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 10, 2008 No. 143 House of Representatives The House met at 10 a.m. WELCOMING DR. DAVID O. DYKES and Robert R. Merhige, Jr. Federal Dr. David O. Dykes, Pastor, Green The SPEAKER. Without objection, Courthouse.’’. Acres Baptist Church, Tyler, Texas, of- the gentleman from Texas (Mr. f fered the following prayer: GOHMERT) is recognized for 1 minute. Our Father, as the Psalmist prayed, There was no objection. we proclaim that ‘‘the Lord is my ANNOUNCEMENT BY THE SPEAKER Mr. GOHMERT. Thank you, Madam PRO TEMPORE strength and my shield; my heart Speaker. trusts in Him and I am helped.’’ Dr. David O. Dykes has been pastor of The SPEAKER pro tempore (Mr. PAS- Father, on this very day 7 years ago, Green Acres Baptist Church for about TOR). The Chair will entertain up to 15 we were not prepared for how our Na- 17 years while being a true leader, spir- further requests for 1-minute speeches tion and our lives would change within itual guide, and dear friend. on each side of the aisle. a single day. But since that day, we In Tyler, Texas, Green Acres has over have found that Your grace is enough. 14,000 members and is the most mis- f We desperately depend upon Your fu- sion-minded church anywhere. Recog- JERSEY CITY REDEVELOPMENT ture grace. We praise You that You are nized this year with the highest award AGENCY not a spectator God who sits in heaven of the Southern Baptist Convention, uncaring and unconcerned. You are a Brother David, as his church knows (Mr. SIRES asked and was given per- loving Father who has numbered the him, has taken seriously the admoni- mission to address the House for 1 hairs on our head. Your wounded feet tions of Jesus to feed His sheep, min- minute.) still walk with us on the road of suf- ister to their needs, and take the Gos- Mr. SIRES. Mr. Speaker, I rise to fering. Your heart that was broken on pel into all the world. highlight the good work of the Jersey the cross still feels our every pain. As I heard here from a Florida pastor City Redevelopment Agency in the 13th And so, Father, give to Your servants yesterday, Brother David is truly an District of New Jersey, which I have wisdom and grace. May Your kingdom inspiration and a blessing because of the honor of representing. come and Your will be done. We hum- his evident burden for reaching out to The Jersey City Redevelopment bly ask in the name that is above every help others. He faithfully serves our Agency has a distinguished history in name, Your Son, our Redeemer, Jesus church, the local community, our the fight to eliminate blight, to create Christ. Amen. country and world. He dearly loves his opportunities, and to attract residen- amazing wife, Cindy, their daughters tial, commercial and industrial real es- f Jenni and Laura Grace, and their hus- tate projects in Jersey City. THE JOURNAL bands Jason and Jim. He and Cindy are Since its inception 60 years ago, the now the proud grandparents of Lizzi Jersey City Redevelopment Agency has The SPEAKER. The Chair has exam- and Caroline. God’s love is evident in been responsible for the direct rein- ined the Journal of the last day’s pro- the life and love of Brother David as vestment of billions of dollars in Jer- ceedings and announces to the House today’s congressional chaplain. sey City and tens of thousands of jobs. her approval thereof. Madam Speaker, though I am allowed The agency is committed to enhancing Pursuant to clause 1, rule I, the Jour- only 1 minute, it would take many the quality of life for all residents of nal stands approved. times more than that to adequately Jersey City by guiding responsible de- f extol the virtues of this great Amer- velopment and reinvestment in all ican pastor. neighborhoods and communities in Jer- PLEDGE OF ALLEGIANCE f sey City. They work daily to enhance The SPEAKER. Will the gentleman the quality of life of their residents and MESSAGE FROM THE SENATE from New Jersey (Mr. SIRES) come for- improve economic and housing oppor- ward and lead the House in the Pledge A message from the Senate by Ms. tunities while building strong, viable of Allegiance. Curtis, one of its clerks, announced partnerships with the Jersey City com- Mr. SIRES led the Pledge of Alle- that the Senate agrees to the amend- munity. giance as follows: ments of the House to the bill (S. 2403) Please join me in honoring the Jer- I pledge allegiance to the Flag of the ‘‘An Act to designate the new Federal sey City Redevelopment Agency as United States of America, and to the Repub- Courthouse, located in the 700 block of they celebrate their 60th year in busi- lic for which it stands, one nation under God, East Broad Street, Richmond, Virginia, ness and as they continue to build a indivisible, with liberty and justice for all. as the ‘‘Spottswood W. Robinson III better Jersey City for all residents.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.000 H10SEPT1 jbell on PROD1PC69 with HOUSE H7960 CONGRESSIONAL RECORD — HOUSE September 10, 2008 HOW MUCH MORE CAN BARACK House for 1 minute and to revise and As I toured factories, management OBAMA DISRESPECT WOMEN? extend his remarks.) explained how the rising cost of energy (Mrs. MILLER of Michigan asked and Mr. SMITH of Nebraska. Mr. Speak- was forcing them to raise the cost of was given permission to address the er, tomorrow we will look back on a their products, oftentimes making for- House for 1 minute and to revise and dark day which changed our Nation eign-made goods more appealing to extend her remarks.) and the world forever. consumers. When I met with farmers, Mrs. MILLER of Michigan. Mr. On September 11, 2001, we felt the they explained the high cost of fuel, Speaker, the campaign of BARACK tremors of the World Trade Center col- fertilizer, and chemicals. Some farmers OBAMA cannot refute Governor Sarah lapsing and the attack on the Pen- are spending over $900 a day to run Palin’s record of change and reform as tagon. We suffered the destruction of their tractors. Governor of Alaska. She took on the Flight 93 in rural Pennsylvania. And At our county fairs and events ‘‘Old Boy Network’’ in Alaska and she we came together as a country. throughout the district, families de- won. She took on corruption through- On that day, we learned those who scribed the impact of high gas prices out State government and rooted it would use terror and violence make no and how it is affecting their spending and savings plans, putting their finan- out. She took on Big Oil and made it distinction between innocent victims cial future and stability into jeopardy. serve the interests of her State. She is and soldiers. We learned the terrible lengths terrorists would go to, and During these discussions, I took pride a true agent of change. in telling everyone that House Repub- So now the Obama campaign has de- their utter disregard for human life. licans were fighting during the entire cided that the way to get at Sarah We mourned the loss of so many of our August recess for lower energy costs Palin is through personal attacks and fellow citizens. with an ‘‘all of the above’’ plan that in- sexist insults. Yesterday, the Associ- In the days, weeks, months and years cludes the responsible recovery of our ated Press quoted the following: ‘‘ ‘You since, we have honored the sacrifice and courage of those who showed the natural resources in addition to further can put lipstick on a pig,’ Obama said development of renewable and alter- to an outbreak of laughter, shouts and world America has men and women willing to lay down their lives for their native energy. raucous applause from his audience, Without comprehensive energy re- fellow citizens. clearly drawing a connection to Palin’s form, our constituents and economy Mr. Speaker, our thoughts should be joke. ‘It’s still a pig.’ ’’ will continue to suffer. It’s time for on the lives lost on September 11, 2001 Well, Mr. Speaker, Senator OBAMA Congress to act now. might find such jokes funny, but and of the men and women of our women will only find them insulting. Armed Forces who are fighting for our f American women also understand that freedom to this day. STROLLING DOWN MEMORY LANE: if this is the kind of change that Sen- f THE BUSH PRESIDENCY ator OBAMA is offering to America, it is (Mr. MCDERMOTT asked and was b 1015 really no change at all. Senator OBAMA given permission to address the House owes Governor Palin and the women of OIL SECURITY for 1 minute and to revise and extend America an apology. (Mr. OLVER asked and was given his remarks.) f permission to address the House for 1 Mr. MCDERMOTT. Mr. Speaker, with the clock winding down on the Presi- WE NEED A CHANGE IN minute.) dent’s second term, this seems like a WASHINGTON Mr. OLVER. Mr. Speaker, the corner- stone of our Republican colleagues’ en- good time to stroll down memory lane, (Mr. KAGEN asked and was given looking back on America then and ergy mantra these days is ‘‘Drill Now, permission to address the House for 1 now. Drill Anywhere’’ to eliminate our de- minute and to revise and extend his re- Under this President the number of marks.) pendence on foreign oil and to bring Americans without health care has Mr. KAGEN. Mr. Speaker, I rise gasoline prices now. ‘‘Drill now, drill risen from 38 million to 46 million. today because of a great change that is anywhere’’ works more like a concrete Under this President the price of gaso- taking place in northeast Wisconsin, a boot than a cornerstone. In the inter- line has risen from less than $1.50 a gal- change brought on by the failed eco- est of America’s national security, that lon to $4 a gallon. Under this President nomic policies of the current adminis- is just about the worst policy we could the unemployment rate has risen to tration, an administration that doesn’t adopt. over 6 percent, with millions more care about people, rather, they care According to our Geological Survey Americans out of work and running out about corporate profits. What is taking and our Minerals Management Survey, of help. Under this President the prices place in Wisconsin is taking place our total oil reserves both on land and that Americans pay for food, fuel, col- across the middle part of this country. offshore would only last 15 to 20 years lege, transportation, and medical costs We are losing our jobs overseas. at the rate America consumes oil have risen by 25 percent. And let’s not The paper industry in Wisconsin is today, which is 8 billion barrels a year forget that mortgage foreclosures are being decimated, and recently a paper and still rising. What exactly would rising while housing prices are falling, mill closed. One of the families that America do in 15 to 20 years when all of like a rock. This President has been lost their position was Bruce Van Zee- our oil is used up and the only remain- willing to bail out Wall Street but land, who writes, ‘‘It turned our life ing sources of oil are controlled by never mind Main Street. upside down, working at one company some of the most undemocratic oil dic- Strolling down memory lane can be for 28 years and having no other skills tatorships around the world? very educational, especially when you in this horrible job market. My wife is Think about it, America, before it’s consider the President is running for struggling to find a full-time job now. too late. an unprecedented third term. They We cannot help out our three kids in f talk about change, but only the names will change. The Republican ‘‘wreck-o- college. We worry about losing our COMPREHENSIVE ENERGY RE- nomic’’ policies that created this eco- home.’’ FORM; THE TIME FOR CONGRESS This is the change that came about nomic disaster will remain exactly the TO ACT IS NOW from this Republican dominated House same. That’s not nostalgia; that’s a for 12 years and the current adminis- (Mr. LATTA asked and was given promise from this administration. tration. We do need a change in Wash- permission to address the House for 1 f ington, and the Van Zeelands need it minute.) now. Mr. LATTA. Mr. Speaker, I spent the DRILL, BABY, DRILL, AND MINE COAL f month of August traveling throughout my district speaking with my constitu- (Mr. SHIMKUS asked and was given SEPTEMBER 11 ents about what issues matter to them permission to address the House for 1 (Mr. SMITH of Nebraska asked and most. Hands down, energy prices are minute and to revise and extend his re- was given permission to address the their number one concern. marks.)

VerDate Aug 31 2005 04:34 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.002 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7961 Mr. SHIMKUS. Mr. Speaker, here’s Mr. BARRETT of South Carolina. THE FAILED ECONOMIC POLICIES the difference between both sides. Fol- Mr. Speaker, it’s been 5 weeks since we OF THE DEMOCRATS lowing my colleague, who says this ad- have been in session here on the House (Ms. FOXX asked and was given per- ministration, this President, what he floor. But there have been many of us mission to address the House for 1 fails to mention is that the Democrat that have been on this floor through- minute.) majority in this House for the past 2 out the month of August. We have Ms. FOXX. Mr. Speaker, when I first years is part of the problem. I recog- talked directly with the American peo- came to the Congress, I was appalled at nize that. ple about the immediate need for com- the comments that were being made on Here is the price of a barrel of crude prehensive energy legislation. And dur- the other side. Having come from a leg- oil when President Bush came in: $23 a ing August, it became crystal clear islative position, I was not used to peo- barrel. Here’s the price of a barrel of that there’s a disconnect between what ple getting up and telling out-and-out crude oil when this Democrat majority is happening on the streets of America boldfaced untruths. It has been a real came in: $58 a barrel. Today it’s at $103. and what is happening here in Wash- learning experience for me, but that We can’t sustain that. We can blame ington, DC. has continued particularly in the last 2 everybody we want, but this is a prob- One day my colleague was talking years with our colleagues on the other lem we can’t sustain. and in a moment of doubt and frustra- side. They stand up here and try to Drill, baby, drill. Here’s the Outer tion, he said, ‘‘I don’t even know if blame what has happened in this coun- Continental Shelf. They want to only anybody is listening,’’ to which some- try in the last 2 years on the President to do 20 percent, maybe. They can’t body stood up on the floor here and of the United States when the Demo- even get an agreement on what they said, ‘‘America is listening, Congress- crats are in charge of the Congress. want. This whole area should be open man. America is listening.’’ And he was for exploration recovery of oil and gas right. One of the best things we accom- in our country to help decrease our re- The American people are hurting. At plished during the month of August, liance on imported crude oil and lower a gas station in North Augusta, South when Republicans stood on this floor prices, and they don’t have a clue. Carolina, one gentleman, a special for 5 weeks while Democrats were on They’ll continue to say ‘‘no’’ to oil and needs gentleman, came up to me and vacation, was call attention to the fact gas exploration. said, ‘‘Congressman, I can only afford that the Democrats are in charge. The They won’t even address coal as part $39 of gas, half a tank, because that’s failed economic policies of the past 2 of the solution. Coal is the greatest re- all I have and that’s got to do me.’’ years belong strictly to the Democrats source we have in this country. What are we doing to help this gen- because they have allowed gas prices to I want to drill, baby, drill, and I want tleman? double and they have done absolutely to mine coal. Mr. Speaker, let’s quit the partisan- nothing. Now they’re bringing up a bill they f ship. This is an American problem and we need American solutions. Com- say that’s going to do something about IF YOU WANT CHANGE, YOU WANT prehensive legislation, all of the above. gas prices. Well, I think that bill will THE DEMOCRATIC PARTY f probably deserve the ‘‘Emperor’s New (Mr. COHEN asked and was given per- Clothes’’ award and somebody is going mission to address the House for 1 REPUBLICAN FAILURES ON THE to have to say that. minute.) ECONOMY; WE CANNOT AFFORD Mr. COHEN. Mr. Speaker, it’s a bit MORE OF THE SAME f confusing sometimes to listen to the (Ms. EDWARDS of Maryland asked rhetoric. The Republicans have had the and was given permission to address HEALTH CARE Presidency now for nearly 8 years, and the House for 1 minute.) they have had the majority in this Ms. EDWARDS of Maryland. Mr. (Mr. ALTMIRE asked and was given House since 1994, I think. And if you Speaker, Americans everywhere are permission to address the House for 1 watched the Republican convention, paying the high price of 7 years of minute.) you would think they were the Demo- failed Republican economic policies Mr. ALTMIRE. Mr. Speaker, while crats talking about change and the that have favored the wealthiest few some in the minority party and in the problems we have in Washington. and the big corporations at the expense Presidential race are trying to recast They’re so against Washington, it’s the of middle class families, including in themselves as agents of change, noth- Washington they have created and cul- my State of Maryland. ing could be further from the truth. In tivated. And the corruption that we’ve Today, 3.4 million more Americans fact, the Republicans controlled this seen here has mostly been on that par- are unemployed than when President House for the first 6 years of the Bush ticular side of the aisle. The failure of Bush took office 7 years ago. This year administration and in the past 2 years our having a children’s health plan, alone more than 600,000 jobs have been they have done little more than ob- which this country should have as a lost. Economists estimate that our struct our attempts to correct the mis- cornerstone of its policy, was the fault economy must create at least 150,000 guided policies of the past. of the Republican side that was more jobs every month. Well, this adminis- In the past 8 years, the number of interested in tobacco interests than tration hasn’t done that. Americans living without health insur- children’s interests. And too many The job losses that have occurred on ance has increased by more than 7 mil- times we see the corporate interests of President Bush’s watch stand in stark lion. Today nearly one in nine children the oil corporations take over the in- contrast to the millions of jobs created lack health insurance. After retaking terests of the American society and under President Clinton’s economy control of Congress, we tried not once getting us to be truly energy inde- back in the 1990s. Over this same 8- but twice to ensure that 10 million pendent. month period in Clinton’s second term, children had access to health care I submit to you, Mr. Speaker, that the economy created 1.4 million jobs, through the Children’s Health Insur- the parties have differences, but if you and we have lost 600,000 jobs under this ance Program, which serves families want change, you want the Democratic administration just this year alone. that are working hard and playing by Party. BARACK OBAMA was a commu- Mr. Speaker, for 6 years straight, the rules but can’t afford health care nity organizer like Jesus, whom our Washington Republicans implemented for their kids. And although we were minister prayed about. Pontius Pilate economic policies that favored the in- able to pass the bill through Congress, was a Governor. terests of Wall Street over the inter- President Bush vetoed it twice and f ests of Main Street. It’s time for a dra- Senator MCCAIN recently said that was matic change, one that takes us away the right decision. ENERGY from the failed Republican policies of Mr. Speaker, we must work together (Mr. BARRETT of South Carolina the last 8 years and enables us to really to find ways to improve our health care asked and was given permission to ad- tackle the challenges of the 21st cen- system, especially for our children. dress the House for 1 minute.) tury. More of the same just won’t do.

VerDate Aug 31 2005 04:34 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.004 H10SEPT1 jbell on PROD1PC69 with HOUSE H7962 CONGRESSIONAL RECORD — HOUSE September 10, 2008 SUSPENSION BILLS: MAJOR POL- b 1030 America’s innovation and the fact that ICY DECISIONS BY THE LEADER- LET’S NOT BEG OPEC we are not as competitive as this coun- SHIP OF THE MAJORITY PARTY try needs to be. One of the best solu- (Mr. TERRY asked and was given (Mr. BURGESS asked and was given tions to these three major problems is permission to address the House for 1 permission to address the House for 1 solar energy. minute and to revise and extend his re- minute and to revise and extend his re- The investment tax credit, Mr. marks.) Speaker, the ITC, will expire at the end marks.) Mr. TERRY. Yesterday, OPEC met. Mr. BURGESS. Mr. Speaker, I came of the year. At home in southern Ari- OPEC decided to cut production be- to the floor of the House this morning zona and across this great Nation, free cause they were frustrated that the energy radiates from the sky almost to talk about energy. But I just want price per barrel was nearing the $100 every day of the year. Across my dis- to say a word about what was just dis- per barrel price. My goodness. What a trict, residents, businesses, utilities, cussed. We have had major policy decisions tragedy for them. Isn’t it a problem for and individuals are all working to do their part to take advantage of that in health care come to the floor of this this country that we rely so heavily on sunshine. But major projects, large House, not through my Subcommittee foreign oil? OPEC controls the major- projects, but also small projects, will on Health in Energy and Commerce, ity of oil production. Our energy policy not move forward without the exten- not through the full Committee on En- should not have to be begging OPEC for more production. sion of the ITC. ergy and Commerce. No. It comes di- Southern Arizonans are willing to do rectly from the Speaker’s Office to the Yesterday, our electric company that serves my district announced they’re their part. We here in Congress have to floor of the House. It comes up under do ours by working across party lines suspension because who wants to vote raising the rates because the train company that hauls the coal to them and working in the Senate to ensure against health? Who wants to vote that the ITC is extended. This is crit- against doctors? had to raise their rates because the price of diesel fuel has gone up so ical for our country, for our competi- But the reality is major changes in tiveness, for climate change, and for public policy are going on with no dis- much. So the electrical rates of every consumer, every household in Omaha, ending our dependency on foreign oil. cussion in committee, no ability to I urge my colleagues to work to- is going to have double digit inflation amend or improve a bill on the floor of gether to pass the ITC. on their electric bill. the House, no ability to offer an alter- f native before we vote because they are Please, Mr. Speaker, let the madness brought up under suspension. stop. Let’s do a real energy bill. HOUSE DEMOCRATS CONTINUE TO This is wrong and this is indicative of f SUPPORT BILLS THAT PROVIDE AMERICANS RELIEF AT THE the type of leadership that this House THEY PUT US IN THIS SITUATION has had for the last 20 months. This is PUMP what the American people say they (Mr. MORAN of Virginia asked and (Mr. STUPAK asked and was given want changed. When they talk about was given permission to address the permission to address the House for 1 change, they’re talking about change House for 1 minute and to revise and minute and to revise and extend his re- from the top, and it’s high time it hap- extend his remarks.) marks.) pened. Mr. MORAN of Virginia. Mr. Speak- Mr. STUPAK. Mr. Speaker, back in er, for the last 8 years, our President f 2003, congressional Republicans sup- and Vice President the founder of Bush ported the Bush-Cheney energy bill DEMOCRATS LOOK TO JUMP- Oil Exploration and the former CEO of that was written in secret by Big Oil. START THE BUSH ECONOMY BY Halliburton, the world’s largest oil And, boy, are we paying. PASSING SECOND ECONOMIC RE- servicing firm, have had this country Three years later, we have record COVERY PLAN focused almost exclusively on drilling prices for consumers and record profits (Mr. PERLMUTTER asked and was for fossil fuels, the use of oil and gas to for the oil companies. Since taking given permission to address the House power our economy. This administra- control of Congress last year, Demo- for 1 minute.) tion issued 40,000 permits for drilling crats have worked hard to reverse Mr. PERLMUTTER. Mr. Speaker, on public land onshore, and made 300 these failed energy policies. you can put lipstick on the failed Bush- million acres offshore available to oil For the first time in 32 years, we in- McCain policies, but they are still the and gas companies. They still have 68 creased the fuel efficiency standards same old Bush-McCain policies. And million acres of proven reserves that for vehicles so they will be more effi- those Bush-McCain policies have led they are not drilling on. cient, which will save Americans about our Nation into a recession. Americans But what is the focus now? Let’s go $1,000 a year. We also made a historic need a new direction and a change. after that last remaining 20 percent, commitment to investing in biofuels Since taking control of Congress last even though it’s the most environ- and increasing domestic oil supply and year, congressional Democrats have mentally sensitive, even though it will drill responsibly. This is a good start, but more needs been working to rebuild the Bush- devastate the tourism industry and to be done. That’s why House Demo- McCain economy and help families fishing industry of several states. Let’s crats brought eight pieces of legisla- struggling to make ends meet. We go after that. That’s the answer. For- tion up in July to cut the high cost of started by enacting the first increase get the fact that we opposed research gas, and Republicans opposed every one in the Federal minimum wage in al- into solar power, cutting it by 80 per- of those bills. most a decade, directly helping an esti- cent, cutting wind power research and Mr. Speaker, it’s time for House Re- mated 5.3 million Americans and set- opposing more fuel efficient engines. publicans to work with us Democrats ting a new wage floor for another 7.2 They put us in this situation, and to provide the American people lower million lower wage workers. When it’s now they want more of the same. And costs at the pump and lower costs in fully phased in, the pay raise will place they’re wrong. the grocery store by ending the exces- an additional $4,400 in the paychecks of f sive Wall Street speculation in our en- these workers. This year we extended A RESPONSIBLE ENERGY POLICY ergy markets and increasing our en- assistance to unemployed workers who ergy and food costs. Mr. Speaker, it’s are having a difficult time finding a job MUST INCLUDE SOLAR TAX CREDITS time to end the manipulation of prices in a Bush-McCain economy that is sim- by Wall Street and the excessive specu- ply not producing jobs. Now we are pre- (Ms. GIFFORDS asked and was given lation, to lower prices and save this paring to introduce a new economic permission to address the House for 1 American economy. minute.) package that will invest in America f and create new jobs. Ms. GIFFORDS. There are three big Mr. Speaker, Congress cannot afford problems that face America today. RECESS to wait to jump-start this economy. We First, our dependence on foreign oil; The SPEAKER pro tempore. Pursu- must act this month. second, climate change; and third, ant to clause 12(a) of rule I, the Chair

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.006 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7963 declares the House in recess subject to ment adopted in the Committee of the Whole home to some of the best flat-water ca- the call of the Chair. to the bill or to the committee amendment noeing in Vermont and in the North- Accordingly (at 10 o’clock and 35 in the nature of a substitute made in order east. Both of these rivers are highly minutes a.m.), the House stood in re- as original text. The previous question shall valued by the surrounding towns and be considered as ordered on the bill and cess subject to the call of the Chair. amendments thereto to final passage with- the communities. It has great rec- f out intervening motion except one motion to reational areas, swimming pools, and recommit with or without instructions. boating. Vermont parents that grew up b 1220 SEC. 2. During consideration in the House swimming in these rivers take their AFTER RECESS of H.R. 3667 pursuant to this resolution, not- kids back there, and it’s a place in withstanding the operation of the previous Vermont of just extraordinary scenic The recess having expired, the House question, the Chair may postpone further and natural beauty. was called to order by the Speaker pro consideration of the bill to such time as may The bill, as these study bills all do, tempore (Mr. SALAZAR) at 12 o’clock be designated by the Speaker. provides for a study of the two rivers, and 20 minutes p.m. SEC. 3. House Resolution 1399 is laid on the table. and it represents a first step toward f protecting Abenaki Indian archeo- The SPEAKER pro tempore. The gen- logical sites along the flood plains, pro- PROVIDING FOR CONSIDERATION tleman from Vermont is recognized for tecting scenic waterfalls and gorges, OF H.R. 3667, MISSISQUOI AND 1 hour. and a way of life that has been in these TROUT RIVERS WILD AND SCE- Mr. WELCH of Vermont. Mr. Speak- communities surrounding the two riv- NIC RIVER STUDY ACT OF 2008 er, for the purpose of debate only, I ers for generations. yield the customary 30 minutes to the Mr. WELCH of Vermont. Mr. Speak- Passage of the rule will allow the gentleman from Washington, my er, by direction of the Committee on Missisquoi and Trout Rivers Wild and friend, Mr. HASTINGS. All time yielded Rules, I call up House Resolution 1419 Scenic River Study Act to be consid- during consideration of the rule is for and ask for its immediate consider- ered on the floor by the full body, and debate only. ation. I urge support of this rule and the un- The Clerk read the resolution, as fol- GENERAL LEAVE derlying bill. lows: Mr. WELCH of Vermont. Mr. Speak- Mr. Speaker, I reserve the balance of H. RES. 1419 er, I ask unanimous consent that all my time. Resolved, That at any time after the adop- Members be given 5 legislative days in Mr. HASTINGS of Washington. Mr. tion of this resolution the Speaker may, pur- which to revise and extend remarks on Speaker, I want to thank my friend suant to clause 2(b) of rule XVIII, declare the House Resolution 1419. from Vermont (Mr. WELCH) for yielding House resolved into the Committee of the The SPEAKER pro tempore. Is there me the customary 30 minutes, and I Whole House on the state of the Union for objection to the request of the gen- yield myself such time as I may con- consideration of the bill (H.R. 3667) to amend tleman from Vermont? the Wild and Scenic Rivers Act to designate sume. a segment of the Missisquoi and Trout Riv- There was no objection. (Mr. HASTINGS of Washington asked ers in the State of Vermont for study for po- Mr. WELCH of Vermont. Mr. Speak- and was given permission to revise and tential addition to the National Wild and er, I yield myself such time as I may extend his remarks.) Scenic Rivers System. The first reading of consume. Mr. HASTINGS of Washington. Mr. the bill shall be dispensed with. All points of H. Res. 1419 provides for the consider- Speaker, my colleague has spoken at order against consideration of the bill are ation of H.R. 3667, the Missisquoi and length about the reasons—though not waived except those arising under clause 9 or Trout Rivers Wild and Scenic Study as long as I thought he would, let’s put 10 of rule XXI. General debate shall be con- Act of 2008, under a structured rule. fined to the bill and shall not exceed one it that way—why he believes these hour equally divided and controlled by the The rule provides 1 hour of general de- stretches of the river in Vermont to be chairman and ranking minority member of bate controlled by the Committee on studied for the designation as Wild and the Committee on Natural Resources. After Natural Resources, makes in order Scenic, and it’s very clear that he general debate the bill shall be considered three amendments printed in the Rules strongly believes in this bill to enact for amendment under the five-minute rule. It Committee report, and provides one this study. He obviously has a great shall be in order to consider as an original motion to recommit with or without deal of love for his State when he chal- bill for the purpose of amendment under the instructions. lenges all of the other 49 States as not five-minute rule the amendment in the na- Mr. Speaker, I want to thank Chair- ture of a substitute recommended by the being as beautiful, at least indirectly, Committee on Natural Resources now print- man RAHALL and Representative as Vermont. And I would just point out ed in the bill pursuant to Part II of House GRIJALVA, Ranking Members YOUNG to him that in my State we have so Report 110–668. That committee amendment and BISHOP for helping to bring this much geographic diversity as far as in the nature of a substitute shall be consid- bill to the floor today. And I would like beauty is concerned, from one area of ered as read. All points of order against that to thank the staff of the Natural Re- the State where we have more rainfall committee amendment in the nature of a sources Committee for their very hard than anyplace in a country—I’m not substitute are waived except those arising work on a bill that is of great impor- talking about Seattle; I’m talking under clause 10 of rule XXI. Notwithstanding tance to my State of Vermont. clause 11 of rule XVIII, no amendment to about the Olympic Peninsula—to the that committee amendment in the nature of The Missisquoi and Trout Rivers are area where I live, which is a desert area a substitute shall be in order except those two of the most beautiful rivers in the that has in some areas where I live less printed in the report of the Committee on most beautiful State in the Nation, and than 7 inches of rain. So I invite my Rules accompanying this resolution. Each that, with all due respect to the man friend any time he wants to come out such amendment may be offered only in the from Washington, I claim to be the to see what real beauty is in a short pe- order printed in the report, may be offered State of Vermont. These rivers are bor- riod of time, and he may want to ask only by a Member designated in the report, dered by the largest and perhaps the me up there and I might respond to shall be considered as read, shall be debat- highest quality silver maple floodplain able for the time specified in the report that. equally divided and controlled by the pro- forest remaining in our State of But having said all of that, Mr. ponent and an opponent, shall not be subject Vermont. They are also home to di- Speaker, I believe it’s fair to say that to amendment, and shall not be subject to a verse animal life, including brook the American people, frankly, are far demand for division of the question in the trout, rare freshwater mussels, and less concerned about the rivers in House or in the Committee of the Whole. All spiny soft shell turtles. It’s a favorite Vermont and are far more concerned points of order against such amendments are walking, hiking, fishing area for many about the high price of gasoline and waived except those arising under clause 9 or people in northern Vermont and, in- the fact that Congress is not acting 10 of rule XXI. At the conclusion of consider- deed, from Upstate New York and all ation of the bill for amendment the Com- right now on real solutions to lower en- mittee shall rise and report the bill to the around Vermont. ergy costs. House with such amendments as may have Additionally, the Missisquoi River is The House of Representatives will been adopted. Any Member may demand a part of this extraordinary 740-mile spend over 21⁄2 hours today discussing separate vote in the House on any amend- northern forest canoe trail, which is rivers in Vermont but not 1 minute,

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.010 H10SEPT1 jbell on PROD1PC69 with HOUSE H7964 CONGRESSIONAL RECORD — HOUSE September 10, 2008 Mr. Speaker, not 1 minute, on actual ica’s ability to produce more of its own there were a number of tourists, as we legislation to lower the price of gaso- energy and on American jobs and the always have coming through the U.S. line. I really believe that the priorities economy. And we can do that, Mr. Capitol, their Capitol, and they were of this Congress since we have come Speaker, very simply by opening the invited to sit on the floor and talk with back from the 5-week August vacation resources that we have in this country. us, interact with Members that came are wrong. High gas and energy prices We need to change their no, no, no down and spoke. are hurting American workers and it’s stance on producing more American The 2 days that I was here, and I hurting our Nation’s economy. energy. admit I was only here 2 of those days, This Congress, Mr. Speaker, and we b 1230 the last 2 days, and I had private con- all know this, needs to vote on the all- versations with a number of tourists With jobs at stake, Mr. Speaker, this of-the-above energy plan. In that plan that came through here. I have to say Congress twiddles its thumbs and it includes promoting alternative en- they were not from the Northwest, al- busies itself once again, as we did ear- ergy sources, like wind and solar though there were some from the lier in the year, naming post offices power. I might add parenthetically, Mr. Northwest, but there were some from and, today, studying the value of rivers Speaker, that we have a nuclear plant the South, and they were all kind of in Vermont, in all deference to my in my district, we have hydro plants in perplexed as to why the people’s House, friend from Vermont. my district, and we have wind ma- the House of Representatives, probably Mr. Speaker, this House should be chines in my district. I am all in favor the genius part of our Founding Fa- permitted to have a ‘‘yes’’ or ‘‘no’’ vote of all of the above, and our all-of-the- thers in making a representative body, on legislation to expand alternative en- above energy plan includes precisely of which all Members that have served ergy sources and to lift the ban on that. there, and there are slightly over 11,000 drilling offshore, both coasts, Mr. This plan recognizes the need for Members that have served in this body Speaker, and in ANWR and other Alas- more nuclear power. As I mentioned, I and, Mr. Speaker, every one, every one kan lands in Alaska. But, unfortu- have a nuclear power plant in my dis- of those Members have been elected to nately, the liberal leaders in this Con- trict. Of course, it protects the value of this House. There has never been a gress have blocked, up to this point hydropower, and that is the most abun- Member that was appointed to the U.S. have blocked, a fair ‘‘yes’’ or ‘‘no’’ vote dant energy source for us in the North- House of Representatives. for months because I believe, Mr. west. But it also allows, while we tran- Now why do I say this in the context Speaker, and I believe the majority of sition to a new energy source in the fu- Members of this body knows that if we of energy prices? The genius of our ture, it allows drilling offshore and in Founding Fathers was that the House were to put the all-of-the-above energy Alaska and on other Federal lands. plan up for a vote, that a majority of of Representatives and the fact that Mr. Speaker, it really is time for the every one was elected is probably more this House would vote for it. But we liberal leaders of this Congress to stop have been denied that opportunity in tune to what the people’s wishes are blocking a vote on producing more across the country. time after time after time. Instead, American-made energy. It’s time for And so they were, frankly, the people they voted to go on a 5-week vacation Members of Congress to stop hiding I talked to, perplexed. Well, if this is in August to avoid working to lower and to start voting. the people’s House, why haven’t you gas prices, to protect American jobs, to Mr. Speaker, we all know that we are had the opportunity to have a vote, make our Nation more energy inde- not elected to avoid taking positions just a vote up or down, recognizing, lis- pendent. on tough issues. We are elected to ten, we know that a majority rules, But, Mr. Speaker, I want to say that stand up and resolve those tough issues and I am prepared to take the con- during that time since the adjourn- for the American people. So it’s time sequences of that if my position on any ment for the 5-week vacation, a num- for Congress to set aside naming post issue fails to get a majority vote. I rec- ber of my Republican colleagues, 136 of offices; in deference, again, to my ognize that. I think every Member of my Republican colleagues, were here friend from Vermont, studying rivers. Congress understands that. But to not every day for several hours a day, try- It’s time to get serious about address- have the opportunity, not have the op- ing to attempt to call the ask the ing the high cost of gasoline and voting portunity to even vote, even vote on a Speaker to call Congress back in ses- yes or no on real solutions, including proposal, really perplexes the tourists sion. Unfortunately, that didn’t hap- drilling offshore and in Alaska. pen. So now we are back here again on With that, Mr. Speaker, I reserve the that came through here the 2 days I a regularly scheduled basis, and we will balance of my time. was on the floor. certainly have an opportunity to have Mr. WELCH of Vermont. I am the In talking to my other colleagues, a vote on the all-of-the-above, and I last speaker on our side, so I will re- some of whom were down here as many will talk about that more later. serve my time. as 13 days, and more, they had what I But, Mr. Speaker, in the past, in the Mr. HASTINGS of Washington. Mr. would say were similar experiences past, Senator BARACK OBAMA, Senator Speaker, the gentleman is the last with their conversations with people JOE BIDEN, Senator HARRY REID, and speaker, and he is prepared to close. I that came through here. Speaker NANCY PELOSI, they are the know I have several Members that have Mr. Speaker, I mentioned that my leaders of the Democrat Party here in asked for time. So, Mr. Speaker, I will district is the district that in central the U.S. Congress. Yet the one thing, yield myself such time as I may con- Washington that is a center of vir- other than being Democrat leaders, the sume until other Members come to the tually—I won’t say all, but a great one thing they all have in common, Mr. floor. deal—of electricity that is produced in Speaker, is that they have in the past Mr. Speaker, I mentioned just briefly the Pacific Northwest. Within my dis- always opposed offshore drilling and in my remarks that after the adjourn- trict, for example, probably the hydro- drilling in Alaska. I think the majority ment prior to the 5-week vacation and, electric facility that most Americans of the Americans feel contrary to that by the way, that adjournment resolu- can associate with is Grand Coulee view. And they fight and block any ac- tion was passed on a straight partisan Dam. Half of that dam is in my district tion on that at every turn. They refuse vote. Every Republican voted against and the other half is in my colleague’s to act and to allow a vote on a drilling it because we felt we needed to stay from the Fifth District, CATHY and alternative energy plan that would here to help resolve the energy problem MCMORRIS RODGERS’ district. ultimately lower gas prices. rather than go on a 5-week vacation. But, in addition to that, I have up to To me, Mr. Speaker, I just simply But there were a number of Members, I 10 dams that are wholly within my dis- have to say in this election year that can mention 136 Members, that came trict or I share with other Members of it’s clear that liberalism has been put down here and talked about the need Congress, including my friend and col- ahead of the need to help American for energy. league from across the river in Oregon, workers and families struggling with During that time, Mr. Speaker, the GREG WALDEN. There are three dams high gas prices. We need to end the lights were off here, the microphones there where we share half of those stranglehold that they have on Amer- were off, and the cameras were off. Yet dams.

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.012 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7965 That produces about 70 percent of the Mr. Speaker, I ask unanimous con- this part of the debate a draw and pro- electricity in the northwest. It is re- sent to have the text of the amendment ceed. newable, Mr. Speaker. It is absolutely and extraneous material inserted into Two things in response to comments renewable, and we need to expand that, the RECORD prior to the vote on the made by my friend from Washington. and a portion of expanding hydropower previous question. Number one, it appears that there are is in the all-of-the-above energy plan I The SPEAKER pro tempore. Is there no reservations or no stated objections talked about earlier that we have been objection to the request of the gen- to the study itself that is, frankly, denied a vote on. We have been denied tleman from Washington? quite important to Vermont. This is a a vote on. There was no objection. very special part of our State that has Furthermore, I mentioned that I Mr. HASTINGS of Washington. Mr. the opportunity with the benefit of this have wind plants in my district. Be- Speaker, I again ask my colleagues to study to be preserved for generations cause generally in areas that I men- vote ‘‘no’’ on the previous question so ahead, just as it has been cared for and tioned earlier on, that there was not a that Congress, as they return from the enjoyed by generations in the past. So whole lot of rainfall in certain parts of 5-week recess—vacation, in some peo- it is a very, very serious issue to the my district, but the wind does blow. ple’s terms—and begin the work here in folks in Vermont. It is just a very spe- Now the wind, of course, is only good if the fall before the election, so that we cial place. the wind blows. But if the wind blows, can finally vote, Mr. Speaker, on real The gentleman has not raised any it adds to the other facilities, like solutions to the real and painful prob- specific objections. His objections are hydro, like hydro, or like nuclear. And lem of high gas and energy prices. more in the nature of spending time on I have a nuclear plant in my district. American workers and families are this instead of spending time on some- What I am saying, Mr. Speaker, is hurting. Congress can help, can help thing else. So I would urge the Mem- that my constituents are well aware today by voting on and passing this bers to take that into account when that we need to have a diverse energy legislation, the American Energy Act. they are voting on the previous ques- portfolio. Without having an oppor- Mr. Speaker, I think it’s time to tion. tunity in the people’s House to at least show whether you’re really for low- Second, I will address the energy ar- address the issue of all of the above, ering gas prices or whether you will guments. This has been the refrain on seems to me to be contrary, seems to continue to vote in lockstep with those the part of our friends on the other side me to be contrary to what this Con- against lifting the ban on offshore as a response to every piece of business gress is all about, and indeed what the drilling and promoting alternative en- that we are doing on behalf of the House of Representatives is all about ergy. American people. I think it has become as it was envisioned by the Founders. apparent that this has become much With that, Mr. Speaker, I have talked Mr. Speaker, I urge my colleagues to more of a political debate than it has about what we did in August, and I vote ‘‘no’’ on the previous question. been an effort substantively to solve a have talked about the fact that up With that, I yield back my time. very, very serious problem. Let me give until August, and now we have a new b 1245 session coming in after the break, that a little commentary about that. Mr. WELCH of Vermont. Mr. Speak- Number one, my friends on the other the Democrats have blocked and er, I yield myself such time as I may side have been in control of this insti- blocked any vote on lifting the ban. consume. But I have heard during the break tution and had the Presidency and the Mr. Speaker, I am shocked that my that there are a number of brave control of Congress for the past 12 friend from Washington would question Democrats who I think went home, years, until this Congress, and had an my assertions about the beauty of talked to their constituents, and find opportunity to enact comprehensive Vermont, and I will invite the Member out that their constituents were saying energy legislation when it was quite from Washington to come to Vermont we need to become more energy inde- apparent to the American people that so I can let you firsthand experience pendent. As a result, they proclaim the problem of our excessive depend- the evidence that I have had so much that they support now offshore drilling ence on oil was a real and urgent prob- opportunity to observe myself. to increase the supply of gasoline and lem. By the way, I have been to Wash- oil and to make America more energy They did nothing. In fact, the energy independent. ington. I climbed Mt. Rainier three act they passed quite astonishingly Well, listen. To all of my colleagues times and was out on the San Juan Is- provided taxpayer incentives, tax de- that maybe during the August break lands. ductions, tax credits, to oil companies and having listened to their colleagues Mr. HASTINGS of Washington. Mr. that were enjoying record profits. It is or to their constituents at home, I Speaker, will the gentleman yield? a mature industry, it is a profitable in- have a very positive message for you, Mr. WELCH of Vermont. For brag- dustry, yet the energy policy that was and I have an opportunity for you, be- ging about Washington, yes, I will. pursued and failed by our friends on cause by voting against the previous Mr. HASTINGS of Washington. Well, the other side during the 12 years they question, Mr. Speaker, all of my col- of course I am going to do that. And, were in charge basically was to give oil leagues can prove that you are sup- listen: Mt. Rainier I can see from my companies more taxpayer money. porters of drilling and producing Amer- district on a clear day, because it is It made no sense. There was no effort ican-made energy. Of course, if you do 14,410 feet high. But it is quite a view to use the power they had of the major- not, that means that you side, of when you view it from a desert setting. ity to bring to the floor legislation course, with Speaker PELOSI and you So I invite you the next time you come that would promote alternative energy. oppose drilling. back to come over to my district for all There was no effort to take the power By defeating the previous question, the great wines, where the wine grapes that they had and provide tax incen- Mr. Speaker, I will move to amend the are grown, by the way. And I under- tives for the alternative energy indus- rule to make in order H.R. 6566, the stand my friend likes to have a cold tries that we know we must support if American Energy Act, and I have beer once in a while. The taste of that we are going to reduce and ultimately talked at length about what it is. This beer comes from the hops that are eliminate our dependence on foreign bill will reduce the price at the pump grown in my district. oil. by enacting an all-of-the-above energy So, Mr. Speaker, I appreciate my Mr. HASTINGS of Washington. strategy. Once again, what it does, it friend yielding on that basis, and I look Would the gentleman yield on that increases the supply of American-made forward to his visit. I appreciate it and point? energy by using environmentally sound yield back to him. Mr. WELCH of Vermont. I won’t technology and innovations. It does so Mr. WELCH of Vermont. Thank you, yield. My intention, my friend from by improving conservation and effi- my friend from Washington. We better Washington, is to respond and bring ciency and, Mr. Speaker, it promotes a get back to the focus at hand, because this to a close, thank you. diversity by renewing alternative en- now Vermont quality beer has been So, number one, we are hearing ob- ergy sources, like wind that I had challenged as well as the beauty of jections from people who when they talked about, and solar. Vermont rivers. So we will just call had the power to do the things they

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.014 H10SEPT1 jbell on PROD1PC69 with HOUSE H7966 CONGRESSIONAL RECORD — HOUSE September 10, 2008 claim they want to do, didn’t use the side opposed it. Our friends in the Sen- come from the American people, who power they had to accomplish those ob- ate won’t move on it. We are prepared are tired of a Congress that passed off jectives. to do it again. But the suggestion that as an energy policy giving more money Number two, when we have brought has been made repetitively, over and to the oil companies. forward legislation and passed it, it has over again, that the leadership of the We have to make a fundamental deci- been with their objection. And what Democratic Party in the House of Rep- sion in this hyper-political atmosphere they claim they want to do are many resentatives is standing in the way of of a presidential election whether we things that we did over their objection. energy policy is flat out wrong. It is want to continue politics as usual, I will give a few examples. flat out false. Why is it being offered? which in my view is a dead end, or we To deal with the short-term price It is being offered for political pur- want to work together to achieve what pressure at the pump and with home poses, I would suggest. we know is important for the American heating oil, this House of Representa- Now, let me tell you this: That al- people, that is, short-term relief for tives passed legislation that I spon- though we have passed comprehensive prices at the pump, and it is a long- sored to stop filling up the Strategic energy legislation several times in this term energy policy that frees us from Petroleum Reserve and take off some House, although each time we have the dependence on oil from foreign of the demand on oil. That has contrib- done it we have had to overcome the countries. uted to helping bring down the price of opposition of our friends on the other So, Mr. Speaker, having said that, let gas at the pump by 5 to 25 cents a gal- side, and although every time we bring me just close by coming back to this lon. up a legitimate piece of legislation very important bill. It is a study. It is Secondly, this House of Representa- that is part of the public business that not necessarily important for many tives has gotten tough on speculators. this Congress must conduct, whether it other parts of the country. But one of The evidence is overwhelming that is a study on the Missisquoi River, an the things that makes this Congress part of the runup in the price of gaso- energy bill or any other bill, every and this country great is mutual re- line when it was heading up to $150 a time we do our friends try to cease the spect. When there is a disaster in the barrel was because of the speculative debate and distort what has happened, Gulf Coast, all States pull together to control and influence of hedge funds in we are prepared, as the gentleman from help out. When there is flooding in the foreign trading operations. We brought Washington knows, we in the Demo- Midwest, all States pull together. to this floor legislation, and just the cratic Party, our leadership is prepared When there is an opportunity for a fact that we did it finally, when it was to bring up yet another comprehensive small State like Vermont to take a ignored and accepted and mollified by energy bill that does include all of the step with Wild and Scenic River study our friends who were in control for 12 above. that will help us and help our citizens years, has helped bring down that spec- The fact is, on our side we have enjoy the beauty of our land, I seek the ulative premium. passed all of the above time and time help of my colleagues to let us accom- There is no justification for any one again, against the opposition of our plish that goal. It is my request and my urging that of our constituents when they pay for a friends on the other side, and then it all Members vote ‘‘yes’’ on the previous gallon of gasoline or a gallon of home has run into a brick wall in the other heating oil or a cubic gallon of natural question and on the rule. body or the steadfast opposition of the The material previously referred to gas to have included in their price a President of the United States. But the by Mr. HASTINGS of Washington is as speculation premium for profiteers, gentleman from Washington is aware follows: and this Congress passed legislation to that the leadership is prepared to bring AMENDMENT TO H. RES. 1419 OFFERED BY MR. challenge that, against the opposition up yet another bill to give us another HASTINGS OF WASHINGTON of our friends on the other side. So we opportunity to do the right thing. At the end of the resolution, add the fol- have taken very specific actions to try Let me say this: I actually think it lowing: to do what we reasonably can do to would be great to work together with SEC. 4. Immediately upon the adoption of bring down the price pressure that is the other side. I come from a State this resolution the House shall, without ripping off the American consuming where we shift majorities back and intervention of any point of order, consider public. forth. Sometimes the Democrats were in the House the bill (H.R. 6566) to bring Second, we have passed energy legis- in control, sometimes the Republican down energy prices by increasing safe, do- lation that is comprehensive, again mestic production, encouraging the develop- were in control. I was the senate presi- ment of alternative and renewable energy, over the opposition of our friends on dent and I was the minority leader. I and promoting conservation. All points of the other side. One of the things we did learned that in order for us ever to get order against the bill are waived. The bill was provided for tax credits for the al- anything done, we had to ultimately shall be considered as read. The previous ternative energy industry. We have to work together. I also came to under- question shall be considered as ordered on do that. That is of urgent, vital eco- stand that neither side had an absolute the bill and any amendment thereto to final nomic and environmental concern to claim that they were the only people passage without intervening motion except: this country. (1) one hour of debate on the bill equally di- who had a good point of view, who had vided and controlled by the majority and mi- We passed legislation that took away an iron grip on truth. nority leader, and (2) an amendment in the the tax breaks that are going to oil I believe that it would be best for all nature of a substitute if offered by the ma- companies. There is no basis whatso- of us if there was some willingness to jority leader or his designee, which shall be ever to ask the taxpayer to pad the try to work on the substance, rather considered as read and shall be separately profits of a mature and profitable in- than just use this as a political foot- debatable for 40 minutes equally divided and dustry. They don’t need it. They are ball, and my observation is that for controlled by the proponent and an oppo- doing quite well without additional whatever reason, it is tough to get to nent; and (3) one motion to recommit with or without instructions. taxpayer money to their bottom line. that point here in the House of Rep- But the new industries, the alter- resentatives in Washington. (The information contained herein was native energies that my friend from Mr. HASTINGS of Washington. Will provided by Democratic Minority on mul- Washington mentioned, wind and solar, the gentleman yield on that point? tiple occasions throughout the 109th Con- geothermal and biomass, they do need Mr. WELCH of Vermont. I wouldn’t gress.) a boost, and historically when we have yield, my friend, because I will be THE VOTE ON THE PREVIOUS QUESTION: WHAT been at our best is when we have had bringing this to a close. IT REALLY MEANS the wisdom to use tax policy in a tar- I want to take the opportunity, as I This vote, the vote on whether to order the geted and focused way to give a boost must, when the assertions are made, previous question on a special rule, is not to these emerging industries and tech- falsely in my view, that the Demo- merely a procedural vote. A vote against or- cratic leadership is standing in the way dering the previous question is a vote nologies that are good for the Amer- against the Democratic majority agenda and ican economy and good for our environ- of energy policy change, that is just a vote to allow the opposition, at least for ment, and that is what we need to do. flat-out wrong. The energy for energy the moment, to offer an alternative plan. It We have passed this in the House sev- reform has come from the leadership is a vote about what the House should be de- eral times. Our friends on the other on the Democratic side. Frankly, it has bating.

VerDate Aug 31 2005 04:34 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.016 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7967 Mr. Clarence Cannon’s Precedents of the AUTHORIZING THE SPEAKER TO Grijalva McGovern Schakowsky House of Representatives (VI, 308–311) de- ENTERTAIN MOTIONS TO SUS- Gutierrez McIntyre Schiff Hall (NY) McNerney Schwartz scribes the vote on the previous question on PEND THE RULES RELATING TO the rule as ‘‘a motion to direct or control the Hare Meek (FL) Scott (GA) Harman Meeks (NY) consideration of the subject before the House HOUSE RESOLUTION 1420 ON LEG- Serrano Hastings (FL) Melancon Sestak being made by the Member in charge.’’ To ISLATIVE DAY OF THURSDAY, SEPTEMBER 11, 2008 Heller Michaud Shays defeat the previous question is to give the Herseth Sandlin Miller (NC) Shea-Porter opposition a chance to decide the subject be- Mr. WELCH of Vermont. Mr. Speak- Higgins Miller, George Sherman fore the House. Cannon cites the Speaker’s er, I ask unanimous consent that the Hinchey Mitchell Shuler ruling of January 13, 1920, to the effect that Hirono Mollohan Sires ‘‘the refusal of the House to sustain the de- Speaker be authorized to entertain mo- Holden Moore (KS) Skelton mand for the previous question passes the tions to suspend the rules relating to Holt Moore (WI) Slaughter Honda Moran (VA) control of the resolution to the opposition’’ House Resolution 1420 on the legisla- Smith (WA) Hooley Murphy (CT) Snyder in order to offer an amendment. On March tive day of Thursday, September 11, Hoyer Murphy, Patrick 15, 1909, a member of the majority party of- Solis 2008. Inslee Murtha Space Israel Nadler fered a rule resolution. The House defeated The SPEAKER pro tempore. Is there Speier Jackson (IL) Napolitano the previous question and a member of the Spratt objection to the request of the gen- Jackson-Lee Neal (MA) opposition rose to a parliamentary inquiry, Stark tleman from Vermont? (TX) Oberstar asking who was entitled to recognition. Stupak Jefferson Obey Speaker Joseph G. Cannon (R-Illinois) said: There was no objection. Sutton Johnson (GA) Olver ‘‘The previous question having been refused, f Johnson, E. B. Ortiz Tanner the gentleman from New York, Mr. Fitz- Kagen Pallone Tauscher gerald, who had asked the gentleman to ANNOUNCEMENT BY THE SPEAKER Kanjorski Pascrell Taylor yield to him for an amendment, is entitled to PRO TEMPORE Kaptur Pastor Thompson (CA) the first recognition.’’ Kildee Payne Thompson (MS) Because the vote today may look bad for The SPEAKER pro tempore. Pursu- Kilpatrick Perlmutter Tierney ant to clause 8 of rule XX, proceedings Kind Pomeroy Towns the Democratic majority they will say ‘‘the Tsongas vote on the previous question is simply a will resume on questions previously Klein (FL) Porter Kucinich Price (NC) Udall (CO) vote on whether to proceed to an immediate postponed. Votes will be taken in the Langevin Rahall Udall (NM) vote on adopting the resolution . . . [and] following order: ordering the previous Larsen (WA) Rangel Van Hollen ´ has no substantive legislative or policy im- question on H. Res. 1419, by the yeas Larson (CT) Reichert Velazquez plications whatsoever.’’ But that is not what Lewis (GA) Reyes Visclosky they have always said. Listen to the defini- and nays; adoption of H. Res. 1419, if or- Lipinski Richardson Walz (MN) tion of the previous question used in the dered; motions to suspend the rules on Loebsack Rodriguez Wasserman Floor Procedures Manual published by the H.R. 1527 and Senate bill 2617, by the Lofgren, Zoe Ros-Lehtinen Schultz Waters Rules Committee in the 109th Congress (page yeas and nays. Lowey Ross Lynch Rothman Watson 56). Here’s how the Rules Committee de- The first electronic vote will be con- Mahoney (FL) Roybal-Allard Watt scribed the rule using information from Con- ducted as a 15-minute vote. Remaining Maloney (NY) Ruppersberger Waxman gressional Quarterly’s ‘‘American Congres- electronic votes will be conducted as 5- Markey Rush Weiner sional Dictionary’’: ‘‘If the previous question Marshall Ryan (OH) Welch (VT) is defeated, control of debate shifts to the minute votes. Matheson Salazar Wexler leading opposition member (usually the mi- f Matsui Sa´ nchez, Linda Wilson (OH) nority Floor Manager) who then manages an McCarthy (NY) T. Woolsey PROVIDING FOR CONSIDERATION McCollum (MN) Sanchez, Loretta Wu hour of debate and may offer a germane McDermott Sarbanes Yarmuth amendment to the pending business.’’ OF H.R. 3667, MISSISQUOI AND Deschler’s Procedure in the U.S. House of TROUT RIVERS WILD AND SCE- NAYS—189 Representatives, the subchapter titled NIC RIVER STUDY ACT OF 2008 ‘‘Amending Special Rules’’ states: ‘‘a refusal Aderholt Diaz-Balart, M. Kingston to order the previous question on such a rule The SPEAKER pro tempore. The un- Akin Donnelly Kirk Alexander Doolittle Kline (MN) [a special rule reported from the Committee finished business is the vote on order- Bachmann Drake Knollenberg on Rules] opens the resolution to amend- ing the previous question on H. Res. Bachus Dreier Kuhl (NY) ment and further debate.’’ (Chapter 21, sec- 1419, on which the yeas and nays were Barrett (SC) Duncan LaHood tion 21.2) Section 21.3 continues: ‘‘Upon re- ordered. Bartlett (MD) Ehlers Lamborn Barton (TX) Emerson Lampson jection of the motion for the previous ques- The Clerk read the title of the resolu- tion on a resolution reported from the Com- Biggert English (PA) Latham mittee on Rules, control shifts to the Mem- tion. Bilbray Everett LaTourette The SPEAKER pro tempore. The Bilirakis Fallin Latta ber leading the opposition to the previous Bishop (UT) Feeney Lewis (CA) question, who may offer a proper amendment question is on ordering the previous Blackburn Flake Lewis (KY) or motion and who controls the time for de- question. Blunt Forbes Linder bate thereon.’’ The vote was taken by electronic de- Boehner Fortenberry LoBiondo Clearly, the vote on the previous question vice, and there were—yeas 224, nays Bonner Fossella Lucas Bono Mack Foxx Lungren, Daniel on a rule does have substantive policy impli- 189, not voting 20, as follows: cations. It is one of the only available tools Boozman Franks (AZ) E. for those who oppose the Democratic major- [Roll No. 576] Boustany Frelinghuysen Mack Brady (TX) Gallegly Manzullo ity’s agenda and allows those with alter- YEAS—224 Broun (GA) Garrett (NJ) Marchant native views the opportunity to offer an al- Abercrombie Capps DeFazio Brown (SC) Gerlach McCarthy (CA) ternative plan. Ackerman Capuano DeGette Brown-Waite, Gilchrest McCaul (TX) Mr. WELCH of Vermont. Mr. Speak- Allen Cardoza Delahunt Ginny Gingrey McCotter Altmire Carnahan DeLauro Buchanan Gohmert McCrery er, my understanding is it is my oppor- Andrews Carney Dicks Burton (IN) Goode McHenry tunity now to yield back the balance of Arcuri Carson Dingell Buyer Goodlatte McHugh my time and move the previous ques- Baca Castor Doggett Calvert Granger McKeon Baldwin Chandler Doyle Camp (MI) Graves McMorris tion. Barrow Clarke Edwards (MD) Campbell (CA) Hall (TX) Rodgers The SPEAKER pro tempore. The Bean Clay Edwards (TX) Cantor Hastings (WA) Mica question is on ordering the previous Becerra Cleaver Ellison Capito Hayes Miller (FL) question. Berkley Clyburn Ellsworth Carter Hensarling Miller (MI) The question was taken; and the Berman Cohen Emanuel Castle Herger Miller, Gary Berry Conyers Engel Chabot Hill Moran (KS) Speaker pro tempore announced that Bishop (GA) Cooper Eshoo Childers Hobson Murphy, Tim the ayes appeared to have it. Bishop (NY) Costa Etheridge Coble Hoekstra Musgrave Mr. HASTINGS of Washington. Mr. Blumenauer Costello Farr Cole (OK) Hunter Myrick Speaker, on that I demand the yeas Boren Courtney Fattah Conaway Inglis (SC) Neugebauer Boswell Cramer Filner Crenshaw Issa Nunes and nays. Boucher Crowley Foster Cubin Johnson (IL) Paul The yeas and nays were ordered. Boyd (FL) Cuellar Frank (MA) Culberson Johnson, Sam Pearce The SPEAKER pro tempore. Pursu- Boyda (KS) Cummings Giffords Davis (KY) Jones (NC) Pence ant to clause 8 of rule XX, further pro- Brady (PA) Davis (AL) Gillibrand Davis, David Jordan Peterson (PA) Braley (IA) Davis (CA) Gonzalez Deal (GA) Keller Petri ceedings on this question will be post- Brown, Corrine Davis (IL) Green, Al Dent King (IA) Pickering poned. Butterfield Davis, Lincoln Green, Gene Diaz-Balart, L. King (NY) Platts

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.002 H10SEPT1 jbell on PROD1PC69 with HOUSE H7968 CONGRESSIONAL RECORD — HOUSE September 10, 2008 Poe Saxton Tiberi Lowey Pascrell Solis Weldon (FL) Wilson (NM) Young (AK) Price (GA) Scalise Turner Lynch Pastor Space Weller Wilson (SC) Young (FL) Pryce (OH) Schmidt Upton Mahoney (FL) Payne Speier Westmoreland Wittman (VA) Putnam Sessions Walberg Maloney (NY) Perlmutter Spratt Whitfield (KY) Wolf Radanovich Shadegg Walden (OR) Markey Pomeroy Stark NOT VOTING—20 Regula Shimkus Walsh (NY) Marshall Price (NC) Stupak Rehberg Shuster Wamp Matheson Rahall Sutton Baird Hulshof Peterson (PA) Renzi Simpson Weldon (FL) Matsui Rangel Tanner Burgess Hunter Pitts Reynolds Smith (NE) Weller McCarthy (NY) Reyes Tauscher Cannon Kennedy Ramstad Rogers (AL) Smith (NJ) Westmoreland McCollum (MN) Richardson Taylor Cazayoux Lee Scott (VA) Rogers (KY) Smith (TX) Whitfield (KY) McDermott Rodriguez Gordon Levin Thompson (CA) Sensenbrenner Rogers (MI) Souder Wilson (NM) McGovern Ross Hinojosa McNulty Thompson (MS) Thornberry Rohrabacher Stearns Wilson (SC) McIntyre Rothman Hodes Peterson (MN) Roskam Sullivan Wittman (VA) McNerney Roybal-Allard Tierney Royce Tancredo Wolf Meek (FL) Ruppersberger Towns ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ryan (WI) Terry Young (AK) Meeks (NY) Rush Tsongas The SPEAKER pro tempore (during Udall (CO) Sali Tiahrt Young (FL) Melancon Ryan (OH) the vote). There are 2 minutes remain- Michaud Salazar Udall (NM) NOT VOTING—20 Miller (NC) Sa´ nchez, Linda Van Hollen ing in this vote. Baird Hinojosa Peterson (MN) Miller, George T. Vela´ zquez Burgess Hodes Pitts Mitchell Sanchez, Loretta Visclosky b 1335 Cannon Hulshof Ramstad Mollohan Sarbanes Walz (MN) Mr. WELLER of Illinois changed his Cazayoux Kennedy Scott (VA) Moore (KS) Schakowsky Wasserman Davis, Tom Lee Sensenbrenner Moore (WI) Schiff Schultz vote from ‘‘yea’’ to ‘‘nay.’’ Ferguson Levin Thornberry Moran (VA) Schwartz Waters Mr. KIRK changed his vote from Gordon McNulty Murphy (CT) Scott (GA) Watson ‘‘nay’’ to ‘‘yea.’’ Murphy, Patrick Serrano Watt Murtha So the resolution was agreed to. Sestak Waxman b 1325 Nadler Shea-Porter Weiner The result of the vote was announced Napolitano Sherman Welch (VT) as above recorded. Messrs. KINGSTON, WITTMAN of Neal (MA) Shuler Virginia, HALL of Texas, and EHLERS Oberstar Sires Wexler A motion to reconsider was laid on changed their vote from ‘‘yea’’ to Obey Skelton Wilson (OH) the table. Woolsey ‘‘nay.’’ Olver Slaughter Ortiz Smith (WA) Wu f So the previous question was ordered. Pallone Snyder Yarmuth The result of the vote was announced PERSONAL EXPLANATION as above recorded. NAYS—190 Mr. HINOJOSA. Mr. Speaker, on rollcall The SPEAKER pro tempore. The Aderholt Fortenberry Mica Nos. 577 and 576, had I been present, I would question is on the resolution. Akin Fossella Miller (FL) have voted ‘‘yea’’ on 577 and ‘‘yea’’ on 576. The question was taken; and the Alexander Foxx Miller (MI) Bachmann Franks (AZ) Miller, Gary f Speaker pro tempore announced that Bachus Frelinghuysen Moran (KS) the ayes appeared to have it. Barrett (SC) Gallegly Murphy, Tim RURAL VETERANS ACCESS TO Mr. HASTINGS of Washington. Mr. Bartlett (MD) Garrett (NJ) Musgrave Barton (TX) Gerlach Myrick CARE ACT Speaker, on that I demand the yeas Biggert Gilchrest Neugebauer The SPEAKER pro tempore. The un- and nays. Bilbray Gingrey Nunes The yeas and nays were ordered. Bilirakis Gohmert Paul finished business is the vote on the mo- Bishop (UT) Goode Pearce tion to suspend the rules and pass the The SPEAKER pro tempore. This Blackburn Goodlatte Pence will be a 5-minute vote. bill, H.R. 1527, as amended, on which Blunt Granger Petri the yeas and nays were ordered. The vote was taken by electronic de- Boehner Graves Pickering vice, and there were—yeas 223, nays Bonner Hall (TX) Platts The Clerk read the title of the bill. Bono Mack Hastings (WA) Poe 190, not voting 20, as follows: The SPEAKER pro tempore. The Boozman Hayes Porter question is on the motion offered by [Roll No. 577] Boustany Heller Price (GA) Brady (TX) Hensarling Pryce (OH) the gentleman from California (Mr. YEAS—223 Broun (GA) Herger Putnam FILNER) that the House suspend the Abercrombie Conyers Grijalva Brown (SC) Hill Radanovich rules and pass the bill, H.R. 1527, as Ackerman Cooper Gutierrez Brown-Waite, Hobson Regula Allen Costa Hall (NY) Ginny Hoekstra Rehberg amended. Altmire Costello Hare Buchanan Inglis (SC) Reichert This is a 5-minute vote. Andrews Courtney Harman Burton (IN) Issa Renzi The vote was taken by electronic de- Arcuri Cramer Hastings (FL) Buyer Johnson (IL) Reynolds vice, and there were—yeas 417, nays 0, Baca Crowley Herseth Sandlin Calvert Johnson, Sam Rogers (AL) Baldwin Cuellar Higgins Camp (MI) Jones (NC) Rogers (KY) not voting 16, as follows: Barrow Cummings Hinchey Campbell (CA) Jordan Rogers (MI) [Roll No. 578] Bean Davis (AL) Hirono Cantor Keller Rohrabacher Becerra Davis (CA) Holden Capito King (IA) Ros-Lehtinen YEAS—417 Berkley Davis (IL) Holt Carter King (NY) Roskam Abercrombie Blunt Capps Berman Davis, Lincoln Honda Castle Kingston Royce Ackerman Boehner Capuano Berry DeFazio Hooley Chabot Kline (MN) Ryan (WI) Aderholt Bonner Cardoza Bishop (GA) DeGette Hoyer Coble Knollenberg Sali Akin Bono Mack Carnahan Bishop (NY) Delahunt Inslee Cole (OK) Kuhl (NY) Saxton Alexander Boozman Carney Blumenauer DeLauro Israel Conaway LaHood Scalise Allen Boren Carson Boren Dicks Jackson (IL) Crenshaw Lamborn Schmidt Altmire Boswell Carter Boswell Dingell Jackson-Lee Cubin Latham Sessions Andrews Boucher Castle Boucher Doggett (TX) Culberson LaTourette Shadegg Arcuri Boustany Castor Boyd (FL) Donnelly Jefferson Davis (KY) Latta Shays Baca Boyd (FL) Chabot Boyda (KS) Doyle Johnson (GA) Davis, David Lewis (CA) Shimkus Bachmann Boyda (KS) Chandler Brady (PA) Edwards (MD) Johnson, E. B. Davis, Tom Lewis (KY) Shuster Bachus Brady (PA) Childers Braley (IA) Edwards (TX) Kagen Deal (GA) Linder Simpson Baldwin Brady (TX) Clarke Brown, Corrine Ellison Kanjorski Dent LoBiondo Smith (NE) Barrett (SC) Braley (IA) Clay Butterfield Ellsworth Kaptur Diaz-Balart, L. Lucas Smith (NJ) Barrow Broun (GA) Cleaver Capps Emanuel Kildee Diaz-Balart, M. Lungren, Daniel Smith (TX) Bartlett (MD) Brown (SC) Clyburn Capuano Engel Kilpatrick Doolittle E. Souder Barton (TX) Brown, Corrine Coble Cardoza Eshoo Kind Drake Mack Stearns Bean Brown-Waite, Cohen Carnahan Etheridge Kirk Dreier Manzullo Sullivan Becerra Ginny Cole (OK) Carney Farr Klein (FL) Duncan Marchant Tancredo Berkley Buchanan Conaway Carson Fattah Kucinich Ehlers McCarthy (CA) Terry Berman Burgess Conyers Castor Filner Lampson Emerson McCaul (TX) Tiahrt Berry Burton (IN) Cooper Chandler Foster Langevin English (PA) McCotter Tiberi Biggert Butterfield Costa Childers Frank (MA) Larsen (WA) Everett McCrery Turner Bilbray Buyer Costello Clarke Giffords Larson (CT) Fallin McHenry Upton Bilirakis Calvert Courtney Clay Gillibrand Lewis (GA) Feeney McHugh Walberg Bishop (GA) Camp (MI) Cramer Cleaver Gonzalez Lipinski Ferguson McKeon Walden (OR) Bishop (NY) Campbell (CA) Crenshaw Clyburn Green, Al Loebsack Flake McMorris Walsh (NY) Bishop (UT) Cantor Crowley Cohen Green, Gene Lofgren, Zoe Forbes Rodgers Wamp Blumenauer Capito Cubin

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.003 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7969 Cuellar Jackson-Lee Oberstar Tiberi Walsh (NY) Westmoreland Burton (IN) Gonzalez McCollum (MN) Culberson (TX) Obey Tierney Walz (MN) Wexler Butterfield Goode McCotter Cummings Jefferson Olver Towns Wamp Whitfield (KY) Buyer Goodlatte McCrery Davis (AL) Johnson (GA) Ortiz Tsongas Wasserman Wilson (NM) Calvert Gordon McDermott Davis (CA) Johnson (IL) Pallone Turner Schultz Wilson (OH) Camp (MI) Granger McGovern Davis (IL) Johnson, E. B. Pascrell Udall (CO) Waters Wilson (SC) Campbell (CA) Graves McHenry Davis (KY) Johnson, Sam Pastor Udall (NM) Watson Wittman (VA) Cantor Green, Al McHugh Davis, David Jones (NC) Paul Upton Watt Wolf Capito Green, Gene McIntyre Davis, Lincoln Jordan Payne Van Hollen Waxman Woolsey Capps Grijalva McKeon Davis, Tom Kagen Pearce Vela´ zquez Weiner Wu Capuano Gutierrez McMorris Deal (GA) Kanjorski Pence Visclosky Welch (VT) Yarmuth Cardoza Hall (NY) Rodgers DeFazio Kaptur Perlmutter Walberg Weldon (FL) Young (AK) Carnahan Hall (TX) McNerney DeGette Keller Peterson (PA) Walden (OR) Weller Young (FL) Carney Hare Meek (FL) Delahunt Kennedy Petri NOT VOTING—16 Carson Harman Meeks (NY) DeLauro Kildee Pickering Carter Hastings (FL) Mica Dent Kilpatrick Platts Baird Hulshof Pitts Castle Hastings (WA) Michaud Diaz-Balart, L. Kind Poe Blackburn Hunter Scott (VA) Castor Hayes Miller (FL) Diaz-Balart, M. King (IA) Pomeroy Cannon Lee Sensenbrenner Chabot Heller Miller (MI) Dicks King (NY) Porter Cazayoux Levin Thornberry Chandler Hensarling Miller (NC) Dingell Kingston Price (GA) Emerson McNulty Childers Herger Miller, Gary Doggett Kirk Price (NC) Hodes Peterson (MN) Clarke Herseth Sandlin Miller, George Donnelly Klein (FL) Pryce (OH) Clay Higgins Mitchell Doolittle Kline (MN) Putnam b 1343 Cleaver Hill Mollohan Doyle Knollenberg Radanovich Clyburn Hinchey Moore (KS) Drake Kucinich Rahall So (two-thirds being in the affirma- Coble Hinojosa Moore (WI) Dreier Kuhl (NY) Ramstad tive) the rules were suspended and the Cohen Hirono Moran (KS) Duncan LaHood Rangel bill, as amended, was passed. Cole (OK) Hobson Moran (VA) Edwards (MD) Lamborn Regula The result of the vote was announced Conaway Hoekstra Murphy (CT) Edwards (TX) Lampson Rehberg Conyers Holden Murphy, Patrick Ehlers Langevin Reichert as above recorded. Cooper Holt Murphy, Tim Ellison Larsen (WA) Renzi The title was amended so as to read: Costa Honda Murtha Ellsworth Larson (CT) Reyes ‘‘A bill to amend title 38, United States Costello Hooley Musgrave Emanuel Latham Reynolds Code, to direct the Secretary of Vet- Courtney Hoyer Myrick Engel LaTourette Richardson Cramer Hunter Nadler English (PA) Latta Rodriguez erans Affairs to conduct a pilot pro- Crenshaw Inglis (SC) Napolitano Eshoo Lewis (CA) Rogers (AL) gram to permit certain highly rural Crowley Inslee Neal (MA) Etheridge Lewis (GA) Rogers (KY) veterans enrolled in the health system Cubin Israel Neugebauer Everett Lewis (KY) Rogers (MI) Cuellar Issa Nunes Fallin Linder Rohrabacher of the Department of Veterans Affairs Culberson Jackson (IL) Oberstar Farr Lipinski Ros-Lehtinen to receive covered health services Cummings Jackson-Lee Obey Fattah LoBiondo Roskam through providers other than those of Davis (AL) (TX) Olver Feeney Loebsack Ross the Department.’’. Davis (CA) Jefferson Ortiz Ferguson Lofgren, Zoe Rothman Davis (IL) Johnson (GA) Pallone Filner Lowey Roybal-Allard A motion to reconsider was laid on Davis (KY) Johnson (IL) Pascrell Flake Lucas Royce the table. Davis, David Johnson, E. B. Pastor Forbes Lungren, Daniel Ruppersberger Stated for: Davis, Lincoln Johnson, Sam Paul Fortenberry E. Rush Mrs. EMERSON. Mr. Speaker, on rollcall Davis, Tom Jones (NC) Payne Fossella Lynch Ryan (OH) Deal (GA) Jordan Pearce Foster Mack Ryan (WI) No. 578, I was unavoidably detained. Had I DeFazio Kagen Pence Foxx Mahoney (FL) Salazar been present, I would have voted ‘‘yea.’’ DeGette Kanjorski Perlmutter Frank (MA) Maloney (NY) Sali Delahunt Kaptur Peterson (PA) Franks (AZ) Manzullo Sa´ nchez, Linda f DeLauro Keller Petri Frelinghuysen Marchant T. Dent Kennedy Pickering Gallegly Markey Sanchez, Loretta VETERANS’ COMPENSATION COST- Diaz-Balart, L. Kildee Platts Garrett (NJ) Marshall Sarbanes OF-LIVING ADJUSTMENT ACT OF Diaz-Balart, M. Kilpatrick Poe Gerlach Matheson Saxton 2008 Dicks Kind Pomeroy Giffords Matsui Scalise Dingell King (IA) Porter Gilchrest McCarthy (CA) Schakowsky The SPEAKER pro tempore (Mr. Doggett King (NY) Price (GA) Gillibrand McCarthy (NY) Schiff ALTMIRE). The unfinished business is Donnelly Kingston Price (NC) Gingrey McCaul (TX) Schmidt Doolittle Kirk Pryce (OH) Gohmert McCollum (MN) Schwartz the vote on the motion to suspend the Doyle Klein (FL) Putnam Gonzalez McCotter Scott (GA) rules and pass the Senate bill, S. 2617, Drake Kline (MN) Radanovich Goode McCrery Serrano on which the yeas and nays were or- Dreier Knollenberg Rahall Goodlatte McDermott Sessions Duncan Kucinich Ramstad Gordon McGovern Sestak dered. Edwards (MD) Kuhl (NY) Rangel Granger McHenry Shadegg The Clerk read the title of the Senate Edwards (TX) LaHood Regula Graves McHugh Shays bill. Ehlers Lamborn Rehberg Green, Al McIntyre Shea-Porter The SPEAKER pro tempore. The Ellison Lampson Reichert Green, Gene McKeon Sherman Ellsworth Langevin Renzi Grijalva McMorris Shimkus question is on the motion offered by Emanuel Larsen (WA) Reyes Gutierrez Rodgers Shuler the gentleman from California (Mr. Emerson Larson (CT) Reynolds Hall (NY) McNerney Shuster FILNER) that the House suspend the Engel Latham Richardson Hall (TX) Meek (FL) Simpson English (PA) LaTourette Rodriguez Hare Meeks (NY) Sires rules and pass the Senate bill, S. 2617. Eshoo Latta Rogers (AL) Harman Melancon Skelton This is a 5-minute vote. Etheridge Lewis (CA) Rogers (KY) Hastings (FL) Mica Slaughter The vote was taken by electronic de- Everett Lewis (GA) Rogers (MI) Hastings (WA) Michaud Smith (NE) vice, and there were—yeas 418, nays 0, Fallin Lewis (KY) Rohrabacher Hayes Miller (FL) Smith (NJ) Farr Linder Ros-Lehtinen Heller Miller (MI) Smith (TX) not voting 15, as follows: Fattah Lipinski Roskam Hensarling Miller (NC) Smith (WA) [Roll No. 579] Feeney LoBiondo Ross Herger Miller, Gary Snyder Ferguson Loebsack Rothman Herseth Sandlin Miller, George Solis YEAS—418 Filner Lofgren, Zoe Roybal-Allard Higgins Mitchell Souder Abercrombie Bean Boozman Flake Lowey Royce Hill Mollohan Space Ackerman Becerra Boren Forbes Lucas Ruppersberger Hinchey Moore (KS) Speier Aderholt Berkley Boswell Fortenberry Lungren, Daniel Rush Hinojosa Moore (WI) Spratt Akin Berman Boucher Fossella E. Ryan (OH) Hirono Moran (KS) Stark Alexander Berry Boustany Foster Lynch Ryan (WI) Hobson Moran (VA) Stearns Allen Biggert Boyd (FL) Foxx Mack Salazar Hoekstra Murphy (CT) Stupak Altmire Bilbray Boyda (KS) Frank (MA) Mahoney (FL) Sali Holden Murphy, Patrick Sullivan Andrews Bilirakis Brady (PA) Franks (AZ) Maloney (NY) Sa´ nchez, Linda Holt Murphy, Tim Sutton Arcuri Bishop (GA) Brady (TX) Frelinghuysen Manzullo T. Honda Murtha Tancredo Baca Bishop (NY) Braley (IA) Gallegly Marchant Sanchez, Loretta Hooley Musgrave Tanner Bachmann Bishop (UT) Broun (GA) Garrett (NJ) Markey Sarbanes Hoyer Myrick Tauscher Bachus Blackburn Brown (SC) Gerlach Marshall Saxton Inglis (SC) Nadler Taylor Baldwin Blumenauer Brown, Corrine Giffords Matheson Scalise Inslee Napolitano Terry Barrett (SC) Blunt Brown-Waite, Gilchrest Matsui Schakowsky Israel Neal (MA) Thompson (CA) Barrow Boehner Ginny Gillibrand McCarthy (CA) Schiff Issa Neugebauer Thompson (MS) Bartlett (MD) Bonner Buchanan Gingrey McCarthy (NY) Schmidt Jackson (IL) Nunes Tiahrt Barton (TX) Bono Mack Burgess Gohmert McCaul (TX) Schwartz

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.006 H10SEPT1 jbell on PROD1PC69 with HOUSE H7970 CONGRESSIONAL RECORD — HOUSE September 10, 2008 Scott (GA) Stearns Walz (MN) b 1354 white-tailed deer, and moose can some- Serrano Stupak Wamp times be spotted, and the surrounding Sessions Sullivan Wasserman IN THE COMMITTEE OF THE WHOLE Sestak Sutton Schultz Accordingly, the House resolved marshes host large flocks of migratory Shadegg Tancredo Waters itself into the Committee of the Whole birds. Shays Tanner Watson In addition to these natural quali- Shea-Porter Tauscher House on the State of the Union for the Watt ties, there are numerous Abenaki In- Sherman Taylor Waxman consideration of the bill (H.R. 3667) to Shimkus Terry dian archeological sites along the Weiner amend the Wild and Scenic Rivers Act Shuler Thompson (CA) Welch (VT) to designate a segment of the floodplain. Shuster Thompson (MS) And the river is well-known for its Simpson Tiahrt Weldon (FL) Missisquoi and Trout Rivers in the Sires Tiberi Westmoreland outstanding recreational opportunities Wexler State of Vermont for study for poten- Skelton Tierney tial addition to the National Wild and as well. It is part of the Northern For- Slaughter Towns Whitfield (KY) est Canoe Trail—a historic 740-mile Smith (NE) Tsongas Wilson (NM) Scenic Rivers System, with Mr. Smith (NJ) Turner Wilson (OH) SALAZAR in the chair. water trail through New York, Smith (TX) Udall (CO) Wilson (SC) The Clerk read the title of the bill. Vermont, Quebec, New Hampshire, and Smith (WA) Udall (NM) Wittman (VA) The CHAIRMAN. Pursuant to the Maine—and outfitters consider the Snyder Upton Wolf northern part of the river to be the pre- Solis Van Hollen Woolsey rule, the bill is considered read the Souder Vela´ zquez Wu first time. eminent flat-water paddling spot in Space Visclosky Yarmuth The gentleman from Arizona (Mr. Vermont. Speier Walberg Young (AK) GRIJALVA) and the gentleman from It is also renowned for its waterfalls, Spratt Walden (OR) Young (FL) Stark Walsh (NY) Utah (Mr. BISHOP) each will control 30 and the Great Falls on the upper river minutes. is recognized as Vermont’s largest NOT VOTING—15 The Chair recognizes the gentleman undammed waterfall. Baird Lee Pitts from Arizona. Simply put, this river is a superb il- Cannon Levin Scott (VA) Cazayoux McNulty Sensenbrenner Mr. GRIJALVA. Mr. Chairman, I lustration of Vermont’s postcard per- Hodes Melancon Thornberry yield myself as much time as I may fect national scenery. Hulshof Peterson (MN) Weller consume. During a hearing on this bill, the ad- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE H.R. 3667, the Missisquoi and Trout ministration testified in support of the The SPEAKER pro tempore (during Rivers Wild and Scenic River Study bill, but recommended that changes be the vote). There are 2 minutes remain- Act, was introduced by our colleague made to clearly specify which seg- ing in the vote. from Vermont, Representative WELCH. ments should be included in the study, This bill would amend the Wild and as not all of the sections of the river in b 1352 Scenic Rivers Act to authorize the Na- the original bill were appropriate for So (two-thirds being in the affirma- tional Park Service to study specific consideration. They recommended tive) the rules were suspended and the sections of the Missisquoi and Trout other technical changes as well. Senate bill was passed. Rivers in Vermont for their potential The Natural Resources Committee The result of the vote was announced inclusion into the National Wild and amended the bill to respond to those as above recorded. Scenic Rivers System. recommendations and clarified which A motion to reconsider was laid on I want to thank our colleague from sections of the river would be studied the table. Vermont, Congressman WELCH, for his for the wild and scenic attributes. hard work on this measure. This is a Mr. Chairman, H.R. 3667 simply au- f good piece of legislation, which will thorizes a study of this river. It is a help showcase the natural heritage of REMOVAL OF NAME OF MEMBER preliminary step, not a final designa- Vermont. AS COSPONSOR OF H.R. 5977 tion. We are coming upon the 40th anniver- Its enactment would simply trigger a Mr. DEFAZIO. Mr. Speaker, DUNCAN sary of the Wild and Scenic Rivers Act process which will allow the National HUNTER was mistakenly added to the in October. It’s important to celebrate Park Service the opportunity to gather list of cosponsors on H.R. 5977. I ask the legacy of this act, the preservation information from, listen to, and coordi- unanimous consent to have his name of some of our wildest rivers and the nate with State officials and local com- removed. safeguarding of our scenic waterways munities; with farmers, business own- The SPEAKER pro tempore. Is there for generations to come, and to ac- ers, and river outfitters; and with hunt- objection to the request of the gen- knowledge the essential role that stew- ers, anglers, birders, paddlers, and tleman from Oregon? ardship and a conservation ethic play hikers—all those who value this river. There was no objection. in the management of our Nation’s riv- Only then, after careful consideration f ers and streams. and with input from all the stake- The Missisquoi is a tributary of Lake holders, will the National Park Service GENERAL LEAVE Champlain, located in northern provide recommendations to Congress Mr. GRIJALVA. Mr. Speaker, I ask Vermont. The Trout is a tributary of about the potential of this river. unanimous consent that all Members the Missisquoi. With its headwaters in That is all the legislation does. It is may have 5 legislative days in which to Lowell, Vermont, the Missisquoi ex- that simple. Let’s not lose sight of revise and extend their remarks and in- tends almost 100 miles, flowing north what this bill is about. clude extraneous material regarding into Quebec, then returning to I urge my colleagues to support H.R. H.R. 3667. Vermont to flow west before finally 3667. The SPEAKER pro tempore. Is there ending its journey at Lake Champlain. I reserve the balance of my time. As it runs its course through open objection to the request of the gen- pastoral fields, scenic gorges and na- b 1400 tleman from Arizona? tive hardwood forests, the river is a re- Mr. BISHOP of Utah. Mr. Chairman, There was no objection. markable example of a northeastern I yield myself such time as I may con- f ecosystem. It is bordered by the largest sume, and it will be quite awhile. and perhaps highest quality silver Well, Mr. Chairman, here we are in a MISSISQUOI AND TROUT RIVERS maple floodplain forest remaining in 15-day session. We’re now one-fifth of WILD AND SCENIC RIVER STUDY the State of Vermont. American elm, the way through our final session be- ACT OF 2008 white ash, white oak, and red maple fore we end. The Democrat leaders, The SPEAKER pro tempore. Pursu- are found along its banks. who have set the agenda and run this ant to House Resolution 1419 and rule The river is home to diverse fish and floor for almost 2 years now, have had XVIII, the Chair declares the House in wildlife, including native rainbow and 5 weeks in preparation for this day. So the Committee of the Whole House on brown trout, rare freshwater mussels, the first issue of significance, the only the State of the Union for the consider- spiny soft-shell turtles and river otter. issue we may have this week that has ation of the bill, H.R. 3667. While on the river’s banks, bobcat, a rule, the most significant piece of

