received requests from various law en- Mr. SALAZAR. I ask unanimous con- pahannock River comprised of the manmade rapids located at the site of the former forcement and regulatory agencies, sent that the committee substitute be seeking access to records that the Sub- agreed to, the bill, as amended, be read Embrey Dam in Fredericksburg, Virginia, and centered at the coordinates of N. 38.3225 committee obtained during its recent a third time and passed, the motions to latitude, W. 077.4900 longitude, shall be investigation into how financial insti- reconsider be laid upon the table, with known and designated as the ‘‘John W. War- tutions have designed, marketed, and no intervening action or debate, and ner Rapids’’. implemented transactions intended to any statements be printed in the (b) REFERENCES.—Any reference in a law, enable foreign taxpayers to avoid taxes map, regulation, document, paper, or other RECORD. on U.S. stock dividends. The PRESIDING OFFICER. Without record of the United States to the portion of the Rappahannock River referred to in sub- This resolution would authorize the objection, it is so ordered. chairman and ranking minority mem- The committee amendment in the section (a) shall be deemed to be a reference to the John W. Warner Rapids. ber of the Permanent Subcommittee on nature of a substitute was agreed to. f Investigations, acting jointly, to pro- The bill (S. 2840), as amended, was or- vide records, obtained by the Sub- dered to be engrossed for a third read- IMPROVING GOVERNMENT committee in the course of its inves- ing, was read the third time, and ACCOUNTABILITY ACT tigation, in response to these requests passed. Mr. SALAZAR. Madam President, I and any similar requests from govern- f ask unanimous consent the Homeland ment entities and officials with a le- OREGON SURPLUS FEDERAL LAND Security and Governmental Affairs gitimate need for the records. ACT OF 2008 Committee be discharged from further Mr. SALAZAR. I ask unanimous con- consideration of H.R. 928, and the Sen- sent that the resolution be agreed to Mr. SALAZAR. Madam President, I ate proceed to its immediate consider- and the motion to reconsider be laid ask unanimous consent that the Sen- ation. upon the table; that any statements be ate proceed to the immediate consider- The PRESIDING OFFICER. Without printed in the RECORD as if read. ation of H.R. 6370, which was received objection, it is so ordered. The PRESIDING OFFICER. Without from the House. The clerk will report the bill by title. objection, it is so ordered. The PRESIDING OFFICER. The The legislative clerk read as follows: The resolution (S. Res. 680) was clerk will report the bill by title. agreed to. The legislative clerk read as follows: A bill (H.R. 928) to amend the Inspector General Act of 1978 to enhance the independ- The preamble was agreed to. A bill (H.R. 6370) to transfer excess Federal ence of the Inspectors General, to create a The resolution, with its preamble, property administered by the Coast Guard to Council of the Inspectors General on Integ- read as follows: the Confederated Tribes of the Coos, Lower rity and Efficiency, and for other purposes. S. RES. 680 Umpqua, and Siuslaw Indians. There being no objection, the Senate Whereas, the Permanent Subcommittee on There being no objection, the Senate proceeded to consider the bill. Investigations of the Committee on Home- proceeded to consider the bill. Mr. SALAZAR. Madam President, I land Security and Governmental Affairs con- Mr. SALAZAR. I ask unanimous con- ask unanimous consent that a ducted an investigation into how financial sent that the bill be read a third time McCaskill substitute amendment institutions have designed, marketed, and and passed, the motion to reconsider be implemented transactions intended to enable which is at the desk be agreed to, the foreign taxpayers to avoid taxes, on U.S. laid upon the table, and any state- bill, as amended, be read a third time ments relating to the bill be printed in stock dividends; and passed, the motions to reconsider Whereas, the Subcommittee has received the RECORD. be laid upon the table, with no inter- requests from law enforcement and regu- The PRESIDING OFFICER. Without vening action or debate, and that any latory agencies for access to records of the objection, it is so ordered. statements relating thereto be printed Subcommittee’s investigation; The bill (H.R. 6370) was ordered to be Whereas, by the privileges of the Senate of in the RECORD. the United States and Rule XI of the Stand- read a third time, was read the third The PRESIDING OFFICER. Without time, and passed. ing Rules of the Senate, no evidence under objection, it is so ordered. the control or in the possession of the Senate f The amendment (No. 5644) was agreed can, by administrative or judicial process, be DESIGNATING THE