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.008 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7971 legislation we’re talking about today is For 2 years Speaker PELOSI has been surgery room, is it logical that I would a study that, if passed, may perhaps the one who was to set the agenda for look up at the assembled doctors and someday, if conditions allow and the our discussions here on the floor. One nurses and say, ‘‘Look, when you open elements are conducive, possibly create of those issues that I think people me up, I don’t really care what you do a compromise that would might pos- would like us to talk about is obvi- inside just as long as you do it together sibly pass an additional 70 miles being ously energy. We have been talking in harmony, in a bipartisan way’’? Or added to the inventory of the national about that for a long time. When this would it be much more logical for me government, and only costing the tax- new leadership took over the House, on to say, ‘‘Ladies and gentlemen, when payers $300,000 to do it. That’s what day one, when the energy prices start- you open me up, solve the problem’’? we’re doing today. ed to climb and it was $2.22, the topic And that is, indeed, what the American I would like to make a couple of of discussion we had on this floor was people are looking at us to do here points about this particular bill, not congratulating the University of Cali- today is not necessarily find out how necessarily in opposition to it. But one fornia-Santa Barbara soccer team. many bills we can pass on suspension, point that is significant; we talk a When energy reached $4 at the pump, I how much comity we can have, but great deal in government about trans- was here to spend a rollicking hour and how we can solve the problem. parency. It’s important to government a half talking about monkey bites. And To simply pass a political statement to be transparent. It’s good to be trans- today, after our 5-week adjournment, does not make a difference to individ- parent—until it deals with how we after people have been talking to us, uals. We are supposed to be here to try treat people. after our constituents have said what and solve the problem. And it is very One of the things that the Repub- clear that the problem has to be some lican Party has tried to do on almost is affecting them, after 5 weeks of prep- way in which we have an overarching, every bill that has come either to com- aration, what we are proposing to talk comprehensive energy proposal. That is mittee or to the floor that deals with a about today as the significant issue on the problem that we’re facing. We need trail, a heritage area, an historic area the agenda is to study two rivers in to come to this floor and actually en- or a scenic river is to ensure that the Vermont. The only bill we will have courage people to conserve, not by people who will be involved in that with a rule, to study two rivers in mandating conservation efforts, but by area are informed up front about what Vermont. rewarding Americans for conservation may or may not happen to them. Be- And I hate to say this; I’m not op- cause once we go to the next step and posed to it. There’s no reason to be. It’s efforts and they will take it from actually create this wild and scenic fine. The bill is a nice bill. It can be there. We must come to the floor and fi- river, the Federal Government is improved significantly, but there’s nally realize that our problem is supply given—not in this bill, but is given in nothing wrong with it. The question is, and demand, and that we have to in- the existing powers they have—the why are we here talking about that crease production of that supply, that right of condemnation of any of that after 5 weeks of getting prepared to we do not have a logical pattern of land that will be in that area. They talk about significant issues? have almost unlimited rights of ease- I had a couple of my constituents funding alternative energy sources. ment. They always have the ability of come to me. They said what they want- But if we could actually increase the dealing with local officials to create ed to see Congress do is something in a amount of oil and coal and oil shale zoning ordinances that have a huge im- bipartisan way; that we should come and natural gas, that we could use the pact on the people in those areas. back here and show that we can work royalties this government would then Almost always these studies are done together. Indeed, the Senators have al- create to actually fund a comprehen- with small groups. And then citizens ready told us that there is only a bipar- sive energy program for alternative en- will come back to us afterwards and tisan energy plan of theirs, that’s the ergies—for solar, for wind power, for say we were unaware of what was actu- only thing that can be passed, there- anything else that happens to be ally happening at this time. The dairy fore, we should come together and sup- there—if we simply decided to use an farmers along this river—who may or port what they are trying to do in the ‘‘all of the above’’ approach. We can may not need protection and may or spirit of bipartisanship, not only be- solve our problem in the emergency, may not be happy and satisfied with tween two political parties, but be- for the beginning, for the present time, what will result to them—may or may tween two branches of Congress. I am as well as coming up with a long-term not have any idea what will happen as sure maybe someday this week we strategy for the future that actually they go through this study. might even have another energy bill would be funded. The first year I was here in Congress proposed for discussion on this floor, We could finally realize that this I passed a wilderness bill. I made sure and I’m sure somebody will say this is country does not have an infrastruc- that I went to every single property the only thing we can pass; let us now ture that will allow energy to be moved owner in that area that would be im- embrace this in a spirit of bipartisan- from one part of the country to the pacted by that wilderness bill, even the ship so that we can show that we can other. There are good friends in New guy who was dead and had no heirs, work together. England who will face high costs of which was a neat trick. But we went to Sometimes I have the feeling that we heating their homes this fall. We have every one of them to make sure they on this floor believe that if we toast a good pipeline that goes, but it stops were well aware in advance of what was one another or we slap one another on before it ever gets to their part of the to take place. And yet when we tried to the back or we have congratulatory country. add an amendment, both in committee comity, that that, indeed, is the end of We need to solve those problems. We and once again before the Rules Com- the discussion; that is the goal, not the need to make sure we have more refin- mittee, to make sure that everyone means to reach some kind of discus- eries. We need to make sure we do who may be impacted by this new des- sion; when the end should be, have we something on the electric grid. And we ignation and this study was made solved the problem? are not. That is the solution to the aware and they had to respond affirma- We have now had eight votes over 3 problem for the American people. tively that they wished to be part of days on this floor, each of them getting We need to finally realize that the fu- the study, it was again rejected. around 400 plus votes. That is biparti- ture of this country is not going to be Why do we not treat Americans with sanship, that is comity, that is coming solved by bringing experts into Wash- respect? We will pass these types of together. But have we solved what the ington to sit around a room and come provisions to empower government, but needs of the American people are? up with an idea, but the ability of we will not ask the citizens who will be Those eight votes, we’ve named three America to solve its problem rests with impacted by our decisions to be part of post offices, we said we’re against hun- the people out there. Because within this particular process. It’s something ger and we’re for the Red Cross. That’s the American people, without their that used to be standard language that good. But that does not solve the prob- soul and heart, is the ability and the we would add to these types of provi- lems plaguing Americans. creativity to come up with real solu- sions, and it should be added again. If I was to go to a hospital and I was tions if we just empower them to find That’s a flaw. on the gurney being rushed into the those solutions and then reward them

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.028 H10SEPT1 jbell on PROD1PC69 with HOUSE H7972 CONGRESSIONAL RECORD — HOUSE September 10, 2008 for the creativity that they can ex- And it is considerable work. We have time to do those things that are going pound. to unravel 8 years of failed energy poli- to allow us in Utah, in Arkansas, in Ar- We need to realize that the solution cies. We have to unravel the relation- izona and in Vermont to save our riv- to our problem is that the next time we ship between Big Oil and the adminis- ers and to do what is going to preserve lose 84,000 jobs it is not exacerbated by tration so that the consumer, the aver- our country and leave behind legacies the lack of energy; that the next time age Joe out there, will get the kind of like President Teddy Roosevelt did an airline doesn’t have enough energy break and attention that he needs and with the National Park Service that we to run 100 planes, they don’t have to she needs with regard to energy costs revere and enjoy, then we don’t deserve fire 1,100 people because of it; that the and the rising cost all around us. the vote of confidence that we get from cab driver in Washington, D.C. who Having said that, let me now turn to the folks who send us here. We can do now drives 2 hours extra every day be- the sponsor of this good piece of legis- both. cause he needs that to provide enough lation, the gentleman from Vermont, Now my friend from Utah has essen- funds for the new energy he has to pro- Congressman WELCH, for as much time tially made an argument that there is vide could actually be back at home as he may consume. more important business to be done, as meeting his kids after school the way Mr. WELCH of Vermont. Thank you, if that suggests we don’t have time to he used to; or that we provide enough Mr. Chairman. I very much appreciate do other important business about pro- energy in here so the father in Virginia the excellent work you did and your el- tecting and preserving our environ- can finally go with his son to a father oquent description of a beautiful river. ment and having mutual respect for and son outing; or the family in Mary- If I have any say about it, we’re going the particular concerns, in this case, of land can finally have enough energy so to make you an honorary Vermonter Vermont. they can re-enroll their daughters in and bring you down that river and b 1415 dance and gymnastics; so that school make you paddle your way from one kids in the middle of this country can end to the other and have you see for But it’s that same comity that has finally make it to field trips this year; yourself how beautiful what you de- allowed us to come forward and step up or the teachers in our districts scribed really is. Thank you. as Vermonters and Arizonans to help throughout this country will not find I want to respond to some of the the folks in the Midwest from their their salaries to be depressed or in comments. flood and to respond to the gulf coast some cases slashed because of unusual Mr. Chairman, my opinion is that with the damage that they sustained. and unexpected energy costs in their one of the greatest Presidents of the It’s political. That’s what we know. districts; so that home heating oil will United States was Theodore Roosevelt. The reality is our friends on the not drive people out of existence; so He came to the Presidency when his other side had 12 years in control here the farmer in the field will have predecessor was assassinated. It was a and their energy policy was one thing: enough energy to put in diesel in his time of great turmoil, social and labor give tax breaks to oil companies. You tractors to produce the food so that unrest, a need for corporate reform, can’t make that up. Oil companies are truckers will have enough energy to trust busting. President Roosevelt had doing well. I don’t begrudge them their drive them to market so that the his hands full taking on those eco- profits. But why do you reach into the prices of food that we have to pick up nomic challenges. taxpayers’ pocket and ask taxpayers to at those markets will not be spiraling He was a war President. The skir- give the most profitable corporations this winter and this next year. And all mish in Cuba and the Philippines were in the world, running a mature indus- of those is what we should be talking still very much alive, and he had to try, doing well, why do we ask the tax- about. deal with that as President. Very seri- payers to give them $13 billion? When The river is nice; it’s okay. The study ous issues with the Supreme Court. you reveal that fact, they don’t even is okay. But it is not where we should And in the midst of all of that he still know how to respond because you can’t be at this particular time because it found time to be a peacemaker and was make that kind of stuff up. doesn’t solve the problem. the winner of the Nobel Prize for the So this House of Representatives, There are a lot of rich people in this work that he did in bringing together under the leadership that now is being body. For them, this energy crisis is an the Soviet and Japanese conflict and castigated for a failure of leadership, annoyance. But for those people on helping those folks resolve the end of has repeatedly passed legislation fixed incomes, those people at the bot- that war. against the objections, almost unani- tom of the scale, those people in the But Theodore Roosevelt was also a mous, of our friends on the other side, middle class, we’re not talking to them person who respected and did more, to stop filling up the Strategic Petro- about energy policy. We’re talking perhaps, than anyone else to protect leum Reserve, to squeeze out the specu- about the way they cook their food, our environment. And amidst his re- lative premium in the price of a gallon the way they heat their homes, wheth- sponsibilities, where he had to simulta- of gas at the pump. That can provide er they have a job or not. some short-term relief. We did that. We Three days into the last 15 days of neously deal with enormous economic passed comprehensive energy reform, this session, and the most significant anxiety in this country, when he had to issue is a study bill on two rivers in deal with foreign affairs that involved again, against the objections of our Vermont. This country is aching for making America a strong country and friends on the other side. We took away legislation that will nourish the body bringing together peace in other coun- the tax breaks from the oil companies, politic, and yet we continue to put up, tries, he would never, ever, busy as he not because oil companies are a target. day after day on this body, pieces of was, urgent as his demands were, belit- They’re doing important work. They legislation that are as nutritional as tle the work of the House of Represent- know how to do their work and they cotton candy. We need to do it dif- atives when they were taking up what know how to do it well. But why in the ferently. is now being characterized as a ‘‘waste- world would our friends on the other But, on the plus side, we will prob- of-time bill’’ because it involves two side want to give $13 billion in tax ably do this bill in a bipartisan way. rivers in the State of Vermont. He breaks to a mature and profitable in- Doesn’t it make you feel proud? wouldn’t do it. He’s a bigger man than dustry when that money comes di- Mr. Chairman, I reserve the balance that. rectly out of the pockets of American of my time. He reflects the leadership that we consumers who need that money in Mr. GRIJALVA. Mr. Chairman, I’m can provide to the American people their pocket to pay the price at the encouraged by the newfound populism where we simultaneously take on the pump? They’ve resisted that. They op- of my good friend from Utah. And I challenges, as President Roosevelt did, posed it. agree that a comprehensive approach but also pay attention to the posterity Our friends on the other side are also to energy has to be something that this that is our responsibility to leave be- aware that even though we have passed Congress accomplishes within the hind. legislation against their objection, it week. This does not negate what I be- I just want to say as a Vermonter, I has gotten stalled in the other body, lieve to be a good piece of legislation want to say as a Member of the House threatened with veto by the President, that is before us. of Representatives that if we can’t find we’re ready to do it again. Our motto is

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.029 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7973 try again, try again, and keep going be- evening for votes. I left my home State managed by BP Amoco, and they have cause, bottom line, we want to address of Louisiana, my district of southwest done an outstanding job with the envi- that problem. And we have actually Louisiana, that was just hit by Hurri- ronment. Just yet another example of been doing things in our 2 years on the cane Gustav. Folks are suffering. Sen- good environmental policy working watch despite their resistance when iors are suffering back home. Seniors hand in hand with energy policy be- they had 12 years to get the job done are suffering all over the country. Sen- cause what does it mean? Jobs, good and essentially caved into the interests iors in Vermont are suffering and American jobs. of the oil companies. they’re going to suffer with high prices Explain that to the folks in Michi- So, Mr. Chairman, as a Vermonter of heating oil this coming winter. gan. Explain that to the folks in Ohio and the sponsor of this bill, I want to Farmers, I have got farmers that lost who are struggling right now. If you object to what is really a rhetorical their crops just last week, and they’re want good American jobs, you get a and political device, and that is ridi- faced with high diesel costs and high good energy policy, an all-of-the-above culing the importance of these two riv- gasoline costs and high fertilizer costs energy policy. An energy policy that ers to the people of my State for a par- because this country doesn’t have an looks at oil exploration in the Outer tisan political argument. Energy is in- energy policy. What are our priorities? Continental Shelf and Alaska, shale credibly important and we have deliv- This is the most important bill we have oil, nuclear energy, looks at building ered. We’ve put substantive proposals done so far this week, and it’s a study refining capacity, and also invests in on the floor. They have been debated and it’s a study based on what the sub- renewables and alternatives. That’s and they have been passed. They’ve committee found there to be no risk in- what we’re advocating over here. We been stalled in the Senate or threat- volved. So I have to question what are want to work in a bipartisan fashion. ened with veto by the President. We’re the priorities of this Democratically But, no, the other side, our friends prepared to do it again. We’re also pre- led Congress. across the aisle are finding ways to pared to reach out to the other side be- We in Louisiana have been bearing avoid the issue. That’s not what the cause we all know that in the end if we the burden of providing energy in this American public wants today. Every- are going to be successful, we do have country for quite a long time, and we body knows what the polls are showing. to work together, particularly where have seen our coasts, our precious wet- Seven out of ten Americans want a we have divided government. But it lands devastated, and now we are try- comprehensive energy policy. How can takes two sides, two bodies, and a ing to rebuild those wetlands. Is that a you go home and explain to the sen- President to be willing to do that, and priority? It’s certainly a priority to iors, an elderly woman back in your it has not been forthcoming. me. But clearly getting an energy pol- district who can’t afford gasoline for So I want to go back to a very simple icy has to be one of the top priorities her car to go to the grocery store to fact. This legislation is about allowing for this country. We should all recog- pick up a few essential items, so then Vermonters to have a study for scenic nize that. And I think my colleagues she has to carpool with three others status on two rivers that are very pre- across the aisle, after spending August and now they can’t afford it? cious to us, places where moms and back home hearing from folks in their I’m all for conservation. I believe dads have taken they are kids, taught districts, would understand that. conservation is a critical part of our them how to hunt, taught them how to We in Louisiana know that energy energy policy, but yet conservation is fish, taught them how to be families, policy and environmental policy and not enough. We need a real energy pol- taught them responsibility. And there economic policy all march together. icy, an all-of-the-above approach. is a place for us and a time for us to do That’s good policy. We’re also talking Our friends across the aisle are pro- that as well as face these large issues about jobs. Mr. Chairman, every time I posing all kinds of things that we’re like energy, like the war in Iraq, like fly home on the little stretch between hearing about. They’re proposing a pol- redefining our foreign policy. So this is Houston and Lafayette, Louisiana, I icy that permanently locks up 80 per- a very important piece of legislation to run into folks from Louisiana who are cent, 80 percent of American energy on us, and I, as one Member of Congress, coming back or going to countries all the Outer Continental Shelf. Our object to having it be held hostage to over the globe, Equatorial Guinea, An- friends are proposing permanently what is essentially a political game gola, Thailand, Vietnam, countries locking up 1 trillion barrels of oil from that’s been going on far too long. throughout the Middle East, Louisian- oil shale in the inner-mountain west. And I want to thank the chairman ians with oil and gas expertise who How can you explain that to the Amer- for the tremendous work that he’s wish they could be back in this country ican public? What’s your explanation? done. And, Vermonters, thank you as closer to their families. No, they’re How can you say we want to perma- well. having to travel all over the globe and nently lock up more than 10 billion Mr. BISHOP of Utah. Mr. Chairman, be away from their families for months barrels of oil on Alaska’s remote North I appreciate the discussion especially on end to make a living in the energy Slope? And how do you explain no to about Teddy Roosevelt, a famous Presi- industry. These are jobs that were lost nuclear power when countries like dent. But I would remind my friend to this country. These were manufac- France rely on nuclear power for 80 that William Howard Taft, who came turing jobs that were lost to this coun- percent of their electricity? People after him, created more national parks, try in the 1980s when a Democratically around this country are struggling created more land in the national for- controlled Congress imposed a windfall with high utility bills. ests, and busted more trusts in 4 years profits tax on the oil and gas industry. We ought to be looking at ways to di- than Roosevelt did in 8. The difference And what’s their answer today? Well, versify our sources of energy and put- was he didn’t use public relations. let’s get rid of the manufacturing tax ting this country on a sound footing, Our issue is still the same. Talk credit on oil and gas companies. Let’s putting America first. How can our about these issues after we have had a single out the oil and gas companies. friends across the aisle do nothing debate on real issues for a real solution Well, on one hand you say you want about constructing clean coal and on the real problem of energy that af- good jobs and good manufacturing jobs, looking at that type of new tech- fects real Americans here on the floor. but then you propose policies that nology? This is critical. And yet again That should be our priority. drive these jobs out of this country. I they propose additional tax increases With that, Mr. Chairman, I yield don’t get it. I just don’t get it, and the on the energy companies that are try- such time as he may consume to the folks back home in Louisiana don’t get ing to provide energy for this country. gentleman from Louisiana (Mr. it. I just don’t get it. I don’t get it. BOUSTANY). I talked about the environment. Mr. Chairman, I think everybody in Mr. BOUSTANY. Mr. Chairman, I Down in my district we’ve got a beau- this Chamber ought to look at that thank my colleague from Utah for tiful stretch of wetlands and marsh. plaque up there. Look at that plaque. yielding, and I stand with him on these It’s a bird habitat for ducks, a breeding It quotes from Daniel Webster, who issues. ground for ducks. White Lake, a beau- says, ‘‘Let us develop the resources of Mr. Chairman, this is a matter of set- tiful lake, a pristine lake, is down our land.’’ The resources of our land. ting priorities. I just got back Monday there in Vermilion Parish. That land is We shouldn’t be holding back. This is

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.031 H10SEPT1 jbell on PROD1PC69 with HOUSE H7974 CONGRESSIONAL RECORD — HOUSE September 10, 2008 the only country holding back on this. I would like to say that their idea of We are on the eve of this wonderful Let us develop the resources of our drill, just drill, drill, drill, and we technology. We have so many people land. Let us call forth its power and heard it at their convention, drill, baby and businesses ready to invest in it. Oil build its institutions. That’s what this drill. That is a Fred Flintstone policy. companies certainly have their role. Congress should be doing. Not wasting Drill, baby drill, I heard a reporter say, And we are dependent on oil. We are time. I have got to go back home and is like people standing there at the more dependent on oil than we were explain why I spent a week up here edge of the technology revolution when George Bush came into office. while folks back in Louisiana are yelling, Electric typewriters, electric That’s true. But where have you been struggling after another hurricane and typewriters. for 8 long years? I have got to explain to those folks We are now right at the edge of this I welcome you to this discussion. But that I came up here and we didn’t do wonderful, wonderful future for our I think we should have the discussion anything substantively in this Con- country. If you decide to join us and in- in the appropriate place and not block gress and we didn’t do anything that vest in an Apollo-type program, a pro- every piece of legislation that is com- they care most about: getting an en- gram for energy independence, a pro- ing through right now, and let’s have a ergy policy. gram that would allow us to be inde- comprehensive energy plan. And the Read that plaque again: ‘‘Let us de- pendent of these nations, to have an first thing the other side could do to velop the resources of our land.’’ economic base here in this country, to show their good faith in this would be Mr. GRIJALVA. Mr. Chairman, I re- create jobs in a green technology, and to vote against the tax subsidies for alize the political statements that are to have renewables. the oil companies. If we really want to being made by my friends on the other One of your own party, T. Boone protect the American taxpayer, why side of the aisle. I understand them. I Pickens, who has talked often about, don’t we stop forcing them to subsidize think relative to this bill I don’t appre- and has run ads, by the way, about the oil companies? That would be my first ciate them, but I really believe that fact that we can’t drill our way out of question. Thank you. there has to be an understanding that this, that we only hold 2 to 3 percent of Mr. BISHOP of Utah. In my 6 long our leadership and the Democrats on the oil and that we are consuming 25 years of being here on this floor, and I this side of the aisle can actually walk percent. Yet I haven’t heard the word welcome my freshman colleague from and chew gum at the same time, that ‘‘conserve’’ over there until just now. I New Hampshire, we have been involved heard one mention it. we can deal with an issue that we are in many issues that deal with energy, We’ve ignored conservation, we’ve ig- dealing with here today that affects and I found that what was not stopped nored wind, we’ve ignored solar, we’ve the State of Vermont and deal with the by filibuster in the Senate, was stopped ignored all kinds of renewables. And by litigation in the court, and that is very pertinent issue which is the en- when we have the drill, baby drill plan part of the overall reform we are talk- ergy policy for this country. and drill baby, drill only. Well, you ing about, which is why we desperately With that, Mr. Chairman, let me know what? We have simply got to face need a real vote on a real solution, the yield to the gentlewoman from New these issues. We should have faced American Energy Act. Hampshire (Ms. SHEA-PORTER) for such them 8 long years ago, and we should May I just inquire how much time we time as she may consume. have faced them when I got here in this have remaining. Ms. SHEA-PORTER. Mr. Chairman, 110th Congress. But I certainly wel- The Acting CHAIRMAN (Mr. ROSS). first let me say that I support the bill come you to the debate now. The gentleman from Utah has 101⁄2 min- in front of us, for these two rivers in So why don’t we do this? Why don’t utes remaining. Vermont. And I think that it’s unfortu- we first take away the subsidies from Mr. BISHOP of Utah. With that, I nate that we can’t seem to work on the the oil company and invest in renew- yield such time as he may consume to particular bills in front of us because of ables? I think that would be a good the gentleman from Georgia (Mr. the issue that the friends on the other start to show Americans that we hear WESTMORELAND). side of the aisle keep bringing up. them. Why don’t we take the specu- Mr. WESTMORELAND. I want to What I find particularly disturbing is lators out of the market, since we are thank my friend from Utah for giving that for 8 years we have had two all very concerned about the price of me this opportunity to come and to oilmen in the White House with no en- energy. I am particularly concerned speak. As I was listening to the ergy policy and my colleagues on the about what is happening in New Hamp- gentlelady from New Hampshire speak, other side have sat silent for 2 long shire, where the oil is so high and the she must not have read the American years, nothing since I have been here winter is coming on us. I am concerned Energy Act. My colleagues and I, at talking about it, 8 years since Presi- that the President of the United States least about 135 of my Republican col- dent Bush has come into office, and put in his budget a cut in the Low In- leagues and I, have been coming back suddenly in the waning hours of this come Heating Energy Assistance Pro- to this floor ever since August 1, when session, they are now talking about an gram. Speaker PELOSI decided to adjourn this energy policy. So why don’t we do this? Why don’t Congress and go on a 5-week vacation I certainly welcome them to this. I we take the speculators out of the mar- rather than address the energy crisis think we do need an energy policy. I ket? Why don’t we say Drill now, drill, that we have in this country. wish they had started talking about an to the oil companies who had 68 million Mr. Chairman, it’s awfully strange energy policy 8 long years ago. What acres and they would not drill on. That that all of the debate, most all of the they allowed to happen in the past 8 would be helpful. debate that I have heard on the floor years is for us to lose ground on an There’s a number of things that we today, has dealt with energy. Yet we Apollo-type project to bring a real en- could have done, and I agree with you refuse to bring an energy bill to the ergy policy to the United States. They that we are at the last moments here, floor under regular order. have allowed the oil companies to reap and it’s outrageous. But we have the I think what also needs to be said, the greatest profits in history while future of America in our hands. We Mr. Chairman, and I hope the Amer- they have allowed the American tax- have the ability, as T. Boone Pickens ican people are picking up on this, is payer to suffer while they subsidize said, to take the wind from—he named that the Democrats have been in con- these oil companies. That’s just out- Sweetwater, Texas to Hastings, Ne- trol of this Congress for the last 20 rageous that they are now at this point braska—we have great wind capacity, months. The Democrats have been the 8 long years into it and getting near an and to take solar from Sweetwater, majority, the controlling party in this election and they’re suddenly talking Texas to California, and catch that. Congress for the last 20 months. In the about the lack of an energy policy. And biomass. And, yes, drilling. Drill- House, they have 236 Members, I be- ing on land and leases that we have. lieve. Close to it. I think the Repub- b 1430 Why didn’t you agree to take the licans have 199. It only takes 218 to Thank you, gentlemen, for bringing leases away if the oil companies pass any legislation in this body. In this to our attention. We have been wouldn’t drill? Why not? Why not do fact, you can have a good idea, you can speaking about this lack of an energy something except stand there with the have a great idea, you can have a life- policy for a long time. same, tired drill, baby drill. saving, wonderful, world-changing idea,

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.032 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7975 but if you don’t have 218 votes, you With that, Mr. Chairman, I encour- they almost tripled after that plan was don’t have anything except an idea. If age, I encourage the majority to bring implemented by a Republican Congress you have the worst bill in the world, or out of mothballs that commonsense en- and a Republican President. something that really hurts the Amer- ergy plan that in April of 2006 Minority But that shouldn’t surprise us. With ican people and hurts our economy and Leader NANCY PELOSI said that she had. two oilmen in the White House, what our future and future generations, if I hope that she will bring it out soon did you expect? This is exactly what we you have 218 votes, you can pass that. because not just my constituents in have gotten. Skyrocketing energy So I guess my question to the major- the Third District of Georgia, but con- prices. ity is that rather than continually lay- stituents, people, citizens all over this Now what we have got to do, and I ing the blame on the executive branch country are hurting. So, hopefully, we can’t believe that my friend from Utah, of our government, and most all Amer- will get to see this commonsense plan when he says that what we need to be icans know that we do have three at some point in the near future. doing is drilling here, and drilling now, branches of government. We have got Mr. GRIJALVA. I yield 3 minutes to really wants to drill in the middle of the executive branch, we have got the the gentleman from Colorado (Mr. Salt Lake City or in any of the glo- judicial branch, and we have got the PERLMUTTER). rious places in Utah. This is something legislative branch. The legislative Mr. PERLMUTTER. I thank the gen- where it has got to be sensible energy branch, who the Democrats are in con- tleman from Arizona for allotting me policy. It’s a comprehensive energy trol of, have the responsibility for pass- this time. I just want to bring us back policy, which includes oil and gas. ing laws. So we can’t help it. It’s not to basics, for one thing. Whether it’s The Acting CHAIRMAN. The time of our fault. If the unemployment was 4.2 the Kiwanis or the Cub Scouts or the the gentleman has expired. percent, Mr. Chairman, when your PTA, ordinarily you talk about the Mr. GRIJALVA. I yield the gen- party took the majority, and now it’s issue that is at hand. And the issue tleman 30 additional seconds. 6.1, we can’t help that. This comes that is at hand, ladies and gentlemen, Mr. PERLMUTTER. It includes oil from the legislation that you had 218 and to my friends on the other side of and gas, it includes coal, it includes votes for to pass. the aisle, is we are talking about the nuclear, it includes renewable energy, Now we can’t help it because gas was Missisquoi and the Trout Rivers, the and it includes overall energy effi- $2.06 a gallon when you took over, and Wild and Scenic Rivers. ciency, because a barrel of oil saved is that it’s over $4, or close to $4 a gallon I want to thank my friend, Mr. a barrel of oil earned. A Btu saved is a now. It’s been as high as $4.50. We can’t WELCH, for bringing this matter before Btu earned. help that. You were in control. You had the House of Representatives as to try- We need a comprehensive plan. And the 218 votes to do anything you want- ing to maintain wild and scenic to pull a bad joke on the American ed to do. streams in Vermont. That is what is public of drilling here, drilling now, But what has happened? The Demo- being debated. That is the bill on the drill, baby drill, is simply a sham, and cratic majority decided that rather floor, although our friends would like we cannot go forward with that alone. than have a bill that would go through to completely change the subject. We need a comprehensive energy plan, regular order and have subcommittee Whether it’s the Kiwanis or the PTA and that is what the Democrats are hearings and committee hearings and or the boardroom or the Cub Scouts, going to provide. be brought to the floor under a rule you try to have a relevant conversa- Mr. BISHOP of Utah. Mr. Chairman, that would be an open rule that would tion. But they decided that is not the I reserve the balance of my time. allow input for all 435 Members and the issue. They must love this bill. They Mr. GRIJALVA. Let me yield 3 min- seven delegates from U.S. territories to would rather talk about something utes to my colleague from Ohio, Con- be able to have amendments on the else. So let’s talk about the something gresswoman MARCY KAPTUR. floor to speak to what their constitu- else, which is energy. Ms. KAPTUR. I thank the gentleman ents had felt and what they had been Now my friends on the other side of for yielding, and also rise in support of told at home, they have been brought the aisle, the GOP, the Republicans, in the National Wild and Scenic Rivers under a suspension rule. 2005 passed what they said was a land- measure related to including Mr. Chairman, a suspension does not mark energy bill. I want to quote the Vermont’s Missisquoi and Trout Rivers have to go through committee. It does former Speaker of the House, Dennis for further assessment. not have a rule. There’s 20 minutes of Hastert, on July 28, 2005: Let me also say I think it’s really sad debate for each side. And then you ‘‘Americans need this (GOP energy) that our GOP colleagues here are try- have to have two-thirds of the vote. legislation to lower their energy costs, ing to divert attention from this bill Well, these have been snake oil or to drive economic growth and job cre- and trying to change the subject to shams or, I guess, covers to hide under, ation, and to promote greater energy something that they have a pretty dis- maybe, that you could go home and say independence.’’ mal record on. that you had voted for an energy bill. The minority whip, Mr. BLUNT, said 1445 I say let’s bring it under regular on that same day: b order. If you bring it under regular ‘‘This (GOP energy) plan relies on In fact, since the Bush administra- order, let’s give us an opportunity to simple economics. If we create a larger tion took office, our country is now im- have a motion to recommit, or an al- market for a greater amount of gaso- porting over 1 billion more barrels of ternative. But the best thing to do, the line, we’ll help drive prices down. This oil a year, the price of gasoline has thing that I think the American people proposal moves the country one step doubled, as every American knows, and want to happen, is an open rule come closer to lowering the sky-high price of oil company profits are through the to the floor, where we can all—this is a gas for consumers.’’ roof. Exxon alone, Exxon alone last House where we are supposed to come The President, a few days later, said, year, made $40.6 billion in profits, one and debate and share ideas. Let this ‘‘I am confident that one day Ameri- company; BP, $20 billion; Shell, $31 bil- House work its will. Let’s vote on cans will look back on this (GOP en- lion in profits; Conoco, $15.5 billion; every amendment that comes to the ergy) plan as a vital step toward a Chevron, $17.1 billion. That is a total, floor. Limit it to one amendment per more secure and more prosperous Na- just of those companies, of $125.3 bil- person. tion that is less dependent on foreign lion. If we have to stay here over the sources of energy.’’ They are loving every minute of this, weekend, let’s hear all the good ideas Well, ladies and gentlemen, that en- friends. And the question for America that will come out of this place. ergy plan that was promoted by the is, do we want our people to be depend- There’s not just a certain number of Republicans and supported by the ent on a diminishing global resource people in this body that have good President back in 2005 I think now that becomes more precious every day, ideas, there’s a lot of good ideas that turns out to be a really bad joke on the where blood for oil is now shed around come from a lot of people, and there’s American people. We have had our the world? That is the real question. a lot of people here who have good prices of oil and gas going up by almost Are we going to grow up and live in the ideas that never get to share them. double, sometimes during this summer 21st century? It is a real choice.

VerDate Aug 31 2005 00:10 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.035 H10SEPT1 jbell on PROD1PC69 with HOUSE H7976 CONGRESSIONAL RECORD — HOUSE September 10, 2008 One of the fellows over there on the here and a President who will stand at that. They do not want us to bring other side of the aisle said, well, we got the side of the American people. down the price of gasoline. Why, is dif- enough votes in the House. We sure do. Mr. BISHOP of Utah. Mr. Chairman, ficult to understand. We passed a couple of bills and sent I was about to be critical of the re- But I say it is a simple choice for the them over to the Senate, where they marks of the gentlewoman from Ohio, American people this fall: Are you sit unpassed. For example, our bills for but once she said the Senate is a prob- going to believe the people who are extension of our renewable energy lem that should be working, how can I pro-American energy, or are you going credits for solar and for wind, they are reject that? to believe the people who are anti- sitting over in the Senate. Do you I would, though, remind you, if you American energy? The Democrats want know why? There isn’t a majority of really want to help Exxon, don’t do us to remain dependent on foreign oil. Democratic votes over there. The Sen- anything. Sixty-eight percent of all the They are not interested in creating ad- ate is divided. It is 49D–49R. Our Sen- oil and 87 percent of all the natural gas ditional American energy. And you can ators are sitting on their hands over is being drilled by small entrepre- see that. there, half of them. I would say to the neurial companies. If you want com- Let’s talk some more about quotes. gentleman who says we have got petition, allow those to be successful. Here is another one: ‘‘This leadership enough votes here, go get your friends Mr. Chairman, I yield 4 minutes to team will create the most honest, most over there to put their blood on the the gentlewoman from North Carolina open, most ethical Congress in his- line over on the other side for the (Ms. FOXX). tory.’’ Speaker-elect NANCY PELOSI. American people. They are wasting an Ms. FOXX. Mr. Chairman, I thank What have we had? Closed rules. The awful lot of time. my colleague from Utah for his great appropriations committees aren’t even I want to say too that the President comments. meeting, because they are scared to has to sign these bills. Look what he You know, I like Congressman PETER death that we will bring up bills that did to the agriculture bill, one of the WELCH. We are on opposite ends of the they will have to vote on that they most important bills we have brought aisle philosophically, but he is a nice know will pass because their Members to this floor to try to create a new guy. But I will tell you, I would like to are feeling the heat in their districts. biofuels industry for this country, be able to support this issue of the Wild Their constituents are hurting too. which rural America wanted and wants and Scenic Rivers Act. However, what This is not a Republican issue. It is and is leading into an energy inde- the American people want are lower not a Democratic issue. It is an Amer- pendent future for this country. What gas prices, so they will have a chance ican issue. We begged our Democratic did the President of the United States to go and visit wild and scenic rivers. colleagues to come and join us, vote do? He vetoed it. We had to override Right now, the Democrats have let the with us, speak to the American people the veto here and in the other body. gas prices get so high, nobody can go about this. She knows they will vote That is the kind of mess we have got on vacation, nobody can visit these riv- for additional American energy. There here in Washington. ers, nobody can do the kinds of things is no bill on the floor this week. Why? Boy, do we ever need a working ma- they want to do. Because her caucus is so divided. The jority in the Senate. And we need a But the good news is during the pro-American energy Democrats want bigger working majority here in the month of August, when Republicans to vote on increasing supply. They are House to do what the American people stayed here working while the Demo- not being allowed to do that. sent us here to do, and that is to help crats went on vacation, we alerted the Let me speak about the farm bill just our children have a better future, to American people to the fact that we a little bit. Ethanol is creating a major have an independent energy future for are here trying to bring down prices problem for us in this country. We are this country, and not to try to say that and that the Democrats are in charge not allowing ethanol to come in here ‘‘business as usual’’ is the course of the of this Congress. It is not the President from other countries. We could get it hour. Oh, no. Our people expect us to of the United States who can take ac- in here cheaper than we are producing play the piano on all keys. tion. He has already taken action. He it in this country. They will not allow Where have you been for the last 8 lifted the moratorium on Outer Conti- that. That was part of that farm bill years and where has the President of nental Shelf drilling. that the President vetoed. the United States been for the last 8 Let me tell you, my colleague just Mr. GRIJALVA. Mr. Chairman, I years? before my colleague from Ohio was giv- yield 3 minutes to the chairman of our The Acting CHAIRMAN. The time of ing quotes, but let me give you a quote. full Resources Committee, the gen- the gentlewoman has expired. Here is the best one, and the one that tleman from West Virginia (Mr. RA- Mr. GRIJALVA. I yield the gentle- we are going to come back to over and HALL). woman an additional 30 seconds. over and over again. Speaker PELOSI, Mr. RAHALL. Mr. Chairman, I want The Acting CHAIRMAN. The gentle- when she was asking for the majority to express my appreciation to the dis- woman from Ohio is recognized for 30 in this House: ‘‘Democrats have a plan tinguished subcommittee chairman, seconds. to lower gas prices. Join Democrats, Mr. GRIJALVA, for bringing this bill for- Ms. KAPTUR. I thank you very much who are working to lower gas prices ward, and the ranking member, Mr. for yielding. now.’’ BISHOP. Also I want to thank Mr. Let me just say that I represent one What happened? Gas prices have dou- PETER WELCH for the tremendous lead- of the solar centers of this country, one bled under the Democrats. They can do ership he has provided. of the three top places that are invent- their best to blame this on the Repub- Certainly I am in support of the leg- ing the future for our people. We need licans. But they are in charge, and we islation. I recognize that much of the the help of the President of the United are going to continue to inform the debate that has occurred thus far has States. We don’t need him to hold up American people that Democrats are in not really been on the legislation renewable energy credits in this body charge of the Congress, that they have itself, but rather has surrounded the or over in the Senate. Our people have the ability to do something. energy issue. As all of my colleagues seen the future, and they are building Republicans believe in alternatives. on both sides of the aisle know, we are it. We don’t need to have this adminis- Certainly we want solar, wind, hydro, working toward bringing an energy bill tration produce an energy plan back in all the alternatives. We believe in con- to the floor of the House of Representa- their first year that didn’t even include servation. Republicans are the original tives in the very near future. agriculture, not even a mention of it, conservationists. But we cannot get to I have heard a lot of finger pointing. and renewables, and then defunded re- those places immediately, and we can We all have been doing that, are guilty newables for most of the years that bring down the price of gasoline by pro- of that, for the last several months on they sat over there on Pennsylvania viding additional supply. this issue. Each side is trying to blame Avenue. Democrats think they can ignore and the other for the high price of gas We do need new leadership. We need a maybe even repeal the basic law of eco- today, ignoring the fact that the price working majority in the Senate. And nomics, supply and demand. We have to of gas when President Bush took office we need a greater working majority have more supply. They are preventing was $1.47, both houses of Congress were

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With that, Mr. the category, if not 99.9 percent of my Chairman, I will yield back my last 30 AMENDMENT NO. 1 OFFERED BY MR. GRIJALVA colleagues, that want to see all of our seconds. The Acting CHAIRMAN. It is now in domestic sources of energy used. I dare Mr. GRIJALVA. Mr. Chairman, I order to consider amendment No. 1 say that in the not-too-distant future, yield myself the balance of my time. printed in House Report 110–834. when we do address the energy bill, if Mr. Chairman, in conclusion let me Mr. GRIJALVA. Mr. Chairman, I rise not in the next several days on the say I associate myself with the com- to offer the amendment as the designee floor of this body, that we will see the ments that our chairman, Mr. RAHALL, for Mr. RAHALL. most broad-ranging, most comprehen- made about transparency and about The Acting CHAIRMAN. The Clerk sive energy bill come to this floor that the deeply needed reform in that agen- will designate the amendment. The text of the amendment is as fol- we have had in several years. It will be cy, given the disclosure and the inves- lows: an all-of-the-above. It will be a start tigation by the Inspector General. This toward progressive, comprehensive en- is a good piece of legislation. I urge its Amendment No. 1 offered by Mr. GRIJALVA: ergy legislation. Before subparagraph (A) in the quoted ma- approval. terial adding a new paragraph (19) to section In that, it will be a pro-drilling bill Mr. Chairman, I yield back the bal- 5(b) of the Wild and Scenic Rivers Act, insert as well, although it will not be all- ance of my time. the following and redesignate the subsequent drilling. It will not be all my-way-or- The Acting CHAIRMAN. All time for provisions accordingly: the-highway, as some on the other side general debate has expired. ‘‘(A) analyze any potential impacts on the continually preach, but rather it will Pursuant to the rule, the amendment possession or use of a weapon, trap, or net, be a bill that will show the sacrifices in the nature of a substitute printed in including a concealed weapon, on the Missisquoi and Trout Rivers, Vermont, de- that will be necessary, the com- the bill pursuant to part 2 of House Re- promises that are always necessary in scribed in subsection (a)(ll) or on lands ad- port 110–668 shall be considered as an jacent to that area;’’. the legislative process if we are going original bill for the purpose of amend- to address the common good of this The Acting CHAIRMAN. Pursuant to ment under the 5-minute rule and shall House Resolution 1419, the gentleman country. So that is what we are going be considered read. from Arizona (Mr. GRIJALVA) and a to see. The text of the committee amend- Member opposed each will control 5 One important factor of that bill that ment is as follows: we have not seen in previous energy minutes. H.R. 3667 bills is accountability and trans- The Chair recognizes the gentleman parency. After all, these are the Amer- Be it enacted by the Senate and House of Rep- from Arizona. resentatives of the United States of America in Mr. GRIJALVA. Mr. Chairman, this ican people’s resources, our public re- Congress assembled, sources we are talking about on the amendment would require that the SECTION 1. SHORT TITLE. OCS or with Federal leasing on on- study authorized by H.R. 3667 analyze This Act may be cited as the ‘‘Missisquoi and any potential impacts a wild and scenic shore Federal lands. That means the Trout Rivers Wild and Scenic River Study Act of American people have the right to re- 2008’’. river designation for this river might have on the possession or use of a ceive a fair dispensation for the use of SEC. 2. DESIGNATION FOR STUDY. their resources, as well as an account- Section 5(a) of the Wild and Scenic Rivers Act weapon, trap or net, including a con- ability of royalties and fees collected (16 U.S.C. 1276(a)) is amended by adding at the cealed weapon. thereupon. end the following: As with many of the amendments of- One of the areas in which we will ‘‘(ll) MISSISQUOI AND TROUT RIVERS, fered today, I do not believe this seek to provide much-needed reform VERMONT.—The approximately 25-mile segment amendment is necessary. The under- and more oversight is in the area of of the upper Missisquoi from its headwaters in lying legislation already is more than royalty collection and the royalty-in- Lowell to the Canadian border in North Troy; sufficient in what it directs the Sec- the approximately 25-mile segment from the Ca- retary to study when considering a kind program specifically. nadian border in East Richford to Enosburg The Acting CHAIRMAN. The time of Falls; and approximately 20 miles of the Trout wild and scenic river designation. Fur- the gentleman has expired. River from its headwaters to its confluence with ther, the Wild and Scenic Rivers Act Mr. GRIJALVA. Mr. Chairman, I the Missisquoi River.’’. already makes perfectly clear that yield an additional 30 seconds. SEC. 3. STUDY AND REPORT. these river designations are not in- Mr. RAHALL. Thank you. And I say Section 5(b) of the Wild and Scenic Rivers Act tended to infringe upon existing State we will provide that additional over- (16 U.S.C. 1276(b)) is amended by adding at the authority to manage hunting or fish- sight, because the Interior Depart- end the following: ing. ment’s own Inspector General, Mr. ‘‘(19) MISSISQUOI AND TROUT RIVERS, Nevertheless, Chairman RAHALL has Devaney, is today coming out with a VERMONT.—Not later than 3 years after funds filed this amendment in an overabun- report of his investigation of the roy- are made available to carry out this paragraph, dance of caution, and as a good-faith alty-in-kind program in which he says the Secretary of the Interior shall— effort to dispel any rumors that this we have also discovered a culture of ‘‘(A) analyze the potential impact of the des- ignation on private lands within the Missisquoi bill will impact existing policies on substance abuse and promiscuity in the and Trout Rivers, Vermont, described in sub- hunting and fishing. I urge my col- RIK program, both within the program, section (a)(ll) or adjacent to that area; leagues to support the amendment. including the supervisor, who engaged ‘‘(B) complete the study of the Missisquoi and I reserve the balance of my time. in illegal drug use, had sexual relations Trout Rivers, Vermont, described in subsection Mr. BISHOP of Utah. Mr. Chairman, with subordinates, and is in consort (a)(ll); and though not in opposition, I claim the with industry. Internally, several staff ‘‘(C) submit a report describing the results of time in opposition on this amendment. admitted to illegal drug use as well as that study to the appropriate committees of The Acting CHAIRMAN. Without ob- elicit sexual encounters, and it goes on Congress.’’. jection, the gentleman is recognized and on about what has been happening The Acting CHAIRMAN. No amend- for 5 minutes. with this oversight program. We will ment to that amendment is in order ex- There was no objection. strengthen this program and make the cept those printed in House Report 110– Mr. BISHOP of Utah. Mr. Chairman, reforms necessary. 834. Each amendment shall be consid- we find ourselves in a unique situation Mr. BISHOP of Utah. Mr. Chairman, ered only in the order printed in the re- on this particular amendment. The I certainly hope when my chairman port; by a Member designated in the re- gentleman who proposed it thinks it is rolls me into the surgery room and port; shall be considered read; shall be unnecessary. I think this is a wonder- opens me up, he will solve the problem. debatable for the time specified in the ful amendment. It was great when

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Mr. Chairman, equally as enthralled with that amend- regular process, have an open rule, and I appreciate the opportunity of talking ment. give and take on both sides. about a bill that asks us to review en- Mr. Chairman, at this time I wish to Put the politics aside, and let’s do ergy issues with this particular piece of yield such time as he may consume to what we should have done 6 weeks ago legislation. the gentleman from Georgia (Mr. to bring relief to the American people When the Wild and Scenic Rivers Act GINGREY). in regard to these high gasoline prices. was originally established, it was de- Mr. GINGREY. Mr. Chairman, I Mr. GRIJALVA. Mr. Chairman, just signed specifically to inhibit, if not thank the gentleman from Utah for as a friendly correction for the gen- stop, the production of dams across riv- yielding. tleman from Georgia, nada is spelled N- ers where electricity could be the re- I, too, want to rise in support of the A-D-A. So none of the above doesn’t sult. It is fitting and proper to see amendment of Mr. GRIJALVA and Mr. quite fit the acronym, so there might what kind of impact this wild and sce- BISHOP in regard to this amendment. need to be a search for an appropriate nic river would have in that area, as But, Mr. Chairman, I want to state balance. well as the fact that this river, the rather emphatically that I rise to ex- The other thing, and he mentioned a Missisquoi River, translated means the press concern that this committee, the good point. Under the jurisdiction of great grassy meadow. It could possibly Resources Committee, which has juris- the Natural Resources Committee are be the ‘‘great gassy meadow’’ if we find diction over the Arctic National Wild- 68 million acres under lease and not in some kind of minerals down there, life Refuge, has jurisdiction over the production under the public lands of which, once again, a review of that I miles and miles and hundreds if not this country. So under that jurisdic- think would be appropriate. thousands of miles of Outer Conti- tion, I think the committee has made Mr. Chairman, I wish to yield the re- nental Shelf on both coasts of this that effort to try to extend the public mainder of my time to the gentleman country and also the Gulf of Mexico, lands as a source for energy. from Illinois (Mr. SHIMKUS). this committee, the Natural Resources I reserve the balance of my time. The Acting CHAIRMAN. The gen- Committee chaired by Mr. RAHALL, has Mr. BISHOP of Utah. Mr. Chairman, tleman from Illinois is recognized for jurisdiction, and yet here we are, Mr. I wish to defend my good friend from up to 4 minutes. Chairman, taking up the time of this Georgia. Actually he said NOT-A, (Mr. SHIMKUS asked and was given body to delay the work that we clearly which is N-O-T-A. It is just that Geor- permission to revise and extend his re- need to do in regard to a sound energy gian accent, it’s hard to get the letters marks.) policy. And to think that we have 2 straight there. That’s something we Mr. SHIMKUS. Mr. Chairman, it is more weeks left before the majority don’t face in Arizona or Utah, I realize great to have a chance to be on the leadership has decided that we are that. floor to talk about energy and the lack going to leave this place and not come Mr. Chairman, in all sincerity, we of movement from my colleagues on back until the 111th Congress, ladies support this particular amendment. the other side. It’s not the first time and gentlemen, that is next January. I yield back the balance of my time. I’ve been down here, it’s not going to So starting from August 1 until the end Mr. GRIJALVA. Mr. Chairman, I be the last, and I seriously doubt that of the year, that means we will have yield back the balance of my time. the provision that will be brought to worked, what, 13 days in 5 months. The Acting CHAIRMAN. The ques- the floor will be an all-of-the-above, That makes this congressional job, Mr. tion is on the amendment offered by comprehensive plan. Chairman, a part-time job. If I had the gentleman from Arizona (Mr. It will be a smoke screen, it will try known that, I would go back home and GRIJALVA). to have some cover for votes for No- deliver babies for 6 months out of the The question was taken; and the Act- vember, but it will not be the all-the- year. ing Chairman announced that the ayes above strategy that we are demanding We ought to be doing an energy bill appeared to have it. on the floor of the House. right now, this week. There is no ex- Mr. GRIJALVA. Mr. Chairman, I de- There will not be a provision on coal cuse for it. And there was really no ex- mand a recorded vote. in this bill. Coal is our most valuable cuse, Mr. Chairman, for us adjourning The Acting CHAIRMAN. Pursuant to resource we have in this country. and going home to our districts for clause 6 of rule XVIII, further pro- There will not be a provision on oil whatever reason for 5 weeks. We could ceedings on the amendment offered by shale. More energy than any other have stayed here and in 3 days, 5 days the gentleman from Arizona will be country in oil shale. We will not deal at the most, done exactly what Mr. RA- postponed. with opening up the entire Outer Con- HALL just a few minutes ago on the AMENDMENT NO. 2 OFFERED BY MR. BISHOP OF tinental Shelf. We will not use the rev- floor of this Chamber said that you UTAH enues to fully expand the grid or go were going to do; you, the majority, The Acting CHAIRMAN. It is now in into all the renewables. were going to introduce a comprehen- order to consider amendment No. 2 We would like regular order. We sive bill allowing 99 percent of all printed in House Report 110–834. would like the chance to move a bill United States energy resources to be Mr. BISHOP of Utah. Mr. Chairman, through the committee. I serve on the utilized. I have an amendment at the desk. Energy and Air Quality subcommittee; What I have seen, Mr. Chairman, of The Acting CHAIRMAN. The Clerk I serve on the Energy and Commerce this proposal, if it looks anything like will designate the amendment. full committee. The 2005 energy bill what has been suggested on the Senate The text of the amendment is as fol- that you all had attacked went through side, doesn’t even come close to that. lows: regular order. It went through your This is certainly not an all-of-the- Amendment No. 2 offered by Mr. BISHOP of committee, it went through my com- above energy bill; it is almost none of Utah: mittee, it went through the Science After the new paragraph (19)(A) added to the above. And, quite honestly, the ac- section 5(b) of the Wild and Scenic Rivers Committee. It went through all the ronym for that is the NOT-A bill, none- Act, insert the following (and redesignate committees; it was cobbled together on of-the-above act. It is a NOT-A energy the subsequent subparagraphs accordingly): the floor; we had amendments on the act. ‘‘(B) include in the study completed under floor, and we voted. But if the chairman is right in what this paragraph an assessment of any effect a Democrats attacked us for the major- he said, Mr. Chairman, that we are wild and scenic designation in the study area ity of the majority rule of the floor of going to see an all-of-the-above energy is likely to have on energy production, the House. Well, we’re going to turn bill, let’s get with it. Let’s get with it. transmission, or conveyance;’’. that around, because now it’s just a There is no reason why the Committee The Acting CHAIRMAN. Pursuant to majority of one: It’s whatever Speaker on Energy and Commerce, with Chair- House Resolution 1419, the gentleman PELOSI decides, that will be the bill on man DINGELL and Ranking Member from Utah (Mr. BISHOP) and a Member the floor. And she is dissing you all. BARTON who work very well together, opposed each will control 5 minutes. She’s not allowing you all to have any

VerDate Aug 31 2005 02:53 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.045 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7979 input into the legislative process. It’s ergy bill because it was done behind have to manage it. We’re adding to a whatever she says goes. And you just closed doors. I think the point on the backlog of between 14 and $22 billion. can’t deny that fact, because it is not attack is relative to the fact that it We shouldn’t continue to do this. We going through any regular order. was shortsighted, Big Oil driven, and can’t continue to do this. We have So when you attacked the 2005 en- an utter failure. parks in my State and everywhere else ergy bill that went through the sub- Mr. SHIMKUS. Will the gentleman that have maintenance needs, that committee, went through the full com- yield? have staffing needs, that have needs mittee as being written behind closed The Acting CHAIRMAN. The gen- that are going unmet, and we’re going doors, there is no more closed doors tleman from Arizona controls the time. about just adding more to it, without than what you are doing and proposing Mr. GRIJALVA. I thank the Chair- seeking a funding source or anything to do in this bill, and it is a shame and man. else. We’re simply adding more obliga- it is an insult on the legislative proc- With regard to the Bishop amend- tions to the Park Service, and we can’t ess. ment, we have no opposition after re- do that. Let’s see if we address coal-to-liquid. viewing it, and we would accept this This amendment simply says that There are two provisions you all could amendment. nothing in this authorization implies put in the bill right now to make us I yield back the balance of my time. this appropriation will follow. Again, if more energy independent. The Acting CHAIRMAN. The ques- an appropriation does follow, we are You could put long-term contracting tion is on the amendment offered by taking from the existing wild and sce- Department of Defense, who are asking the gentleman from Utah (Mr. BISHOP). nic rivers or other designations that for coal-to-liquid applications for jet The amendment was agreed to. our Interior Department has to man- fuel, long-term contracting, and we b 1515 age. would have coal-to-liquid refineries I reserve the balance of my time. being built with American jobs today. AMENDMENT NO. 3 OFFERED BY MR. FLAKE Mr. GRIJALVA. Mr. Chairman, I rise You could take a Democrat bill, the The Acting CHAIRMAN. It is now in to claim time in opposition to the Boucher coal-to-liquid bill. You could order to consider amendment No. 3 Flake amendment. put RICK BOUCHER’s bill in this, quote/ printed in House Report 110–834. The Acting CHAIRMAN. The gen- unquote, comprehensive energy bill, Mr. FLAKE. Mr. Chairman, I have an tleman from Arizona (Mr. GRIJALVA) is and we would have coal-to-liquid refin- amendment at the desk. recognized for 5 minutes. eries being built in this country within The Acting CHAIRMAN. The Clerk Mr. GRIJALVA. Upon review of the a year. will designate the amendment. amendment of my good friend from Ar- But it won’t be comprehensive be- The text of the amendment is as fol- izona (Mr. FLAKE), we are prepared to cause you’re going to not address coal, lows: accept it and will not oppose the the greatest resource. We have more Amendment No. 3 offered by Mr. FLAKE: amendment. coal reserves than any country on this At the end of the bill, add the following: I reserve. planet. So you can’t really say you are SEC. 4. FUNDING. Mr. FLAKE. I thank the gentleman going to have a comprehensive energy Nothing in this Act or the amendments for accepting the amendment, and I plan when you don’t address coal. made by this Act shall be construed as au- thank the Chair. The other thing that you will not do thorizing appropriations to designate or oth- Now, let me say a few words about is open up the Outer Continental Shelf. erwise create a new component of the na- energy, since everybody else has. I You may open up 5 percent more. This tional wild and scenic rivers system. didn’t plan to when I came down here, whole red area, you have seen it nu- The Acting CHAIRMAN. Pursuant to but I have to say that Republicans will merous times, off-limits. House Resolution 1419, the gentleman charge, with some justification, that We’re going to call your bluff. We’re from Arizona (Mr. FLAKE) and a Mem- the Democrats have been in charge for going to shut down this government on ber opposed each will control 5 min- the last 2 years and have failed to pass the CR because we’re going to defeat utes. significant substantial energy legisla- the moratorium. So you can pass all The Chair recognizes the gentleman tion. Democrats will charge, with some these energy bills you want. You know from Arizona. justification, that the Republicans you can’t conference it with the Sen- Mr. FLAKE. Mr. Chairman, we’ll ac- have been in charge for a number of ate. You know it’s not going to go to tually hear about this bill for just a years and failed to do so. the President’s desk. It’s a fig leaf. It’s minute at least before I talk about en- We blamed the Senate. We didn’t a farce. You ought to be ashamed of ergy. But, no, I do have a serious have 60 votes in the Senate. The Demo- yourselves. amendment here that simply clarifies crats can do the same at this point. What we’re going to do is we’re going that nothing in this bill is meant to But here we are today, and we can’t to wait till the spending bill comes to authorize appropriations for the new continue to look back and say we fund government, and then we’re going unit of the Wild and Scenic Rivers Sys- should have done something before, be- to call your bluff. Are you willing to tem. cause we are here today and people are shut the government down and keep The bill before us today authorizes a asking, why aren’t you passing some- off-limits billions of barrels of oil, tril- study to determine if the Missisquoi thing? With justification, I might add. lions of cubic feet of natural gas? And and Trout Rivers in Vermont are eligi- Now, one of the speakers mentioned if you’re willing to do that, fine. We’ll ble to be designated wild and scenic that what the Republicans were pro- do that before the election. We’ll go rivers. Now, rivers designated as wild posing was more like a Fred Flintstone back and we’ll hold you accountable at and scenic are managed by a number of bill of some type. And I would have to the polls. Department of the Interior agencies, ask that same speaker how she plans to Do you know why you can’t bring a including the National Park Service, get home tonight. Unless she has a comprehensive bill that comes through Forest Service, Bureau of Land Man- Flintstone mobile, she’s probably regular order? Because NANCY PELOSI agement and the Fish and Wildlife riding in something that is powered by loses, and it’s her bill. Service. gas, maybe a hybrid, unlikely that it’s The Acting CHAIRMAN. The gentle- However, if you ask CRS about this, electricity. In fact, less than 1 percent man’s time has expired. these four agencies have a combined of our current energy needs in this Mr. GRIJALVA. Mr. Chairman, I rise maintenance backlog of between 14 and country are produced by solar, which to claim the time in opposition to the $22 billion. That is between 14 and $22 she talked about. Less than 1 percent is amendment. billion. And so we are going to be doing produced by wind. The Acting CHAIRMAN. The gen- a study of another river, a study that Now, in our plan it has plans for in- tleman from Arizona is recognized for 5 often precedes designation. I think creased solar and wind. But if you dou- minutes. that is the purpose of this study, that bled, if you tripled, if you quadrupled, Mr. GRIJALVA. Mr. Chairman, I just will then put this river under the Park quintupled, do whatever you want, to want a point of clarification, that we Service’s jurisdiction or the Interior solar and wind for a number of years, didn’t attack the 2005 Republican en- Department, and these agencies will we are going to rely on our traditional

VerDate Aug 31 2005 02:53 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.048 H10SEPT1 jbell on PROD1PC69 with HOUSE H7980 CONGRESSIONAL RECORD — HOUSE September 10, 2008 energy sources. And so it makes sense Hinchey McNerney Scott (GA) Roskam Smith (NE) Walberg that, while we are searching for the Hinojosa McNulty Scott (VA) Royce Smith (NJ) Walden (OR) Hirono Meek (FL) Serrano Ryan (WI) Smith (TX) Walsh (NY) next big thing, while we wait for a hy- Holden Meeks (NY) Sestak Sali Souder Wamp drogen economy, or while we wait for Holt Melancon Shea-Porter Saxton Stark Weller wind and solar to really come on-line, Honda Michaud Sherman Scalise Stearns Westmoreland Schmidt Sullivan or something else that we may not Hooley Miller (NC) Shuler Whitfield (KY) Hoyer Miller, George Sires Sensenbrenner Tancredo Wilson (NM) Sessions Terry even know of, we have to use the re- Inslee Mitchell Skelton Wilson (SC) Israel Mollohan Shadegg Thornberry sources that we have. Slaughter Wittman (VA) Jackson (IL) Moore (KS) Shays Tiahrt Smith (WA) Wolf So nobody on this side is really say- Jefferson Moore (WI) Shimkus Tiberi ing drill and drill only. We’re saying it Johnson (GA) Murphy (CT) Snyder Shuster Turner Young (AK) has to be part of the mix and it has to Johnson, E. B. Murphy, Patrick Solis Simpson Upton Young (FL) Space be all of the above. Kagen Murtha Kanjorski Nadler Speier NOT VOTING—24 So there’s plenty of blame to go Kaptur Napolitano Spratt Bilbray Gonzalez Payne around. I myself have not voted for one Kennedy Neal (MA) Stupak Boustany Hodes Peterson (MN) energy bill since I’ve been here in the Kildee Oberstar Sutton Cannon Hulshof Pitts past 8 years because I thought that Kilpatrick Obey Tanner Cazayoux Lee Reynolds Kind Olver Tauscher Christensen Levin Rush some of them were too subsidy-laden. I Klein (FL) Ortiz Taylor Edwards (TX) Moran (KS) Udall (CO) didn’t think that they really, really al- Kucinich Pallone Thompson (CA) English (PA) Norton Udall (NM) lowed us, in a free market way, to go Lampson Pascrell Thompson (MS) Fortun˜ o Paul Weldon (FL) Langevin Pastor out and use our resources. Tierney Larsen (WA) Perlmutter Towns b 1552 But going forward, this is what we’ve Larson (CT) Pomeroy Tsongas LaTourette Price (NC) Messrs. WELLER of Illinois, BRADY got to look at; what are we going to do Van Hollen of Texas and BURTON of Indiana Lewis (GA) Rangel Vela´ zquez going forward. It doesn’t do anybody Lipinski Reyes Visclosky changed their vote from ‘‘aye’’ to ‘‘no.’’ any good to say well, the Democrats Loebsack Richardson Walz (MN) Mr. SMITH of Washington, Ms. ZOE Lofgren, Zoe Rodriguez didn’t do anything, or the Republicans Wasserman Lowey Ross LOFGREN of California, Messrs. didn’t. We’re here today, and it’s time Schultz Lynch Rothman WEINER, SNYDER, COOPER, KLEIN Waters to do something on this. Mahoney (FL) Roybal-Allard of Florida, CHANDLER, LYNCH, Ms. Again, I thank the chairman of the Maloney (NY) Ruppersberger Watson Watt KILPATRICK, Messrs. FARR, subcommittee and appreciate him ac- Markey Ryan (OH) Marshall Salazar Waxman MCDERMOTT, ENGEL, ETHERIDGE, cepting this amendment. Matheson Sa´ nchez, Linda Weiner BOYD of Florida, ACKERMAN, I yield back the balance of my time. Matsui T. Welch (VT) HINOJOSA, BLUMENAUER, WELCH of Mr. GRIJALVA. I yield back. McCarthy (NY) Sanchez, Loretta Wexler McCollum (MN) Sarbanes Wilson (OH) Vermont, BISHOP of Georgia, The Acting CHAIRMAN. The ques- McDermott Schakowsky Woolsey COSTELLO, and LAMPSON changed tion is on the amendment offered by McGovern Schiff Wu their vote from ‘‘no’’ to ‘‘aye.’’ the gentleman from Arizona (Mr. McIntyre Schwartz Yarmuth So the motion was agreed to. FLAKE). NOES—193 The result of the vote was announced The amendment was agreed to. as above recorded. Mr. GRIJALVA. Mr. Chairman, I Abercrombie Ehlers Lewis (CA) Aderholt Emerson Lewis (KY) Accordingly, the Committee rose; move that the committee do now rise. Akin Everett Linder and the Speaker pro tempore (Mr. The Acting CHAIRMAN. The ques- Alexander Fallin LoBiondo CAPUANO) having assumed the chair, tion is on the motion to rise. Bachmann Feeney Lucas Bachus Ferguson Lungren, Daniel Mr. ROSS, Acting Chairman of the The question was taken; and the Act- Barrett (SC) Flake E. Committee of the Whole House on the ing Chairman announced that the ayes Bartlett (MD) Forbes Mack State of the Union, reported that that appeared to have it. Barton (TX) Fortenberry Manzullo Committee, having had under consider- Biggert Fossella Marchant RECORDED VOTE Bilirakis Foxx McCarthy (CA) ation the bill (H.R. 3667) to amend the Mr. WESTMORELAND. Mr. Chair- Bishop (UT) Franks (AZ) McCaul (TX) Wild and Scenic Rivers Act to des- man, I demand a recorded vote. Blackburn Frelinghuysen McCotter ignate a segment of the Missisquoi and Blunt Gallegly McCrery A recorded vote was ordered. Boehner Garrett (NJ) McHenry Trout Rivers in the State of Vermont The vote was taken by electronic de- Bonner Gerlach McHugh for study for potential addition to the vice, and there were—ayes 221, noes 193, Bono Mack Gilchrest McKeon National Wild and Scenic Rivers Sys- Boozman Gingrey McMorris tem, had come to no resolution there- not voting 24, as follows: Brady (TX) Gohmert Rodgers [Roll No. 580] Broun (GA) Goode Mica on. Brown (SC) Goodlatte Miller (FL) f AYES—221 Brown-Waite, Granger Miller (MI) Ackerman Carnahan Doggett Ginny Graves Miller, Gary RECESS Allen Carney Donnelly Buchanan Hall (TX) Moran (VA) Altmire Carson Doyle Burgess Hastings (WA) Murphy, Tim The SPEAKER pro tempore. Pursu- Andrews Castor Edwards (MD) Burton (IN) Hayes Musgrave ant to clause 12(a) of rule I, the Chair Arcuri Chandler Ellison Buyer Heller Myrick declares the House in recess subject to Baca Childers Ellsworth Calvert Hensarling Neugebauer Baird Clarke Emanuel Camp (MI) Herger Nunes the call of the Chair. Baldwin Clay Engel Campbell (CA) Hobson Pearce Accordingly (at 3 o’clock and 53 min- Barrow Cleaver Eshoo Cantor Hoekstra Pence utes p.m.), the House stood in recess Bean Clyburn Etheridge Capito Hunter Peterson (PA) subject to the call of the Chair. Becerra Cohen Faleomavaega Carter Inglis (SC) Petri Berkley Conyers Farr Castle Issa Pickering f Berman Cooper Fattah Chabot Jackson-Lee Platts Berry Costa Filner Coble (TX) Poe b 1727 Bishop (GA) Costello Foster Cole (OK) Johnson (IL) Porter Bishop (NY) Courtney Frank (MA) Conaway Johnson, Sam Price (GA) AFTER RECESS Blumenauer Cramer Giffords Crenshaw Jones (NC) Pryce (OH) The recess having expired, the House Bordallo Crowley Gillibrand Cubin Jordan Putnam Boren Cuellar Gordon Culberson Keller Radanovich was called to order by the Speaker pro Boswell Cummings Green, Al Davis (KY) King (IA) Rahall tempore (Mr. ALTMIRE) at 5 o’clock and Boucher Davis (AL) Green, Gene Davis, David King (NY) Ramstad 27 minutes p.m. Boyd (FL) Davis (CA) Grijalva Davis, Tom Kingston Regula Boyda (KS) Davis (IL) Gutierrez Deal (GA) Kirk Rehberg f Brady (PA) Davis, Lincoln Hall (NY) Dent Kline (MN) Reichert MISSISQUOI AND TROUT RIVERS Braley (IA) DeFazio Hare Diaz-Balart, L. Knollenberg Renzi Brown, Corrine DeGette Harman Diaz-Balart, M. Kuhl (NY) Rogers (AL) WILD AND SCENIC RIVER STUDY Butterfield Delahunt Hastings (FL) Doolittle LaHood Rogers (KY) ACT OF 2008 Capps DeLauro Herseth Sandlin Drake Lamborn Rogers (MI) Capuano Dicks Higgins Dreier Latham Rohrabacher The SPEAKER pro tempore. Pursu- Cardoza Dingell Hill Duncan Latta Ros-Lehtinen ant to House Resolution 1419 and rule

VerDate Aug 31 2005 04:34 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.054 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7981 XVIII, the Chair declares the House in Ellison Larson (CT) Reynolds Wilson (NM) Wolf Young (AK) Ellsworth Latham Richardson Wilson (OH) Woolsey Young (FL) the Committee of the Whole House on Emanuel LaTourette Rodriguez Wilson (SC) Wu the State of the Union for the further Emerson Latta Rogers (AL) Wittman (VA) Yarmuth consideration of the bill, H.R. 3667. Engel Lewis (CA) Rogers (KY) NOT VOTING—20 English (PA) Lewis (GA) Rogers (MI) b 1728 Eshoo Lewis (KY) Rohrabacher Abercrombie Fortun˜ o Levin Etheridge Linder Ros-Lehtinen Baca Harman Olver IN THE COMMITTEE OF THE WHOLE Everett Lipinski Roskam Cardoza Hinojosa Ortiz Accordingly, the House resolved Faleomavaega LoBiondo Ross Cazayoux Hodes Peterson (MN) Fallin Loebsack Rothman Christensen Hulshof Peterson (PA) itself into the Committee of the Whole Farr Lofgren, Zoe Roybal-Allard Culberson Keller Pitts House on the State of the Union for the Fattah Lowey Royce Feeney Lee further consideration of the bill (H.R. Ferguson Lucas Ruppersberger b 1753 3667) to amend the Wild and Scenic Filner Lungren, Daniel Rush Flake E. Ryan (OH) Mr. MACK changed his vote from Rivers Act to designate a segment of Forbes Lynch Ryan (WI) ‘‘no’’ to ‘‘aye.’’ the Missisquoi and Trout Rivers in the Fortenberry Mack Salazar So the amendment was agreed to. State of Vermont for study for poten- Fossella Mahoney (FL) Sali Foster Maloney (NY) Sa´ nchez, Linda The result of the vote was announced tial addition to the National Wild and Foxx Manzullo T. as above recorded. Scenic Rivers System, with Mr. DOYLE Frank (MA) Marchant Sanchez, Loretta The Acting CHAIRMAN. The ques- (Acting Chairman) in the chair. Franks (AZ) Markey Sarbanes tion is on the committee amendment The Clerk read the title of the bill. Frelinghuysen Marshall Saxton Gallegly Matheson Scalise in the nature of a substitute, as amend- The Acting CHAIRMAN (Mr. POM- Garrett (NJ) Matsui Schakowsky ed. EROY). When the committee of the Gerlach McCarthy (CA) Schiff The committee amendment in the whole rose earlier today, amendment Giffords McCarthy (NY) Schmidt nature of a substitute, as amended, was No. 3 printed in House report 110–834, Gilchrest McCaul (TX) Schwartz Gillibrand McCollum (MN) Scott (GA) agreed to. offered by the gentleman from Arizona Gingrey McCotter Scott (VA) The Acting CHAIRMAN. Under the (Mr. FLAKE), had been disposed of. Gohmert McCrery Sensenbrenner rule, the Committee rises. McDermott Serrano AMENDMENT NO. 1 OFFERED BY MR. GRIJALVA Gonzalez Accordingly, the Committee rose; Goode McGovern Sessions and the Speaker pro tempore (Mrs. The Acting CHAIRMAN. The unfin- Goodlatte McHenry Sestak ished business is the demand for a re- Gordon McHugh Shadegg TAUSCHER) having assumed the chair, corded vote on the amendment offered Granger McIntyre Shays Mr. POMEROY, Acting Chairman of the Graves McKeon Shea-Porter Committee of the Whole House on the by the gentleman from Arizona (Mr. Green, Al McMorris Sherman GRIJALVA) on which further pro- Green, Gene Rodgers Shimkus State of the Union, reported that that ceedings were postponed and on which Grijalva McNerney Shuler Committee, having had under consider- the ayes prevailed by voice vote. Gutierrez McNulty Shuster ation the bill (H.R. 3667) to amend the Hall (NY) Meek (FL) Simpson Wild and Scenic Rivers Act to des- The Clerk will redesignate the Hall (TX) Meeks (NY) Sires amendment. Hare Melancon Skelton ignate a segment of the Missisquoi and The Clerk redesignated the amend- Hastings (FL) Mica Slaughter Trout Rivers in the State of Vermont ment. Hastings (WA) Michaud Smith (NE) for study for potential addition to the Hayes Miller (FL) Smith (NJ) National Wild and Scenic Rivers Sys- RECORDED VOTE Heller Miller (MI) Smith (TX) The Acting CHAIRMAN. A recorded Hensarling Miller (NC) Smith (WA) tem, pursuant to House Resolution Herger Miller, Gary Snyder 1419, he reported the bill back to the vote has been demanded. Herseth Sandlin Miller, George Solis A recorded vote was ordered. House with an amendment adopted by Higgins Mitchell Souder the Committee of the Whole. The vote was taken by electronic de- Hill Mollohan Space The SPEAKER pro tempore. Under vice, and there were—ayes 418, noes 0, Hinchey Moore (KS) Speier Hirono Moore (WI) Spratt the rule, the previous question is or- not voting 20, as follows: Hobson Moran (KS) Stark dered. [Roll No. 581] Hoekstra Moran (VA) Stearns Is a separate vote demanded on any Holden Murphy (CT) Stupak AYES—418 Holt Murphy, Patrick Sullivan amendment to the amendment re- Ackerman Boyd (FL) Conaway Honda Murphy, Tim Sutton ported from the Committee of the Aderholt Boyda (KS) Conyers Hooley Murtha Tancredo Whole? If not, the question is on the Akin Brady (PA) Cooper Hoyer Musgrave Tanner Alexander Brady (TX) Costa Hunter Myrick Tauscher amendment. Allen Braley (IA) Costello Inglis (SC) Nadler Taylor The amendment was agreed to. Altmire Broun (GA) Courtney Inslee Napolitano Terry The SPEAKER pro tempore. The Andrews Brown (SC) Cramer Israel Neal (MA) Thompson (CA) question is on the engrossment and Arcuri Brown, Corrine Crenshaw Issa Neugebauer Thompson (MS) Bachmann Brown-Waite, Crowley Jackson (IL) Norton Thornberry third reading of the bill. Bachus Ginny Cubin Jackson-Lee Nunes Tiahrt The bill was ordered to be engrossed Baird Buchanan Cuellar (TX) Oberstar Tiberi and read a third time, and was read the Baldwin Burgess Cummings Jefferson Obey Tierney third time. Barrett (SC) Burton (IN) Davis (AL) Johnson (GA) Pallone Towns Barrow Butterfield Davis (CA) Johnson (IL) Pascrell Tsongas MOTION TO RECOMMIT Bartlett (MD) Buyer Davis (IL) Johnson, E. B. Pastor Turner Mr. SALI. Madam Speaker, I have a Barton (TX) Calvert Davis (KY) Johnson, Sam Paul Udall (CO) motion to recommit at the desk. Bean Camp (MI) Davis, David Jones (NC) Payne Udall (NM) The SPEAKER pro tempore. Is the Becerra Campbell (CA) Davis, Lincoln Jordan Pearce Upton Berkley Cannon Davis, Tom Kagen Pence Van Hollen gentleman opposed to the bill? Berman Cantor Deal (GA) Kanjorski Perlmutter Vela´ zquez Mr. SALI. Yes, in its current form. Berry Capito DeFazio Kaptur Petri Visclosky The SPEAKER pro tempore. The Biggert Capps DeGette Kennedy Pickering Walberg Clerk will report the motion to recom- Bilbray Capuano Delahunt Kildee Platts Walden (OR) Bilirakis Carnahan DeLauro Kilpatrick Poe Walsh (NY) mit. Bishop (GA) Carney Dent Kind Pomeroy Walz (MN) The Clerk read as follows: Bishop (NY) Carson Diaz-Balart, L. King (IA) Porter Wamp Mr. Sali of Idaho moves to recommit the Bishop (UT) Carter Diaz-Balart, M. King (NY) Price (GA) Wasserman bill H.R. 3667 to the Committee on Natural Blackburn Castle Dicks Kingston Price (NC) Schultz Resources with instructions to report the Blumenauer Castor Dingell Kirk Pryce (OH) Waters Blunt Chabot Doggett Klein (FL) Putnam Watson same back to the House forthwith with the Boehner Chandler Donnelly Kline (MN) Radanovich Watt following amendment: Bonner Childers Doolittle Knollenberg Rahall Waxman At the end add a new title designated and Bono Mack Clarke Doyle Kucinich Ramstad Weiner entitled ‘‘Title II—American Energy Act’’, Boozman Clay Drake Kuhl (NY) Rangel Welch (VT) comprised of the text of H.R. 6566, 110th Con- Bordallo Cleaver Dreier LaHood Regula Weldon (FL) Boren Clyburn Duncan Lamborn Rehberg Weller gress, as introduced in the House of Rep- Boswell Coble Edwards (MD) Lampson Reichert Westmoreland resentatives (and conform the title designa- Boucher Cohen Edwards (TX) Langevin Renzi Wexler tion, section numbers, and any references to Boustany Cole (OK) Ehlers Larsen (WA) Reyes Whitfield (KY) such sections, accordingly).

VerDate Aug 31 2005 04:34 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.058 H10SEPT1 jbell on PROD1PC69 with HOUSE H7982 CONGRESSIONAL RECORD — HOUSE September 10, 2008 Mr. GRIJALVA. Madam Speaker, I energy policies won’t allow us to go get POINT OF ORDER reserve a point of order on the motion. it, and people suffer as a result. Mr. GRIJALVA. Madam Speaker, I The SPEAKER pro tempore. A point My motion to recommit promotes make a point of order that the motion of order is reserved. and offers effective incentives for en- to recommit contains nongermane in- The gentleman from Idaho is recog- ergy conservation and more efficient structions in violation of clause 7 of nized for 5 minutes. use of our energy resources. It pro- rule XVI. Mr. SALI. Madam Speaker, today, motes all manner of alternative energy Let me add, Madam Speaker, the Of- millions of Americans will go to work, sources, and even establishes a renew- fice of the Inspector General just re- and the overwhelming majority of able energy trust fund using revenues leased an investigation that they con- them will drive. No matter what type generated by exploration in the deep ducted on the office responsible for of car they use, tens of millions of ocean and on the Arctic coastal plain. protecting the taxpayers in the royalty Americans will use privately owned We fuel our cars and trucks and heat collections on our public lands. Let me passenger automobiles to get to and our homes and businesses because just give a couple of quotes from the from work and school, the stores where hardworking men and women take summary of the report. they shop, and the soccer fields where risks, drill for oil, refine it, store it, ‘‘A culture of ethical failure. The sin- their kids practice. That’s reality. ship it and then sell it to individual gle most serious problem our investiga- That’s here and now. customers. We need more of it—a lot tions revealed is a pervasive culture of We have to think about how to help more—now. exclusivity, exempt from the rules that the people that we represent today, the We are all mindful that drilling won’t govern all other employees of the Fed- great majority of our fellow citizens make our energy problems disappear, eral Government. In other cases, the for whom the past few months have but it will start us in the right direc- results of our investigation revealed a been an energy nightmare. tion. In the next few years, the oil that program taxed with implementing a We are here today because my col- new drilling provides would start flow- business model program, such as roy- leagues and I on this side of the aisle ing into our fuel pumps. And in the in- alty-in-kind marketers, donned a pri- believe in what our distinguished lead- terim, the fact that America is finally vate sector approach to essentially ev- er has called the All-of-the-Above En- shattering our long-term dependence erything they did. This included effec- ergy Agenda. Many of us, including me, on foreign oil will send an unmistak- tively opting themselves out of the came here during the August recess to able signal to friend and foe alike that Ethics in Government Act, both in practice, and at one point even ex- call on our friends in the majority to America will use more of her own re- plored doing so by policy or regulation. come back and work with us on an en- sources and thereby regain a degree of We also discovered a culture of sub- ergy policy that would enable us to ac- economic independence that we have stance abuse and promiscuity in the cess America’s incredible natural re- lost for far too long. RIK program, both within the program, sources in an environmentally respon- We have heard talk that there will be including supervisors who engaged in sible way quickly and effectively. another new comprehensive energy bill illegal drug use and had sexual rela- That’s why I’m offering this motion from the Democrats. We also just took tions and consort with industry in the to recommit so that the House may a break for more than an hour because there is not agreement across the aisle oil business.’’ vote on the American Energy Act now. I mention those because the gravity on what that bill will look like. Appar- Madam Speaker, this is a question of of this particular problem, this patho- ently, there are real questions whether stewardship. We all look forward to a logical behavior, should be noted and the Democrat Members even support future where fossil fuels are less preva- looked into by this Congress. When we the proposal of Speaker PELOSI of a day lent. We’re all working toward that fu- get our new energy policy on the ago. But I submit that now is the time ture. We need to pursue solar and wind floor—soon—I hope that the other side to stop politicking, to do the right power, advance hydrogen fuel cell tech- will join with me in ensuring that eth- thing and vote on this motion to re- nology, and encourage nuclear energy ical reform of the agency responsible commit right now. Everything the so we can cut through the red tape and for the protection of the taxpayers’ in- construct plants as soon as possible. American public is asking us to do is vestment are part and parcel of any All of these are components of the included in this motion. America wants comprehensive energy reform. American Energy Act, and I rise to call this all-of-the-above kind of legisla- With that, I insist on the point of for a vote on that act today. But the tion. order, Madam Speaker. American Energy Act also calls for Now a point of order has been re- The SPEAKER pro tempore. Does drilling right now. served. That means that those across any other Member wish to be heard on the aisle will try to beat this motion b 1800 the point of order? on a technicality. If we ask Americans, If not, the Chair is prepared to rule. We need to drill—drill offshore, drill do you care more for an amendment to The gentleman from Arizona makes a in ANWR, drill in the National Petro- this river study bill that is totally free point of order that the instructions in leum Reserve in Alaska, drill in the of technicalities or for Congress to fi- the motion to recommit are not ger- new fields of North Dakota—aggres- nally vote to conserve, produce alter- mane. The bill, H.R. 3667, as amended, sively develop oil sands and oil shale; native energy and drill here and drill is confined to the study of two rivers we need to drill wherever there is a re- now, we all know they wouldn’t care under the Wild and Scenic Rivers Act alistic promise of obtaining fuel for one whit about technicalities. They and closely related issues. America’s families. want energy. The instructions in the motion to re- Let me give you some examples of Earlier, Chairman RAHALL said Re- commit address H.R. 6566, a bill con- why. According to an assessment con- publicans and Democrats have been too taining subjects unrelated to the pend- ducted by the Minerals Management busy trying to blame each other for ing bill and containing provisions out- Service of technically recoverable oil high gas prices. Well, I say America is side the jurisdiction of the Committee and natural gas, the OCS contains 86 blaming all of Congress for high gas on Natural Resources. As such, the billion barrels of oil and 420 trillion and diesel prices. And I submit on my Chair finds that the motion to recom- cubic feet of natural gas. Both could be side of the aisle, by offering this mit is not germane. The point of order obtained safely and in an environ- amendment—that America wants— is sustained. mentally sound way. we’re doing our part to make things Mr. SALI. Madam Speaker, I appeal In addition, there are an estimated 18 right with the American people. the ruling of the Chair. billion barrels of oil and 76 trillion I invite my colleagues across the The SPEAKER pro tempore. The cubic feet of natural gas, or approxi- aisle, don’t sidestep this opportunity to question is, Shall the decision of the mately 20 percent of the undiscovered do the right thing because of a techni- Chair stand as the judgment of the technically recoverable resources in cality. Do the right thing. Vote for this House? the OCS that are completely off-limits motion to recommit so we can finally MOTION TO TABLE OFFERED BY MR. GRIJALVA today, but the extreme lobby that get the job done that the American Mr. GRIJALVA. Madam Speaker, I seems to have a grip on the majority’s public is demanding. move to table the appeal of the Chair.

VerDate Aug 31 2005 02:53 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.061 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7983 The SPEAKER pro tempore. The Visclosky Watson Wexler The SPEAKER pro tempore. The Walz (MN) Watt Wilson (OH) question is on the motion to table. Wasserman Waxman Woolsey Clerk will report the motion to recom- The question was taken; and the Schultz Weiner Wu mit. Speaker pro tempore announced that Waters Welch (VT) Yarmuth The Clerk read as follows: the ayes appeared to have it. NAYS—187 Mr Boehner moves to recommit the bill H.R. 3667 to the Committee on Natural Re- Mr. SALI. Madam Speaker, on that I Aderholt Foxx Myrick demand the yeas and nays. Akin Franks (AZ) Neugebauer sources with instructions to report the same The yeas and nays were ordered. Alexander Frelinghuysen Nunes back to the House promptly in the form to The SPEAKER pro tempore. Pursu- Bachmann Gallegly Paul which perfected at the time of this motion, Bachus Garrett (NJ) with the following amendment: ant to clause 8 and clause 9 of rule XX, Pence Barrett (SC) Gerlach Peterson (PA) After the new paragraph (19)(A) added to this 15-minute vote on the motion to Bartlett (MD) Gingrey Petri section 5(b) of the Wild and Scenic Rivers table will be followed by 5-minute Barton (TX) Gohmert Pickering Act, insert the following (and redesignate Biggert Goode votes on the passage of the bill, if aris- Platts the subsequent subparagraphs accordingly): Bilbray Goodlatte Poe ing without further proceedings in re- Bilirakis Granger ‘‘(B) include in the study completed under Price (GA) Bishop (UT) Graves this paragraph an assessment of any effect a committal, and the motion to suspend Pryce (OH) Blackburn Hall (TX) the rules with regard to H.R. 4081. Putnam wild and scenic designation in the study area Blunt Hastings (WA) The vote was taken by electronic de- Radanovich is likely to have on jobs, including agricul- Boehner Hayes tural employment;’’. vice, and there were—yeas 228, nays Bonner Hensarling Regula 187, not voting 18, as follows: Bono Mack Herger Rehberg The SPEAKER pro tempore. The gen- Boozman Hobson Renzi tleman from Ohio is recognized for 5 [Roll No. 582] Reynolds Boustany Hoekstra minutes. YEAS—228 Brady (TX) Hunter Rogers (AL) Broun (GA) Inglis (SC) Rogers (KY) Mr. BOEHNER. Madam Speaker and Abercrombie Giffords Moore (WI) Brown (SC) Issa Rogers (MI) my colleagues, on behalf of all my Re- Ackerman Gilchrest Moran (VA) Brown-Waite, Johnson (IL) Rohrabacher publican colleagues, I want to welcome Allen Gillibrand Murphy (CT) Ginny Johnson, Sam Roskam Altmire Gonzalez Murphy, Patrick Buchanan Jones (NC) Royce my Democrat colleagues back to the Andrews Gordon Murtha Burgess Jordan Ryan (WI) House. Arcuri Green, Al Nadler Burton (IN) Keller Sali Five weeks ago, after the protest of Baird Green, Gene Napolitano Buyer King (IA) Saxton Baldwin Grijalva Oberstar the minority, you adjourned the House Calvert King (NY) Scalise Barrow Gutierrez Obey Camp (MI) Kingston Schmidt without a vote on the American En- Bean Hall (NY) Olver Campbell (CA) Kirk Sensenbrenner ergy Act, H.R. 6566. You and your fel- Becerra Hare Pallone Cannon Kline (MN) Sessions Berkley Hastings (FL) Pascrell low Democrats left town for five weeks, Cantor Knollenberg Shadegg Berman Heller Pastor but Republicans refused to leave. And Capito Kuhl (NY) Shimkus Berry Herseth Sandlin Payne Carter Lamborn we were here each and every day dur- Bishop (GA) Higgins Perlmutter Shuster Castle Lampson Simpson ing the August recess talking to thou- Bishop (NY) Hill Pomeroy Chabot Latham Blumenauer Hinchey Porter Smith (NE) sands of Americans that were coming Childers LaTourette Smith (NJ) Boren Hirono Price (NC) Coble Latta through the Capitol, and we stood here Boswell Holden Rahall Smith (TX) Cole (OK) Lewis (CA) Souder every day asking for a vote on our bill Boucher Holt Ramstad Conaway Lewis (KY) Boyd (FL) Honda Rangel Stearns that does all of the above, the Amer- Crenshaw Linder Sullivan Boyda (KS) Hooley Reichert Cubin LoBiondo ican Energy Act; a bill that the Amer- Tancredo Brady (PA) Hoyer Reyes Culberson Lucas ican people want us to vote on. And Terry Braley (IA) Inslee Richardson Davis (KY) Lungren, Daniel Thornberry that’s all we’re asking for is a vote. Brown, Corrine Israel Rodriguez Davis, David E. Tiahrt And today, instead of allowing a vote Butterfield Jackson (IL) Ros-Lehtinen Davis, Tom Mack Tiberi Capps Jackson-Lee Ross Deal (GA) Manzullo on our all-of-the-above plan, there are Capuano (TX) Rothman Dent Marchant Turner rumors that there is going to be a bill Carnahan Jefferson Roybal-Allard Diaz-Balart, L. McCarthy (CA) Upton Carney Johnson (GA) Ruppersberger Walberg coming to the floor quickly that no one Diaz-Balart, M. McCaul (TX) has ever seen, that does some of the Carson Johnson, E. B. Rush Doolittle McCotter Walden (OR) Castor Kagen Ryan (OH) Drake McHenry Walsh (NY) above, maybe a little of the above, but Chandler Kanjorski Salazar Dreier McHugh Wamp clearly not what the American people Clarke Kaptur Sa´ nchez, Linda Duncan McKeon Weldon (FL) want, which is ‘‘all of the above,’’ some Clay Kennedy T. Ehlers McMorris Weller Cleaver Kildee Sanchez, Loretta Emerson Rodgers Westmoreland bill that’s being written in the back Clyburn Kilpatrick Sarbanes English (PA) Mica Whitfield (KY) room in the dark of night that no one Cohen Kind Schakowsky Everett Miller (FL) Wilson (NM) Conyers Klein (FL) Schiff has yet seen. Fallin Miller (MI) Wilson (SC) Now, listen, the American people Cooper Kucinich Schwartz Ferguson Miller, Gary Wittman (VA) Costa LaHood Scott (GA) Flake Moran (KS) Wolf don’t want a sham. They don’t want a Costello Langevin Scott (VA) Forbes Murphy, Tim Young (AK) hoax. They have suffered all summer Courtney Larsen (WA) Serrano Fortenberry Musgrave Young (FL) Cramer Larson (CT) Sestak long in the face of high gas prices and Crowley Lewis (GA) Shays NOT VOTING—18 high energy prices, and they are de- Cuellar Lipinski Shea-Porter Baca Harman McCrery manding a vote here in this Congress Cummings Loebsack Sherman Cardoza Hinojosa Neal (MA) Davis (CA) Lofgren, Zoe Shuler on a plan that does all of the above, Cazayoux Hodes Ortiz Davis (IL) Lowey Sires not some of the bill, not a little bit of Davis (AL) Hulshof Pearce Davis, Lincoln Lynch Skelton Feeney Lee Peterson (MN) the above, but all of the above. DeFazio Mahoney (FL) Slaughter Fossella Levin Pitts Madam Speaker, you promised that DeGette Maloney (NY) Smith (WA) this would be the most open and ac- Delahunt Markey Snyder b 1825 DeLauro Marshall Solis countable Congress in history. And in Dicks Matheson Space Mrs. MCMORRIS RODGERS changed that light, I respectfully ask you now Dingell Matsui Speier her vote from ‘‘yea’’ to ‘‘nay.’’ Doggett McCarthy (NY) Spratt give the American people a vote on the Donnelly McCollum (MN) Stark So the motion was agreed to. American Energy Act, H.R. 6566. Will it Doyle McDermott Stupak The result of the vote was announced be on the floor this week? Will you Edwards (MD) McGovern Sutton as above recorded. commit to giving the American people Edwards (TX) McIntyre Tanner A motion to reconsider was laid on Ellison McNerney Tauscher a straight up-or-down vote on a plan Ellsworth McNulty Taylor the table. they want, the all-of-the-above plan, Emanuel Meek (FL) Thompson (CA) MOTION TO RECOMMIT the American Energy Act? Engel Meeks (NY) Thompson (MS) Eshoo Melancon Tierney Mr. BOEHNER. Madam Speaker, I Madam Speaker, this is the U.S. Etheridge Michaud Towns have a motion to recommit at the House of Representatives. As all of my Farr Miller (NC) Tsongas desk. colleagues have known, we all refer to Fattah Miller, George Udall (CO) The SPEAKER pro tempore. Is the this as the people’s House because none Filner Mitchell Udall (NM) Foster Mollohan Van Hollen gentleman opposed to the bill? of us got here without being elected by Frank (MA) Moore (KS) Vela´ zquez Mr. BOEHNER. I am. all of the people in our districts. Why

VerDate Aug 31 2005 04:34 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.064 H10SEPT1 jbell on PROD1PC69 with HOUSE H7984 CONGRESSIONAL RECORD — HOUSE September 10, 2008 not let the House work its will? Why Johnson (IL) Mitchell Serrano NOT VOTING—16 Johnson, E. B. Mollohan Sestak Baca Hinojosa Ortiz not allow the Congress to decide the fu- Jones (NC) Moore (KS) Shays Berman Hodes ture of our energy security here in Kagen Moore (WI) Shea-Porter Peterson (MN) Cardoza Hulshof Kanjorski Moran (VA) Sherman Pitts America? And I don’t think the Amer- Cazayoux Lee Kaptur Murphy (CT) Shimkus Vela´ zquez ican people are going to rest until Con- Feeney Levin Kennedy Murphy, Patrick Shuler Harman McCrery gress takes action on energy that does Kildee Murphy, Tim Sires all of the above. Kilpatrick Murtha Skelton b 1849 So, Madam Speaker, I ask unanimous Kind Nadler Slaughter Messrs. FORBES and WITTMAN of consent to amend my motion to recom- King (NY) Napolitano Smith (NJ) Kirk Neal (MA) Smith (TX) Virginia changed their vote from ‘‘aye’’ mit to include the text of H.R. 6566, the Klein (FL) Oberstar Smith (WA) to ‘‘no.’’ Knollenberg Obey Snyder American Energy Act. So the bill was passed. The SPEAKER pro tempore. Is there Kucinich Olver Solis Kuhl (NY) Pallone Space The result of the vote was announced objection to the request of the gen- LaHood Pascrell Speier as above recorded. tleman from Ohio? Lampson Pastor Spratt A motion to reconsider was laid on Mr. GRIJALVA. I object. Langevin Payne Stark Larsen (WA) Perlmutter Stupak the table. The SPEAKER pro tempore. Objec- Larson (CT) Peterson (PA) Sutton f tion is heard. LaTourette Petri Tanner Mr. BOEHNER. Madam Speaker, this Lewis (CA) Platts Tauscher FURTHER MESSAGE FROM THE Lewis (GA) Pomeroy Taylor SENATE is a sham. I withdraw my motion. Lipinski Porter Terry The SPEAKER pro tempore. Without LoBiondo Price (NC) Thompson (CA) A further message from the Senate objection, the motion is withdrawn. Loebsack Pryce (OH) Thompson (MS) by Ms. Curtis, one of its clerks, an- Lofgren, Zoe Rahall Tiberi nounced that the Senate had passed There was no objection. Lowey Ramstad Tierney The SPEAKER pro tempore. The Lynch Rangel Towns with an amendment a bill of the House question is on the passage of the bill. Mahoney (FL) Rehberg Tsongas of the following title: The question was taken; and the Maloney (NY) Reichert Turner H.R. 6532. An act to amend the Internal Manzullo Renzi Udall (CO) Revenue Code of 1986 to restore the Highway Speaker pro tempore announced that Markey Reyes Udall (NM) the ayes appeared to have it. Marshall Richardson Upton Trust Fund balance. Matheson Rodriguez Van Hollen RECORDED VOTE f Matsui Rogers (AL) Visclosky Mr. GRIJALVA. Madam Speaker, I McCarthy (NY) Rogers (MI) Walden (OR) QUESTION OF PERSONAL demand a recorded vote. McCaul (TX) Ros-Lehtinen Walsh (NY) PRIVILEGE McCollum (MN) Ross Walz (MN) A recorded vote was ordered. McCotter Rothman Wasserman Mr. RANGEL. Madam Speaker, I rise The SPEAKER pro tempore. Pursu- McDermott Roybal-Allard Schultz on a question of personal privilege ant to clause 8 of rule XX, this 15- McGovern Ruppersberger Waters under rule IX. minute vote on passage will be fol- McHenry Rush Watson McHugh Ryan (OH) Watt The SPEAKER pro tempore. The lowed by a 5-minute vote on the mo- McIntyre Salazar Waxman Chair has been made aware of a valid tion to suspend the rules with regard to McKeon Sa´ nchez, Linda Weiner basis for the gentleman’s point of per- H.R. 4081. McNerney T. Welch (VT) sonal privilege. McNulty Sanchez, Loretta Weller The vote was taken by electronic de- Meek (FL) Sarbanes Wexler The gentleman from New York is rec- vice, and there were—ayes 299, noes 118, Meeks (NY) Saxton Whitfield (KY) ognized for 1 hour. not voting 16, as follows: Melancon Schakowsky Wilson (OH) (Mr. RANGEL asked and was given Michaud Schiff Wolf [Roll No. 583] Miller (MI) Schmidt Woolsey permission to revise and extend his re- AYES—299 Miller (NC) Schwartz Wu marks.) Miller, Gary Scott (GA) Yarmuth Mr. RANGEL. Not to worry, my Abercrombie Castle Etheridge Miller, George Scott (VA) Young (FL) Ackerman Castor Farr friend and colleagues. I have no inten- Alexander Chandler Fattah tions of keeping you for 1 hour, espe- NOES—118 Allen Childers Ferguson cially at this time of the day. But a Altmire Clarke Filner Aderholt Foxx Myrick Andrews Clay Fortenberry Akin Franks (AZ) Neugebauer couple of weeks ago the leadership of Arcuri Cleaver Fossella Bachmann Gingrey Nunes the minority had asked that I be Baird Clyburn Foster Bachus Gohmert Paul thrown out of the House and censured Baldwin Cohen Frank (MA) Barton (TX) Goode Pearce based on a newspaper story, and I just Barrett (SC) Conyers Frelinghuysen Bilbray Goodlatte Pence Barrow Cooper Gallegly Blackburn Granger Pickering want to thank those people who were Bartlett (MD) Costa Garrett (NJ) Blunt Graves Poe thoughtful enough to think that even Bean Costello Gerlach Boehner Hall (TX) Price (GA) Members of Congress at some times Becerra Courtney Giffords Boozman Hastings (WA) Putnam Berkley Cramer Gilchrest Boustany Heller Radanovich should not rely on newspaper stories, Berry Crowley Gillibrand Brady (TX) Hensarling Regula but rather the Ethics Committee, Biggert Cuellar Gonzalez Broun (GA) Herger Reynolds which is bipartisan. More recently, Bilirakis Cummings Gordon Brown (SC) Hobson Rogers (KY) however, my dear friend JOHN BOEHNER Bishop (GA) Davis (AL) Green, Al Burgess Hoekstra Rohrabacher Bishop (NY) Davis (CA) Green, Gene Burton (IN) Hunter Roskam has asked the Speaker to ask me to Bishop (UT) Davis (IL) Grijalva Buyer Issa Royce step aside as the chairman of the Ways Blumenauer Davis, Lincoln Gutierrez Calvert Johnson, Sam Ryan (WI) and Means Committee. Bonner Davis, Tom Hall (NY) Campbell (CA) Jordan Sali Now I say ‘‘my dear friend John Bono Mack DeFazio Hare Cantor Keller Scalise Boren DeGette Hastings (FL) Carter King (IA) Sensenbrenner Boehner,’’ not as this word is tossed Boswell Delahunt Hayes Chabot Kingston Sessions around in the House and Senate cas- Boucher DeLauro Herseth Sandlin Coble Kline (MN) Shadegg ually. I say it because JOHN BOEHNER Boyd (FL) Dent Higgins Cole (OK) Lamborn Shuster Boyda (KS) Diaz-Balart, L. Hill Conaway Latham Simpson has, for many, many years, been my Brady (PA) Diaz-Balart, M. Hinchey Crenshaw Latta Smith (NE) friend. We have worked so closely to- Braley (IA) Dicks Hirono Cubin Lewis (KY) Souder gether in bipartisan areas that just a Brown, Corrine Dingell Holden Culberson Linder Stearns couple of weeks ago he allowed me to Brown-Waite, Doggett Holt Davis (KY) Lucas Sullivan Ginny Donnelly Honda Davis, David Lungren, Daniel Tancredo strengthen my relationship with JIM Buchanan Doyle Hooley Deal (GA) E. Thornberry MCCRERY on the Ways and Means Com- Butterfield Edwards (MD) Hoyer Doolittle Mack Tiahrt mittee to get unemployment com- Camp (MI) Edwards (TX) Inglis (SC) Drake Marchant Walberg Cannon Ehlers Inslee Dreier McCarthy (CA) Wamp pensation passed, and lauded our ef- Capito Ellison Israel Duncan McMorris Weldon (FL) forts, as I lauded his. Capps Ellsworth Jackson (IL) Emerson Rodgers Westmoreland I look around and I see GEORGE MIL- Capuano Emanuel Jackson-Lee Everett Mica Wilson (NM) LER, who more than once said what a Carnahan Engel (TX) Fallin Miller (FL) Wilson (SC) Carney English (PA) Jefferson Flake Moran (KS) Wittman (VA) straight shooter he has been on Edu- Carson Eshoo Johnson (GA) Forbes Musgrave Young (AK) cation. STENY HOYER has reminded me

VerDate Aug 31 2005 04:34 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.067 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7985 that, you know, he may disagree with there is no question in my mind that at All of the reports would indicate that JOHN BOEHNER, but one thing is clear, the end of the day, when the dust set- RANGEL had a cash cow. RANGEL got that when you speak to him, that he tles, that this issue is going to be some money. No. What happened was says what he means and he means what moot. But I just don’t know what the anybody who had a villa, whatever he says. relationship between people is going to money they got, the hotel first would Well, I don’t really think he means be. So I don’t know the next move, but take their cut. Then they would take that I am incompetent and should step I would suggest that this is not the out taxes, they would take out renova- down. I don’t think he really means or way to go. tions, they would take out hurricane thinks that the Speaker is going to re- JOHN BOEHNER, JOHN BOEHNER, JOHN expenses, they would take out interest, move me from the House of Represent- BOEHNER. On the Tim Russert show, they would take out everything. At the atives. I don’t think that he thinks I what they did to my friend there in end of the thing, whether your place am a threat to this honorable House, saying that he was passing out illegal was used or not used, they would equal- which I am so proud to be a Member of. checks on the floor. A mistake? We all ly distribute the money. Some years it And for those people who say hey, let make them, and we all have to say we was $5,000. Some years it was nothing. the Ethics Committee make the deci- are sorry. But we all don’t have to at- How many times did I use it in the sion, I thank you for myself, for my tack each other, because at the end of nine weeks? I wish I had used it for name, for my friends and for my sup- the day, that is all we may have to do nine weeks. I never spent nine days porters. to each other and get nothing done. down there. I have never spent more But believe it or not, I want to do I am suggesting to you this: Mistakes than four days in any one year, and in this for the House of Representatives. I may have been made by me, and I brief- several years I never was able to get don’t want any Member, Republican or ly want to let you know the issues that there at all. Democrat, that is less politically se- are before the Ethics Committee as re- What has this got to do with the cure than me to go through what I lates to three subjects. And I will be charges and the allegations? The have had to go through for the last sev- brief. charges and the allegation is how did eral weeks, because for them they Some 20 years ago, I was in the Do- he get rid of the mortgage? And the minican Republic. I got a call from a never could survive. They would lose mortgage is that if I had done what I long and dear friend of mine to visit the election. And it won’t be of any- was supposed to have done, I would this place called Punta Cana, Domini- thing that the voters knew. It would be have found some way to find our how can Republic, where he had some what this Congress has done to each the allocation was there. Because le- dream of making this a resort. I didn’t other. gally and theoretically, the reduction want to go. My wife said friendship dic- You know, the Ways and Means Com- of the mortgage meant income was tated it. mittee, we made a special effort to be coming somewhere, even if I didn’t re- I got there and he was telling me civil, even when we disagreed. We are ceive it. so proud, with the support of Speaker about the dream. And I was impressed with his dream, but I said, what the b 1900 PELOSI, of STENY HOYER, and, yes, JOHN heck has that got to do with me? BOEHNER, working with us and trying And I should have found that out be- Well, he says, they want to start, to see what we can get done. cause, at the end of the day, my ac- they want to build some beach houses At the end of this election, this Con- countant tells me after 20 years of re- here, and there is the sand and there is gress is going to have serious things to search there would be no tax liability the beach, and I think it’s a good deal. because of the deduction of the foreign take care of. And we won’t have Demo- I said, it may be a good deal for you, tax, which was higher, because I was an cratic solutions to taxes and health but I really don’t need a beach house American and because of depreciation. and Social Security and the variety of and I can’t afford it. And, besides, They changed it and said that because things with peace and war. We are there is no house here. I sold the house that I was raised in going to have to resolve these issues as He says, no, we haven’t built them that it did not allow me to take full a United States Congress in a bipar- yet. tisan way. There is not going to be any So I said, look, Ted, I don’t have the credit that I could have done for that Democratic way to do it. time. year. It means, at the end of the day, And we are going to have to work to- By the time they showed me the my accountant believes that I would be gether, not because we like each other, renderings, and they told me that it liable for $5,000. Do I take that lightly? but we have a special responsibility to would cost $82,000, I said I wish I had No. the people of the United States to the $82,000. Good-bye. As a Member of Congress, as a public make certain that our reputations may He says, no, if you have got $28,000, servant, I should have a higher stand- be low in terms of production, but if then all they have to do is take the ard than most people. Whether I owed someone doesn’t get health care, rentals from it and reduce the mort- $5,000 or $5 million, it was wrong, but it doesn’t get that Social Security check, gages, and you can only use it for 9 certainly doesn’t mean that I should be or for any reason finds himself without months, but ultimately it would be kicked out of the House and say that I a house, they are not going to say the yours. caused disservice to this august body. I Democrats did it or the Republicans I said, we can talk. just hope none of you have ever made did it. They are going to say that this I refinanced my house. We had no mistakes on your income taxes, be- Congress let them down. It is going to savings, no nothing, and, quite frankly, cause what I have done is I’ve gone be difficult, no matter who is the Presi- I relied on the reputation, as I did then back 20 years and I’ve waived all stat- dent or who is in the leadership. and will now, of a guy whose reputa- utes, and I’m prepared to pay whatever But it does not help to polarize this tion is untouched. price there is, and I hope that at the body and take wild shots at each other, Gradually the mortgage was coming end of the day that will take care of whether they are chairmen or whether down. I had received no financial state- that. That’s the roughest one. they are freshmen, knowing that at the ment. I could not break the culture in The second thing is that one would end of the day you are not going to ac- terms of Dominican and Spanish. I re- have you to believe that I received complish anything substantive, but ceived no money, no check. Never did. some type of a gift in housing, because you are going to make it more difficult But let’s face it, I should have known. the headline is that RANGEL had four for us to get a law. And after this hit the fan, I had my subsidized apartments in New York. Do I say that JOHN BOEHNER knows lawyer to go. He broke the balance and The fact that there is no law in having this? I tell you this: To show you the found out the fact that they didn’t give four subsidized apartments in New depth of my friendship, I am embar- out statements. Some years there was York, of course, is no account to any- rassed that he feels he has to do this. no statement. There was a half a dozen body. I don’t have four apartments. There is no way in the world, based on statements that we have accumulated. Briefly, what happened is that, 20 his knowledge of my love for this And then we took the balance, added to years ago, the kids were grown. We got House, that he would believe that I the mortgage of about $50,000, another tired of paying the bills on our house would do anything to dishonor it. And $20,000 for another room. and getting into oil and doing all those

VerDate Aug 31 2005 04:34 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.070 H10SEPT1 jbell on PROD1PC69 with HOUSE H7986 CONGRESSIONAL RECORD — HOUSE September 10, 2008 things. My wife said let’s move to an Means Committee, one or the other. ed the expertise that I enjoyed in di- apartment. I’d spent all of my life on Somehow funds were coming in, so I recting fire on the enemy to 18 155-mil- 32nd Street and Lenox Avenue. She hired somebody. We worked down at limeter Howitzers at 75 shell bombs on finds a place on 35th and Lenox Ave- the political club. The money was com- the enemy. So, it was clear that I not nue. I refused to leave Harlem then as ing in. He said he needed a little help. only was unemployed but that I was I do now, and there was a place called He thought that I should open up a unemployable. It was clear in one day Lenox Terrace, where we now live, that headquarters. Well, I don’t agree in when I had my truck full of stuff on had so many vacancies. spending a lot of money, but he said the street in the Garment Center that At that time 20 years ago, there he’d heard that the Lenox Terrace, I joined the Army to avoid. The rain weren’t a whole lot of people who could where I lived, had people living in came; the boxes were scattered all afford not to live in Harlem, who were apartments that were converted but over, and the policeman was cursing rushing to get into Harlem. Crime was that were not commercial for running me out for blocking traffic. Sergeant really high. There were a lot of vacan- McDonald’s and other business. RANGEL was being cursed out on a pub- cies there, but they did have a door- I said, ‘‘Do what you want. We can af- lic street. man, and I felt since I was away from ford to do it.’’ I dropped everything. I went to the home so much that it might provide They got this apartment. A staff of VA, and I said, ‘‘I need some help.’’ some security to my wife. In that two became a staff of three, four and They told me that because I had to go house, people knowing that Alma five, and I guess the Republican cam- back to high school that I couldn’t go would want to leave, there was a pop- paign committee can tell you how suc- to college. I raised so much hell. Fi- ular reverend, a pastor, and he, too, cessful I’ve been. nally, because of the GI Bill—I was a was leaving Harlem and was leaving an It reached the point where they said, high school dropout—I got the training apartment that he had. I did not know ‘‘Look, Congressman. We’ve got too to become a Member of Congress, a and did not care that the apartment many people. There’s no air condi- member of the Ways and Means Com- that he managed to get for us actually tioning here. We need more space. mittee and become its chairman. had been two apartments. He had it as Things are going well. You’re sending Am I overzealous about education? one apartment. I got a lease for one out a lot of checks. We will not renew You bet your life. Do I go everywhere apartment. I paid rent for one apart- the lease.’’ This is before what hap- and tell businesspeople that you owe it ment. There’s no way in the world I pened in the paper. to this country to assist us in making can imagine what it looked like when I said, ‘‘Do what you have to do.’’ certain that Americans can produce, it was two apartments, and I don’t care They spoke with the landlord and ne- that we shouldn’t be embarrassed of what the architect says. Under the law, gotiated: an apartment with him for a having to import people here who have that is one apartment. larger staff, office accommodations in knowledge in science and all of that? I Ten years after I was in the apart- a place that was double the rent, much want America to be as strong as it can ment, my wife was notified by the larger, right there in the Lenox Ter- be, and I’m going to do everything le- landlord—incidentally, he was the one race, which means that everyone knew gally, morally and ethically possible to who was supposed to give me the gift. what they were doing and what other make certain that we support our I wouldn’t know what he looks like. people were doing. We decided it would young people and expose them to edu- I’ve never met him in my life or his be best just to leave the Lenox Terrace cation. agent, but he was saying that there in lieu of what happened because it was This CCNY, this City College of New was a studio apartment next to mine, just too awkward. York, has excelled. Colin Powell and so and did I have any interest in it. They That ends, once and for all, the whole many people had dreams and have suc- were really pushing apartments then. idea of a gift. I paid the maximum rent. ceeded. All I was saying is that we have My wife says she didn’t see any need If I’d decided that because I wanted to thousands of Barack Obamas in the for it. please somebody that I should look for Black community. We have so few who I said, ‘‘Well, let’s talk about this, a marketplace rent, I would not know are willing to get involved in public Alma. You don’t want my political where to go, but I sure am not going to service. They go to Wall Street. They friends to come here and talk in the give the landlord what I think is a make their money and they’re bright. living room. You get so tired of me higher rent because I want to please What I want to do is to encourage mi- doing my work, you know, while you’re somebody as to what is market rent, norities and be able to say, ‘‘Hey, you doing something else. You don’t want but if I’d left the apartment because of don’t have to run for public office, but any smoke in here. I can’t have a card some foolish, stupid reason, the land- please understand the importance of game here. Let’s take a look at this lord would’ve come in, slapped some public service.’’ They said, ‘‘There one room apartment.’’ paint on it and doubled the rent. So, should be a school for you to do that.’’ I took it, and I can tell you that it therefore, it would not be of any assist- I said, ‘‘Well, let’s get a school. Let’s saved my marriage. There’s not a day ance to somebody of a lesser income. do it.’’ They said, ‘‘Let’s do it.’’ when I’m home that I don’t spend some Whatever doubts you may have, Two, three days ago, I heard Sec- time just sitting there. Sometimes it’s which I don’t see how—I told somebody retary Rice talking to some group, and reading. Sometimes it’s studying. show me the gift, and I’ll walk away. she was saying that she goes to so Sometimes the gang comes. Sometimes Leave it to the bipartisan Ethics Com- many countries and that she doesn’t we raise a lot of devil. I pay the max- mittee to decide. It’s not only the right see people in the Foreign Service who imum rent for what cannot be de- and fair thing do. It’s the only thing to look like her. Those who look like the scribed physically as any more than do. gorgeous mosaic of America is not two apartments, but we can get two— The last point gives me a little more abroad. But she said, ‘‘Thanks to Con- the so-called fourth and third apart- difficulty. They are saying that I may gressman RANGEL, we have worked out ments. have used my stationery to solicit a program where we go to the histori- It’s hard for me to admit to those of funds for the City College of New York cally Black colleges where we train you who have a lot of political prob- for an institution that the board of these people there. When they grad- lems that, for most all of my political trustees has named the Charles Rangel uate, they not only have degrees, but life in Congress, I’ve never picked up Public School for Public Service. they are members of the Foreign Serv- the phone to ask anybody to give me I have to let you know that, on No- ice, and they learn to understand the any money because I’d never really had vember 30, 1950, I was shot and left for great contribution they can make to any problems. I did have a guy in dead in Korea, and I came home in ’52. this country.’’ That was what I wanted Washington that would give a fund- I had more medals, more self-esteem to do. raiser—one in Washington and one in than any guy 22 years old should have. I made certain that, in this letter, I New York—but it’s kind of hard, when The only time it was shattered is when did not ask for any public funds or for you’re not challenged, to ask for I went for a job and found out that no- any kind of funds at all, but they said, money, but I guess it was my person- body wanted heroes, that nobody want- because they knew that the reason I ality or my seniority on the Ways and ed infantry men and that nobody want- wanted these not-for-profit people,

VerDate Aug 31 2005 02:53 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.072 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7987 these private people, to take a look and lican? Was he fierce? Was he eloquent? raise serious questions, serious ques- see whether they could support this Was he liked? Yes. tions. not-for-profit public college, there may I don’t think I’ll live long enough to And I just—the point of the letter have been some stretch in the line be- see the days when we’ll have that type that was sent yesterday was to ask the cause it was on stationery. Had I not of relationship. The little we do have gentleman if he would step aside until had the seal that had the Capitol, it let’s not destroy. We have a big respon- the Ethics Committee had time to in- would have been all right. sibility to our Nation and to this Con- vestigate this. I’m glad this happened because I’m gress. I know in my heart that my I believe that the Ethics Committee going to find some way to do what I do, friend JOHN BOEHNER does not mean needs to do its job, not just in this and I’m going to do it the way the Eth- truly what he has said, and whoever case, but in all cases. And I’ve been ics Committee says to do it, but I hope has put him in the position where he concerned for some time that the Eth- I can get some of you to encourage the felt that he had to say it, hey, it’s cam- ics Committee has not been a func- private sector to do what our govern- paign time. I understand it. It has to tioning committee of the House. I un- ment is not doing. Education is too im- stop somewhere before we leave here. I derstand the current circumstances. portant to leave to the local and State hope it can stop now. We all understand the current cir- cumstances. schools. Corporations have an obliga- I yield back the balance of my time. But I don’t want to condemn the gen- tions to help us to educate our people. b 1915 tleman. I’ve never convicted the gen- Condoleezza Rice said it, and I truly tleman, nor would I, because he is my know that you believe a failure to edu- Mr. BOEHNER. Madam Speaker, I de- friend. But just because he’s my friend cate our young people is a threat to mand a point of personal privilege under the rules. doesn’t mean that I can excuse him our national security. If for whatever from the rules of the House or the law reason the Federal Government is not The SPEAKER pro tempore. The Chair has not been made aware of the of our land. doing it, everyone ought to do their And so I ask my colleagues to work basis for the point of personal privi- bit. So, whatever the Ethics Com- with us. I believe, like CHARLIE does, lege. Does the gentleman seek recogni- mittee says to do, we have to do. that we, as a Congress, have to find a tion under unanimous consent? Finally, I’ve changed my mind in way to get beyond what’s gone on Mr. BOEHNER. Madam Speaker, I bringing to your attention how they around here over the last 7 or 8 years, ask unanimous consent to speak out of beat up on Mr. BOEHNER on the Tim that we have to find a way to work to- Russert show: where he’s been, how he order for 1 minute. gether. got there and what he violated. At the The SPEAKER pro tempore. Is there If you look at the issues that CHAR- end of the day, I think I’m trying to objection? LIE and I have worked on, GEORGE MIL- make certain that my presentation There was no objection. LER and I have worked on, and a lot of ends up on as positive a note as I can (Mr. BOEHNER asked and was given other Members that I’ve worked on on because of my longtime respect for my permission to address the House for 1 both sides of the aisle, the big issues of friend. Mr. BOEHNER said it was a big minute.) our country will not get done by one mistake and I regret it. I shouldn’t Mr. BOEHNER. I appreciate all my side or the other. They will only be ad- have done it. It was an old practice in colleagues and their endurance in this. dressed in a bipartisan way if we’re the House that had gone on for a long And you all should know that CHARLIE going to be successful. And we know we time. Well, I think he knows what I’m RANGEL and I are friends. We’ve had have big issues facing this country that talking about. fierce debates. We’ve worked together are being ignored because we’re too If you made a mistake, I may have on many bills, and he’s someone who I busy clawing at each other. made a mistake. talk to virtually every day in this My intent here is not to claw at my I’ll tell you one thing. The judgment House. And it pains me, it pains me to friend from New York. My intent here of our mistakes should not be to attack do what I had to do on behalf of my is to have justice and to have all of us each other. It should not be to defame colleagues. live by the rules of the House. us in front of our family and friends. We all live under a system of laws; I’m sorry that I had to do it, but I Whatever difference that we had with not only all of us, but all of the Amer- have a job to do on behalf of my col- each other, that’s why we have the ican people. Those of us that work in leagues in this Chamber. I believe all of Ethics Committee. So, at the end of this Chamber, we work under a set of us are being held accountable and the day, that’s how it’s going to be re- laws and a set of rules. And when the should be held accountable. solved. We don’t have that many issues rules are violated, the court system Yes, I’ve made mistakes, and I’ve that we’ve got to work with, perhaps, doesn’t take into effect whether you paid for them. I just think that the in a bipartisan way. Whatever we have were aware of the rules or you were sooner we get this cleaned up, the bet- to do because of the election we have aware of the laws. You either violated ter. to do, and I don’t expect this short talk the laws or you didn’t. But, in the meantime, in fairness to is going to change anything, but I do And I say to my friend from New the Members of the House, that step- hope there is one thing that we keep in York that, considering the stories that ping aside would, in fact, be the right mind: that for those of us who are occurred over the summer about the thing to do. going to be here next year with a new rent-controlled apartments, the fact f administration, the last thing we have that one of them was a campaign of- PREVENT ALL CIGARETTE to do is to threaten each other politi- fice, you could conjure up the fact that TRAFFICKING ACT because it was rent-subsidized that it cally and destroy the friendships and The SPEAKER pro tempore. Pursu- the camaraderie that we have worked was, in fact, a campaign gift. And this ant to clause 8 of rule XX, the unfin- so hard to try to restore. latest round of stories—— ished business is the vote on the mo- I conclude by letting you know that Mr. RANGEL. Will you yield just on tion to suspend the rules and pass the some of you old-timers may know a that one point? bill, H.R. 4081, as amended, on which guy named Guy Vander Jagt. Guy Mr. BOEHNER. I will be happy to the yeas and nays were ordered. Vander Jagt was chairperson of the Re- yield. The Clerk read the title of the bill. publican Campaign Committee. Could Mr. RANGEL. Rent-subsidized. If you The SPEAKER pro tempore. The he speak? Could he raise money? Was lived a million years you could not tell question is on the motion offered by he partisan? Guy Vander Jagt was my where one subsidy came from. Sta- the gentleman from Virginia (Mr. friend. Guy Vander Jagt would come to bilization and subsidies are entirely SCOTT) that the House suspend the my fund-raisers. I would stop over to two different things. There is no sub- rules and pass the bill, H.R. 4081, as his. His wife and my wife are the best sidy involved. It’s a cap. amended. of friends. Even though Guy Vander Mr. BOEHNER. Reclaiming my time. This will be a 5-minute vote. Jagt is gone, they asked me to speak in And then this latest round of stories The vote was taken by electronic de- the Congress to say how he was loved that the gentleman from New York was vice, and there were—yeas 379, nays 12, by both sides. Was he a good Repub- kind enough to share with all of us not voting 42, as follows:

VerDate Aug 31 2005 04:34 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.073 H10SEPT1 jbell on PROD1PC69 with HOUSE H7988 CONGRESSIONAL RECORD — HOUSE September 10, 2008 [Roll No. 584] Richardson Sherman Towns AUTHORIZING THE SPEAKER TO Rodriguez Shimkus Tsongas YEAS—379 Rogers (AL) Shuler Turner ENTERTAIN MOTIONS TO SUS- Rogers (KY) Shuster Udall (CO) PEND THE RULES RELATING TO Abercrombie Diaz-Balart, M. Knollenberg Rogers (MI) Simpson Udall (NM) Ackerman Dingell Kucinich H.R. 6532 ON LEGISLATIVE DAY Rohrabacher Sires Upton Aderholt Doggett Kuhl (NY) OF THURSDAY, SEPTEMBER 11, Ros-Lehtinen Skelton Van Hollen Akin Donnelly LaHood Roskam Slaughter Visclosky 2008 Alexander Doolittle Lamborn Ross Smith (NE) Walberg Mr. MCDERMOTT. Mr. Speaker, I ask Allen Doyle Lampson Rothman Smith (NJ) Walden (OR) Altmire Drake Langevin Royce Smith (TX) Walsh (NY) unanimous consent that the Speaker Andrews Dreier Larsen (WA) Ruppersberger Smith (WA) Walz (MN) be authorized to entertain motions to Arcuri Duncan Larson (CT) Ryan (OH) Snyder Wamp Bachmann Edwards (MD) Latham suspend the rules relating to H.R. 6532 Ryan (WI) Souder Waters on the legislative day of Thursday, Bachus Edwards (TX) LaTourette Sali Space Watson Baird Ehlers Latta Sa´ nchez, Linda Speier Watt September 11, 2008. Baldwin Ellison Lewis (CA) T. Spratt Waxman The SPEAKER pro tempore (Mr. Barrett (SC) Emanuel Lewis (GA) Sanchez, Loretta Stark Weiner MURPHY of Connecticut). Is there ob- Barrow Emerson Lewis (KY) Sarbanes Stearns Welch (VT) Bartlett (MD) Engel Lipinski Scalise Stupak Weldon (FL) jection to the request of the gentleman Bean English (PA) LoBiondo Schakowsky Sutton Weller from Washington? Berkley Eshoo Loebsack Schiff Tancredo Wexler There was no objection. Berman Etheridge Lowey Schmidt Tanner Whitfield (KY) Berry Everett Lucas Schwartz Tauscher Wilson (NM) f Biggert Fallin Lungren, Daniel Scott (GA) Taylor Wilson (OH) PERSONAL EXPLANATION Bilirakis Farr E. Scott (VA) Terry Wilson (SC) Bishop (GA) Fattah Lynch Sensenbrenner Thompson (CA) Wittman (VA) Mr. SCOTT of Virginia. Mr. Speaker, Bishop (NY) Ferguson Mack Sessions Thompson (MS) Wolf I was in my district this morning and Bishop (UT) Filner Mahoney (FL) Sestak Thornberry Woolsey Blumenauer Forbes Maloney (NY) Shadegg Tiahrt Wu was unable to return until after votes Blunt Fortenberry Manzullo Shays Tiberi Yarmuth were called on rollcall 576, 577, 578, and Boehner Fossella Marchant Shea-Porter Tierney Young (FL) 579. I would have voted ‘‘yea’’ on all of Bonner Foster Markey those bills. Bono Mack Foxx Marshall NAYS—12 Boozman Frank (MA) Matheson f Boren Franks (AZ) Matsui Barton (TX) Ellsworth Oberstar Boswell Frelinghuysen McCarthy (CA) Broun (GA) Flake Paul AUTHORIZING THE CLERK TO Boucher Gallegly McCarthy (NY) Campbell (CA) Kingston Sullivan MAKE CORRECTIONS IN EN- Boustany Garrett (NJ) McCaul (TX) Coble McHenry Young (AK) Boyd (FL) Gerlach McCollum (MN) GROSSMENT OF H.R. 3667, Boyda (KS) Giffords McCotter NOT VOTING—42 MISSISQUOI AND TROUT RIVERS Brady (PA) Gilchrest McDermott Baca Hodes Rangel WILD AND SCENIC RIVER STUDY Brady (TX) Gillibrand McGovern Becerra Hulshof Renzi ACT OF 2008 Braley (IA) Gingrey McHugh Bilbray Johnson, Sam Brown (SC) Gohmert McIntyre Reyes Blackburn Lee Mr. WELCH of Vermont. Mr. Speak- Brown, Corrine Goode McKeon Roybal-Allard Buyer Levin er, I ask unanimous consent that the Brown-Waite, Goodlatte McMorris Rush Cardoza Linder Ginny Gordon Rodgers Salazar Clerk be authorized to make technical Cazayoux Lofgren, Zoe Buchanan Granger McNerney Saxton corrections in the engrossment of H.R. Cramer McCrery Burgess Graves McNulty Serrano Dicks Murtha 3667, including corrections in spelling, Burton (IN) Green, Al Meek (FL) Solis Feeney Napolitano Butterfield Green, Gene Meeks (NY) Vela´ zquez punctuation, section and title num- Gonzalez Ortiz Calvert Hall (NY) Melancon Wasserman bering, cross-referencing, conforming Grijalva Pastor Camp (MI) Hall (TX) Mica Gutierrez Pence Schultz amendments to the table of contents Cannon Hare Michaud Harman Peterson (MN) Westmoreland and short titles, and the insertion of Cantor Hastings (FL) Miller (FL) Hinojosa Pitts Capito Hastings (WA) Miller (MI) appropriate headings. Capps Hayes Miller (NC) The SPEAKER pro tempore. Is there Capuano Heller Miller, Gary b 1941 objection to the request of the gen- Carnahan Hensarling Miller, George tleman from Vermont? Carney Herger Mitchell Carson Herseth Sandlin Mollohan So (two-thirds being in the affirma- There was no objection. Carter Higgins Moore (KS) tive) the rules were suspended and the f Castle Hill Moore (WI) bill, as amended, was passed. Castor Hinchey Moran (KS) BURN THE BOOKS PART II Chabot Hirono Moran (VA) The result of the vote was announced Chandler Hobson Murphy (CT) as above recorded. (Mr. POE asked and was given per- Childers Hoekstra Murphy, Patrick mission to address the House for 1 Clarke Holden Murphy, Tim A motion to reconsider was laid on minute.) Clay Holt Musgrave the table. Mr. POE. Mr. Speaker, our country Cleaver Honda Myrick Clyburn Hooley Nadler takes pride in the first amendment Cohen Hoyer Neal (MA) f right of free speech and free press, but Cole (OK) Hunter Neugebauer it seems that philosophy is no longer Conaway Inglis (SC) Nunes Conyers Inslee Obey PERSONAL EXPLANATION applicable when it comes to criticizing Cooper Israel Olver certain religions. Costa Issa Pallone Ms. LEE. Madam Speaker, due to personal Random House Publishing has de- Costello Jackson (IL) Pascrell matters, today I missed rollcall vote No. 576 cided not to print the novel ‘‘The Jewel Courtney Jackson-Lee Payne Crenshaw (TX) Pearce on ordering the previous questions to provide of Medina’’ because Islamic radicals Crowley Jefferson Perlmutter for consideration of H.R. 3667, rollcall vote are a bit upset. Apparently, American Cubin Johnson (GA) Peterson (PA) No. 577 on passage of H. Res. 1419 to pro- author Sherry Jones hurt some feelings Cuellar Johnson (IL) Petri Culberson Johnson, E. B. Pickering vide for consideration of H.R. 3667, rollcall by writing a fiction book about Cummings Jones (NC) Platts vote No. 578 on final passage of H.R. 1527, Muhammad’s child bride Aisha. Now Davis (AL) Jordan Poe rollcall vote No. 579 on final passage of S. Random House has been intimidated Davis (CA) Kagen Pomeroy 2617. Had I been present, I would have voted into not publishing the book because a Davis (IL) Kanjorski Porter Davis (KY) Kaptur Price (GA) ‘‘yea.’’ On rollcall No. 580, on the motion that small radical group of Islamic individ- Davis, David Keller Price (NC) the Committee rise, rollcall vote No. 581, on uals object. Random House has given in Davis, Lincoln Kennedy Pryce (OH) agreeing to the Grijalva amendment to H.R. to the threats of the religious speech Davis, Tom Kildee Putnam Deal (GA) Kilpatrick Radanovich 3667, and rollcall vote No. 583, on final pas- and press police. DeFazio Kind Rahall sage of H.R. 3667, I would have voted ‘‘aye.’’ Author Salman Rushdie, who was DeGette King (IA) Ramstad On rollcall vote No. 581, on agreeing to the threatened by these same type of indi- Delahunt King (NY) Regula Grijalva Amendment to H.R. 3667, and rollcall viduals years ago because of his book, DeLauro Kirk Rehberg Dent Klein (FL) Reichert vote No. 584, on final passage of H.R. 4081, ‘‘The Satanic Verses,’’ said that, ‘‘This Diaz-Balart, L. Kline (MN) Reynolds I would have voted ‘‘yea’’. is censorship by fear.’’

VerDate Aug 31 2005 04:41 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.021 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7989 These Islamic radicals go throughout SPECIAL ORDERS The Jerusalem Post could not confirm the the world and denounce free speech and De Telegraaf report. The SPEAKER pro tempore. Under According to the report, information free press if the content is critical of the Speaker’s announced policy of Jan- Islam. Further, they demand censor- gleaned from the AIVD’s operation in Iran uary 18, 2007, and under a previous has provided several of the targets that are ship of the offensive material. Radicals order of the House, the following Mem- to be attacked in the strike, including ‘‘parts cannot control and suppress the first bers will be recognized for 5 minutes for missiles and launching equipment.’’ amendment because they don’t agree each. ‘‘Information from the AIVD operation has with what people say or print. Too bad been shared in recent years with the CIA,’’ f book publishers have given up their the report said. right to a free press because now a WE SHOULDN’T USE FORCE On Saturday, Iran’s Deputy Chief of Staff novel offends some religious group. AGAINST IRAN General Masoud Jazayeri warned that should the United States or Israel attack Iran, it And that’s just the way it is. The SPEAKER pro tempore. Under a would be the start of another World War. f previous order of the House, the gen- On Friday, Ma’ariv reported that Israel GIVE US A GOOD ENERGY BILL tleman from Washington (Mr. had made a strategic decision to deny Iran MCDERMOTT) is recognized for 5 min- military nuclear capability and would not (Mr. BURTON of Indiana asked and utes. hesitate ‘‘to take whatever means nec- was given permission to address the essary’’ to prevent Teheran from achieving Mr. MCDERMOTT. Mr. Speaker, the its nuclear goals. House for 1 minute and to revise and sounds we are hearing and the signals extend his remarks.) According to the report, whether the we are seeing from the administration United States and Western countries succeed Mr. BURTON of Indiana. Mr. Speak- remind me of the months leading up to er, during the August recess, I think a in thwarting the Islamic Republic’s nuclear the invasion of Iraq. For all those sup- ambitions diplomatically, through sanc- lot of my colleagues got the message porters of the President who claimed 6 tions, or whether a U.S. strike on Iran is from their constituents that they want years ago that military intervention in eventually decided upon, Jerusalem has an energy bill, they want energy inde- Iraq would be the U.S.’s last option, we begun preparing for a separate, independent pendence, and they want us to start now know the war was the first, pre- military strike. working on that right now. ordained and only option of the admin- I also enter into the RECORD the Au- I talked to some of my Democrat col- istration. They just had to cook the gust 29 Jerusalem Post story entitled, leagues today, and I had an indication books to make the American people be- ‘‘Israel reaches strategic decision not from them that we might have an en- lieve otherwise. to let Iran go nuclear.’’ ergy bill next week. All I wanted to say America has paid a very steep price: [From the Jerusalem Post, online edition, to the leadership on the Democrat side America has lost lives; Iraqis have lost Aug. 29, 2008] is, Give us an energy bill that we can lives; $1 trillion lost; American moral ISRAEL REACHES STRATEGIC DECISION NOT TO really support. Please don’t give us a leadership in the world lost. And we LET IRAN GO NUCLEAR facade. Don’t give us the frosting on cannot afford to let this administra- (By JPost.com Staff) the cake without the cake. We want an tion do it again with a military strike Israel will not agree to allow Iran to energy bill that will move us toward against Iran before the President and achieve nuclear weapons and if the grains energy independence that will allow us Vice President leave office in January. start running out in the proverbial egg to work and get energy from a whole The news of late is deeply troubling, timer, Jerusalem will not hesitate to take whatever means necessary to prevent Iran host of sources, as well as the alter- and we have a responsibility to remind native sources that we’re talking about from achieving its nuclear goals, the govern- the Americans of the administration’s ment has recently decided in a special dis- in the new technologies. penchant to conduct diplomacy with Give us a good energy bill. Don’t give cussion. bullets and bombs. us a piece of junk that we can’t vote According to the Israeli daily Ma’ariv, I believe the people have the right to whether the United States and Western for. know and the right to demand this ad- countries will succeed in toppling the aya- f ministration, and the Republican tick- tollah regime diplomatically, through sanc- b 1945 et for the Presidency, declare there be tions, or whether an American strike on Iran will eventually be decided upon, Jerusalem no military strike against Iran by U.S. NOW IS THE TIME TO ACT ON AN has put preparations for a separate, inde- ENERGY POLICY forces or on our behalf by a U.S. ally pendent military strike by Israel in high like Israel unless the Congress votes gear. (Mr. BRADY of Texas asked and was for it. So far, Israel has not received American given permission to address the House My concerns come directly out of the authorization to use U.S.-controlled Iraqi for 1 minute.) reporting by credible, mainstream airspace, nor has the defense establishment Mr. BRADY of Texas. Mr. Speaker, I international news organizations that been successful in securing the purchase of hoped to comment on the Democrat en- have built their reputation on credi- advanced U.S.-made warplanes which could ergy bill tonight, but it is still under facilitate an Israeli strike. bility. The Americans have offered Israel permis- construction in the back rooms. I enter into the RECORD a September What I don’t understand is why this sion to use a global early warning radar sys- 1 story from the Jerusalem Post. The tem, implying that the U.S. is pushing Israel Congress, this Democrat Congress, headline is: ‘‘Dutch intel: U.S. to strike to settle for defensive measures only. stands in the way of the American peo- Iran in coming weeks.’’ Because of Israel’s lack of strategic depth, ple and does not allow a straight up-or- [From the Jerusalem Post, Sept. 1, 2008] Jerusalem has consistently warned over the down vote on exploring for more en- pat years it will not settle for a ‘wait and DUTCH INTEL: U.S. TO STRIKE IRAN IN COMING ergy here in America. see’ approach and retaliate in case of attack, WEEKS Our Republican plan is simple: use but rather use preemption to prevent any less energy, find more sources here in (By JPost.com Staff) risk of being hit in the first place. America, conserve more, bring the re- The Dutch intelligence service, the AIVD, Ephraim Sneh a veteran Labor MK which newables online, but let’s explore more has called off an operation aimed at infil- has left the party recently, has sent a docu- trating and sabotaging Iran’s weapons indus- ment to both U.S. presidential candidates, for oil and gas in our deep ocean waters try due to an assessment that a U.S. attack John McCain and Barack Obama. The eight- and arctic reserve. That’s the only way on the Islamic Republic’s nuclear program is point document states that ‘‘there is no gov- we can have an affordable bridge to the imminent, according to a report in the coun- ernment in Jerusalem that would ever rec- future. We can reduce our dependence try’s De Telegraaf newspaper on Friday. oncile itself to a nuclear Iran. When it is on foreign oil, and again, give some The report claimed that the Dutch oper- clear Iran is on the verge of acquiring nu- help to the families and small busi- ation had been ‘‘extremely successful,’’ and clear weapons, an Israeli military strike to nesses and school districts across this had been stopped because the U.S. military prevent this will be seriously considered.’’ According to Ma’ariv, Sneh offered the two country who are suffering because of was planning to hit targets that were ‘‘con- nected with the Dutch espionage action.’’ candidates the ‘‘sane, cheap and the only op- high gas prices. The impending air-strike on Iran was to be tion that does not necessitate bloodshed.’’ Now is the time to act. Now is the carried out by unmanned aircraft ‘‘within To prevent Iran’s nuclear aspirations, Sneh time. We need a straight up-or-down weeks,’’ the report claimed, quoting ‘‘well wrote, ‘‘real’’ sanctions applied in concert by vote. placed’’ sources. the U.S. and Europe is necessary. A total

VerDate Aug 31 2005 04:41 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.077 H10SEPT1 jbell on PROD1PC69 with HOUSE H7990 CONGRESSIONAL RECORD — HOUSE September 10, 2008 embargo in spare parts for the oil industry They fear, and so do I, that this admin- protect the borders of other Nations and a total boycott of Iranian banks will istration will make the calculation throughout the world. We’re concerned topple, within a short time, the regime that as long as we drop bombs from about the border of Georgia, but yet which is already pressured by a sloping econ- 30,000 feet, or fire cruise missiles from this country still has no policy about omy and would be toppled by the Iranian people if they would have outside assistance. 300 miles offshore, the American people being concerned and enforcing border The window of opportunity Sneh suggests can be misled into another war. We security of our own Nation. is a year and a half to two years, until 2010. must not let that happen. Yes, Mr. Speaker, I’m talking about Sneh also visited Switzerland and Austria The current leadership in Iran has the southern border with Mexico, and last week in an attempt to lobby those two few, if any, friends in this House today, I’m talking about the northern border states. Both countries have announced mas- and I am not one of them. But we can- of Canada. Yet every day we still have sive long-term investments in Iranian gas not solve every challenge that con- hundreds of people crossing into the and oil fields for the next decade. United States illegally. It’s an invasion ‘‘Talk of the Jewish Holocaust and Israel’s fronts us with military confrontation. security doesn’t impress these guys,’’ Sneh And we cannot meet other challenges into our country. Without permission said wryly. when our moral high ground has turned people are coming into this country, Hearing his hosts speak of their future in- into the shifting sands during this ad- and they’re here for all purposes. Sure vestments, Sneh replied quietly ‘‘it’s a ministration. we hear about those who are over here shame, because Ido will light all this up.’’ He When Russia invades Georgia, who in trying to look for jobs, that supposedly was referring to Maj. Gen. Ido Nehushtan, the world is going to listen to the rhet- Americans won’t take. the recently appointed commander of the oric of a U.S. President who invaded But there are also other people com- Israeli Air Force and the man most likely to ing over here. We get the good, the bad be the one to orchestrate Israel’s attack on Iraq? Iran’s nuclear facilities, should this become When Iraq says set a timetable to and the ugly because we don’t secure the necessity. leave and this President says no, who our borders, and right now we’re get- ‘‘Investing in Iran in 2008,’’ Sneh told his in the world is going to listen to a ting a lot of bad and ugly. Mr. Speaker, Austrian hosts, ‘‘is like investing in Krups President who says Iraq is a sovereign if you don’t believe me, I will take you Steelworks in 1938, it’s a high risk invest- Nation? down to the Texas-Mexico border and ment.’’ The Austrians, according to Sneh, And when this administration says show you how the violence has gotten turned pale. they aren’t planning a military strike worse and worse because this Nation In related news, Israel Radio reported that Iran has finished installing an additional against Iran, why would anyone in the refuses to protect its own border from 4,000 centrifuges in the Natanz uranium en- world believe it when the fine print people coming in without permission. richment facility. The Islamic Republic also says all the options are still on the That’s very unfortunate. announced it will install an additional 3,000 table? We are in a Presidential campaign. centrifuges in coming months. Instead of occupying Iraq, the U.S. We hear a lot of talk about all kinds of The pan-Arabic Al Kuds al Arabi reported should be occupying the moral high issues, but yet I have not heard from Friday that Iran has equipped Hizbullah with ground, and we can start by stopping either Presidential candidate about a longer range missiles than those it had be- any effort to use force against Iran. plan to secure our borders. They’re fore the Second Lebanon War and also im- Let’s do it today before it’s too late. talking about everything else. I’d be proved the terror group’s targeting capabili- ties. We need, Mr. Speaker, a vote before we glad to take either one or both of them According to the report, which The Jeru- do anything against Iran. down to the Texas-Mexico border and salem Post could not verify independently, f show them what it’s like, the porous Hizbullah would begin a massive rocket on- border, because we don’t protect the slaught on targets reaching deep into Israel’s WE NEED TO PROTECT OUR sovereignty of our own Nation. civilian underbelly in case the Jewish State BORDERS But yet we’re concerned about the would launch an attack on Iran. The SPEAKER pro tempore. Under a Republic of Georgia halfway around These and other news stories should previous order of the House, the gen- the world and their border. Doesn’t remind us that this administration re- tleman from Texas (Mr. POE) is recog- make much sense to me. We should be mains in office for several months but nized for 5 minutes. just as concerned about our own bor- years ago forfeited their trust with the Mr. POE. Mr. Speaker, recently this ders as we are about borders of other American people over the Iraq War. country has been very concerned about people and give the money to our own What is especially worrisome to me something that’s taking place in lands people on our own border to secure it. is that the administration has shifted far, far away. It seems as though that We send $1 billion quickly to the Re- the Iraq war to the air in an effort to the Russians have decided to invade public of Georgia. What could our bor- make it an antiseptic war that might the Republic of Georgia. Many Ameri- der patrol agents do with $1 billion on be more acceptable to the American cans didn’t even know where the Re- the Texas-Mexico border? They could people. We’re grateful that U.S. casual- public of Georgia was. Now, most of us do a whole lot more. And they’re not ties in Iraq are down significantly, but know where it is and where it’s lo- getting it. They’re not getting the sup- when a war should never have been cated. port that they need. They’re doing the started, every single casualty is a price In fact, the government has been best job they can. The sheriffs all along too high. doing much lately, talking about this the border, from San Diego all the way And today, the U.S. is an unwelcome invasion of another country and very to Brownsville, they’re doing the best occupier, and the administration is ig- concerned about the people of South they can. noring the wishes of the elected Iraqi Ossetia that have now occupied or have But let me tell you something, Mr. Government to set a date to leave. In- their country or territory occupied by Speaker, the drug cartels have more stead, the White House is trying to run the Russians. In fact, the country is so money, they outgun our border secu- their country and continue this war. upset about this, our country, we have rity officials, and they’re more tena- Bombs falling from 30,000 feet have sent $1 billion to Georgia to help Geor- cious and they’re doing everything the same devastating impact on inno- gia, supposedly for humanitarian aid. they can to come into the United cent Iraq civilians as bullets and bombs But we seem to be somewhat con- States illegally. Yes, we’re getting all at street level. We just don’t hear cerned—and our rhetoric as a Nation is of them, we’re getting everybody be- about it much in the American news that one sovereign country has invaded cause we refuse to secure our border. media. But I hear about it from people the sovereign country of another, con- And we don’t need to do a whole lot in the Middle East who wonder if we cerned about the borders of the Repub- except enforce the laws we already will ever leave Iraq and worry that an lic of Georgia. have. It’s already illegal to come into antiseptic aerial war will be used It’s interesting to me that we are the United States without permission. against Iran. concerned about the sanctity and sov- Why don’t we enforce that law? We are Where once we stood tall on the ereignty of other Nations and their trying to enforce the border security of moral high ground, now decent people borders, but yet back here at home we Georgia. Let’s enforce the border secu- the world over question our motives, seem not to care about the sovereignty rity of our own Nation. That’s the pub- our resolve, and our moral leadership. and sanctity of our own borders. We lic duty our government has.

VerDate Aug 31 2005 03:43 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.023 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7991 We can work out the issues of what money for his sick mother. Since the handed down. Since then, the very foundation to do with people that are here ille- agents’ conviction, however, the Mexi- of this Nation has been stained by the blood gally down the road. America will do can drug smuggler was convicted for of almost 50 million of its own children. Some the right thing, but we can never deal additional smuggling offenses. His tes- of them, Mr. Speaker, cried and screamed as with that issue until we secure the bor- timony against the agents has been they died, but because it was amniotic fluid der. proven completely unreliable. passing over the vocal cords instead of air, we One of the things we ought to do is Those of us who have urged a pardon couldn’t hear them. enforce the rule of law, and if busi- for Ramos and Compean will continue All of them had at least four things in com- nesses choose to hire folks that are il- to support them in their future legal mon. First, they were each just little babies legally in the country and they know appeals, and we will work tirelessly to who had done nothing wrong to anyone, and they’re illegal, those business owners ensure that the miscarriage of justice each one of them died a nameless and lonely need to be prosecuted under current is corrected. The details of this case de- death. And each one of their mothers, whether law. We see a few of those CEOs be serve an unbiased review by the U.S. she realizes it or not, will never be quite the carted off to jail in handcuffs, maybe Department of Justice. I have also same. And all the gifts that these children they’ll quit hiring folks that are ille- asked JOHN CONYERS, chairman of the might have brought to humanity are now lost gally in the country. That’s just one House Judiciary Committee, to hold forever. Yet even in the glare of such tragedy, answer, but it’s already the law. hearings to examine the prosecution of this generation still clings to a blind, invincible So I encourage our government: en- these agents who were doing their job ignorance while history repeats itself and our force the law, protect our borders, se- to protect our border. own silent genocide mercilessly annihilates the cure our Nation first. That is the duty, Questions surrounding the prosecu- most helpless of all victims, those yet unborn. obligation, and moral duty of our gov- tion of this case deserve to be an- Mr. Speaker, perhaps it’s time for those of ernment. swered. For example, why was not the us in this Chamber to remind ourselves of why And that’s just the way it is. jury allowed to hear crucial evidence we are really all here. Thomas Jefferson said, ‘‘The care of human life and its happiness and f that the smuggler was a repeated of- not its destruction is the chief and only object The SPEAKER pro tempore. Under a fender? And why did the prosecutor of good government.’’ The phrase in the 14th previous order of the House, the gen- charge the agents under a statute that was intended for violent criminals car- Amendment capsulizes our entire Constitution. tleman from New Jersey (Mr. PALLONE) It says, ‘‘No State shall deprive any person of is recognized for 5 minutes. rying guns, not for law enforcement of- ficers acting in the line of duty? life, liberty or property without due process of (Mr. PALLONE addressed the House. law.’’ Mr. Speaker, protecting the lives of our His remarks will appear hereafter in Mr. Speaker, nothing can erase the innocent citizens and their constitutional rights the Extensions of Remarks.) suffering these agents have undergone and the months they have spent in is why we are all here. f prison in solitary confinement away The bedrock foundation of this Republic is the clarion declaration of the self-evident truth UNJUST PROSECUTION OF from their families, but I want the that all human beings are created equal and FORMER U.S. BORDER PATROL families of Ramos and Compean to endowed by their Creator with the unalienable AGENTS RAMOS AND COMPEAN know that my colleagues on both sides of the political aisle and I will con- rights of life, liberty and the pursuit of happi- The SPEAKER pro tempore. Under a tinue to do all we can to see this mis- ness. Every conflict and battle our Nation has previous order of the House, the gen- carriage of justice corrected. It is my ever faced can be traced to our commitment tleman from North Carolina (Mr. hope and prayer that one day soon to this core, self-evident truth. JONES) is recognized for 5 minutes. these two heros will be home with their It has made us the beacon of hope for the Mr. JONES. Mr. Speaker, yesterday, families. entire world. Mr. Speaker, it is who we are. I met with Monica Ramos, the wife of Mr. Speaker, I close by asking God to And yet today another day has passed, and imprisoned U.S. border patrol agent continue to bless our men and women we in this body have failed again to honor that Ignacio Ramos. I also met with her fa- in uniform and their families. And I foundational commitment. We have failed our ther, Mr. Joe Loya. ask God to please continue to bless the sworn oath and our God-given responsibility As the Members of this House are families of agents Ramos and Compean. as we broke faith with nearly 4,000 more inno- aware, in February of 2006, Agents And I ask God to continue to bless cent American babies who died today without Ramos and Compean were convicted of America. the protection we should have given them. shooting and wounding a Mexican drug So Mr. Speaker, let me conclude this Sun- smuggler who brought $1 million worth f set Memorial in the hope that perhaps some- of marijuana across our border into The SPEAKER pro tempore. Under a one new who heard it tonight will finally em- Texas. The two agents were sentenced previous order of the House, the gentle- brace the truth that abortion really does kill lit- to 11 and 12 years in prison respec- woman from California (Ms. WOOLSEY) tle babies; that it hurts mothers in ways that tively. They have been in Federal pris- is recognized for 5 minutes. we can never express; and that 13,015 days on, in solitary confinement, for 595 (Ms. WOOLSEY addressed the House. spent killing nearly 50 million unborn children days. Her remarks will appear hereafter in in America is enough; and that it is time that Mr. Speaker, I continue to be dis- the Extensions of Remarks.) we stood up together again, and remembered tressed by the actions of U.S. Attorney f that we are the same America that rejected Johnny Sutton and the prosecutors in human slavery and marched into Europe to ar- SUNSET MEMORIAL this case. rest the Nazi Holocaust; and we are still cou- Like thousands of Americans across The SPEAKER pro tempore. Under a rageous and compassionate enough to find a the country, I was extremely dis- previous order of the House, the gen- better way for mothers and their unborn ba- appointed by the ruling announced on tleman from Arizona (Mr. FRANKS) is bies than abortion on demand. July 28, 2008, by the Fifth Circuit Court recognized for 5 minutes. Mr. Speaker, as we consider the plight of of Appeals. The Court affirmed all con- Mr. FRANKS of Arizona. Mr. Speaker, I unborn America tonight, may we each remind victions except those for tampering stand once again before this House with yet ourselves that our own days in this sunshine with an official proceeding, but this another Sunset Memorial. of life are also numbered and that all too soon case is not closed. It is September 10, 2008 in the land of the each one of us will walk from these Chambers free and the home of the brave, and before for the very last time. b 2000 the sun set today in America, almost 4,000 And if it should be that this Congress is al- A conviction secured on the testi- more defenseless unborn children were killed lowed to convene on yet another day to come, mony of a known drug smuggler should by abortion on demand. That’s just today, Mr. may that be the day when we finally hear the not stand. The same drug smuggler Speaker. That’s more than the number of in- cries of innocent unborn children. May that be who told the Ramos and Compean jury nocent lives lost on September 11 in this the day when we find the humanity, the cour- that he did not carry a gun the day of country, only it happens every day. age, and the will to embrace together our the shooting also told the jury he was It has now been exactly 13,015 days since human and our constitutional duty to protect just a one-time offender who needed the tragedy called Roe v. Wade was first these, the least of our tiny, little American

VerDate Aug 31 2005 04:41 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 9920 E:\CR\FM\K10SE7.081 H10SEPT1 jbell on PROD1PC69 with HOUSE H7992 CONGRESSIONAL RECORD — HOUSE September 10, 2008 brothers and sisters from this murderous Harvard and Columbia have used the Mr. KAGEN. Mr. Speaker, I rise this scourge upon our Nation called abortion on reprogramming protocol to create 21 evening to present some of the stories demand. disease-specific stem cell lines that from northeast Wisconsin, a region in It is September 10, 2008, 13,015 days since will enable researchers to intimately the country known as ‘‘Paper Valley.’’ Roe versus Wade first stained the foundation study diseases such as Lou Gehrig’s We have, for over 150 years in Wis- of this Nation with the blood of its own chil- disease, Type I diabetes, Parkinson’s consin, been the leaders in the paper dren; this in the land of the free and the home and muscular dystrophy. And it is im- industry, not just paper manufac- of the brave. portant to note that this technique turing, but paper research, designing f also does not require the creation, de- new ways and new methods of manu- struction or even the presence of facturing and using paper products all STEM CELL RESEARCH human embryos. These cells may not throughout the world. We have led the The SPEAKER pro tempore. Under a be ready to transplant into humans in way because we’ve invested our edu- previous order of the House, the gen- the near term, but they will be avail- cational system, our time and energy tleman from Florida (Mr. WELDON) is able for research today and for use in in developing the industry. And now, recognized for 5 minutes. screening for drugs. across the country, all the paper indus- Mr. WELDON of Florida. Mr. Speak- So in a few short months, the prom- try is imperilled because of unfair, un- er, this summer has been a breath-tak- ise of regenerative medicine comes balanced trade deals, and a trading ing one for stem cell researchers closer to reality. Just last year, sci- partner that breaks the rules, and that around the world, but not because of entists and cloning advocates told us is Communist China. embryonic stem cells or cloning. Build- that we had to do human cloning—or at Recently, in November, the Inter- ing on important work published last least to create cloned human em- national Trade Commission ruled that year showing that it is possible to re- bryos—so that we could accomplish there was illegal paper coming into the program an adult cell back to its these two goals that were deemed es- United States, but there was no dam- primitive embryonic-like state, re- sential for moving regenerative medi- age, no damages to the paper industry searchers led by Doug Melton at Har- cine forward; creating disease-specific here in these United States. Well, vard University have done what was cell lines, and regenerating stem cells shortly thereafter, New Page Corpora- thought impossible only a few short that could be a perfect match for pa- tion closed the Niagara Paper Mill in years ago. Melton and his team used tients affected by these diseases. Niagara, Wisconsin, displacing hun- mice to show that it is possible to di- Both of these goals have been accom- dreds of workers who had been there rectly reprogram support cells or exo- plished with the reprogramming pro- for generations. crine cells of the pancreas into insulin- tocol; no cloning, no human embryo More recently, several days ago, in producing beta cells without ever re- stem cells required. To say it another Kimberly, Wisconsin, the Kimberly moving any cells from the pancreas. way, there is no medical reason to pro- Mill—and you’ve heard of Kimberly Amazingly, it appears that one adult ceed with research into cloning human Clark, you’ve heard of Kleenex, you’ve cell type has been directly and specifi- embryos for their stem cells because heard of other paper products and cally transformed into another adult that science is obsolete, it is more Huggies and diapers—listen, Kimberly, cell type. In other words, a simple in- cumbersome, it is more expensive. We the only mill that they’ve had, has jection of three critical reprogramming have a better, quicker, easier way to do been closed and shut down, shut down factors successfully produced insulin- it. because of the illegal competition from producing beta cells and gave patients Now, I will note that these research- Asian governments like both South with diabetes and their families new ers who were involved with these Korea and China. reason to hope in the power of regen- breath-taking breakthroughs have The decision by the International erative medicine. done the politically correct thing and Trade Commission was that there were Melton and his colleagues have have said we still have to move forward no damages. Well, I beg to differ. In my brought us one step closer to what with embryo stem cell research for office, I have a scroll signed by nearly many have called the ‘‘holy grail’’ of compelling reasons. What those com- 5,000 people from Kimberly and the sur- regenerative medicine. He has shown pelling reasons are I do not know. And rounding villages who have been dam- that, in principle, it is possible to in- I disagree with them. It cannot be de- aged. They are real people with real duce the body to heal itself by re- nied that research is moving forward at damages. One of the families, the Van programming one cell type into an- a breakneck speed, and the Bush policy Zeelands, are here with me in picture other. Imagine that; your beta cells is still fully in place. form. Bruce and his wife Nancy have can no longer make insulin and you are This work also lends more support three children, Alicia, Scott and diabetic, perhaps because of immune for all the adult stem cell work that we Courtney. And here is his statement destruction of your insulin-producing have been talking about in this body which I read on the floor this morning, cells like in Type I diabetes, or perhaps for years. For years, embryonic stem ‘‘It turned our life upside down. Work- because, like in Type II diabetes, your cell research advocates have claimed ing at one company for 28 years and insulin-producing cells have just given that only embryonic stem cells can be having no other skills to compete in up. transformed this way. Now we have di- this horrible job market. My wife is If the work Melton describes can be rect evidence that it is not necessary. struggling to find a full-time job now. reproduced in human patients, diabetes Science is moving beyond the debate. We cannot help out our three kids with patients would have to receive a simple Science is taking us in a direction of college. We worry about losing our injection, maybe two or three times, ethically responsible research. home.’’ And he’s not alone. There are and with that, their pancreas could re- hundreds of other workers and other sume producing insulin and they would f families with real damages that the be cured of their diabetes, no longer re- The SPEAKER pro tempore. Under a International Trade Commission may quiring insulin injections, no longer re- previous order of the House, the gen- not have considered. quiring painful pinpricks. tleman from Illinois (Mr. DAVIS) is rec- What about the family of Tom Of course, Melton’s work is a long ognized for 5 minutes. Sternhagen, who had worked for 29 way from the clinic. Mice are not peo- (Mr. DAVIS of Illinois addressed the years at the Kimberly mill? His wife ple, and some of the details must be House. His remarks will appear here- Maureen, his son Ben and daughter modified to ensure that the injection is after in the Extensions of Remarks.) Lexi, and here’s what he has to say. safe and won’t cause tumors. But this f ‘‘Can’t pay the mortgage. Can’t pay the work represents an enormous step for- property taxes. Our son can’t go to col- ward and should be pursued with all of UNFAIR TRADE lege. We have no more health insur- the resources NIH can provide. The SPEAKER pro tempore. Under a ance. Can’t make car payments. This is This exciting news comes on the previous order of the House, the gen- nothing but corporate greed with no re- heels of another announcement also tleman from Wisconsin (Mr. KAGEN) is gard for human life.’’ That is Tom this summer, that researchers from recognized for 5 minutes. Sternhagen.

VerDate Aug 31 2005 03:43 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.025 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7993 These are the views of normal, hard- (Mr. MORAN of Kansas addressed the got a problem, because as that price working people in northeast Wisconsin House. His remarks will appear here- keeps going up, they have to make who are suffering because of unfair after in the Extensions of Remarks.) tough decisions on manufacturing what trade deals and an administration that f they’re going to do in Ohio. will not allow the rule of law to take The SPEAKER pro tempore. Under a You know, we were talking about it place. previous order of the House, the gen- just not affecting the farmers and man- ufacturers out there, but it also affects The International Trade Commission tleman from Alabama (Mr. BACHUS) is got it wrong: There are real damages recognized for 5 minutes. everyone. For the man and woman on throughout Paper Valley and through- (Mr. BACHUS addressed the House. the street, when it comes to thinking out northeast Wisconsin. His remarks will appear hereafter in about their retirement and their future Now, what’s it going to take? What’s the Extensions of Remarks.) and putting their kids through college, it going to take to wake up America? they have to think, well, are we going We’ve been bleeding our jobs overseas f to put that in the gas tank, in the oil when instead we should be shipping our The SPEAKER pro tempore. Under a tank for fuel this winter and not buy values overseas, not our jobs. As Niag- previous order of the House, the gentle- that new car or that new washing ma- ara, Wisconsin goes, so goes our Na- woman from North Carolina (Ms. FOXX) chine that might be produced in the tion. And as Kimberly goes, so goes our is recognized for 5 minutes. northern part of Ohio? Nation as well. (Ms. FOXX addressed the House. Her I was fortunate enough earlier this It’s time for us here in the House of remarks will appear hereafter in the summer to go to ANWR with 10 other Representatives to work together Extensions of Remarks.) Members. And we went up there, we across party lines and make certain f saw Prudhoe Bay and what was being that we design balanced trade deals The SPEAKER pro tempore. Under a done there, and also looking at what such that when a ship comes over from previous order of the House, the gen- was right across from the line of the China with $50 million worth of goods tleman from Virginia (Mr. WOLF) is river of ANWR. And ANWR, if you and materials, they take back $50 mil- recognized for 5 minutes. don’t know, is the size of South Caro- lion worth of goods and materials made (Mr. WOLF addressed the House. His lina, about 19 million acres. We’re by our hardworking Americans. remarks will appear hereafter in the looking at an area that was set aside in Look, given a level playing field, we Extensions of Remarks.) 1980 of what they call section 1002 of about 1.5 million acres of that. And can out-compete and out-work any- f body. We are the most productive peo- when you get right down to it, all we’re The SPEAKER pro tempore. Under a ple ever on Earth. We have had a suc- talking about in this whole debate, previous order of the House, the gen- cessful middle class only because of our when we’re talking about ANWR, is an tleman from Georgia (Mr. PRICE) is rec- work ethic and the fact that we’ve had area of about 2,000 acres. And that ognized for 5 minutes. fair trade deals, free trade. The CAFTA translates to about 3.5 square miles in (Mr. PRICE of Georgia addressed the and NAFTA style trade deals are noth- size. But we’ve got to do it. Because House. His remarks will appear here- ing more than a free giveaway of Amer- what’s happening right now is, when after in the Extensions of Remarks.) ican jobs. the Alaskan pipeline was at its height, It’s time for America to wake up. f it was carrying about 2.1 million bar- Yes, let’s wake up together, let’s roll ENERGY CRISES AFFECTING rels of oil a day. up our sleeves, let’s work together in AMERICANS b 2015 this House and in this next election. The SPEAKER pro tempore. Under a Let’s elect a President who can think Today it’s carrying 700,000. We are previous order of the House, the gen- things all the way through, someone losing about 15 percent capacity every tleman from Ohio (Mr. LATTA) is recog- who is on the side of the Van Zeeland year in that pipeline. When it gets nized for 5 minutes. family, someone who is on our side for down to 3,000 barrels a day, it will no Mr. LATTA. Mr. Speaker, I represent a change. longer be able to flow and bring that one of the largest, if not the largest, ag oil south. That’s a real concern because f districts in the State of Ohio. Also, ac- right now we’re importing 70 percent of The SPEAKER pro tempore. Under a cording to the National Manufacturers the oil used in this country, 70 percent. previous order of the House, the gen- Association, I represent one of the top So what we need to do is be able to tleman from Minnesota (Mr. ELLISON) 10 manufacturing districts in the coun- take that oil that’s over in ANWR, is recognized for 5 minutes. try. And over this August break that about 10.3 billion barrels, and we can (Mr. ELLISON addressed the House. we had, I was across my district— put that 1 million barrels a day into His remarks will appear hereafter in north, south, east and west—having a that pipeline and bring it south. the Extensions of Remarks.) lot of meetings with farmers and a lot And why is that important? Well, it’s f of meetings with our manufacturers. important that we do things here in The SPEAKER pro tempore. Under a And the word wasn’t all that good. this country because right now we’re previous order of the House, the gen- Farmers were telling me that on many talking about having potentially about tleman from Indiana (Mr. BURTON) is a day they’re burning between $800 and 86 billion barrels offshore, we have recognized for 5 minutes. $1,000 a day for diesel. They’re paying about 2.1 trillion barrels of oil shale, (Mr. BURTON of Indiana addressed much higher costs for fertilizer and we’re looking at around 420 trillion the House. His remarks will appear chemicals—and in some cases these are cubic feet of natural gas that’s all off- hereafter in the Extensions of Re- up 3 to 3.5 times as much as they were limits right now. We also have 24 per- marks.) 2 to 3 years ago. cent of the world’s coal reserves. We Manufacturers: Not only the cost of have that technology, and some of that f shipping being up, but also the cost of was invented in my own district, to The SPEAKER pro tempore. Under a the product that they had to produce have clean coal technology. Because we previous order of the House, the gen- with. They took me into the ware- don’t have these surprises that we tleman from Oregon (Mr. DEFAZIO) is houses at the factories and they said, wake up to like we did today that the recognized for 5 minutes. you know, a year ago, if you would OPEC countries have decided to cut (Mr. DEFAZIO addressed the House. have been here, this entire warehouse back on production by about 520,000 His remarks will appear hereafter in would have been full of the product barrels of oil over the next 40 days. Im- the Extensions of Remarks.) that we needed to produce what we mediately the price of crude went up. f need to make our goods with. And Immediately we saw that, after watch- The SPEAKER pro tempore. Under a today, it is only a quarter full. But ing the price go up and up and up to previous order of the House, the gen- that’s the same price that we paid last about $147 a barrel, it was back under tleman from Kansas (Mr. MORAN) is year for this year, only a quarter. And $100 a barrel just briefly. And it’s time recognized for 5 minutes. it was an oil-based product. They’ve that this country take control of its

VerDate Aug 31 2005 03:43 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.089 H10SEPT1 jbell on PROD1PC69 with HOUSE H7994 CONGRESSIONAL RECORD — HOUSE September 10, 2008 own destiny when it comes to energy, and I’ll tell you what I saw. It was a tleman from Indiana (Mr. SOUDER) is and that’s why we need the all-of-the- flat, barren tundra. It looked like the recognized for 5 minutes. above strategy. That’s nuclear, that’s surface of the moon, not some rain for- Mr. SOUDER. Mr. Speaker, there are clean coal technology, that’s making est-style wilderness. There was not a a number of points I want to talk sure that we use hydroelectric, that we tree within 100 miles. And as I stood about tonight on energy. But first I are producing, that we are making sure there with the leader of Kaktovik, Mr. want to say that sometimes people get that we have oil and natural gas be- Felton Rexford, the leader of the local the feeling that we Republicans refer cause we are going to need that oil, Eskimo tribe, I said, ‘‘Where are all the to alternative energy as something we’re going to need that natural gas trees? Where’s the wilderness? that’s kind of window dressing because for the next 20 to 25 years. He said, ‘‘Congressman, there is no all we want to do is drill. We also have to look at the alter- wilderness here. There are no trees. I have been working with alternative natives because when we went to The closest tree is over 100 miles energy issues for over a decade here in ANWR, we stopped in Colorado and saw away.’’ Congress. In my district we now have what they were doing out there in the When you look at the size of ANWR, the largest integrated soy diesel plant National Renewable Laboratory deal- 19 million acres, the size of South Caro- in the world that Dreyfus has put near ing with solar, wind, hydrogen, eth- lina, you have to realize that the drill- Claypool just outside of Warsaw, Indi- anol, and biodiesel, and that’s inter- ing that we’re proposing is in a limited ana. I recently gave an award that I have, a Johnny Appleseed award, who’s esting to me because it’s all happening 2,000-acre section of 1002. That means literally 99.99 percent of ANWR is off- actually a real person buried in Ft. in my district, the Fifth Congressional limits and the tiny area that we would Wayne, to a local company, Sweet- District of Ohio. water Music, which is the greatest on- Mr. Speaker, it’s time for us to act. drill is a flat, frozen, barren tundra. To put that in perspective, it would be the line music company in the United f size of a stamp on a football field. States and in the world because it SKYROCKETING GAS PRICES The next issue: This would hurt the looks like they are going to be cer- The SPEAKER pro tempore (Mr. wildlife, particularly caribou and polar tified as the first gold business building bear. Well, there are 800,000 caribou in MURPHY of Connecticut). Under a pre- in the State of Indiana, at full green vious order of the House, the gen- Alaska, 5,000 polar bear. I saw them standards, first gold higher than plat- both on my trip. I can tell you the inum. And they’re doing it and they tleman from Florida (Mr. KELLER) is recognized for 5 minutes. numbers for both are up over the last did it in a way and the reason I wanted Mr. KELLER of Florida. Mr. Speak- 30 years, each and every year, accord- to highlight them is they can pay for er, I rise today to discuss the problem ing to the U.S. Fish and Wildlife Serv- the cost of their building with what of skyrocketing gas prices. When a sin- ice. In fact, next door to ANWR is they’ve saved in energy. I mean it pays gle mom in Orlando, Florida, is paying Prudhoe Bay, which is an existing oil for itself. A green building does not $80 to fill up her minivan, that’s a cri- field that’s owned by the State, and we have to be a drawback. At the same time, Merry Lea Envi- sis. The American people deserve some had caribou there in the mid 1970s to the tune of 3,000. They have increased ronmental Learning Center done by straight talk, and here it is: The main since then tenfold up to 30,000. Goshen College also has a platinum component of a price of gasoline at the So if those reasons aren’t valid, what standard building. I believe that the pump is crude oil. Crude oil is a com- are the real reasons we are not drilling wind power is a real alternative. modity governed by the law of supply in ANWR? Well, here is a quote from Parker-Hannifin in New Haven, Indi- and demand. Therefore, we must in- the head of the Sierra Club, Mr. Carl ana, I have an earmark set aside to crease our supply and reduce our de- Pope, and he says, ‘‘We are better off help them with their project. They do mand. To increase our supply, where is without cheap gas.’’ Better off without coolant systems, and they believe they the single largest source of untapped cheap gas. Tell the single mom paying can get 20 to 40 percent more energy crude oil in the United States? It’s in $80 to fill up her minivan that she’s out of each wind turbine by changing Alaska in an area called ANWR, spe- better off without cheap gas. Tell the the coolant standards. I have worked cifically in a section called 1002. airline employees who all just lost with solar energy in my district. Water I recently went to Alaska and toured their jobs that they’re better off with- Furnace, a company just highlighted in the entire northern slope, including the out cheap gas. Tell the small business the New York Times in the last week, 1002 section of ANWR. I will tell you employees who were just laid off that by recycling water for heating and why I did. The critics of Alaska oil their families are better off without cooling, can save an untold number of drilling say three things about ANWR: cheap gas. Tell the public school super- power plants in the United States if we They say, first, don’t drill there be- intendent that had to switch to a 4-day do that. Nevertheless, representing the cause there’s only a trivial amount of week because he can’t afford the number one manufacturing district in oil. Then they tell us that it would money for the buses that our children the United States. ruin the pristine wilderness. And, fi- are better off without cheap gas. Let me just say this: We need coal, nally, they say don’t do it because it Mr. Speaker, the American people nuclear, and drilling as well as all will hurt the wildlife there, particu- are hurting. We want you to put the or- these alternative energies. I have the larly the caribou and the polar bear. dinary Americans above the radical largest pickup plant in the world that Let me address all three issues head-on fringe environmental groups. We want does the Silverado and the Sierra. You as someone who has personally been you to give us an up-or-down vote on aren’t going to power this if we don’t there. the American Energy Act. We want have enough oil and gas. I have two First, is there a trivial amount of oil you to do it this September before tak- huge SDI steel plants that take more there? There’s 10.4 billion barrels of oil ing another vacation and take care of energy to make the steel than cities of there, according to the United States business. probably 75,000 to 100,000, possibly even Department of Interior. And 10.4 billion f double that, to 200,000, and everything barrels of oil is enough to provide all of The SPEAKER pro tempore. Under a in those cities to power those steel my home State of Florida’s energy previous order of the House, the gen- plants. Five new core facilities. needs for 29 years; 10.4 billion barrels of tleman from Pennsylvania (Mr. TIM Valbruna Steel. We aren’t going to do oil is enough to pump 1 million barrels MURPHY) is recognized for 5 minutes. this with a windmill standing up. of oil a day every single day for the (Mr. TIM MURPHY of Pennsylvania Those are supplemental power systems. next 30 years. Does that sound like a addressed the House. His remarks will But if we’re not going to have every trivial amount of oil to you? appear hereafter in the Extensions of company moving to China, we have to The next thing we heard is that it’s a Remarks.) have more energy in this country. The pristine wilderness. You can’t possibly f motor homes are not going to be pow- drill there. Well, I went there. I went ered by a little solar panel. And they’re to the town of Kaktovik, the only vil- ENERGY getting hammered right now, and 58 lage of ANWR, and I looked out and The SPEAKER pro tempore. Under a percent are in my district. The inter- was a little surprised by what I saw, previous order of the House, the gen- national trucks are not going to be

VerDate Aug 31 2005 04:41 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.099 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7995 powered by alternative energy. We uary 18, 2007, the gentlewoman from lems, our economic problems, they are need basic energy. Ohio (Ms. SUTTON) is recognized for 60 all in our head. In essence, he said that And I want to talk specifically to- minutes as the designee of the major- we are suffering from a mental reces- night about one. We hear about shale ity leader. sion. oil. This is what it looks like: layers of Ms. SUTTON. I am happy to be here You know, he called our country a rock, and then there is a layer that has today. We are here with some of the Nation of whiners. Well, I have to tell hydrocarbons that are packed in much other Members of the freshman class, you guys that as a Congresswoman like other oil that are in a solid piece the class of 2006, and I have heard some from Ohio in the 13th District, that the like this. This basically is the equiva- folks on the other side of the aisle in people I represent, they are not whin- lent of a gold nugget in the gold area recent moments talk about the fact ers. They have, unfortunately, too because you can see here it is a piece of that the American people deserve some many of them, felt the painful con- basically oil that by heating tech- straight talk. We could not agree more. sequences of the failures of the last 8 nology, this turns into high grade oil. And that is why we are here today, to years of this administration. We have 800 billion barrels of this. We talk about some of the things that So I am grateful that you’re here to- pump right now in the United States 20 aren’t being talked about quite as loud- night to help us describe, and frankly, million. We have 800 billion in just the ly on the other side of the aisle. the important thing is hold account- west Colorado, southwest Wyoming, Recently, earlier this week, the ad- able this administration for the fail- and Utah basin. This is not the Rocky ministration released its final mid-ses- ures that it is trying to disown. Mountains. It’s not by the Grand Te- sion review of the budget. The new The current administration, you all tons. It’s not by the Rocky Mountain budget document showed a record def- will know, is going to leave this Nation National Park. It’s in the big basin in icit for 2009, confirming that in 8 years with the largest deficit in history. I’m between the mountains because that’s this administration will have turned sure my colleagues here with me to- where you have the foliage and things the largest surpluses in history into night are going to talk about that. And that are packed together to do this. the largest deficits in history. the debt has ballooned as well. The eco- Now, you can do it in open-pit min- The dismal fiscal record is, unfortu- nomic growth has been, to give a com- ing like tar sands, and that’s what you nately, just one aspect of this adminis- plimentary spin, has been anemic, and see a lot in the news. But the Mahog- tration’s failed economic record. But is thousands, thousands of jobs have been any Research Project that Shell Oil that what the administration says to lost, household incomes have fallen, has, and you can find it on the Internet the American people? and the President’s fiscal policies have because they have now gone public for Now I just want us to take a moment imposed an amazingly heavy debt bur- a reason I will mention in a minute, and look at some of the comments that den on America’s families. and Chevron have ways to do this in have been coming out, not only from You know, I’d like to yield at this the ground so you don’t have open-pit the administration, but from the other time to the distinguished gentleman mining. They’ve already extracted side of the aisle in this body. here tonight, Representative PETER enough in their pilot projects that we In November of 2007, President WELCH from Vermont, who has been a were able to use it in our planes. We George W. Bush, the administration, tremendous agent of change in this don’t need oil at $120. Obviously at $40 said, ‘‘Sure, there’s some challenges body, and I look forward to seeing what it isn’t profitable. But in between there facing us, but the underpinnings of our this gentleman is going to be able to we have a lot of room to work to get economy are strong, and we are a resil- do, because it’s going to be a lot when this out of the ground. ient economy.’’ And then, in December we have more to work with in the next The reason they have gone public, be- of 2007, he said, ‘‘This economy is pret- administration. cause they were nearing the point of a ty good. There’s definitely some storm Mr. WELCH of Vermont. I thank my larger scale project, the House of Rep- clouds and concerns, but the underpin- friend, Representative SUTTON. This resentatives and the Senate banned ning is good.’’ And that was com- evening gives us an opportunity to shale oil drilling. The project has plemented by the leader of the Repub- take account, to look at the record, stopped cold. They have laid off the en- licans here in the House, who said in and reveal it to the American people. gineers. Chevron and Shell have had to July of this year, July 21 of 2008, We are in a season close to an election, stop. One project has gone ahead on the ‘‘While the economy is slow, we are where the American people are going open-pit mining. But the new stories in still seeing growth, and frankly, I have to have to make a decision, and it’s Colorado—this is a huge debate right got to tell you, I am shocked.’’ And going to be an extraordinarily con- now. Just about a month ago I went then he said way back in October of sequential decision. In the fog of a out. They have now opened it so Mem- 2006, Minority Leader BOEHNER, said as campaign, there’s an awful lot of rhet- bers of Congress can see it because follows, ‘‘Today’s announcement by oric back and forth, where those who they were trying to keep this tech- President Bush confirms that the pro- have not done much try to conceal it nology from each other and the dif- growth economic policies put in place with claims that they did, and try to ferent companies, but basically Shell by Republicans are working as planned shoot down the progress that has been and Chevron have gone public with this to spur economic growth and reduce made. technology because they were about to the deficit.’’ That was JOHN BOEHNER, Now we all know that when we get make it public. But we banned it, 800 October 11, 2006, Looking forward, try- going, and we are going to solve our billion barrels in the United States ing to suggest that the policies that problems, it’s going to have to be that does not have open-pit mining, have been pursued by this administra- working together. We have been doing that in the one experimental that they tion have benefited the American peo- our best to do that. But what we have did already, they have already done the ple. to do tonight is lay out what the record recovery of. It’s intense when they do Well, I am really glad that we have has been. it, but down in the ground, they basi- this opportunity to have the American What I want to talk about briefly are cally freeze the area around it, as you people join us this evening to talk two areas; one is deficit, to continue can see in the Mahogany Project, and about the real facts. And they are not what my friend, Representative SUT- get it out. pleasant because it’s a sad fact about TON was talking about, and the other is If we’re going to keep industry in some of the things that are happening on Iraq. The reason I want to talk America, we have to come up with out there. about them specifically is because it is American energy strategies. Do every- You know, these two, the administra- important for the American people to thing, including shale oil. tion, the President, and Minority Lead- know what they can expect from our f er BOEHNER, they are not the only peo- friends on the other side who have a b 2030 ple out there telling the American peo- clear record, and it is one that they are ple that the economy is good. Not so accountable for, but it has to be one THE DEFICIT long ago, in the not the distant past, that Americans are aware of. The SPEAKER pro tempore. Under we heard a top economic advisor to On deficits, taking up on what you the Speaker’s announced policy of Jan- Senator MCCAIN tell us that our prob- said, let me just read some quotes from