JOHN W. to. taken from such control or possession but by WARNER RAPIDS (The amendment is printed in today’s permission of the Senate; RECORD under ‘‘Text of Amendments.’’) Whereas, when it appears that evidence Mr. SALAZAR. Madam President, I The amendment was ordered to be under the control or in the possession of the ask unanimous consent that the Sen- engrossed and the bill to be read a Senate is needed for the promotion of jus- ate now proceed to the immediate con- tice, the Senate will take such action as will third time. promote the ends of justice consistent with sideration of Calendar No. 1053, S. 3550. The bill (H.R. 928), as amended, was The PRESIDING OFFICER. The the privileges of the Senate: Now, therefore, read the third time and passed. clerk will report the bill by title. be it The legislative clerk read as follows: f Resolved, That the Chairman and Ranking Minority Member of the Permanent Sub- A bill (S. 3550) to designate a portion of the AUTHORIZING DOCUMENT committee on Investigations of the Com- Rappahannock River in the Commonwealth PRODUCTION mittee on Homeland Security and Govern- of Virginia as the ‘‘John W. Warner Rapids.’’ Mr. SALAZAR. Madam President, I mental Affairs, acting jointly, are authorized There being no objection, the Senate ask unanimous consent that the Sen- to provide to law enforcement officials, regu- proceeded to consider the bill. ate proceed to the immediate consider- latory agencies, and other entities or indi- Mr. SALAZAR. I ask unanimous con- viduals duly authorized by federal, state, or ation of S. Res. 680, which was sub- foreign governments, records of the Sub- sent that the bill be read a third time mitted earlier today. and passed, the motion to reconsider be committee’s investigation into how financial The PRESIDING OFFICER. The institutions have designed, marketed, and laid upon the table, with no inter- clerk will report the resolution by implemented transactions intended to enable vening action or debate, and any state- title. foreign taxpayers to avoid taxes on U.S. ments be printed in the RECORD. The legislative clerk read as follows: stock dividends. The PRESIDING OFFICER. Without A resolution (S. Res. 680) to authorize the f objection, it is so ordered. production of records by the Permanent Sub- HISPANIC HERITAGE MONTH The bill (S. 3550) was ordered to be committee on Investigations of the Com- engrossed for a third reading, was read mittee on Homeland Security and Govern- Mr. SALAZAR. I ask unanimous con- the third time and passed, as follows: mental Affairs. sent that the Senate now proceed to

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.031 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9435 the immediate consideration of S. Res. (2) honors the heritage and culture of His- ate proceed to the immediate consider- 682, submitted earlier today by this panic Americans and their immense con- ation of S. Res. 684, introduced earlier Senator from Colorado. tributions to the life of the Nation; and today by Senator DURBIN. The PRESIDING OFFICER. The (3) urges the people of the United States to The PRESIDING OFFICER. The clerk will report the resolution by observe Hispanic Heritage Month with appro- priate programs and activities. clerk will report the resolution by title. title. The legislative clerk read as follows: f The legislative clerk read as follows: A resolution (S. Res. 682) recognizing His- NATIONAL CHILDHOOD LEAD A resolution (S. Res. 684) calling for a com- panic Heritage Month and celebrating the POISONING PREVENTION WEEK prehensive strategy to address the crisis in heritage and culture of Hispanic Americans Darfur, Sudan. and their immense contribution to the Na- Mr. SALAZAR. Madam President, I tion. ask unanimous consent that the Sen- There being no objection, the Senate There being no objection, the Senate ate proceed to the immediate consider- proceeded to consider the resolution. proceeded to consider the resolution. ation of S. Res. 683, submitted earlier Mr. DURBIN. Madam President, as Mr. SALAZAR. I ask unanimous con- today by Senator REED of Rhode Is- we wrap up the work of the 110th Con- sent that the resolution be agreed to, land. gress and look ahead to a new adminis- the preamble be agreed to, the motions The PRESIDING OFFICER. The tration, let us take a moment to con- to reconsider be laid upon the table, clerk will report the resolution by sider a part of the world that des- with no intervening action or debate, title. perately needs our continued atten- and any statements be printed in the The legislative clerk read as follows: tion. I am talking about the tragic sit- RECORD. A resolution (S. Res. 683) designating the uation in Darfur. The PRESIDING OFFICER. Without week of October 19 through October 25, 2008, The United Nations estimates that objection, it is so ordered. as ‘‘National Childhood Lead Poisoning Pre- more than 300,000 people have died in The resolution (S. Res. 682) was vention Week.’’ Darfur since 2003. In that time, another agreed to. There being no objection, the Senate 2.5 million people have been displaced. The preamble was agreed to. proceeded to consider the resolution. Just over 4 years ago the House The resolution, with its preamble, Mr. SALAZAR. I ask unanimous con- unanimously passed a resolution call- reads as follows: sent that the resolution be agreed to; ing the situation in Darfur genocide. S. RES. 682 the preamble be agreed to; the motions The resolution urged the President to Whereas from September 15, 2008, through to reconsider be laid upon the table, consider multilateral—even unilat- October 15, 2008, the country celebrates His- with no intervening action or debate; eral—intervention to address this cri- panic Heritage Month; Whereas the Census Bureau estimates the and any statements related to the reso- sis. Hispanic population in the United States at lution be printed in the RECORD. The legislation spoke of Congress’s 45,500,000 people, making Hispanic Americans The PRESIDING OFFICER. Without hope that the United States would not the largest ethnic minority within the objection, it is so ordered. allow what happened in Rwanda to United States; The resolution (S. Res. 683) was happen again. Whereas 1 in 3 United States public school agreed to. Not on our watch. students is Hispanic, and the total number of Since then we have passed legislation Hispanic students enrolled in our Nation’s The preamble was agreed to. public schools is expected to reach 28,000,000 The resolution, with its preamble, increasing economic pressure on by 2050; reads as follows: Sudan. The U.N. Security Council has Whereas the purchasing power of Hispanic S. RES. 683 passed resolutions and implemented Americans has reached $870,000,000,000 by 2008 Whereas lead poisoning is one of the lead- arms embargos. Members of Congress and there are more than 1,600,000 Hispanic- ing environmental health hazards facing have met with Ambassadors and U.N. owned firms in the United States, supporting children in the United States; Secretary General Ban Ki-moon. 1,536,795 employees nationwide; Whereas Hispanic Americans serve in all Whereas approximately 240,000 children in And yet we have failed to bring an branches of the Armed Forces, bravely the United States under the age of 6 cur- end to this nightmare—a nightmare fought in every war in United States history, rently have harmful levels of lead in their that is now entering its sixth year. and continue to serve with distinction in Af- blood; In May, Senator SNOWE and 27 other ghanistan and Iraq; Whereas lead poisoning may cause serious, Senators joined me in a letter to Presi- Whereas 140,000 Hispanic soldiers served in long-term harm to children, including re- duced intelligence and attention span, be- dent Bush saying that it was time for the Korean War; definitive U.S. leadership to bring a Whereas more than 80,000 Hispanics served havior problems, learning disabilities, and in the Vietnam War, representing 5.5 percent impaired growth; long-term resolution to the crisis in of those who made the ultimate sacrifice for Whereas children from low-income families Sudan. This bipartisan letter from al- their country in that conflict although they are significantly more likely to be poisoned most a third of the Senate said: comprised only 4.5 percent of the United by lead than are children from high-income Fourteen years ago the world watched as States population at the time; families; genocide unfolded in Rwanda. Despite dire Whereas, as of August 2, 2008, approxi- Whereas children may be poisoned by lead warnings and pleas for help, 800,000 people mately 11 percent of the more than 4,122 in water, soil, housing, or consumable prod- were brutally killed in less than one hundred United States military fatalities in Iraq ucts; days. Today the world looks back in painful have been Hispanic; Whereas children most often are poisoned regret at its failure to take action. Yet, we Whereas there are more than 1,100,000 His- in their homes through exposure to lead par- are likely to face a similarly harsh historical panic veterans of the United States Armed ticles when lead-based paint deteriorates or judgment if we do not once and for all take Forces; is disturbed during home renovation and re- action against the genocide in Darfur. Whereas 43 Hispanic Americans have re- painting; and ceived the Congressional Medal of Honor, the Whereas lead poisoning crosses all barriers A rogue regime guilty of killing hun- highest award for valor in action against an of race, income, and geography: Now, there- dreds of thousands of its own people— enemy force which can be bestowed upon an