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.101 H10SEPT1 jbell on PROD1PC69 with HOUSE H7996 CONGRESSIONAL RECORD — HOUSE September 10, 2008 members of the administration to re- narios with reckless policies that have judgment, good judgment lead the way. mind the American people of what was caused, in a short time, 71⁄2 years, the It was poor judgment, after all, that promised, and then lay out some facts greatest explosion in the debt of the took us into war, based on lies and de- about what actually was done. United States government, which be- ceptions, and it was poor economic de- ‘‘Our budget will run a deficit that longs to you and me and the genera- cisions by this administration that led will be small and short term.’’ George tions that will come after us, that we to the policy of borrow and spend and Bush, in January of 2003. ‘‘We can pro- are going to have to repay, and it will borrow and spend. I don’t have to re- ceed with tax relief without fear of take generations to do. mind any of my colleagues what the budget deficits even if the economy I will yield back my time to the first two letters are of borrow and softens. Projections for the surplus in gentlelady from Ohio. spend. my budget are cautious and conserv- Ms. SUTTON. That is an amazing We have got to this point in time. It ative.’’ George Bush, March 27, 2001. record; not a good one, but it’s an may be dark. The lights aren’t out yet. ‘‘We are holding down government amazing record. It’s important that we We have some ideas, we have got the spending and reforming government, do share this with the American people energy, and we are on your side. We are and the good news is the deficit is com- because we need to know where we here to help lead us to a brighter fu- ing down.’’ OMB Director Jim Nussle, stand. What we also know that this ture. June 22, 2006. ‘‘I don’t like deficits, I isn’t the end of the story. We know it I yield back my time. don’t want deficits, and I won’t pretend doesn’t have to be this way. We can Ms. SUTTON. I thank the gentleman deficits don’t matter.’’ OMB Director make a change. We must make a for his very poignant remarks. There’s Jim Nussle, March 12, 2003. change. a question that has to be answered ‘‘Today’s announcement by President I know that our next speaker, and we also, and that question is: How many Bush confirms that the pro-growth eco- have been joined by Dr. STEVEN KAGEN, more families? How many more fami- nomic policies put in place by Repub- the Congressman from Wisconsin. I’d lies have to fall out of the middle class, licans are working as planned to spur like to throw it over to you. I know lose their jobs, their hopes, their economic growth and reduce the def- you have got some valuable insight to dreams before we change direction. But icit. Republicans are meeting our com- add. the good news is the opportunity for mitments to the American taxpayers Mr. KAGEN. Thank you very much change is on the horizon. by exercising fiscal restraint in pro- for yielding. I must say that Mr. WELCH At this point, I’d like to shift it over moting economic policies this create has explained it quite clearly. If I could to my good friend from Florida, a very jobs, all efforts which have produced a put it in just different words that I un- distinguished Member of this body, a strong economy that is working to derstand. Back home in Wisconsin, we new Member who came in charging, has drive down and eventually eliminate speak a little different that you all do already started to deliver change, and I our deficit.’’ JOHN BOEHNER, October 11, in Vermont. know is raring to deliver more in the 2006. We would say it this way. President next administration, Congressman RON What are the facts? That is the rhet- Bush has done all by himself, all by KLEIN. oric. What are the facts? President himself, what the Germans and Japa- Mr. KLEIN of Florida. I’d like to Bush and congressional Republicans, nese could not do in World War II. He thank the gentlewoman from Ohio and his allies, have turned a projected 10- has destroyed this country and every- all my colleague here tonight. I’m year, 10-year surplus of $5.6 trillion thing, everything that he said he was, going to carry this conversation a lit- into a projected 10-year deficit of $3.4 he is not. He is the opposite. He is not tle further about fiscal discipline be- trillion. That is a swing of $9 trillion in conservative, he wasn’t compassionate. cause all of us elected last year, Demo- one Presidency. When President Bush You cannot call it compassionate when crats and, interestingly enough, Repub- took office, there was a projected sur- the President and the Washington, DC, licans, have supported fiscal discipline, plus of $710 billion for fiscal year 2009. Republicans produce collateral damage but got way off track over the last 10 President Bush’s budget will create a like the family picture I show you years. It’s now the Democrats, many of $407 billion deficit for fiscal year 2009. here. us, who are sort of leading the fight. That is a swing of over $1 trillion. Now this could be Kimberly, Wis- We are the fiscal hawks. We are the Under the Bush administration, Re- consin, it could be West Palm Beach, ones saying this is totally unaccept- publicans created the five largest—one, Florida, it could be Denver, Colorado, able for all the reasons you heard to- two, three, four, five—five largest it could be anywhere in Ohio, where a night. budget deficits in American history, family has been dispossessed of their I think the gentleman from Vermont $378 billion, $413 billion, $318 billion, job and their hopes and their dreams. already mentioned this, but it’s worth $407 billion, and $438 billion now pro- This is a hardworking family. This is restating. The Bush administration is jected. the Wendel family. Don and his wife responsible for the five biggest deficits, The first 42 Presidents, the first 42 Ann. He worked at a paper mill for 30 and that total is a staggering amount. American President’s, borrowed a total years. And because of our trade deals But I want to just take that one step of $1 trillion. That was during wars, by that remain unenforced, unbalanced, further because this is the kind of the way; World War I, World War II, and unfair, the Chinese paper that change that we are going to deliver. the Korean conflict, Vietnam, com- came into our domestic marketplace Given the opportunities over the next bined. That is the total amount bor- cut off the business opportunity for the couple of years, hopefully in a bipar- rowed from foreign governments and fi- Kimberly mill. I am talking about tisan way, that is the way we get nancial institutions. Kimberly-Clark, where it came from, things done here, but looking at this In the 71⁄2 years of the Bush Presi- in Kimberly, Wisconsin. figure here, this is a chart that says: dency, President Bush has borrowed He lost his job. He lost his hope and Taxpayer spending on Iraq war versus more than $1.6 trillion. He borrowed his future. And he has to ask this es- Federal spending on other priorities. more in 71⁄2 years than 42 Presidents sential question, as do every single This is for last year, fiscal year. It has did in over 100 years of our history. voter this fall, every American right the cost of the Iraq war, $150 billion. When President Bush took office, we now has to ask themselves this ques- had a national debt that was $5.7 tril- tion: Whose side are we on? b 2045 lion. During his administration, that We are on the side of the Wendel fam- The cost of NIH funding, that is all has nearly doubled, and will reach $10.3 ily, whose been dispossessed. This is a the research that government does, all trillion by the end of fiscal year 2009. picture of the middle class. And this is the research on cancer and heart dis- This administration has presided what I would call collateral damage. ease and Alzheimer’s, all the things over a fiscal train wreck, and it is cre- We are in an economic battle, an eco- that afflict our families and our com- ating obviously a deep hole that we nomic war. We have to get our act to- munities, it is a substantial amount of have to climb out of, the American gether, not just here in the House, but money. But that figure, plus all the people have to climb out of, and it’s a in the Senate and in the White House. college tuition assistance, everything record of rhetoric of rosy fiscal sce- We have to work together and have we do to try to make sure that kids get

VerDate Aug 31 2005 04:34 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.102 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7997 into school and get a college education, mon sense. That is what we were told Bush-McCain policies. We are going to which we know is so important in the in the beginning. They have got the run the deficit to levels we have never world economy, plus the cost of all the money. seen before, which then have resulted children’s health care we provide in the Let’s get on with it. That is how we in foreclosures and a whole variety of United States, and all the cost of all can start putting Americans first and things, foreclosures, job losses, et the bridge repairs and road building all the priorities that are so important cetera. and all the things that go on in every to fixing our economy, getting jobs cre- We have to have a change. That single one of our communities, sewers, ated, getting an educational system, change will come in this election on roads, bridges, all those kinds of getting health care put back together, November 4th. We started this change things, if you take the cost of roads Social Security, Medicare, all the pri- in 2006 with the election of a Demo- and bridges, the cost of research, the orities that make America strong on cratic Congress. We have been able to cost of all the college tuition and the the inside first. provide minimum wage increases to cost of all the health care, that total So I think that is a very important people. We have changed, for instance, sum is less than what we spent on the point, and we finally got a little bit of the cost of student loans, so that more Iraq war. discussion on this. But the reality is people can take advantage of our high- Now, we debated at length whether this is the kind of leadership we are of- er education system. Democrats took the Iraq war is a good war or not or has fering and we are providing. on the pharmaceuticals, so that more accomplished a lot. I personally be- Mr. PERLMUTTER. If the gentleman people can have lower priced pharma- lieve, and I serve on the Foreign Af- would yield, I thank my friend from ceuticals. We have increased veterans fairs Committee, that, unfortunately, Florida for yielding, because as to the benefits more in the last year than at the real threat against our national se- very point you just raised, until March any other time in the 70-plus year his- curity is in Afghanistan. And it still 27, 2003, former Deputy Defense Sec- tory of the Veterans Administration. boggles my mind and most Americans retary Paul Wolfowitz said this. You This has happened under Democrats. that Osama bin Laden, who committed were talking about Iraq paying for its It is not the same old, failed policies the worst crime against Americans in own reconstruction and the costs at- that the Bush administration has had our history in the United States, is tendant to this war, which is running for the last 8 years or that the McCain still free somewhere in the world perpe- us anywhere between $2.5 and $3 billion campaign wants to perpetuate. We need trating additional threats against the a week, which we could use in any myr- a change, and that change will come United States through al Qaeda. iad of ways. with the election of a new President, The problem, of course, is that he He said back on that date, ‘‘There is and that President is going to be Sen- and others most likely are in Afghani- a lot of money to pay for this that ator BARACK OBAMA, and it is going to stan and Pakistan, the mountain areas doesn’t have to be U.S. taxpayer continue by the Democrats maintain- there. Unfortunately, we took our eye money, and it starts with the assets of ing a majority in this House. We can- off the ball. But let’s put that issue the Iraqi people. We are dealing with a not have more of the same. aside. Hopefully we will be able to deal country that can really finance its own There is real opportunity out there with that in the near future with the reconstruction, and relatively soon.’’ for this country. And we heard a little next President. And Don Rumsfeld said that ‘‘rel- bit today from the Republicans about Let’s just talk about, we have spent atively soon’’ could be 6 days, 6 weeks, drill here, drill now. They want to go $650 billion. I want everybody to re- he doubted 6 months. with the same old, tired energy policy, member this number, that is $339 mil- Well, we have been there now more which just is only oil and gas and just lion we are spending each day on the than 5 years, longer than it took for us drilling here and drilling now. I don’t war in Iraq, $339 million per day. Let’s to win World War II. And what we know exactly what they mean by drill think about what we could do with have, and I would like to point out the here and drill now. that money. I mean, we could have a chart that is next to me, is we have a We had a very interesting story debate at length here, and I am sure problem that has been created by the about an ethics scandal within the In- everybody listening tonight on the Bush administration, and Senator terior Department, where some mem- floor and throughout our country MCCAIN would like to perpetuate. bers of the Bush administration’s Inte- would have lots of good ideas that are So we have the Bush-McCain policies, rior Department, who are supposed to legitimate priorities for our country. the Bush-McCain policies being let’s be the watchdogs over the oil and gas Yet we are spending that amount of stay in Iraq. They don’t have to pay for companies who are supposed to pay money. anything. Senator MCCAIN said it royalties to this country for all of the Now, is there an answer that the might have to be 100 years. And at the minerals that they extract from the Democrats have put forward? You bet same time, cutting our revenues to this country. It said, ‘‘Investigators from there is. What was this war sold to us government, so we run up the highest the Interior Department’s Inspector on in terms of how it was going to be deficits on record. Under Ronald General’s Office,’’ this is in the Wash- paid for? Oil revenues. Iraq sits on the Reagan, under the first George Bush, ington Post today, it said, ‘‘More than third largest oil revenues and reserves we had big deficits, a surplus under Bill a dozen employees, including the of oil in the world; $80 billion, it is re- Clinton and the fiscal policies of the former director of the Oil Royalty Pro- ported, in banks, some of which is in Democrats, and then a gigantic deficit gram, accepted gifts, including ski New York. Eighty billion dollars. That under George Bush II. trips, sports tickets and golf outings.’’ money was supposed to pay for the cost What we need, ladies and gentlemen, The report alleges that the former di- of reconstruction of Iraq, the cost of what I say to my friends, both the rector netted more than $30,000. our military fuel and the cost also of Democrats and to the Republicans, is There was also the fact, they said, the retraining of the military in Iraq, we have to have a change. We cannot ‘‘the government officials accepted lav- our military training their military. have these same old, tired policies. If ish gifts, steered contracts to favored All legitimate things. Yet what has we have the same old, tired policies firms, and engaged in illicit sex with happened? President Bush has refused, with respect to our foreign affairs, such employees of the oil companies, Fed- the Republicans have refused to do as we are not going to charge the Iraqis eral investigators reported today.’’ that. for their reconstruction or we are So that is the same old thing. We are Now, I introduced a bill, H.R. 1111. never going to let them take their own so hooked on just one commodity, H.R. 1111. I said it is number one, put destiny into their hands, we are going which is oil, which obviously is going Americans first. I think most Ameri- to have these same old costs and same to be part of our energy package no cans would agree with that. Let’s take old losses of life to Americans who matter what. We are going to drill. We the money that Iraq has, it is $80 bil- have been in Iraq now for more than 5 are drilling. We are trying to extract lion, and let them pay for the cost of years. this. But we have to have a comprehen- their reconstruction, the cost of our If we have the same old economic sive energy plan, which is what the men and women training their mili- policies, which is what Senator MCCAIN Democrats are proposing and we will tary, and our fuel costs. That is com- would like to have, it is just more propose within the next couple of

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.104 H10SEPT1 jbell on PROD1PC69 with HOUSE H7998 CONGRESSIONAL RECORD — HOUSE September 10, 2008 weeks, which includes renewable en- This is what this government has left saw the job growth explode under the ergy, it includes coal, it includes en- us with, an economy that is suffering, former administration, the Clinton ad- ergy efficiency. deficits that are rising, and a govern- ministration. So there is hope for the Those are the kinds of things that ment that just doesn’t work any future. will provide thousands and thousands longer, whether it is the misuse of our Part of that, though, is going to and thousands of jobs in Colorado and funds in Iraq. We discovered in the revolve around getting a President who in the manufacturing areas of Ohio. Government Oversight Committee that understands that the economic policies That is the kind of forward looking, in- Mr. WELCH and I serve on that $9 bil- that we’ve been operating under need novative approach that we have to lion was wasted, unaccounted for at to change. The gentleman from Colo- take. That is what BARACK OBAMA is the beginning of the war, sometimes rado put it very well when he said we going to do. We are not going to have thrown out of pickup trucks in duffel need to get away from the same old, the same old, tired policies exemplified bags and never, ever seen again. Or tired policies, the same old, tired path. by the Bush administration that JOHN whether it is our response to Katrina We have trade policies that are ship- MCCAIN wants to keep going. and Rita, in which we left thousands, ping jobs overseas. Mr. MURPHY of Connecticut. If the tens of thousands of residents helpless We heard the gentleman from Wis- gentleman would yield? and hopeless. And now today we find consin talking about the beautiful fam- Mr. PERLMUTTER. The gentleman that we have unbelievably inappro- ily that is now in dire straits because would certainly yield to my friend priate relationships between the gov- of the paper company that has closed, from Connecticut. ernment and the oil and gas companies the paper mill. Well, do you know Mr. MURPHY of Connecticut. Thank seeking to lease our lands. what? The paper mills are starting to you very much, my friend from Colo- This is an economy that is in trouble close, and they’re closing in the wake rado. I am glad you brought up this because of the policies of this adminis- of the steel mills that have closed, and issue that has come up today. Really tration. This is a government which the steel mills have closed because you couldn’t write this. You couldn’t has simply fallen apart at the seams there were unfair tactics being used by make a movie that was more salacious because of mismanagement. And it all the Chinese, for the most part, in than the details that are being un- speaks to the change we so desperately dumping steel into this country, and veiled today in an article you ref- need. No more of the same. we couldn’t compete because you can’t erenced from the Washington Post re- JOHN MCCAIN’s campaign, as we always compete with people who are garding not only, it appears, monetary know, is run by the same crowd of lob- willing to cheat. It wasn’t through any favors, gifts, meals, trips, but sex and byists who have run the Bush adminis- fault of our own or through that of the drugs. This is a Hollywood blockbuster tration for the last 8 years. We need a workers who worked so hard and pro- that is being unveiled here, and it is all real change. This Congress with Demo- ductively in this country, but it on our dime. crats in charge has started it, but it worked so well for those who benefited What you are saying here is certainly comes to a completion this November. from it in foreign countries with steel relevant to the question of how we are All of it stops, the mismanagement of that now they do it with paper. It prob- running our energy policy in this coun- this war, the disastrous response to ably won’t end with paper, so we need try, that we have an administration natural disasters and these new revela- somebody who understands the need to that is so cozy to the energy industry tions about the corruption still en- reform, to make the government work, that it is not just leases that are being demic in our government. to make sure that when we have trade negotiated, but apparently it is drugs Ms. SUTTON, it can all change this policies that they don’t work against and sexual favors being negotiated. November. us. They can work with us and with our But what we are dealing with really Ms. SUTTON. I thank the gentleman workers and with our country and with here, Mr. PERLMUTTER, is a government for his remarks and for his forward our industries and with our businesses run amuck. This is, I think, sympto- looking hopefulness. And I think that here. matic of a much larger problem. We you are exactly right. Both of the gen- The good news is there is hope, but it are talking here about the economic tlemen have done a great job in laying is important that people know where disaster that this administration has out sort of where we are, where we we begin because change is so nec- wrought, and you can calculate that in have been and where we can go. essary. The same old, tired policies, so many different ways: wages flat To that end, we do want the Amer- they won’t take us where we want to while GDP goes up; deficits running ican people to take heart. We look at go. They’ll take us further down the into the trillions of dollars. this chart, and this is an important path where we find ourselves today. But what we also have seen is an ad- chart to me because it talks about ob- Mr. WELCH, do you have anything to ministration that just can’t run gov- viously the job growth that occurred add at this point? ernment any longer. They are wasting under President Bill Clinton, and it Mr. WELCH of Vermont. Well, I do our taxpayer dollars. Now, they also also talks about the disastrous job have something to add. I just want to happen to be wasting all of the money losses that, unfortunately, we have suf- go back to the question of Foreign Af- that they are borrowing from foreign fered through this administration. fairs and the war in Iraq, and I want to banks, but we are wasting a lot of our As the gentleman from Connecticut do what I did the last time when I was money too. pointed out, we need a government talking about the debt, which is to lay It is incredibly relevant that we are that works. We need a government that out some of the explicit statements here trying to expose the economic dis- works in economic policy and foreign and promises that the administration aster that the Bush administration has policy and energy policy. We need a made about this war and then lay out left us with that we are going to government that understands and is re- what the specific results have been. It’s change with the new administration. It sponsive to the cries of the people. important. It’s vitally important that is relevant that we are also talking the people of this country compare about this new revelation. b 2100 promises to results. This war, in my You have mentioned some of the de- We have people who are suffering. We view, has been a catastrophe, but here tails, but what we found in the Interior have working families who no longer is what top officials in the Bush admin- Department is what investigators call can put food on the table. We’re filling istration said: a ‘‘culture of substance abuse and up the food pantry lines. We’re having ‘‘It is unknowable how long that con- promiscuity.’’ Nineteen oil marketers to put more money into our food banks flict [the war in Iraq] will last. It could and other employers in the office are because we need to feed more hungry last 6 days, 6 weeks, I doubt 6 months,’’ accused of having personal and some- people. The good news is we’re feeding Donald Rumsfeld, February 2003, a times sexual relationships with rep- more hungry people. The bad news is month before the war. resentatives of a group of favorite oil there are more hungry people and peo- ‘‘There’s a lot of money to pay for and gas companies from 2002 to 2006. ple in poverty in this country. The this that doesn’t have to be U.S. tax- Mr. Speaker, this is from the Wash- good news, though, about this chart is payer money, and it starts with the as- ington Post story today. that it can change. It can change. We sets of the Iraqi people. We’re dealing

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.105 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H7999 with a country that can really finance need to build up alliances like George Congress. I was a physician. Still am. I its own reconstruction and relatively Bush’s father did in the first Gulf war, had a nice medical practice, but I got soon,’’ Paul Wolfowitz, former Deputy and you cavalierly go off with prom- involved in this line of work because Defense Secretary, March of 2003. ises, reckless promises, irresponsible we were headed in that wrong direction Of course, our friend from Florida promises by people in positions of great we’ve been describing. We have taken has outlined the truth that the Iraqi trust. The greatest trust that they since 2007 in January a positive change. money is in U.S. banks. Treasury have is that they have a duty to use We’ve been making incremental, small, money is going over to Iraq to finance due deliberation in the protection of little changes. It is so frustrating hav- things. the lives of the American people and of ing come from the world of business to ‘‘My belief is we will, in fact, be the American soldiers. They have to the world of government where changes greeted as liberators,’’ Vice President use due deliberation, careful thought, are so slow, but it’s so necessary. One DICK CHENEY. How bright he was, yes. responsible analysis in committing would think that the President took March 16, 2003. American power abroad and in commit- office to prove what government could ‘‘It’s hard to conceive that it would ting the lives of our soldiers abroad. not do, and it’s really incumbent upon take more forces to provide stability in They cavalierly made predictions. Vice us to prove that good government post-Saddam Iraq than it would to take President CHENEY will go down in his- could really make a positive difference to conduct the war, itself, and to se- tory as just having been totally out of in everybody’s lives. cure the surrender of Saddam’s secu- touch. The two lessons I’ve learned since rity forces and his army. Hard to imag- Mr. PERLMUTTER. Would the gen- getting into this world of politics is ine,’’ Deputy Defense Secretary Paul tleman from Vermont just yield for 30 that people will believe a lie if it’s pre- Wolfowitz. seconds? sented with great skill on television. ‘‘I don’t know where bin Laden is. I Mr. WELCH of Vermont. I will yield, People will believe a lie if it’s pre- have no idea and really don’t care. It’s yes. sented over and over with great skill. not that important. It’s not our pri- Mr. PERLMUTTER. In your litany of The other lie is that—well, it’s not ority,’’ President George Bush, Com- things where they made promises, really a lie. It’s a lesson. Politicians mander in Chief, March 2002. made promises, made promises, none of will determine who lives and who dies. ‘‘If we’re an arrogant Nation, they’ll them turned out to be accurate or true. It’s politicians here in this Chamber. resent us. If we’re a humble Nation but One of them that just still boggles It’s politicians in the White House who strong, they’ll welcome us [in Iraq],’’ my mind is, just a few weeks after the will determine who has access to George Bush. invasion into Iraq, George Bush was on health care and who does not, who will We know the facts. The war in Iraq that aircraft carrier, saying, ‘‘Mission determine who gets a great education has now lasted longer than the U.S. in- accomplished.’’ JOHN MCCAIN was say- and who does not, who will determine volvement in World War II. Four thou- ing, ‘‘Mission accomplished.’’ All of whether or not we truly become an en- sand one hundred fifty-five Americans these guys were saying, ‘‘Mission ac- ergy independent Nation or if we do have been killed in Iraq, and more than complished.’’ We are now 5-years plus not or who will determine if we ever go 30,000 troops have been wounded as of since that time. to war again based on lies and decep- September 7 of this year. No weapons Now, our men and our women have tions. That is why I emphasize the fact that of mass destruction were ever found. been doing an unbelievable job. Ini- we need in the White House today peo- That was the whole pretext that tially, their equipment was not proper. ple with good judgment, people who George Bush used to justify this war. Their vehicles weren’t built in a way can think things all the way through, More than $600 billion has been spent, that was safe. We’ve changed that. someone who will sign a bill to guar- none of it on the books incidentally, all We’ve helped them because they’ve antee access to 11 million children who on the credit card. Some projections done a job that has been above and be- are in need, someone who will sign that estimate that the war, when all of the yond the call of duty, but it’s the Com- bill, not veto that bill. I’m referring to expenses are paid, including what we mander in Chief and the judgment of the change, to the positive change, have to pay to provide health care to the Commander in Chief who is in place that we really need. our seriously injured soldiers, will ex- today that we have to question, his When you talk, Mr. WELCH, about the ceed $3 trillion. judgment and the judgment of whom war in Iraq, does anyone question that The Iraqi Government has now forced we want to be Commander in Chief. that war was a war of choice, not of ne- the Bush administration to accept Who has the right judgment? Who cessity? Does anyone believe that it something that many of us have been can really take our reputation from had not something to do with oil? Has arguing for four years, a timetable. It what’s now down in the gutter inter- the price of oil gone down since we’ve took the President of Iraq to force the nationally and raise it back up? Who occupied and have invaded Iraq? Not at President of the United States to get has the judgment to get this country all. Quite the contrary. real and to understand that what we working again? Who has the judgment So what we have to do in this Cham- can expect of the American taxpayer and the energy and the ability to renew ber is to begin to find a way forward to and what we can expect of the Amer- the strength of this country, to call on become fiscally responsible and to stay ican soldier has its limits and that it’s all of us to make the sacrifices and to true to our beliefs that we are also pro- time to start asking the Iraqis to step meet the challenges that we’ve got gressive-minded and that we really do up and to take on the burden of their ahead of us that we know will lead us care about the middle class. We need to own future. back to the great Nation that we are resuscitate that middle class as soon as America’s military is stretched thin. and to the great people that we are? possible. In the next several days, that There is just no dispute about this. It It’s not the same old administration. is why we are going to take up an en- weakens our ability to respond to other It’s not the same old people. It’s not ergy independence bill, a comprehen- threats. The chairman of the Joint the Karl Roves of the world. We’re sive national strategy to become en- Chiefs of Staff, Michael Mullen, has going to have to finish this change be- ergy independent once again. That’s stressed that the need for more troops cause we can do much better than what this Chamber has the responsi- in Afghanistan is great, but due to the we’ve done. bility of doing in a bipartisan way, and war in Iraq, they’re not available. The So, with that, I’ll yield to my friend I look forward to doing that in the next Bush administration has grossly ne- from Wisconsin. several days. glected Afghanistan and has failed to Mr. KAGEN. Thank you, Mr. Thank you, Mr. WELCH, for bringing acknowledge that that is a major PERLMUTTER. I couldn’t agree with you up the subject of war. threat. more. It really begs the question about Again, as Mr. PERLMUTTER pointed These are promises, the cavalier dis- not just whose side we’re on, but what out, it is our soldiers, the men and regard for the hidden consequences, the are the lessons that we’ve been learn- women who have volunteered to serve consequences beyond your control ing. in our Armed Services, who are paying when you embark on a war, on a I have not been in politics. I was in the price for our continued and seem- thoughtless war, and disregard the student council in 1966, and now I’m in ingly endless occupation in Iraq. Those

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.106 H10SEPT1 jbell on PROD1PC69 with HOUSE H8000 CONGRESSIONAL RECORD — HOUSE September 10, 2008 are the soldiers who have covered our months, 605,000 jobs were lost under ing a marriage between our Constitu- backs in battle, and we owe it to them this administration. You’ll hear in the tion and health care. to cover their backs when they return. Presidential election on the Repub- Now, if you read the Constitution, as I yield to Mr. KLEIN from Florida. lican side the same thing again and I have, it doesn’t say anywhere in here Mr. KLEIN of Florida. Thank you to again and again, the same economic that we have a constitutional right to the gentleman from Wisconsin. plan. It’s an old plan. It’s not getting health care. But we do have a right Just to pick up on your point on our us anywhere. that protects us against discrimina- men and women serving and our vet- I just want to point this out because tion. We have to apply that right that erans, I’m from Florida. Every one of we can do better. It’s one of those areas guarantees us protection from dis- us in our districts has a huge number again. This Congress has already done crimination to health care, to the of veterans—some from World War II, a number of things, I think, that are health care industry, so that all insur- some from the Korean war, some from very positive. We’ve passed the biggest ance companies will lose their oppor- Vietnam. Many of our Vietnam vet- increase in the Pell Grants in years. tunity to discriminate against you on erans today are hurting. Whether it’s For those who aren’t familiar with Pell the basis of a pre-existing condition. If Agent Orange or just age, itself, it has Grants, it’s those scholarships for we don’t stand up for our rights, we’re really begun to impact them. Now great students to get into college. The going to lose them, every single one of we’re creating a new generation of an kids in our communities want to get them, every single one of them. upwards of 2 million new veterans. We those great college educations. There So I look forward in this session and don’t want to create that next genera- are Pell Grants and other types of fi- the next, working with a President who tion of homeless. We know there are nancial incentives for kids to get into understands that discrimination is tak- huge post-traumatic stress issues asso- schools. ing place today in the health care in- ciated with it, but I’m particularly We recognize foreclosures are a big dustry. We must end discrimination proud in working with our local vet- problem in many of our communities. and put it where it belongs, into our erans’ organizations and national vet- My district in Fort Lauderdale has a past. erans’ organizations which gave our huge number of foreclosures. It’s not Mr. PERLMUTTER. leaders the recommendations of what just the individual person who is fore- Mr. PERLMUTTER. I thank my they need in order to eliminate the closed on; it’s the neighbors who are friend from Wisconsin. I’m going to backlog, to make sure that the care impacted, and it’s the depression on take a step back from the health care, was in place for evaluations of post- the value of homes, and it’s the com- talk about the GSEs, the Government traumatic stress or to recognize that, munities that are impacted and all of Sponsored Entities, the Federal Na- of the many men and women coming the things that go with it. tional Mortgage Association and the home today, back in the Vietnam war, Federal Home Loan Mortgage Corpora- they wouldn’t have lived with their b 2115 tion, which were, in effect, taken over, damage and with their injuries. That’s And we passed something that the placed into conservatorship. right. Today, they’re coming home, Congresses in the past should have And sometimes I charge my friends and we have a responsibility. I say this done in the last few years to prevent on the Republican side of the aisle with and people understand. Americans un- this from ever happening in the first not doing what needed to be done. But derstand. We stand up for our men and place. We actually did some things now in this instance they did, back in 2005, women who put the uniform on. That’s to help get people back on their feet pass legislation that would have pre- something we feel very strongly about, and fix that. vented, or at least somehow dealt with but we have to recognize that we will But look what happened last week these GSE problems, this takeover that have to provide for them for the rest of again. Fannie Mae and Freddie Mac, we had to have in the last few days. their lives and that we will have to another multi billion dollar bailout. And it was Mr. Oxley who was the support their families as well. That And why are they doing this? Well, chairman of the committee at the new GI Bill is key. It was the right they have to do it is what we’re told. time. There was a piece of legislation thing to do. For many of the people But the bottom line is again, a leg- passed. He was an Ohio Republican who who don’t even know this, it even al- acy of very, very bad economic plan- headed the House Financial Services, lows the balance of those benefits to go ning, very bad policies that this admin- this is from the Financial Times of yes- to the spouse and to the children. Isn’t istration and previous Congresses were terday, until his retirement at the mid that the right thing to do for the fami- not able to do anything or had no will term elections last year. Blames the lies? to do anything about. mess, meaning the takeover of Fannie Mr. KAGEN. Yes. Mr. KLEIN of Florida. I mean that’s The bottom line is, though, we are a Mae and Freddie Mac, on ideologues the ‘‘thank you’’ that Americans want resilient people as Americans. We have within the White House, as well as to give the men and women who serve a resilient economy, and we will get be- Alan Greenspan, former chairman of us, but when we are asked to serve in yond there. the Federal Reserve. He says, he fumes our military, we need to make sure it So I’m all for the education part; I’m about the criticism of his House col- is the right place and the right time all for the job training part, our com- leagues. All the hand wringing and bed and for our national security interests, munity colleges, our universities, our wetting is going on without remem- which is, unfortunately, what went scholarships, the job training, the skill bering how the House stepped up on wrong. sets to get everybody back to work and this. He continues, ‘‘What did we get The gentlewoman from Ohio, you the recognition that if we are going to from the White House? We got a one- have led the fight in this Congress on do some economic stimulus thing, let’s finger salute.’’ jobs. I’m from Ohio originally. You and get our infrastructure, let’s go out He finishes, ‘‘We missed a golden op- I talk about that. I grew up in Cleve- there in the community. portunity, we, being the United States land. Now, as a Floridian, I know we Mr. KAGEN. Would the gentleman of America missed a golden oppor- have a different set of economic issues yield? Thank you for yielding. tunity that would have avoided a lot of in Florida, but they’re very similar in On that front, the single greatest fis- problems we’re facing now if we hadn’t terms of jobs being lost overseas. I cal economic challenge we are going to had such a firm ideological position at want to point this board out real fast be facing is a health care crisis. It is the White House and the Treasury and here because it talks about jobs cre- the number one fiscal challenge for our the FED.’’ ated through August in President Clin- budget in the Federal Government. It’s We now have had to take over these ton’s years. also the major challenge of every busi- entities that have supplied money to There were 1.47 million jobs created ness, be it small or large business. It help us all buy houses for decades and under President Clinton. In President also challenges city governments, decades and decades, and it’s as a re- Bush’s 8 years—— whether it’s a town or a county govern- sult of a White House that didn’t be- Mr. KAGEN. In 8 months. ment and every family across America. lieve in any kind of regulation. We Mr. KLEIN of Florida. Excuse me. In And that is why I believe we have to talked about it just a few minutes ago, 8 months. Thank you. In these last 8 begin to have a discussion about mak- with these guys over at the Minerals

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.107 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H8001 Management Service and the frat been trod by this administration, the Social Security, on Medicare, veterans’ house that they ran where they were Bush and McCain policies of the past, benefits will continue to be the highest getting gifts and they were getting sex- we can do right by our Nation’s chil- priority and understanding that comes ual favors and all of that kind of stuff. dren for health care. We can do right first. This administration could have cared by the people out there who are fight- Getting our foreign policy, which I less about regulation, and this country ing for jobs, who are fighting for access serve on the committee, and many of has been damaged because of it. We to that which they need for their fami- you do, getting that re-established in a can’t have these same old policies any- lies, who are just fighting to keep a way that we earn the respect and work more, ladies and gentlemen. We can’t roof over their heads. And these people well with our partners around the afford it. This country can’t afford it. are doing things right. They’re doing world to really make sure that our na- We’re too great a Nation. We’re too everything right. And yet, this is a tional security is protected. And most great a people. Our neighbors, our country, when you do things right, you importantly, get our economy, our friends, our families sacrifice too much ought to be able to make it. And we American families in Ohio, in West to have this kind of approach by peo- can do that again. And we can, working Virginia and Wisconsin and Florida, in ple, whether it’s not regulating big with BARACK OBAMA in the White Seattle, everywhere, all over the coun- government entities or sleeping with House, it will make all the difference try, that we will get them back in the people you’re supposed to regulate. in the world. shape and give those Americans the op- We can’t have that anymore. We can’t Mr. KLEIN, would you like to share portunities that they’ve always had. have more of the same. with us your thoughts and perhaps And every generation, that principle of We need a change. We need a new di- wrap up here a little bit? every generation having it a little bet- rection. That new direction is going to Mr. KLEIN of Florida. Well, I think ter than the last generation. It’s what be BARACK OBAMA, it’s going to be the it’s really been an honor and privilege my parents fought for. It’s what my Democrats. We’ve got to finish the to be with my colleagues tonight. It’s grandparents fought for and it’s what change that was begun in 2006 with the been an honor and privilege to serve as we fight for our children. election of a new White House with the freshman class, as Democrats and So I thank our President, Madam new policies that are going to renew serving with our Republican colleagues BETTY SUTTON from Ohio, PETER this Nation. And we can do that. And I as well. This is a great institution. Our WELCH from Vermont, Mr. PERLMUTTER know that, by all of us working to- country is a great country. from the great State of Colorado, Dr. gether, there really is hope for this Na- We’ve pointed out, as you said from KAGEN from Wisconsin, Mr. MURPHY tion, and we’re going to take the ac- the very beginning, where we’re start- from Connecticut. It’s just a small rep- tion that brings about jobs and health ing from. That’s the reality. I mean, as resentation of a great group of people care and, really, a return to what we decisionmakers, if you’re in business or that really are working very hard to do know is great about this Nation. you run your household, you always the right thing by Americans and get Mr. KAGEN. Together we will. have to know where you start from in Mr. PERLMUTTER. And so I’d like our country back on track. order to make good decisions going for- to turn it back to the President of our Thank you very much, Madam ward. Speaker. class, the Honorable BETTY SUTTON And unfortunately, our next Presi- from Ohio. Ms. SUTTON. I think that was a dent and this next Congress and our Ms. SUTTON. I thank the gentleman great wrap up. I’d like to just, if I from Colorado, and you put it so well. country is going to be saddled for a lit- could, point it back over to Represent- You put it so well. Our country de- tle while with debt. And that’s some- ative KAGEN from Wisconsin, because I serves better, and we need to deliver thing we can start to dig our way out. think, again, what we’re talking about better with a new president. And And one thing that we did in this Con- here are the faces in that picture and gress, Democrats leading the charge BARACK OBAMA has the potential to the opportunity and the potential that make that happen, and we are ready, here on our fiscal conservative policies we know that this country is full of and we want to work in a bipartisan is PAYGO. And that’s a principle that and we have to help unleash so it way to help him get us where we need everybody operates. You may not know works for the people in that photo- to go, where we know we can go on all what that means. PAYGO, pay as you graph and people all across this coun- of these issues with the economy, with go. It’s the most simple principle. If try, and certainly the people in Ohio’s health care. you have a checkbook, you can’t spend 13 District. Health care has been a tragedy. The more money than what’s in your Dr. KAGEN. President, the Bush administration checkbook. Or if you have a credit Mr. KAGEN. You’re looking at the started out, the President saying card, you can’t spend more money than face of America, from the middle part America’s children must also have a you can afford to pay back every of the country in Northeast Wisconsin, healthy start in life. And a new term month. and they may have lost their job, but will lead an aggressive effort to enroll Well, why should Congress, in the they will not give up their hope. millions of poor children who are eligi- last 6 years under the administration, We’re all working hard here to bring ble but not signed up for government operate under this principle of because about the changes, we need like knock- health insurance programs. He said we can print money, they just keep ing down the price for energy and gas that in September of 2004. printing? and heating fuel, like bringing on the But nearly 1 in 9 children does not Well, fortunately last year a new higher-wage jobs that we need just to have health insurance. And the Presi- principle is involved here. And now, put a roof over our head and guarantee dent vetoed the expansion of SCHIP when we pass a bill, unless it’s an that our children have an opportunity that he called for in 2004. And House emergency, we have to make sure the to get the great education that they re- Republicans voted to sustain that veto, money is in the budget. No, based on quire. leaving millions of children without speculation that in the next number of And most importantly to me, as a health insurance. months we’re going to have all this physician and a legislator, we’re going We also know that health premiums new revenue in here. Things have to provide access to affordable care for have increased 78 percent since the ad- slowed down a little bit, so we have to every citizen everywhere in these ministration took office. And the num- be realistic. That’s exactly what the United States. The face of America, ber of Americans covered by private American people expect, and that’s the keep hope high. We’re here to help you. employer-provided insurance has de- kind of leadership we’re delivering. Ms. SUTTON. I yield back. creased 7 years in a row. It is a com- So I am pretty excited about the fis- f petitiveness issue as well for our busi- cal policies under this Congress, and nesses. Our employers cannot bear this we’re beginning to get them where THE TRUTH SQUAD burden and compete effectively. This is they should be. A new president with The SPEAKER pro tempore (Mr. a national emergency. new policies, not tied to the old poli- MCNERNEY). Under the Speaker’s an- But again, the good news is that if we cies as we’ve been talking tonight will nounced policy of January 18, 2007, the deviate away from the path that has deliver on that on our health care, on gentlewoman from North Carolina (Ms.

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.108 H10SEPT1 jbell on PROD1PC69 with HOUSE H8002 CONGRESSIONAL RECORD — HOUSE September 10, 2008 FOXX) is recognized for 60 minutes as tion. Let me remind the American peo- try so well as a member of the Intel- the designee of the minority leader. ple that President Clinton had a Demo- ligence Committee, Ranking Member Ms. FOXX. Mr. Speaker, there’s so cratic Congress for the first 2 years of of the Intelligence Committee and for- much that needs to be said tonight and his administration, and those 2 years mally chairman of the Intelligence 1 hour’s just not enough time to do it. were not good for this economy. In Committee, to allow him to offer some I think I want to recommend that peo- fact, they were pretty rotten, 1992 and comments on the energy issue and to ple read, again, if you haven’t read, the 1993. The Republicans took control of bring his perspective to this. book, 1984, because what you’ve seen the House in 1994, in the fall of 1994, Mr. HOEKSTRA. I thank my col- exhibited here tonight is a living exam- and came into office in 1995. Certainly league for yielding. And as we go ple of that book, where people distort we had a good economy under Presi- through the next period of time, we the facts, they distort the past, and dent Clinton, but it was because the may have the opportunity to have certainly distort the facts. Republicans were in charge of the Con- more of a dialogue to talk a little bit I do have to say a couple of things. gress. about the energy issue and the chal- We’re here tonight to talk about en- The Democrats conveniently leave lenges that we are facing as a Nation. ergy and the failed energy policies of that little fact out. They give all the Of course you and I remember that the Democratically controlled Con- credit to President Clinton. It wasn’t early in August when Congress re- gress. The Democrats are in control of President Clinton’s policies that gave cessed, we were on this floor that Fri- the Congress, and they have been since us a great economy. It was the Repub- day where a number of us had signed up January 2007. And I think it’s very, lican Congress. for the opportunity to address our col- very important that we continue to re- They talk about the problems with leagues but most importantly to ad- mind the American people of that. Fannie Mae and Freddie Mac and the dress the American people on the issue For one thing, my colleagues talked failed administration. I think we will of energy. And we can sign up for 5 about the 605,000 jobs lost in the last 8 see more and more coming out that the minutes, but our colleagues on the months. Well, I’m here to say that’s be- problems with Fannie Mae and Freddie other side of the aisle said, ‘‘No, we’re cause the Democrats are in charge of Mac are because of the liberal policies going home,’’ and they shut down de- Congress. They want to blame it on the of the Democrats forcing banks, mort- bate. President. The President can’t make gage companies, loan companies to We came to the floor. We continued anything happen about those jobs that make loans to people who should never talking on the floor as they turned are lost. Congress can. And the Amer- have gotten loans. I’m sure there’s down the lights, as they turned off C– ican people have to hold the Democrats some greed out there, and I’m sure that SPAN as they attempted to lock the in charge of the Congress accountable. there are some characters that we press from covering the issues as to ex- wouldn’t like being in the business. actly what was happening here on the b 2130 But most of it was because of the lib- floor of the House. I do want to get on to energy, but I eral policies that they put into effect We continued that process for the have to make, again, a couple of com- years ago. next 5 weeks until Congress belatedly ments about what was said here to- I do want to say that I appreciate came back into session this past Mon- night. what we have done for our veterans in day. And as my colleague has indi- We had a ‘‘Truth Squad’’ that used to this session of Congress, but the folks cated, we came back into session, and meet on a regular basis here to correct who spoke before us said they thanked we’ve done no meaningful legislation. the misstatements made by our col- the men and women who served us, and We haven’t dealt with the issue of the leagues almost every night, not every I do, too. We’re going to be celebrating threats of radical jihadists. We haven’t night. But I want to bring this Truth 9/11 tomorrow, 2001. We’ll not celebrate dealt with health care, we haven’t Squad back in the form of just me to- but commemorate what happened that dealt with energy. Prices back in my night by talking about some of the day. And I want to say I’m so grateful district have again spiked up this week things, again, that they have said. to the men and women who are cur- even though the price of oil has come I really was a little surprised that rently serving in our military because down about 30 percent of its high of they focused so much on the war. I they are all volunteers. $147. You know, prices at the pump think it’s really emblematic, again, of These folks say they think they’ve spiked back up this week their running away from the issue been serving in the wrong places, And for some people, the issue of en- that’s most important to the American they’ve been put in the wrong places. ergy is an inconvenience. Paying a lit- people, and that is the high price of Well, I thank the good Lord many tle bit more or paying a lot more at the gasoline and the high price of fuel oil. times every day that we have men and pump is an inconvenience to some peo- And they made lots of promises to- women who are willing to serve this ple. But I can tell you in July, I spent night, just like the Democrats did in country no matter where it is they a part of a morning at the gas station 2006 when they were running for elec- have to serve because they believe in pumping gas. People would come in; I tion and asked the American people to this country and they will go wherever would help fill up their cars. They give them the majority. Well, the it is necessary for them to serve. would fill out a survey for me. I would American people did give them the ma- Now again, I want to talk more about spend some time talking to them. And jority, and every promise they made energy now because that is what I for a number of these people, filling up has been broken. They promised to think has created so many of the prob- their tank is now a hardship. bring down the price of gasoline. They lems that we’re facing. And I think you and I would agree promised to make this the most open My colleagues and I were here all that we wish they had a proposal on Congress ever, the most bipartisan during the month of August while the the other side of the aisle. We wish Congress. Every one of those promises Democrats went on vacation. They that they would bring energy to the was broken. took a 5-week vacation. And in fact, floor of the House for us to debate be- What we need to be focusing on, and they’re still on vacation because this cause this problem is only going to get what Republicans have been focusing week, we’re doing practically nothing worse. on for the 20 months that the Demo- here in the Congress. We have passed I live in a northern State. Today my crats have been in control of the Con- bills like commemorating the Kingdom constituents are challenged with the gress, has been the high price of energy of Bhutan’s participation in the 2008 price of filling up their gas tank, be- and how that price has been going Smithsonian Folk Life Festival, really cause I went through the district dur- steadily up. And again, I was a little important things to be doing while we ing August. I found people who drove bit amazed tonight that the focus of should be voting on the American En- as much as 40, 50, 60 miles one way to the group just before me was on the ergy Act, the bill that would create all- work. So they’re putting on 80 to 100, war and on the economy and blaming of-the-above alternatives for us. 120 miles a day. Filling up their gas all of that on somebody else. And I want to recognize now my col- tank is a hardship. They talked about how jobs had in- league from Michigan (Mr. HOEKSTRA) In those same areas, when we get to creased under the Clinton administra- who has served his State and this coun- November, December, January, they’re

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.109 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H8003 also going to get hit with home heating ally? Russia has started this. Russia, a not for drilling offshore, they’re not for costs. A double whammy. They’re couple of years ago, was the country drilling in Alaska. going to fill up their pump or their car that said, or through their policies, in- b 2145 at the pump, and then they are going dicated that they were willing to use to have to go home and pay the heating energy as a political tool by threat- Ms. FOXX. They’re not for nuclear. bills for their house. And these folks ening to cut off natural gas to places Mr. SHIMKUS. So you go through all are unwilling to build a plan to address like the Ukraine. And in many ways of this and say it’s not even some of that right here on the floor of the we’re funding our enemies. the above. They’ll put in, especially House. Bottom line on this. This year we when it comes to drilling, and they’ll Now, they went into a caucus today, will run about a $600 to $700 billion say well you can drill in these specific and we see how they’re writing their trade deficit. If we became energy inde- areas. legislation. It’s kind of like we’re going pendent, our trade deficit would ap- But as one of my colleagues, Con- to get a plan that can get 218 Demo- proach zero. Trade deficit isn’t manu- gressman SHADEGG, has pointed out, I cratic votes. They’re not going to in- facturing. It’s none of these things. It’s think in Alaska and some other areas, troduce a bill. They’re not doing to energy. And if we invest in that, we where 487 leases were issued, every sin- take it to a subcommittee, have hear- could move forward. gle one of those leases has been chal- ings on it, have people come in and say, Ms. FOXX. Would the gentleman lenged multiple times through the you know, here is what we really like yield? process by radical environmental about your bill and what we think real- Mr. HOEKSTRA. I will yield. groups to make sure that no drilling ly works, and we think this may be a We’re joined by a few of our friends, takes place. Those folks know that we weakness. People proposing amend- and I think we can have a spirited dis- can open this up, but because we’ve ments, they vote on amendments, the cussion about the future of America created these environmental standards, bill gets better, it goes to full com- rather than focusing on the past. So the radical environmental standard, no mittee, you go through the same proc- thank you for yielding. drilling will ever take place. ess, and it comes to the floor of the Ms. FOXX. I agree with you. Ms. FOXX. I think that, even though House where again, people like you and Do you remember some of the prom- we haven’t seen the bill, I feel certain I who might not be on a committee of ises that were made by the then minor- that I will be able to give that bill the jurisdiction, if we’ve got a good idea or ity? Emperor’s New Clothes Award because something that we think is a good idea, Mr. HOEKSTRA. If the gentlelady it will pretend to do something but it we have the opportunity to present it will yield, I think the big promise will do nothing. So I can just about bet to our colleagues and have it voted on was—I have Speaker PELOSI saying, I that it’s going to do nothing and will to see if it can be part of this final have a secret plan. deserve the Emperor’s New Clothes package. That’s not the process they’re I’m not sure that she said ‘‘secret.’’ Award. I have the Emperor’s New going to use. Ms. FOXX. I think she said, ‘‘I have Clothes Award here. You can see it on They’re writing a bill in secret, and a commonsense plan.’’ the podium here, and so I’m going to we have no idea what it is. And I would Mr. HOEKSTRA. ‘‘I have a common- give it the Emperor’s New Clothes guess, you know, we thought maybe it sense plan to lower the price of gaso- Award. I know that’s what it’s going to would come out Friday. They’re not line.’’ Whoa. deserve. going to hit that deadline. They’re You know, I hope that she let’s Mr. SHIMKUS. I think as we talk maybe coming out with a bill Monday America know soon what it is because about this, and I hope our colleagues or Tuesday. It will probably be a thou- for the last 20 months under Speaker join in. I come from the great State of sand pages, and they will say, Con- PELOSI, her commonsense plan has only Michigan and we’re struggling. Last gresswoman, here it is. Here is our en- meant pain and hardship for my con- month, we were at 8.5 percent unem- ergy plan. Congressman, here it is. We stituents. ployment. My expectation is that now will say, What is it? They will say, Ms. FOXX. And I think that what we with what’s happened at the national Read it. And it’s like, whoa. need to do is take some of the promises level that unemployment rate is going And we already know what it’s going that were spewed out here tonight by to go up. to be. We’re for all-of-the-above: Explo- these folks who had the hour before us But as we struggle with these energy ration, drilling for American oil, nat- and put them next to all of those prom- costs, it has absolutely hammered jobs. ural gas, we’re for conservation, we’re ises that were made by Speaker PELOSI It has absolutely hammered the auto- for higher fuel efficiency standards and and majority leader HOYER in 2006 and motive industry and these types of automobiles and those types of things. say, well, if they delivered on these things, and the refusal of our col- We’re for alternative technology and promises in 2006, then maybe we could leagues to deal with this issue means investing in wind, solar, geothermal, believe they will deliver on these prom- increased unemployment and increased and all of those types of things recog- ises in the next election. hardship for a State like Michigan. nizing that to fix the problem on en- Mr. HOEKSTRA. If the gentlelady And you know, our Governor came ergy, we need an all-of-the-above solu- will yield for a minute. out recently and said I can’t believe tion because nuclear alone won’t fix it, I thought it was pretty interesting on that Michigan may be in play in this drilling alone won’t fix it. T. Boone the floor when the minority leader on election, and it’s kind of like, excuse Pickens is right. We can’t drill our way the floor, Mr. BOEHNER from Ohio, was me, Republicans are going to do very out of this problem. But we can help. talking about a procedural vote here well in the State of Michigan because Right now one final comment, and on the floor and said, ‘‘Will you allow Democrats in Washington have refused then we can talk about this. a vote on the American Energy Inde- to deal with the issue of energy. And if Sitting on the Intelligence Com- pendence Bill?’’ And the answer after people want to take a look at what mittee we know where we’re getting he asked that question three or four America might look like under a Dem- the oil from. We get a lot from Canada, times, the folks on that side of the ocrat administration all the way a lot from Mexico. These are two reli- aisle started saying, ‘‘No, no, no,’’ through, take a look at Michigan. able allies, although there is some in- meaning they don’t want to have a full Michigan, our Governor came up stability from Mexico. After that, the and complete debate on energy. with a brilliant strategy of saying, you neighborhood gets to be pretty ugly. What really makes me concerned is know, we’ve got the highest unemploy- Nigeria. Nigeria is a great country, that they’re going to throw up—we ment rate in the country. You know but it has a tremendous amount of in- know what they’re going to—we’re for what we ought to do? To attract more stability and corruption. all-of-the-above. They’re going to come business, to attract more investment You then go to the Middle East. A lot out with a plan later on, who knows. I to the State of Michigan, let’s raise of these folks are not our friends. wouldn’t even call it a plan. They will taxes and let’s make sure people don’t You then go to Russia. Ask the Geor- come out with a piece of paper, and as understand exactly how much or where gians. Is Russia a reliable ally? Ask the we dissect it, it will be none-of-the- those taxes are going to be raised be- people in Ukraine. Is Russia a reliable above. They’re not for nuclear, they’re cause we think that will get people to

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.111 H10SEPT1 jbell on PROD1PC69 with HOUSE H8004 CONGRESSIONAL RECORD — HOUSE September 10, 2008 come to our State and get them to in- is because there is fear, fear that some American issue. The American people vest and create jobs. Member of the House, some imper- are pragmatic. They want us to solve Now, we live on a peninsula. People tinent Member, maybe a Republican the problem. don’t come to Michigan naturally. If Member, maybe a Democratic Member, I’ll be the first to tell you, you know, they want to do and invest in Michi- will stand up on this floor and offer an our critics, the critics of the Repub- gan, they’ve got to be going down the amendment to provide for additional lican Party will say that Republicans expressway in Indiana, and depending American energy production from tra- are too focused on production and sup- on whether they’re going east or west, ditional sources. ply. Critics of the Democrats will say they’ve got to make a left turn or a So we’re not dealing with the most that they’re too focused on conserva- right turn. And I’ll tell you, they’re important business of Congress, which tion and efficiency. The truth is we not turning into Michigan anymore be- is to fund the government because must do both, and I’ll be the first to cause they’re looking at Ohio, Illinois, there is fear to deal with the energy tell you that we can’t drill our way out Indiana and all of these States, and issue, and I think it is unrealistic and of this problem, but drilling is most as- they’re saying these are pretty good unfair that there are people in this suredly part of the solution, just as States to do business in. And if we take House who, for whatever reasons, op- conservation is part of the solution, a left turn and go up into Michigan, pose traditional sources of energy. Ev- and neither can you conserve your way we’re going to be paying more in taxes. erybody here supports alternative re- out of the problem. We will just kind of stay on the inter- newable fuels, but we also know we So we need people to be pragmatic, state and do business here. need to deal with the here and the now. come down here and support something But that’s what, you know, we’re fac- I come from a State, Pennsylvania, reasonable. The American Energy Act ing with a Democrat leadership that where we are rich in coal resources, about which we’ve been speaking to- not only won’t deal with the energy where oil was discovered in Titusville, night is a good piece of legislation. It issue, but will raise taxes because they Pennsylvania, by Colonel Drake some deals with all of the above, the alter- believe the best way for America to be time ago. We have tremendous natural natives, renewables, transitions to the competitive on a global basis is not to gas reserves. My State has been part of future, as well as traditional sources of grow American industries but to tax the energy solution for this Nation for energy, conservation, efficiency. American industries and to tax the a very long time and will continue to There’s another bill out there, the American citizen so that we can feed be. Peterson-Abercrombie bill, which is a this beast in Washington. Ms. FOXX. I heard that the United genuine bipartisan bill that there’s a Ms. FOXX. Thank you. I appreciate States is the Saudi Arabia of coal and lot in there I like and there’s some my colleague from Michigan explaining that we have three times the coal re- things I’m not particularly crazy the Michigan situation. I want to make serves that Saudi Arabia has in oil re- about, but I would support that bill. just one comment, and I’m going to serves. Have you heard the same thing? I’m a cosponsor of it. In the name of ask some of my other colleagues to Mr. DENT. I’ve heard the same thing, compromise, I’m willing to support leg- speak. and I believe that reference is to some When the Democrats took over the islation that will advance this discus- of the vast oil shale reserves out in the Congress in 2007, January 2007, we had sion and actually, more importantly, Rocky Mountain West. But I know in had 54 straight months of job growth advance America’s energy security. terms of coal, it’s estimated that we At the end of the day, the American under a Republican-led Congress and a have about 250 years’ worth of coal sup- Republican administration. What they people want us to become less depend- ply, assuming we’re consuming at the refuse to admit is, as soon as they took ent on unstable parts of the world for current levels. over the Congress, the price of gasoline fossil fuel. I think you and I agree to What I did want to say, though, is started going up, and as the price of that, but it’s going to require leaders coal is responsible for 50 percent of the gasoline started going up, so did the to say, yes, take an affirmative ap- electricity generated in the United unemployment rate. There is no deny- proach to energy. But as you know, too States. Nuclear energy is responsible ing these facts. They caused this prob- many people here are not willing to do for about 20 percent. Natural gas for lem. We’ve been pointing this out week that, and I have to lay the blame at the after week. We’re finally, we think, another 20 percent. I’m up to 90 per- doorstep of the Speaker of the House. getting through that the Democrats cent. There’s a little bit of other. Pe- I thank Ms. FOXX, my classmate, for are in charge of the Congress, and it is troleum, hydroelectric takes a fair allowing me to speak on this important their policies that have created these amount. Solar and wind I think ac- issue. problems. count for about 1 percent. Ms. FOXX. I want to thank my class- I want to recognize now my colleague But unfortunately, while I strongly mate, Congressman DENT from Penn- from Pennsylvania I think who has support solar, wind, geothermal and sylvania, for illuminating this issue some comments to make about this sit- other renewables, I also know there are from his perspective in Pennsylvania. uation, and we’ve been suddenly joined too many people in this Congress that, Now I want to turn it over to a new by several people. And so I do hope though renewables account for 1 per- Member of Congress this year who’s that we’ll have a great dialogue here, cent of our source, it accounts for 100 been, I think, one of the really bright but with my classmate, my colleague percent of their talking points. lights in the Congress, who’s one of the from Pennsylvania, I yield to you. The truth is we know we’re going to most articulate people that we have in Mr. DENT. I’d like to thank the need coal. We need to clean it up. Clean the Congress, Congresswoman gentlelady from North Carolina for her coal technology, there’s a lot of inter- MICHELLE BACHMANN from the Min- leadership on this very important esting, carbon capture, storage seques- neapolis/St. Paul area, which just issue. tration going on out there. We need to hosted many of us who were at the Re- Mr. Speaker, I feel it’s very impor- develop that technology. I think we all publican National Convention. tant that as with Members of Congress understand, too, that if we want to And I want to say that it was cer- we lead, and there are a lot of things lower carbon emissions in America tainly ‘‘Minnesota Nice.’’ The folks in that the Congress would like to do, we’re going to need to expand nuclear Minnesota were fabulous. They treated need to do, but there’s one thing that energy. us very well, very friendly, just like we must do, and that is fund the Fed- But again, many people in this build- the people in North Carolina. I was ex- eral Government. I think it is a dere- ing are opposed to coal technology. tremely pleased to be there, and I want liction of duty on the part of this They’re opposed to nuclear. They’re op- to ask you if you will share some of Speaker of the House and this Congress posed to drilling for gas and oil where your perspectives on this issue of en- that this Congress has failed, has failed those resources may actually be. So ergy. to deal with the various spending bills, that really limits our options as a Na- Mrs. BACHMANN. Thank you, Ms. the appropriations bills to fund the tion. FOXX. I appreciate that. government. We have to get to work. Everybody Minneapolis/St. Paul is a very nice The reason why this Congress is not knows it. And this is not a Republican area. Minnesota is the ‘‘Land of Min- dealing with these appropriations bills issue or a Democratic issue. This is an nesota Nice,’’ and we really do love

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.113 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H8005 people. So y’all come back, if we can sion: No more energy production here; of being the world’s greatest dependent borrow that from you. Y’all come back. if we’re going to have energy, we’ve got on foreign energy importation, we will My name is MICHELLE BACHMANN. I to buy it offshore. Well, that is ridicu- become the world’s leading exporter of do represent Minnesota’s Sixth Con- lous; it’s why we’re in the situation energy. gressional District, and I tell you what we’re in. Can you imagine? Millions of jobs, I am so pleased about is the fact that But here in the North Slope 31 years the United States, we have the answer ago, when we began building this en- high-paying jobs. And I will end with to our energy problem. ergy lifeline which is our North Slope this. As a matter of fact, up in Alaska, We have, as Representative DENT of Trans-Alaska Pipeline which extends what I was told is that entry-level jobs Pennsylvania said, we have an abun- 800 miles from Prudhoe Bay down to on the North Slope pay over $100,000 a dance of coal. We’re the leader in the Valdez, when we built that 31 years ago year plus benefits. There’s a lot of peo- world. Twenty-seven percent of the we were producing 2.1 million barrels of ple from the great State of Minnesota world’s supply of coal lies here in the oil a day. Do you know where we’re at that would go up to take those jobs. United States of America. now? Seven hundred thousand barrels a We have the answer. We have got the We’re the Saudi Arabia of oil in three day. Within 10 years we will be down to ticket. We don’t have to be mired States alone: Utah, Colorado, Wis- $300,000 barrels a day. You know what under $4 a gallon gas or $6 or $8 or $10. consin. We have more oil than all of happens, Mr. Speaker, when we get Under a Republican-controlled Con- Saudi Arabia contained in shale oil. down to 300,000 barrels a day? When we We have an abundance of natural gas. gress, Mr. Speaker, the American peo- get to that point, this energy lifeline ple will get back to paying $2 a gallon We have over 420 trillion cubic square that feeds the lower 48, it’s going to feet of natural gas, and that’s just in or less. This is real, and it can happen shut down. And, I mean, when it shuts very quickly. And that’s why I’m so the Gulf of Mexico. down, you can’t add another oil field We have so much oil and we haven’t grateful to the gentlelady from North and bring it back up into production. even begun to tap what we have in Carolina for bringing this important And do you know, Mr. Speaker, what it terms of nuclear power, what we can do discussion and reminding the American costs us to replace this energy lifeline? with wind, what we can do with solar, people that under a Democrat-con- Fifteen billion dollars. And it isn’t just with all of the inventions that are yet the $15 billion, it would take several trolled Congress we’ve seen gasoline to come out of brilliant young entre- years to rebuild this because this pipe- prices increase 76 percent. And that preneurs. All we need to do is unleash line is made out of stainless steel, and can take a nosedive if we see real it. stainless steel doesn’t come cheap any- change at the ballot box this Novem- But right now, you’re looking, Mr. ber. Speaker, at the problem for this, for more. We are in trouble. Because if, as the the energy crisis. It isn’t lack of re- Ms. FOXX. Well, I thank my col- Democrat nominee, BARACK OBAMA, sources. It certainly isn’t lack of tech- league, Congresswoman BACHMANN has said, he doesn’t plan to do any nology. What it is is lack of will on the from Minnesota. And I want to say she more drilling, and Speaker PELOSI, part of the United States Congress. Mr. has boiled it down to a very simple NANCY PELOSI, the Democrat-con- Speaker, the Democrat-controlled fact. And I say that people in this Con- trolled House, has said she really United States Congress is the problem gress are either pro American energy doesn’t plan any more drilling, or as for America’s energy crisis. Look no or anti American energy. And I think HARRY REID has told us, he really further. The Democrat-controlled Con- we know the difference in the two doesn’t believe in more drilling, if the gress, under their leadership, their aus- groups of folks. Democrats have their way, there won’t picious leadership, has led to an in- be more drilling. And so we will have The people who don’t want us to crease of 76 percent in the price of gas- this energy pipeline that has served produce energy in this country are anti oline at the pump. our interests for over 31 years, it’s American energy. They don’t want us b 2200 going to shut down within 10 years to be independent of these foreign Seventy-six percent increase. I’ve time. Shut down. So if we thought $4 a countries. It is a difficult thing for me only been here 20 months, and we’ve gallon was a lot to pay for energy, to understand, it’s a difficult thing for seen gas prices go up 76 percent under we’re going to think that’s a cheap my constituents to understand. Democrat-controlled leadership. date because it’s going to be $6, $8, $10 And as our colleague, Mr. DENT from Minority leader JOHN BOEHNER made a gallon because the Democrat-con- Pennsylvania, said, we want all those a decision late in the month of July. trolled Congress has said, no how, no alternatives, but they only produce a He decided to lead 10 Republicans to go way, not on their watch are we ever small part of what we’re going to need. up to Alaska to visit the ANWR region going to start drilling. It’s not going to Perhaps eventually we will have the that has been so vilified, that we’ve happen. And it’s not going to happen technology to produce more of it. But been told that we absolutely cannot under BARACK OBAMA. we have to increase our supply of gas drill up in ANWR, that somehow the There is a very real choice that the and oil and other fossil fuels to get us world will come to an end if we drill in voters have to make come this Novem- through this situation that we’re in ANWR. Well, JOHN BOEHNER, with his ber, and it’s this: Do you want to pay leadership, took 10 Republicans—and I $2 a gallon for gas under a President now until we get to those alternatives. And certainly we want them, but was blessed enough to be one of those MCCAIN and a Vice President Palin— Republicans to go not only to Colorado who will drill, by the way, for new en- they’re a small part right now of what to visit the National Renewable Energy ergy—or do you want to pay $6, $8 or we can produce. Laboratory, but also up to Alaska to $10 a gallon for gasoline very soon Other people who have joined us to- ANWR. under a BARACK OBAMA and a Demo- night include my great colleague who And there is one little story that I crat-controlled Congress who said no is on the Constitution Caucus with me want to tell the American people be- way, no how, never under their watch and is often here speaking on the Con- fore I hand this over to my colleagues will they begin the drilling process? stitution, a former teacher from the to continue, and it’s this: While we It’s that simple: $2 a gallon, or $6, $8 or State of Utah. Now, former teachers were up in Alaska visiting our oil-rich $10 a gallon? That’s what the American like Congressman BISHOP and I often region where we were able to go to the people will be asking themselves. have tendencies to speak for 50 minutes North Slope—here is the North Slope of And I’ll tell you one thing, under a at a time, but since there are other Alaska. Thirty-one years ago, the Republican-controlled Congress, if we folks here tonight, I’m hoping he is not North Slope of Alaska was the largest can get there this fall, this November, going to speak for 50 minutes. But he is producing oil field in the United there will be a change. There will be going to be very eloquent in what he States. Sadly, 31 years later, this is drilling in ANWR. There will be drill- shares with us. still the largest producing oil region. ing in the oil shale region. There will Why? Because we have a Prohibition- be drilling in the Outer Continental I yield to my colleague, Mr. BISHOP era mentality when it comes to produc- Shelf. There will be expansion of clean from Utah. tion of American energy legislation. coal technology. There will be building Mr. BISHOP of Utah. I thank you for Because this Congress has made a deci- of 45 new nuclear power plants. Instead that kind introduction. And it won’t be

VerDate Aug 31 2005 04:34 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.114 H10SEPT1 jbell on PROD1PC69 with HOUSE H8006 CONGRESSIONAL RECORD — HOUSE September 10, 2008 50 minutes unless I go into Mr. KING’s Republicans want to do is drill. Yeah, by people out there, because within the time in some particular way. we want to drill, but we have always soul of American people is the cre- I’m excited to be here to join you and said it’s not drilling alone. When we ativity we need to solve our problems. to join the others, especially the say we need an all-of-the-above solu- And what we should be doing as a gov- gentlelady from Minnesota, who paint- tion, it means we need an all-of-the- ernment is not trying to dictate solu- ed such a marvelous vision of what we above solution. tions from here in these hallowed halls, could, indeed, be doing in the future if The common fossil fuels are as im- but allowing Americans to find their we just come together on this par- portant to solve our energy problem solutions by themselves and then re- ticular issue. now as expanding alternative energy warding them for it. There are many people who have sources will be to solve our problem in When England became a superpower said, you know, where have we been all the future. But one of the issues we on the oceans, they did not have a way these years on this particular issue? I have never faced in this country—once of mapping the oceans, so they estab- haven’t been here forever, but I do again, another decision we’ve made im- lished a prize of 20,000 pounds to the know, from my years here as well as in properly years ago—is an adequate way first person who could figure out how the State legislature in Utah, that we of funding our investment and expan- to do it. And the British clock maker have been arguing this issue for years. sion of alternative resources. from London who invented latitude and One of the freshman Members today Now, one of the things we could do if longitude, we are still using his inven- came to the floor and criticized us for we actually do increase our production tion. When Napoleon started marching why we haven’t done any of these of oil and natural gas and oil shale and with his troops, he realized he did not issues earlier. And the bottom line is: coal is to use the expanded royalties have a way of feeding them, so he gave We did. I have not been here forever, this Federal Government would receive a 14,000 frank prize to the first person but there have been countless votes I and funnel those royalties into build- to solve the problem. The vacuum- have made in favor of drilling in ANWR ing and developing our alternative re- packed concept of food is the same and I would do so again. I have made sources for the future. And that’s what thing he invented for 14,000 franks and countless votes in this body on expand- the all-of-the-above American Energy we still use today. When Lindbergh ing our offshore drilling leases and per- Act wants to do. It is both of those. flew across the ocean he was after a mits in areas and would do so again. I have found, to my utter amaze- prize from a newspaper. And the aero- From the very first day I came here, ment, there is no source of energy that nautics industry has developed from it. JOHN PETERSON has been extolling the does not have its critics. How can one All we need to do is say we will re- problems this economy will face if we be opposed to solar power? Although ward Americans for coming up and pro- don’t face up to the fact we have a when we tried to build a solar plant in ducing a solution and reward them well dwindling supply of natural gas here in New Mexico, people were opposed to it for it, and they will solve the problem the United States. We have been talk- because it would take up too much of without our expert attention driving ing about this forever. Even before the desert. How can you be opposed to that way. Speaker PELOSI changed my mindset wind power? Although I was reading an Now, we’ve heard a lot of blame and told me that natural gas is not a article in a local paper of a farmer in about the problem. We’ve heard Big Oil fossil fuel and you don’t actually have Wyoming who was opposed to wind blame because they’re gouging people, to drill to get it, despite that fact there power plants simply because the therefore let’s tax them—which is what is something that is different now. And wushing of the blades makes too much we tried 30 years ago when the develop- like most issues that come to their noise, or it chops up too many birds ment dried up; or we have said that prime, there is a catalyst that changes that are part of the Migratory Bird they have leases out there they’re not and a catalyst that drives the issue for- Treaty. using it, so use it or lose it—even ward. We have seen that this year. Every source of energy has somebody though that’s exactly what the status I come from the West, which is the who is opposed to it, which is why, if quo is, indeed, doing. We’ve had all energy-producing section. Some of my we’re really going to reach a consensus sorts of other ideas that Big Oil is the friends in the areas that I call the ‘‘en- of everybody, the only solution is to problem here. As Newt Gingrich said, if ergy consuming’’ sections have been say nothing is off the table, we develop you really want to help Exxon, do very happy over the years to try and everything. It is the only real solution, nothing. They already have their oil. lock up areas of the West and areas off it is the only fair solution, and that’s Sixty-eight percent of all the oil that the coast which produce energy, and what we are after. If we care about con- is being drilled in this country and 87 they can do it with impunity because it sumers in the future, we develop every- percent of all the natural gas being has no impact on their lives. But all of thing. drilled in this country today are being a sudden, when you start paying 4 Conservation is essential, but we all done by small entrepreneurial compa- bucks a gallon of gas, then something know conservation alone does not solve nies, 200 employees or less, names of is different. our problem. But the American Energy which no one in this body has ever The massive spike in gasoline prices Act is the only bill that actually has heard. at the pump over the last 2 years is the real incentives for Americans to con- If we really want to expand our econ- catalyst that is taking the argu- serve and rewarding them for efforts to omy and add competition, which will ments—and the arguments that we conserve. We realize we do not have the lower price, expand the efforts of peo- have said over and over and over again infrastructure to move energy from ple to become involved in this process. year after year—and have finally driv- one part of this country to the other. What we need is not another political en it to the point where everyone real- And the American Energy Act is the scheme, we have had 30 years of them; izes mistakes we have made in our en- only one that realizes we must put we need real solutions. And that is ergy policy and our land policy for the extra money and effort into building what we want, a vote on a real solu- past 30 years have brought us to the our infrastructure or everything else is tion, not some faux solution, a real one situation where we are today. And the useless. We are the only ones that real- that actually addresses real issues for cost we are paying at the pump is be- ize it has legal impediments. As was real Americans and solves their real cause of misguided decisions we have mentioned before, as soon as you open problems. made for over 30 years. And now is the up an area, it is immediately open to time where Americans are ready to open-ended standing so that anybody b 2215 stand up all over this country and say can sue, and that is, indeed, what hap- Groucho Marx once said that ‘‘poli- now is the time we need to take a new pened. And in the Americans for Amer- tics is the act of looking for the trou- direction with real solutions so that we ican Energy Act, that is the only area ble, finding it everywhere, diagnosing can solve where we have been brought that actually talks about reforming it incorrectly, and applying the wrong by past decisions. that process so that once a decision has remedies.’’ If we’re not careful, that’s And as has been stated before, we’re been made, we can move forward. exactly what we could do in these next not just talking about drilling. It’s one The American Energy Act is the only 2 weeks. We can’t just go for the cheap of the common arguments they say, all one that recognizes solutions are made fix political deal. We have to go for a

VerDate Aug 31 2005 04:34 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.115 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H8007 real solution that helps real people. What is in this? As the speaker from do something about trout and perhaps And that’s the vote that we demand. Utah stressed, it is not simply a drill- that would spawn an energy bill that Ms. FOXX. I thank my colleague only bill. It has three key components perhaps could help Americans. This is from Utah. He never disappoints. We as we move towards an important goal. yet to prove the case because what we got not only a very concise discussion The first is maximum American energy have seen is a continuation of the 5- of the problem but some wonderful his- production. The second is common- week paid Democrat vacation that has tory lessons in the process. sense conservation. The third is free stumbled into week 6 with nothing sub- I want to now recognize another dis- market green innovations. stantive being done about energy tinguished and very eloquent person in Now, why do we need all three? So we prices, an internal debate amongst our Congress, a member of the Repub- can have a responsible transition to their own caucus as to what to do if to lican leadership and chairman of the American energy security and inde- do anything. And we stand here with Republican Policy Committee, THAD- pendence. If we do not recognize that not a bluff but a bill. We have stood DEUS MCCOTTER from Michigan. He’s this problem is one of supply and de- here with the American Energy Act our second person from Michigan to- mand, if we do nothing to increase the and asked for one thing: an up-or-down night, but THADDEUS is the kind of per- supply, you can do one of two things: vote. They have refused. son who, when he speaks, everybody You can let the cost continue to esca- I have no doubt that as we proceed in listens because we have to listen very late or you can focus on the demand. If this process, the American people are closely to make sure we don’t miss all you focus solely on the demand, what not only going to be outraged by the of that wit and innuendo that he’ll you are doing to the American people fact that we have done nothing on en- share with us. is saying what some people have said ergy to help them, they are going to I now yield to the gentleman from about American gas prices: ‘‘We are look at a calendar as put forward by Michigan. better off without cheap gas.’’ This is a the Democratic majority in this Con- Mr. MCCOTTER. I thank the gentle- cold turkey policy which for ideolog- gress that has something that you who woman for yielding. ical reasons will accomplish nothing work for a living could never do. Be- I have great empathy for the gen- but pain and suffering unnecessarily on tween August 1 and January 1, this tleman from Utah who hoped for a big the American people’s family budgets Democratic Congress cares so much ending. I would prefer just a passable and on their pursuit of the American about working Americans and energy beginning; so bear with me. Dream, which I point out is not nec- that they will meet for 15 working days I come from the State of Michigan, essarily to be mandated that it has to out of 5 months for full pay. You try as my colleague who spoke earlier, occur on foot. We want a responsible doing that at your job, if you’re lucky PETER HOEKSTRA, so well earlier dis- transition to American energy security enough to have one, thanks to this cussed. We are a State that is suf- and independence, one that makes the Democratic Congress. fering. We are a manufacturing State American people full participants in Ms. FOXX. Again, I promised you that has seen job losses for several this transformational undertaking and eloquence and you received eloquence. years in a row. And what we have also does not continue the state of affairs I want to share with you some of the seen because of the high price of energy that is occurring now here in their own bills that the Democrat Congress has is a drop-off in our tourism trade both country. been presenting to us to vote on while from Michigan residents inside the Who are the best friends of Big Oil? they have been ignoring the need to State who could not afford to take a My friend from Utah touched upon it. vote on the American Energy Act. family vacation and for people who The best friends of Big Oil are the peo- How about this one: recognizing the come to our wonderful Great Lakes ple who do nothing. And for 5 weeks we American Highway User Alliance on its State to recreate. This is a twofold saw who was doing nothing and we saw 75th anniversary. Now, that was a real- problem which has done something to who was trying to do something. If you ly important bill for us to be voting on. the State of Michigan which has hap- want to be a friend to Big Oil, continue Or how about what we did this week: pened to no other of the 49 States. Last the government-mandated rationing of condemning the use of television pro- year Michigan became the only State American energy. Stop Americans from gramming by Hamas to indoctrinate in the Union to have a rise in poverty extracting their own natural resources hatred, violence, and anti-Semitism to- and a decrease in median income. to increase supply as we transition to ward Israel in young Palestinian chil- The cost of energy is exacerbating American energy security and inde- dren. I am one of the biggest sup- this suffering greatly. Now, because my pendence because if you do not allow porters of Israel that you will find, but State wants to work under difficult that supply to increase here at home, I don’t think that our passing this bill economic times, I want to express the American oil from American soil, had one wit of difference on Hamas. absolute disgust that many of us have you’re going to continue to see prices Another really significant bill: sup- for the way people who have been elect- rise. You’re going to continue to see porting the goals and ideals of National ed by the sovereign citizens of the the Big Oil companies that you claim Passport Month. When we should have United States to serve in this Congress not to like reap even greater harvest at been dealing with American energy, we have worked on their jobs. We have the gas pump, and meanwhile you will were passing that bill. seen over the month of August in know that you were complicit in this, We also passed a bill recognizing the America 84,000 American jobs lost in and we will make sure that the rest of 100th anniversary of the declaration of large part due to energy costs. In re- the country does too. the Muir Woods National Monument by sponse, the Democratic-controlled Con- In the final analysis, if we do not President Teddy Roosevelt. All of us gress took a 5-week paid vacation. have a fair up-or-down vote, the suf- Republicans are very glad to see Teddy On our part as Republicans, we came fering is going to continue and no Roosevelt honored because he’s the to this floor every day this Congress amount of political chicanery is going original conservationist. He set the should have been in session and had a to mask the fact to the American peo- tone for Republicans, and we all know speak-in with the American people ple that you refused to act and when that. But I’m sure Teddy Roosevelt about what we hoped to do on their be- you were compelled to act, you refused would have rather we had been dealing half if given the chance by the Demo- to do anything substantive that was with the American energy situation cratic majority to actually come here going to help them because all they and not commemorating something he and earn the salaries that we were have to do is drive. All they have to do had done because it was the right thing being paid. We got no response from is need any form of energy, be it gaso- to do. the Democratic Party. But we did get a line, be it home heating oil, and check Two hundred and eighty-two laws response from the American people. the price and see what did or did not have passed in the 110th Congress. And the response that we got from the occur on your behalf and who did or did Thirty-seven percent of them have American people was loud and clear: It not act. named buildings or lands. Thirty-seven was we would like to have a fair up-or- When we came back into session, percent of them passed unanimously. down vote on the bipartisan all-of-the- what did we find? We found trout wait- Another fifteen percent extended the above American energy strategy. ing for us. We decided we were going to law or made technical corrections to

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.117 H10SEPT1 jbell on PROD1PC69 with HOUSE H8008 CONGRESSIONAL RECORD — HOUSE September 10, 2008 an existing law. This Congress has done because many things have happened in the gentlelady that spoke before me. nothing while the American people this body on a bipartisan basis, espe- These things are available today. have suffered. cially on the Veterans’ Committee that West Point, in my district, is putting The Democrats’ answer to the needs I serve on, where we are in almost in wind energy on their hundreds of of the American people for lower gas unanimous agreement on all issues. acres of campus. They are putting in a prices is ‘‘drive small cars and wait for But on the issue of energy, our col- 5,000-gallon E85 tank, which is actually the wind.’’ Ladies and gentlemen, that leagues across the aisle keep going on a breakthrough, considering the fact should not be the response of this Con- dishonest tirades about our national that thousands of flex fuel vehicles gress to the needs of the American peo- energy crisis in order to distract from have been sold in my State of New ple. When gasoline prices are $4 a gal- their record of oil company capitula- York, and there is hardly any place lon, we need to do something. And as tion and failure to protect consumers. you can even buy flex fuel or E85. my colleagues have so eloquently ex- I guess they’re operating under their We are seeing students at high pressed here tonight, we can do some- party philosophy that if you repeat schools like Arlington High School in thing. We have it within our power to something often enough, you can make Dutchess County, New York, come to create all of the energy that we need in people forget that it’s not true. I actu- me and to the New York State Energy this country at very affordable prices. ally have more faith in the American Research and Development Authority However, this Congress, led by Demo- people than that. and ask for money for solar panels so crats, controlled by Democrats, having They know that for most of this dec- that their high schools can be powered Democrats in charge, have done noth- ade energy policy has been written in today by solar power. ing to act on the needs of the American the White House by Big Oil and led to We have voted to break the chains of people. I think one of the most impor- record dependence on imports and sky- our dependence on Middle Eastern oil tant things we were able to accomplish rocketing prices. They know that Re- by using American innovation to cre- in August when many of us were here publicans in this Congress have been ate hundreds of thousands of green jobs every day talking to the American peo- pursuing a none-of-the-above strategy, that cannot be outsourced. ple on this floor because, as people blocking every attempt to move for- When I was in Denver a couple of have said before, the lights were out, ward at real energy solutions. At every weeks ago, I learned that one of the C–SPAN was off, the microphones were step, they have said no. biggest new solar photovoltaic installa- off—in fact, many of us have had trou- They said no to responsible drilling tions in Colorado was being built, for- ble speaking with microphones again in Alaska and making oil companies tunately, with American jobs doing the because we were on the floor speaking drill on the 68 million acres that are al- installation but, unfortunately, with so many times without microphones. ready open. They said no to increasing solar panels that are being built in We brought the issue to the American oil supply through the SPR, releasing China. people. We let the American people oil from our Strategic Petroleum Re- We should not go from buying oil know who was in charge, who is in serve, which is the only way to imme- overseas to buying solar panels from charge of this Congress. The American diately bring down prices. They, our overseas or buying wind turbines from people have said we want something Republican colleagues, said no to overseas or buying geothermal systems done. reigning in market speculation to keep from overseas. The country that put The Speaker is saying they’re going prices from skyrocketing. They said no man on the Moon should lead the way to bring a bill, but as my colleagues to protecting the American driver from in this technological innovation and have said, we have been here all week. price gouging and oil company exploi- develop this energy at home that’s a They had the whole month of August. tation. And while they stood in the broad, real energy policy. And it’s time They had 5 weeks to come up with way, the American economy suffered to pass that kind of complete really something, in addition this week. No and family budgets braced for high all-of-the-above plan now. It’s time for bill yet to vote on. And I will make one home heating costs. action now. little correction to my colleague from I think it’s time to share the views of f most of Americans when I say enough Michigan who said we will be working ENERGY SOLUTIONS for 15 days from August 1 until Janu- is enough. We need more energy and we ary 1. We are not going to be here on need to enter a new era of energy tech- The SPEAKER pro tempore. Under Friday; so it’s only going to be 14 days. nology instead of staying stuck in this the Speaker’s announced policy of Jan- We’re being paid to do that. The Demo- ‘‘drill first, ask questions later’’ uary 18, 2007, the gentleman from Iowa crats are in charge. It is their responsi- mindset that will not lower prices. Ac- (Mr. KING) is recognized for 60 min- bility. cording to our own Energy Information utes. My constituents find it hard to un- Agency, at the most, it’s 1.8 cents Mr. KING of Iowa. I appreciate the derstand how one person can be totally lower after 8 to 10 years, or possibly honor to be recognized to address you in control of what bills come for a vote longer. It will not make us more en- here on the floor of the House of the in the House, but that is the case. ergy secure, and it will not allow United States Representatives. I have a Speaker PELOSI, a San Francisco Dem- America to prosper, which is why I series of subjects that I am interested ocrat, is the person who controls have joined with the rest of the major- in moving forward on. whether we vote on bills on the House ity to support drilling responsibly for Before I broach those subjects that floor. And you need to let your inter- more American oil. And that means, by might be illustrated on my left, I yield ests be known to her and to your the way, making sure that the Amer- so much time as he may consume to Democratic Congressman if that’s who ican taxpayer and the Treasury get the the gentleman from east Texas, Mr. you have representing you. money from our oil. Oil under Federal LOUIE GOHMERT. Mr. Speaker, I thank the leadership lands and offshore leases belongs to the Mr. GOHMERT. I thank my friend for giving us this hour. American public, to our children and from Iowa for yielding. Of course, we our grandchildren, and those royalties have had a good bit of discussion on en- f were given away by the previous Con- ergy. One of the things that has gotten b 2230 gress, which for 6 years had control of a lot of attention is this moratorium all branches of government, the White on drilling in the Outer Continental ENERGY POLICY House, both Houses of Congress, and Shelf. The SPEAKER pro tempore. Under a the court system. For 6 years they did It was interesting to talk to RALPH previous order of the House, the gen- nothing but give away our resources, REGULA, a Congressman here, who said tleman from New York (Mr. HALL) is our children’s and our grandchildren’s he was here in 1981 when the first mor- recognized for 5 minutes. resources without asking for fair roy- atorium got put in place. If you go Mr. HALL of New York. I must com- alty payments by the oil companies. back to President Jimmy Carter, he ment on the gentlelady’s remarks that We have provided key tax incentives signed a declaration stating that the just preceded me and describe them as for renewables, like wind and solar and Outer Continental Shelf was such an fiction. I’m sorry to have to say this high efficiency. And I beg to differ with asset for this Nation that it should be

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.118 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H8009 developed expeditiously. Those were that didn’t want to have to risk seeing would provide the revenue to get on the two words: Developed expedi- a rig, never mind that the rigs could the way to do that, and we could say tiously. have been required to be far enough off goodbye forever to this tremendous So what happened to that? Jimmy the coast that they could not be seen gross transfer of wealth to countries, Carter saying, Wow, we have got this from the coastline. so many of whom don’t care for us. fantastic resource for oil and natural In Texas, we didn’t have the morato- So I appreciate my friend from Iowa gas that would help the American peo- rium. Louisiana didn’t. So you can go yielding. I felt like as a follow-up on ple and solve so much of our energy down, and we did hear the stories that this discussion about energy it was problems. What happened? Well, RALPH if you put a platform off the coast, very important for people to know the explained he was on the committee then it’s going to destroy all the fish- moratorium that will go out of exist- when there was some wealthy beach ing in the Gulf of Mexico. How terrible ence come the end of this month, un- front owners, landowners in California, that would be. Well, they put the plat- less something is passed. And I know and of course there had been an oil forms out there and, lo and behold, the there are many wealthy people in the spill around Santa Barbara in Cali- fish look at it as artificial reefs. Now, Senate, I know that there are million- fornia, a bad spill. Amazingly, people if you want to go fishing, a great place aires here in the House who are really complained about the drilling plat- to go out is to the artificial reefs, not bothered by the high gasoline forms when actually it’s the tankers which the fish look at them as, and prices. I hope that the Senators that that spilled the stuff bringing it from they are actually just the platform are wealthy will feel and understand other places. that are producing. the pain of the hardworking Americans But, anyway, wealthy, just the rich, So Carter wanted it developed expe- and not cut the legs out from under who had beach front property, said ditiously. I had tremendous problems this program that could strengthen they didn’t want to look out there and with some of the things he did, like America for the next 200 years. have to see a rig, no matter that it creating the problem in Iran when he I hope they won’t cave in because the might bring cheaper gasoline or cheap- cut the legs out from under the Shah hardworking Americans in this coun- er natural gas prices, which could and hailed the Ayatollah as a man of try need the help. This is one place we mean cheaper fertilizer, cheaper for- peace coming in, and we have been pay- can provide the help. eign products, cheaper plastics, cheap- ing the price ever since then. May God bless this country. One way er all kind of things. Never mind about But here we have a majority that it can be is if we are allowed to utilize that. The wealthy didn’t see that as a talks about being concerned about the resources with which we have al- problem. what they say is the little guy in ready been blessed. But thank you to They didn’t want to see the rigs out America, what I would say are the my friend from Iowa for yielding, and I there so they begged and pleaded Con- hardest working people here. I have yield back to him. gress to give a moratorium so there had union jobs lost in the last few Mr. KING of Iowa. I thank the gen- would be no drilling off the California years because natural gas prices were tleman from Texas, reclaiming my coast. Well, they were apparently per- too high. It isn’t helpful to keep put- time, and I thank him for this transfer suasive. They had plenty of resources ting our natural gas off limits. We are of wealth of knowledge to us, which we with which to persuade the Congress. losing jobs that good, hardworking know in the brief time we have is a As I understood, it was back in 1981. union workers should not have to lose small component of the big picture but They persuaded Congress to give them to some country where they have got it adds a piece to the puzzle of the en- a moratorium. cheaper natural gas. ergy picture that we have been paint- Well, the recitation was such that Also, ANWR, the Arctic National ing here every day in this 110th Con- then Florida said, Wait a minute. Wildlife Refuge. It is ridiculous not to gress for months and months and Those of us that are wealthy in Florida drill that small area, compared to the months, including every day, Mr. that have beach front property, we millions of acres that would not be Speaker, that the House was designed don’t want drilling that might put a touched, that area where there’s no to be adjourned for the August recess, rig out there where we could see it off wildlife, the area where there is noth- as it’s called. Republicans were here on our coast. So never mind that it might ing that would be disturbed, and this floor. Those cameras shut off, provide cheaper gasoline, cheaper prod- produce that to bring a million, mil- these microphones shut off, the lights ucts, cheaper heating oil, cheaper lion and a half barrels on line. And it shut down. We stayed here every single things like that. Never mind that. We would not take 10 to 15 years. We have working day to carry the case to thou- just don’t want to look out from our got a pipeline 74 miles away. That oil sands of the American people who we expensive piece of property and even could be in the pipeline and coming brought down here on the floor of the risk seeing a rig out there. So let’s get this way in 2 or 3 years. House of Representatives to experience a moratorium too. California got one. All of that said, we can then use the what a real debate was like, a real dis- RALPH had warned that if you give revenue, the royalties. People talk cussion was like. California this moratorium, you will about subsidies and this kind of this. rue the day you did it. Make them pay royalties. The bills b 2245 Well, the wealthy there were able to that we were pushing in the last Con- I spent six to seven days here myself, persuade no drilling off the Florida gress for 2 years had significant royal- Mr. Speaker. And although I saw a cou- coast. They got a moratorium. Before ties that would go and be split between ple of Democrats lead a tour of people you know it, State after State was able the States and the Federal Govern- down here on the floor, I saw not one to use and parlay California’s and Flor- ment. Tremendous revenue enhancers. single one engage in this debate. The ida’s moratorium into not having drill- You have could used that for the re- floor is always open for legitimate de- ing off their coast, until we get to the newable energy, you could use that to bate, and when it happens, I hope it is present day, where there’s still these shore up the hurting infrastructure of facts and not anecdotes. moratoriums off most of our coastline this country without raising taxes, and A person who delivers this thing from that could help our Nation become it would be producing new jobs. a factual and occasional anecdotal but completely energy independent and say One estimate says that if we allow always a solid philosophical perspec- adios to this tremendous transfer of the drilling in ANWR, it would imme- tive is the gentleman from Michigan, wealth that has been going over to diately start producing 250,000 jobs, and the chairman of the Policy Committee, some people that just flat don’t like us we’d have 750,000 jobs by the time it duly elected by his peers, and that is and some of whom have supported ter- was actually completed and the oil the gentleman from Michigan, Mr. rorism. So it’s important to know your started flowing this way. I think solar, THADDEUS MCCOTTER, to whom I will history. In order to know where you’re I know Boone Pickens is visionary on yield. going, know your history. the idea of wind. That can help us out. Mr. MCCOTTER. I thank the gen- So when we talk about this morato- But I think ultimately if we get the ca- tleman from Iowa, and I rise to address rium, that is what we are talking pacitors to ever store electricity, solar some of the issues that were raised by about, wealthy folks in the country could provide all our power, and this our colleague from New York, whose

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.119 H10SEPT1 jbell on PROD1PC69 with HOUSE H8010 CONGRESSIONAL RECORD — HOUSE September 10, 2008 sincere earnestness was not matched had time to write a book, but not a bill ical statement, which encouraged our by his argument’s accuracy. on energy. We still do not have a bill enemies, discouraged our allies, dis- Let us look at this situation squarely on energy. We still have nothing in couraged our troops, and said to them in the face. You can either increase front of us, except what? A bill that that this Congress wasn’t behind them. America’s supply of its own domestic has already been introduced called the I heard Member after Member say, ‘‘I natural resources in oil and gas, or you American Energy Act. And whether it support the troops, but I oppose the won’t. Now, if you want to support it is fact or fiction, or good or bad public mission.’’ I would submit that that is and increase the supply of American oil policy, we can debate that, if you let philosophically inconsistent. You sim- and natural gas, which we have to un- us. We can debate that and have a vote, ply can’t take a position that says I derstand is that every time you play if you let us. want our troops to know that I am be- politics, for whatever ideological rea- If you allow this representative insti- hind them, but I am not behind them if son, to have government imposed ra- tution, this beckon of democracy to all they have to go out and put themselves tioning over America’s production of the world to actually function as it is in harm’s way in an operation that I their own domestic natural resources, intended under the Constitution of the disagree with. you are going to increase the cost to United States and as it has been en- This Congress voted to authorize the the American consumers, because the trusted to us by our constituents, put President to use military force in the more you hold back, the less supply is it up for a vote. Let our voices be heard places and locations that we are. And added, and this at the very time that on behalf of our constituents, and let once that vote goes up, we are to stand global demand increasing. the majority, if not a party prevail, but together, not divided, and we are not to What you are going to want to do is the people prevail. That is all we ask. be going to foreign countries to nego- increase the supply as best you can, as But let us be clear about what the tiate with terrorists, tyrants, dic- fast as you can, so you can help Ameri- stakes are and the positions are. We tators, or any parts of any evil empire, cans who are suffering. What we have support an all-of-the-above strategy. carrying on foreign policy out of this seen out of this Democratic party is We want maximum domestic energy Congress. That is the President’s re- quite simply a fig leaf plan to do noth- production as a part of it. We do not sponsibility, by Constitution the com- ing. want minimum energy production as mander-in-chief, and he conducts our First, do-nothing bills that come to part of an ideologically zealous pursuit foreign policy, Mr. Speaker. this Congress that are purported to be of some unobtainable future in the I am fairly fresh back from a trip energy bills are in fact lethargy bills near term which is going to devastate over to some of those parts of the that are designed in fact to have a Americans’ lives now. world that have given us a significant supermajority required to pass them. I yield back. amount of grief since September 11th, Why are they designed so have a super- Mr. KING of Iowa. I thank the gen- and among those places in the world, majority to pass them? Why make it tleman from Michigan. And it occurs three stops that I will speak of tonight harder to do something that will actu- to me as I listen that not only is there are Iraq, Afghanistan and the sovereign ally help Americans at the pump? Be- no energy bill on the floor, there has state of Georgia, all in that order. cause they are designed to fail, and been only one appropriations bill come My report, Mr. Speaker, back from they are not allowed to be amended by through the House of Representatives, Iraq, is the easiest one and it is the the Members on this floor. So this is where all appropriations have to begin, most optimistic one of the three to de- part of a cynical strategy to put for- Mr. Speaker, and that appropriations liver. It was my sixth trip into Iraq ward a do-nothing bill, get nothing bill, of course, hasn’t gone anywhere in over the time that I have been in Con- done, and refuse to accept your ac- the Senate. And this is the longest pe- gress since the beginning of Operation countability as the Democratic major- riod of time in the history of the Iraqi Freedom. ity. United States of America that this Over that course of time, I have made All we are asking the Democratic Congress has failed to do its duty and it a point to get around the country so majority is to either agree with us to responsibly pass appropriation bills, that I can be in the different corners to have a bipartisan vote on the all-of- that have to begin here by Constitu- see what is going on in places like the-above energy plan or to be honest tion, do go over to the Senate, are to Kurdistan, in Mosul, up in Irbil, down with the American people. We have come back here in a conference report, in Basra, certainly Baghdad, up to heard that somehow the Republican generally speaking, unless the Senate Ramadi and over to Fallujah, a couple Party is engaged in a myth. Well, if it agrees, and go to the President for his of times to Fallujah, Taji comes to is a myth, then let us put it to the test signature. mind, Balad comes to mind, Baja on the floor with a vote. Let us see how We are here knew on the eve of the comes to mind, at some of the places many Democrats believe it is a myth. seventh anniversary of September 11th. that I have had the privilege to go to The Republican Party can pass noth- Tomorrow is the day, the seventh anni- get a sense and a feel for the things ing in this House without Democratic versary. And yet a few days later, at going on in that country. support. We believe we have it, and if midnight, September 30th, if this Con- Always briefed by our top officers, al- we don’t, we will accept the defeat, gress doesn’t act, if the responsible as- ways had an opportunity to sit down move forward and try to find a way to signments that should come from the the State Department, usually the U.S. work with the Democratic Party’s Speaker of the House aren’t brought Ambassador, usually also the corps leadership, which seems to believe that forward, Mr. Speaker, this government commander of our military there on the United States does not need to in- shuts down. That means it shuts off all the ground. I met General Petraeus for crease its own domestic energy sup- money going to the various depart- the first time in Mosul when he com- plies, but rather needs to go cold tur- ments of government. manded the 101st Airborne, that was in key into an oil-free future, which I con- I do not think that will be allowed to October of 2003. And as this situation tinue to stress is going to callously in- happen, because that would be too ob- unfolded, I met with General Sanchez, flict pain upon Americans’ pocket- vious to the American people as to General Casey, and now back to Gen- books and their quality of life. what is going on here. But there is no eral Petraeus again as the commander This is an ideological battle, but it is energy bill. There are no appropriation of our troops in Iraq. He is posed now not an ideological battle amongst the bills. to be raised up to be the commander of majority of Members of Congress. But what we have seen in this 110th CENTCOM, and we will see General Again, I could be wrong, but give us an Congress is 40 resolutions, 4–0, 40 reso- Odierno step in as the commander of up-or-down vote. lutions have been brought to the floor our military in Iraq, entirely capable, In fact, as you know, through the of the House of Representatives de- and I think an excellent and wonderful Chair to the gentleman from Iowa, as signed to unfund, underfund, or under- choice, and someone whom I have met you know, we have seen this Demo- mine our troops. We took votes on over there as well over the course of cratic Congress take a 5 week paid va- them and debated them intensively. the travels. cation while 84,000 Americans were put And none of them went anywhere, Mr. One of the things I do as well is I go out of work. The Speaker of this House Speaker, except they made their polit- into a mess hall and I meet with

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.121 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H8011 Iowans. It is something unique about the battlefield and causing a lot of cas- do that. Yet I’d been in Fallujah in meeting with troops from your home ualties and making it difficult to know June 2004. I wasn’t able to go to State. The troops from the home State which way to turn because it was an Fallujah in 2006. It was too dangerous just know that you know somebody asymmetric war. because al Qaeda owned al Anbar prov- that they know if in case we don’t Fifty bodies roughly a day being ince, and they do not any longer. There know each other, and they will always picked up out of the river in Baghdad I are some traces of al Qaeda in the prov- give me the straight line because they mentioned. The situation was grim. Al ince, but they barely exist. They’re in know that we have got a reference Anbar province was so dangerous that little camps out in the desert, and point and they know that they can talk a Member of Congress could not go in they’re being mopped up by the Iraqi to me in confidence and I am not going there just a little more than a year- defense forces and by our defense forces to blow their cover, so-to-speak, and and-a-half ago. as well, Mr. Speaker. they won’t get into a problem with So I reviewed that, and went and vis- Now, 11 of 18 provinces in Iraq have their commanding officer out of any- ited those areas that I could at that been turned over to the Iraqis for pri- thing that I carry on from that con- time. This was Thanksgiving, a year mary security, and that 11th one just versation. ago last Thanksgiving. And I went happened here this past week with al So I am able to cross-reference what back about seven months later, prob- Anbar province being that large area. our troops on the ground know, our ably eight months later, at the end of It’s about a third the area of Iraq and frontline troops, all the way up July last year. Things had gotten bet- the population only about 5 or 6 per- through our officer corps at all ranks, ter. When I couldn’t go to al Anbar cent of it, but it was turned over to the and on to our ambassador corps as province during Thanksgiving of 2006, I Iraqis, 11 of 18 provinces. If you look at well. And I find our military gives us could go in there in July of 2007, and I the map of those 11 of 18 provinces, straight answers, and they have been did. And I went to Ramadi and in fact there are those that are not yet turned doing a selfless job, and they believe in received a briefing there from the Ma- over to the Iraqis for security. As to their duty, and they believe in their rine general that was commanding that this incremental, one province at a mission, and they believe in this coun- region, all of al Anbar province, and time, if the security allows for that, try, and they are there because they saw the change that had taken place. those that are still under U.S. primary want to take this fight off of their chil- That is the famous Sunni awakening, security responsibility are the prov- dren and grandchildren, and also, Mr. the Sunni awakening that was trig- inces that are most likely to still have Speaker, your children and yours and gered by the surge, the surge which some al Qaeda in Iraq in them. They mine grandchildren as well. made a commitment to the military are being mopped up systematically. I agree with them and I honor and sa- operations in Iraq, that said to the At the progress rate they were going, it lute them for it, and I stand with them, Iraqis, we are here, we are with you, looks to me like a year from now it’s I support them, and I support their and we are not leaving. going to be hard to find ‘‘al Qaeda in mission, because supporting our troops When that happened, it triggered the Iraq’’ in Iraq. It looks like the progress and their mission is integral. It cannot Sunni awakening, and they decided that’s being made is very, very posi- be divided. You can’t separate the two. they would throw their lot in with the tive. So there has been significant They have to go together, Mr. Speaker. side that was going to be the winner. progress made there. Here is what I see in Iraq. The cas- They were tired of the tyranny and the Civilian casualties are off more than ualty rates, the civilian casualty rates brutality of al Qaeda, and they under- 80 percent. Sectarian violence is meas- have dropped off more than 80 percent. stood who it was and what kind of peo- ured this way by sectarian death. In I know that a year-and-a-half or so ago ple they allowed in their midst. They Baghdad since mid-April, statistically, they were picking up about 50 bodies turned the other way and decided to we don’t have a single sectarian death every morning out of the river in Bagh- join with us and provide the intel and on our charts. If you look at sectarian dad. The sectarian violence was that also lead a good number of the military deaths in Iraq as a whole, in Iraq prop- bad and the power struggle that was missions to go in and purge al Qaeda er, there have been about a handful of going on was that bad. from al Anbar province. That was hap- sectarian deaths since mid-April till The enemies that we were fighting in pening while I was there a year ago today. So, if you look at the line on the Iraq a year-and-a-half ago came down last July, Mr. Speaker. charts, that number was going on to these definitions. We were fighting, And as I looked at the map that someplace over 2,000 in a matter of a of course, al Qaeda in Iraq was our showed the mosques and what they limited period of time—and I believe it number one enemy. We were fighting al were preaching in their services in the was a week—and I hesitate to say so Quds, the Iranian influence of their mosques, there was a time when it was specifically, Mr. Speaker, but that training of terrorists and their arming about a 90 percent anti-coalition mes- number on the chart goes up over 2,000, of terrorists. They foment terror with sage. By then, by a little over a year and now it goes down to zero on sec- whomever they can. But the Iranian in- ago, it was a 60 percent neutral mes- tarian violence. fluence was there. sage, 40 percent pro-coalition message. We were fighting Muqtada al-Sadr, No mosque that they had for record You see that measure. You look at his al Mahdi military, his militia. That was preaching an anti-coalition, anti- American casualties in Iraq. There was was three. We were fighting also the American message. It was a significant a period of time for 7 weeks, from the Badr Brigades, a couple of different di- sea change that was taking place there. 1st of July until into August—I think visions, a couple of different separa- When the Iraqis, the Sunni Iraqis came that date would be about August 18— tions or identities of them. Organized around on our side, they began to purge where the combat deaths in Iraq were crime was another component. The al Qaeda from their midst. exactly the same as accidental deaths pure power struggle going on within A little more than a year later, I in Iraq for American troops. There the communities was another compo- went back, 13 months later to be more were 15 accidental deaths and 15 hostile nent of fight going on a year-and-a-half accurate, Mr. Speaker, and went into deaths that took place in Iraq on ago. some of the same regions and met with American troops. That’s the measure But I would have to say that al Qaeda the Marine unit that was there, a dif- that, I think, is the one that provides in Iraq was number one, probably al ferent commanding general there this the most optimism for me when the Quds, the Iranian influence was num- time, this time General Kelly. What I relative risk to being, let’s just say, in ber two, Muqtada al-Sadr was number saw was something that was even safer a Humvee wreck is equivalent to being three. Former Ba’athists, I didn’t men- yet, and much improved, al Anbar shot by a sniper or from having an IED tion them, was another enemy we had. province. detonated in a fatal fashion. Those Then organized crime, then the Badr measures tell me that security is going Brigades and another Shia group that b 2300 up and that violence is going down dra- was in there. In those trips, I went shopping in matically. If you look at the charts on So it comes to five, six or seven dif- downtown Ramadi. I went back to the attacks that are taking place, ferent enemies that were cluttering up Fallujah. There was a time I couldn’t whether they be on Iraqi forces or on

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.122 H10SEPT1 jbell on PROD1PC69 with HOUSE H8012 CONGRESSIONAL RECORD — HOUSE September 10, 2008 U.S. coalition forces, all of those num- on Baghdad’s violent death rates, and companies were negotiated contracts. I bers are down. They’re down to histori- so I didn’t quote such a thing, but I can understood they were no bid contracts. cally low levels, down to the levels say today, Mr. Speaker, that now we do They would now be working on devel- where they were right after the libera- have legitimate statistics on Baghdad’s oping those oil fields in Iraq. Instead, tion of Iraq that took place in March violent death rates. Senator SCHUMER from New York, Sen- and in early April of 2003. That should Mr. Speaker, I can tell you without ator MCCASKILL and, I believe, Senator give us great hope, Mr. Speaker. hesitation that it is today more dan- KERRY from Massachusetts all lined up The situation in Iraq today is not yet gerous to live in Detroit than it is to and signed a letter, criticizing the no what we can call a victory, but it is, I live in Baghdad. It’s safer to be in bid contracts that Iraq had entered believe, what we’ll be able to look at to Baghdad than it is to be in Detroit. Do into. say we know what victory will look you know it’s safer to be in Detroit The result of that was they pulled like from here if we can sustain these than it is to be in Washington, DC, and those contracts down, and Iraq has low levels of violence and if we can it’s safer to be in Washington, DC than been set back another year on devel- drive them down even further. it is to be in New Orleans, and it’s oping their oil. They’re doing that at a We have to remember that Iraq is a more dangerous to be in New Orleans time of record high oil prices. So the more violent country than we are here than it is to be in Swaziland? That puts delay on this won’t just be they don’t in the United States of America as a it in perspective, Mr. Speaker. get to sell that number of barrels of oil whole. So, traditionally, they’ve had The violent death rates go like this: next year or the year after or the year more violence. They have more vio- 88 per 100,000 for Swaziland, 23 per after, but the profit that comes from lence that comes from people settling 100,000 for Iraq, 41 per 100,000 for De- high oil prices needed to be capitalized scores, from having more grudge troit. I’ve got to guess at this number on. They’re set back at least a year, matches. They don’t have the long tra- now because Washington, DC’s num- Mr. Speaker, because of interference on dition of the rule of law like we have in bers have gone down. They’ve gone the part of the United States Senate in the United States. down from, I think, about 46 per 100,000. the sovereign business of Iraq. We said I just came from a reception where I That number is a little bit lower than we didn’t go there for their oil. Why joined with Judge Juhi, who was one of that, but it’s still above Detroit’s at 41 are we sticking our nose in that busi- the judges who sat in judgment of Sad- per 100,000. New Orleans used to have a ness? They wanted to award contracts dam. Many of you will remember him— number of about 53 per 100,000. Post- to U.S. companies on a legitimate a youthful judge who was the first one Katrina, it has posted violent death basis. Because they needed to move, to retort back to Saddam when Sad- rates of up to 90 violent deaths per they didn’t have time to do bid con- dam asked him ‘‘Who appointed you?’’ 100,000. It’s more dangerous in New Or- tracts on this. They wanted to agree. Judge Juhi said, ‘‘You appointed me leans than it is in Swaziland. It’s more They had the money. They could be and I’m doing my job.’’ This man is dangerous in Detroit than it is in working today, and they’re not because now in the United States, and I’m Baghdad. It’s more dangerous in Wash- of interference on the part of the proud to have him here. I’m proud to ington, DC than it is in Baghdad. That United States Senate. welcome him here to the American puts this all into perspective for us. As But Iraq is still moving forward, and soil. I met with him in Iraq. He showed for the safety in the entire country of they’re producing more oil than ever courage. He stood up for the rule of law Iraq, aside from Baghdad averaged into before. They’re producing more elec- at great risk. I recall at least one judge that, it is still safer to live in Iraq than tricity than ever before. The oil is who was killed in this. Judge Juhi did it is to live in Oakland, California, and being refined in Baji, and it’s going up survive this and has come through it it actually has been for some time. the pipeline to the north and out to all, and that’s the kind of courage that That’s a sign of success. We see the Turkey. It’s also going down to Bagh- we’re seeing in the Iraqi people as they film on the violence that comes con- dad and on down to Basra, and it’s step up to defend their own freedom, stantly out of that part of the world, being exported off of the two platforms Mr. Speaker. Mr. Speaker, but we ought to also pick that Iraq has out in the ocean. Their Some of these measures are this: The up on some optimism because our navy is patrolling those platforms and level of security in Iraq probably never troops have done their job. is providing security there. Progress is gets down to the level of security in The Iraqi Government is stepping up. being made. There’s a lot to be done in the United States. They’re a different They’re sitting on a $79 billion fund. I the country, but they do have an infra- kind of people than we are. There are want to call it a surplus, but it really structure, and they do have a tradition more violent countries in the world is not. They’re having difficulty allo- of education. They do sit on a lot of oil, than Iraq as well, and I could name you cating those funds and in getting them and I believe they will for a long time a few of them. One of them is Colom- out to the local political subdivisions be a moderate, Arab, prosperous ally to bia. Their numbers have gone down, and in getting them out to the Iraqi freedom in the Middle East. I’m hope- but about 3 years ago, when I com- people. They don’t have a tradition of ful that they will provide an inspira- mitted some of their violent numbers anything except central command, and tion for the Iranians to reach out and in the world to memory, they had people are reluctant to make decisions to grasp their own freedom in a fashion about 63 violent deaths per 100,000. The for fear they will be accused of fraud or that the Iraqis have today. most violent country in the world is corruption. So, if you don’t make a de- That’s Iraq, Mr. Speaker, and I’m en- Swaziland. There are 88 violent deaths cision, you cannot be accused of doing couraged by it, and I hope to be able to per 100,000 in Swaziland. That sounds very much, and that delay that’s part look back on this time and this date, horrible to think of that, that 88 out of of a culture of not having a delivery perhaps, and see that the progress con- 100,000 would be killed in a year in a system is starting to cause some prob- tinues to be made and that the Iraqi country like that. Well, in Iraq, their lems in Iraq, but it’s the right kind of people step up. violent death rate is down around 23 problem to have: $79 billion and not If there is anything that I’m con- per 100,000 today. It was 27.51 back in being able to figure out quite how to cerned about there—and there are a 2005. Today, it’s 23 per 100,000, and that spend it. number of things—it is that I’m con- includes the violent deaths across the They need to develop their oil indus- cerned that the Iraqis are a little over- country. try, Mr. Speaker. They had, I believe it confident on their current military ca- I have been accused, Mr. Speaker, of was, five oil companies and six con- pability. I believe they undervalue laying out, roughly, 3 years ago statis- tracts that they had signed to ask American communications and Amer- tics and that this was a false quote. It these oil companies to bring their tech- ican air cover and our backup fire- was not something that I’d said, but I nical expertise into Iraq and to evalu- power that we have and the logistics was accused of saying that it was more ate inventory—the wells inventory, the that support their operations, and so dangerous for my wife to live in Wash- supply of untapped energy that they that’s one of the concerns that I have ington, DC—this is in 2005—than it was have and the inventory of the pipe- about the Iraqis. to live in Baghdad. In 2005, Mr. Speak- lines, the delivery system, the proc- Another one would be, if Muqtada al- er, we didn’t have legitimate numbers essing, the entire network of oil. These Sadr and the Iranians decided to light

VerDate Aug 31 2005 03:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.123 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H8013 it up again in Iraq, this could go south So in the summertime, this time of when a foreign power has defeated an pretty fast. I don’t think that al Qaeda the year when the temperatures got to insurgency, when those insurgents can mount a tactical military approach 125, it cooled off to 115 when we were could retreat to another country that again in Iraq under the situation there. Then the vehicles and any traf- was a sanctuary. I don’t believe it’s they’re in. They can do some terrorist fic, any animal traffic fills the air with ever happened in history. attacks, but they can’t do coordinated dust. The wind blows and it fills the air So the situation that we’re in today, terrorist attacks of the magnitude with dust. Our troops get stuck in the Mr. Speaker, is, we either have to re- they have done in the past. That’s why dust. Their equipment will get stuck in write history, excuse me. We have to the attacks and the violence have the dust. It’s that deep and that soft on write new history. We have to write a dropped off substantially, but you can some occasions. new precedent for how to defeat a sov- see what victory can look like from And as the weather changes and we ereign sanctuary that had, how to de- where we are today in Iraq. go into the winter time and the rainy feat an insurgency that has a sanc- On the other hand, Mr. Speaker, Af- season, then that dust turns to mud. tuary in a sovereign country. We either ghanistan is a bit of a different story. And of course the equipment will be set new precedents for history, or we I went back to Afghanistan also a little stuck in the mud instead of the dust. are slowly learning a bitter lesson of over a week ago, and I traveled to the But the dusty covered mountains and history. And today, Mr. Speaker, I central and eastern and a little bit of the dust covered high plains going to don’t know the answer to that ques- the southern parts of the country in the West from Kandahar on over, and tion. It will be determined by history. some regions that I hadn’t been be- looking across that countryside, and I But at this point, I don’t believe that fore—Kandahar. I traveled to the cen- asked the question of the veterans who we have a lot of options for September tral and western parts of Afghanistan, were there that served for a long time and October or November, except to to areas I hadn’t been before. I had in Afghanistan, do these mountains maintain and limit the movement of been to the east into the mountainous ever turn green? Do these high plains our enemies there. There are at least regions, to the northeast where the ever turn green? Is there vegetation nine different identifiable enemies mountains go up pretty sheer, pretty that grows during a time of the season there. I went through the list of en- vertically. It’s sheer stone and rock, when it rains? And the answer is no. emies we had in Iraq a year and a half and there’s not much going on with the They just stay dust. And it’s all ago. The list of enemies is down now to where they barely exist there today. exception of a little bit of civilization dustier, except down in the narrow But over in Afghanistan they list in the valleys. There are very narrow, parts of the valleys where civilization nine enemies for me and they call them goes up and down the valley. And little, green valleys with some vegeta- the syndicate of enemies. I can’t list that’s of course where the Taliban tion. them all from memory, but they in- I traveled west in Afghanistan, over travel, up and down the valley. And clude the Taliban and al Qaeda, seven to Kandahar, and then on down to a Helman Province is one of the places other groups that are, most of them camp called Camp Bastion. The flight where we were. are camping in the mountains and Afghanistan produces 90 percent of over that way is a different topog- training there and mounting their at- the world’s poppies for opium and her- raphy. It’s mountainous, yes, but the tacks from those locations where they oin. And 90 percent of that, 80 percent mountains are simply dust all the way believe that they are safe from Amer- of Afghanistan’s poppies are raised in to the top with little valleys in be- ican attacks. They aren’t always. Helman Province. And so we were tween that are the narrowest slivers of Sometimes we find an opportunity to there. green areas where there is some popu- strike a target in that region as well. It wasn’t the poppy season. But the lation that lives, Mr. Speaker. Then But with the unrest in Pakistan, Taliban come up and they will front a there are the high plains that lay out with the new leadership that’s just in a high plains desert. If you describe crop and they’ll say, here, I’ll give you taken place there, with a presidential it in one word, Mr. Speaker, the pre- some money, half of what your crop is election coming up in this country, vailing situation in that part of Af- worth. Raise some poppies this year with resources that I believe need to be ghanistan—and it’s a vast part of Af- and I’ll be back at harvest time to pick refurbished and reinforced in Afghani- ghanistan—is dust. There’s dust every- up the crop and I’ll pay you the bal- stan, this is the time that we begin to where. There’s dust all the time. ance of what I owe you. We’ve got move on the political and the economic There’s dust in the air. There’s dust Taliban brokering, it’s kind of like a fronts until we can set the stage to settling on everything. Actually, this farm bill or a banker; here’s the front eradicate that habitat that breeds ter- is from Kabul all the way to the west money, put your crop in, and we’ll ror in Pakistan. as far as I’ve gone. come back and collect the harvest of It is a very tough nut to crack. It When you go through the market, the opium crop that you have. We’ll will be very difficult. I have said for you’ll see the watermelons and toma- pay you the balance that we owe you years that we would be in Afghanistan toes at this time of the year covered and then they go back to Pakistan. longer than we’ll be in Iraq. I said that with dust that hovers in the air. The Taliban and al Qaeda will penetrate because Afghanistan is closer to the visibility is limited. There is meat as far as they can go until they run stone age. They don’t have the oil hanging in open markets, some of it into American troops, whether it’s Ma- wealth that Iraq has. They don’t have with the wrapping on it and some of it rines in that area or Army troops in the prosperity. They have a Gross Do- hanging out in the open, collecting other areas. And there is far too much mestic Product of $7.5 billion, Mr. dust from the air. Many times, our ranging of the enemy across that coun- Speaker, and $4 billion of that Gross planes are grounded because the visi- tryside. They’ve got too much freedom Domestic Product is the poppies. bility is so low that they can’t fly on or of movement. And yes, we’re doing, I So I would submit that we should off the runway. There’s dust every- believe, as much as we can with the re- just simply remind Afghanistan, Af- where. sources that we have there. But I look ghan farmers, it’s against the law to across at Pakistan, and up until a few raise poppies, and we’re going to en- b 2315 days ago the leadership there was a force the law and it’ll be Americans And so dust is a prevailing piece. The jump ball. Yet, Pakistan is a sovereign that do it if we need to. And as I had roads, we built a ring highway around sanctuary that neighbors Afghanistan. that discussion with some of the pow- Iraq, and that is paved and that let’s I continually ask this question of our ers that be in that country, they said traffic get around the—excuse me—the military historians, Mr. Speaker. Give to me that the poppy crop in Afghani- ring highway around Afghanistan. And me an example of an insurgency that stan was the equivalent to, it was ei- that’s paved. It lets traffic go around was defeated by a foreign power, an in- ther one or two football fields wide all that current in the ring highway, but surgency that had a sovereign sanc- the way around the world. It would be the balance of the highways, with few tuary to retreat and be resupplied and impossible to go in and spray all those exceptions, are dust, dirt, not gravel retrained and rearmed from. I’ve yet to poppies. and not asphalt, not paving. They’re get an answer to that question from And I brought up the fact that we’ve dirt. any of our military historians as to sprayed almost, we’ve sprayed most of

VerDate Aug 31 2005 04:20 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.124 H10SEPT1 jbell on PROD1PC69 with HOUSE H8014 CONGRESSIONAL RECORD — HOUSE September 10, 2008 the acres of corn and soybeans in Iowa. December 31, 1991. We might call that And here’s where this—now he’s And we did so in 6 weeks. And we have the end of the Cold War, Mr. Speaker, learned. Now, Mr. Speaker, he’s learned enough spray planes parked in the but it was not to be. this; that you can play chess or you hangars in Iowa that that’s the off sea- Jean Kirkpatrick’s exact quote, this can play Monopoly, but if you’re going son to go over there. I think that we is the way it shows up when you check to be a master at this global hegemony could take care of the poppies in Af- it, as opposed to checking my 24-year- that he is playing today, if you’re look- ghanistan without breaking a sweat. old memory, reads this. 1984. ‘‘Russia is ing for dominance and if you’re looking Might get shot at a few times, but we playing chess while we are playing Mo- to be a super power, then you have to would end that trade in opium that is nopoly. The only question is whether play Monopoly and chess on the same funding our enemies. they will checkmate us before we bank- board, and you have to do it master This is a strange, strange war, Mr. rupt them.’’ That was the statement fully. Speaker, when we’re paying an exorbi- that Ambassador Jean Kirkpatrick So the Soviet Unions’s economy tant price for oil, and that money goes made in 1984. That’s the statement I wasn’t that strong. It’s never been that into the pockets of people that don’t think illustrates what was going on dynamic. It’s been focused on central like us very much. And some of it gets then during the Cold War, and I think planning, Mr. Speaker. But what has into the pockets of our enemy, called it’s the statement that illustrates come along for them as a windfall be- the Taliban and al Qaeda and a number what’s going on now in places like cause they happen to sit on a massive of other enemies. Georgia. amount of the world’s energy and the At the same time, the American de- Putin has expressed that the most world’s oil, and with high oil prices mand for illegal drugs is funding the tragic thing that’s happened in his life- that went up to $140 a barrel and per- poppy trade in Afghanistan, along with time was the collapse of the Soviet haps more than that, Putin saw the the European demand for illegal drugs Union. And I would say, no, that cash come rolling in, so he didn’t have as well. They’re tapping into that, and marked the end of the Cold War. It was to do a lot of smart things economi- it’s another place where we’re funding one of the best things that happened in cally. All he had to do was keep pro- our enemy. So we’re paying for both my lifetime, perhaps the best thing ducing oil, keep selling oil. And if he’s sides of the war. that’s happened globally in my life- doing that, then Russia is building up We’re watching our economy atrophy time. We see that differently. wealth and we’re watching the West, because the cost of energy is going up He saw the Soviet Union as a power the free world, we are energy con- and up and up while we’re marching that perhaps needs to be reconstructed. sumers and we have energy deficits. through this long hard slog. And so when Putin came to power, we Europe, eastern and western Europe As much optimism as I have for Iraq, saw him consolidate his power and imports a lot of their own energy, nat- as much caution as I lay out here for make his moves to negate legitimate ural gas and oil, and they import a lot Afghanistan, I relate to that concern, elections, set himself so that he could of it from Russia. In fact, Europe im- Mr. Speaker, concern for Georgia. That be the power broker in Russia and real- ports 25 percent of their oil from Rus- was the last strategic stop on the trip, ly the true power in Russia. sia, and they import 40 percent of their unless you count St. Paul, at the con- We know that President Bush has natural gas from Russia. vention. And what I see in Georgia is said that when he looked in Putin’s So if Vladimir Putin can shut down this: I believe that—— eyes he sees a friend. I understand the the oil valve going into Europe, a huge Well, first, to take it to the Georgia reasons for him saying that. But when oil pipeline coming into a free country situation, Mr. Speaker, I actually went JOHN MCCAIN said, when I look in his means cheap energy. Energy is a com- in and Googled the exact quote so I eyes I see KGB, and I think JOHN ponent of every part of our economy. could get right. Here’s my recollection, MCCAIN sees it clearly. Everything that we buy and sell and and then I’ll take it to the exact quote. Putin is a KGB chess player, Mr. trade, it takes energy to produce it, en- Back in the year I believe it was 1984 Speaker. And he saw what happened ergy to deliver it, it takes energy to re- was the year, if I remember correctly, when the wall came down in 1989 and ceive the delivery of it. It takes energy that Ambassador Jean Kirkpatrick when the Soviet Union collapsed in the to heat our homes and our factories stepped down as Ambassador to the end of 1991. He saw that the Soviet and air condition them and light them United Nations. She was appointed by Union had been bankrupted economi- and get from place to place and manu- Ronald Reagan. She served there and cally before they could checkmate the facture and produce food, clothing, served honorably and served well, and United States militarily. He saw that fiber, you name it. It all takes energy. she left a legacy, but she decided it was Jean Kirkpatrick’s analysis was cor- And a nation that has an abundance of time for her to leave that post. And so rect, and he saw it play out because we real cheap energy has a real big advan- as she stepped down as Ambassador to were better Monopoly players with our tage over NATIONS that have only a the United Nations, I remember seeing free market economy than the Soviet little bit of energy. The high priced en- an article, tiny little article on page 3 Union was chess players. We got there ergy. And nations with costly energy or 4 of the newspaper that I was read- first because our economy was strong- cannot compete with other nations ing at the time where it quoted her as er. We upped the ante. that have cheap energy, all other saying that was going on in the Cold And by the way, we played chess on things being equal. War was the equivalent of playing the board too. We had a military esca- chess and Monopoly on the same board. lation. We built up our military, built b 2330 The contest between the super power of up our troops. Ronald Reagan called And so Putin knows that sitting the United States, super power of the for it. And he walked out of the nuclear there looking at this global chessboard, Soviet Union, playing chess and Mo- missile negotiations in Reykjavik, Ice- this global Monopoly board, simulta- nopoly on the same board. And the land he walked away from it, to the neously sitting on top of this oil, that question was, would we bankrupt the gasps of his own staff. And he went into if he can decide whether oil goes east Soviet Union economically before they Berlin and he said, Mr. Gorbachev, or west, he can determine whether checkmate us militarily. Now that open this gate. Mr. Gorbachev, tear going to the east, whether China’s statement, and she sadly passed away a down this wall; and down it came. And economy prospers, or maybe the same couple of years ago, Jean Kirkpatrick. down came the iron curtain, crashing oil going to the West, whether Eastern But that statement was made by my with it. And the end of the Cold War on or Western Europe’s economy prospers. recollection, 24 years ago. And it has the last day of 1991 marked the end of He built a Trans-Siberian pipeline to often framed the viewpoint with which the Soviet Union. go to China to take Russian oil to I look at this super power contest But Vladimir Putin has been putting China. And in Kazakhstan, they built that’s going on. And it really framed it this back together again. Humpty an oil pipeline to take some of the when I watched the Berlin Wall begin Dumpty fell off the wall and had a massive amounts of oil they have in to come down on November 9 of 1989, great fall. But Humpty Dumpty is Kazakhstan into China. But from the and it framed it more when the Soviet being put back together again by same locations, Kazakhstan and that Union imploded, and I’ll pick the date Vladimir Putin. region—and here I have in this chart,

VerDate Aug 31 2005 04:20 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.125 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H8015 Mr. Speaker, I think I have got some of They could decide whether the free ADJOURNMENT these countries, here is Kazakhstan— world’s economy would atrophy or Mr. KING of Iowa. Mr. Speaker, I there’s a significant amount of oil in whether it would prosper. move that the House do now adjourn. this region here. Uzbekistan less oil, If you’re in a position like that and The motion was agreed to; accord- Turkmenistan even less. But this you’ve had the lesson that Putin has ingly (at 11 o’clock and 35 minutes amount of oil in this region needs to had, he lost the Monopoly game and he p.m.), under its previous order, the come through. checkmated his chess game, because House adjourned until tomorrow, There’s a pipeline across the Caspian their economy collapsed. He’s learned Thursday, September 11, 2008, at 11 Sea, and then it comes from here into the lesson. Now he’s playing Monopoly a.m. Georgia. This little country here, 4.6 and he’s playing chess, and he’s sitting f million people, is Georgia. Tbilisi is on this square in Georgia. He’s sitting where I was about a week ago, the cap- on a massive amount of oil. He has a EXECUTIVE COMMUNICATIONS, ital of Georgia. This square right here diabolical plan, and we’re Americans ETC. is the square through which the pipe- sitting here naively arguing that well, Under clause 8 of rule XII, executive lines across the Caspian Sea, the cen- we don’t want to develop any American communications were taken from the tral Asian energy, oil and gas, if it’s energy. Speaker’s table and referred as follows: going to go to the west to get out Mr. Speaker, we must open up all 8183. A letter from the Captain, U.S. Navy through the Straits there at Istanbul American energy now. Every form. It’s Deputy Chief of Legislative Affairs, Depart- and out into the Mediterranean and imperative. Whether we’re going to be ment of Defense, transmitting notice of the out into western Europe, it has to a superpower 10 or 20 years from now completion of a public-private competition come through Georgia. Putin knows for administrative support services, pursuant depends on the decisions we make in to 10 U.S.C. 2462(a); to the Committee on that. this Congress today. All energy all the Armed Services. He sits up here and in control of the time. Drill ANWR, drill the Outer Con- 8184. A letter from the Principal Deputy, Russian region looking at this oil that tinental Shelf, develop the oil from the Department of Defense, transmitting author- he has next door watching how it can oil shale areas in the West, open up all ization of Daryl W. Burke, Scott M. Hanson be controlled, and it must come of our natural gas. Let’s do coal, let’s and Jeffrey G. Lofgren to wear the author- through Georgia. When I met with the do nuclear, let’s do ethanol, let’s do ized insignia of the grade of brigadier gen- Georgians, they said to me, ‘‘We al- biodiesel, let’s do wind, let’s do solar, eral, pursuant to 10 U.S.C. 777; to the Com- mittee on Armed Services. ways knew he was going to do this. We all forms of American energy. 8185. A letter from the Acting Assistant always knew the Russians would come Let’s save our freedom, Mr. Speaker. Secretary Legislative Affairs, Department of in and occupy our country,’’ because f State, transmitting a report concerning an this square, Georgia, is the square on amendment to Part 121 of the International the chessboard where he can control LEAVE OF ABSENCE Traffic in Arms Regulations (ITAR), promul- whether this oil in this region comes By unanimous consent, leave of ab- gated pursuant to the Arms Export Control into Europe or whether it goes on to sence was granted to: Act, 22 U.S.C. 2778 et seq.; to the Committee on Foreign Affairs. Mr. SENSENBRENNER (at the request the east on over to China, just off the 8186. A letter from the Under Secretary of chart here. of Mr. BOEHNER) for today until 2:30 Defense, Department of Defense, transmit- A pipeline exists to go from p.m. on account of his primary elec- ting the Department’s Year 2007 Inventory of Kazakhstan to China. There’s a pipe- tion. Commercial Activities, as required by the line that exists from Russia that goes f Federal Activities Reform Act of 1997, Pub. on into Europe, several of them actu- L. 105-270; to the Committee on Oversight SPECIAL ORDERS GRANTED ally, and a pipeline from Russia that and Government Reform. goes down into China, Mr. Speaker. By unanimous consent, permission to 8187. A letter from the Chairman, U.S. address the House, following the legis- Merit Systems Protection Board, transmit- This is where the valve is right here. ting the Board’s report entitled, ‘‘Federal That’s where he can turn it on and he lative program and any special orders Appointment Authorities: Cutting through can turn it off, and he can decide if it heretofore entered, was granted to: the Confusion,’’ pursuant to 5 U.S.C. goes east or if it goes west. If it goes to (The following Members (at the re- 1204(a)(3); to the Committee on Oversight the east to China, their economy pros- quest of Mr. MCDERMOTT) to revise and and Government Reform. pers; if it shuts off the oil going to the extend their remarks and include ex- 8188. A letter from the Principal Deputy West, these economies in Europe atro- traneous material:) Assistant Attorney General, Department of Justice, transmitting the 2006 Annual Report phy. Mr. MCDERMOTT, for 5 minutes, of the National Institute of Justice (NIJ), If he can team up down here with today. pursuant to 42 U.S.C. 3766(c) and 3789e; to the Ahmadinejad and the Straits of Mr. PALLONE, for 5 minutes, today. Committee on the Judiciary. Hormuz, and they can threaten to—or Ms. WOOLSEY, for 5 minutes, today. 8189. A letter from the Principal Deputy close the Straits of Hormuz, they can Mr. DAVIS of Illinois, for 5 minutes, Assistant Attorney General, Department of also decide whether oil goes to the today. Justice, transmitting the Department’s West, the free world, the Western Mr. ELLISON, for 5 minutes, today. quarterly report from the Office of Privacy Hemisphere, or whether it is stuck up Mr. DEFAZIO, for 5 minutes, today. and Civil Liberties as required by section 803 of the Implementing Recommendations of Mr. KAGEN, for 5 minutes, today. in here in the Middle Eastern region. the 9/11 Commission Act of 2007, Pub. L. 110- That is a powerful position to be in. (The following Members (at the re- 53, 121 Stat. 266, 360; to the Committee on the If he continues to build this trium- quest of Mr. POE) to revise and extend Judiciary. virate—which is, I believe, Putin, their remarks and include extraneous 8190. A letter from the Program Analyst, Ahmadinejad, and Hugo Chavez— material:) Department of Agriculture, transmitting the Chavez’s oil, he can shut that off as Mr. LATTA, for 5 minutes, today. Department’s final rule — Airworthiness well. He can decide whether to sell it or Mr. POE, for 5 minutes, September 17. Standards; Engine Bird Ingestion [Docket No.: FAA-2006-25375; Amendment No. 33-23] not and who’s going to get it. Mr. JONES, for 5 minutes, September So if you put those three guys at the 17. (RIN: 2120-AI73) received August 19, 2008, pur- suant to 5 U.S.C. 801(a)(1)(A); to the Com- same table, Putin, Ahmadinejad and Mr. KELLER of Florida, for 5 minutes, mittee on Transportation and Infrastruc- Hugo Chavez, they would have con- today. ture. trol—presuming the Straits of Hormuz Mr. TIM MURPHY of Pennsylvania, for 8191. A letter from the Attorney Advisor could be shut down by the Iranians or 5 minutes, today. Regulations and Administrative Law United with Russian help—they would have Mr. WOLF, for 5 minutes, September States Coast Guard, DHS, Department of control of more than 50 percent of the 11 and 12. Homeland Security, transmitting the De- world’s export oil supply. They could (The following Member (at his re- partment’s final rule — Safety Zone; Maine; Sector Northern New England August Swim decide oil prices for the world: running quest) to revise and extend his remarks Events. [Docket No. USCG-2008-0695] (RIN: them up, allowing them to go down and include extraneous material:) 1625-AA00) received August 29, 2008, pursuant and/or they could decide whether that Mr. HALL of New York, for 5 minutes, to 5 U.S.C. 801(a)(1)(A); to the Committee on oil actually goes to those economies. today. Transportation and Infrastructure.

VerDate Aug 31 2005 04:20 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.127 H10SEPT1 jbell on PROD1PC69 with HOUSE H8016 CONGRESSIONAL RECORD — HOUSE September 10, 2008 8192. A letter from the Attorney Advisor Homeland Security, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Regulations and Administrative Law United partment’s final rule — Special Local Regu- mittee on Transportation and Infrastruc- States Coast Guard, DHS, Department of lation; Chris Craft Silver Cup Regatta, St. ture. Homeland Security, transmitting the De- Clair River, Algonac, MI [Docket No. USCG- 8209. A letter from the Program Analyst, partment’s final rule — Safety Zone, 2008 2008-0763] (RIN: 1625-AA00) received August Department of Transportation, transmitting Personal Watercraft Challenge, Atlantic 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule — Airworthiness Ocean, Fort Lauderdale, FL [Docket No. the Committee on Transportation and Infra- Directives; Boeing Model 727-200 Series Air- USCG-2008-0433] (RIN: 1625-AA00) received structure. planes Equipped with an Auxiliary Fuel August 29, 2008, pursuant to 5 U.S.C. 8201. A letter from the Attorney Advisor Tank System Installed in Accordance with 801(a)(1)(A); to the Committee on Transpor- Regulations and Administrative Law United Supplemental Type Certificate SA1350NM tation and Infrastructure. States Coast Guard, DHS, Department of [Docket No. FAA-2008-0013; Directorate Iden- 8193. A letter from the Attorney Advisor Homeland Security, transmitting the De- tifier 2007-NM-230-AD; Amendment 39-15448; Regulations and Administrative Law United partment’s final rule — Safety Zone; Fire- AD 2008-07-07] (RIN: 2120-AA64) received Au- States Coast Guard, DHS, Department of works, Beverly, MA [Docket No. USCG-2008- gust 19, 2008, pursuant to 5 U.S.C. Homeland Security, transmitting the De- 0349] (RIN: 1625-AA00) received August 29, 801(a)(1)(A); to the Committee on Transpor- partment’s final rule — Regulated Naviga- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the tation and Infrastructure. tion Area and Safety Zone, Chicago Sanitary Committee on Transportation and Infra- 8210. A letter from the Program Analyst, and Ship Canal, Romeoville, IL [Docket No. structure. Department of Transportation, transmitting USCG-2008-0470] (RIN: 1625-AA11) received 8202. A letter from the Attorney Advisor the Department’s final rule — Airworthiness August 29, 2008, pursuant to 5 U.S.C. Regulations and Administrative Law United Directives; Boeing Model 747-100, 747-100B, 801(a)(1)(A); to the Committee on Transpor- States Coast Guard, DHS, Department of 747-100B SUD, 747-200B, 747-200C, 747-200F, 747- tation and Infrastructure. Homeland Security, transmitting the De- 300, 747-400, 747-400D, 747-400F, 747SR, and 8194. A letter from the Attorney Advisor partment’s final rule — Safety Zones: An- 747SP Series Airplanes [Docket No. FAA- Regulations and Administrative Law United nual Events Requiring Safety Zones in the 2008-0412; Directorate Identifier 2007-NM-290- States Coast Guard, DHS, Department of Captain of the Port Detroit Zone [USCG- AD; Amendment 39-15327; AD 90-25-05 R1] Homeland Security, transmitting the De- 2008-0218] (RIN: 1625-AA00) received August (RIN: 2120-AA64) received August 19, 2008, partment’s final rule — Safety Zone; Carly’s 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Crossing, Lake Erie, Buffalo, NY [Docket No. the Committee on Transportation and Infra- mittee on Transportation and Infrastruc- USCG-2008-0739] (RIN: 1625-AA00) received structure. ture. August 29, 2008, pursuant to 5 U.S.C. 8203. A letter from the Attorney Advisor 8211. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- Regulations and Administrative Law United Department of Transportation, transmitting tation and Infrastructure. States Coast Guard, DHS, Department of the Department’s final rule — Airworthiness 8195. A letter from the Attorney Advisor Homeland Security, transmitting the De- Directives; Boeing Model 757 Airplanes Regulations and Administrative Law United partment’s final rule — Temporary Safety Equipped with Rolls Royce RB211-535E En- States Coast Guard, DHS, Department of Zone: LST-1166 Safety Zone, Southeastern gines [Docket No. FAA-2007-0225; Directorate Homeland Security, transmitting the De- Tip of Lord Island, Columbia River, Rainier, Identifier 2007-NM-210-AD; Amendment 39- partment’s final rule — Safety Zone; Seafair Oregon. [Docket No. USCG-2008-0755] (RIN: 15583; AD 2008-13-20] (RIN: 2120-AA64) received Fireworks, Lake Washington, Washington 1625-AA00) received August 29, 2008, pursuant August 19, 2008, pursuant to 5 U.S.C. [Docket No. USCG-2008-0732] (RIN: 1625-AA00) to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- received August 29, 2008, pursuant to 5 U.S.C. Transportation and Infrastructure. tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 8204. A letter from the Attorney Advisor 8212. A letter from the Program Analyst, tation and Infrastructure. Regulations and Administrative Law United Department of Transportation, transmitting 8196. A letter from the Attorney Advisor States Coast Guard, DHS, Department of the Department’s final rule — Airworthiness Regulations and Administrative Law United Homeland Security, transmitting the De- Directives; Boeing Model 747-400, 747-400D, States Coast Guard, DHS, Department of partment’s final rule — Safety Zone; Amer- and 747-400f Series Airplanes [Docket No. Homeland Security, transmitting the De- ican Music Festival; Chesapeake Bay, Vir- FAA-2006-26110; Directorate Identifier 2006- partment’s final rule — Temporary Safety ginia Beach, VA [USCG-2008-0759] (RIN: 1625- NM-112-AD; Amendment 39-15585; AD 2008-13- Zone: Astoria Regatta Assoc. Display, AA00) received August 29, 2008, pursuant to 5 22] (RIN: 2120-AA64) received August 19, 2008, Astoria, Oregon. [Docket No. USCG-2008-0726] U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (RIN: 1625-AA00) received August 29, 2008, Transportation and Infrastructure. mittee on Transportation and Infrastruc- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8205. A letter from the Administrator, Bu- ture. mittee on Transportation and Infrastruc- reau of Transportation Statistics, Depart- 8213. A letter from the Program Analyst, ture. ment of Transportation, transmitting the Department of Transportation, transmitting 8197. A letter from the Attorney Advisor Transportation Statistics Annual Report the Department’s final rule — Airworthiness Regulations and Administrative Law United 2007, pursuant to 49 U.S.C. 111(1); to the Com- Directives; ATR Model ATR42-200, -300, -320, States Coast Guard, DHS, Department of mittee on Transportation and Infrastruc- -500 Airplanes; and Model ATR72-101, -201, Homeland Security, transmitting the De- ture. -102, -202, -211, -212, and -212A Airplanes partment’s final rule — Temporary Safety 8206. A letter from the Program Analyst, [Docket No. FAA-2008-0293; Directorate Iden- Zone: Red Bull Flugtag, Portland, Oregon. Department of Transportation, transmitting tifier 2007-NM-287-AD; Amendment 39-15582; [Docket No. USCG-2008-0725] (RIN: 1625-AA00) the Department’s final rule — Airworthiness AD 2008-13-19] (RIN: 2120-AA64) received Au- received August 29, 2008, pursuant to 5 U.S.C. Directives; Construcciones Aeronauticas gust 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- S.A. (CASA), Model C-212 Airplanes [Docket 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. No. FAA-2007-0372; Directorate Identifier tation and Infrastructure. 8198. A letter from the Attorney Advisor 2007-NM-164-AD; Amendment 39-15425; AD 8214. A letter from the Program Analyst, Regulations and Administrative Law United 2008-06-13] (RIN: 2120-AA64) received August Department of Transportation, transmitting States Coast Guard, DHS, Department of 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule — Airworthiness Homeland Security, transmitting the De- the Committee on Transportation and Infra- Directives; Hartzell Propeller Inc. ( )HC- partment’s final rule — Special Local Regu- structure. ( )(2,3)Y(K,R)-2 Two-and Three-Bladed Com- lations for Marine Events; Patapsco River, 8207. A letter from the Program Analyst, pact Series Propellers [Docket No. FAA-2008- Inner Harbor, Baltimore, MD [Docket No. Department of Transportation, transmitting 0254; Directorate Identifier 2008-NE-06-AD; USCG-2008-0392] (RIN: 1625-AA08) received the Department’s final rule — Airworthiness Amendment 39-15591; AD 2008-13-28] (RIN: August 29, 2008, pursuant to 5 U.S.C. Directives; McDonnell Douglas Model MD-11, 2120-AA64) received August 19, 2008, pursuant 801(a)(1)(A); to the Committee on Transpor- MD-11F, DC-10-30 and DC-10-30F (KC-10A and to 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. KDC-10), DC-10-40, DC-10-40F, and MD-10-30F Transportation and Infrastructure. 8199. A letter from the Attorney Advisor Airplanes [Docket No. FAA-2007-28351; Direc- 8215. A letter from the Program Analyst, Regulations and Administrative Law United torate Identifier 2007-NM-074-AD; Amend- Department of Transportation, transmitting States Coast Guard, DHS, Department of ment 39-15192; AD 2007-19-02] (RIN: 2120-AA64) the Department’s final rule — Airworthiness Homeland Security, transmitting the De- received August 19, 2008, pursuant to 5 U.S.C. Directives; Airbus Model A330 and A340 Air- partment’s final rule — Special Local Regu- 801(a)(1)(A); to the Committee on Transpor- planes [Docket No. FAA-2007-0347; Direc- lation; Cape Fear Dragon Boat Festival; Wil- tation and Infrastructure. torate Identifier 2007-NM-253-AD; Amend- mington, NC [Docket No. USCG-2008-0789] 8208. A letter from the Program Analyst, ment 39-15437; AD 2008-06-25] (RIN: 2120-AA64) (RIN: 1625-AA08) received August 29, 2008, Department of Transportation, transmitting received August 19, 2008, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- Directives; Agusta S.p.A. Model A109C, tation and Infrastructure. ture. A109E, and A109K2 Helicopters [Docket No. 8216. A letter from the Program Analyst, 8200. A letter from the Attorney Advisor FAA-2008-0524; Directorate Identifier 2007- Department of Transportation, transmitting Regulations and Administrative Law United SW-77-AD; Amendment 39-15519; AD 2007-26- the Department’s final rule — Airworthiness States Coast Guard, DHS, Department of 52] (RIN: 2120-AA64) received August 19, 2008, Directives; Boeing Model 777-200, -200LR,

VerDate Aug 31 2005 04:20 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\L10SE7.000 H10SEPT1 jbell on PROD1PC69 with HOUSE September 10, 2008 CONGRESSIONAL RECORD — HOUSE H8017 -300, and -300ER Series Airplanes Approved the Department’s final rule — Airworthiness 8232. A letter from the Program Analyst, for Extended-Range Twin-Engine Oper- Directives; Pratt & Whitney Canada Corp. Department of Transportation, transmitting ational Performance Standards (ETOPS) (P&WC) Models PW305A and PW305B Tur- the Department’s final rule — Safety Zone; [Docket No. FAA-2008-0673; Directorate Iden- bofan Engines [Docket No. FAA-2008-0664; Di- Bollotta & Associates USS Midway Fire- tifier 2008-NM-117-AD; Amendment 39-15606; rectorate Identifier 2008-NE-04-AD; Amend- works Display; San Diego Harbor, San Diego, AD 2008-14-11] (RIN: 2120-AA64) received Au- ment 39-15579; AD 2008-13-16] (RIN: 2120-AA64) California [Docket No. USCG-2008-0720] (RIN: gust 19, 2008, pursuant to 5 U.S.C. received August 19, 2008, pursuant to 5 U.S.C. 1625-AA00) received August 29, 2008, pursuant 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- to 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. tation and Infrastructure. Transportation and Infrastructure. 8217. A letter from the Program Analyst, 8225. A letter from the Program Analyst, 8233. A letter from the Program Analyst, Department of Transportation, transmitting Department of Transportation, transmitting Department of Transportation, transmitting the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness the Department’s final rule — IFR Altitudes; Directives; Airbus Model A330 Airplanes and Directives; Empresa Brasiliera de Miscellaneous Amendments [Docket No. Model A340-200 and -300 Series Airplanes Aeronautica S.A. (EMBRAER) Model EMB- 30615; Amdt. No. 475] received August 19, 2008, [Docket No. FAA-2007-0266; Directorate Iden- 135ER, -135KE, -135KL, and -135LR Airplanes, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tifier 2007-NM-170-AD; Amendment 39-15576; and Model EMB-145, -145ER, -145MR, -145LR, mittee on Transportation and Infrastruc- AD 2008-13-13] (RIN: 2120-AA64) received Au- -145XR, -145MP, and -145EP Airplanes [Dock- ture. gust 19, 2008, pursuant to 5 U.S.C. et No. FAA-2008-0182; Directorate Identifier 8234. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- 2007-NM-262-AD; Amendment 39-15577; AD Department of Transportation, transmitting tation and Infrastructure. 2008-13-14] (RIN: 2120-AA64) received August the Department’s final rule — Standard In- 8218. A letter from the Program Analyst, 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to strument Approach Procedures, and Takeoff Department of Transportation, transmitting the Committee on Transportation and Infra- Minimums and Obstacle Departure Proce- the Department’s final rule — Airworthiness structure. dures; Miscellaneous Amendments [Docket Directives; Dassault Model Mystere-Falcon 8226. A letter from the Program Analyst, No. 30616; Amdt. No 3276] received August 19, 900 and Falcon 900EX Airplanes [Docket No. Department of Transportation, transmitting 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the FAA-2008-0365; Directorate Identifier 2007- the Department’s final rule — Airworthiness Committee on Transportation and Infra- NM-274-AD; Amendment 39-15563; AD 2008-12- Directives; Empresa Brasileira de structure. 19] (RIN: 2120-AA64) received August 19, 2008, Aeronautica S.A. (EMBRAER) Model EMB- 8235. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 135BJ Airplanes [Docket No. FAA-2008-0194; Department of Transportation, transmitting mittee on Transportation and Infrastruc- Directorate Identifier 2007-NM-263-AD; the Department’s final rule — Establishment ture. Amendment 39-15578; AD 2008-13-15] (RIN: of Low Altitude Area Navigation Route (T- 8219. A letter from the Program Analyst, 2120-AA64) received August 19, 2008, pursuant Route); Southwest Oregon [Docket No. FAA- Department of Transportation, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on 2008-0038; Airspace Docket No. 07-ANM-16] re- the Department’s final rule — Airworthiness Transportation and Infrastructure. ceived August 19, 2008, pursuant to 5 U.S.C. 8227. A letter from the Program Analyst, Directives; Dassault Model Mystere-Falcom 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting 20-C5, 20-D5, and 20-E5 Airplanes [Docket No. tation and Infrastructure. the Department’s final rule — Airworthiness FAA-2008-0296; Directorate Identifier 2007- 8236. A letter from the Program Analyst, Directives; Bombardier Model DHC-8-400 Se- NM-307-AD; Amendment 39-15567; AD 2008-13- Department of Transportation, transmitting ries Airplanes [Docket No. FAA-2008-0360; Di- 04] (RIN: 2120-AA64) received August 19, 2008, the Department’s final rule — Establishment rectorate Identifier 2007-NM-368-AD; Amend- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Class E Airspace; Lewisburg, PA [Docket ment 39-15570; AD 2008-13-07] (RIN: 2120-AA64) mittee on Transportation and Infrastruc- No. FAA-2007-0276; Airspace Docket No. 07- received August 19, 2008, pursuant to 5 U.S.C. ture. AEA-16] received August 19, 2008, pursuant to 801(a)(1)(A); to the Committee on Transpor- 8220. A letter from the Program Analyst, 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting tation and Infrastructure. 8228. A letter from the Program Analyst, Transportation and Infrastructure. the Department’s final rule — Airworthiness Department of Transportation, transmitting 8237. A letter from the Program Analyst, Directives; Lindstrand Balloons Ltd. Models the Department’s final rule — Airworthiness Department of Transportation, transmitting 42A, 56A, 60A, 69A, 77A, 90A, 105A, 120A, 150A, Directives; Hawker Beechcraft Corporation the Department’s final rule — Establishment 180A, 210A, 240A, 260A, and 310A Balloons (Type Certificates No. 3A15, No. 3A16, No. of Class E Airspace; Lady Lake, FL [Docket [Docket No. FAA-2008-0446; Directorate Iden- A23CE, and No. A30CE previously held by No. FAA-2008-0072; Airspace Docket No. 08- tifier 2008-CE-021-AD; Amendment 39-15568; Raytheon Aircraft Company) F33 Series and ASO-03] received August 19, 2008, pursuant to AD 2008-13-05] (RIN: 2120-AA64) received Au- Models G33, V35B, A36, A36TC, B36TC, 95-B55, 5 U.S.C. 801(a)(1)(A); to the Committee on gust 19, 2008, pursuant to 5 U.S.C. D55, E55, A56TC, 58, 58P, 58TC, G58, and 77 Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Airplanes [Docket No. FAA-2007-28434; Direc- 8238. A letter from the Program Analyst, tation and Infrastructure. torate Identifier 2007-CE-053-AD; Amendment Department of Transportation, transmitting 8221. A letter from the Program Analyst, 39-15580; AD 2008-13-17] (RIN: 2120-AA64) re- the Department’s final rule — Establishment Department of Transportation, transmitting ceived August 19, 2008, pursuant to 5 U.S.C. of Class E Airspace; Cranberry Township, the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- PA. [Docket No. FAA-2007-0278; Airspace Directives; BAE Systems (Operations) Lim- tation and Infrastructure. Docket No. 07-AEA-18] received August 19, ited (Jetstream) Model 4101 Airplanes [Dock- 8229. A letter from the Program Analyst, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the et No. FAA-2008-0275; Directorate Identifier Department of Transportation, transmitting Committee on Transportation and Infra- 2007-NM-335-AD; Amendment 39-15565; AD the Department’s final rule — Airworthiness structure. 2008-13-02] (RIN: 2120-AA64) received August Directives; Dornier Model 328-100 Airplanes 8239. A letter from the Program Analyst, 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to [Docket No. FAA-2008-0297; Directorate Iden- Department of Transportation, transmitting the Committee on Transportation and Infra- tifier 2007-NM-330-AD; Amendment 39-15586; the Department’s final rule — Modification structure. AD 2008-13-23] (RIN: 2120-AA64) received Au- of Class D Airspace; Brunswick, ME [Docket 8222. A letter from the Program Analyst, gust 19, 2008, pursuant to 5 U.S.C. No. FAA-2008-0203; Airspace Docket No. 08- Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- ANE-99] received August 19, 2008, pursuant to the Department’s final rule — Airworthiness tation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on Directives; Boeing Model 747-400, 747-400D, 8230. A letter from the Program Analyst, Transportation and Infrastructure. and 747-400F Series Airplanes [Docket No. Department of Transportation, transmitting 8240. A letter from the Program Analyst, FAA-2008-0273; Directorate Identifier 2007- the Department’s final rule — Airworthiness Department of Transportation, transmitting NM-369-AD; Amendment 39-15566; AD 2008-13- Directives; Bombardier Model DHC-8-400 Se- the Department’s final rule — Establishment 03] (RIN: 2120-AA64) received August 19, 2008, ries Airplanes [Docket No. FAA-2008-0178; Di- of Class E Airspace; Marienville, PA. [Dock- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rectorate Identifier 2007-NM-366-AD; Amend- et No. FAA-2007-0162; Airspace Docket No. 07- mittee on Transportation and Infrastruc- ment 39-15571; AD 2008-13-08] (RIN: 2120-AA64) AEA-13] received August 19, 2008, pursuant to ture. received August 19, 2008, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on 8223. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. Department of Transportation, transmitting tation and Infrastructure. 8241. A letter from the Program Analyst, the Department’s final rule — Airworthiness 8231. A letter from the Program Analyst, Department of Transportation, transmitting Directives; Dassault Model Falcon 7X Air- Department of Transportation, transmitting the Department’s final rule — Establishment planes [Docket No. FAA-2008-0641; Direc- the Department’s final rule — Airworthiness of Class E Airspace; Sunbury, PA [Docket torate Identifier 2008-NM-105-AD; Amend- Directives; Boeing Model 767-200, -300, and No. FAA-2008-0162; Airspace Docket No. 08- ment 39-15573; AD 2008-13-10] (RIN: 2120-AA64) -400ER Series Airplanes [Docket No. FAA- AEA-15] received August 19, 2008, pursuant to received August 19, 2008, pursuant to 5 U.S.C. 2008-0012; Directorate Identifier 2007-NM-204- 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- AD; Amendment 39-15584; AD 2008-13-21] (RIN: Transportation and Infrastructure. tation and Infrastructure. 2120-AA64) received August 19, 2008, pursuant 8242. A letter from the Program Analyst, 8224. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting Department of Transportation, transmitting Transportation and Infrastructure. the Department’s final rule — Establishment

VerDate Aug 31 2005 04:20 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\L10SE7.000 H10SEPT1 jbell on PROD1PC69 with HOUSE H8018 CONGRESSIONAL RECORD — HOUSE September 10, 2008 of Class E Airspace; Susquehanna, PA [Dock- the Department’s final rule — Change in Ex- H.R. 6858. A bill to amend title 5, United et No. FAA-2008-0161; Airspace Docket No. 08- tinguishing Agent Container Requirements States Code, to make amendments to certain AEA-14] received August 19, 2008, pursuant to [Docket No.: FAA-2007-26969; Amendment provisions of title 5, United States Code, en- 5 U.S.C. 801(a)(1)(A); to the Committee on Nos. 121-331 and 135-109] (RIN: 2120-AI99) re- acted by the Congressional Review Act; to Transportation and Infrastructure. ceived August 19, 2008, pursuant to 5 U.S.C. the Committee on the Judiciary, and in addi- 8243. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- tion to the Committee on Rules, for a period Department of Transportation, transmitting tation and Infrastructure. to be subsequently determined by the Speak- the Department’s final rule — Amendment of 8253. A letter from the Program Analyst, er, in each case for consideration of such pro- Class E Airspace; Danville, KY [Docket No. Department of Transportation, transmitting visions as fall within the jurisdiction of the FAA-2007-0246; Airspace Docket No. 07-ASO- the Department’s final rule — Standard In- committee concerned. 26] received August 19, 2008, pursuant to 5 strument Procedures, and Takeoff Mini- By Mr. BISHOP of Georgia (for himself, U.S.C. 801(a)(1)(A); to the Committee on mums and Obstacle Departure Procedures; Mr. WESTMORELAND, Mr. JOHNSON of Transportation and Infrastructure. Miscellaneous Amendments [Docket No. Georgia, Mr. DEAL of Georgia, Mr. 8244. A letter from the Attorney Advisor 30617; Amdt. No. 3277] received August 19, LEWIS of Georgia, Mr. BROUN of Geor- Regulations and Administrative Law United 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the gia, Mr. SCOTT of Georgia, Mr. LIN- States Coast Guard, DHS, Department of Committee on Transportation and Infra- DER, Mr. BARROW, Mr. GINGREY, Mr. Transportation, transmitting the Depart- structure. MARSHALL, Mr. PRICE of Georgia, and 8254. A letter from the Program Analyst, ment’s final rule — Safety Zone; 70th Anni- Mr. KINGSTON): versary Celebration for the Thousand Island Department of Transportation, transmitting H.R. 6859. A bill to designate the facility of International Bridge, St. Lawrence River, the Department’s final rule — Standard In- the United States Postal Service located at Alexandria Bay, NY. [Docket No. USCG-2008- strument Approach Procedures, and Takeoff 1501 South Slappey Boulevard in Albany, 0742] (RIN: 1625-AA00) received August 29, Minimums and Obstacle Departure Proce- Georgia, as the ‘‘Dr. Walter Carl Gordon, Jr. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the dures; Miscellaneous Amendments [Docket Post Office Building’’; to the Committee on Committee on Transportation and Infra- No. 30613; Amdt. No. 3274] received August 19, Oversight and Government Reform. structure. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mrs. BLACKBURN: 8245. A letter from the Program Analyst, Committee on Transportation and Infra- H.R. 6860. A bill to exempt exploration, de- Department of Transportation, transmitting structure. velopment, and production of oil and natural 8255. A letter from the Program Analyst, the Department’s final rule — IFR Altitudes; gas under leases on Federal lands from State Department of Transportation, transmitting Miscellaneous Amendments [Docket No. environmental and pollution control laws, the Department’s final rule — Establishment 30582; Amdt. No. 471] received August 19, 2008, and for other purposes; to the Committee on of Class E Airspace; Hinton, OK [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Natural Resources, and in addition to the FAA-2008-0328; Airspace Docket No. 08-ASW- mittee on Transportation and Infrastruc- Committee on Oversight and Government 4] received August 19, 2008, pursuant to 5 ture. Reform, for a period to be subsequently de- U.S.C. 801(a)(1)(A); to the Committee on 8246. A letter from the Program Analyst, termined by the Speaker, in each case for Department of Transportation, transmitting Transportation and Infrastructure. 8256. A letter from the Program Analyst, consideration of such provisions as fall with- the Department’s final rule — Standard In- Department of Transportation, transmitting in the jurisdiction of the committee con- strument Approach Procedures, and Takeoff the Department’s final rule — Standard In- cerned. Minimums and Obstacle Departure Proce- strument Approach Procedures, and Takeoff By Mr. BRALEY of Iowa: dures; Miscellaneous Amendments [Docket Minimums and Obstacle Departure Proce- H.R. 6861. A bill to amend the Fair Labor No. 30618; Amdt. No 3278] received August 19, dures; Miscellaneous Amendments [Docket Standards Act of 1938 to increase the penalty 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the No. 30619 ; Amdt. No.3279] received August 19, for certain child labor violations; to the Committee on Transportation and Infra- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Education and Labor. structure. Committee on Transportation and Infra- By Mr. BROWN of South Carolina: 8247. A letter from the Program Analyst, structure. H.R. 6862. A bill to reauthorize the Marine Department of Transportation, transmitting Turtle Conservation Act of 2004; to the Com- the Department’s final rule — Standard In- f mittee on Natural Resources. strument Approach Procedures, and Takeoff PUBLIC BILLS AND RESOLUTIONS By Mr. HENSARLING: Minimums and Obstacle Departure Proce- H.R. 6863. A bill to prevent Government dures; Miscellaneous Amendments [Docket Under clause 2 of rule XII, public shutdowns; to the Committee on Appropria- No. 30614; Amdt. No. 3275] received August 19, bills and resolutions were introduced tions. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the and severally referred, as follows: By Mr. KING of Iowa (for himself, Mr. Committee on Transportation and Infra- By Mr. LEWIS of Georgia (for himself WALBERG, Mr. FORTENBERRY, Mr. structure. and Mr. RAMSTAD): AKIN, Ms. FOXX, Mr. GARRETT of New 8248. A letter from the Program Analyst, H.R. 6854. A bill to amend the Internal Rev- Jersey, and Mr. BACHUS): Department of Transportation, transmitting enue Code of 1986 to allow the Secretary of H.R. 6864. A bill to prohibit golden para- the Department’s final rule — Standard In- the Treasury to establish the standard mile- chute payments for former executives and di- strument Approach Procedures; Miscella- age rate for use of a passenger automobile rectors of Fannie Mae and Freddie Mac; to neous Amendments [Docket No. 30592; Amdt. for purposes of the charitable contributions the Committee on Financial Services. No. 3255] received August 19, 2008, pursuant deduction and to exclude charitable mileage By Mr. KIRK: to 5 U.S.C. 801(a)(1)(A); to the Committee on reimbursements from gross income; to the H.R. 6865. A bill to award a congressional Transportation and Infrastructure. Committee on Ways and Means. gold medal to Joseph Barnett Kirsner, M.D., 8249. A letter from the Program Analyst, By Mr. SMITH of Texas (for himself, Ph.D., in recognition of his many out- Department of Transportation, transmitting Mr. CONYERS, Mr. BERMAN, and Mr. standing contributions to the Nation; to the the Department’s final rule — Standard In- COBLE): Committee on Financial Services. strument Approach Procedures; Miscella- H.R. 6855. A bill to extend the authority for By Mr. KUHL of New York: neous Amendments [Docket No. 30581; Amdt. the United States Supreme Court Police to H.R. 6866. A bill to direct the Secretary of No. 3246] received August 19, 2008, pursuant protect court officials off the Supreme Court the Interior to conduct a special resource to 5 U.S.C. 801(a)(1)(A); to the Committee on grounds, and for other purposes; to the Com- study to evaluate the significance of the Transportation and Infrastructure. mittee on the Judiciary. Newtown Battlefield located in Chemung 8250. A letter from the Program Analyst, By Mr. YARMUTH (for himself and Mr. County, New York, and the suitability and Department of Transportation, transmitting LAHOOD): feasibility of its inclusion in the National the Department’s final rule — Standard In- H.R. 6856. A bill to amend the Elementary Parks System, and for other purposes; to the strument Approach Procedures; Miscella- and Secondary Education Act of 1965 and the Committee on Natural Resources. neous Amendments [Docket No. 30584; Amdt. Workforce Investment Act of 1998 to award By Mr. MCDERMOTT (for himself and No. 3248] received August 19, 2008, pursuant grants to prepare individuals for the 21st Mr. RANGEL): to 5 U.S.C. 801(a)(1)(A); to the Committee on century workplace and to increase America’s H.R. 6867. A bill to provide for additional Transportation and Infrastructure. global competitiveness, and for other pur- emergency unemployment compensation; to 8251. A letter from the Program Analyst, poses; to the Committee on Education and the Committee on Ways and Means. Department of Transportation, transmitting Labor. By Mr. ROSKAM: the Department’s final rule — Damage Toler- By Mr. CANNON: H.R. 6868. A bill to provide for the develop- ance Data for Repairs and Alterations [Dock- H.R. 6857. A bill to amend section 203(a) of ment of advanced and alternative energy and et No. FAA-2005-21693; Amendment Nos. 26-1, the Clean Air Act to permit the conversion increased domestic energy production to 121-337, 129-44] (RIN: 2120-AI32) received Au- of a motor vehicle for the use of natural gas achieve American energy independence in 15 gust 19, 2008, pursuant to 5 U.S.C. fuel, and for other purposes; to the Com- years; to the Committee on Energy and Com- 801(a)(1)(A); to the Committee on Transpor- mittee on Energy and Commerce. merce, and in addition to the Committees on tation and Infrastructure. By Mr. CANNON (for himself, Mr. Science and Technology, Natural Resources, 8252. A letter from the Program Analyst, SMITH of Texas, Mr. CONYERS, and and Ways and Means, for a period to be sub- Department of Transportation, transmitting Ms. LINDA T. SA´ NCHEZ of California): sequently determined by the Speaker, in

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each case for consideration of such provi- H.R. 3689: Mr. FRANK of Massachusetts, Mr. H.R. 6581: Mr. ROSS and Ms. CORRINE sions as fall within the jurisdiction of the CAPUANO, Mr. ALTMIRE, and Ms. SHEA-POR- BROWN of Florida. committee concerned. TER. H.R. 6591: Mr. SALAZAR, Mrs. MUSGRAVE, By Ms. CORRINE BROWN of Florida H.R. 3737: Mr. REYES. Mr. TANCREDO, and Mr. LAMBORN. (for herself and Mr. BRADY of Penn- H.R. 3749: Mr. BLUMENAUER. H.R. 6598: Mr. RANGEL, Mr. ISRAEL, Mr. sylvania): H.R. 3820: Mr. JONES of North Carolina. JOHNSON of Georgia, Ms. MCCOLLUM of Min- H. Res. 1423. A resolution congratulating H.R. 3865: Ms. DELAURO. nesota, Mr. SHERMAN, Mr. WU, Ms. MOORE of Master Wan Ko Yee, a permanent resident of H.R. 3929: Ms. BERKLEY, Mr. HOLT, Mrs. Wisconsin, Mr. RUPPERSBERGER, Mr. LIPIN- the United States, on the publication of his BIGGERT, and Mr. PLATTS. SKI, Mr. LEWIS of Georgia, Mr. MOORE of Kan- teachings and accomplishments in the book H.R. 4052: Mr. MCINTYRE. sas, Mr. GERLACH, Mr. BISHOP of New York, titled, ‘‘H.H. Dorje Chang Buddha III: A H.R. 4102: Ms. LEE. Ms. HIRONO, and Mr. RYAN of Ohio. Treasury of True Buddha-Dharma‘‘; to the H.R. 4105: Mr. CHILDERS and Mr. RUSH. H.R. 6611; Mr. MAHONEY of Florida. Committee on Foreign Affairs. H.R. 4107: Mr. SHAYS. H.R. 6613; Mr. PAYNE. By Mr. ELLISON (for himself and Ms. H.R. 4296: Mr. MILLER of North Carolina. H.R. 6617: Mr. Fortun˜ o, Mr. SIRES, Ms. LEE, JACKSON-LEE of Texas): H.R. 4464: Mr. GARY G. MILLER of Cali- Mr. FRANK of Massachusetts, Mr. FILNER, H. Res. 1424. A resolution supporting hu- fornia. and Mr. BACA. manitarian assistance, the protection of ci- H.R. 4544: Ms. WATSON, Ms. KAPTUR, Mr. H.R. 6625: Ms. SOLIS, Mr. LEVIN, Ms. WOOL- vilians, and accountability for abuses in So- HIGGINS, Mrs. TAUSCHER, Mr. CUMMINGS, Mr. SEY, Mr. LARSON of Connecticut, Ms. BEAN, malia, and urging concrete progress in line COSTELLO, Mr. CARSON, Mr. COHEN, Mr. Mrs. LOWEY, Mr. MARSHALL, Mr. WALZ of with the Transitional Federal Charter of So- CRENSHAW, Mr. DOGGETT, Ms. LINDA T. Minnesota, Mr. PASTOR, Mr. AL GREEN of malia toward the establishment of a viable SA´ NCHEZ of California, Mr. STARK, Mr. KEL- Texas, Mr. SMITH of Washington, Ms. government of national unity; to the Com- LER, Mr. ELLISON, Mr. MORAN of Kansas, Mr. SCHAKOWSKY, Mr. JOHNSON of Georgia, Mr. mittee on Foreign Affairs. SIRES, Mr. OLVER, Mr. BUTTERFIELD, Mr. WAXMAN, Mr. BLUMENAUER, Mr. DOGGETT, SESSIONS, Mr. BRALEY of Iowa, Mr. MCNULTY, Mr. ELLISON, and Mr. YARMUTH. f Mr. HODES, Mr. COURTNEY, Mr. GEORGE MIL- H.R. 6636: Ms. WOOLSEY. MEMORIALS LER of California, Ms. HOOLEY, Mr. CLEAVER, H.R. 6662: Mr. HINCHEY, Ms. WOOLSEY, Mr. Mr. MEEK of Florida, Mr. SALAZAR, Mr. BISHOP of New York, and Mr. MCDERMOTT. Under clause 3 of rule XII, WOLF, Mr. MAHONEY of Florida, Mr. H.R. 6680: Mr. RANGEL and Mr. FRANK of 366. The SPEAKER presented a memorial RUPPERSBERGER, Mr. WILSON of South Caro- Massachusetts. of the 29th Legislature of Guam, relative to lina, Mr. RYAN of Wisconsin, Mr. WAMP, Mr. H.R. 6686: Mr. MCGOVERN and Mrs. LOWEY. support for Resolution 172 I Mina’Bente CALVERT, Mr. PATRICK MURPHY of Pennsyl- H.R. 6691: Mr. PUTNAM, Mrs. MUSGRAVE, Nuebi Na Liheslaturan Guahan for the Agent vania, Ms. TSONGAS, Mrs. BACHMANN, Mr. Mr. TANCREDO, Mr. PLATTS, Mr. MILLER of Orange Equity Act; to the Committee on KLINE of Minnesota, Mr. ROTHMAN, Mr. FER- Florida, Mr. BISHOP of Utah, Mr. LEWIS of Veterans’ Affairs. GUSON, Mr. HELLER, and Mr. NUNES. California, Mr. BOOZMAN, Mrs. MILLER of H.R. 5180: Mr. GRAVES. Michigan, Ms. GINNY BROWN-WAITE of Flor- f H.R. 5268: Ms. HARMAN. ida, Mr. SIMPSON, Ms. FOXX, Mr. WELDON of H.R. 5626: Mr. BLUMENAUER. Florida, and Mr. FEENEY. ADDITIONAL SPONSORS H.R. 5673: Mr. ALEXANDER. H.R. 6696: Mr. BARTON of Texas, Mr. SUL- Under clause 7 of rule XII, sponsors H.R. 5686: Mr. HARE. LIVAN, Mrs. SCHMIDT, Mrs. CUBIN, Mr. GOODE, were added to public bills and resolu- H.R. 5714: Mrs. LOWEY, Mr. BARRETT of Mrs. MYRICK, Mr. SHADEGG, Mr. CANTOR, Mr. tions as follows: South Carolina, Mrs. MILLER of Michigan, PENCE, Mr. KLINE of Minnesota, Mr. Mr. SPRATT, Mr. MAHONEY of Florida, Mr. WALBERG, Mr. LUCAS, Mr. DOOLITTLE, Mr. H.R. 82: Mrs. BACHMANN. BROWN of South Carolina, Mr. PLATTS, Mr. CHABOT, Ms. FALLIN, Mr. LAMBORN, Mr. H.R. 211: Mr. BILBRAY. LARSEN of Washington, Mr. BOUCHER, Mr. WELDON of Florida, Mr. GINGREY, Mr. H.R. 219: Mr. ROSKAM and Mr. TERRY. PAYNE, Mr. MANZULLO, Mr. WU, Mr. ENGEL, BONNER, Mr. PRICE of Georgia, Mr. BROWN of H.R. 471: Mr. SCALISE. Mr. STUPAK, and Mr. RUPPERSBERGER. South Carolina, Mrs. MUSGRAVE, Mr. BRADY H.R. 503: Mr. DENT. H.R. 5793: Mr. MACK, Mr. LAMBORN, Mr. of Texas, Mr. NEUGEBAUER, Mr. MARCHANT, H.R. 697: Mr. MARCHANT. CULBERSON, Mr. BOUSTANY, and Mr. WITTMAN Mr. MCHENRY, Mrs. BACHMANN, and Mr. H.R. 715: Mr. MCGOVERN, Mr. FARR, and Mr. of Virginia. SCALISE. MICHAUD. H.R. 5854: Mr. MCGOVERN, Mr. KLEIN of H.R. 6709: Mr. JEFFERSON, Mr. PETRI, Mr. H.R. 946: Mr. ALLEN and Mr. HARE. FLORIDA, Mr. MICHAUD, Mr. YOUNG of Flor- HARE, and Mr. MITCHELL. H.R. 992: Mr. MCGOVERN. ida, and Mr. FILNER. H.R. 6747: Mr. POE. H.R. 1014: Mr. UPTON. H.R. 5905: Mr. CULBERSON. H.R. 6783: Mr. WELDON of Florida. HILDERS H.R. 1524: Mr. C . H.R. 5950: Ms. ROS-LEHTINEN. H.R. 6788: Mr. WITTMAN of Virginia and Mr. H.R. 1576: Mr. ROTHMAN. H.R. 5951: Mr. LIPINSKI. BROWN of South Carolina. H.R. 1621: Mr. KIND. H.R. 6020: Mr. BACA. H.R. 6798: Mr. MCINTYRE. H.R. 1820: Mr. NADLER, Mr. SCOTT of Vir- H.R. 6029: Ms. LEE. H.R. 6817: Mr. KAGEN and Mrs. BOYDA of ginia, Mr. LANGEVIN, Mr. ALLEN, Ms. H.R. 6045: Ms. HIRONO and Mr. MEEKS of Kansas. DELAURO, Mr. GRIJALVA, Mr. INSLEE, Ms. New York. H.R. 6846: Mr. DAVIS of Illinois and Mrs. CASTOR, Mr. DEFAZIO, Mr. WALZ of Min- H.R. 6066: Mr. ACKERMAN, Mrs. MALONEY of MCCARTHY of New York. nesota, and Mr. SMITH of Washington. New York, and Mr. GRIJALVA. H.J. Res. 12: Mr. KUHL of New York. H.R. 1843: Mr. SAXTON. H.R. 6072: Mr. LANGEVIN. H.J. Res. 36: Ms. JACKSON-LEE of Texas and H.R. 2015: Ms. SPEIER. H.R. 6126: Mr. BERMAN and Mr. STARK. Mr. CLEAVER. H.R. 2020: Mr. FEENEY, Mr. DENT, and Mr. H.R. 6139: Mr. HELLER. H. Con. Res. 22: Mr. KUCINICH. ALTMIRE. H.R. 6151: Ms. MCCOLLUM of Minnesota, and H. Con. Res. 40: Mr. BARTLETT of Maryland H.R. 2032: Mr. ALTMIRE. Mr. LIPINSKI. and Mr. TERRY. H.R. 2066: Ms. DELAURO. H.R. 6172: Mr. BERRY and Mr. DEFAZIO. H. Con. Res. 81: Mr. CUMMINGS and Mrs. H.R. 2116: Mr. MORAN of Kansas. H.R. 6259: Mr. NADLER. EMERSON. H.R. 2232: Mr. INSLEE. H.R. 6287: Mr. MAHONEY of Florida. H. Con. Res. 341: Mr. HASTINGS of Wash- H.R. 2266: Mr. WALZ of Minnesota. H.R. 6288: Mr. FEENEY. ington, Mr. PERLMUTTER, Mr. PASCRELL, and H.R. 2279: Mr. HOEKSTRA and Mr. GOODE. H.R. 6368: Mr. FEENEY. Mr. COURTNEY. H.R. 2668: Mr. MCINTYRE. H.R. 6373: Mr. LATTA. H. Con. Res. 378: Mrs. DRAKE, Mr. BROWN of H.R. 2842: Mr. MILLER of North Carolina. H.R. 6375: Ms. WOOLSEY. South Carolina, Ms. ROS-LEHTINEN, Mr. H.R. 2864: Mr. SHAYS. H.R. 6379: Mr. ROHRABACHER. BOUSTANY, Mr. WHITFIELD of Kentucky, Mrs. H.R. 2993: Ms. KAPTUR. H.R. 6407: Ms. WOOLSEY. CAPPS, Mr. RUPPERSBERGER, Mr. ISSA, Ms. H.R. 3041: Mr. MOORE of Kansas. H.R. 6444: Ms. MCCOLLUM of Minnesota. FALLIN, Mr. GRIJALVA, Mr. SHIMKUS, Mrs. H.R. 3232: Mr. LAMBORN, Ms. MATSUI, Mr. H.R. 6453: Mrs. CUBIN. SCHMIDT, Mr. SHADEGG, Mr. CANTOR, Mr. LAMPSON, Ms. HERSETH SANDLIN, and Ms. H.R. 6462: Mr. POE. PENCE, Mr. LUCAS, Mr. DOOLITTLE, Mrs. ESHOO. H.R. 6491: Mr. KLINE of Minnesota. MUSGRAVE, Mr. SULLIVAN, Mr. GOODE, Mr. H.R. 3257: Mr. BLUMENAUER. H.R. 6520: Ms. BORDALLO and Mr. ISRAEL. MARCHANT, Mr. WELDON of Florida, Mr. H.R. 3319: Mr. MCGOVERN and Ms. EDDIE H.R. 6559: Mr. LIPINSKI. GINGREY, Mr. BONNER, Mr. BRADY of Texas, BERNICE JOHNSON of Texas. H.R. 6562: Mr. FRANK of Massachusetts, Mr. Mrs. BACHMANN, Mr. BARTON of Texas, Mr. H.R. 3326: Ms. DELAURO, Ms. CASTOR, Mr. ORTIZ, and Mr. ROGERS of Alabama. NEUGEBAUER, Mr. RADANOVICH, and Mr. WAL- KLEIN of Florida, and Mr. DEFAZIO. H.R. 6566: Ms. GINNY BROWN-WAITE of Flor- DEN of Oregon. H.R. 3334: Mr. TIM MURPHY of Pennsyl- ida and Mr. LEWIS of California. H. Con. Res. 405: Mrs. EMERSON and Mr. vania, Ms. WOOLSEY, and Mr. MCINTYRE. H.R. 6567: Mr. BISHOP of Utah. ABERCROMBIE. H.R. 3544: Mrs. EMERSON. H.R. 6568: Mr. PRICE of North Carolina. H. Con. Res. 409: Mr. MCCOTTER. H.R. 3622: Mr. BARRETT of South Carolina. H.R. 6577: Mr. TIBERI. H. Res. 598: Mr. MCINTYRE.