fore, be it guilty of rape, torture, and the cre- individual serving in the United States Resolved, That the Senate— ation of millions of refugees—must not Armed Forces; (1) designates the week of October 19 be allowed to thumb its nose any fur- Whereas Hispanic Americans are dedicated through October 25, 2008, as ‘‘National Child- public servants, holding posts at the highest ther at the international community. hood Lead Poisoning Prevention Week’’; and Yet the Sudanese regime continues levels of government, including 3 seats in the (2) calls upon the people of the United United States Senate; and States to observe National Childhood Lead to stall the deployment of a historic Whereas Hispanic Americans harbor a deep Poisoning Prevention Week with appropriate peacekeeping force—a force that is still commitment to family and community, an programs and activities. only one-third deployed more than 1 enduring work ethic, and a perseverance to f year after it was approved by the U.N. succeed and contribute to society: Now, Security Council. therefore, be it STRATEGY TO ADDRESS CRISIS IN I and others repeatedly have raised Resolved, That the Senate— DARFUR, SUDAN (1) recognizes the celebration of Hispanic directly with President Bush and with Heritage Month from September 15, 2008, Mr. SALAZAR. Madam President, I Secretary Rice the need for decisive through October 15, 2008; ask unanimous consent that the Sen- Presidential leadership.

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.086 S24SEPT1 rfrederick on PROD1PC67 with SENATE S9436 CONGRESSIONAL RECORD — SENATE September 24, 2008 Senator BIDEN has held hearings in national community. A similar resolu- (D) promoting economic and political de- the Senate Foreign Relations Com- tion is being introduced in the House. velopment programs; mittee to ask why the administration Quite simply, the situation in Darfur (E) supporting full implementation of the cannot do more to help with the des- has reached a tragic juncture. This ad- Comprehensive Peace Agreement of 2005; and ministration and Congress will either (F) promoting justice and accountability; perately needed deployment of peace- (2) condemns the Government of Sudan for keepers. act soon or, sadly, this genocide will its continued obstruction of the deployment President Bush himself said during a have occurred on our watch. of United Nations-African Union peace- visit this year to Kigali Memorial Cen- A few years ago, President Clinton keepers and equipment; ter, where 250,000 Rwandans are buried faced the reality of the failure to halt (3) condemns the ongoing acts of violence in mass graves, that he hoped the the genocide in Rwanda. He called it in and obstruction of aid to Darfur com- world would ‘‘once and for all’’ work to ‘‘my great, great regret in inter- mitted by all parties; and halt the genocide in Darfur. national affairs.’’ (4) calls upon the Government of Sudan Today’s tragedy in Darfur is of his- That was a brave and honorable re- and armed parties in the region to declare and respect an immediate cessation of hos- toric proportion. It is our duty to step flection. We cannot allow ourselves to have to tilities, abide by the United Nations embargo in and show the world we really care. on the importation of arms, cease predation But it takes Presidential leadership— look back years from now to say the and attacks upon humanitarian organiza- not in 6 months, not in a year, but now. same thing happened in Darfur. The tions, and participate in international ef- The United States is not the only United States and the global commu- forts to negotiate a lasting political settle- country that needs to act. A recent nity, particularly those on the U.N. Se- ment for the region. BBC investigation showed that Chinese curity Council and Sudan’s neighbors, f have a moral responsibility to speak military equipment is still being used STATE-BASED ALCOHOL out and act to save the people of by the Government of Sudan in Darfur, REGULATION despite a U.N. arms embargo. Darfur. The arms embargo—which my col- Mr. SALAZAR. I ask unanimous con- Mr. SALAZAR. Madam President, I league, Senator BILL NELSON, has been sent that the resolution be agreed to; ask unanimous consent that the Judi- arguing should be strengthened—re- the preamble be agreed to; the motion ciary Committee be discharged from quires foreign nations to ensure that to reconsider be laid upon the table, further consideration of S. Res. 551 and they are not in any way providing mili- with no intervening action or debate; the Senate proceed to its immediate tary assistance for the conflict in and any statements relating to this consideration. Darfur. Yet, over the years, Amnesty measure be printed in the RECORD. The PRESIDING OFFICER. Without International and now the BBC have The PRESIDING OFFICER. Without