VerDate Aug 31 2005 04:20 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\L10SE7.100 H10SEPT1 jbell on PROD1PC69 with HOUSE H8020 CONGRESSIONAL RECORD — HOUSE September 10, 2008 H. Res. 757: Mr. HOLT. H. Res. 1364: Mr. ABERCROMBIE, Mr. limited tax benefits, or limited tariff H. Res. 1064: Mr. PAYNE, Mr. CARSON, Mr. BOUSTANY, Mrs. BOYDA of Kansas, Mr. ROG- benefits were submitted as follows: DENT, and Mr. GERLACH. ERS of Kentucky, Mr. BRADY of Pennsyl- H. Res. 1200: Mr. CONAWAY, Mr. BISHOP of vania, Mr. TURNER, Mr. CONAWAY, Mr. COO- The amendment to be offered by Rep- New York, Mr. LYNCH, Mr. BERRY, and Ms. PER, Mr. GINGREY, Mr. KLINE of Minnesota, resentative JEFF FLAKE or a designee to H.R. GINNY BROWN-WAITE of Florida. Mr. LEWIS of Kentucky, Mr. BISHOP of Geor- 3667 the Missisquoi and Trout Rivers Wild gia, Mr. SAXTON, and Mr. LATHAM. H. Res. 1217: Mr. GRIJALVA, Mr. KENNEDY, and Scenic River Study Act of 2008, does not and Mr. MCDERMOTT. H. Res. 1377: Mr. HONDA and Mr. GILCHREST. contain any congressional earmarks, limited H. Res. 1232: Mr. MCHUGH. H. Res. 1397: Mr. MICHAUD and Mr. HOLDEN. IRES tax benefits, or limited tariff benefits as de- H. Res. 1272: Mr. SMITH of New Jersey, Mrs. H. Res. 1401: Mr. S . H. Res. 1414: Ms. EDDIE BERNICE JOHNSON of CUBIN, Ms. BORDALLO, and Ms. KAPTUR. fined in clause 9(d), 9(e), or 9(f) of rule XXI. Texas, Mrs. MCCARTHY of New York, and Mr. H. Res. 1303: Mrs. MUSGRAVE. MORAN of Virginia. H. Res. 1310: Mr. TOWNS. f H. Res. 1416: Ms. EDDIE BERNICE JOHNSON of H. Res. 1333: Ms. CLARKE, Mr. CARNAHAN, Texas, Mrs. CUBIN, Mr. BROWN of South Caro- Mr. CLAY, Mrs. NAPOLITANO, Mr. SHULER, Mr. lina, Mr. BRADY of Texas, and Mr. ALEX- DELETIONS OF SPONSORS FROM TANNER, Mr. BOYD of Florida, Mr. WALZ of ANDER. Minnesota, Ms. SCHWARTZ, Mr. LEWIS of PUBLIC BILLS AND RESOLUTIONS Georgia, Mr. MICHAUD, Mr. MITCHELL, Mr. f Under clause 7 of rule XII, sponsors CHILDERS, Mr. BOSWELL, Mr. POMEROY, Mr. CONGRESSIONAL EARMARKS, LIM- HOLDEN, Mr. BARROW, Mr. SHIMKUS, Mr. ITED TAX BENEFITS, OR LIM- were deleted from public bills and reso- EMANUEL, Mr. STUPAK, Mr. WEXLER, Mrs. ITED TARIFF BENEFITS lutions as follows: MCCARTHY of New York, Ms. BORDALLO, Mr. FILNER, Ms. TSONGAS, Mr. BERMAN, and Ms. Under clause 9 of rule XXI, lists or H.R. 5977: Mr. HUNTER. VELA´ ZQUEZ. statements on congressional earmarks,

VerDate Aug 31 2005 04:20 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.033 H10SEPT1 jbell on PROD1PC69 with HOUSE 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 10, 2008 No. 143 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, The ACTING PRESIDENT pro tem- called to order by the Honorable BEN- PRESIDENT PRO TEMPORE, pore. The Senator from Nebraska is JAMIN L. CARDIN, a Senator from the Washington, DC, September 10, 2008. recognized. To the Senate: State of Maryland. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby f PRAYER appoint the Honorable BENJAMIN L. CARDIN, The PRESIDING OFFICER. Today’s a Senator from the State of Maryland, to WELCOMING THE GUEST prayer will be offered by Rev. Cath- perform the duties of the Chair. CHAPLAIN erine Quinn, St. John’s Church, Wash- ROBERT C. BYRD, ington, DC. President pro tempore. Mr. HAGEL. Mr. President, I thank The guest Chaplain offered the fol- Mr. CARDIN thereupon assumed the the distinguished majority leader and lowing prayer: chair as Acting President pro tempore. minority leader for allowing me to wel- Let us pray. f come and congratulate our guest chap- Almighty God, we give You thanks RECOGNITION OF THE MAJORITY lain today, Rev. Cathy Quinn, who has for these, Your servants, gathered to LEADER been noted as the senior assistant rec- do Your work in the governing of this tor at St. John’s Episcopal Church here country that You have so blessed. Help The ACTING PRESIDENT pro tem- in Washington, DC. That church, as my them to recognize Your abundance. pore. The majority leader is recog- colleagues know, is also referred to oc- Help them to honor their responsi- nized. casionally as the Church of the Presi- bility. May they be humble as well as f dents. wise, civil as well as courageous, pa- SCHEDULE Reverend Quinn plays an integral tient as well as strong. Make us each mindful of our relation Mr. REID. Mr. President, following role in leading the congregation in to all creation, the fullness of which leader remarks, there will be a period their faith and spiritual growth. She is only You, dear Lord, can survey. On of morning business for up to 1 hour, not new to Capitol Hill, having served this 10th day of September, as we recall with Senators permitted to speak for as a legislative assistant for former the calm before the storm of Sep- up to 10 minutes each, with the major- New York Congressman Amo Hough- ity controlling the first 30 minutes and tember 11, 2001, strengthen us to sum- ton. Her experiences while at Yale Di- the Republicans controlling the next 30 mon the best in ourselves. May we deal vinity School ranged from working at minutes. Following morning business, gently and honestly with one another, hospitals ministering to patients in the the Senate will resume consideration live in recognition that our spirits are pediatric intensive care units and the of S. 3001, the Defense authorization interconnected, and in all things em- oncology ward to assisting with the bill. Children’s Mission at St. Paul and St. body Your love. Last night, the Senate reached an Amen. James Episcopal Church. Her many ac- agreement to consider several amend- complishments have prepared her well f ments to the bill, including amend- for a life of ministry. Along with her PLEDGE OF ALLEGIANCE ments by Senators LEAHY, VITTER, growing number of ministerial duties ELSON YL The Honorable BENJAMIN L. CARDIN N of Florida, and K . Those at St. John’s, Reverend Quinn also led the Pledge of Allegiance, as follows: amendments will be debated this morn- manages to balance the needs of her ing, and we will work with the two I pledge allegiance to the Flag of the family—her husband Peter, who is in United States of America, and to the Repub- managers of the bill and with my coun- the Chamber today, and her two daugh- lic for which it stands, one nation under God, terpart, Senator MCCONNELL, to find ters, Nora and Molly. Her level of com- indivisible, with liberty and justice for all. out when those votes should take mitment to both aspects of her life is a f place. We are hopeful we can continue model for many to follow. working on this most important legis- APPOINTMENT OF ACTING lation today and complete the legisla- I wish to thank Reverend Quinn for PRESIDENT PRO TEMPORE tion this week. It would be really good her contributions to her community The PRESIDING OFFICER. The if we could do that. and for her service to the members of clerk will please read a communication Mr. President, if the distinguished St. John’s Church. to the Senate from the President pro Republican leader wouldn’t mind, I So I wish to acknowledge her good tempore (Mr. BYRD). wish to yield a couple of minutes to the work and her spiritual guidance. I am The legislative clerk read the fol- Senator from Nebraska, and then Sen- particularly pleased because I have a lowing letter: ator MCCONNELL would have the floor. parochial interest. As I said, not only

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

S8221

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VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.000 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8222 CONGRESSIONAL RECORD — SENATE September 10, 2008 does my family belong to that church, their designees, with the majority con- Income equality in our country con- but my wife Lilibet serves on the ves- trolling the first half of the time and tinues to grow. Middle-class families try there. So not only am I always the Republicans the final half. continue to work hard for paychecks tuned in, but I pay particular attention The assistant majority leader is rec- that can’t keep up with the cost of liv- in this case. ognized. ing. Yet compensation for senior execu- Again, we are very proud of her and f tives has risen dramatically over the last 8 years. the work she does, the work of St. FANNIE MAE AND FREDDIE MAC John’s, and all who are associated with My colleague, Senator JIM WEBB, not that church and that ministry. Mr. DURBIN. Mr. President, Sun- that long ago, in response to the State Mr. President, I yield the floor. day’s announcement by Treasury Sec- of the Union Address, noted that in the retary Paulson that the Treasury De- 1960s the CEOs of major corporations f partment and the Federal Housing Fi- made 20 times more than the average RECOGNITION OF THE MINORITY nance Authority would be placing worker. Today, they make 400 times LEADER Fannie Mae and Freddie Mac into con- more than the average worker. That servatorship should be recognized for means that literally each day a CEO The ACTING PRESIDENT pro tem- what it is: This is a landmark interven- works, he makes more than the aver- pore. The Republican leader is recog- tion by the Federal Government into age American worker makes in a year. nized. our private markets, the housing mar- How can we be asked to enshrine this f kets. We are literally nationalizing inequity with taxpayers’ dollars? We half of the American housing market. DEFENSE AUTHORIZATION are being asked to reward incom- The Bush economic policies and the ir- petence and to lavish millions of dol- Mr. MCCONNELL. Mr. President, we rational exuberance of the mortgage lars on the CEOs of Fannie Mae and have a limited number of workdays be- banking industry have driven us into Freddie Mac who have failed in their tween now and November, so we will this box canyon. The U.S. economy is assignment. A worker who doesn’t do obviously have to focus our priorities hurting, with dramatic job losses, his job will be given a pink slip, but a starting with the Defense authoriza- home values reeling, and middle-in- failed CEO of Fannie Mae or Freddie tion bill which the distinguished ma- come families struggling to pay for the Mac is given a multimillion-dollar jority leader was just discussing, which basic necessities. windfall. is now before us. Among other things, While it may have been necessary I understand that both of these indi- the bill authorizes a much deserved pay and may have been the best of many viduals were brought on the job to try raise for America’s military men and bad options, this certainly raises sig- to save failing agencies, but it is also women. Of course, an authorization bill nificant long-term questions about how true that in the case of the head of only gets us halfway there. In order for we organize and regulate mortgage fi- Fannie Mae, Daniel Mudd, he was paid this military pay raise to reach the nancing in this country. This move $11.6 million as an income last year as families it is intended for, the Senate may stop the rot for now, but real re- Fannie Mae was headed into the tank. will need to pass an appropriations bill form must follow. Mr. Syron, Richard Syron, who headed as well. So my suggestion is that we With this administration’s days num- up Freddie Mac, was paid $18.3 million begin processing amendments to the bered and only a few months left, it last year and given stock options. It Defense bill today, as the majority will be up to the next President and turns out those stock options have be- leader has indicated, starting with the the next Congress to face these issues come almost worthless. The fact is first four amendments which will be honestly and quickly. that they are still being rewarded—un- voted on later today. We weren’t, un- For my part, I intend to make the less we do something—with farewell fortunately, able to vote on any case in the coming months that there gifts and golden parachutes as they amendments yesterday. As everyone is a sensible role for Government to leave. knows, the Defense bill is typically a play in the regulation of markets, re- When Mr. Mudd took over Fannie heavily amended bill. It usually takes 2 gardless of what some may argue to Mae some 4 years ago, the shares were or 3 weeks to complete, but it is my the contrary. Letting our private sec- trading at $70. On Friday, the day the hope we can make some good forward tor markets run amok can lead to ex- news of the possible takeover started progress today. Kentucky is home to cessive booms and bailouts, as last to leak out, Fannie Mae shares were two major military installations and weekend’s actions evidence. trading at $7. On Monday, the shares There are two things that merit im- more than 357,000 veterans. They, and closed at 73 cents. mediate attention. I have written to the rest of America’s veterans, deserve Freddie Mac had its own accounting the Secretary of the Treasury, Henry our full attention. problems when Mr. Syron took over in Paulson, Federal Housing Finance Au- We have time but not a lot of time. December of 2003. The company was thority Director Lockhart, and the in- Tomorrow, we will be taking some forced to admit it had inflated its earn- coming CEOs of Fannie Mae and time out to remember the 9/11 attacks. ings by nearly $5 billion. Like Mr. Freddie Mac asking two things: First, Friday, we have an all-day energy sum- Mudd, Syron—who had served as a it is unconscionable to reward the out- mit. So let’s use our time wisely. If we chief executive at other companies be- going CEOs of these companies with do, it is my hope we can work together fore—had been brought on pledging to golden parachutes that will literally and, with cooperation, finish this bill, fix the company and get it back on cost the taxpayers millions of dollars— at least early next week. track. Freddie’s shares, which traded some estimate $24 million—in farewell for about $55 when Mr. Syron took over Mr. President, I yield the floor. gifts; second, that we focus on restruc- in 2003, dropped to about $5 last Friday f turing the mortgages owned or serviced and then to 88 cents on Monday. RESERVATION OF LEADER TIME by Fannie Mae and Freddie Mac. Our You don’t have to be a subscriber to goal needs to be structuring mortgages the Wall Street Journal to realize The ACTING PRESIDENT pro tem- so troubled homeowners can keep up these two men failed in their assign- pore. Under the previous order, leader- with their house payments and not lose ments. Given 3 or 4 years to right the ship time is reserved. their homes. ship and steady the course, they failed. f According to analysts cited in news Yet, in their failure and departure, coverage, the two ousted CEOs of they are asking for a rich reward—lit- MORNING BUSINESS Fannie Mae and Freddie Mac may be erally millions of dollars to be paid by The ACTING PRESIDENT pro tem- entitled to over $24 million as a fare- the taxpayers. That, to me, is indefen- pore. Under the previous order, there well gift from American taxpayers for sible. That is why I have joined others will now be a period for the transaction running their companies into the in Congress, including Senator OBAMA, of morning business for 1 hour, with ground. With taxpayers across America Senator REID, and Senator SCHUMER, in Senators permitted to speak for up to now facing the burden of paying up to writing to the Treasury Secretary and 10 minutes each, with the time equally $200 billion in bailout costs for these the head of the Housing Finance Au- divided between the two leaders or agencies, I find this unconscionable. thority and telling them to stop the

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Freddie Mac. this moment where we have a Tax Code These companies need to systemati- I told him I didn’t know what else he that rewards the wealthiest instead of cally restructure mortgages so we can could do. To allow these two housing helping middle-income families, a mo- prevent as many foreclosures as pos- giants to fail could literally cause re- ment where the administration rushes sible. Everyone wins if we do that. verberations across the economy, hurt- to the rescue of the big banks but for- Families get to stay in their homes, ing many innocent companies, share- gets American families who are strug- taxpayers spend less money covering holders, and workers. I thought we had gling to keep a roof over their heads, foreclosure losses, Fannie Mae and to step in. We had no choice. But it is struggling to protect the only asset Freddie Mac reduce their future expo- not enough. To ride to the rescue of they have in life against an economy sure to failed loans, and it is the right Bear Stearns, as our Government has, that is making it difficult for them to and smart thing to do. As our economy or to the rescue of Fannie Mae and survive. continues to struggle, we should take Freddie Mac, as we have, is, of course, Foreclosures continue to skyrocket. advantage of every opportunity we an effort to avert a worse disaster. But We have set a new record high in the have to step in and help. there are literally hundreds of thou- last quarter, according to the Mortgage Saving the taxpayers from over- sands of small-scale disasters taking Bankers’ own data. The Hope Now Alli- paying failed CEOs and helping fami- place every day, which still evidence a ance, which is run by bankers with the lies stay in their homes and avoid fore- serious problem in the American econ- support of this administration, is sup- closure are two such opportunities. In omy. I am speaking, of course, of fore- posed to be riding to the rescue. But this letter, I have urged the adminis- closures. Despite the passion this ad- they don’t require banks to do any- tration to seize both opportunities. ministration has for making sure cor- thing to help homeowners, but just On November 4, the American voters porations survive bad times, they don’t gives them ‘‘guidelines.’’ Let me tell will have a chance to speak to the have a similar passion for families fac- you something: Guidelines will not record of this administration, to decide ing foreclosure. save a home. Guidelines will not avoid whether we are going to make the The letter I have written to the foreclosure. Guidelines won’t keep you change in Washington that is needed to Treasury Secretary calls on him, as out of bankruptcy. That is what many steer a different course, to bring, I part of this restructuring of Fannie homeowners are facing. hope, a stronger economy. Many of us Mae and Freddie Mac, to at least con- We tried, unsuccessfully, to convince believe the strength of that economy sider a helping hand for those facing this Senate and this administration to and future of that economy is with the foreclosure. allow those homeowners facing bank- working families of this country, the When IndyMac Federal Bank was ruptcy and foreclosure to have one last middle-income families who struggle taken over by the FDIC in July, the chance in the bankruptcy court, to let every day, pay their taxes, try to keep FDIC instituted a systematic plan to the courts sit down with the bank and gasoline and groceries available, pay refinance troubled mortgages to help the family and try to find a way to for college education and health ex- those homeowners avoid foreclosure. It keep them in their home. It was re- penses, and are having a hard time get- set up strict criteria for those who jected. The ‘‘sanctity of the contract’’ ting by. There hasn’t been enough sen- would be eligible. It would not help is what we were told, we cannot violate sitivity in the actions and policies of speculators but those who had their the sanctity of the mortgage contract. this Congress or this administration homes at stake. It initiated Why, that would be unconscionable. It when it comes to these families. restructurings for all of the mortgages would shake the very foundations of The fact is we have a chance in this that qualified. However, when it comes the private sector economy in America. election to change things in Wash- to the other mortgages across America, But what happened last week? What ington, to bring some new thinking, I am afraid there is a sad story to tell, happened to the sanctity of the con- some new priorities, and some new val- where there has been a failure to refi- tract when our Government and tax- ues. Those values don’t include multi- nance, a failure to create opportunity payers rode to the rescue of Fannie million dollar golden parachutes for for people to stay in their homes. Fore- Mae and Freddie Mac? We decided failing CEOs, or putting banks as a pri- closure is a disaster for any family fac- there was a greater good. The greater ority above average working people ing it, but it is also a disaster for their good was stabilizing this economy, who have always been the strength of neighbors. The value of my home in averting a disaster if these two agen- this country. I certainly hope we have Springfield, IL, has diminished because cies failed. We said we would step in that opportunity and seize it on No- some of my neighbors have gone and do something extraordinary for the vember 4. through foreclosure. Of course, it af- good of America. Why is it we will step I yield the floor. fects the overall housing market. It af- in with billions of dollars for the good The ACTING PRESIDENT pro tem- fects whether people will buy or build of America when it comes to major pore. The Senator from Montana is rec- homes. Unless this cloud is removed banks and major financial institutions ognized. from our housing market, then one of but consider it anathema, unaccept- f the pillars of the American economy able, heretical to step in when it comes has been shaken and may crumble. to helping a family save a home? ENERGY That is why we have called on the That is the difference in the thinking Mr. TESTER. Mr. President, I rise Treasury Department and this admin- here. When it comes to the priorities of today to visit about an issue we have istration to step in as part of restruc- this administration in Washington, all been talking about for some time: turing Fannie Mae and Freddie Mac to those at the top, whether it is the energy. In fact, truth be known, we avert foreclosures. Now, the Mortgage banks or the CEOs of Fannie Mae and have been talking about energy for Bankers Association—the group that Freddie Mac, they always come out over 30 years in this country, since the brought us this subprime mortgage dis- fine. They are always going to find first energy crisis in the early 1970s. aster—has been arguing not just for themselves at the end of the day quite Over the August recess, I had the op- months, but for years, that voluntary comfortable. But when it comes to portunity to go around the State of efforts by financial institutions are helping working families—middle-in- Montana—I logged hundreds of miles enough, that these banks will come for- come families who are struggling to on my vehicle—and talk with Mon- ward and help these families. But there get by—the policies of this administra- tanans virtually from all over the is no evidence of that whatsoever; fore- tion have not been kind. State about energy and our Nation’s closures still are occurring at a record This Hope Now Alliance still won’t energy future. Every visit to the great historic rate. report to the public how many families State of Montana is another reminder

VerDate Aug 31 2005 23:35 Sep 10, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.003 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8224 CONGRESSIONAL RECORD — SENATE September 10, 2008 to me that many of the best ideas—if ings, and right now they are being used determining our energy future, that is not all of the best ideas—are found out- up. Drilling is part of the plan. We also no way to run a country. We need to side of Washington, DC. From a dairy need to invest in renewables, because address our energy problems, and we farm in western Montana that converts drilling should be a bridge. We talk need to do it together today by all of cow manure into enough electricity to about bridges, but we never talk about us giving a little bit to find common power that farm and its neighbors where that bridge is going to go. It will ground to move forward. through hydrogen fuel cells that keep go to nowhere unless we invest in re- As we move across the next 57 days the lights on in college classrooms, to newables such as solar, wind, geo- to the election, we ought to forget a generator that turns tree bark into thermal, biofuels, and cellulosic eth- about it. We ought to forget about the electricity, Montanans are finding in- anol, and it is critically important for election and do what is right for this novative ways to meet their energy our long-term energy future. So we country and develop a short-term and needs. That can not only help Mon- need to invest in those things by a long-term energy plan that addresses tana, but it can help the whole coun- myriad of ways. current demand, future demand, afford- try’s energy future. My colleague in the Senate, MAX ability, and sustainability. Thirty It is no wonder, as I traveled around BAUCUS, has a bill that will do exactly years from now, I don’t want to see a the State, as we see in Montana, gas that. That bill needs to be a part of the Senator standing up on this floor hold- prices a little under $4 a gallon, and as Energy plan to invest in solar, wind, ing this book up saying: In 2008 we had we see winter coming in and the poten- geothermal, biofuels, cellulosic eth- this same problem, and we need to deal tial of a cold winter and the potential anol—the list goes on and on—because with it today. for high heating oil and natural gas there is tremendous opportunity out We need to deal with it now in 2008, prices, that Montanans are very con- there. We need to invest in R&D in this fall. We cannot blow this one. cerned about their energy future. clean coal, battery technology, hydro- Mr. President, I yield the floor. This fall, over the next few weeks, we gen technology, high-mileage cars, hy- The ACTING PRESIDENT pro tem- have an opportunity to address this brids, and electric. We need to encour- pore. The Senator from New Hamp- country’s energy future both in the age innovation in R&D. It will happen shire. because it is happening on the ground short term and in the long term. Hope- f fully, we will address it. Hopefully, we in places such as Montana now. We can put the partisanship away. Hope- need to encourage the innovation. ORDER OF PROCEDURE fully, we will be more concerned about As this book said on all these issues, Mr. GREGG. Mr. President, I ask energy for this country’s citizenry we also need to invest in transmission. unanimous consent to speak in morn- than about who is going to win the We need to invest in the grid. If we are ing business for 15 minutes, and after I next election. going to get electricity to consumers have completed my speech, Senator Back in 1978, one of the other times in a way that makes sense, in a way CORNYN be recognized for 15 minutes. we had energy problems in this coun- that is efficient and cost-effective, we The ACTING PRESIDENT pro tem- try, Montana put out this book. It says need to invest in transmission. pore. Without objection, it is so or- 1978 on the bottom, and it is called Finally, and potentially the most im- dered. ‘‘Montana’s Energy Almanac.’’ This portant of all these points, we need to The Senator from New Hampshire is book contains information about oil eliminate the redtape. A few years ago, recognized for 15 minutes. and gas and coal. It also contains infor- we eliminated the redtape for gas and Mr. GREGG. I ask the Chair to notify mation about electricity transmission, oil companies. We need to do the same me when I have used 10 minutes. thing for renewable energy. The agen- solar power, geothermal, renewable en- f ergy, and a myriad of other issues. This cies have been understaffed and, quite FISCAL RESPONSIBILITY book could have been written in 2008. frankly, it occupies a lot of time now to get a project through. The fact is we had a format to move Mr. GREGG. Mr. President, yester- We have a Montana-Alberta tie line forth with this country’s energy future, day the CBO gave us their estimates of project to move electricity from Mon- what the deficit is going to be and and it didn’t happen. We had the abil- tana to Alberta and from Alberta back ity to develop a long-term energy plan what the deficit for next year will be, to Montana with renewable energy on and it is not good news. The deficit has for this country, and it didn’t happen— that line. It has been 3 years in 30 years ago, it didn’t happen; a genera- more than doubled. It is projected now progress. The redtape needs to be to be $407 billion. That is up from tion ago, it didn’t happen. eliminated. about $160 billion. That has all oc- We need to make it happen this fall. I will be introducing a bill to cut curred under the leadership of this It is critically important for this coun- through the redtape and encourage try. It is critically important for this these kinds of renewable energy Democratic Congress. Obviously, the Nation’s security. As we come forth projects because, for the long-term fu- administration takes significant re- with an energy plan over the next few ture of this country, it is absolutely sponsibility, but the Congress, under weeks, it will include drilling, make no what we need to do. the law, under the Constitution, con- mistake about it, and it should. Also In closing, I wish to say this: Oil is trols the purse strings, and the Con- remember this: It is not going to sig- hovering around $100 a barrel right gress has the control over the check nificantly decrease the prices at the now. It has backed off somewhat. Back writing of the Government. As a result, pump right now. That doesn’t mean it in the seventies, we saw oil peak and the first responsibility for fiscal re- is the wrong thing to do. It is the right then back off, and this book was put on straint and fiscal discipline is with the thing to do, because the truth is that if the shelf and never looked at again, Congress, and it has failed that test. we can take our reliance off of places and probably every State in the Union It is hard to imagine how the deficit such as Venezuela, Russia, and Saudi had a book such as this. could jump this much in this short pe- Arabia, that is a good thing. You also The truth is, we have an opportunity riod of time. Most people will say it is must note that, right now, we are drill- right now to address this issue from a the result of the war—or people on the ing. In fact—and I have stated this be- short-term and a long-term standpoint. other side will say that. It is not. This fore on the floor—right now, it would This issue is not going to go away. We jump in the deficit, to the extent it was be difficult to find a rig in the United have 3 percent of the reserves. We use controllable from the Federal Govern- States to punch a hole for gas or oil, 25 percent of the oil. We need to figure ment’s standpoint—in other words, it because they are already doing that. If out not only ways to maximize our own wasn’t caused by the slowdown in the you are lucky enough to find a rig, you oil capacity but also how we are going economy—was purely a function of in- would be hard pressed to find the cas- to take renewables into the future and creased spending on nondefense—not ing to put in that hole once it is other energy sources into the future so purely but was significantly increased drilled. it makes sense for this country and its by spending on nondefense activities The truth is we need to drill, and how consumers and this country’s security. and a dramatic increase in spending. much we drill will probably depend As I said earlier, with countries such The problem is that not only is this upon the availability of rigs and cas- as Venezuela, Russia, and Saudi Arabia deficit now at $400 billion and going up

VerDate Aug 31 2005 23:35 Sep 10, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.005 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8225 under this Congress, but the outyears sands—7,000 or 11,000, I have forgotten out highway spending which was sup- are even more severe that the risk for the number. Senator COBURN knows it posed to be paid for from the highway us as a nation is even more dramatic off the top of his head. But it is so fund, which the highway fund is paid from the standpoint of fiscal policy be- many you can’t even keep track of for by gas taxes. But that bill was in- cause looming over the horizon is the them. tentionally structured—intentionally problem with entitlement spending It is a true dereliction of duty by this structured—so that the spending would which will expand dramatically as the Democratic Congress the way the fiscal exceed the income. We knew one day baby boom generation retires and house of this country has been man- during the term of that bill—people where we already know there is more aged. They do debt, they do deficits, thought it would be later in the proc- than $60 trillion of unfunded liability. and they do nothing, and they deserve ess—the highway trust fund would be What has this Congress’s response a D minus when it comes to managing spent out and there would be a prob- been to this situation? It is the worst our fiscal house. lem. record in the last 20 years. One appro- It is unfortunate because all these Why do we know that? Because that priations bill—one appropriations costs which we are running up rep- bill included 6,000 earmarks totaling bill—freestanding, has been passed in resent radical increases in borrowing $24 billion which we knew were not the last 2 years, the Defense appropria- which means dramatic burdens for our going to be able to be totally paid for tions bill last year. There have been children and our grandchildren as they by gas tax revenues even if the gas tax Omnibus appropriations bills passed. have to pay these bills when they come revenues had maintained themselves. Then this year, we are going to pass, it due in the outyears instead of paying The ACTING PRESIDENT pro tem- looks like, not an Omnibus appropria- as we go, which is the appropriate way pore. The Senator has used 10 minutes. tions bill but simply a continuing reso- to proceed with spending. We are sim- Mr. GREGG. I thank the Chair. lution; a complete abdication, a com- ply borrowing from our children. What happened was that the gas tax plete abandonment of the budget proc- In fact, the pay-go rules, which were revenues have fallen because of the in- ess, of the responsibility—the first re- supposed to discipline spending, have crease in gas prices and the American sponsibility of the Congress, other than been waived, adjusted, and gamed time people’s appropriate effort to try to defending the country—of setting up a after time to the point where over $399 conserve their use of gasoline. So the fiscal process for managing the tax- billion under this Congress has been day of reckoning has come earlier, payers’ dollars has occurred under the spent or put on the books as an obliga- much earlier, than expected, but we leadership of this Democratic Congress. tion which should have all been subject knew there was going to be a day of It is truly the worst record in the last to a pay-go point of order. But those reckoning because the bill was struc- 20 years. Nothing like this has hap- pay-go points of order have been ad- tured to fail. All these 6,000 projects pened where so much that Congress is justed, waived, or gamed so they did that were put in there, $24 billion of supposed to do has not been done. No not even get raised or, if they did get spending we knew was not going to appropriations bills have been brought raised, they got run over by the major- work or be paid for under the present to the floor of the Senate, and no ap- ity in this Congress. bill. So now the suggestion is that So the rules which this Congress put propriations bills have passed the Sen- rather than pay for them in a respon- in place to try to discipline spending ate and the House. None. We are sup- sible way, we should raid the general and which we so often hear chest beat- posed to pass 12 bills. None have been fund, take that money and use it in the ing about from the other side of the passed. highway trust fund. aisle—I am for pay-go—have been evis- The debt has gone up over $1 trillion, The highway trust fund has always cerated. I call it ‘‘Swiss-cheese go.’’ It $1 trillion added to the debt in the last been a separate entity. The whole pur- has no relevance at all any longer be- 2 years. The deficit has doubled, and pose of the highway trust fund was to cause the spending around here occurs yet there has been no effort at all not fund highways and have them have in a manner which is profligate and only to do the day-to-day responsi- their own stream of revenues to fund there is no attempt to adjust spending bility of managing the Government, them and to not commingle those to reflect revenues, to attempt to bring which, after all, is the responsibility of funds with the general fund. down the deficit. In fact, the deficit is the Congress, by passing appropria- The argument has been made—and it now double. tions bills, but to address the issue of It is not good news for the American is a straw dog argument of the most the looming crisis in our entitlement taxpayer. Here we are in a situation extraordinary level—that back in 1998, accounts—no effort to address entitle- where we are facing some very serious the highway trust fund lent $8 billion ment reform or even at the margin to fiscal times, and we ought to at least to the general fund, and they are just try to control the rate of growth of en- be able to discipline our budgets in a trying to recover that now as an ac- titlement programs. Even the most more effective way. We ought to at counting event. That puts a whole new simple ideas which are reasonable and least do the business of the Congress, spin on the concept of accounting. could have been accomplished have not which is to pass appropriations bills Even the people who did Enron’s inter- been pursued, ideas such as making which are within the budget rather nal accounting would have found that wealthy people pay for some portion of than pass supplemental emergencies one a hard sell. That was a movement their Part D premium. which are outside the budget. in 1998 of nothing more than paper. Today, Warren Buffett, who qualifies This is a problem, and it is a signifi- This event is a real addition to the for a drug benefit under Medicare, does cant problem. It is brought about in Federal debt of $8 billion. This is real not have to pay for any of that or pays large part because this Congress has money; that had no real money in- only a marginal amount of that cost failed to do its job of managing the fis- volved. This has a real effect; that had compared to what he should be paying cal house or even taking up the bills no real effect involved. So that argu- as a high-income individual. That ad- which are supposed to manage the fis- ment is truly a straw dog argument put justment has been ignored. Ideas such cal house. out there to try to legitimize a raid on as that which make sense that would There is another subject I want to the general fund in order to settle up at least save us some money have not touch base on—I see the majority lead- the highway fund. even been brought forward; zero effort er is here and as a courtesy, I will pro- Now, I know I am going to lose this in the area of Medicare reform, in the ceed to those comments so I don’t take fight, and I am not trying to stop the area of Medicaid reform, and in the up too much of his time—and that is fight. I am not trying to stop the area of entitlement reform by this Con- the issue of the highway trust fund event. I haven’t suggested we need 60 gress, zero effort in the area of control- needing to be replenished to meet obli- votes to go through this. What I have ling spending. Not one program has gations which it has incurred. suggested—and I will ask unanimous been reduced, not one program has A little bit of history is important, if consent to accomplish this—is that we been eliminated, not one program has the majority leader will allow me to simply have two amendments: One— been adjusted downward. Everything proceed briefly to outline the history. mine—would put back in place pay-go has gone up and up and up. Thousands We passed something called rules and the Byrd rule prospectively— of earmarks have been proposed, thou- SAFETEA back in 1995. That bill set so it doesn’t even affect this event—so

VerDate Aug 31 2005 23:35 Sep 10, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.008 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8226 CONGRESSIONAL RECORD — SENATE September 10, 2008 this doesn’t happen again. Both of not going to do is get into a debate on short of that is playing Russian rou- those should be disciplining events on the Senate floor with the Senator from lette with our economy. how we fund roads, and it is the right New Hampshire on the rules relating to Mr. President, it speaks volumes that procedure. It is not an outrageous re- the budget. He knows them inside out we are here, as we should be, talking quest to proceed that way. The other is and upside down. The only person I about how much money $8 billion is. the Coburn-DeMint amendment, which know who is qualified to debate him on Keep in mind that we want to take says that any money that is taken out these issues is Senator CONRAD. So his that money and put it in the highway of the highway fund will be used for amendment is something I am not trust fund to keep jobs, to keep people building roads or bridges, as I under- going to discuss at all because, without from being laid off, when yesterday it stand it, and not be used for things in any way demeaning myself, I am not was announced by the administration such as bike paths and basketball are- capable of doing that. that we are going to have the highest nas. But I can say a few things about the deficit in the history of our country So those are the two amendments; Coburn nonessential projects amend- this year. Where is President Bush that those amendments be brought up, ment. My friend, the junior Senator when we have been talking about these debated, and voted on in a very short from Oklahoma, has held up scores of deficits for such a long time? and very constricted timeframe and bills. His definition of nonessential is So, Mr. President, with all due re- then we have a final passage vote. The unique to him. For example, we all spect to my friend, the senior Senator majority leader has asked for an know—we have been through it be- from New Hampshire, I object. amendment to his proposal, so if either fore—that he has held up the Lou The ACTING PRESIDENT pro tem- one of these proposals were to pass, it Gehrig bill, which would allow a reg- pore. Objection is heard. is going to go back to the House. istry to be set up so we could start Mr. GREGG. Mr. President, might I The argument that this is going to doing research on this dread disease inquire of the majority leader—— slow the process doesn’t really have that is killing people as we speak. The The ACTING PRESIDENT pro tem- legs because, first off, we may lose both Senator from Oklahoma has held up pore. The time of the Senator from our amendments, but even if we don’t the Christopher and Dana Reeve Paral- New Hampshire has expired. The Chair lose them, the majority leader has pro- ysis Act, which is so important to peo- is informing him of that. This is the posed a unanimous-consent request ple who are paralyzed. Postpartum de- Republican time. Mr. GREGG. Mr. President, I ask which has an amendment in it, and pression—I don’t know if anyone has unanimous consent to proceed for 2 that amendment will pass because, in had this in their family, situations minutes to enter into a dialog with the effect, it is an effective date amend- where this disease has reared its ugly majority leader and that it not affect ment. But that will send it back to the head. It is very severe. A woman has a House and it will have to be done the 15 minutes that has been reserved baby, and following the woman having for the Senator from Texas. again, anyway. So as a practical mat- a baby, she becomes emotionally un- ter, these proposals aren’t going to The ACTING PRESIDENT pro tem- stable and needs help. We need to do re- pore. Without objection, it is so or- slow the process. search on this to try to find out what It does seem to me it is reasonable to dered. we can do to alleviate this very serious Mr. GREGG. Might I inquire of the have two amendments and then final problem. The Senator from Oklahoma passage or three amendments and then majority leader, 2 days ago, the major- has held that up. Conquering childhood ity leader—yesterday—proposed a final passage rather than just one cancer—held up. Breast cancer re- amendment and have final passage, and unanimous-consent request, and I search was stopped by Senator COBURN. didn’t note in that request that he had do it all within a framework that has a The Emmett Till Unsolved Crimes reasonable timeframe. a recorded vote involved. Also, if I Act—stopped. Child pornography pros- heard his statement correctly, if the f ecution—stopped. Enhancing child por- Senator from North Dakota were to UNANIMOUS-CONSENT REQUEST— nography prosecution—stopped. Fund- agree to my amendment, would he be H.R. 6532 ing victims for torture—stopped. willing to place it into this amend- Mr. GREGG. Mr. President, I ask So, Mr. President, I have great re- ment? unanimous consent that the Finance spect for my friend from New Hamp- Mr. REID. No. Mr. President, what I Committee be discharged and the Sen- shire, but the President of the United said is that I am not going to debate ate proceed to the immediate consider- States and his Cabinet officer, the Sec- these very complicated issues relating ation of H.R. 6532, the highway trust retary of Transportation, called me to budgetary matters with the Senator fund bill, under the following agree- personally to say they needed this leg- from New Hampshire. I said the only ment: that the Baucus amendment at islation done Monday. They have said person who I think is as knowledgeable the desk changing the enactment date they want it done Monday. They want of the budgetary provisions of the law be agreed to and the only other amend- it done now. All 50 States are facing a and precedents here in the Senate is ments in order be the Gregg amend- highway funding crisis if we don’t get the Senator from North Dakota. So I ment on budget discipline and the this bill to the President’s desk imme- have every belief that the Senator from Coburn on nonessential projects, the diately. His Transportation Secretary, North Dakota is not going to come and text of which is at the desk, with 30 Mary Peters, after opposing our efforts do this, and I have an even stronger be- minutes of debate on each amendment for months to do this, has stated that lief that the Senator from North Da- and 1 hour on the bill equally divided the crisis has become so severe that kota would not agree to what the Sen- in the usual form. I further ask unani- the bill needs to be on the President’s ator suggests. mous consent that upon disposition of desk no later than Friday of this week. Mr. GREGG. Well, I suspect the Sen- the amendments and following the use The Department of Transportation has ator knows the position of the Senator or yielding back of the time, the bill, told us that by this Thursday, States from North Dakota well. as amended, be read a third time and will be reimbursed to the tune of 62 Mr. REID. I would also say this, Mr. the Senate proceed to a vote on pas- cents on the dollar. That will mean im- President: I would be happy to pro- sage without any intervening action. I mediate layoffs, immediate termi- pound a unanimous-consent request. further ask unanimous consent that no nations of existing contracts. My request, which I have done on two points of order be waived by virtue of We don’t have time for debating friv- separate occasions—Monday and Tues- this agreement. olous amendments. The amendment day, and now it is Wednesday—called So the maximum amount of time my friend talks about is one the Presi- for passage by unanimous consent with that would be involved here would be 2 dent wants and can be completed just no rollcall vote. I would be happy to hours, and then there would be a vote like that. We need to get this done. We change that so that we have a rollcall on final passage. need to pass the bill now with an im- vote on this. That rollcall vote would The ACTING PRESIDENT pro tem- mediate implementation date so that be scheduled forthwith. pore. Is there objection? our Governors and our highway work- Mr. GREGG. Mr. President, I would Mr. REID. Reserving the right to ob- ers will know they will have the Fed- like to talk to the majority leader ject, Mr. President, the one thing I am eral funds they are owed. Anything about that.

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.010 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8227 I yield the floor. Since the 2006 election, Democrats Mr. CORNYN. What the American The ACTING PRESIDENT pro tem- have been in control. And this year people want in Washington is account- pore. The Senator from Texas is recog- alone, spending has increased by 8.3 ability. And what they see is dysfunc- nized under a previous order. percent. Now, I don’t know any busi- tion and no accountability. If there is Mr. CORNYN. Mr. President, I would ness, I don’t know any family who in- one thing I heard from my constituents request I be notified when I have used creased their spending 8.3 percent from in Texas as I was there during the 12 minutes. last year to this year. Only the Federal month of August is that no one is Mr. President, I wish to join my col- Government—which, of course, prints happy with what is happening in Wash- league from New Hampshire in raising money, which is then added to the def- ington, in Congress in particular, not some alarm—not intemperate, not icit and the bill passed on to our chil- Democrats, not Republicans, and cer- hysterical alarm, but alarm nonethe- dren and grandchildren—only the Fed- tainly not me. less—about the recent reports that the eral Government could get away with I think to see, for example, a $400-bil- Federal deficit has now risen in excess that. lion-plus deficit, a bailout of Fannie of $400 billion. Of course, what that Regarding the Fannie Mae and Mae and Freddie Mac that is going to means is that the Federal Government Freddie Mac debacle, no one actually cost probably somewhere on the order continues to spend money it does not knows how much this bailout is going of $200 billion, and then to hear Speak- have, and I think the American people to cost the American taxpayer. I have er PELOSI in the other body talk about are rightfully concerned that we are on very serious concerns whether the poor a second stimulus bill which is going a course of significant fiscal irrespon- investment decisions of the CEOs and to, of course, increase Government sibility for which a tremendous price is the shareholders should be guaranteed spending, spending money we do not going to be paid by our children and by the paychecks of taxpayers. have and pass that debt along to our grandchildren. As a matter of fact, I think they children and grandchildren, I wonder The Senator from New Hampshire should not be. While they were granted whether Congress has lost leave of its mentioned the fact that here we are in a backstop against catastrophic losses, senses entirely, because there seems to September, and this Congress, under certainly the taxpayers were not there be absolutely no recognition of our fis- the Democratic control conferred upon to share in the profit during the hey- cal responsibility here. I point to the them in the last election, has yet to day of those Government-sponsored en- fact that there has actually been an ef- pass a single appropriations bill. I terprises. And the most disturbing to fort to try to figure out how to elimi- know that in the blame game—which me is that the collapse of Fannie and nate wasteful spending projects. The in Washington, DC, is a world-class Freddie was, in all likelihood, contrib- Office of Management and Budget has sport—our colleagues on the other side uted to by corrupt actions of its cor- done a review of about 1,000 Govern- of the aisle like to point to the Presi- porate officers. ment programs and actually concluded dent of the United States as the person As a matter of fact, in May of 2006, a that about 22 percent of them were ei- responsible for the high budget deficit. report by Fannie Mae’s oversight au- ther ineffective or else they could not But the fact is that the President can’t thority, the Office of Federal Housing tell whether they were effective. appropriate a penny of money. The Enterprise Oversight, noted that: In other words, out of 1,000 Govern- President does not have that authority By deliberately and intentionally manipu- ment programs chosen by the Office of under the Constitution of the United lating accounting to hit earnings targets, Management and Budget, 22 percent States. Only Congress can appropriate senior management maximized bonuses and were either found ineffective or else it money, and Congress is the one that the executive compensation they received at was impossible to say whether they should bear the responsibility for this the expense of shareholders. were effective. I do not know which is tremendous state of fiscal neglect and Now, there was an investigation into worse, whether they are ineffective or irresponsibility that brings us here these corrupt practices. But, amazingly whether you do not have the informa- today. enough, there were no criminal charges tion to tell one way or the other. We also know that in this election pursued, only civil fines against the What Congress needs to do as it sets season, Senator OBAMA, our colleague top three corporate officers. So while about spending more money is not from Illinois, has already proposed $350 three corporate officers overstated grow the size of Government and raise billion in new Federal spending. The Fannie Mae’s earnings by approxi- taxes or else pass the bills down to our $400 billion deficit apparently is not mately $10.6 billion, they have been children and grandchildren, Congress enough to satisfy Senator OBAMA. He given a slap on the wrist and no real needs to start cutting ineffective pro- wants to spend $350 billion more in new sense of accountability, no account- grams. That is why I have introduced a spending. And these are not on existing ability in any sense of the word. bill that would create a sunset commis- spending programs, this is new spend- We know they contributed to what ulti- sion like the sunset commission in ing. Over 5 years, his proposals would mately happened by the Treasury Secretary many States, including mine, which cost almost $1.7 trillion. Well, I have to using the power Congress conferred in him to would actually periodically review tell you that in the 5 weeks I was back essentially take over and bail out these two Federal Government agencies and pro- in Texas traveling the State and listen- enterprises. grams and cut wasteful or ineffective ing to my constituents, the last thing I have written a letter to the Attor- programs. that was on their to-do list for us here ney General of the United States ask- That is the kind of commonsense, in Congress was to come up with new ing him to conduct a criminal inves- practical, bipartisan solution the ways to spend their money. What they tigation into the activities of the cor- American people are crying out for, but wanted was for Congress to accept the porate officers and anyone else who apparently in vain, because Congress responsibility that goes along with the may have contributed to the overstate- persists down this road of fiscal irre- privilege of holding the offices we hold ment of assets on the books of Fannie sponsibility, and there is no apparent and to actually do something about the Mae and Freddie Mac and to make sure end in sight. problems that confront our Nation a thorough criminal investigation is f when it comes to fiscal irrespon- undertaken and that those responsible sibility. for violating any of the criminal laws DEFENSE AUTHORIZATION It is a troubling sign that our deficit of the United States be held account- Mr. CORNYN. Mr. Presient, I know has ballooned from $161 billion to more able. we are going to be moving to the De- than $400 billion. Yet what do we find Mr. President, I ask unanimous con- fense authorization bill. I want to out yesterday or the day before but sent that this letter to the Attorney speak briefly on an amendment which I that the Federal Government is now General be printed in the RECORD after intend to offer called the Military going to have to take over, in essence, my remarks. Voter Protection Act. I believe the Freddie Mac and Fannie Mae. This The PRESIDING OFFICER (Mr. NEL- right to vote is one of the most pre- move could potentially cost taxpayers SON of Nebraska.) Without objection, it cious civil rights we have as American as much as $200 billion more on top of is so ordered. citizens. Yet the scandalous fact is the $400 billion deficit. (See exhibit 1.) that last election, in 2006, out of all of

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.011 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8228 CONGRESSIONAL RECORD — SENATE September 10, 2008 the eligible military voters and civil- to produce more American energy so ficers—but no criminal charges. While the ians overseas, only 5.5 percent of those we do not have to send $700 billion a three corporate officers who overstated eligible to vote and who actually tried year overseas to other countries in Fannie Mae’s earnings by approximately to cast a vote had their vote counted— order to buy something which we have $10.6 billion may possess some form of pros- ecutorial immunity, it is imperative that 5.5 percent. an abundance of right here at home, as there is accountability for each and every Now, if this were to happen in any much as 3 million additional barrels a fraud perpetrated upon shareholders and the city, in any town, any State here in day right here in the United States, if public. Moreover, the efficacy of prior inves- our country, there would be a major Congress would simply become part of tigations by OFHEO and Justice are further public outcry. There would be news- the solution rather than becoming part called into question in light of evidence of paper headlines, and investigative re- of the problem, which it has been by disturbing allegations of active interference porters would be scrounging for infor- annually passing an appropriations bill on the part of Fannie Mae lobbyists. Accord- mation finding out who is denying the rider banning drilling and exploration ing to the OFHEO report, Fannie Mae and production in the Outer Conti- ‘‘sought to interfere’’ with the OFHEO inves- most basic civil right to American citi- tigation by petitioning Congress to conduct zens that we have, which is the right to nental Shelf. a separate investigation of OFHEO. Further- vote. Last year, there was an amendment more, they allegedly lobbied Congress to cut But for some reason nothing is done, to an appropriations bill that would ac- OFHEO’s funds for failure to fire the top offi- either by the Department of Defense or tually ban rulemaking and exploration cial responsible for investigating Fannie the Department of Justice or by the and production of oil shale out in Utah, Mae. Congress to make sure that those men Colorado, and Wyoming, which has As the future of Fannie Mae and Freddie and women who are deployed in harm’s enormous capacity to produce a lot Mac is debated, it is essential for Congress to shine more light on the culture of corruption way have the opportunity to register more American energy at home. And then, of course, there is ANWR, that plagued these institutions. But federal to vote, and to make sure that when prosecutors and regulators also must vigor- they do vote, their ballot is actually where 2,000 acres, right in the middle of ously investigate these institutions with the delivered back and counted on a timely a desolate part of a 19-million acre ref- utmost urgency. Shareholders—indeed, all basis. uge in Alaska, harbor untold amounts taxpayers—are entitled to a critical exam- This is something that I think all of of oil, American oil, that would obvi- ination of Fannie Mae and Freddie Mac in us would support on a bipartisan basis, ously, if produced, make it possible for light of the huge costs they are forced to the Military Voting Protection Act. I us to buy less from countries that in bear as a result of the mortgage companies’ demise. intend to bring it up this morning with some cases wish us harm and not well. This is a national security problem. Thank you for your prompt attention to both the bill managers, Senator LEVIN this matter. and Senator WARNER. I hope I will be It is an economic problem not only for Sincerely, permitted an opportunity—— our country but for every hard-working JOHN CORNYN, The PRESIDING OFFICER. The Sen- family. I hope Congress will do what it U.S. Senator. ator has used 12 minutes. has not done in the preceding months Mr. CORNYN. I yield the floor and Mr. CORNYN. I thank the Chair. I and actually act in a bipartisan way to yield back any remaining time we hope I will be given an opportunity to solve some of these problems which I have, and I suggest the absence of a call up this amendment and to have it mentioned in a way that hopefully quorum. voted on. I worry a little bit because of would make our constituents proud of The PRESIDING OFFICER. The the fact that the majority leader has us rather than disdainful, which is clerk will call the roll. filled the amendment tree, and that demonstrated, of course, by the his- The bill clerk proceeded to call the there is some question whether amend- toric low approval rating which Con- roll. ments will be allowed on this bill. gress now—I was going to say enjoys, Mr. LEAHY. I ask unanimous con- As a member of the Senate Armed but certainly we do not enjoy that— sent that the order for the quorum call Services Committee, as is the occupant now suffers. be rescinded. of the chair, I am usually familiar with EXHIBIT 1 The PRESIDING OFFICER. Without the fact we are on Defense authoriza- U.S. SENATE, objection, it is so ordered. tion bills for a matter of a week or Washington, DC, September 9, 2008. f more, usually 2 or 3 weeks, and it is Hon. MICHAEL B. MUKASEY, Attorney General, U.S. Department of Justice, CONCLUSION OF MORNING usually a much amended bill because of BUSINESS the public interest in this particular Washington, DC. DEAR GENERAL MUKASEY: The recent gov- piece of legislation. The PRESIDING OFFICER. Morning ernment takeover of the Federal National business is now closed. I am worried that the majority lead- Mortgage Association (‘‘Fannie Mae’’) and er is trying to compress all activity the Federal Home Loan Mortgage Corpora- f into this 1 week and we will not have tion (‘‘Freddie Mac’’) raises serious concerns NATIONAL DEFENSE AUTHORIZA- an opportunity to offer important whether a well-documented culture of cor- TION ACT FOR FISCAL YEAR 2009 amendments such as the Military Vot- porate executive corruption at these organi- The PRESIDING OFFICER. Under ing Protection Act, which I have de- zations contributed to the mortgage giants’ collapse. I request that the Department of the previous order, the Senate will re- scribed, which I will come back to the Justice begin a new, full-scale investigation sume consideration of S. 3001, which floor and describe more thoroughly. into accounting fraud and other corrupt the clerk will report. After a very bad year here in the practices perpetuated by top executives—and The assistant legislative clerk read Senate, we still have about 21⁄2 weeks coordinate efforts with the Department of as follows: in order to pull the chestnuts out of Treasury and other regulatory entities to de- termine to what extent any illegal activities A bill (S. 3001) to authorize appropriations the fire and actually accomplish some for fiscal year 2009 for military activities of very important things by passing a De- led to the institutions’ failure. The public deserves a full understanding of the events the Department of Defense, for military con- fense authorization bill, including pro- struction, and for defense activities for the tecting the voting rights of our mili- surrounding the failure of Fannie Mae and Freddie Mac and, furthermore, corporate ex- Department of Energy, to prescribe military tary deployed overseas. ecutives must be held accountable to the personnel strengths for such fiscal year, and We have a chance to stand up for fis- American people. for other purposes. cal responsibility by actually passing In May 2006, a report by Fannie Mae’s over- Pending: some appropriations bills and by con- sight authority, the Office of Federal Hous- Reid amendment No. 5290, to change the sidering high energy prices and how ing Enterprise Oversight (OFHEO), noted enactment date. those are affecting average Texas fami- that ‘‘[b]y deliberately and intentionally Reid amendment No. 5291 (to amendment lies and families all across this coun- manipulating accounting to hit earnings tar- No. 5290), of a perfecting nature. gets, senior management maximized the bo- Motion to recommit the bill to the Com- try, and driving up the cost of food and nuses and other executive compensation mittee on Armed Services with instructions other commodities as well. they received, at the expense of share- to report back forthwith, with Reid amend- We actually have an opportunity, by holders.’’ The investigation into illegal ac- ment No. 5292 (to the instructions of the mo- eliminating the moratorium on off- counting practices resulted in fines levied on tion to recommit), to change the enactment shore oil exploration and production, Fannie Mae and three of its top corporate of- date.

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We have a great 5323, to provide for a suspension of certain who then defraud our great Nation at a heritage of understanding the difficul- statutes of limitations when Congress has time of war should be punished for it. ties faced when we put somebody in jail authorized the use of military force. They should not be let off the hook. based on old evidence that is somewhat AMENDMENT NO. 5323 Too many brave men and women are difficult to deal with. Mr. LEAHY. Mr. President, I see the putting their lives on the line in Iraq With regard to civil actions, we have distinguished senior Senator from and Afghanistan. Too many brave, pa- a number of statutes of limitations Michigan on the Senate floor, the triotic Americans are doing everything that commence on discovery of the chairman of the committee, and the they possibly can over there, risking wrong, but for the most part, except distinguished Senator from Alabama, a and often losing their lives every day. for murder, certain crimes, I think for key member of the committee. I will We should not allow those who want to almost all crimes dealing with death speak on the Wartime Enforcement of make money out of their sacrifice and and maybe one with child sexual abuse, Fraud Act. This was introduced last defraud the Government to get away there is a limited statute of limita- night. It is one I hope the Senate will with it. The bill being paid by the tions. wholeheartedly accept. American taxpayers for the wars in The statute of limitations on most For more than 5 years, America has Iraq and Afghanistan is high enough. crimes in the Federal court, even seri- been fighting wars in Iraq and Afghani- As in past wars, Congress should do all ous ones, is 5 years. I do believe during stan. In fact, we have been there longer it can to ensure their money is not lost the debate that we extended the stat- than we were in World War II. But ef- to waste and fraud. ute on S&L fraud to 8 years. The truth forts to investigate contracting fraud I hope Senators will join in this ef- is, these savings and loans would go during these wars continue to lag. Part fort. This is not creating a new crime. bankrupt 4 or 5 years after the crime of the reason is not because the au- It is simply saying those who do com- was committed. Then it takes 2 or 3 thorities don’t want to find out wheth- mit crimes, who do defraud America, years to investigate it. By then the er there has been fraud, but it is dif- who do defraud people who are over statute had run, and you have, red- ficult to uncover fraud when you are in there serving our country, ought to be handed, defrauding the people, and you a shooting war and conflicts continue. couldn’t prosecute the case. I under- The problem is not new—this has punished. I find it hard to think Mem- happened before—and the solution is bers would disagree with that. stand the difficulties we are dealing not new. Current law extends the stat- I yield the floor. with here. The PRESIDING OFFICER. The Sen- Mr. LEAHY. Will the Senator yield ute of limitations for contracting fraud ator from Alabama. for a moment? offenses during wartime to address this Mr. SESSIONS. Mr. President, I Mr. SESSIONS. Yes. problem. In other words, if fraud has thank Senator LEAHY for his amend- Mr. LEAHY. We also have the case occurred, you have a certain statute of ment and his interest in dealing with a that most jurisdictions are under a limitations. We would simply extend difficulty that has impacted real life. statute of limitations. If you have a it. This commonsense law was passed Contractors should be held to account, crime within a jurisdiction, but then by Congress during World War II with and there is difficulty in gathering the the person flees to escape prosecution, the support of President Roosevelt. A evidence necessary in a prompt way in the statute does not run in that cir- similar provision was passed in World a time of conflict to effectively carry cumstance. While this is not on all War I. Those were wars in which we fours, when you have a war situation were involved for less time than we out prosecutions—I can see as a former where people are shooting each other, have been involved in Iraq and Afghan- Federal prosecutor—within the time of it is very difficult to go over and just istan. Current law only applies to de- the statute of limitations. There is gather the evidence. clared wars and not to circumstances only one concern I have about it, and I The Senator is absolutely correct. where Congress only authorizes the use will address that in a moment. But, fundamentally, the Senator is The bank robbery that occurs, you of military force rather than officially know it occurred at that moment. declaring war. So the extension of the correct. We have discussed this a good Somebody came in, put a gun to the statute of limitations doesn’t apply to bit in the Judiciary Committee, where teller’s face, and stole the money and the ongoing wars in Iraq and Afghani- Senator LEAHY is chairman. We did the left. The investigators immediately stan. Military Extraterritorial Jurisdiction The bipartisan Wartime Enforcement Act that I sponsored and led the first start investigating the crime. Because of Fraud Act will close that technical one of those. We do have to be careful of the person’s jurisdiction, you have loophole. It will apply the law that we because it can have unintended con- to investigate the crime and arrest already have on the books, but it will sequences. them within the 5 years. Here the dif- apply it not only to declared wars but The trial of a marine in California for ficulty is investigating the crime when also to the wars in Iraq and Afghani- an act in Iraq that he was acquitted for many times it is hidden. The crime is stan. I was pleased to join with Senator just a few days ago resulted from the hidden, using the savings and loan ex- GRASSLEY of Iowa earlier this year to bill that we passed. I don’t think any of ample. I am simply trying to do what introduce this legislative fix, and the us at the time thought that we were we did in World War II and World War Judiciary Committee reported this subjecting military persons to a civil- I—I don’t recall whether we did it in measure before the August recess. With ian trial when we were dealing, we Korea or not—in past wars. I have a re- each passing day, we are losing the thought at the time, with defense con- luctance to give any cover to those legal authority to prosecute fraud in tractors. We need to be careful as we who defraud us. We have so many con- Iraq and Afghanistan because the exist- deal with the issue. I know Senator tractors over there who are putting ing law that extends the statute of lim- LEAHY agrees with that. For the most their own lives on the line, playing by itations does not apply to these wars. part, I understand and support what he the rules, doing everything right. They We have an obligation, no matter is attempting to do. should be commended for that. We have whether one is for or against the war in The statute of limitations is an im- others who try to take advantage of Iraq, to protect the public interest and portant principle of law. It is some- this situation when others are putting certainly to protect taxpayer dollars thing as a Federal prosecutor, as attor- their lives on the line and sometimes during times of war. This simple ney general of Alabama, I had to deal losing their lives. We ought to nail amendment will allow us to do so. We with on many occasions. My colleagues them. I think we ought to nail them have done that in past wars. Iraq and probably know that an individual who very hard. Afghanistan should be no different. commits armed bank robbery, if he is Mr. SESSIONS. I agree. That is why We have well-documented reports of not prosecuted within 5 years, cannot we have passed the Military fraud and abuse, as we have seen in be prosecuted. If a person commits Extraterritorial Jurisdiction Act, why

VerDate Aug 31 2005 23:35 Sep 10, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.016 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8230 CONGRESSIONAL RECORD — SENATE September 10, 2008 we have expanded it, under the leader- nesses, and otherwise interfere with his abil- Mr. LEVIN. All right. If we could get ship of the chairman. I supported mak- ity to defend himself. . . .Possible prejudice the yeas and nays on this amendment ing sure that contractors were fully is inherent in any delay, however short; it so we could move on. may also weaken the Government’s case. Mr. President, I ask for the yeas and covered from the original act based on . . .Such a [statute of] limitation is designed a crime that came to my attention to protect individuals from having to defend nays. where a young person was sexually mo- themselves against charges when the basic The PRESIDING OFFICER. Is there a lested and the host country didn’t want facts may have become obscured by the pas- sufficient second? to prosecute it and they couldn’t be sage of time and to minimize the danger of There appears to be a sufficient sec- tried and court-martialed because the official punishment because of acts in the ond. person was a contractor, not a military far-distant past. Such a time limit may also The yeas and nays were ordered. person. We made that possible. have the salutary effect of encouraging Mr. LEVIN. Mr. President, I under- [cases to be prosecuted promptly]. Since we are in a world in which stand, under the current order, we some of these authorizations to use But I will say that is the only con- would now be moving to consideration military force may be very long indeed, cern I have. I thank the Senator for of the Vitter amendment regarding it is determined not by what we do so raising this issue. It will definitely missile defense for 2 hours of debate. much as by the actions of the enemy; close a loophole. Those who are interested in that I would note I had the honor last that is, if they continue to attack us, I amendment are urged to come to the night to be on an airplane coming back think our authorization of military floor so we could begin that debate. from Alabama sitting by a young indi- force will continue many years per- But at this time I will yield the floor. vidual who served 2 years as a con- haps. If the conflict ends, it could be The PRESIDING OFFICER. The Sen- tractor in Iraq. He is going back for a ator from Oklahoma. ended sooner. So we could be in a posi- third year. We talked about some of tion, just as a matter of law, of lim- Mr. COBURN. Mr. President, I ask these things. I did not know this unanimous consent that I be recog- iting the amount we are exposing a amendment was coming up. But he contractor to of criminal prosecutions nized for 10 minutes as in morning talked about that some of the people business. for something that happened many do not perform very well. Many of years before, when actually in the fog The PRESIDING OFFICER. Without them are very hard working. Many of objection, it is so ordered. of war, sometimes it is more difficult them are former military people who to handle things correctly. It would be GOVERNMENT SPENDING served with great distinction. Mr. COBURN. Mr. President, I heard, certainly more difficult to gather evi- But in this time of war, some people dence, and it is more difficult to get this morning, the majority leader talk do lose their discipline, and fraud is a about the objection to the request by witnesses here and that kind of thing. matter of real risk. We do need to My suggestion would be that we do as Senator GREGG. I do not believe there watch every penny, and we certainly do is anybody in this body who does not we did with the statute of limitations not need to have unscrupulous contrac- on S&L fraud but have some sort of want us to fix the highway trust prob- tors billing the American people for lem, and it will probably be the fact definite end to it because some of these work they do not perform, for making extended wartime efforts could go on that there will be no amendments of- false claims to the Government. I fered at the direction of the majority for a number of years. I don’t see as a think a statute of limitations probably matter of principle, not specific facts, leader, which I think is probably some- needs to be extended in this case. what tragic because we would not be why a contractor who commits fraud in I thank the Chair and yield the floor. the United States gets the protection The PRESIDING OFFICER. The Sen- able to have the debate we need to have of a 5-year statute, even if it is against ator from Michigan. on this issue. the Department of Defense, but one in Mr. LEVIN. Mr. President, this is an But it should not be lost on the Iraq, in the chaos of war that even af- important amendment that appro- American public that some $16 billion fects them—their ability to maintain priately recognizes the United States is in the last highway bill was not for discipline over their workers is some- now engaged in combat operations in roads, bridges or highways. One of the times more difficult, frankly—that Iraq and Afghanistan without a formal amendments that was going to be dis- they would be prosecuted with an un- declaration of war. The amendment cussed, had we had the opportunity to limited statute of limitations. That is takes the appropriate step of modifying amend it—which we are not because something we could discuss, and I ask the statute of limitations to cases in the majority leader is not going to the Senator to think about it. I don’t which the use of force has been author- grant that opportunity—was the idea take any fundamental objection to the ized without a formal declaration of that of the $8.5 billion we are going to work he is doing. It is fundamentally war. put in there, no new projects ought to sound and good, and I support it. I very much welcome—and I am sure be started unless they are for roads, I will say this, if I could: In Toussie Senator LEAHY does as well—the sup- bridges or highways. In other words, we v. United States, the Supreme Court port of the Senator from Alabama. I do should not be building museums. We held: not know of anybody else who wants to should not be building parking garages. The purpose of a statute of limitations— speak on this amendment. Unless the We should not be doing ancillary work that does not have anything to do with Which I want to say is available in Senator from Alabama does, I will sug- true transportation needs associated all cases, for all kinds of crimes, except gest then that we move on to the next with the trust fund. That was the only very few, such as murder— amendment. I understand there is going to be a amendment we were going to offer. The purpose of a statute of limitations is All the States are going to be at a to limit exposure to criminal prosecution to unanimous consent request that may a certain fixed period of time following the interrupt that flow, but before we get significant disadvantage if we do not occurrence of those acts the legislature has to that, if the Senator from Alabama do this. But I found it somewhat curi- decided to punish by criminal sanctions. knows of no other—first of all, let me ous that before we left we had an omni- Such a limitation is designed to protect indi- ask the Senator whether he does know bus bill that had to spend $10 billion. viduals from having to defend themselves of any other speaker on the amend- We had to do it. We were contrasted as against charges when the basic facts may terrible because we did not agree with have become obscured by the passage of time ment. Mr. SESSIONS. Mr. President, I am it. Now we have $8 billion, and we want and to minimize the danger of official pun- to do it, we want to debate it, and we ishment because of acts in the far-distant not aware of any. past. Such a time limit may also have the Mr. LEVIN. Is the Senator willing to are not going to be allowed to debate salutary effect of encouraging law enforce- have this amendment voice voted at or amend it. I would think that is to ment officials promptly to investigate sus- this time? the detriment of the body, that, again, pected criminal activity. Mr. SESSIONS. I would like to dis- we are losing the history of this body, The Court has further held: cuss that a little more with Senator we are losing the deliberative nature of Passage of time, whether before or after LEAHY, and perhaps he will convince the body, and at the whim of the ma- arrest, may impair memories, cause evidence me that my suggestion is not wise, so jority leader, because we have an emer- to be lost, deprive the defendant of wit- I would object at this time. gency, we have to have a unanimous

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First So it rings hollow to come down and about what is best for the upcoming of all, the childhood cancer bill was complain about the administration election in November. To me that is a agreed to by unanimous consent. It was when they cannot spend one penny we disservice to this body and it is a dis- not even a part of that package he do not send to them. We are at least as service to the American people. claimed it was. The irony is, as we culpable and liable as the administra- I yield the floor. heard from the majority leader’s state- tion in terms of this deficit. To say we Mr. SESSIONS. Mr. President, I note ment today his disdain for the largest cannot debate and clean up the prior- the absence of a quorum. deficit in history, do you realize the ities of the transportation fund by say- The PRESIDING OFFICER. The President of the United States cannot ing it is going to be spent on some of clerk will call the roll. spend one penny unless we let him? If the 240,000 bridges that are in desperate The legislative clerk proceeded to there is a deficit in this country, it shape in this country and spend the call the roll. says a whole lot more about this body money on highways and roads and Mr. VITTER. Mr. President, I ask and the House than it says about the bridges and not other things that ben- unanimous consent that the order for President. We are the ones who approve efit Members of this body but do not the quorum call be rescinded. the spending. benefit the majority public and are The PRESIDING OFFICER. Without So far, this year, we are going to outside the transportation goals of objection, it is so ordered. spend off-budget about $270 billion. every State transportation department VITTER AMENDMENT NO. 5280 Where is that money going to come in this country rings hollow. Mr. VITTER. Mr. President, I ask from? It is going to come from the next There are a lot of great things we can unanimous consent to call up Vitter two generations paying it back. So I do. We can help people with disease. We amendment No. 5280. find it curious we have to have a bill can solve problems. He mentioned the The PRESIDING OFFICER (Mr. that spends $10 billion and then we are Emmett Till bill. He objected twice to CASEY). The clerk will report. critical of the deficit and now we have a compromise that the Emmett Till The legislative clerk read as follows: to have a bill that is going to spend $8 board had agreed to—twice—that Sen- The Senator from Louisiana [Mr. VITTER], billion, but we cannot have any amend- ator DODD had agreed to, that Senator for himself, Mr. INHOFE, and Mr. KYL, pro- ments and we cannot debate it in a BIDEN had agreed to. As far as the child poses an amendment numbered 5280. thoughtful way and still get it done pornography, Senator DODD and Sen- Mr. VITTER. Mr. President, I ask this week. We could get it done in less ator BIDEN had agreed to that too. It unanimous consent that the reading of than 2 or 3 hours. was offered as a unanimous consent re- the amendment be dispensed with. It shows you the lack of consistency. quest twice. Both had agreed to it. The PRESIDING OFFICER. Without To be fair, Senator REID has a very dif- Is this about politics or is this about objection, it is so ordered. ficult job. This is a hard place to man- doing things for the country? I would The amendment is as follows: age, there is no question about it. But tell you the evidence shows it is about politics. We need to wake up. Our coun- (Purpose: To authorize, with an offset, an ad- we are getting on the edge of a lack of ditional $100,000,000 for Procurement, De- fairness. We are getting very close to try is at a crossroads. We had Fannie fense-wide, and an additional $171,000,000 an edge where the traditions of the Mae, Freddie Mac taken over. The first for Research, Development, Test, and Eval- Senate are going to be thrown out the number, of course, is low: $200 billion. uation, Defense-wide, for near-term missile window. It is going to be $600 or $700 billion that defense programs and activities) As we look at it, as Senator REID we are going to charge to our kids for At the end of subtitle C of title II, add the complains about the deficit, I would re- the mismanagement of those two agen- following: mind that he sponsored $531.2 billion cies. That is going to get added next SEC. 237. ADDITIONAL FUNDING FOR THE MIS- worth of new spending in the 109th Con- year. We are getting ready to do an- SILE DEFENSE AGENCY FOR NEAR- gress. So far, he has sponsored $56.7 bil- TERM MISSILE DEFENSE PROGRAMS other emergency supplemental that ev- AND ACTIVITIES. lion in the first 8 months of 2007. So it erybody is piling things on. It is going (a) ADDITIONAL AMOUNT FOR PROCUREMENT is another $150 or $200 billion in this to be $50 or $60 billion. It is going to be ACTIVITIES.— Congress. We cannot continue to have another free-for-all. It is going to fly (1) ADDITIONAL AMOUNT FOR PROCUREMENT, more and more new spending without through here in spite of my votes DEFENSE-WIDE.—The amount authorized to be getting rid of some of the spending against it. We are going to do another appropriated by section 104(1) for Defense- that is not effective. stimulus package—none of it we have wide procurement is hereby increased by So when we have the claims that we the money for. We are going to borrow $100,000,000. are disgusted with the deficit, and then (2) AVAILABILITY.—Notwithstanding sec- every bit of it. We are compounding to tion 1002, of the amount authorized to be ap- we can have $500-plus billion sponsor- make the problems worse. Because we propriated by section 104(1) for Defense-wide ship of new spending and routine votes will not work on the $350 to $380 billion procurement, as increased by paragraph (1), against an earmark moratorium, worth of waste, and we would not even up to $100,000,000 may be available for the against the idea of stealing money put an effort out toward that, we are Missile Defense Agency for the Terminal from Social Security to spend new going to continue to see a downward High Altitude Area Defense (THAAD) system money, against amendments that say spiral in our economic position in this for the purpose of advanced procurement of we have a moral obligation to offset world. interceptor and ground components for Fire the cost of new spending so we do not So I would think most Americans, as Unit #3 and Fire Unit #4, including compo- nent AN/TPY–2. charge it to our children, against we add $8.5 billion back to the highway (3) SUPPLEMENT NOT SUPPLANT.—The prioritizing the reconstruction of Lou- trust fund, would want us to see that it amount available under paragraph (2) for the isiana bridges instead of earmarks in goes for highways, bridges, and roads, purpose set forth in that paragraph is in ad- Alaska, these are the votes of Senator not for earmarks, special pork projects dition to any other amounts available in this REID. that make us look good at home that Act for such purpose. So the disdain for the—and I have are outside the boundaries and the pri- (b) ADDITIONAL AMOUNT FOR RESEARCH, DE- three pages of them by the way, all ority lists of the State departments of VELOPMENT, TEST, AND EVALUATION ACTIVI- similar. So the fact is, our country is transportation. That was the amend- TIES.— (1) ADDITIONAL AMOUNT FOR RESEARCH, DE- in trouble right now. We are going to ment I was going to offer. I knew I was VELOPMENT, TEST, AND EVALUATION, DEFENSE- have a trillion-dollar—a trillion; that going to lose, but we ought to have the WIDE.—The amount authorized to be appro- is with a ‘‘T’’—deficit next year. We debate. priated by section 201(4) for research, devel- have $382 billion worth of documented The fact is the majority leader does opment, test, and evaluation, Defense-wide, waste and fraud every year in this Gov- not want us to have the debate. We is hereby increased by $171,000,000.

VerDate Aug 31 2005 23:35 Sep 10, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.019 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8232 CONGRESSIONAL RECORD — SENATE September 10, 2008 (2) AVAILABILITY.—Notwithstanding sec- Rogue nations, regardless of sanc- sile defense deployed that we need in tion 1002, of the amount authorized to be ap- tions or disarmament deals, continue this very dangerous world. propriated by section 201(4) for research, de- to pursue ballistic missile technology Again, this concept was first devel- velopment, test, and evaluation, Defense- capable of one day carrying nuclear oped by President Reagan when the wide, as increased by paragraph (1), amounts are available to the Missile Defense Agency weapons, and this poses an enormous Cold War was still raging, when the So- as follows: threat. On July 9 of this year, Iran viet Union was still our primary threat (A) Up to $87,000,000 for Ground Based Mid- tested nine ballistic missiles as part of in the world. Obviously, the world has course Defense for purposes as follows: their escalation in terms of military changed in fundamental ways since (i) To implement a rolling target spare. exercises and political rhetoric, and then, but it has only changed in ways (ii) To maintain inventory for additional they are a clear example of this threat that make missile defense even more short-notice test events. I am talking about. Currently, the important than ever before, because (B) Up to $54,000,000 for the purpose of United States has fully operational, de- the threat from rogue nations, from equipping two Aegis Class cruisers of the Navy with Ballistic Missile Defense Systems ployed missile defense systems that terrorist States, and from terrorist (BMDSs). can stabilize the region that Iran sits groups has grown enormously and mis- (C) Up to $30,000,000 for the purpose of re- in—the Middle East—but we need to sile defense is even more important in ducing the technical risk of the Throttleable make sure we have the full capability light of that growth. Direct and Attitude Control System to bring to bear to do this. In this situ- I urge all of my colleagues to come (TDACS) for the SM–3 Block 1B missile in ation, missile defense can stabilize a together in light of that on the eve of order to meet the needs of the commanders situation, can provide enormously im- September 11, on the eve of the seventh of the combatant commands as specified in portant defense for our country and for anniversary of that tragic attack on the Joint Capabilities Mix Study. our Nation. We must restore this $271 (3) SUPPLEMENT NOT SUPPLANT.—Amount our allies, and can avoid much more available under each of subparagraphs (A) widespread war. That is the reason 26 million, at a minimum, in this bill to through (C) of paragraph (2) for the purposes countries of NATO have fully endorsed the Missile Defense Agency. As I said, set forth in such paragraph are in addition to this missile defense plan, with a third the committee itself noted that the any other amounts available in this Act for site in Europe. It is the reason the Joint Chiefs report says the United such purposes. Czech Republic agreement on missile States needs about twice as many (c) OFFSET.—The amount authorized to be defense is valid and is moving forward. THAAD and Standard Missile 3 inter- appropriated by this division (other than the It is the reason why 11 Congresses and ceptors as the number currently amount authorized to be appropriated for planned. Yet the committee cut $411 Defense-wide procurement, and for research, 4 U.S. Presidents have moved forward development, test, and evaluation, Defense- on this important part of our national million from that missile defense budg- wide, for the Missile Defense Agency) is defense. The Vitter amendment No. et. We must restore at a minimum this hereby reduced by $271,000,000, with the 5280 will move that part of our national $271 million to continue to meet this amount the reduction to be allocated among defense forward in a significant way. vital need for our citizens’ safety. the accounts for which funds are authorized What does it do specifically? Specifi- With that, I yield to the distin- to be appropriated by this division in the cally, this amendment provides $271 guished Senator from Colorado. manner specified by the Secretary of De- million to the Missile Defense Agency The PRESIDING OFFICER. The Sen- fense. so that it responds to near-term—very ator from Colorado is recognized. Mr. VITTER. Mr. President, I urge near-term—ballistic missile threats to Mr. ALLARD. Mr. President, I come all of my colleagues, Democrats as well the United States, our deployed forces to the floor today to support Senator as Republicans, to come together on around the world, and our allies. This VITTER’s amendment to authorize the this important amendment to ensure amendment is fully offset within the additional $271 million which is fully that we have robust, full missile de- bill. offset—it is fully offset—to the Missile fense capabilities in this era of real The Senate Armed Services Com- Defense Agency. threat, real uncertainty from terror- mittee itself noted in its committee re- The importance of missile defense is ists, rogue nations, and others. port that the Joint Capabilities Mix increasingly crucial to the safety of Tomorrow is September 11. It will Study conducted by the Joint Staff the United States and our allies. The mark the 7-year anniversary of one of concluded that the United States needs United States must maintain the capa- the most tragic days in our Nation’s about twice as many THAAD and bility to respond to near-term ballistic history—a day in which 19 radical Is- Standard Missile 3 interceptors as the missile threats that present grave dan- lamic extremists believed their actions number currently planned. So we need ger to the United States, our deployed could cripple this great Nation. The twice as many as what is currently forces, and our allies. good news is that those 19 extremists planned. Yet, at the same time, the We know that rogue nations such as were wrong. Rather than cripple our committee unfortunately cut $411 mil- Iran and North Korea will have the ca- Nation, they focused our Nation on the lion from the budget of the Missile De- pability to use nuclear weapons. We threat we face. They brought our Na- fense Agency. This Vitter amendment cannot escape the fact that this wide- tion together with new resolve and would reinstate $271 million of that spread proliferation of ballistic missile with new strength. They gave our gen- cut. It would do that in four areas in technologies makes it increasingly pos- eration a new central and defining particular: sible for dangerous States and terrorist challenge to work to prevent any fu- Aegis cruisers. It would authorize $54 organizations to obtain and use them ture attacks, particularly on our soil, million to accelerate upgrade with an for harm. and to make sure that terrorists and additional two Aegis cruisers to equip We are in a crucial time in our Na- rogue nations never acquire weapons of it with ballistic missile defense sys- tion’s history and we should under- mass destruction. tems. stand the importance of defense of the As part of facing this clear and It would authorize an additional $100 homeland. I am frustrated that as present danger, the American public million for THAAD fire units 3 and 4 other nations continue to develop nu- understands that we need a robust mis- interceptor and ground component ad- clear programs, that as Russia has sile defense system. According to a na- vanced procurement. demonstrated a renewed capacity for tional poll released today by MDAA, 87 SM–3 Block 1B risk reduction. It aggression, that as China and North percent of Americans believe the would authorize another $30 million to Korea press forward on missile tech- United States should have a robust reduce SM–3 Block 1B schedule and nology, the Armed Services Committee missile defense system—the highest technical risks. cut more than $411 million from the ad- percentage of support ever recorded. Targets. It would authorize $87 mil- ministration’s request for the Missile The poll also showed that 58 percent of lion to implement a rolling target Defense Agency’s program. Americans believe there is a real spare and maintain minimal inventory The United States has worked hard threat from missiles carrying weapons to have full targets for our testing and to reach agreements with the Czech of mass destruction, and that missile production capability. Republic and Poland to establish bal- defense is a preferred option over pre- This is sorely needed so that we en- listic missile defense radar sites. This emptive military action. sure our citizens that we have the mis- was a monumental and important step

VerDate Aug 31 2005 23:35 Sep 10, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.001 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8233 in our efforts to protect the United ceives wide bipartisan support. I be- in charge of North Korea today, we States as well as our NATO allies from lieve there is bipartisan support for need to be concerned. We don’t even the growing threat by the proliferation this issue. know if the ‘‘dear leader,’’ or however of ballistic missiles. Radar will provide Let me discuss, first, a little about he is referred to, is still alive or is precision tracking of ballistic missiles what some of the near-term threats functioning as the leader of the coun- launched out of the Middle East and are. They are both from belligerent na- try. As a result, that country that has will be linked to other U.S. missile de- tions and, as we will see in a moment, nuclear weapons, other weapons of fense facilities in Europe and the one from a country in particular that mass destruction, and the means to de- United States. Cuts to our missile de- is not yet capable of communicating liver them by ballistic missiles that fense program simply undermine this appropriately with its forces, with the can even reach the United States ought progress and signals to NATO that the result that there is a threat of acci- to be a matter of concern for us. United States is backing away from dental or unauthorized launch. We Fortunately, the United States had our commitments to a European mis- sometimes forget that. We are con- made operational our first land-based sile defense. sumed with North Korea and Iran, and system just before the big July 4 This amendment will authorized $54 therefore we appreciate the fact that launch a couple years ago by the North million to accelerate and upgrade an we have to have some capability of pro- Koreans. We could have defended additional two Aegis cruisers to equip tecting ourselves and our allies from against that test launch had we had to with ballistic missile defense systems. potential threat from those countries. do so, but with very rudimentary capa- Admiral Hicks, program director for But one of the reasons President bility. The intelligence community Aegis BMD, recently stated the need Reagan first thought it would be a ‘‘deems that North Korea is nearly self- for additional Atlantic fleet ships for good idea to have a missile defense sys- sufficient in developing and producing defense of the United States, our allies, tem is, he said it is moral. Not only ballistic missiles and is willing to pro- and our deployed forces. does it give an alternative to massive vide them to existing and new cus- The amendment will authorize an ad- retaliation against an enemy, but it tomers.’’ Some of these are capable of ditional $100 million for THAAD fire also provides protection in the event reaching the United States. So you units interceptor and ground compo- there is an unauthorized or accidental have a real and growing threat from a nent advanced procurement. It will au- launch. country that is clearly not stable. thorize an additional $30 million to re- In the early days of missile develop- I mentioned China. It has for a long duce SM–3 schedule and technical risk. ment, that was not at all outside the time had the capability of delivering This is the premier missile defense co- realm of possibility. With what hap- weapons of mass destruction to the operation program with our Japanese pened to the Soviet Union when it United States with its ballistic mis- allies. And it will authorize $87 million broke up, that possibility was raised siles. There is an interesting new twist. for a target spare and to maintain again. Now, as we note in the case of The 2008 annual report on the People’s minimal inventory as contingency for China, developing sophisticated weap- Republic of China raises serious ques- additional short notice test events for ons, but without the infrastructure to tions about the potential for an acci- the Ground Based Midcourse Defense. control those weapons, there is again dental or unauthorized launch. This is This is Missile Defense Agency’s top the potential for an unauthorized or a nation which, by the way, is increas- unfunded priority. The SASC Com- accidental launch, not to mention the ing its arsenal of ballistic missiles. In mittee report notes that for some MDA situation with countries such as North addition to that, it has a very robust systems the Director of Operational Korea or Iran. We are not just talking program to modernize its nuclear Test and Evaluation requires addi- about a threat of belligerency but also weapon warheads. So it has the com- tional tests to prove out capabilities, the potential for an accident, and mis- bination of the warhead and improved which necessitates additional target sile defense, of course, is the primary capability. This report says China has sets. way of defense against an accidental problems communicating with its sub- There is no doubt that the United launch. marines at sea. This is very dangerous, States will continue to face missile Just to summarize briefly, there are with a navy that has no experience in threats. Missile defense is needed and now 27 nations that have ballistic mis- performing strategic protocols of the should have been made a priority of sile capability. We tend to think of kind Russia and the United States have this committee and by this Senate. I Russia, China, North Korea, Iran, and performed for years. What’s more, the thank Senator VITTER for bringing this maybe a few other countries, but 27 na- land-based strategic missile forces amendment to the floor, and I urge this tions have ballistic missile capability, ‘‘face scenarios in which missile bat- Senate to vote yes. and the knowledge to build and use teries use communication links with The PRESIDING OFFICER. The Sen- them is proliferating rapidly. Much of higher echelons and other situations ator from Arizona is recognized. this is because countries such as North that would require commanders to Mr. KYL. Mr. President, I, too, very Korea are willing to sell missiles, such choose alternative launch locations.’’ strongly support the amendment of- as the Scud which Iraq used, and they The bottom line is, whatever you fered by Senator VITTER. This is an then develop their own types of mis- think about a potential threat from an amendment that restores only part of siles with that technology. But there enemy, you have to be concerned about the funding that was cut from the mis- are 27 countries. We will not be able to protecting against an accidental or un- sile defense programs—only $270 mil- put that genie back in the bottle. Talk authorized launch. Missile defense is lion of the $411 million that was cut— about Iran. the way to do that. As a result, I hope and it is targeted to very specific Some people say, well, the launch of those folks who say, well, China isn’t things that have near-term applica- all of these missiles earlier this year an enemy of the United States today, bility, and that enables us to do more they took pictures of and then doc- would at least acknowledge while that testing, which has been the only criti- tored the pictures might have been may be true, it is also true it has the cism of which I am aware of the Missile clumsy and didn’t demonstrate new capability of harming the United Defense Program—that we need to do technology. It did demonstrate that States accidentally or in an unauthor- additional testing. Part of this money, Iran wants to be part of the club of na- ized fashion, and missile defense is our as I will discuss in a moment, gives us tions with ballistic missiles and weap- only way to protect against that. I the ability to conduct some of those ons of mass destruction capability. think it would be an awful situation if tests. They have that capability. There is no something like that were to occur and So the key point is, we are talking question they have it. The only ques- the United States Congress would be about near-term ballistic missile tion is, how far beyond Israel does its asked by our constituents: Did you all threats to the United States. This isn’t capability currently go? know about this? some long-term, pie-in-the-sky propo- As the latest IAEA report informed Well, yes. sition. It would assist both our allies us, the Iranian missile threat is real Did we have the ability to do some- and also U.S. forces deployed abroad as and growing. I mentioned North Korea. thing about it? well. It is common sense. I hope it re- With the difficulty of knowing who is Yes.

VerDate Aug 31 2005 23:35 Sep 10, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.021 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8234 CONGRESSIONAL RECORD — SENATE September 10, 2008 How much did it cost? additional missiles and then cut the armor. Think about getting the V- Not all that much, as these numbers items out. I understand the committee shaped hulls of MRAPs that are so re- reflect. has a lot of different constraints, dif- sistant to the improvised explosive de- And you didn’t put into place a pro- ferent needs, and it is difficult to sat- vices they run over on the road and gram to protect us against that? isfy everybody. You have to cut some- that are saving marines’ and soldiers’ I think we ought to put this program where. But I think my colleagues lives. Ask any commander in Iraq or into effect. I support the amendment of would agree that the relatively modest Afghanistan what are their high prior- the Senator from Louisiana. increase that the Vitter amendment ities. Ask the commanders if THAAD, Let me describe again what specifi- provides is for very specific things, rec- which is an intercept that can be cally is in the amendment to assure ognized by the committee itself, recog- launched from a mobile launcher, is an our colleagues that this is not some nized by the combatant commanders, important program to them to inter- massive expansion or pie-in-the-sky as needed. There is nothing new here or cept an incoming intermediate-range proposition. It authorizes funding, nothing that is pie in the sky. These missile and you will get a quick answer first, for the advanced procurement of are things that are required. We need from those military-area commanders two THAAD fire units. That is the ter- them now. that is what they want. minal high altitude area defense, the With regard to the testing, if the That is the philosophy we have tried near-term threat—our capability of criticism is that we need more tests, to adapt in this bill and at the same meeting that threat. this provides funding for those tests. time allow national missile defense re- Second, risk reduction for the devel- Mr. President, it is a commonsense search to continue but recognizing opment of an advanced version of the amendment. It is limited. It is all there are other priorities besides na- SM–3 missile—that is kind of a stand- backed up; all of the requirements are tional missile defense. So we just took ard critical missile in the U.S. inven- fully supported. I urge my colleagues a de minimis cut out of a $9.3 billion tory—additional target sets to respond to support this amendment. There is a request by the President. That is what to additional testing requirements set lot going on in this world. Unfortu- all of this flap is about here: Is na- by the Defense Department’s Director nately, when you are doing something tional missile defense going to have a of Operational Test and Evaluation. as complex as developing missile de- minor cut so that we can do some of Frequently, the concern is expressed: fense systems, there is a long lead these other priorities for protecting Well, we should not be moving forward time. It takes a lot of technology and our troops and satisfying their com- with missile defense programs because testing and so on. So you cannot wait manders’ requests? That is what all we have not adequately tested yet. until the last minute to put this into this is about. These are, of course, programs that effect. That is why this should be car- The Vitter amendment proposes to have been tested a lot. They are the ried forward in the authorization for cut $271 million from the rest of the near-term threats. But to the extent this year’s defense programs. Defense Department and add it to the I commend the committee for its that the Department’s Director indi- Missile Defense Agency. This is not work. It basically acknowledged the cated there are additional tests that funding that the Defense Department need for these things. I appreciate that could be done, this provides the target has requested. These are programs that it sometimes has to make cuts. I ask sets for those tests. You cannot con- are fully funded in our Armed Services my colleagues to recognize this is an duct the tests without it. For those Committee bill. But this amendment area in which we cannot afford to try who criticize the program for not hav- would give the Secretary of Defense an to do it on the cheap. Therefore, I urge ing enough tests, this is the sine qua extraordinary and unwarranted power; my colleagues to support the Vitter non for getting tests done. You have to that is, the power to cut any items in support this. amendment. The PRESIDING OFFICER. The Sen- the defense budget that the Congress is The amendment also authorizes fund- putting in here in order to pay for this ing to accelerate upgrades of two addi- ator from Florida is recognized. Mr. NELSON of Florida. Mr. Presi- increase in an already flush national tional Aegis cruisers to equip with the dent, I want to respond to the Senator missile defense budget we have pro- ballistic missile defense systems. This from Arizona, who is my friend. But I vided. is something that I think virtually ev- want the Senator to understand that As the chairman of the Strategic erybody in Congress, and certainly at the committee did not cut THAAD nor Subcommittee, I can tell you that we the Pentagon, is supportive of—the the Aegis. To the contrary, the com- have some of the Nation’s most sophis- ability of the Aegis cruisers to carry mittee raised, for the very reasons the ticated weapons systems, many of this defense to other parts of the globe Senator from Arizona said—that we which we cannot even speak about here so that it can more readily respond to need more THAAD for our area com- because of their classification. This is a launch. This would be the perfect manders—we raised that $115 million, not a good allocation of priorities. way of responding to that accidental as well as the Aegis ballistic missile I don’t think we would want to give launch I mentioned. defense. We raised that $100 million the Secretary of Defense the authority Admiral Hicks, the program director from what was requested. So let’s to ignore the will of Congress. for the Aegis BMD program, stated the make sure we know what we are talk- For example, would we want the Sec- need for additional Atlantic fleet ships ing about. retary of Defense to be able to go in to keep a presence there as well. That Mr. President, what this all boils and, in order to fund this amendment, would defend against a threat from a down to is the National Missile Defense cut body armor or would we want him country such as Iran. The Armed Serv- Program is requested by the adminis- to be able to go in and cut what the ices Committee, in its report accom- tration for $9.3 billion of authorization commanders in Afghanistan now are panying the bill, stated the joint capa- in this bill. In essence, this whole argu- begging for—more of these V-hulled ve- bilities mixed study, conducted by the ment is that the committee has pared hicles, which replace the humvees, that joint staff and combatant commanders, back that $9.3 billion request by $400 are saving our boys’ and girls’ lives concluded that the United States needs million. called the MRAPs? Of course, we don’t about ‘‘twice as many THAAD and That is what all this argument is want that. standard missile interceptors as the about. It is an attempt to increase Would we want the Secretary of De- number currently planned.’’ This back that funding of a de minimis cut fense to have the authority to go in doesn’t by any means fulfill that entire in a $9.3 billion program. Given all the and cut $271 million from the $430 mil- requirement, but it lays the foundation other requirements we have in the U.S. lion in the bill for sustaining the Joint for doing so. I think that is another Government and given all of the other Strike Fighter, its alternate engine critical reason for this amendment. requirements we have in the Depart- which the Department supports? Of As I said, the committee cut $411 mil- ment of Defense, should we have a course, we wouldn’t want to give the lion from the budget of the Missile De- modest decrease from the President’s Secretary power to do that. fense Agency to procure these systems. request of $9.3 billion in 1 year? Would we want to give the Secretary I don’t understand why the committee I suggest that there are so many the power to go in and totally wipe out would both acknowledge the need for other demands. Think about body the additional $118 million we provided

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.023 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8235 in this bill for operating a full B–52? amendment, would have that author- going to assume the Secretary is going The Department opposed that. Would ity. to make irresponsible decisions about we want to give the Secretary the abil- The Vitter amendment would not where he would get the money. Some of ity to override the will of Congress to make any choices about where the ad- the items the Senator from Florida do that? ditional money to provide for this plus- mentioned—MRAPs and body armor— How about the F–22, the most sophis- up to an already rich and robust na- are not in the program from which the ticated fighter aircraft? Would we want tional missile defense budget would Secretary could get the money to off- to give the Secretary of Defense the come from. This amendment would not set this $271 million. So that is not a power to go in and cut half of the $500 make any choices about where that ad- response. million we have provided in this bill ditional money would come from. So Finally, those people who support for advance procurement of the F–22? I what it says is that this $271 million in these requirements, those of us who don’t think we would want to do that, additional funding for missile defense, have supported the Vitter amendment, but that is what we would do, is give programs that we have either fully take some exception to the reference the Secretary the power to do that if funded at the level requested by the to this amendment as an ideological this amendment is adopted. Pentagon or increased in our com- amendment. If it is ideological, then Would we want to give the Secretary mittee bill by $215 million—that pro- the committee’s report is ideological the power of reducing the Army budget gram is so important that the Sec- because we are quoting from the com- request of $512 million for the Patriot retary of Defense could cut any other mittee report and saying we would like missile? Talk about countries and al- funding program in the Pentagon to to fulfill the requirements which the lies and force protection for our own pay for it. I don’t think that is a re- committee report said existed and troops of incoming warheads—the Pa- sponsible way to go. which the committee did not fully triot missile is a quick-reaction missile This Senator, as the chairman of the fund. If that is ideological, so be it. If that intercepts those incoming missiles Strategic Subcommittee, will oppose that is intended to be a pejorative on our troops in a theater. Would we the amendment. It is my hope that term, I take exception to it. If it is ide- want to cut the increase we provided in Members on both sides of the aisle, ological to protect the American peo- this bill? This amendment would give members of the Armed Services Com- ple from an accidental or unauthorized the Secretary the power to do that. mittee, will support the committee launch of a ballistic missile, then I Would we want to eliminate the pro- product. guess maybe my position would be ide- posed addition of $170 million for ad- Mr. President, I yield the floor. ological. vance procurement of another amphib- The PRESIDING OFFICER. The Sen- I call it common sense to try to re- ious ship called the LPD–17? I don’t ator from Arizona. store some of the $411 million that was think that is what we want to do, but Mr. KYL. Mr. President, let me re- cut for programs that the military says that is what this amendment is going spond to a couple of points that were it needs, the commander who says he to do, all under the ideology that we made, and then Senator VITTER wishes needs the additional Aegis cruisers, for haven’t provided enough for national to make some additional comments. example, the additional SM–3, the addi- missile defense. But we have provided The Senator from Florida suggested tional THAAD missiles that are need- almost $9 billion in this bill for it. that I have said that THAAD was cut. ed. It seems to me that you can argue We have to set priorities and we have I don’t believe I said that. What I did over whether, in view of all of the pri- to allocate for programs that we want was quote from the Armed Services orities, this is a priority that should be to make sure are there for the protec- Committee in its report on this bill in funded, but you cannot say it is not a tion of our troops and our allies, and which it is stated that the Joint Capa- priority or that the committee and the that is what we tried to do. Didn’t we bilities Mix Study, conducted by the military don’t believe it is important have a unanimous vote coming out of Joint Staff and combatant com- or that it somehow is ideological when the committee for all of these prior- manders, concluded that the United the committee and the Pentagon and ities? We did. So why do we want to States needs ‘‘about twice as many the Navy, in the one case, for example, suddenly change the unanimous, bipar- THAAD and Standard Missile-3 inter- have all said these are items that need tisan support of the Senate Armed ceptors as the number currently to be done. Finally, with regard to those people Services Committee to adjust all of planned.’’ who say: Well, we never have enough these priorities? Why would we want to My point was that by what the Sen- testing, we are trying to respond to change that? Because there are some ator from Florida calls a de minimis that criticism by saying: All right, in people who say ideologically we want and minor cut of $411 million—I guess order to have tests, you need the equip- to pour more and more money into na- only in the Senate could someone con- ment for the test. Part of what this tional missile defense. Isn’t $9 billion sider $411 million de minimis money. amendment does is to restore funding enough for 1 year? That is a lot of money, and it is taken for those items. This Senator respectfully requests out of the Ballistic Missile Defense The PRESIDING OFFICER. The Sen- that the Senate listen to reason and Program. I guess what the Senator was ator from Florida. common sense in the allocation of pri- saying is that cut doesn’t hurt the Mr. NELSON of Florida. Mr. Presi- orities. The committee recommends al- THAAD Program or the Aegis Pro- dent, I would say to my good friend ready—as I stated to Senator KYL, we gram. The committee referred to the from Arizona, first of all, recognize have added $215 million for THAAD, study which said we need twice as how much we have spent on national which is the terminal high-altitude many THAAD and Standard Missile-3 missile defense. We have spent over aerial defense which commanders are interceptors, and part of what this add- $150 billion on national missile defense. requesting, and we have also added back does is enable the military to ac- In this 1 year, the request is $9.3 bil- that total amount of money, including quire some more of those missiles. lion, of which the committee felt like the Aegis Ballistic Missile Defense Pro- I didn’t suggest they had cut it. What there were other priorities for $400 mil- gram, which is launched from a ship I said was they didn’t meet the require- lion of that. That is a reduction of only and is very effective for incoming war- ment they themselves identified in the 4.2 percent in a program that has spent heads. committee report, and one of the $150 billion—$150 billion—to date. Now, We certainly agree there are poten- things the amendment does is add that is a de minimis cut when you have tial threats from North Korea and money for those two items. so many other priorities in the budget places such as Iran, but those threats The other two points I would like to of the Pentagon. are generally in the neighborhood of make are these: I yield the floor. where they are. That is why Aegis from No. 1, we provide that the Secretary The PRESIDING OFFICER. The Sen- a ship is so effective, and that is why of Defense does have the ability to fund ator from Louisiana. THAAD from a mobile platform is so this out of some programs. The Sen- Mr. VITTER. Mr. President, if I could effective. We have plussed up those ator from Florida says this is extraor- also respond briefly, again, I simply programs. They shouldn’t be cut. But dinary power. No, it isn’t. This is the disagree with my distinguished col- the Secretary of Defense, under this way it is frequently done. And I am not league from Florida that $411 million is

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.025 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8236 CONGRESSIONAL RECORD — SENATE September 10, 2008 pocket change, de minimis, doesn’t said, it doesn’t have the communica- I would add this gets down into the make a difference. It will make a dif- tion capabilities it needs to match the weeds, but since a lot of this is very ar- ference in terms of missile defense, our enormous force and strength of its cane, there are some additional con- capability, and the defense of the military. So there are real threats and cerns regarding the Vitter amendment American people. real possibilities of accidental or unau- that I will mention for the record. The It is important to restore a good part thorized launch. amendment proposes an additional $87 of that, and specifically this amend- The best example, the most worri- million for targets, for flight tests. But ment proposes restoring $271 million. some example of all, is Iran. We debate, those funds would, instead, go to the That is real money. It makes a real dif- with increasing frequency, the choices Ground-Based Midcourse Defense Pro- ference. And in today’s world of threats we may have to make, sooner rather gram. That is in the wrong place be- such as North Korea and China and than later, in terms of Iran’s march to cause the targets program is managed Iran, this is a top defense priority. be a nuclear power. Whatever we think in a totally separate office. So any ad- Secondly, I appreciate the Senator’s about what measures we should con- ditional funds for targets should go to support of very crucial systems. He is sider, nonmilitary as well as military, the test and targets funding line, not exactly right, they are bottom-line however we come down on that very to the Ground-Based Midcourse De- crucial systems such as THAAD and difficult issue, certainly we should all fense Program. Aegis. But again, the committee didn’t agree that having a robust missile de- I said this is in the weeds, but we cut those programs. It put some more fense system is something that is use- have to get in the weeds to talk about money into those programs but not ful and important to have in that sce- how this amendment is flawed. enough to meet the need that the com- nario on the military side. Certainly, Another example is the proposed $54 mittee itself recognized. In fact, even that is better than simply being more million to convert two Aegis cruisers this Vitter amendment doesn’t get us limited to offensive-only capabilities, to the missile defense configuration. the whole way there. The committee only the capability to take preemptive Well, the Navy doesn’t plan on doing itself recognized, citing reports of the action. Certainly, we can all agree it is two such cruiser conversions, and this Joint Chiefs, we need about twice as better to have that robust missile de- amendment might be a problem for the many THAAD and Standard Missile-3 fense capability rather than purely of- Navy. It is better to simply refer to interceptors as the number currently fensive or preemptive capabilities. ‘‘ships’’ rather than cruisers. In any planned. The committee’s bill doesn’t So with North Korea and China and event, we should get more information get us there. In fact, even this Vitter Iran, this is very practical. This is set- before we authorize something where amendment doesn’t get us fully there, ting the right priorities in terms of we don’t know what we are doing. but it goes much further down the line looking around the world and under- Additionally, the amendment would in terms of getting us there, in terms standing a wide array of very worri- propose $30 million for technology risk of immediate near-term needs, such as some threats. And $411 million is real reduction to one component of the THAAD, such as Aegis. I agree with the money. We don’t restore all of that. We Standard Missile-3, called the Throt- distinguished Senator from Florida, restore $271 million. It goes to specific tling Divert and Attitude Control Sys- those are crucial programs with real uses that, again, will help advance im- tem, pronounced TDACS. Well, rather near-term impact. portant systems such as THAAD and than put all those funds into this one Third, all the possible offset cuts Aegis toward the full capability the piece of the Standard Missile-3, it that the distinguished Senator from committee itself recognized and that is would seem like it would be better— Florida mentioned are not allowed fully offset and paid for within the bill. and this is according to the Missile De- under this amendment. Every example Mr. NELSON of Florida. Mr. Presi- fense Agency—it would be better to he gave cannot be used as an offset cut dent, I wish to respond to the Senator provide funds for the overall Standard under this amendment. Under this from Louisiana, but I would first like Missile-3 Development Program. That amendment, this $271 million can only to ask unanimous consent that after would be doing a lot more good than be offset with cuts to defense-wide ac- my response, the majority leader have the proposal in this amendment. counts, not program-specific accounts, time as in morning business. So I think even down in the weeds not service-specific accounts. There- The PRESIDING OFFICER. Without there are a lot more objections to this fore, every one of those examples was a objection, it is so ordered. amendment. program-specific account, was a serv- The Senator from Michigan. I yield the floor. ice-specific account and can’t be cut, Mr. LEVIN. Mr. President, is my un- The PRESIDING OFFICER. The ma- will not be cut. We are talking about derstanding correct that we will then jority leader. broad defense-wide accounts, such as return to the Vitter amendment? I ask AFGHANISTAN administrative accounts, O&M ac- unanimous consent that we then return Mr. REID. Mr. President, I deeply ap- counts. I appreciate the Senator’s con- to the Vitter amendment. preciate the Senators engaged in the cern, but those specific examples can- The PRESIDING OFFICER. Without debate on the amendment offered by not come to pass. Those programs can- objection, it is so ordered. Senator VITTER allowing me to step not be cut. Mr. NELSON of Florida. Well, Mr. forward and give a speech. I have been Fourth and finally, I agree with the President, I wish to respond, but all I looking for an opportunity to do this. I distinguished Senator from Arizona. can do is read the amendment of the traveled in August to Afghanistan with This isn’t an ideological amendment. Senator from Louisiana. a bipartisan Senate delegation. I re- This is a practical amendment in de- On page 4, starting at line 6: member a lot of things about that trip, fense of the American people. When we The amount authorized to be appropriated but probably the most stunning was a look around the world today, in a very by this division . . . is hereby reduced by statement made by Ambassador Wood, dangerous time, with all sorts of new $271 million, with the amount the reduc- the American Ambassador to Afghani- looming threats, this is bottom-line tion— stan. He said you could take Afghani- practical. The three examples the dis- And it goes on to say— stan, pick it up and move it to the tinguished Senator from Arizona gave to be allocated . . . in the manner specified poorest country in all of Africa, and are perfect examples. North Korea, by the Secretary of Defense. the African country would say: Now, with nuclear capability, with ballistic What do the words ‘‘this division’’ in that is really poor. missile capability. It is very practical his own amendment mean? It means Afghanistan is very poor. I have had to make sure we have a robust defense everything in the Pentagon, the De- the good fortune, in my many years in against that very unpredictable coun- partment of Defense spending, minus Congress, to travel to many places in try in a time of dangerous leadership military construction. So when he says the world. I have seen some very eco- transition. the amendment would not allow the nomically depressed areas, but Afghan- China, as my colleague from Arizona Secretary of Defense, at his discretion, istan is the topper. said, is a power that is coming into its to cut all these things I have listed, During my trip to Afghanistan, I met own, but there are real dangers there that is incorrect. That is what the with general officers, I met with because, as the Senator from Arizona amendment says, as it is drafted. troops. We traveled to Kyrgyzstan, to

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It was during his reign—and that is what it their courage and determination to win awful what this group of people did to was in Iraq—there were no terrorists the fight against the Taliban and the women. These people, hopefully, see there. Afghanistan is a far larger coun- terrorists. the light and will not have to go back try than Iraq, with a larger population I learned a lot about Afghanistan, to that day. and far, far more difficult terrain. Yet but one thing in particular I learned The courage of our troops and the Af- today we have about 34,000 American about is the terrain. Oh, is it moun- ghan people was inspiring to me, but I troops in Afghanistan and about 150,000 tainous. High mountains. was reminded of the difference the in Iraq. I attended a funeral not too long ago United States has made by aiding in Afghanistan is much poorer than in Boulder City, NV, because a young the fight against this Taliban. But Iraq. I have explained to the Presiding Navy SEAL by the name of Eric there is another conclusion you cannot Officer and those listening how impor- ‘‘Shane’’ Patton was killed in Afghani- avoid if you go to Afghanistan. The tant that is, according to Ambassador stan. When I attended the funeral, I progress I saw is being undermined by Wood. It may not be the poorest coun- didn’t understand the full implications the security situation that is deterio- try in the world, but it is right up of what this young man and the SEALs rating day by day. there. Yet the money we have spent in who were there with him—who served I returned home more convinced than Afghanistan is a small fraction of what with him and trained with him—had ever that the greatest threat to our na- we have spent in Iraq—approaching $1 gone through. But there is a book out, tional security lies in Pakistan and Af- trillion in Iraq. Afghanistan is the and I would recommend it to everyone. ghanistan. These places must be our home of al-Qaida, home of the Taliban, Every Senator who is interested at all central focus on the war on terror. the central front of the war on terror. in what is going on around the world Today, 1 day from the seventh anniver- Yet there are 41⁄2 times as many troops and loves history should read this sary of the most violent terrorist at- in Iraq, and we have spent huge book. It is called ‘‘The Lone Survivor.’’ tack ever to take place on American amounts more money in Iraq than Af- Shane Patton is one of those who soil, the mastermind of the attack, ghanistan. didn’t survive. As I indicated, I better Osama bin Laden, is still free. For all The result of this, the Republican appreciate now what the SEALs were the tough rhetoric of the Bush admin- failure led by President Bush, is clear. doing there and why and how Eric istration of chasing bin Laden to the After a drop in violence early in the ‘‘Shane’’ Patton was killed. gates of hell—he has been joined in war, the Taliban came back with a I knew his family. I was from a that by Senator MCCAIN—the Bush ad- vengeance in mid-2006. By that time we neighboring town. I went to a high ministration has failed to put the nec- didn’t have enough troops on the school in a town called Henderson, NV, essary resources and manpower in the ground to respond. The troops needed where his great-uncle Charlie and I hunt for America’s No. 1 enemy. We were competitors athletically, football were 1,500 miles away. This is not just HARRY REID giving an and baseball. I remember very clearly had him trapped in a place called Tora anti-Bush speech. The commander of the funeral, after having been to Af- Bora, but our eyes were taken off that. American forces in the region, the No. ghanistan. Troops were taken out of Afghanistan We didn’t spend all of our time with and sent to the unnecessary war in 1 man, ADM William Fallon, put it this the troops. We traveled to other parts Iraq. way in January of this year: of the country. One part of the trip President Bush has rightly said the Back in 2001, early 2002, the Taliban were took us to a vocational school where war on terror is about more than just pretty much vanquished. young Afghani women and men were one man. Yet 7 years after 9/11, the Just what I said. He continued: receiving training in computers, President has allowed that group called But my sense looking back is we moved English, car repair, and other skills so al-Qaida to regroup in its safe haven in focus to Iraq, which was the priority from they could pull their families and their Pakistan. And in Afghanistan, the sad 2003 on, and the attention and resources fo- cused on a different place. country out of poverty toward a fact is that the Taliban, the brutally brighter day. I can remember, I went to oppressive regime that housed bin That is what Admiral Fallon said, the back of the room and there were Laden and al-Qaida, is on the rise, at- and that is what I have said in my re- some young women there. I don’t know tacking our troops and innocent Af- marks prior to this quote. With re- how old they were, but they were ghan civilians. So we must be clear- sources focused on a different place, young. They were teenagers or maybe eyed in the realization that the same Admiral Fallon said, here is what we in their early twenties. I talked to people who attacked us then continue are now seeing. In July, nearly twice as them. Some of them spoke fairly good to regain strength and threaten us many U.S. troops were killed in Af- English. now. ghanistan as in Iraq. June was the sec- One girl wouldn’t talk to me. When I This dire situation could have been ond deadliest month in Afghanistan for asked a question, she would write avoided. When President Bush took us coalition and U.S. troops since the things on the palm of her hand. It was to Afghanistan following 9/11, Demo- start of the war. In eastern Afghani- not because she couldn’t talk. It was crats, our country, and the world stood stan, attacks on coalition troops in- just she was not used to being out, I with him. We knew it was a fight that creased by more than 40 percent over guess, with men, in public places. They we must wage and we must win. But the first 5 months of the year. Roadside are so happy to be able to be out of the after a series of military victories the bombings have increased. Opium pro- clutches of the Taliban and learning President lost focus and turned, in- duction is up. something. stead, to an ill-conceived war in Iraq. Mr. President, 93 percent of all the Despite the years of chaos and blood- With the job unfinished in Afghanistan, world’s opium is produced in Afghani- shed, despite many families being torn the President devoted our troops and stan—heroin. Coincidentally, right be- apart by this war, the young people I treasure to another battlefield. fore we had our break, before I went to met there were brimming with hope, Predictably, with the focus shifted, Afghanistan, I received a call from a for lack of a better description. Seeing the Afghan people joining with us woman. I, of course, recognized her these young men and women study to- found no one at their side. The progress name. Her former husband was the first gether I was reminded of the difference in Afghanistan began to go backward, criminal client I ever represented. I the United States had made by aiding with neighborhoods once reclaimed was appointed by the court to rep- their fight against the Taliban. from the enemy becoming battle- resent this indigent. I walked into that One of my long-time Nevada friends, grounds once again. The reason for this jail and looked through the bars and Harriett Trudell, who worked for me failure is no mystery. No matter how here was this man. He should have been

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.027 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8238 CONGRESSIONAL RECORD — SENATE September 10, 2008 in the movies, not in jail—handsome. him after the coup. We went there and the weight of an enemy we failed to de- His name was Gregory Torres, Humbert we met with him. Obviously, all the stroy. Gregory Torres. He put his wife talking to him by us and others did not The military, our military, has ex- through hell. They had a little baby. do a lot of good because what President pressed to me how impressed they are She was a showgirl in Las Vegas, also Bush did was place everything on this with the Afghan fighters. They do not as beautiful as he was handsome. She one man. It was a fatal and avoidable— leave battle. They are ready to fight. called me to tell me he had died. I rep- certainly an avoidable—blunder. So I hope in the coming months, our resented him in the 1960s. He survived, Musharraf did not implement democ- courageous, overworked, overstretched, in and out of prison; off of heroin for racy, did not uphold human rights, and overstressed troops can continue to short periods of time, but it is an ad- did not stop the terrorists operating in- hold off the enemy. I am confident they diction that is very hard to fight. side Pakistan’s borders. He fired all the will. They will do it without the full Mr. President, 93 percent of the stuff judges. American dollars meant to resources and manpower necessary to used to create hell in people’s lives fight terrorism were wasted, the Paki- complete the mission, which is too bad. comes from Afghanistan—heroin. We stani people suffered, and the United I hope the American people have the have to do better than that; 93 percent States lost credibility with them for wisdom to choose a leader who will of the world’s opium is produced in one supporting a dictator who did not want take the war on terror back to the ter- country. to uphold their basic human rights. rorists and look the Afghan people in President Bush’s failures in Iraq and Because of President Bush’s failed the eye and say that help is on the Afghanistan have had consequences be- approach to Pakistan, we now have way. yond the borders of those two coun- seen al-Qaida regroup within its bor- I suggest the absence of a quorum. tries. This morning, the bipartisan ders. According to the declassified key The PRESIDING OFFICER (Mr. American Security Project issued a re- judgments of the National Intelligence SALAZAR.) The clerk will call the roll. port noting that attacks by violent ter- Estimate of July 2007 entitled ‘‘The The assistant legislative clerk pro- rorist groups around the world are at Terrorist Threat to the U.S. Home- ceeded to call the roll. an all-time high. This is without the land,’’ al-Qaida has ‘‘protected or re- Mr. INHOFE. I ask unanimous con- terrorist attacks in Afghanistan and generated key elements of its Home- sent that the order for the quorum call Iraq. Their report also notes that land attack capability, including a safe be rescinded. ungoverned spaces continue to provide haven in the Pakistani Federal Admin- The PRESIDING OFFICER. Without sanctuary for terrorist organizations, istered Tribal Areas.’’ objection, it is so ordered. including Afghanistan, east and north The intelligence agencies reiterated Mr. INHOFE. Mr. President, I regret Africa, and Somalia. Yesterday Presi- this a few weeks ago, saying that al- that we had hearings all morning in dent Bush had one last chance to Qaida ‘‘has maintained or strengthened the Environment and Public Works meaningfully change the strategy and key elements of its capability to at- Committee on another crisis; that is, begin to reverse all these backsliding tack the United States in the past we are going to have to do something trends, but he chose not to do so. He year.’’ about the trust fund to get it jarred chose to stick with the status quo and During our time in Afghanistan, from loose before we can get out of here. not make the significant changes that our meetings with President Karzai to There is going to be a serious problem were necessary. Unfortunately, we our meetings with American generals, in the Nation’s infrastructure, and it have seen no reason to believe a JOHN one message was clear: We cannot solve was necessary that I be there. However, MCCAIN Presidency would offer any the problem in Afghanistan without I regret that I missed the discussion of break from the failed Bush foreign pol- solving the problem in Pakistan. the Vitter amendment. icy. Those concerned with the writing of Many members of the Armed Serv- For all his talk about listening to our history books will have ample op- ices Committee are very concerned commanders on the ground, George portunity to delve into the Bush fail- about the ability of the missile defense Bush—and JOHN MCCAIN—are dan- ures in Iraq, Afghanistan, and Pakistan system. Some of us have been around gerously deaf to the calls of our com- in far greater detail than I have done long enough to remember back in the manders in Afghanistan. Listen to in these brief remarks. The historians Reagan administration when this what Admiral Mullen said—Admiral will note that on George Bush’s watch whole thing started. At that time, Mullen, not Fallon. Here is what he the Taliban grew stronger, running there was an attempt to denigrate the said in addition to what Fallon said. their operations from terrorist bases threat that was out there, calling it Fallon said, back in 2001 early 2002: inside Pakistan. Star Wars and other things. But, in The Taliban were pretty much vanquished. They will note, the historians, that fact, the problem was very real. It took But my sense looking back is that we moved under George Bush’s watch, al-Qaida a lot of vision. That administration set focus to Iraq, which was the priority from 2003 on, and the attention was on a different regrouped, ready to carry out other at- about to give us the capability that we place. tacks against our great country. They would need, when the need was there. Here is what Admiral Mullen said, will note on George Bush’s watch, our We were pretty much on course. also one of the leading commanders of national security was jeopardized, and Missiles have become a key compo- the American military: the threats that led to the attacks in nent to the militaries of many coun- tries now that were not a problem back I have made no secret of my desire to flow 2001 are as grave if not graver in 2008. more forces, U.S. forces, to Afghanistan just So our job in Congress is not to do at that time. Our enemies are advanc- as soon as I can, nor have I been shy about the job of the historians, but to answer ing their ability to reach out and hit saying that those forces will not be available one question: Where do we go from us, our allies, and our forward-deployed unless or until the situation in Iraq permits here? President Bush gave his answer forces in a devastating way. We have a us to do so. . . . to that question yesterday. His answer different threat now than we had at We know today that no more than a was: We do not go anywhere. We stay one time. People are now aware of it. token shift of troop levels will take exactly where we are. I can recall that I disagreed with place until we have a new President, a JOHN MCCAIN has made it clear that President Clinton when he took a lot of new President committed to winning he stands in place with George Bush. the money out of the national missile the war on terrorism by fighting the So with due respect to President Bush defense system. I think it was the 1996 actual terrorists, not creating war but and Senator MCCAIN, the status quo Defense authorization bill he vetoed. winning war. That will require a new has failed. They are out of touch with The veto message said that we are approach to Iraq, Afghanistan, and the realities and ramifications of our spending too much money on a threat Pakistan. We have seen in Pakistan a efforts in Iraq, Afghanistan, and Paki- that is not out there for the foreseeable dangerous approach by this adminis- stan. period. Now I think we realize this tration, placing all of our bets on one I saw in Afghanistan a people eager, problem is there. man, General Musharraf. desperate, and ready to lift their coun- This is a complicated subject. One of Senator Daschle and I were the first try to democracy, equality, and eco- the problems we have—and I have this two American elected officials to meet nomic opportunity, but held down by with a lot of my conservative friends—

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.028 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8239 is that people will look at it and say: be any doubt that these countries tional funds to above the administra- We don’t need to have all this redun- would actually use them. The only way tion’s request. dancy in a missile defense system. to deter that is to have a defense sys- I would like to go through these one Right now, we are talking about the tem. by one. boost phase, the midcourse phase, and I think it is wise for us—and I think For the THAAD system, the adminis- the terminal defense segment. In these all of America agrees that the threats tration’s budget requested $865 million. areas, we need to have at least two ca- are out there; we need to have the ca- The committee bill, approved by all pabilities such as the airborne laser pability of deterring when it comes committee members, added $115 mil- and the kinetic energy booster in the in—that we do what is necessary to lion. boost defense segment. So people who meet that test. We have relied upon the The Targets Program, which provides say that perhaps we don’t have that experts in the Missile Defense Agency targets for flight tests, the budget re- need and that it is redundant don’t and those of us who have studied this quest was $665 million. The Armed think of the consequences. to determine what it should cost. Mak- Services Committee fully funded the As tragic as 9/11 was, I am sure all of ing a mistake here is not like making administration request. The Vitter us have thought about what could have a mistake in some other area. If we amendment adds money the adminis- happened or what could have been or make a mistake here and are incapable tration is not requesting. The adminis- might have been prevented as a result of knocking down something that is tration is not requesting the money of the increase in some of our collec- coming into a populated area, that is a that the Vitter amendment adds to the tion systems to prevent a missile from disaster that is beyond description. As committee bill. coming in. We know countries have tragic as 9/11 was, multiply that by 100 Next, the Aegis BMD Program, the missiles. They have weapons of mass or whatever it might be in the case budget request was nearly $1.2 billion. destruction, and they have delivery that we don’t stay on course. The committee bill would authorize an systems. The combination is varied. We So what I would encourage us to do is additional $100 million for systems im- are talking about potentially hundreds to go ahead and adopt the Vitter provement and additional procure- of thousands of people or millions of amendment. What he has done is said: ment. The Vitter amendment adds to people who could be killed. There are a Take it from other areas. It will be what the committee already added to lot of areas where the midcourse de- covered. But this shows that there the administration request—$74 million fense segment was the only one that should be that priority. I believe that on top of the committee increase, $54 would be effective in knocking down an priority is certainly justified. million to convert two additional ships incoming missile. We are working hard As we follow through what has hap- and $30 million for technology im- now on the terminal defense segment. pened over the past few years, what provements. I applaud the Missile Defense Agency happened in 1998 when they opposed So point No. 1, in the areas to which and the work they have been doing be- and helped kill the legislation that Vitter amendment would add funds, cause they have been able to analyze called for the deployment as soon as the committee has either fully funded this and see where the threat is, why it technologically possible—we remember the administration request or we have should be dealt with. When they devel- that well. Those of us on the Armed added to the administration request. oped a budget, they put the amount of Services Committee have watched that The administration is not requesting money in there they thought was nec- moving target as time has gone by. But additional funds in the areas to which essary to keep on course to get us to that is really the key, to be sure we the Vitter amendment adds funds. That the point where we would be able to have a national missile defense system is point No. 1. adequately defend America against an deployed as soon as technologically Point No. 2, how does the Vitter incoming missile. I think they have possible because we know what other amendment pay for these add-ons? done that. countries are doing. We know people What it does is it allows the Secretary We took some 400, I believe, out of are trading technology. We know that of Defense to cut $271 million from any that amount, and the Vitter amend- China is trading technology, that part of the Defense Department budget ment is trying to reinstate that. In North Korea is trading technology, and except for the specified accounts which 1993, the Clinton administration cut countries such as Iran are rapidly gain- we are not authorizing the Secretary of $2.5 billion from the Bush missile de- ing this capability. Our enemies out Defense to cut. But except for those fense budget request for fiscal year there don’t like America. This is the very precise, specific, enumerated ex- 1994; terminated the Reagan-Bush Stra- most defensive program we should have ceptions, the Secretary of Defense is tegic Defense Initiative program; in defending my 20 kids and grandkids given carte blanche to cut any program downgraded national missile defense to and all of America. which the Secretary of Defense wants a research and development program I strongly encourage in this process to cut. That is an abdication of con- only; cut 5-year missile defense funding that we reinstate the amount of money gressional authority. It is a serious ab- by 54 percent from $39 billion to $18 bil- that the experts say is necessary to dication. We have not done this. Where lion; and reaffirmed a commitment to stay on course to defend America. we have put weapons systems money the ABM Treaty, saying any defense I yield the floor. in, frequently at the request of Mem- must be ‘‘treaty-compliant.’’ The PRESIDING OFFICER. The Sen- bers of this body, going over this at A lot of people honestly in their ator from Michigan. great length in committee, we have not hearts—and I respect them for having a Mr. LEVIN. Mr. President, I oppose given the Secretary of Defense a blank different opinion than mine—think the Vitter amendment for a number of check to cut whatever procurement that the answer is not in missile de- reasons. Let me begin by saying we programs he might want to cut in fense system but in arms control. This have already placed into our bill more order to pay for other add-ons that are is what we went through during the money for the areas that the Vitter offered on the floor of the Senate. middle 1990s. But we have reached a amendment would add additional Now, when the Senator from Florida level of sophistication now where we money for than was requested by the gave examples where these cuts could have watched our tests become success- administration. In other words, in come from, the Senator from Louisiana ful. People used to ridicule those of us these areas—terminal high-altitude denied those cuts could come from who were for this program a long time area defense, the THAAD Program; the these examples. But the Senator from ago: You will never be able to hit a bul- Aegis ballistic missile defense, DMD, Florida is right. So I am going to re- let with a bullet. But we have done it and its Standard Missile-3 inter- peat the examples, and then we can de- now. So the technology has come ceptor—we have added money in our bate later on whether the Senator from along. To not stay on track is some- committee to the budget request. So Louisiana is correct or the Senator thing that would be devastating. this is not restoring cuts in these pro- from Florida is correct in terms of the Right now, we are looking at coun- grams. If the Vitter amendment were amendment which has been offered. tries such as North Korea and Iran de- passed, it would add additional funds to These are some of the examples the veloping ballistic missile capabilities programs that we on the committee Senator from Florida used where if the and delivery systems. There should not unanimously already have added addi- Secretary of Defense wanted to make

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.031 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8240 CONGRESSIONAL RECORD — SENATE September 10, 2008 cuts in programs, in his discretion, he The PRESIDING OFFICER. Is there a member described in paragraph (1),’’ and would be given the authority to do it. objection? inserting ‘‘DEPENDENT CHILDREN ANNUITY He could cut funds for the Joint Strike Without objection, it is so ordered. WHEN NO ELIGIBLE SURVIVING SPOUSE.—In the case of a member described in paragraph Fighter alternate engine. He could AMENDMENT NO. 4979 (1),’’; and wipe out money for operations of the Mr. NELSON of Florida. Mr. Presi- (B) by striking subparagraph (B). B–52. He could cut money for advance dent, I call up amendment No. 4979. (e) RESTORATION OF ELIGIBILITY FOR PRE- procurement funds for the F–22. He The PRESIDING OFFICER. The VIOUSLY ELIGIBLE SPOUSES.—The Secretary could reduce the Patriot missile re- clerk will report. of the military department concerned shall quest. These are areas where the com- The legislative clerk read as follows: restore annuity eligibility to any eligible mittee has added funds and where if The Senator from Florida [Mr. NELSON], surviving spouse who, in consultation with the Vitter amendment is adopted, the for himself, Mr. HAGEL, Mr. SESSIONS, and the Secretary, previously elected to transfer Defense Secretary could, at his discre- Mrs. MURRAY, proposes an amendment num- payment of such annuity to a surviving child bered 4979. or children under the provisions of section tion, make cuts in these program or 1448(d)(2)(B) of title 10, United States Code, any other program in his discretion. Mr. NELSON of Florida. Mr. Presi- as in effect on the day before the effective It is a serious abdication of congres- dent, I ask unanimous consent that date provided under subsection (f). Such eli- sional budget authority to say the Sec- reading of the amendment be dispensed gibility shall be restored whether or not pay- retary of Defense may make cuts in with. ment to such child or children subsequently programs wherever he wants, with the The PRESIDING OFFICER. Without was terminated due to loss of dependent sta- specific two exceptions that are enu- objection, it is so ordered. tus or death. For the purposes of this sub- merated in the Vitter amendment. The amendment is as follows: section, an eligible spouse includes a spouse who was previously eligible for payment of (Purpose: To repeal the requirement for re- So we ought to defeat the Vitter such annuity and is not remarried, or remar- duction of survivor annuities under the amendment, No. 1, because it adds ried after having attained age 55, or whose Survivor Benefit Plan by veterans’ depend- funds not requested, No. 2, it adds second or subsequent marriage has been ter- ency and indemnity compensation) funds to accounts we have already minated by death, divorce or annulment. At the end of subtitle D of title VI, add the added funds to, and, No. 3, because of (f) EFFECTIVE DATE.—The sections and the the broad authority that would give following: amendments made by this section shall take SEC. 642. REPEAL OF REQUIREMENT OF REDUC- effect on the later of— the Secretary of Defense to pay for TION OF SBP SURVIVOR ANNUITIES these add-ons by cutting other pro- (1) the first day of the first month that be- BY DEPENDENCY AND INDEMNITY gins after the date of the enactment of this COMPENSATION. grams in the discretion of the Sec- Act; or (a) REPEAL.— retary of Defense—a very serious abdi- (2) the first day of the fiscal year that be- (1) IN GENERAL.—Subchapter II of chapter cation of our budget power and some- gins in the calendar year in which this Act is 73 of title 10, United States Code, is amended thing we should not do. enacted. as follows: So I will oppose the Vitter amend- (A) In section 1450, by striking subsection Mr. NELSON of Florida. Mr. Presi- ment and support the position, the ar- (c). dent, I ask unanimous consent that I gument of the Senator from Florida, (B) In section 1451(c)— may have printed in the RECORD a let- Mr. NELSON, who is the chairman of (i) by striking paragraph (2); and ter from The Military Coalition. our subcommittee, who earlier today (ii) by redesignating paragraphs (3) and (4) There being no objection, the mate- made the presentation in chief, as we as paragraphs (2) and (3), respectively. rial was ordered to be printed in the (2) CONFORMING AMENDMENTS.—Such sub- would say in a court, against the Vitter RECORD, as follows: amendment. chapter is further amended as follows: (A) In section 1450— THE MILITARY COALITION, I yield the floor now. I would ask (i) by striking subsection (e); Alexandria, VA, June 19, 2008. unanimous consent—if my friend from (ii) by striking subsection (k); and Hon. JEFF BINGAMAN, Alabama might hear this—that if we go (iii) by striking subsection (m). U.S. Senate, into a quorum call now the time be (B) In section 1451(g)(1), by striking sub- Washington, DC. charged equally against both sides on paragraph (C). DEAR SENATOR BINGAMAN: The Military Co- the Vitter amendment. (C) In section 1452— alition (TMC), a consortium of nationally I suggest the absence of a quorum (i) in subsection (f)(2), by striking ‘‘does prominent military and veterans organiza- with the unanimous consent request not apply—’’ and all that follows and insert- tions, representing more than 5.5 million members plus their families and survivors, is that any time during this quorum call ing ‘‘does not apply in the case of a deduc- tion made through administrative error.’’; writing to ask for your support of Senator be charged equally to both sides. and Bill Nelson’s Defense Authorization Bill The PRESIDING OFFICER (Mr. (ii) by striking subsection (g). amendment (S. amendment 4979) that repeals MENENDEZ). Without objection, it is so (D) In section 1455(c), by striking ‘‘, the law requiring a doIlar-for-dollar deduc- ordered. 1450(k)(2),’’. tion of VA benefits for service connected The clerk will call the roll. (b) PROHIBITION ON RETROACTIVE BENE- deaths from the survivors’ SBP annuities. The bill clerk proceeded to call the FITS.—No benefits may be paid to any person The elimination of this survivor benefit in- roll. for any period before the effective date pro- equity is a top legislative goal for TMC in Mr. LEVIN. Mr. President, I ask vided under subsection (f) by reason of the 2008. amendments made by subsection (a). We strongly believe that if military service unanimous consent that the order for (c) PROHIBITION ON RECOUPMENT OF CERTAIN caused a member’s death, the Dependency the quorum call be rescinded. AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- and Indemnity Compensation (DIC) the VA The PRESIDING OFFICER. Without CIPIENTS.—A surviving spouse who is or has pays the survivor should be added to the SBP objection, it is so ordered. been in receipt of an annuity under the Sur- benefits the disabled retiree paid for, not Mr. LEVIN. Mr. President, how much vivor Benefit Plan under subchapter II of substituted for them. In the case of members time remains on the Vitter amend- chapter 73 of title 10, United States Code, who died on active duty, a surviving spouse ment? that is in effect before the effective date pro- with children can avoid the dollar-for-dollar The PRESIDING OFFICER. The pro- vided under subsection (f) and that is ad- offset only by assigning SBP to the children. ponent has 2 minutes. The opponents justed by reason of the amendments made by But that forces the spouse to give up any subsection (a) and who has received a refund SBP claim after the children attain their have 19 minutes. of retired pay under section 1450(e) of title majority—leaving the spouse with only a Mr. LEVIN. Mr. President, I ask 10, United States Code, shall not be required $1,091 monthly indemnity from the VA. Sure- unanimous consent that the Vitter to repay such refund to the United States. ly, those who give their lives for their coun- amendment be set aside, and that when (d) REPEAL OF AUTHORITY FOR OPTIONAL try deserve fairer compensation for their we return to the Vitter amendment, ANNUITY FOR DEPENDENT CHILDREN.—Section surviving spouses. the Senator from Louisiana have 10 1448(d) of such title is amended— The Military Coalition urges you to re- minutes on his side, and that the full 19 (1) in paragraph (1), by striking ‘‘Except as store equity to this very important survivor minutes remain on our side, the oppo- provided in paragraph (2)(B), the Secretary program and vote in favor of Senator Nel- concerned’’ and inserting ‘‘The Secretary son’s SBP amendment when it comes to the nents, and with that understanding we concerned’’; and floor for consideration. move to the regular order, which I be- (2) in paragraph (2)— Sincerely, lieve would be the Senator from Flor- (A) by striking ‘‘DEPENDENT CHILDREN.—’’ THE MILITARY COALITION, ida offering his amendment. and all that follows through ‘‘In the case of (signatures enclosed).

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.032 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8241 Air Force Association; Air Force Women the GI bill, which certainly is pro- tired members of the military pay for Officers Associated; American Logistics As- viding greater opportunities for today’s this benefit from their retired pay. sociation; AMVETS (American Veterans); members of the military and their fam- Again, it is as if they pay premiums for Army Aviation Assn. of America; Assn. of ilies to have the ability to earn a col- an insurance policy. Upon the death of Military Surgeons of the United States; Assn. of the US Army; Commissioned Offi- lege education. Well, now, in this the servicemember, their spouse or de- cers Assn. of the US Public Health Service, amendment, we have the privilege of pendent children can receive up to 55 Inc.; CWO & WO Assn. US Coast Guard; En- honoring the families whose loved ones percent of their retired pay as an annu- listed Association of the National Guard of have given their lives in service to the ity—a straight kind of insurance annu- the US; Fleet Reserve Assn.; Gold Star Wives country. ity. Understood. of America, Inc.; Iraq & Afghanistan Vet- Today, we can remove one of the last But there is another law. The other erans of America; Jewish War Veterans of unjust benefit offsets that face our vet- law is that the Department of Veterans the USA; Marine Corps League; Marine Corps erans and our families. On both sides of Affairs Dependency and Indemnity Reserve Association. the aisle, over the last several years, Military Officers Assn. of America; Mili- compensation, or DIC, is given to a sur- tary Order of the Purple Heart; National As- the Senate has tried to correct these viving spouse of an active-duty or re- sociation for Uniformed Services; National benefit offsets that penalize our Na- tired military member who died from a Military Family Assn.; National Order of tion’s heroes. Back in 2004, in the De- service-connected cause. Here is the Battlefield Commissions; Naval Enlisted Re- fense authorization bill, we passed catch: Under current law, even if the serve Assn.; Naval Reserve Association; Non combat-related special compensation surviving spouse of such a servicemem- Commissioned Officers Assn. of the United that allowed veterans who were injured ber is eligible for SBP, that purchased States of America; Reserve Enlisted Assn. of during war, and awarded a Purple insurance annuity is reduced, or offset, the US; Reserve Officers Assn.; Society of Heart, to receive both their disability Medical Consultants to the Armed Forces; by the amount they get under the De- The Retired Enlisted Assn.; USCG Chief pay and their earned retirement in- pendency and Indemnity Compensation Petty Officers Assn.; US Army Warrant Offi- come. Back then, in 2004, we reviewed from the Veterans’ Administration. cers Assn.; Veterans of Foreign Wars of the the veterans concurrent receipt dis- Well, why should that be, because they US. ability pay, otherwise known as con- are entitled to both. In one case, they Mr. NELSON of Florida. Mr. Presi- current receipt. We agreed that mili- purchase it; in the others, they are a dent, following one of the bloodiest tary retirees with 20 or more years of veteran and they are entitled to it. The wars in America, the time that this service and a 50-percent or higher dis- Survivor Benefit Plan is that pur- Nation was put asunder and split right ability would no longer have their re- chased insurance annuity plan. down the middle, in those dark days, tirement pay reduced by the amount of In my previous life as the elected in- President Abraham Lincoln, in his sec- their VA disability compensation. That surance commissioner of the State of ond inaugural address, said that one of was the offset that was known as con- Florida, I want you to know I have the greatest obligations of war is to current receipt. So we eliminated that never heard of any other purchased in- take care of those who had borne the offset if the veteran had a 50-percent or surance annuity program that can jus- fight and to take care of his widow and higher disability. tify refusing to pay the insured the orphan. Well, through the National Defense benefits that the insured purchased by What he said was: Authorization Act, back then, in 2004, saying: Oh, by the way, because you As God gives us to see the right, let us we authorized concurrent receipt of the are getting a different benefit some- strive on to finish the work we are in, to retired pay and the disability pay for where else. So for the past 8 years, this bind up the nation’s wounds, to care for him military retirees but not so with the Senator has been trying to fix that sit- who shall have borne the battle and for his widows and the orphans. uation. This amendment is going to widow and orphan. Last year, in the Defense authoriza- end that injustice and completely re- That is the quote of Lincoln in that tion bill, we reasoned that those vet- move this offset to take care of the very memorable second inaugural ad- erans rated as 100 percent unemploy- widows, the widowers, and the orphans dress. able should receive both their retire- who have lost a loved one to combat or This amendment has to do with wid- ment pay, which they have earned service-connected injuries. ows and orphans. This Senator, for 8 through years of service, plus their dis- In 2006, the Senate passed a similar years now, has brought this amend- ability pay, which they earned through amendment 92 to 6. What happens, it ment up, and on most every occasion injury. Before the law was changed, a gets down into the conference com- we have passed it in the Senate. But veteran suffering from PTSD, post- mittee between the Senate and the because it has a fiscal consequence, be- traumatic stress disorder, or TBI, trau- House and they say: Oh, we can’t afford cause what we are going to do is help matic brain injury, and was unable to it. It got watered down into a special widows and orphans, when it gets work due to the service-connected dis- payment that provides a $50 monthly through here on almost a unanimous ability—back before that, that veteran payment to a deceased servicemem- vote and gets into a conference com- was penalized because he or she was ber’s beneficiaries. So at least it is off- mittee with the House, it gets not 100 percent physically disabled. set $50. But the real offset is about whacked. We had a minor victory last Prior to our efforts, our veterans could $1,100. Fifty dollars is better than zero, year in that some of this offset that I not concurrently receive their hard- but we have a long way to go to make am about to tell you was reduced, but earned retirement pay and their well- this right by our veterans and their it was a very minor achievement. deserved disability pay. families. I have offered this amendment, which That is what brings me now to the I hope the Congress now is going to is cosponsored by Senators HAGEL, widows and orphans. We treated our face the music and come up with the MURRAY, and SESSIONS. So you can see veterans that way in the past. We have responsible thing and recognize that that this is bipartisan. It is going to acted to get rid of these unjust offsets. the cost of war is taking care of the eliminate the unjust offset on the sur- But there is one offset that remains, families, the widows, and the orphans. vivor benefits for widows, widowers, and that is the one that affects the sur- Under current law, because of that off- and orphans. The U.S. Government, vivors—the offset between the sur- set, all of our military are going to find when it plans for cost of war, has to go vivor’s benefits under the Department it difficult for their families to make through—and understand that the cost of Defense Survivor’s Benefit Plan, or financial ends meet. These are the fam- of war is not just guns, ammunition, SBP—that is on one hand—and the ilies of the men and women who do not tanks, and airplanes. Veterans Department Dependency and return home. They have already lost so A cost of war is also taking care of Indemnity Compensation, or DIC, there much, they should not have to endure the veterans and also taking care of is an offset there. Here is what hap- the financial hardships because of a the deceased servicemembers’ widows, pens. The Survivor’s Benefit Plan is benefits offset. widowers, and orphans. It is both a cost purchased by the retiree, like an insur- The Senate has an opportunity to of war and of peace. ance annuity. It is issued automati- change this injustice as we get into Now, before August, back in July, the cally in the case of servicemembers this Defense authorization bill. If we Senate supported sweeping changes to who die while on active duty, and re- respond to it as we did a couple of

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.006 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8242 CONGRESSIONAL RECORD — SENATE September 10, 2008 years ago by passing legislation with would conserve. What is one way to AMENDMENT NO. 5280 overwhelming support and then again conserve? Higher-miles-per-gallon cars Mr. VITTER. Mr. President, I will re- with the special offset of only $50, if we because 50 percent of the oil we use turn to my pending Vitter amendment. can take it to the full offset and re- goes into cars and trucks. It does not I ask the majority side, and perhaps move it, then we will have achieved take a rocket scientist to realize this is the distinguished Senator from Florida what we ought to be doing, which is to where we ought to focus. So let’s focus is the appropriate person on the floor do right by our families, recognizing on raising the mileage standards for to give consent to a modification of the that it is our obligation as a govern- our personal vehicles. It took us 30 Vitter amendment, which is in the last ment to take care of the one who shall years to just a few months ago raise paragraph, only to clear up any uncer- have borne the burden of war and of his the mileage standards to a paltry 35 tainty and confusion about this offset widow and orphan. miles per gallon, but that is phased in issue which we have discussed. That ends my remarks. I do not see over the next decade and a half. This modification, which I provided any other Senator in the Chamber In the meantime, Europe is driving to the majority side, would make crys- wanting to offer any comments. So if around on an average of 43 miles a gal- tal clear and ensure that the full offset other Senators are not ready to speak, lon. By the way, it is American manu- of this amendment would have to come I wish to speak on another subject. I facturers in Detroit that are selling out of research, development, test, and ask unanimous consent to speak as in their products, American automobiles, evaluation accounts only, and there- morning business for 10 minutes. that add to that 43-mile-per-gallon av- fore it could not come out of O&M. It The PRESIDING OFFICER. Without erage in Europe. And in Japan, they could not come out of procurement. It objection, it is so ordered. are driving around in vehicles that get could not come out of any of those OIL DRILLING 50 miles per gallon. broad categories about which the Sen- Mr. NELSON of Florida. Mr. Presi- In other words, we are wasting a lot ator and others were most concerned. dent, next week we are going to be on of oil right here in America that we I ask unanimous consent for that the Energy bill, and we are going to be could be saving, and we could do it modification so that there is certainty acting on one of the most important with serious conservation measures. on that issue. challenges facing our Nation. In fact, One of those ways is to increase our The PRESIDING OFFICER. Is there the single greatest threat to our na- miles per gallon in our vehicles in the objection? The Senator from Florida. tional and economic security may well fleet average, which we could start Mr. NELSON of Florida. Mr. Presi- be our dependence on oil, not just for- doing tomorrow. dent, reserving the right to object, out There is another way, and the other eign oil but oil. of consideration for Senator LEVIN, the No one among us would argue that way is to start giving tax incentives to chairman of the committee, who is off we need to drill in places where it Americans to go out and buy fuel-effi- the floor right now and is considering makes sense. But we all know that cient cars. We ought to require at least the request of the Senator from Lou- more drilling will not do anything to 40 miles per gallon on our vehicles, and isiana, I suggest the Senator withdraw we should provide to the American con- bring down the price of gasoline. A re- the request until Senator LEVIN re- sumer tax incentives to encourage port from the White House has said turns. I have been instructed to say them to buy those higher-miles-per- that, and we have stated that on the that he is considering that request gallon, fuel-efficient cars. right now. So will the Senator with- floor of the Senate. Nor will more drill- In the long run, we have to rapidly draw the request? ing take us down the path to making build cars that run on batteries and hy- America energy independent in 10 Mr. VITTER. Pending that answer, drogen, not petroleum, and we need to Mr. President, I will withdraw the re- years. But let’s acknowledge that we develop alternative fuels, such as eth- need to drill for oil in places where it quest and look forward to that re- anol, from products that we do not eat. sponse so that we can modify the makes sense. While we are at it, we are going to have amendment. It is a good-faith attempt This Senator has come to the floor to pay attention to how we power our to address and clear up any possible and said over and over that 68 million homes and industry. We are going to ambiguity about some of the issues we acres of Federal lands, both on land need to develop solar, wind, thermal discussed on the Senate floor. I think and submerged lands, leased by the oil energy, and safer nuclear power, and this modification would do that by, be- companies, is a good place to start. We we are going to need to increase our yond argument, limiting any offset to need to drill for oil in places where it oil-refining capacity. makes sense. If there are expanded Our Government must enact this na- research, development, test, and eval- places offshore that do not have a tional energy program to transition us uation accounts. counterbalancing reason not to drill from petroleum to alternative and syn- I yield the floor. The PRESIDING OFFICER. The Sen- there, then let’s use that standard. thetic fuels. President Kennedy said we ator from Oregon. Let’s drill in places where it makes were going to release ourselves from Mr. SMITH. Mr. President, I ask sense but understanding all along that the bonds of gravity and go to the unanimous consent to speak as in is not going to affect the price of gaso- Moon and back within 9 years, and we morning business. line now. did it. We need to act on this energy The PRESIDING OFFICER. Without The White House report said it would crisis with the same urgency. If we put objection, it is so ordered. not affect the price of gasoline until our minds together, then we can realize the year 2030. But people are hurting a number of these items that I have MENTAL HEALTH PARITY now. They want something done about mentioned—drill in places where it Mr. SMITH. Mr. President, I often gas prices now. makes sense; raise the miles per gallon try to come to this Chamber and offer Recognize also there is a funda- on our automobiles; give our people tax remarks without reading a text, but mental truth that the United States incentives so that they will be encour- this text that I have prepared is of such has only 3 percent of the world’s oil re- aged to buy fuel-efficient cars; develop a personal nature and so difficult to serves, but the United States consumes solar, wind, thermal, safer nuclear give that I think I am going to try to 25 percent of the world’s oil production. power; and increase our oil-refining ca- read it. Common sense tells us, if we only have pacity. These are the ways we are I also want to note for the record 3 percent but consume 25 percent, drill- going to solve our energy crisis. that in this hyperpolitical season, ing is not going to get us out of the This is what I hope as the Senate sometimes we forget that we are just problem. We have people such as Texas goes into session next week working on Americans. Senator KENNEDY somehow oilman T. Boone Pickens who are on the Energy bill. These are the common- knew I was going to give this speech, the TV saying exactly the same thing. sense ways that we can, with divergent and I was just called to the Republican If we cannot drill our way out of the views, come together and build con- cloakroom to take a call from our col- problem, what should we do? It is clear sensus. league who struggles with a terrible ill- that we could bring the price of gas Mr. President, I yield the floor. ness. He wished me well in this speech down a lot more and right away if we The PRESIDING OFFICER. The Sen- because we share a common bond when would cut some of the waste, if we ator from Louisiana. it comes to human loss and the passion

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.042 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8243 for the issue of mental health. I also I reviewed the two bills and felt more in suicide prevention activities. They want to report, Mr. President, that he and more that I had found my cause: to have been taught these new skills in a sounded great, and I am confident he bring suicide’s brutal toll and mental way that will allow them to share what will be back. health subordinate status out of our so- they have learned to train others. This Mr. President, 5 years ago this ciety’s shadows. I believed that the ‘‘train the trainer’’ type of program week—it was actually 5 years ago on shame and the stigma our society feels has created a sustainable program Monday—my wife Sharon and I re- about mental health must stop and a which will continue to grow the num- ceived the worst news that any parent national conversation needed to begin. ber of caring people in our commu- can receive when a police officer I believed that if Government policy nities who have the know-how to spot showed up at our door to inform us and insurance priorities did not mental illness and suicide risks in our that our 21-year-old son Garrett had change, then more lives would be trag- children and youth. taken his life. That day and the days ically lost, more families would be Mr. President, much has been accom- and weeks that followed were the most shattered, more of our citizens would plished in the battle against youth sui- painful imaginable. But instrumental wander our streets and needlessly fill cide, but there is still much more that to Sharon and me being able to per- our jails, and higher costs would be needs to be done, and I would like to severe through those weeks was the borne by taxpayers or be shifted to provide a roadmap of five actions this love and support we received from my overburdened private policyholders. In Congress can and should take before colleagues here in the Senate. short, our society would be diminished adjournment. To note just a few, Senators WYDEN, and too many of our fellow citizens First, Congress needs to reauthorize REID, STEVENS, BENNETT, DeWine, and would continue to suffer needlessly. the Garrett Lee Smith Memorial Act. CHAMBLISS traveled all the way to Pen- Senators DeWine, DODD, and REED Last May, I joined with Senators DODD dleton, OR, a little town in north- graciously offered to let me take the and REED in introducing just such a re- eastern Oregon, for Garrett’s service. lead in advancing the legislation authorization proposal. Our bill would When I returned to this Chamber weeks through Congress. Because of their sup- provide some important updates to the later, Senators KENNEDY and BIDEN, port, the support of countless others in program, including allowing States and who had experienced the loss of family the House and Senate, and the support tribes to get more than one grant so members in their lives, were just two of the President of the United States, that many States can expand on the of many who reached out to me with George W. Bush, we were able to make work they started with the initial compassion and wise counsel. Senators a difference and for the first time put youth suicide prevention grants they LEAHY and Santorum lit candles for us the Federal Government on the front received. Our bill would also allow for in their Catholic parishes, Senator lines in the battle against youth sui- increasing funding levels and allow for LIEBERMAN remembered us in his syna- cide. the current youth suicide resource cen- gogue, and many protestant colleagues This week marks another anniver- ters to serve those of other ages. included us in their prayer circles. sary, Mr. President. It was on Sep- Second, mental health parity has Sharon and I were reminded again and tember 9, 2004, on what would have passed both the House and the Senate again that human heartache has no po- been Garrett’s 23rd birthday, that final and is awaiting final passage. I urge litical affiliation. passage was achieved on what my col- the conference committee to get this Sharon and I were also blessed to re- leagues’ named the Garrett Lee Smith to final passage. This final version has ceive the support and understanding of Memorial Act. So I rise today during been included in the tax extenders the people of Oregon. We were over- what is also National Suicide Preven- package drafted by Senator BAUCUS whelmed with cards, letters, and kind tion Week to reflect on what has been that is awaiting consideration. I am words, many from individuals who had accomplished these past 4 years thanks very hopeful that through this pack- lost a loved one battling depression or to the provisions of the Garrett Lee age, mental health parity will soon be who had lost a loved one to suicide. In- Smith Act and to remind my col- completed. Placing mental health on deed, as a result of the publicity sur- leagues of the work that still must be parity with physical health will send a rounding Garrett’s death, Sharon and I done. very important message to our family had become the focus of an immense Since its enactment into law, the members and friends with mental ill- fraternity of sorrow. I had never been Garrett Lee Smith Act has provided ness. It says to them: We support you, aware of or imagined the size of this si- funding for youth suicide prevention we love you, and we are working to en- lent and shapeless society, but the ava- programs in 31 States, 7 Native Amer- sure that you get the help you need. lanche of letters confirmed what my ican tribes or tribal organizations, and Third, mental health parity must studies later taught me: There are 55 colleges and universities. Incredibly, also be provided to children under 30,000 suicides and as many as 600,000 more than 150,000 people across our Na- SCHIP. Low-income children suffer at attempts at suicide in America every tion have been trained in youth suicide higher rates of mental illness. We must year. Suicide is the third leading cause prevention activities under the Garrett ensure that the State Children’s Health of death in the United States for those Lee Smith Memorial Act. This includes Insurance Program better supports ages 15 to 24. It is the second leading more than 40,000 college students who their needs. We know that the earlier cause of death among college students, can now look for the warning signs of we can identify and help children with with more than 1,000 taking their lives depression in peers, more than 11,000 any mental health issues, the better each year. parents and foster parents who can chance they will have in obtaining a I began to wonder what I, as a Sen- spot the warning signs in their chil- long-term recovery and learning the ator, could do about this epidemic dren, 9,000 teachers who can better ability to manage their illness. which had claimed the life of my son. identify the needs of their students, Fourth, along with many colleagues, Six months after Garrett’s death, our and 1,300 primary care providers who I have long been concerned with the then-colleague Mike DeWine provided can better serve the mental health mental health needs of our older vet- me with an answer. He told me that the needs along with the physical needs of erans as well as those who are return- epidemic of youth suicides had been our children and youth they seek to ing from our current conflicts. I held a weighing on his mind as well and that heal. We also know that 13,000 youth field hearing in Oregon last year on the he had coauthored two pieces of legis- have been screened for mental illness issues that our aging veterans face and lation he hoped might make a positive through the Garrett Lee Smith Memo- convened two roundtables on the issue difference. The first bill, authored with rial Act grants. Of these youth, more with veterans, mental health profes- Senator DODD, increased screening for than 2,800 were found to be at risk of sionals, and local officials. Senator children to detect those predisposed to suicide and 95 percent were referred for KOHL and I also held an Aging Com- depression and suicide. The second, mental health services. Amazingly, of mittee hearing in the fall of last year written with Senator REED of Rhode Is- these children, 90 percent received that looked at veterans’ mental health land, provided funding necessary to im- care. issues. I was honored that Senator Bob prove suicide prevention programs on In my home State of Oregon alone, Dole was able to testify at this impor- college campuses. more than 900 people have been trained tant hearing.

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.044 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8244 CONGRESSIONAL RECORD — SENATE September 10, 2008 In response to the findings I gathered Oregonians who continue to let Sharon Survivors are qualified for SBP only from these hearings and discussions, I and me know that we are in their because their spouses bought it with introduced in July of this year, along thoughts and prayers; gratitude for my monthly premiums. with my colleague and friend Senator colleagues here in this Chamber, with- It is time we gave back these benefits WYDEN, the Healing Our Nation’s He- out respect of party, who helped me to families of those who have served roes Act of 2008. This bill would im- persevere and recover; gratitude for bravely in the defense of our Nation. I prove the oversight of the Department public servants such as Mike DeWine think it is an insult to their honor and of Veterans Affairs and the Depart- and CHRIS DODD and JACK REED and their memory to do anything else. ment of Defense as it relates to the many others—and I must mention Many of us have fought for years to mental health services they provide to ORRIN HATCH, who has been an incred- ensure the SBP pays survivors as it our service men and women and vet- ible brother to me. They allowed me to was intended. I, along with 38 col- erans. It would also work to increase turn my grief into action through the leagues, sponsored the SBP Benefits the number of their mental health pro- Garrett Lee Smith Memorial Act. I ex- Improvement Act of 2001. We are talk- fessionals and train them to better un- press gratitude for President Bush ing about quite a number of years ago. It amended the Federal provisions con- derstand the unique issues of our men signing this act. He did it on a misty cerning the Military Survivor Benefit and women who have seen combat. day, on an October morning in 2004, Plan to adjust the basic annuity Finally, I have worked to introduce a just before election day. I express grat- amount for surviving spouses of former package of bills with Senator REED of itude for those who are on the front military personnel and adjust similarly Rhode Island that would support and lines of the battle against suicide, and enhance our community mental health the authorized percentage amounts of countless mental health professionals SBP supplemental annuity authorized centers. These centers are the safety who are implementing the programs net of our local mental health systems for such spouses. authorized by the Garrett Lee Smith Again, I cosponsored, with 45 col- and work to ensure care to so many Memorial Act, who are often over- leagues, the Military Survivor Benefits low-income individuals. These bills whelmed by the demand and under- Improvement Act of 2003 to accomplish would help to better integrate the funded by resources. the same thing. physical and mental health at these And above all, I express gratitude We have worked diligently to change centers. This package would also help that a remarkable boy graced Sharon’s the laws covering the concurrent re- to provide funding for infrastructure and my life for so many years, and that ceipt and have been successful. This expansion and improvements that are his memory lives on through the good legislation is the logical expansion of so desperately needed as local centers works implemented by legislation that the same principle, acknowledging that struggle under low funding and in- bears his name on the statutes of the the surviving spouses and dependents creased community needs. Currently, United States of America. should not be left behind. Every year the reauthorization is pending in the Mr. LEVIN. Mr. President, I suggest for the last 3 years we voted to include HELP Committee. the absence of a quorum. this legislation in our version of the Mr. President, I know we are in the The PRESIDING OFFICER. The National Defense Authorization Act. midst of a partisan season. Two of our clerk will call the roll. We have the authorization bill—I colleagues are campaigning for the The assistant legislative clerk pro- should say the reauthorization bill— Presidency of the United States, and ceeded to call the roll. every year. We put it in. Then, some- one is campaigning for the Vice Presi- Mr. INHOFE. Mr. President, I ask how, in conference it comes out. dency. In my State of Oregon, my col- unanimous consent the order for the As the Chair knows, we cannot dis- league, Mr. SCHUMER of New York, is quorum call be rescinded. cuss what happens in conference other spending millions upon millions of dol- The PRESIDING OFFICER. Without than we know the results. The results lars running very partisan and nega- objection, it is so ordered. were this was something we wanted to tive ads in the hopes of defeating me, AMENDMENT NO. 4979 do, we had it in, it came out. In 2006, and that is certainly his right. I know Mr. INHOFE. Mr. President, right 2007, and 2008, we agreed to repeal this Mr. SCHUMER has put pressure on many now the pending business, as I under- SBP/DIC offset and every year it has of my colleagues on the other side of stand it, is the Bill Nelson amendment, been dropped by the conference com- the aisle these past few months not to is that correct? mittee. continue any bipartisan work with me. The PRESIDING OFFICER. The Sen- Again, that is something nobody But just as passage of the Garrett Lee ator is correct. knows why. I, frankly, do not know Smith Memorial Act was not a par- Mr. INHOFE. Let me first com- why and I am on the conference. With tisan issue, taking action on the five pliment Senator NELSON for bringing this amendment we rectify a long- items I have just listed is also not par- this up. This has been something we standing injustice to widows and de- tisan. Mental illness does not differen- have been wrestling with now for more pendents whose spouses or parent died, tiate between Republican and Demo- than 8 years and we are finally going to of a military service-related cause, who crat. It is an American issue. It is a have an opportunity to make it hap- are sacrificing a dollar of the DOD Sur- human issue. And as Americans, we pen. It is a long overdue fix in the Sur- vivor Benefit Plan for every dollar of have a duty to act. vivor Benefit Plan and I am honored to the VA Dependency and Indemnity Perhaps the best counsel I received in be a cosponsor of this amendment. It Compensation they receive. Finally, after all these years it is the days and weeks following Garrett’s clearly states that a surviving spouse going to become a reality. I applaud death came from Dr. Lloyd Ogilvie, and dependents of our veterans should the Senator from Florida, Mr. NELSON, who served with such distinction as the receive the full value of the SBP and for bringing it up. I encourage every- Chaplain of the Senate. Lloyd had re- the Dependency and Indemnity Com- one to agree to this amendment. I cently lost his beloved wife Mary Jane pensation—DIC—without an offset. think it will be agreed to because it Here is what the problem has been in and called me from Los Angeles to has had favorable treatment from our commiserate. His message to me was the past. They would receive one or the defense committee, our Armed Services that ‘‘gratitude’’ is a miraculous anti- other, but the other would be offset Committee, for a number of years now. dote for grief, and that, whenever I was against it so our surviving spouses With that, I yield the floor. feeling overwhelmed by bewilderment would not have the full benefit. Let’s The PRESIDING OFFICER. The Sen- and remorse, I should remember to be look at what it is. They have distinct ator from Michigan is recognized. grateful that the Lord gave us Garret purposes. The DIC, the Dependency and Mr. LEVIN. Mr. President, before I for 22 years less a day. It sounded sim- Indemnity Compensation, is tax free ask for a quorum call, if the quorum ple enough—gratitude as an antidote and it compensates for a service-con- call is put in motion here, is the time for grief—so I tried it, I tried it again, nected death and the resulting eco- charged against both sides on the and I discovered that it works. nomic loss. That is what that stands Vitter amendment? I stand here today, 5 years after los- for. The PRESIDING OFFICER. We are ing my son, with profound gratitude in The SBP, the Survivor Benefit Plan, on the Nelson amendment so no time my heart: gratitude for the countless is more like a life insurance policy. would be charged.

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.044 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8245 The Senator from Virginia is recog- a special note, before I begin my com- Whether you are a secretary or man- nized. ments on another subject, of his advo- ager or the guy or the gal who is clean- Mr. WARNER. Mr. President, first I cacy because I think it has been ex- ing up, if you want to work for the pub- wish to say to our colleague and fellow tremely important for millions of fami- lic, then you need to take the public’s member of the Senate Armed Services lies in our country. trust seriously. Committee from Oklahoma, I was very MINERALS MANAGEMENT SERVICE Now, you say to yourself, this should moved by your remarks on this par- Mr. President, I have come to the pretty much go without saying. But ticular program, as requested by our floor to talk about a new report that particularly this afternoon, as the Con- colleague from Florida. This will have the Interior inspector general has re- gress is on the eve of a historic debate my support. But your voice has added a leased on the offshore oil and gas leas- about the future of energy policy, you great deal of significance to the funda- ing program. ought to say: Let’s clean up the abuses mental necessity for this body to go Several years ago, I stood on the that are taking place in existing leas- ahead with this amendment. I judge floor and spoke for several hours in an ing programs that are going to con- you, too, are a cosponsor on this effort to draw the Senate’s attention to tinue and possibly be expanded under amendment? the mismanagement of this offshore oil the legislation that the Congress will Mr. INHOFE. That is correct. I say to and gas leasing program. Today we consider shortly. the Senator from Virginia, we have have learned, with the inspector gen- Some of the Minerals Management been working on this, you and I to- eral’s report, that nothing has Services problems also involve a law gether, along with several other Sen- changed. What they have shown, the that was written originally in the mid- ators on both sides of the aisle, for 8 inspector general in this report, is that 1990s, when the price of oil was low. years now that I know of. This should the Royalty-in-Kind program, one of When the price of oil was around $15 a be the day that we come to the happy the key royalty programs that they barrel, the Congress said: Let’s give oil conclusion and make sure it does hap- looked at, is a horror story of mis- companies a financial incentive to drill pen. management and misconduct. on new leases in the Gulf of Mexico. I wonder why things that are so right The inspector general looked at the The law said that while the oil compa- are so long in coming. He and I both Minerals Management Service, and nies were drilling on public land, they know, after the years we have served, said, with respect to this royalty pro- didn’t have to pay the Federal Govern- it is not all that easy sometimes. I gram, there is a ‘‘culture of ethical ment the required royalties until the thank the Senator for all of his support failure.’’ Nearly one-third of the entire price of oil rose high enough for the for the survivor benefits and all the staff of the Royalty-in-Kind program companies to make a profit, obviously things we have done since—actually accepted gifts and gratuities from the a little bit different time than today. prior to 2001. oil and gas companies with which they Oil prices, of course, have not stayed Mr. WARNER. Mr. President, I thank were conducting official business. low. It turns out that royalty relief the Senator. If it is one hallmark he There are stories of drug use. There didn’t phase out the way it should has in the Senate, it is his tenacity, are stories of inappropriate sexual rela- have. year after year after year. So stick tionships. The inspector general con- We learned the Minerals Manage- with it—whether it is this program or firmed that two Royalty-in-Kind em- ment Service, the part of the Interior your beloved highway programs, which ployees were running a side consulting Department charged with issuing and you fight for, or your beloved WRDA business for oil and gas companies with administering offshore leases, bungled bill, which you fight for. It is a long which the Royalty-in-Kind program things so badly they forgot to include list. was doing business. provisions in the leases requiring roy- I thank the Senator from Oklahoma. The inspector general’s report de- alties on those particular leases. The Mr. INHOFE. I thank the Senator tailed how Royalty-in-Kind managers, Government Accountability Office has from Virginia. instead of working for the taxpayers’ estimated that just this dereliction of Mr. LEVIN. Mr. President, I suggest interests, were working for their own duty would cost American taxpayers as the absence of a quorum. self-interest, ingratiating themselves much as $11.5 billion. The Government The PRESIDING OFFICER. The with the very oil companies they were Accountability Office recently has up- clerk will call the roll. The assistant legislative clerk pro- charged to negotiate fair deals with on dated that amount and the impact is ceeded to call the roll. behalf of American taxpayers. several billions of dollars higher. Mr. WYDEN. Mr. President, I ask Now, some are probably wondering The Congress has held hearings on unanimous consent that the order for exactly how much money has been lost this management failure, but the fact the quorum call be rescinded. as a result of this mismanagement and is, nothing has been done to fix the The ACTING PRESIDENT pro tem- misconduct. The bottom line from the problem. pore. Without objection, it is so or- inspector general’s investigation is To add further insult to the injuries dered. there is no way to determine how ex- suffered by taxpayers, the oil compa- Mr. DORGAN. Would the Senator tensive the abuses in this program nies operating in the gulf, led by Kerr from Oregon yield? have been. There is no way to deter- McGee, sued the Federal Government, Mr. WYDEN. I will yield. mine exactly how much money the claiming they shouldn’t pay royalties Mr. DORGAN. Mr. President, I ask American taxpayer has lost. Because on any of the oil from any of the 1995 unanimous consent that I be recog- the record keeping has been so shoddy, to 2000 leases, no matter how high the nized following the presentation from it is not possible to figure out exactly price of oil went. They got a judge in the Senator from Oregon. what these losses are. Louisiana to agree with them. The The ACTING PRESIDENT pro tem- I am very hopeful, as a result of this Federal Government is appealing the pore. Without objection, it is so or- extraordinarily important report by case. dered. the inspector general, that it will be Senator KYL and I have been working Mr. WYDEN. First, I wish to note possible to clean house finally at the on a bipartisan basis to try to get this that my friend and colleague, Senator Minerals Management Service. I hope corrected, but in the 2005 Energy bill, SMITH, was just on the floor. I wish to it will be possible. the Congress extended the exemptions commend him for all the work he has You say to yourself: How can it be for new leases in the Gulf of Mexico done for the vulnerable families in our that these things are done at this agen- from royalty payments for both oil and country. He and Sharon, of course, cy today? What would it take to get a natural gas wells, despite the fact that have suffered the loss, a loss almost serious audit program at the Mineral oil was already $50 a barrel. This is a unbearable to all of us who are parents. Management Service? I hope it will be loophole that remains in effect until They have done everything they pos- possible now to make changes in this June of 2010 and is going to allow cur- sibly could to stand up for other fami- program, to make it crystal clear that rent and future leases in the Gulf to lies across the country. the Federal Government will no longer continue to avoid even more royalties Since our colleague spoke, and very employ someone serving an interest while additional profit is generated at movingly, on the floor, I wish to take other than the public’s. record prices.