objection, it is so ordered. documented Chinese and Russian mili- objection, it is so ordered. The clerk will report the resolution tary equipment in Darfur. The resolution (S. Res. 684) was by title. China and Russia are members of the agreed to. The legislative clerk read as follows: U.N. Security Council and have a re- The preamble was agreed to. A resolution (S. Res. 551) celebrating 75 sponsibility to ensure their equipment The resolution, with its preamble, years of successful State-based alcohol regu- lation. is not adding to the human suffering in reads as follows: Sudan. S. RES. 684 There being no objection, the Senate If China wants the world to see it as Whereas more than 300,000 people have died proceeded to consider the resolution. a modern and responsible global leader, and approximately 2,500,000 have been dis- Mr. SALAZAR. I ask unanimous con- it is time to show real leadership on placed in Darfur since 2003, according to esti- sent that the resolution be agreed to; mates by the United Nations; the preamble be agreed to; the motions such issues as Darfur, Burma, and Whereas Congress unanimously declared on Zimbabwe. It should no longer use its to reconsider be laid upon the table, July 22, 2004, that the atrocities in Darfur with no intervening action or debate; Security Council veto to protect brutal were genocide; dictatorships. It must be diligent in its Whereas, on September 9, 2004, Secretary and that any statements related to the weapons sales to conflict zones. of State Colin Powell and on June 1, 2005, resolution be printed in the RECORD. My friend and colleague, Senator President George W. Bush described the cri- The PRESIDING OFFICER. Without CHUCK HAGEL, said it perfectly in a re- sis in Darfur as genocide; objection, it is so ordered. cent speech. He said: Whereas the United States has led the The resolution (S. Res. 551) was world in financial contributions to humani- agreed to. Powerful nations must be the adults in tarian aid and peacekeeping operations in The preamble was agreed to. world affairs. Anything less will result in Darfur; disastrous, useless, preventable global con- The resolution, with its preamble, Whereas, on July 31, 2007, the United Na- reads as follows: flict. tions Security Council voted to deploy an I couldn’t agree more. historic United Nations-African Union S. RES. 551 I call on China to stop propping up (UNAMID) peacekeeping force to stem the Whereas, throughout the history of the the Sudanese regime with oil pur- violence in Darfur and create conditions for United States, alcohol has been consumed by chases. Ensure that Chinese weapons peace talks; the people of the United States and has been regulated by government; are not fueling the conflict. Use your Whereas only approximately 10,000 of the authorized force of 26,000 peacekeepers and Whereas, before the passage of the 18th full diplomatic leverage to ensure full police have deployed to Darfur, delayed by amendment to the Constitution of the U.N. peacekeeper deployment, and Sudanese obstruction as well as by a failure United States (commonly known as ‘‘Na- work with the global community to of the international community to commit tional Prohibition’’), abuses and insufficient help forge a long-term political settle- sufficient resources and to overcome regulation resulted in irresponsible over- ment in Sudan. logistical obstacles; and consumption of alcohol; This week Senators SNOWE, KERRY, Whereas more than four years have passed Whereas the passage of the 18th amend- ment, which prohibited ‘‘the manufacture, FEINGOLD, LUGAR, BROWNBACK, SCHU- since Congress declared the conflict in Darfur to be genocide and conditions on the sale, or transportation of intoxicating liq- MER, MENENDEZ, DODD, SPECTER, ground in Darfur continue to worsen: Now, uors’’ in the United States, resulted in a dra- LEAHY, LEVIN, OBAMA, BIDEN and oth- therefore, be it matic increase in illegal activity, including ers have joined me in introducing a Resolved, That the Senate— unsafe black market alcohol production, a final resolution of this 110th Congress (1) urges the President, the United Nations growth in organized crime, and increasing on Darfur. Secretary-General, the African Union, and noncompliance with alcohol laws; It urges the President, the United other key members of the international com- Whereas the platforms of the 2 major polit- Nations, the African Union, and other munity to pursue a comprehensive solution ical parties in the 1932 presidential campaign key members of the international com- to the Darfur crisis by— advocated ending National Prohibition by re- munity to pursue a comprehensive (A) supporting efforts to launch a just and pealing the 18th amendment; inclusive peace process; Whereas, on February 20, 1933, the second strategy to address the ongoing crisis (B) ensuring the full and effective deploy- session of the 72nd Congress submitted to in Darfur. It also condemns the Gov- ment of the UNAMID mission; conventions of the States the question of re- ernment of Sudan for its continued vio- (C) ensuring the free and unfettered flow of pealing the 18th amendment and adding new lence and obstruction of the inter- humanitarian aid; language to the Constitution requiring the

VerDate Aug 31 2005 04:48 Sep 25, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.089 S24SEPT1 rfrederick on PROD1PC67 with SENATE September 24, 2008 CONGRESSIONAL RECORD — SENATE S9437 transportation or importation of alcoholic Resolved, That the Senate— prepared for any precautionary measures beverages for delivery or use in any State to (1) celebrates 75 years of effective State- that they may need to take during incidents be carried out in compliance with the laws of based alcohol regulation since the passage of and extrications that involve alternative that State; the 21st amendment to the Constitution of fuel and advanced technology vehicles; Whereas, on December 5, 1933, Utah became the United States; Whereas the Federal Government can lead the 36th State to approve what became the (2) commends State lawmakers, regulators, the way toward a cleaner and more efficient 21st amendment to the Constitution of the law enforcement officers, the public health transportation sector by choosing alter- United States, making the ratification of the community, and industry members for suc- native fuel and advanced technology vehicles 21st amendment the fastest ratification of a cessful collaboration in achieving a work- for the fleets of the Federal Government; and constitutional amendment in the history of able, legal, and successful system for the dis- Whereas Federal support for the adoption the United States and the only ratification tribution and sale of alcoholic beverages; and of alternative fuel and advanced technology of a constitutional amendment ever decided (3) reaffirms the continued support of the vehicles can accelerate greater energy inde- by State conventions pursuant to Article V Senate for policies that allow States to ef- pendence for the United States, improve the of the Constitution; fectively regulate alcohol. environmental security of the Nation, and Whereas alcohol is the only product in f address global climate change: Now, there- commerce in the United States that has been fore, be it the subject of 2 constitutional amendments; NATIONAL ALTERNATIVE FUEL Resolved, That the Senate— Whereas Congress’s reenactment in 1935 of VEHICLE DAY (1) designates October 3, 2008, as ‘‘National the Act entitled ‘‘An Act divesting intoxi- Mr. SALAZAR. Madam President, I Alternative Fuel Vehicle Day’’; cating liquors of their interstate character (2) proclaims National Alternative Fuel in certain cases’’, approved March 1, 1913 ask unanimous consent that the Judi- Vehicle Day as a day to promote programs (commonly known as the Webb-Kenyon Act) ciary Committee be discharged from and activities that will lead to the greater (27 U.S.C. 122), and the enactment of the Fed- further consideration of S. Res. 665, use of cleaner, more efficient transportation eral Alcohol Administration Act (27 U.S.C. and the Senate proceed to its imme- that uses new sources of energy; and 201 et seq.), section 2004 of Aimee’s Law (27 diate consideration. (3) urges Americans— U.S.C. 122a) (relating to 21st amendment en- The PRESIDING OFFICER. Without (A) to increase the personal and commer- forcement), the Sober Truth on Preventing cial use of cleaner and energy-efficient alter- Underage Drinking Act (Public Law 109–422; objection, it is so ordered. The clerk will report the resolution native fuel and advanced technology vehi- 120 Stat. 2890), and annual appropriations to cles; support State enforcement of underage by title. The legislative clerk read as follows: (B) to promote public sector adoption of drinking laws demonstrate a longstanding cleaner and energy-efficient alternative fuel and continuing intent on the part of Con- A resolution (S. Res. 665) designating Octo- and advanced technology vehicles; and gress that States should exercise their pri- ber 3, 2008, as ‘‘National Alternative Fuel Ve- (C) to encourage the enactment of Federal mary authority to achieve temperance, the hicle Day.’’ policies to reduce the dependence of the creation and maintenance of orderly and sta- There being no objection, the Senate United States on foreign oil through the ad- ble markets with respect to alcoholic bev- vancement and adoption of alternative, ad- erages, and the facilitation of the efficient proceeded to consider the resolution. vanced, and emerging vehicle and fuel tech- collection of taxes; Mr. SALAZAR. Madam President, I nologies. Whereas the legislatures and alcoholic bev- ask unanimous consent that the reso- erage control agencies of the 50 States have lution be agreed to, the preamble be worked diligently to implement the powers agreed to, the motions to reconsider be f granted by the 21st amendment for 75 years laid upon the table, with no inter- and to ensure the creation and maintenance vening action or debate, and any state- ORDERS FOR THURSDAY, of State-based regulatory systems for alco- SEPTEMBER 25, 2008 hol distribution made up of producers, im- ments related to the resolution be porters, wholesale distributors, and retailers; printed in the RECORD. Mr. SALAZAR. Madam President, I Whereas the development of a transparent The PRESIDING OFFICER. Without ask unanimous consent that when the and accountable system for the distribution objection, it is so ordered. Senate completes its business today, it and sale of alcoholic beverages, an orderly The resolution (S. Res. 665) was stand in recess until 9:30 a.m., tomor- market, temperance in consumption and agreed to. row, Thursday, September 25; that fol- sales practices, the efficient collection of The preamble was agreed to. lowing the prayer and pledge, the Jour- taxes, and other essential policies have been The resolution, with its preamble, nal of proceedings be approved to date, successfully guided by the collective experi- reads as follows: ence and cooperation of government agencies the time for the two leaders be re- and licensed industry members throughout S. RES. 665 served for their use later in the day, the geographically and culturally diverse Whereas the United States should reduce and the Senate proceed to a period of Nation; the dependence of the Nation on foreign oil morning business, with Senators per- Whereas regulated commerce in alcoholic and enhance the energy security of the Na- mitted to speak for up to 10 minutes beverages annually contributes billions of tion by creating a transportation sector that each. dollars in Federal and State tax revenues is less dependent on oil; The PRESIDING OFFICER. Without and additional billions to the United States Whereas the United States should improve economy and supports the employment of the air quality of the Nation by reducing objection, it is so ordered. millions of people in the United States in emissions from the millions of motor vehi- more than 2,500 breweries, distilleries, cles that operate in the United States; f wineries, and import companies, more than Whereas the United States should foster 2,700 wholesale distributor facilities, more national expertise and technological ad- PROGRAM than 530,000 retail outlets, and numerous ag- vancement in cleaner, more energy-efficient Mr. SALAZAR. Madam President, we ricultural, packaging, and transportation alternative fuel and advanced technology ve- businesses; hicles; expect to receive the consolidated ap- Whereas the United States system of Whereas a robust domestic industry for al- propriations bill from the House to- State-based alcohol regulation has resulted ternative fuels and alternative fuel and ad- morrow morning. It is the majority in a marketplace with unprecedented choice, vanced technology vehicles will create jobs leader’s intention to turn to its consid- variety, and selection for consumers; and increase the competitiveness of the eration upon its arrival. Whereas members of the licensed alcoholic United States in the international commu- beverage industry have been constant part- nity; f ners with Federal and State governments in Whereas the people of the United States balancing the conduct of competitive busi- need more options for clean and energy-effi- RECESS UNTIL 9:30 A.M. nesses with the need to control alcohol in cient transportation; order to provide consumers in the United Whereas the mainstream adoption of alter- TOMORROW States with a safe and regulated supply of al- native fuel and advanced technology vehicles Mr. SALAZAR. Madam President, if coholic beverages; and will produce benefits at the local, national, there is no further business to come be- Whereas members of the licensed alcoholic and international levels; fore the Senate, I ask unanimous con- beverage industry have created and sup- Whereas consumers and businesses require sent that it stand in recess under the ported a wide range of national, State, and a better understanding of the benefits of al- community programs to address problems ternative fuel and advanced technology vehi- previous order. associated with alcohol abuse, including cles; There being no objection, the Senate, drunk driving and underage drinking: Now, Whereas first responders require proper at 8:56 p.m., recessed until Thursday, therefore, be it and comprehensive training to become fully September 25, 2008, at 9:30 a.m.

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