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.045 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8246 CONGRESSIONAL RECORD — SENATE September 10, 2008 The Bush administration has pro- of alternative energy supplies and re- of Iraq contracting at one point in posed repealing these 2005 royalty re- newables, to make significant progress. their committee, and I went to testify lief provisions, but they are still in I have made it clear that particularly before that hearing. It is interesting place. with respect to additional opportuni- that at that hearing my testimony This is the time to get control of this ties for drilling, be it in the Gulf of about a range of issues with respect to runaway stallion. We are talking about Mexico, and maybe other areas, I am subcontractors doing contracting in millions, certainly billions, in terms of open. What I am not open to is the con- Iraq was contradicted by an Army gen- the cumulative cost of the program, tinued abuse of taxpayers in these es- eral. That Army general is now under and these practices take your breath sential programs involving public re- investigation because it is anticipated away. sources. We are talking about public that Army general did not provide Let me read from one paragraph from lands. We are talking about public re- truthful testimony to the committee. the summary the inspector general has sources. It is one thing when private One of the things I wanted to talk issued. One paragraph talking about companies drill on private lands. It is about today was about the issue of pro- three employees says: The results of quite another when they are developing found waste of money with respect to this investigation paint a disturbing energy on public lands and, in my view, Iraq contracting. But then I want to picture of three senior executives who taking advantage of programs that talk about how much money we have were good friends and remained were set up years ago when the price of committed and how much we have ap- calculatedly ignorant of the rules gov- oil was $15 a barrel. propriated and, for that matter, au- erning postemployment restrictions, It is time to clean house at the Min- thorized to Iraq at a time when the conflict of interest, and Federal acqui- erals Management Service. It is time special inspector general for Iraq tells sition regulations to ensure that two to get back in the business of account- us that that country is pumping out lucrative contracts would be awarded ability and rigorous oversight of these about 2 million barrels of oil a day, to a company created by one of them leasing programs that involve such ex- selling it on the open market, amass- and then later joined by another. tensive amounts of taxpayer funds. ing substantial cash for their own These are such clear examples of I hope all colleagues will look at the country, and the Iraqi treasury is now abuse that no matter what one says, report issued by the inspector general expected to have a surplus of around you have to say this is unacceptable. of the Department of the Interior. It $50 billion. The Government of Iraq is The inspector general found that be- provides a clear roadmap for how the accumulating a surplus of about $50 tween 2002 and 2006, nearly one-third of Congress ought to proceed in terms of billion currently, and it is estimated to the entire Royalty-in-Kind staff social- correcting these programs, ending the be $79, perhaps $79 billion by the end of ized with and received a wide array of pattern of abuse and mismanagement, the year. gifts and gratuities from oil and gas and changing the channel from the cur- Contrast that with this country. Iraq companies with which the Royalty-in- rent horror show of mismanagement is pumping oil, 2 million barrels a day, Kind Program was conducting official and misconduct at the Minerals Man- selling oil. We go up to the gas pump business. We are talking about 135 oc- agement Service. and put gas in our cars and pay money casions involving gifts and gratuities. I yield the floor and suggest the ab- that ends up in Iraqi banks. In fact, They went on to say that the inspector sence of a quorum. that Iraqi money is in the Federal Re- general discovered a culture of sub- The ACTING PRESIDENT pro tem- serve Bank in the United States. Mean- stance abuse and promiscuity in the pore. The clerk will call the roll. while, Americans are paying high Royalty-in-Kind Program, alcohol The bill clerk proceeded to call the prices for oil, part of which ends up in abuse associated with the program, roll. Iraqi coffers, and Iraq has about $50 bil- where there was socializing by staff Mr. DORGAN. I ask unanimous con- lion, while we are up to our neck in with the industry. sent that the order for the quorum call debt. It is unbelievable. We have a fis- I have suggested two steps today that be rescinded. cal policy that is wildly out of control. strike me as obvious changes that The ACTING PRESIDENT pro tem- We are going to borrow $600 to $700 bil- should be put in place. First, there pore. Without objection, it is so or- lion this year. We are spending money needs to be an effort to clean house at dered. for reconstruction in Iraq. the Minerals Management Service so Mr. LEVIN. Will the Senator yield Let me show a picture of something that we get these practices behind us. for a question? called the Whale. The Whale is a facil- We also have to get back in the serious Mr. DORGAN. Yes. ity that has been built in Iraq, and it is business of auditing these programs Mr. LEVIN. Could we have a time set a facility called the Kahn Bani Sa’ad where millions and billions of dollars for the Senator’s presentation? Can he prison. If we take a look at this pic- are involved. give us an idea about how long he ture, we see bricks falling all over, an I want to commend particularly the would be? unbelievable mess. This doesn’t look inspector general of the Department of Mr. DORGAN. I would expect to be like a building. It looks like a con- the Interior for his outstanding work about 15 minutes. Is there some inter- struction site that is under substantial in putting together this report. This is vening business the Senator wishes to disrepair. one of a series of reports that the in- conduct? Let me tell the story about the Kahn spector general has issued in this area. Mr. LEVIN. That is helpful. I wonder Bani Sa’ad prison. Our Government I and the chairman of the Energy Com- if Senator DORGAN could be recognized told them that they had to build this mittee, Senator BINGAMAN, have for 15 minutes. I will ask unanimous prison. We are going to build this with worked closely with colleagues to try consent to extend it, if necessary, but American money. The Iraqi said: We to get these changes put in place. Sen- it will give us an idea how we can pro- don’t need this prison. We won’t use ator BINGAMAN in particular has of- ceed, and then I ask unanimous con- this prison. If you are going to build it, fered a number of promising legislative sent that following Senator DORGAN, it is built in the wrong location, but we changes to deal with the royalty issue. the Chair recognize the managers. don’t want this built. I wanted colleagues to know in par- The ACTING PRESIDENT pro tem- The American Government said: We ticular about this Office of Inspector pore. Without objection, it is so or- are going to build this prison. They General inquiry into the Minerals Man- dered. contracted with Parsons Corporation agement Service, given the debate that Senator DORGAN is recognized for 15 for $30 million. My understanding is is about to begin in the Senate. minutes, and then the managers will be that after spending $30 million, they We will be, as far as I can tell, spend- recognized. actually got rid of that contractor and ing much of the remainder of this ses- Mr. DORGAN. I thank Senators brought another contractor in and sion talking about these and similar LEVIN and WARNER for their leadership spent another $10 million. Here it sits. programs. I happen to think it is pos- on the Defense authorization bill and They call it the Whale. It sits on the sible for us to do our work in a bipar- the Armed Services Committee which sands of Iraq, paid for with American tisan fashion, get in place energy brings to us the Defense authorization taxpayer money, never used, will never changes that will allow us, in the area bill. They held a hearing on the subject be used. It is shoddy construction,

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.047 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8247 bricks are falling apart. It is unbeliev- Brown & Root providing water—to the Now, let me provide some evidence of able. It is a hood ornament on incom- military bases in Iraq. The allegation all of this. petence in my judgment, the Whale. has been since sustained, by the way, The New York Times of August 6, How much more of this should we do? by the inspector general’s report. that is last month: I have spent a career on the Senate Mr. WARNER. Mr. President, I do re- Soaring oil prices will leave the Iraqi gov- floor talking about how miserable the call very vividly the Senator coming ernment with a cumulative budget surplus of oversight has been with respect to before the Senate Armed Services Com- as much as $79 billion by year’s end, accord- these contractors. Here is one small mittee—I believe I was chairman at ing to an American federal oversight agency. But Iraq has spent only a minute fraction of but illustrative example. A contractor that time—— Mr. DORGAN. I say to the Senator, that on reconstruction costs, which are now was supposed to be buying towels for largely borne by the United States. you were the chair of the hearing the troops, little hand towels, Kellogg, Does this make sense? Does anybody Brown & Root, a subsidiary of Halli- Mr. WARNER. For the purpose of bringing to the attention of the com- think this makes sense? We are deep in burton, buying hand towels for the debt. They have massive cash reserves troops. Henry Bunting, a purchasing mittee this very important issue. Mr. DORGAN. Mr. President, that they are building every single day by employee, is told: Buy hand towels for particular issue was the provision of pulling up 2 million barrels of oil and the Army. So he orders some white water to the military bases in Iraq. We selling it on the market, and we are hand towels. discovered the nonpotable water that told we should keep paying for these His supervisor said: You cannot do was sent to the bases for showering, costs? It does not make much sense to that. You have to buy hand towels with shaving, brushing their teeth was twice me. ‘‘KBR’’ embroidered on them, the name as contaminated as raw water from the A Government Accountability Office of the company. Euphrates River because the con- report to Congress from last month: He said: That will triple or quadruple tractor was not doing its job and not [From 2005 to 2007], the Iraqi government the price of these towels. was unable to spend all the funds it budg- His supervisor said: That doesn’t testing the water. Well, I will not go on. I could go on eted, especially for investment activities. matter. This is a cost-plus contract. at great length talking about the unbe- I am not talking about the surplus The taxpayers will pay for that. lievable waste. But what I do want to now. The surplus is that which is over So the towels ordered for American say is this: In recent months, what we the amount of money the Iraqi Govern- troops were towels with ‘‘KBR’’ em- have discovered is that in the county of ment was going to spend. They could broidered on them—Kellogg Brown & Iraq they are amassing a very substan- not spend the amount of money they Root—at triple or quadruple the cost tial amount of money. At the moment, decided to spend, and yet they have ac- to the American taxpayer. we believe it is $50 billion and expected cumulated large surpluses beyond that. There were $85,000 trucks left behind to grow to $79 billion in budget surplus Significant amounts of unspent money to be torched—brandnew $85,000 trucks in their bank accounts by the end of from the 2006 and 2007 Iraqi budgets remain left beside the road in Iraq to be this year. available for further infrastructure invest- torched—because they had a flat tire, It seems to me from an infrastruc- ment by the Government of Iraq. they did not have a wrench to fix it, or ture standpoint it is time—long past That is from the Special Inspector had a plugged fuel pump and they did the time, in fact—for Iraqis, who have General for Iraq Reconstruction Report not have the tools to fix it. These money in the bank—and a lot of it—to to us dated July 30. weren’t dangerous areas where there begin providing their own needs and in- Iraq Deputy Prime Minister Salih was a concern about being attacked. frastructure and investment. It is in- said, as noted in the special inspector These were pacified areas where a re- teresting to me and somewhat depress- general’s report to Congress on July 30: pair could have been made. But the de- ing, I would say, that in this year we Iraq does not need financial assistance. cision was to just have the truck are building somewhere close to 950 ‘‘Iraq does not need financial assist- torched, because taxpayers could just water projects in the country of Iraq. ance.’’ buy new ones. Let me say that again: about 950 water This is just another example of that You think these are stories that are projects in the country of Iraq—with which I have held 17 hearings on. This wild? No. That is just the beginning. I American taxpayers’ money at the is an April 30, 2006, article: have held 17 hearings on it. same time the President has rec- A $243 million program led by the United I say to Senator WARNER, he will re- ommended that we cut $1 billion out of States Army Corps of Engineers to build 150 call the day I came to the committee water project investment in this coun- health care clinics in Iraq has in some cases and testified about this issue. He will try. It does not make much sense to produced little more than empty shells of recall a General Johnson who testified me. crumbling concrete and shattered bricks ce- just after me and said: Senator DORGAN Now, here is what I propose. There mented together into uneven walls. . . . is wrong about this. Then he told you are three accounts for which we have This is a picture of a man named what he thought the truth was. It appropriated American taxpayers’ dol- Judge Al Radhi. Judge Al Radhi was turns out he deceived the committee. lars in which a substantial amount of selected by us, by the Coalition Provi- That General Johnson is now under that is as yet unspent and, in fact, a sional Authority, by Mr. Bremer, to be investigation by the Secretary of De- substantial amount unobligated. I be- the Commissioner of Public Integrity fense. I asked the Inspector General to lieve when we have some billions of in Iraq. He found $18 billion of graft look into the testimony—my testi- dollars that have previously been ap- and corruption. He found examples mony and his. Several weeks before propriated but are unobligated, that at where we appropriated money for Iraq General Johnson came before the this point—given the fact that Iraq has to buy airplanes, warships, and tanks, Armed Services Committee, the Inspec- substantial surpluses and we have sub- and there are no airplanes, warships, tor General had furnished a report, an stantial deficits, given the fact that we and tanks purchased with that money. interim report, to the military saying have spent somewhere now over two- The money is gone, but the equipment exactly the opposite of what General thirds of a trillion dollars in the pur- does not exist. By the way, one of the Johnson told the Armed Services Com- suit of the war in Iraq and Afghanistan, Ministers from the Government is now mittee. and so much of it has been infrastruc- living in a plush place overseas, and I appreciate the fact that Senator ture investment in addition to replen- the money apparently is in a Swiss WARNER held that hearing, and I also ishment of the military accounts—I be- bank. This man, by the way, was not appreciate the fact that Secretary lieve it is time for us to take at least even supported by our own State De- Gates is now investigating because, if a baby step and say: Do you know partment. Eventually, the Iraqi Gov- anything, we desperately need people what. With respect to that which has ernment wanted to get rid of him, and who come to this Congress to testify to been appropriated but is yet unobli- they did. A substantial number of the tell the truth and not deceive the Con- gated, it is time to ask the Iraqis to people who worked for him were assas- gress. That particular issue was a pay for the cost of this with their sur- sinated. They tried to kill him a couple water issue that was providing water— plus that sits in a Federal Reserve of times. He came. He had the courage this was Halliburton and Kellogg bank. to come and testify before a committee

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.048 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8248 CONGRESSIONAL RECORD — SENATE September 10, 2008 hearing that I requested before the Mr. LEVIN. Mr. President, I com- Again, I thank both the chairman Senate Appropriations Committee. mend the Senator from North Dakota. and the ranking member for their work He said $18 billion was taken—most This subject, which he has described, is on these issues. I am well aware of the of it American money. He talked about a subject which every American—at letter they wrote some months ago. the Ministers who took it and where least those I have spoken to—under- Mr. WARNER. Mr. President, if I they are now and the tanks and ships stands. Regardless of their position on might add, I appreciate the sentiments and planes that were supposed to have the Iraq war, regardless of whether of both of my colleagues. It has been a been purchased with our money that they believe we did the right thing joint effort by Senator LEVIN and me. did not exist. The money is gone. The going in, regardless of whether they Mr. President, I ask unanimous con- equipment does not exist. are critics of the Bush administration’s sent to have the letter we prepared Well, Mr. President, that is a long policies, this cuts across every single printed in the RECORD after this col- way of saying that, obviously, I am im- line. I have not talked to anybody, at loquy. patient about all of these issues, hav- least in my State of Michigan, who be- The ACTING PRESIDENT pro tem- ing held a lot of hearings on all this. lieves that when Iraq has $80 billion in pore. Without objection, it is so or- My colleague, Senator LEVIN, has spo- surplus funds sitting in banks, some of dered. ken of this issue often, recently, and which are our banks drawing interest (See exhibit 1.) going back some long while on the sub- from our taxpayers—we have paid bil- Mr. WARNER. I wish to also bring to ject of who should bear these costs. lions of dollars in interest on Iraqi sur- the Senator’s attention—he already If the Iraqi Government has substan- plus accounts coming from sales of oil, knows, but those following the debate tial amounts of money in bank ac- much of which comes to America, should have been advised that this let- counts in surplus—$50 billion now and much of which ends up in our tanks at ter prompted a GAO study, and that $75, $79 billion by the end of the year— $4 a gallon, enriching themselves at the study, which was released recently, re- should they not bear the cost of some expense of the American taxpayers. of their own reconstruction rather ceived widespread attention, not only Why in heaven’s name they are not here in the Senate and in the House of than continue to ask—after 5 long paying for the kinds of items which years—the United States, which is deep Representatives but throughout the Senator DORGAN has described beats Government and other circles. So I in debt, to have to bear this cost and me and I think it absolutely stuns at bear the burden? The answer clearly is would say we are well along in achiev- least every American I have spoken to ing some—what I would call better ac- yes. We ought to ask Iraq to do more. when they hear about it. This cuts Now, I am going to offer an amend- counting for these dollars, better con- across all the positions on the war and ment. I am not asking us to take a trol over the expenditures. the success of the surge or the lack of giant step. But let’s at least take a We have heard that the report is pre- baby step in the right direction, a rea- success because it hasn’t accomplished pared by Stuart Bowen, whom I see sonable step toward common sense, to its purposes. regularly, three or four times a year, This issue is a critically important say: Do you know what. We are off- and I know my colleague and others issue. It is shocking. It is track in fiscal policy. We have an unbe- feel likewise. I have a high regard for unsustainable, it is untenable, it is un- lievable mess, and it is time to start the work he and his staff have done conscionable that Iraq is not paying for through the years with that report. taking a look at some of this spending the kinds of reconstruction efforts the and using a deep reservoir of common There was a time when there were ele- Senator has described. ments of the Government—I won’t get sense on this issue. At this point in Senator WARNER and I wrote a letter into specifics—which wanted to abolish time it is reasonable for us to say if the some months ago, and we received a re- that department. I think the Senator county of Iraq is selling 2 million bar- sponse on this subject which provides a from Michigan remembers that. We rels of oil a day, amassing very large lot of the information to which Sen- stepped in and said in very simple lan- amounts of surplus in their treasury, ator DORGAN has referred. I commend guage: No way; they are going to con- we ought to be relieved of the burden of Senator WARNER because he has been using American money to build infra- active in trying to probe this area: How tinue. structure in Iraq that could easily, and many surplus funds are there and how Mr. DORGAN. Mr. President, if the should be, built with Iraqi money. much is being added every day and Senator will yield for a question or It is not the case of us abandoning what are they being spent for? So we comment, I think the special inspector the Iraqi Government. But it is the have been able to accumulate a lot of general, Stuart Bowen, has done a ter- case of saying we ought to expect them information which I believe will be rific job. I would commend all of my to do for their own, which they can. very supportive of an amendment colleagues to take a look at the reports Again, I just refer to the comment that which Senator DORGAN may offer and the special inspector general has was made by the Deputy Prime Min- hopefully will put in a form which can issued. They are unbelievably valuable ister of Iraq, who said: command bipartisan support of the to us. Iraq does not need financial assistance. Senate. The Senator is correct. There were That ought to be an invitation, fi- Mr. DORGAN. Mr. President, if I some who were pushing very hard to nally, at long last, for us to use some might just make an observation, let me eliminate the special inspector general, common sense in the way we begin to also thank Senator WARNER from Vir- and it was the fight waged by Senator address these issues. ginia for his work on this, and the Sen- LEVIN and Senator WARNER to say that There are appropriated funds that are ator from Michigan, and say that this would not make sense at all. So I ap- as yet unspent and unobligated. It publication—and I know the two of you preciate the work of Inspector General seems to me appropriate for us at this have been very supportive of it—by the Bowen, and I appreciate the work of point to begin to look at finding ways special inspector general for Iraq—this my colleagues. to decide that those funds, rather than is dated July 30, so it is 2 months ago, EXHIBIT 1 being spent and burdening the Amer- a month and a half old. This publica- U.S. SENATE, ican taxpayer, should be covered by the tion has some unbelievable informa- COMMITTEE ON ARMED SERVICES, surpluses that exist in bank accounts tion in it about what is necessary, Washington, DC, March 6, 2008. with the name of the county of Iraq on what kinds of expenditures exist in the Hon. DAVID M. WALKER, the account. major reconstruction accounts. There Comptroller General of the United States, Mr. President, I intend to work with is at the moment $7 billion in the three Washington, DC. my colleagues on the amendment I will reconstruction accounts that is DEAR MR. WALKER: Nearly five years ago, offer. But I did want to describe the unspent and unobligated. on March 27, 2003, then Deputy Secretary of reason for it today. I appreciate very As I move this amendment, I wish to Defense Paul Wolfowitz, in testimony before the Defense Subcommittee of the House Ap- much the time offered to me by the work with both of you to see if we can propriations Committee, was asked whom he chairman and ranking member. construct the amendment in a manner expected would pay for the rebuilding of The ACTING PRESIDENT pro tem- that meets your needs and my needs Iraq. He answered that ‘‘there’s a lot of pore. The Senator from Michigan is because I believe this will make real money to pay for this. It doesn’t have to be recognized. progress. U.S. taxpayer money. And it starts with the

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.050 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8249 assets of the Iraqi people . . . the oil reve- LEVIN and Senator WARNER and the system that may well be comparable in nues of that country could bring between 50 staff and other members of the Armed some aspects for a far less investment and 100 billion dollars over the course of the Services Committee who have worked than we put into it. next two or three years. . . . We are dealing hard to produce a bill that I think does So those are things we face in the with a country that can really finance its world today. I think a wise nation, a own reconstruction and relatively soon.’’ the job pretty well to meet the chal- In fact, we believe that it has been over- lenges we have and at the same time mature nation understands that you whelmingly U.S. taxpayer money that has has bipartisan support, which is impor- have to be prepared, that you have to funded Iraq reconstruction over the last five tant for passage as it is one of the re- be ready to defend your values, and years, despite Iraq earning billions of dollars alities of this Senate. So I think we that allowing nations that do not share in oil revenue over that time period that have done fairly well. our values to achieve military parity have ended up in non-Iraqi banks. At the I wish to share some thoughts about or advantage is not a good thing. same time, our conversations with both some issues in general. I wish to share, along those lines, a Iraqis and Americans during our frequent I think it was Fareed Zakaria who resolution I will be offering. It will be visits to Iraq, as well as official government wrote a book not too long ago noting to call on this Senate to exercise its and unofficial media reports, have convinced us that the Iraqi Government is not doing that perhaps we had reached the end of prerogative to make a statement nearly enough to provide essential services history or beyond history. I understand through a sense-of-the-Senate resolu- and improve the quality of life of its citizens. he has since indicated that is not a via- tion that we affirm the action taken by According to the U.S. Department of ble philosophy anymore. I saw the the Czech Republic and Poland to ac- State’s Iraq Weekly Status Report for Feb- cover, I believe, in the Weekly Stand- cept and participate in our goal of es- ruary 27, 2008, the Iraq Oil Ministry goal for ard recently which said: ‘‘The Return tablishing a third site for missile de- 2008 is to produce 2.2 million barrels per day of History.’’ History teaches us that fense in Europe. Missiles launched by (MBPD). To date through the 24th of Feb- this is a dangerous world. We wish it Iran would pass over Europe before ruary, the 2008 weekly averages have ranged from a low of 2.1 MBPD to a high of 2.51 were not so. We wish we did not have to they reached the United States. Truly, MBPD, missing that goal for one week only. have a Defense Department. We wish Iran does not have that capability Exports are over 1.9 MBPD, with revenues es- there were no such thing as war. I re- today, but our intelligence experts tell timated at $41.0 billion in 2007 and $9.4 bil- spect people who are prepared to be us they are moving forward with lion in 2008 year to date. total pacifists in their lives, but for progress toward that goal. They also Extrapolating the $9.4 billion of oil reve- most of us who lack that kind of faith, seem totally unrepentant with regard nues for the first two months of 2008 yields we believe we have to be prepared to to their determination to build nuclear an estimate of $56.4 billion for all of 2008. defend our legitimate national inter- weapons, which is even more problem- And that figure will probably be low given the predictions for oil prices to continue to ests around the globe and do those atic as we think about the possibility rise over the coming year. In essence, we be- things with courage and fidelity and to that they could launch a nuclear weap- lieve that Iraq will accrue at least $100.0 bil- think ahead, to be prepared, and that on attack against our allies or even lion in oil revenues in 2007 and 2008. peace is most often accomplished against the United States. Central Eu- We request you look into this matter and through strength. I believe we have a rope represents a good location to provide answers to the following questions: pretty good recognition of that in this place another missile defense system. What are the estimated Iraqi oil revenues bill, and that is why I support it out of I heard someone suggest: Well, the each year from 2003–2007? committee. Russians have a right to be concerned. How much has Iraq and the United States, respectively, spent annually during that I wish to note the unease we have We were concerned when the Russians time period on training, equipping and sup- seen in some of the nations of the put missiles in Cuba. But, of course, porting Iraqi security forces, and on Iraq re- world. We know about the rogue na- those were offensive nuclear weapons construction, governance, and economic de- tions. But it has been very troubling, I designed to kill people. What we are velopment? have to say, what Russia is doing talking about is operating with inde- What are the projections for oil revenue today. It seems in their statements, in pendent, sovereign nations to put a and spending for 2008? their comments, in their actions, and system up that would have limited ca- What is the estimate of the total Iraqi oil in their military aggression that they pability to protect us from missile at- revenue that has accumulated unspent from 2003–2007, and the expected estimate at the are not seeking to align themselves tack. It has no offensive capability. It end of 2008? with nations of good will that seek to is a defensive, peacekeeping weapons How much money does the Iraqi Govern- work in ways that avoid military con- system. ment have deposited, in which banks, and in flict, that act in ways that are just and For reasons that go beyond my com- what countries? fair to their neighbors. So that is a big prehension, the Russians have appar- Why has the Iraqi Government not spent problem, some of the things they have ently felt that they have a right to de- more of its oil revenue on reconstruction, been saying to the Czech Republic and cide what the people of Poland do or economic development and providing essen- Poland about missile defense; some of what the people of the Czech Republic tial services for the Iraqi people? do. They are going to tell them that Your assistance in this matter would be the threats they have raised toward appreciated. the Baltics; the military attack they they can’t have such a system. They at Sincerely, launched in Georgia, their rhetoric in one time were under the Soviet boot, JOHN WARNER, Georgia; their rhetoric toward the so now the Russians have a right to tell Member. United States represents almost bi- them that they can’t—as an inde- CARL LEVIN, zarre activity. That is something I had pendent, sovereign, democratic Na- Chairman. hoped wouldn’t happen. I think Presi- tion—make a decision that is in their The ACTING PRESIDENT pro tem- dent Bush has done everything he interests and in the world’s interests pore. The Senator from Michigan has could, saying that he divined in exam- and in Europe’s interests and in the floor. ining Mr. Putin that he had a good NATO’s interests to place a limited Mr. LEVIN. Mr. President, I note the heart, but it looks as if that heart is— missile defense system there. What absence of a quorum. if it was good then, it is getting darker kind of mentality is that? I say that The ACTING PRESIDENT pro tem- and darker today. I just wish it weren’t because that ought to give us concern pore. The clerk will call the roll. so, but I am afraid it is so. in this body. We ought to be concerned The bill clerk proceeded to call the We are looking at what is happening about that kind of mentality. It spilled roll. in China, whose economy continues to out in a military attack in Georgia. It Mr. SESSIONS. Mr. President, I ask grow. There is a very nationalistic im- was not coincidental that while the unanimous consent that the order for pulse in China. Their military is grow- Russian troops were still attacking in the quorum call be rescinded. ing at a rapid pace. It is techno- Georgia, high Government officials The ACTING PRESIDENT pro tem- logically advanced. We spend billions from Poland and the Ukraine and, I be- pore. Without objection, it is so or- and billions of dollars on developing lieve, Estonia came to Georgia and dered. weapons systems and research and de- stood with them because they have a Mr. SESSIONS. Mr. President, I wish velopment. Too often, China steals real sense that they might be next. to express my appreciation to Senator that information and then produces a They have not forgotten what Mr.

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We were at a NATO conference government reach maturity in Iraq—a objection, it is so ordered. not too long ago, and one nation that decent and good government that is a AMENDMENT NO. 5414 had been under the Soviet Communist positive force in the world, and like- Mr. KYL. Madam President, I send an boot, in response to that, and after our wise in Afghanistan. amendment to the desk for myself and discussion, said they thought that may I think we should be prepared as a Senators VITTER, INHOFE, MARTINEZ, have not been the worst thing in the Senate to affirm the action of Poland WARNER, and LEVIN. 20th century. They said they thought it in recent weeks to approve the deploy- The PRESIDING OFFICER. Without was the best thing that happened in ment of 10 missile interceptors in Po- objection, the pending amendment is the 20th century. That is the kind of land. That could be effective against an set aside. reality we are dealing with in the Iranian attack or maybe a mistake. It The clerk will report. world. It tells us we are not beyond his- would not be enough to stop the hun- The legislative clerk read as follows: tory. History is here. It has not gone dreds of missiles the Russians have, for The Senator from Arizona [Mr. KYL], for away. Heaven’s sake. It would not be able to himself, Mr. VITTER, Mr. INHOFE, Mr. MAR- We need to be very smart about how do that, but it would be able to protect we utilize our limited financial re- TINEZ, Mr. WARNER, and Mr. LEVIN, proposes Europe, and even the United States, an amendment numbered 5414. sources to prepare ourselves for the fu- from the long-range missiles that Iran ture. These are problems we have to Mr. KYL. Madam President, I ask is striving to build right now. It is also unanimous consent that reading of the think about. Of course, we have the im- a good way to bind our countries in mediate threat of terrorism. We know amendment be dispensed with. mutual security and mutual interests, The PRESIDING OFFICER. Without the history of the attacks on the and it affirms the Czechs’ and the United States, on our warship, the USS objection, it is so ordered. Poles’ commitment to democracy and The amendment is as follows: Cole, in a neutral harbor; marines have freedom, to the Western way of life, to been attacked; the Khobar Towers—by the values we share, and a rejection on (Purpose: To make available from Research, Development, Test, and Evaluation, De- a group of people whose stated objec- their part of terrorism and bullying. tive was to destroy us. Bin Laden de- fense-wide activities, $89,000,000 for the ac- We will be offering that resolution, and tivation and deployment of the AN/TPY–2 clared war on the United States. That I will talk more about it. forward-based X-band radar) is what he said on his Web site—that We also need to be sure that we fol- At the end of subtitle C of title II, add the he was at war with us. He killed so low through on the authorization to following: many of our people on 9/11, and de- send this bill and actually see that the SEC. 237. ACTIVATION AND DEPLOYMENT OF AN/ stroyed the trade towers and attacked money gets appropriated in the next TPY–2 FORWARD-BASED X-BAND our own Pentagon, our own military aspect of Defense spending. For exam- RADAR. headquarters right here in the United ple, I will note that our committee, I (a) AVAILABILITY OF FUNDS.—Subject to States. Is that not an act of war? Is am most proud to say, has fully funded subsection (b), of the amount authorized to be appropriated by section 201(4) for re- that not consistent with a desire to de- and given the authorization to fund the stroy the United States? They had the search, development, test, and evaluation, site for the Czechs and the Poles, who Defense-wide activities, up to $89,000,000 may Capitol or the White House in their have supported the President’s request be available for Ballistic Missile Defense sights, had it not been for the Amer- in that regard. I think it was a very Sensors for the activation and deployment of ican heroes who took that plane down important decision on our committee. the AN/TPY–2 forward-based X-band radar to in Pennsylvania. So I guess we have to Other committees of the Congress that a classified location. prepare for that. I wish it weren’t so. I have relevant jurisdiction to put out (b) LIMITATION.— wish we could sit down with these ter- the money have not been as supportive. (1) IN GENERAL.—Funds may not be avail- able under subsection (a) for the purpose rorists and have a few hours of discus- I am proud that our committee has sion and reach some accord that would specified in that subsection until the Sec- been. It is important for these other retary of Defense submits to the Committees result in us not having to prepare to committees—it is important in the on Armed Services of the Senate and the spend billions of dollars to defend our geopolitical world we are in that our House of Representatives a report on the de- interests around the world, and they friends, our allies, free sovereign na- ployment of the AN/TPY–2 forward-based X- would stop attacking us. But that is tions, Poland and the Czech Republic, band radar as described in that subsection, not likely to happen. That is not going have stood up to pressure from Russia including: to happen in the short term. and they have stood up to leftist com- (A) The location of deployment of the President Bush was right, fundamen- radar. plaints, and they have agreed to deploy (B) A description of the operational param- tally, in his decision that we would not this system. sit on defense and wait to be attacked eters of the deployment of the radar, includ- We ought to affirm it with a strong ing planning for force protection. again. He made a fundamental decision vote on this resolution and, ultimately, (C) A description of any recurring and non- that the best way to preserve, protect, in passing an appropriation that is ade- recurring expenses associated with the de- and defend the United States of Amer- quately funded. It is not going to be ployment of the radar. ica is for our military to quit being on difficult to put this system in place. It (D) A description of the cost-sharing ar- the defensive and allowing terrorists to would require some little differences in rangements between the United States and be treated as a law enforcement prob- the missile system. We need a two- the country in which the radar will be de- ployed regarding the expenses described in lem and, after they attack you, you see stage instead of a three-stage rocket. if you cannot investigate and figure subparagraph (C). That is not hard to adjust to. But the (E) A description of the other terms and out who it is and perhaps prosecute main guidance systems, the high tech- conditions of the agreement between the somebody. We needed to defend Amer- nology, would be the same. We are on United States and such country regarding ica and stop the attacks before they track to do this. the deployment of the radar. came. That is what I believe history Our bill that Senators LEVIN and (2) FORM.—The report under paragraph (1) will give him high marks for. It has WARNER have moved forward to the shall be submitted in unclassified form, but been going on 6 or 7 years and we have floor does the right thing. I hope this may include a classified annex. not had another attack on this coun- Congress will explicitly express our ap- Mr. KYL. Madam President, I express try. It has been a challenge for us. We preciation to the Poles and Czechs and my strong support for the amendment have called on our military to perform reaffirm our commitment to finan- I offered on deploying an advanced to the highest level. We have sent them cially complete that project. early warning radar to an allied coun- time and again into dangerous places. I see other colleagues here. I yield try from near term ballistic missile We have extended their deployment. the floor. threats.

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.053 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8251 This is a commonsense amendment such as Iran are dangerous and rep- Mr. LEVIN. Madam President, I ask and I hope it receives wide, bipartisan resent a vital threat to our own secu- unanimous consent that the yeas and support from my colleagues. rity and the security of our allies. nays be vitiated on the amendment. We all know what other countries are Iran possesses ballistic missiles and The PRESIDING OFFICER. Is there developing: We are now living in a is rapidly developing more advanced, objection? world in which at least 27 nations have long-range missiles. Without objection, it is so ordered. ballistic missile capability, and the The U.S. must act responsibly, take Mr. LEVIN. Madam President, I sug- knowledge to build and use them is this threat seriously, and take the nec- gest the absence of a quorum. rapidly proliferating. essary steps to protect our deployed The PRESIDING OFFICER. The Most recently, Iran’s clumsy missile forces and our allies. clerk will call the roll. test earlier this summer may not have Madam President, I thank Senator The legislative clerk called the roll. demonstrated new technology, but it LEVIN and Senator WARNER for their Mr. LEVIN. Madam President, I ask certainly demonstrated the desire to be cooperation in considering this amend- unanimous consent that the order for in the club of the nations with ballistic ment. This is a rather last-minute re- the quorum call be rescinded. The PRESIDING OFFICER. Without missile and weapons of mass destruc- quest. The committee would not have objection, it is so ordered. tion capability. As the latest IAEA re- been able to put it in the bill because port informed us, the Iranian missile the request came up very recently from AMENDMENT NO. 5323 threat is real and growing. the Department of Defense. There is Mr. LEVIN. Madam President, is the General Obering, director of the Mis- still an aspect of it that is classified. It pending amendment now the Leahy sile Defense Agency, offered compelling has to do with the deployment of an X- amendment No. 5323? illustrations of this growing threat in band missile defense radar to an allied The PRESIDING OFFICER. Yes, it is. Mr. LEVIN. I don’t know of any fur- his testimony earlier this year to the country. This amendment will allow the administration to go forward with ther debate. Senate Armed Services Committee: The PRESIDING OFFICER. If there that plan. I understand there is no op- ‘‘Iran continues to pursue newer and is no further debate, the question is on position. I don’t need to discuss it fur- longer-range missile systems and ad- agreeing to amendment No. 5323. vanced warhead designs.’’ ther. The amendment (No. 5323) was agreed Mr. WARNER. Madam President, I ‘‘Iran is developing an extended- to. range version of the Shahab-3 that commend our distinguished colleague Mr. LEVIN. I move to reconsider the could strike our allies and friends in for this amendment. It is one that was vote. the Middle East and Europe as well as specifically requested by the adminis- Mr. KYL. I move to lay that motion our deployed forces. It is developing a tration. I think in a most cooperative on the table. new Ashura medium-range ballistic way, our distinguished chairman has The motion to lay on the table was missile capable of reaching Israel and joined in. It relates to the missile de- agreed to. fense system which is so essential to U.S. bases in Eastern Europe.’’ AMENDMENT NO. 5280 ‘‘Iranian public statements also indi- our Nation and indeed much of the free Mr. LEVIN. Madam President, I ask cate that its solid-propellant tech- world. unanimous consent that the Senate re- The PRESIDING OFFICER. The Sen- nology is maturing; with its signifi- sume consideration of the Vitter ator from Michigan is recognized. cantly faster launch sequence, this new amendment No. 5280 and that all de- Mr. LEVIN. Madam President, I missile is an improvement over the liq- bate time be yielded back, except for 2 thank Senator KYL for not just the uid-fuel Shahab-3.’’ minutes equally divided; and that at 6 amendment but his willingness to work The amendment offered provides p.m., the Senate proceed to vote in re- to craft the language in a way that I funding for the Missile Defense Agency lation to the Vitter amendment; that think has improved it, narrowed it in a to deploy an early-warning X-band mis- upon disposition of the Vitter amend- number of ways, but also meets the sile defense radar to an allied nation, ment, the Senate resume consideration needs of the Defense Department and which press reports have noted was of the Nelson amendment and proceed agreed to in meetings with senior DOD our allies. Mr. WARNER. Madam President, I to vote with respect to that amend- leaders and the allied nation’s defense ment, provided that the 2 minutes of leaders. Due to the sensitive nature of urge consideration of the amendment. The PRESIDING OFFICER. Is there debate be made available prior to the preparations for this deployment, de- vote; and that the other provisions of tails concerning the specific location further debate? If not, the question is on agreeing to the previous order governing prohibi- and operational concept have not been tion on intervening amendments prior publicly revealed. the amendment. The amendment (No. 5414) was agreed to a vote and any other appropriate re- However, spokesman for the Missile to. strictions remain in effect. Defense Agency said the new system Mr. WARNER. I move to reconsider The PRESIDING OFFICER. Is there could double or even triple a threat the vote. objection? missiles’ range of identification, which Mr. LEVIN. I move to lay that mo- Mr. WARNER. Madam President, re- would be particularly useful should tion on the table. serving the right to object, and I will countries such as Syria or Iran launch The motion to lay on the table was not object, I think we should either an attack against a critical allied na- agreed to. order the rollcall votes now or inform tion. The PRESIDING OFFICER. The Sen- colleagues there will be rollcall votes. The new capability will improve the ator from Michigan is recognized. Mr. LEVIN. I believe when we say the allied nation’s missile defense. capa- Mr. LEVIN. Madam President, I ask Senate proceed to vote at 6 o’clock— bility, allowing it to engage threats that Senator LEAHY’s amendment No. the unanimous consent request does in- such as the Iranian Shahab-3 ballistic 5323 be considered. tend to provide for rollcall votes on missile. A defense security expert said The PRESIDING OFFICER. Without both amendments described. I thank the significance of the deal is that it objection, the amendment is once my friend from Virginia for that clari- will add ‘‘precious minutes’’ to its again pending. fication. early warning ability. The Senator from Virginia is recog- Mr. WARNER. I want my colleagues The newly deployed early warning nized. fully informed. radar will also provide an important Mr. WARNER. Madam President, on Mr. LEVIN. I also ask unanimous element of the U.S. missile defense net- this side, I saw that the amendment consent that it be in order to request work, providing ascent and mid-course was sent to the Judiciary Committee. the yeas and nays at this time. coverage of missiles, launched from The distinguished Senator from Ala- The PRESIDING OFFICER. With re- Iran, as well as the eastern Mediterra- bama, Mr. SESSIONS, reviewed it. I spect to both amendments? nean. know of no request for a recorded vote. Mr. LEVIN. With respect to both Mr. President, this amendment is The PRESIDING OFFICER. The yeas amendments. common sense and I urge my col- and nays have been ordered on the The PRESIDING OFFICER. Is there leagues to support it. Rogue nations amendment. objection?

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.009 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8252 CONGRESSIONAL RECORD — SENATE September 10, 2008 Mr. WARNER. No objection. fending our country, keeping America portant, we are told that the most seri- The PRESIDING OFFICER. Without free. Here is what last year’s July 2007 ous threat to our country—we are told objection, it is so ordered. National Intelligence Estimate says. by intelligence estimates—is al-Qaida, Mr. LEVIN. I ask for the yeas and This is the declassified version of what which is growing in strength. So here nays on both amendments. had previously been and what was a we go again. The PRESIDING OFFICER. Is there a classified intelligence estimate: In August of 2001, the Presidential sufficient second? There appears to be Al-Qaida is and will remain the most seri- daily brief said that Osama bin Laden a sufficient second. ous terrorist threat to the homeland . . . we wanted to: The yeas and nays were ordered. assess the group has protected or regen- Bring the fight to America; wanted to con- Mr. LEVIN. Madam President, we erated key elements of its homeland attack duct terrorist attacks in the U.S.; wanted to had a very brief discussion whether the capability, including: A safe haven in the retaliate in Washington; wanted to hijack a second vote will be a 10-minute vote. It Pakistan Federally Administered Tribal U.S. aircraft. is part of the order. Areas, operational lieutenants, and its top leadership. The August 2001 intelligence briefing The PRESIDING OFFICER. Is there to President Bush talked of ‘‘Patterns objection to the unanimous consent re- Think of that. In July 2007, 6 years of suspicious activity in this country quest? after America was attacked by Osama consistent with preparations for hi- Without objection, it is so ordered. bin Laden, and our National Intel- jackings or other types of attack.’’ It Mr. LEVIN. I thank all our col- ligence Estimate was telling us that said that ‘‘The FBI is conducting ap- leagues. I thank the Senator from organization has regenerated its lead- proximately 70 full field investigations North Dakota for his patience. ership, has developed new training throughout the United States that it The PRESIDING OFFICER. The Sen- camps, has, in fact, a secure hideaway. considers bin Laden related.’’ ator from North Dakota. This says ‘‘safe haven.’’ Can you imag- That was August of 2001. Seven years Mr. DORGAN. Madam President, the ine? Now it is 7 years after the attack, later, the greatest threat to our coun- bill on the floor of the Senate is the and our intelligence community still try is al-Qaida and its leadership. That Defense authorization bill. It has much says those who boasted of murdering is unbelievable to me. And we see, be- to do about the security of this coun- thousands of innocent Americans have ginning last year—and I have shown try, talking about ‘‘defense.’’ Tomor- a ‘‘safe haven.’’ There ought not be an my colleagues this before—beginning row will be the seventh anniversary of acre of ground on this planet that is last year, September 11: safe for those who murdered those in- the attacks on September 11, 2001. Al-Qaida’s Return. The Terrorists Have a I was sitting here thinking that on nocent Americans 7 years ago tomor- Sanctuary Once Again. that morning at 9 o’clock, I was part a row. October 3 last year: regular Tuesday morning meeting of Let me read what was said by Mr. the Democratic leadership here in the Ted Gistaro, who is the National Intel- Pakistan seen losing the fight against the ligence Officer for Transnational Taliban and al-Qaida. Military officials say Capitol Building. We saw on television the insurgents have enhanced their ability to what happened to the trade towers in Threats. Here is what he said in Au- threaten not only Pakistan, but the United New York. We heard the television re- gust: States and Europe as well. ports, and then we saw the plume of Al-Qaida remains the most serious ter- The same article says: smoke come from the Pentagon. Then rorist threat to the United States. We assess Pakistan’s government is losing its war someone from security rushed into the that al-Qaida’s intent to attack the U.S. homeland remains undiminished. Attack against emboldened and insurgent forces, room and indicated they felt there was giving al-Qaida and the Taliban more terri- an incoming plane to strike the Capitol planning continues. In spite of successful U.S.-allied operations against al-Qaida, the tory in which to operate and allowing the Building, and we were very quickly group has maintained or strengthened key groups to plot increasingly ambitious at- evacuated. That was 7 years ago tomor- elements of its capability to attack the tacks. row. United States in the past year. CIA Director Hayden, on ‘‘Meet the Standing in the beautiful morning This from our intelligence commu- Press’’ this year, just months ago, said sun that day looking up into the sky nity. this: and seeing F–16 fighter planes flying Finally: It is very clear to us that al-Qaida has been air cover over the Capitol of the United Al-Qaida has replenished its bench of able, over the past 18 months or so, to estab- States was a pretty remarkable sight, skilled midlevel lieutenants capable of di- lish a safe haven along the Afghanistan- knowing our country had been at- recting global operations. It now has many Pakistan border area that they have not en- tacked. Then in very short order we of the operational and organizational advan- joyed before; that they are bringing discovered who attacked our country tages it once enjoyed across the border in Af- operatives into that region for training. that day, who attacked the World ghanistan. Al-Qaida is identifying, training, I have flown over that area in an air- Trade Towers, who attacked the Pen- and positioning operatives for attacks in the plane. You can’t see a border. I under- tagon, who brought down the plane in west, likely including in the United States. stand you can’t distinguish between Pennsylvania. We discovered it was a All of this from top intelligence offi- Afghanistan and Pakistan. You look group called al-Qaida and a leader cials in our country. Seven years after down and see mountains and you see named Osama bin Laden who not only we were attacked by those who boasted rugged terrain. You don’t see any kind plotted the attack but boasted and about engineering and planning the at- of border. I understand how difficult it took credit for the attack. That was 7 tack to murder innocent Americans, might be to deal with al-Qaida in that years ago tomorrow. those who have promised to do it region. What I don’t understand is why Because we are talking about na- again, we are told by our national in- it has not been the singular priority of tional security in the Defense author- telligence folks that they have regen- our country to bring to justice those ization bill, I wanted to call my col- erated their capability, they have res- who planned the attacks against our leagues’ attention to the fact that on urrected their training camps, they are country on 9/11/2001. And if someone August 12, 2008, a speech was given here recruiting new recruits to al-Qaida, says it has been a priority, show me in Washington, DC, by the National In- and that the most significant threat to the evidence. Seven years later and we telligence Officer for Transnational the United States is al-Qaida, the most have ‘‘safe havens’’ or ‘‘secure areas,’’ Threats. He addressed the Washington serious terrorist threat to our home- both terms used by our intelligence to Institute Special Policy Forum. What land. describe areas of the ground on this he said in many ways tracks with what Now, I don’t understand. We are, of planet where it is safe and secure for we heard last summer from the Na- course, bogged down in a lengthy war al-Qaida to recruit new soldiers, to tional Intelligence Estimate. in the country of Iraq. Iraq did not at- train new soldiers, to plan new attacks Let me put up a chart with some tack our country on 9/11/2001; al-Qaida against our country. That is unbeliev- words from the National Intelligence did. We are bogged down in a war in able. Estimate because it is relevant to what Iraq. We see Afghanistan slipping In my judgment, it must be a pri- we are talking about here on the De- through our fingers with the resurrec- ority for us to deal with the most seri- fense authorization bill, that is, de- tion of the Taliban. And even more im- ous threat to our homeland. That is

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.055 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8253 not my assessment, that is the assess- threat to our homeland, and who is res- baby, drill—as if that were the solu- ment of the CIA Director and it is the urrecting training camps and recruit- tion. We should simply not allow our- assessment of the National Intelligence ing new soldiers for al-Qaida. It is our selves to become a part of the agenda Estimate. That simply must be a pri- responsibility as a country to address of the oil companies. Here we have an ority. that and to address it now. example from the inspector general of In August 2001 the intelligence com- Madam President, I yield the floor. what is supposed to be the Government munity said ‘‘Bin Laden is determined The Senator from Florida. watchdogs overseeing a part of this off- to strike U.S.’’ That is what we knew. DEPARTMENT OF INTERIOR IG REPORT shore leasing program that uses sex That is what U.S. leaders we were told Mr. NELSON of Florida. Madam and drugs and illegal gifts to foster in the intelligence briefings. In July President, yesterday, I warned publicly their program. 2007 the intelligence community told that we could not trust the oil compa- I commend to my colleagues the us: ‘‘Al-Qaida better positioned to nies that want to drill in the waters off three parts of the inspector general’s strike the west.’’ One would have our most protected coastlines nor the detailed report along with the memo- hoped, with the hundreds and hundreds Federal watchdogs charged with keep- randum which is the cover memo- of billions of dollars we have spent in ing a watchful eye over them. Now we randum from the inspector general, defense of this country and in this have proof because just this afternoon Earl Devaney, on the subject of the of- country’s national security interests, the inspector general at the Depart- fice of the inspector general investiga- that one of the major priorities would ment of the Interior has released this tion of the MMS, the Minerals Manage- have been to bring to justice those who scathing report about the Mineral ment Service, employees. plotted the attack of 9/11/2001. Regret- Management Service in the U.S. De- Madam President, I ask unanimous tably, that has not been the case. partment of the Interior and specifi- consent to have printed in the RECORD I hope very much, as we pass this leg- cally an office that manages revenue what is moving across the wire right islation, that things will change. We from offshore oil drilling, and it con- now, the Associated Press story by have very big challenges. A terrorist cludes: Dina Cappiello, about this expose. threat exists. It is serious. It is relent- We also discovered a culture of substance There being no objection, the mate- less. It seems to me we will best be abuse and promiscuity in the Royalty-in- rial was ordered to be printed in the Kind Program, both within the program—in- served not by moving—as we have now RECORD, as follows: cluding the supervisor, Greg Smith, who en- for 5 years—our money, our effort, our gaged in illegal drug use and had sexual rela- GOV’T OFFICIALS PROBED ABOUT ILLICIT SEX, treasury, and the lives of our soldiers tions with subordinates—and in concert with GIFTS to continue the war in Iraq but, rather, the industry. Internally, several staff admit- (By Dina Cappiello) by addressing the worsening condition ted to illegal drug use as well as illicit sex- WASHINGTON (AP).—Government officials in Afghanistan and addressing the ual encounters. Alcohol abuse appears to handling billions of dollars in oil royalties question of why we have not brought to have been a problem when program staff so- engaged in illicit sex with employees of en- justice Osama bin Laden and the al- cialized with the industry. For example, two ergy companies they were dealing with and program staff accepted lodging from indus- Qaida leadership that is in a safe or se- received numerous gifts from them, federal try after industry events because they were investigators said Wednesday. cure sanctuary in the Pakistan border too intoxicated to drive home or to their The alleged transgressions involve 13 Inte- area. hotel. These same program staff also en- rior Department employees in Denver and Now, Madam President, this country gaged in brief sexual relationships with in- Washington. Their alleged improprieties in- has a lot at stake, and the fight dustry contacts. Sexual relationships with clude rigging contracts, working part-time against terrorism is a real fight. We prohibited sources cannot, by definition, be as private oil consultants, and having sexual have made a lot of very serious mis- arm’s-length. relationships with—and accepting golf and takes in the last years. Mistakes aren’t The inspector general’s report goes ski trips and dinners from—oil company em- Republican or Democratic, they are on to say: ployees, according to three reports released Wednesday by the Interior Department’s in- just mistakes our country has made. More specifically, we discovered that be- tween 2002 and 2006, nearly one-third of the spector general. We are bogged down in a long, difficult The investigations reveal a ‘‘culture of entire program staff socialized with and re- war in Iraq. We have spent $20 billion substance abuse and promiscuity’’ by a small ceived a wide array of gifts and gratuities group of individuals ‘‘wholly lacking in ac- training Iraqi soldiers and police from oil and gas companies with whom the ceptance of or adherence to government eth- forces. We have trained half a million Royalty-in-Kind Program was conducting of- people in the country of Iraq. We have ficial business. While the dollar amounts of ical standards,’’ wrote Inspector General spent $20 billion doing it. We have the gifts and gratuities was not enormous, Earl E. Devaney. The reports describe a fraternity house at- these employees accepted gifts with pro- spent two-thirds of a trillion dollars in mosphere inside the Denver Minerals Man- digious frequency. In particular, two Roy- that war, and yet we are told we must agement Service office responsible for mar- alty-in-Kind Program marketeers received remain in Iraq because the Iraqi people keting the oil and gas that energy companies aren’t capable of providing for their combined gifts and gratuities on at least 135 occasions from four major oil and gas com- barter to the government instead of making own security. We have trained half a panies with whom they were doing business. cash royalty payments for drilling on federal million of them. If able-bodied Iraqis lands. The government received $4.3 billion This is in the offshore leasing pro- in such Royalty-in-Kind payments last year. don’t have the will to provide for secu- gram, Madam President. rity in Iraq, this country can’t do that The oil is then resold to energy companies or I continue the quote: put in the nation’s emergency stockpile. forever. It is their country, not ours. It . . . A textbook example of improperly re- Between 2002 and 2006, nearly a third of the is their responsibility, not ours. ceiving gifts from prohibited sources. When 55-person staff in the Denver office received This country was diverted to Iraq confronted by our investigators, none of the gifts and gratuities from oil and gas compa- when, in fact, this country should have employees involved displayed remorse. nies, the investigators found. been in a position where, 7 years after It is bad enough that the Govern- Devaney said the former head of the Den- the 9/11 attack of 2001, we wouldn’t be ment employees who oversee offshore ver Royalty-in-Kind office, Gregory W. Smith, used illegal drugs and had sex with describing Osama bin Laden and al- oil drilling are literally, as well as Qaida as the greatest threat to the subordinates. The report said Smith also figuratively, in bed with big oil. The steered government contracts to a con- homeland. But that is what has hap- rest of the U.S. Government doesn’t sulting business that was employing him pened. We can’t change what has hap- need to jump in bed with them. part-time. pened, but it seems to me what we can Offshore drilling will not solve our Smith, contacted by e-mail by The Associ- change is what we are determined to do energy crisis nor will it bring down ated Press, said he had not seen the report about it in the future. prices at the pump. Instead, it will en- and could not respond. He and nine other em- It is my hope, as we discuss in some rich the oil companies and reward the ployees in the Denver office are mentioned detail our national security and de- culture of corruption that has been fos- in the reports. fense, the authorization of Defense ex- The findings are the latest sign of trouble tered, funded, and now exposed by the at the Minerals Management Service, which penditures, that we will decide this is inspector general of the Department of has already been accused of mismanaging not Osama bin Forgotten; this is the Interior. the collection of fees from oil companies and Osama bin Laden, who threatens this This comes out at a time that we are writing faulty contracts for drilling on gov- country, who is the most significant being told: Drill here, drill now, drill, ernment land and offshore. The charges also

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.056 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8254 CONGRESSIONAL RECORD — SENATE September 10, 2008 come as lawmakers and both presidential taken down two of our monumental Instead, he committed the full force candidates weigh giving oil companies more skyscrapers, and taken a chunk of our of the United States military to invade access to federal lands, which would bring in military headquarters at the same and police another country, Iraq, which more money to the federal government. time, as well as downed a plane in the had no part in the murder of 3,000 Mr. NELSON of Florida. Madam fields of Pennsylvania. Americans. President, all of this is happening I know this is true for every Amer- As bad as that sounds, the reality is while we are considering what to do ican. It is seared into our hearts as even worse than that. It was not just about energy. I hope we will remember well as in our mind. I know it specifi- about the White House losing its focus. that what we ought to do, what we cally by virtue of the hundreds of New They misled the American people so need to do, is drill where it makes Jersyans who were lost on that fateful they could start a new war. They as- sense. But if you want to lower gas day. sumed Afghanistan would stabilize prices, we need higher miles per gallon Before long we learned the name of itself and maybe bin Laden would turn on our cars. We need to increase our the organization that plotted and exe- up one day. So let’s add up the running tax incentives to our consumers so cuted this plot. They are called al- tally of these ill-fated decisions of they can buy more efficient auto- Qaida. Although he had already been a President Bush: a forgotten war mobiles and tax incentives to the in- deadly force before that fateful day, against the real terrorist threat in Af- dustry so they can retool, as well as we each and every American would soon ghanistan along the Afghan-Pakistan need to increase our oil refining capac- learn the name of the evil mastermind border, plus misleading the American ity. That is the way we solve the prob- behind this carnage, Osama bin Laden. people into a war of choice—not a war lem of being dependent on oil in this As a country, we were unified in our of necessity, where no one from al- energy crisis we are facing. grief and unified in our resolve to find Qaida or bin Laden was engaged; a Madam President, I see my colleague bin Laden dead or alive, as our Presi- stunning disaster of a war that had no from New Jersey, who has been a kin- dent said. There was no reason to think connection to September 11—increased dred spirit on this question of drilling we would not succeed. We live in the anger in the Middle East; squandered offshore, off of our two respective greatest country on the Earth, with international goodwill; becoming en- States. I do not know if the Senator the greatest military in the world and trenched as Iraq’s military police heard what I just talked about, about the greatest resolve of any people. We force; a military stretched thin, less the inspector general’s report, about are the country that taught man to fly, able to respond to the real challenges what has been going on, the hanky- that has helped save the world from of this country where Afghanistan and panky that has been going on over at marauding dictators, and put a human Pakistan’s border are. the Minerals Management Service at being on the Moon. If we set our mind I was there earlier in August with the the Department of the Interior. to capturing or killing the people re- distinguished majority leader. I heard I yield the floor. sponsible for this mass murder, then what our generals said. They said they The PRESIDING OFFICER. The Sen- we were going to get the job done. needed 10,000 troops minimally—now; ator from New Jersey is recognized. Here is the thing. As we speak here not next year, now—to face the chal- Mr. MENENDEZ. Madam President, today, 7 years have passed since those lenges they are having in the resur- while I did not come to the floor for terrorist attacks, and where is Osama gence of the Taliban and the new tac- purposes of talking about something bin Laden? Where is the man who tics they have acquired from al-Qaida, both Senator NELSON and I are pas- killed 3,000 of our fellow Americans? an al-Qaida that is rushing over that sionate about, which is making sure Where is our Nation’s No. 1 enemy? He border, plus $600 billion in U.S. tax- the Nation’s energy challenge is met was allowed to get off the hook. He was payers’ money, easily going well over but making sure it is met in a respon- allowed to rebuild his terrorist organi- $1 trillion, to secure and rebuild an- sible way, I must say I appreciate him zation to pre-9/11 strength, as has been other country that we were told—I sat coming to the floor with a revelation noted by testimony before the Senate at those hearings—we were told, when that just came out and is being re- Foreign Relations Committee, of which we asked how much is this engagement ported. It calls into question the na- I am a member. It has been noted in going to cost: Oh, we were told, not ture of the decisions, the information various official reports. He was allowed more than $50 billion max. and the substance of looking at drilling to establish his own safe zone along the Madam President, $600 billion later, policy, as has been suggested, when Afghanistan-Pakistan border. $12 billion a month and rising—by the there are clearly influences here that I do not think any American would way, not only were we told it is not $50 are geared toward supporting big oil disagree that the words ‘‘Osama bin billion, we were told Iraq’s oil would versus what is the ultimate interest of Laden’’ and ‘‘safe’’ should never be ut- pay for all of it. What we have seen is the American people in achieving en- tered in the same sentence. Why is he $600 billion of the taxpayers’ money, ergy security and independence. I will living in a safe zone? Why was he al- later, rising clearly in excess of $1 tril- be speaking about that and joining lowed to rebuild his terrorist organiza- lion and Iraq having a surplus in its Senator NELSON in the near future. tion? Why has he not suffered for the budget. We are running deficits, Iraq I am concerned at what the inspector consequences of his mass murder? has a surplus in its budget of anywhere general’s report says. It should be I would say the answer to that ques- between $50 and $70 billion, and yet we alarming to every Member of the Sen- tion is because President Bush—who still continue to pay for their recon- ate. I appreciate the Senator from was so steadfast in his call to go after struction. I was there this past Janu- Florida bringing it to the attention of bin Laden and smoke him out of his ary. the Senate. hole, with the backing of a unified Of course, beyond all of this, beyond Madam President, I ask unanimous country in the days after September 11, all of this, the most important, incal- consent to speak as in morning busi- when I was squarely with the President culable loss—over 4,100 American serv- ness. in that regard—decided not to commit ice men and women who have been lost Mr. WARNER. If I might ask the the military force necessary to finish in Iraq. Senator, about how long would the the job when bin Laden and al-Qaida What does this all add up to? It adds Senator wish to speak? were cornered in the mountains of Af- up, in my view, to less security here at Mr. MENENDEZ. About 10 minutes. ghanistan. He decided to outsource the home, one terrorist mastermind re- Mr. WARNER. I thank the Senator. fighting to warlords in Afghanistan sponsible for the deaths of 3,000 dead Mr. MENENDEZ. Madam President, who took our money, put it in their Americans, plotting and planning yet what I came to the floor to talk about pockets, and let bin Laden get away. again in his very own safe zone to pre- is Osama bin Laden. None of us will He decided that the war against those September 11 strength. ever forget—no one in this country will who actually attacked us was not That is a huge challenge. I recently ever forget—the shock and the horror worth the absolute commitment of the returned from a trip to Afghanistan we felt, 7 years ago tomorrow, when we most powerful, sophisticated, techno- with the distinguished majority leader realized that a group of terrorist mur- logically advanced military in the and several of our colleagues. Our derers had taken 3,000 American lives, world. troops and their commanders are doing

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.010 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8255 a terrific job with what they have been It is never too late. It is never too were counted. That is according to the given, as they always do. late to bring the masterminds of Sep- U.S. Election Assistance Commission. But the message from everything I tember 11 to justice, to diminish the I know all our colleagues would agree saw when I was there and heard from real challenge to our security, and to that if there is anyone who deserves to the people we always say let’s listen ultimately achieve what I truly believe have their vote counted, and certainly to—the commanders in the field—well, is in the national security interest of this is a fundamental civil right for all I listened to General McKiernan, who the United States. American citizens, but if anyone is en- is the commanding general not only of I yield the floor. titled to the best efforts that this body our troops but also the NATO forces The PRESIDING OFFICER. The Sen- could possibly supply to make sure there. I listened to General Schlosser, ator from Virginia. their vote is actually counted, that it who is in the midst of that part of Af- Mr. WARNER. Madam President, would be our men and women in harm’s ghanistan that is in the fight. They with the concurrence of the distin- way, fighting to protect our very free- said clearly they needed extra troops. guished chairman, I wonder if our col- doms. I heard the President’s decision: league from Texas could be recognized. To me, this is an outrage of such pro- They will not get those troops, even He is a very valued member of our com- portion that I cannot believe the De- though they need them until sometime mittee. He wants to discuss, for 8 min- partment of Defense, knowing these next year. In the interim, the fight in- utes, our bill. statistics, is simply complacent about tensifies, the risks grow greater, and The PRESIDING OFFICER. The Sen- preserving and protecting the right of our deployed military and civilians our challenges grow more difficult. ator from Texas. overseas to vote in elections. Afghanistan and Pakistan are the Mr. CORNYN. Madam President, if I To me, this is an appalling feature of epicenter, the epicenter of the threat might inquire, I talked to the distin- guished chairman. I know the Rules our absentee voting system, and we to our Nation. Things are not going to need to take action right now. Of Committee is reviewing the amend- get better in that region or with our course, the appropriate vehicle as we ment. I am a little confused, and security here at home until we commit are talking about protecting the right maybe he can help. I understand there our focus to doing away with a resur- of military voters is on the Defense au- could be an objection to my calling up gent Taliban and a resurgent al-Qaida thorization bill. We know time is run- once and for all. the amendment. But I know the chair- ning out, only 54 days, I believe, until Our focus must be on what are called man is trying to work with me in try- the next general election. We need to the Federally Administered Tribal ing to work this out. do everything in our power to make Areas, or FATA, those lawless areas But if I only have 8 minutes to speak, sure their right to vote is protected. along the Afghanistan-Pakistan bor- and I do not know yet whether there is That is why I decided to introduce a der, our major challenges. going to be an objection to calling it bill last May called the Military Vot- The Chairman of the Joint Chiefs of up, I guess all I can do is go ahead and ing Protection Act of 2008. Currently, I Staff said it himself in June, so let me call it up and see what happens. But I believe I have, to the stand-alone bill, quote him because this is the ultimate do not wish to dishonor the commit- 30 cosponsors. authority advising the President. He ment I made to him to try to work I believe the Department of Defense, said: with him. But I am in a little bit of a if it is unwilling to take the necessary I believe fundamentally if the United box. steps to protect the rights to vote for States is going to get hit, it’s going to come Mr. LEVIN. If the Senator would our deployed troops, then it is up to us out of the planning that leadership in the yield, the Rules Committee has juris- to direct them to do so, to mandate FATA is generating, their planning and di- diction over the amendment, over the that requirement in law and to make it rection. subject matter of the amendment. That a priority, not something they get It could not be said more powerfully is why we are asking the Rules Com- around to perhaps after they have done by the Chairman of the Joint Chiefs of mittee to give us their reaction. Before everything else. Staff and more clearly: That is where I can give unanimous consent to make Certainly, the Department of Defense the threat is coming from. That is it a pending amendment, I want to can better use modern technology to where we need to focus if we are to se- hear from the Rules Committee, which protect the ability of our troops to par- cure our Nation. is part of the regular process of the ticipate in elections. We know it is also Our colleague, Senator MCCAIN, who Senate, since it is within their jurisdic- important to recognize the right of pri- is now the standard bearer for his tion. vacy and the integrity of the voting party, has expressed his desire to keep So if the Senator will bear with me, system by calling upon the Department our troops entrenched in Iraq even be- I do not know what I will do if the Sen- of Defense to focus its efforts on se- yond what the Iraqis want and even be- ator asks unanimous consent until the cure, efficient systems that would yond what President Bush has been Rules Committee replies. If I do not achieve these important goals. calling for. hear from them by the moment the I have more extended remarks, but I This does not help us with Afghani- Senator asks unanimous consent, if the do not feel they are necessary at this stan, this does not help us with Osama Senator decides to do so, I will have to time. I have seen a letter from the De- bin Laden, this does not help us target make up my mind without the benefit partment of Defense about some of the threat of the Nation that is most of their advice. their responses to the bill I have intro- vital. So I hope that after the solemn Mr. CORNYN. Madam President, I duced. I would say in each case it is memorials and heartfelt remembrances hope that after hearing the subject classified more as bureaucratic gobble- we have tomorrow, on the seventh an- matter of this amendment, the distin- dygook and not a serious effort to try niversary of September 11, after we guished chairman of the Armed Serv- to solve this problem. I am actually very disappointed that continue to mourn and after we pray ices Committee will agree with me the Department of Defense would take for those we have lost, when our that the subject matter is of over- the position that preserving the votes thoughts turn again to preventing a re- whelming importance. of our deployed military is so unimpor- peat of September 11, making sure that This has to do with the fact that in tant that they would not welcome the ‘‘never again’’ means never again, I 2006—2006—it is estimated that only 5.5 participation of the Senate in finding hope we can rededicate ourselves, as we percent of qualified military voters de- ways to make sure every fighting man did in the weeks following the attacks, ployed overseas, as well as civilians eli- and woman’s vote is counted. to going after those responsible for this gible to vote in the 2006 election, only I ask unanimous consent to call up mass murder and ridding ourselves of 5.5 percent actually had their votes amendment 5329 and ask for its imme- that threat once and for all. counted. diate consideration. Let us not only follow bin Laden to Of the troops that attempted to vote The PRESIDING OFFICER. Is there the gates of hell, let us follow bin by asking for their ballots in 2006, less objection? Laden to the cave in which he is in, in than half, only 47.6 percent of their Mr. LEVIN. Reserving the right to that region along the Afghan-Pakistan completed ballots actually arrived object, I am constrained and will ob- border. back at the local election office and ject at this time because of the reasons

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We are going to have to look at tion is heard. debate. how we keep pace with the many bil- Mr. CORNYN. Madam President, I The PRESIDING OFFICER. Is there lions of dollars needed for repair. We am sorry to hear the chairman has ob- objection? have to make sure we pay attention to jected. Of course, there is no require- Mr. LEVIN. Reserving the right to our Nation’s infrastructure if we care ment that the committee pass on these object, Madam President, it is my un- about a thriving economy, moving matters. I understand his interest in derstanding that under the current goods, moving people, all the rest. If we getting their input, but I cannot imag- unanimous consent agreement, we will ignore this, it is to our detriment. We ine what sort of input the Rules Com- begin voting on two amendments on saw a bridge collapse in Minnesota. We mittee might give now or later that we the Defense authorization bill at 6 were reminded of that today at the could not work on this either as this o’clock; is that correct? hearing. All of us were appalled to see bill proceeds to completion, I hope to The PRESIDING OFFICER. The Sen- what that looks like. I know bridges in completion this week or next or during ator is correct. California, in Oklahoma, bridges all the conference committee process. Mr. LEVIN. Would the unanimous over the country are in need of repair. But to object to my ability to actu- consent request of the Senator from We can’t play politics. That is why we ally get it pending before the Senate is California modify the existing unani- have been on the Senate floor. We have regrettable. At this point, I have no mous consent? sent letters, asked our friends to back other recourse. The PRESIDING OFFICER. The vote off. If they want to make a statement I yield the floor. that is scheduled to occur at 6 p.m. will about how to fund transit and high- The PRESIDING OFFICER. The Sen- occur unless an agreement specifies ways, that is very appropriate as we ator from Virginia. differently. write the new highway bill. Mr. WARNER. I think the distin- Mr. LEVIN. It is my understanding What is happening out there is, obvi- guished chairman and I are aware the that this agreement does not specify ously, because of the horrible price of Senate would now turn to the highway differently, and on that basis I do not gas, which, thank goodness, has come bill. I believe the distinguished chair- object. down a little bit, people are turning man of the Environment and Public The PRESIDING OFFICER. Without away from driving or they are doubling Works Committee will be arriving, and objection, it is so ordered. up. They are switching to hybrid cars. the distinguished ranking member is The clerk will report. Hopefully, soon we will see more oppor- present on the floor at this time. Per- The assistant legislative clerk read tunities for electric cars. As a result, haps they could advise us with regard as follows: however, the trust fund, which gets its to the amount of time that would be A bill (H.R. 6532) to amend the Internal funding from the gas tax, has been required to have to act on this. Revenue Code of 1986 to restore the Highway going down. That, coupled with the Mr. INHOFE. Madam President, first Trust Fund balance. borrowing that we did in 1998 from the of all, let me thank the distinguished The PRESIDING OFFICER. The Sen- trust fund, has led us to this day. ranking member for the fine work he is ator from California. I don’t have much more of a state- doing on the Defense authorization Mrs. BOXER. Madam President, this ment except I want to thank certain bill. We have to get this done at a later is an important moment for us, not people who weighed in to push us and time because there will not be time. just for us as legislators acting respon- my friends on the other side. I hope Right now I would like to address sibly but for our States and for the they were pushed by this to back off some of the comments that were made working people of this country. We and say: Let’s have a clean bill. Let’s in the last few minutes about what were perilously close to having a short- fix the problem. Then we will debate some people misinterpret as not a suc- fall in the highway trust fund which how we get a highway trust fund that cessful operation in Iraq. I think it is would have resulted in slowing down is necessary for the needs of the coun- amazing that you can be successful, all contracts on repairing bridges, building try. of our troops over there bathe in the highways, et cetera. Six times the Sen- AAA was very helpful, as was the success we have had in Iraq and still ate has brought up legislation to re- American Association of State High- refer to it as an invasion instead of a store money to the highway trust fund way and Transportation Officials; the liberation. Later on I will address and protect those jobs, but until now American Society of Civil Engineers; those remarks. my Republican friends on the other the American Road and Transportation Right now it is my understanding—I side of the aisle have put up roadblocks Builders Association; the American would ask if it is accurate—that the and filibustered us. Highway Users Alliance; the American chairman and myself, the ranking Today, at a hearing we held on the Trucking Association; the Associated member of the Environment and Public status of our bridges, the condition of General Contractors of America; the Works Committee, will be involved in our bridges, the Bush administration National Association of Counties; the about either 1 hour or 90 minutes itself urged us to act. I was very grate- National Association of Manufacturers; equally divided, I would ask the Chair. ful to Senator INHOFE for his work. Be- the National Governors Association; This is on the highway trust fund fix. cause we have been facing objections the National Conference of State Leg- f from Senators DEMINT, GREGG, and islatures; Midwestern Governors’ Asso- others, we were unable to move for- ciation; the Coalition of Northeastern RESTORING HIGHWAY TRUST ward. We are very grateful we have Governors; the Transportation Trades FUND BALANCE reached this moment so we may vote Department, AFL–CIO; the U.S. Cham- Mrs. BOXER. Madam President, I ask on this important legislation and solve ber of Commerce. unanimous consent that the Finance the immediate crisis. Again, what we are doing is simply Committee be discharged from further We all know what has been hap- restoring the revenue that was shifted consideration of H.R. 6532, and that the pening with the trust fund. First, $8 out of the trust fund 10 years ago when Senate then proceed to its consider- billion was borrowed from the trust the balances were high. What we are ation; that the only amendment in fund in 1998. We need to restore those doing is saying to many working peo- order be the Baucus amendment which funds. That is what we are doing today. ple that we are not going to let them is at the desk; that the amendment be Beyond that, we have to figure out a run the risk of being laid off, fired, considered as agreed to and the motion way to finance highways and transit having to come home and tell their to reconsider be laid upon the table; systems and repair bridges and the rest family they can’t work. We know that and that there then be 90 minutes of with a more secure source of funding. is a fact because each billion dollars of

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Our only request as Senators was checks with borrowed money. Imagine if we had added another 379,000 that we have a chance to bring to light Everyone knows more and more lost jobs. why this happened. about the housing bill. The housing bill Today, through the wonders of com- A few years from now—maybe even a bailed out mortgage companies that munication I can say to State and local few months—many of my colleagues had made bad loans and ultimately in- officials watching us have confidence are going to wake up and look at our cluded a section that allowed the U.S. that the flow of funds to build and op- Nation’s finances and wonder how we Government to essentially nationalize erate transportation systems, to build got in this mess. We are running this the mortgage industry. As part of that highways and bridges, to make sure country into the ground, and we are ac- bill, we created a $4 billion deficit communities are insured, those funds tually on the verge of an economic cri- spending slush fund for community de- are going to be there. Again, as we sis because of incredible overspending velopment block grants and millions move behind this crisis, I do look for- and a huge growing debt. One bill after that went to a very suspect group, the ward to working with my colleagues on another comes up, and we pass it al- ACORN group. That seems to be more both sides of the aisle. Senator INHOFE most without thinking and spend more of a political group to get out the vote and I, Senators BAUCUS and ISAKSON, and more borrowed money. for some of our colleagues. we call ourselves the big four of the Today’s votes are creating tomor- Now, we know we have taken over committee. We have met. Our staffs are row’s fiscal disaster. This $8 billion these two large companies of Fannie meeting every day. We are meeting. We highway trust fund bailout is only one Mae and Freddie Mac. Now the tax- are coming up with principles, what is example among many I would like to payers are on the hook for what could the fair way to fund infrastructure mention over the next few minutes. be hundreds of billions of dollars be- needs. These meetings have been very During the previous year, the Demo- cause of the lack of congressional over- important. They are not ideological. cratic-controlled Congress has pro- sight over the last several years. As They are only business. How do we duced a parade of fiscally irresponsible part of that bill, I had asked for one take care of business? That means bills that have mortgaged our Nation’s amendment that would stop the lob- moving goods, people, keeping the future and could ultimately bankrupt bying and the contributions to Con- country going. I can’t tell my col- the Nation and harm the future for our gress by these two corporations that leagues how pleased I am that we can children and grandchildren. If we look we are now bailing out. But instead of have the opportunity today to vote on at the 2008 appropriations bills, at the giving me that amendment, the major- a clean bill, simply restoring the $8 bil- end of 2007 Congress passed a bloated ity leader kept the Senate here until lion that was borrowed from this fund budget bill. Supposedly, they were Saturday to avoid that one vote that and sending a signal to the 300,000-plus going to get things under control, but would have done what all of us know people who would have lost their jobs, this exploded with over 10,000 ear- needs to be done and stopped the polit- at least this is some bit of good news marks. On top of that, there were a ical influence from these companies for for them in what has been a very bleak number of budget tricks and gimmicks which we are supposed to be providing economy. that hid at least $14 billion of extra oversight. I yield the floor and reserve the re- spending. Today we are talking about $8 billion mainder of my time through the lead- Not too long after, we brought up the that we are going to borrow and put in er’s office on our side. farm bill. This was reauthorizing an the highway trust fund. Supposedly AMENDMENT NO. 5427 antiquated farm program that cost tax- back in the late 1990s, $8 billion was (Purpose: To change the date of restora- payers billions and increased costs to taken as part of an agreement to set up tion.) consumers all across the country. This a separate trust fund. I will take them The PRESIDING OFFICER. Pursuant was a $600 billion bill over 10 years. It at their word for that. But we have had to the previous order, amendment No. was all borrowed money. We don’t have numerous opportunities this year to 5427 is agreed to. this money to spend. Yet we continue save more than that amount of money, The amendment (No. 5427) was agreed to spend it. It included numerous if we knew we needed it. Frankly, the to, as follows: wasteful, unnecessary earmarks that Department of Transportation says we On page 3, line 2, strike ‘‘September 30, had nothing to do with a solid farm probably only need about half of that 2008’’ and insert ‘‘the date of the enactment bill. Just a few examples would be $257 right now. Yet we are going to take $8 of this Act’’. million in tax earmarks for Plum billion from the general fund, borrow The PRESIDING OFFICER. The Sen- Creek Timber Company. This is the Na- it, and put it in the trust fund. ator from South Carolina. tion’s largest private landowner, a Highway infrastructure is one of the Mr. DEMINT. Mr. President, I ask multibillion-dollar company with over most important things we can do as a unanimous consent that time on the $7 billion in capitalization. Yet we be- Nation. Republican side be allocated as follows: lieved we needed to give them $257 mil- But much of this bill is not about 15 minutes for Senator DEMINT, 10 min- lion. roads and bridges. It is numerous, utes for Senator GREGG, 10 minutes for The language in the farm bill also re- wasteful earmarks that I am afraid Senator COBURN, 10 minutes for Sen- quires the Forest Service to sell por- could end up as part of this $8 billion. ator INHOFE. tions of a certain mountain to a ski re- The current bill includes $45 million Mr. INHOFE. I don’t object, Mr. sort and over $1 million to the national for a magnetic levitation train project President, but I would also like to be sheep and goat industry—all worthy in Las Vegas; $2.5 million for land- included in that particular order just causes, I am sure, but not worthy of scaping enhancements along a freeway; given. more borrowed money and more debt $3.3 million for a bike trail in Laredo, The PRESIDING OFFICER (Mr. on the future of Americans. TX. This list could go on page after TESTER). Without objection, it is so or- The so-called stimulus package, over page. These are not priority projects. dered. $100 billion was supposed to help solve They do not deserve us going into more The Senator from South Carolina. our problems. Certainly, it didn’t. We debt as a nation to borrow this money. Mr. DEMINT. Mr. President, I would sent checks to all Americans but did We have had numerous opportunities like to address the issue of this high- little to fix the problem. Over $100 bil- to cut these projects so that the high- way bill and the charge that it has lion more in borrowed money that we way trust fund would not go broke. been held by me and a few others. The didn’t have, just sending checks to peo- Only a few months ago, we had a trans- fact is, this $8 billion highway trust ple to build up our political clout rath- portation technical corrections bill. We fund bailout has not been held up. The er than do something for the country. had almost a billion dollars of projects

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But the shortfalls are of our own for the evening and everyone can work projects. doing, and it is because of our own together for the good of the Nation on Now we are here at the trough again, waste and incompetence here in Con- this critical issue because we literally and we have a crisis, and we will put a gress that we have ended up with this cannot afford to wait any longer. lot of people out of work if we do not problem and more debt on the Amer- I want to explain the situation so my produce this bill. That is why we have ican people. I hope next year we will go colleagues understand where we stand agreed to forgo the opportunity to offer about doing it in a much better way this evening. This coming Thursday— amendments, even though we should than we have done in the past. that is tomorrow—may be the last not pass an $8 billion bill without the With that, Mr. President, I yield time the Federal Government will be opportunity to debate it in more detail. back. able to reimburse 100 percent of their I wish to remind my colleagues, we The PRESIDING OFFICER. The Sen- expenses. The Department of Transpor- do not have this $8 billion. It is bor- ator from Washington. tation has told my Transportation and rowed money, and we are going to Mrs. MURRAY. Mr. President, I come Housing Appropriations Subcommittee move it from one account to another, to the floor this evening to talk about that on Thursday, September 18—that and borrow it from who knows where— the emergency we are facing in the is a week from tomorrow—reimburse- China or somewhere else—because we highway trust fund. The highway trust ments could drop to as little as 64 per- do not have that money. But there are fund is the primary means of funding cent of the funds that States are due. numerous problems with this, and we all of our highway construction and re- They simply have to offer the States need to recognize that the earmarks, pair projects in every State in this Na- an IOU for the rest. the wasteful earmarks, are taking pri- tion. In my home State of Washington, 21 ority national projects and putting Last Friday, President Bush’s Trans- percent of the transportation budget is them places they do not need to be. portation Secretary, Mary Peters, ac- supported by the Federal gas tax. Local Our lack of an energy policy in this Na- knowledged finally what we on this agencies spend between $15 million and tion that has run up the cost of gaso- side have been warning about for $30 million per month in Federal dol- line has restricted the ability of Ameri- months: that the highway account of lars. If the Federal Government has to our highway trust fund is broke. cans to travel, and that in itself has re- cut back or cut off funds, Washington We have been hearing denials of this duced the revenues to the trust fund. State will lose between $33 million and crisis for some time, but the Bush ad- So we have caused this problem our- $54 million a month over the next 5 selves by congressional mismanage- ministration has now finally taken a closer look at the real receipts that are months. ment, and now we want the taxpayers That is only one State, one example coming in from the Federal gas tax and to bail us out again. in this country. In other States, the discovered their estimates have been Again, this is a bill I think we need Federal Government’s share is a lot off by some $3 billion just since May. as far as funding projects. But the way bigger than in Washington State. In Now they tell us they are preparing to it is done, and the fact that it is done fact, at a hearing this morning, the default on their bills to our States. with no more accountability on ear- Oklahoma Transportation Director, marks and the things that have caused Let me make it very clear to every- one how serious the impact could be. If Gary Ridley, testified to the Senate the problems, makes it very difficult to about the impact it will have in his support the bill, even though I see we do not pass the bill that is before State. In answer to questions, he said, long-term highway funding being one the Senate this evening, my Transpor- in Oklahoma, 85 percent of the State’s of the most important things we can tation Appropriations Subcommittee is construction program—85 percent—is do. going to be forced to slash money for I hope the chairman and ranking Federal highway investments in every paid for with Federal funds. He said the member of the committee will consider State across the country, and it is kind of crisis we are talking about will next year, as we go into reauthorizing going to cost each of our States tens of have a ‘‘dramatic effect’’ on his State’s a highway program, the fact that the millions of dollars in the next month ability to move forward on road con- Federal Government should no longer alone. struction. He told us that in Oklahoma they be involved in non-Federal projects Not only does this threaten the safe- just opened bids on $80 million in high- around the country. We have an oppor- ty of our Nation’s roads and bridges, it tunity to devolve this program to the could also very easily mean tens of way work, including a $40 million States, where the money would stay at thousands of jobs lost, as the Federal project to replace a bridge in Okla- home and be used for real priorities, Government defaults on the contracts homa City that has been identified as not for things I decide or another col- in every State of our Union. having numerous safety vulnerabili- league decides they want for somebody Now, this nightmare is going to be- ties. But Mr. Ridley testified this back home where the State does not come a reality just as the unemploy- morning he has had to ask his State necessarily want it to go. ment rate has reached the highest it highway commission to hold off on Obviously, we have talked a lot about has been in nearly 5 years. Our country those contracts. In fact, he said he the ‘‘bridge to nowhere’’ and other lost 84,000 jobs in August alone—84,000 might even have to stop all right-of- projects such as that across the coun- jobs—which came on top of job losses way acquisition and construction try. But I hope I will get the support of in July and June and, in fact, every projects until we here in Congress find my colleagues to move this back to the month of this year. a solution to this trust fund crisis. States, give them the ability to man- We know people across this country So this is a desperate situation in age their own programs over the years, are hurting. Many are wondering how every State across the country. What and stop this wasteful spending at the they are going to be able to pay their is most disturbing to me is it is not as Federal level. bills as the weather now starts to get though we did not know this was com- Again, there are a number of amend- colder and they have to begin turning ing. I have been sounding the alarm ments we would have liked to have had on their heat. about the highway trust fund for al- the opportunity to offer, and I wish to If we do not shore up this trust fund, most 2 years. My Democratic col- warn my colleagues, the pattern that is we are going to be forced to halt ongo- leagues and I have warned repeatedly developing here is that we are passing ing highway projects dead in their that we face a looming disaster. We bills by unanimous consent, with no tracks. That means thousands upon have proposed a solution that would debate, no amendments. This goes on thousands of people who go to work enable these funds to stay solvent, so bill after bill. We are passing very bad every day in the construction industry our States are whole, so our construc- legislation with very little account- in our Nation to build our highways tion industry can continue during this ability to the American people. and bridges are going to be told to go construction season to move forward But I appreciate the passion of Sen- home and do not come back to work on these critical safety transportation ator INHOFE and others who know we the next morning. projects. We have made it clear that

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.067 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8259 without action this year, we would face Senator COBURN, and then I will wind formation they received in the last 2 a financial disaster, and that it was up the final 10 minutes. weeks about the status of the trust coming upon us very fast. The PRESIDING OFFICER. The Sen- fund. Well, the situation is so serious that ator from New Hampshire. after months of blocking our legisla- Mr. GREGG. Mr. President, there is Why was the original SAFETEA bill tive solution, this administration, the no question there is a serious problem so out of whack? Well, it was out of Bush administration, did a 180 and is out there relative to the financing of whack because it included 6,000 ear- now asking us—in fact, telling us—we already let contracts in road construc- marked special projects—some of have to get a bill on the President’s tion and that it is unfair to those peo- which were listed by my colleague from desk by the end of this week. So I am ple who have had those contracts and South Carolina, Senator DEMINT— very hopeful this evening we can fi- those people who are working on those which totaled $24 billion of spending, nally move this bill and provide a solu- projects that they should be blindsided which we didn’t have money to pay for, tion to our States. by the fiscal irresponsibility of the yet we put them on the books anyway. What this bill does is replace $8 bil- Congress. But it is also inappropriate Then, a year ago or so, when we could lion that was taken out of the highway to the taxpayers of the United States have contracted those projects, we trust fund back at the end of 1998. This that we should correct this problem in went by lapsing those projects which is not a bailout from the general fund a way which does even more egregious nobody wanted to pursue—$1 billion of the Treasury. That $8 billion was harm to the future of this country by worth—we decided not to. We decided collected from our gas taxes for the significantly expanding the deficit. instead to expand projects and add purposes of being deposited into the Just yesterday, we learned that the highway trust fund. deficit of the United States has doubled even more projects. Now, at the time, the trust fund was under this Congress. It has gone from There has been a representation that flush with money and people did not $163 billion to $407 billion. This is a this $8 billion raid on the general fund think we needed it. Well, clearly, we huge increase in the deficit. What does by the highway fund is just a repay- need it now. We are proposing to re- the deficit mean? We are passing debt ment for a loan that occurred in the store that $8 billion that was paid in on to our children which they all have late 1990s, as it is represented—1998, I gas tax receipts to the trust fund, and to pay for. Now we are going to, with believe it was—when the highway trust we are not asking for a penny more. this bill, add another $8 billion to that fund allegedly transferred $8 billion to This is not new to anyone in this deficit—$8 billion. That is big money. the general fund. Well, that is truly a body. We have debated this proposal Eight billion dollars would run the straw dog argument because those before. I and my ranking member on State of New Hampshire for at least 2 monies never had any practical effect the Transportation Appropriations 1 years, probably for 2 ⁄2 years, so it is a on Federal spending or the Federal def- Subcommittee, Senator BOND, included lot of dollars. So this decision, the way icit—that transfer, that event—but this proposed transfer in our Transpor- it is being executed, the way we are ap- this event does. This is real dollars. tation, Housing and Urban Develop- proaching solving the problem of the ment appropriations bill. So it has highway trust fund running short of This event is a real $8 billion increase been a bipartisan effort in our Senate funds, although it needs to be done—we in the deficit. Somebody is going to Transportation Subcommittee. need to address the issue of let con- have to pay for it, and the people who In fact, Democrats also tried to pass tracts. The way we are trying to cor- are going to have to pay for it basically this proposal back in June on the FAA rect the problem is the wrong way. We are these young men and women right bill. We included it in the tax extender shouldn’t be adding to the deficit to do here who are serving us as pages. When package. We tried to pass it as part of this. they get out—they are juniors in high the stimulus bill. This is pretty much a self-inflicted school, and when they get out of high Well, we are back this evening. We wound, and it is really an intentionally school and go to college, which I am have another chance. We are working self-inflicted wound. When the sure they all will, when they graduate on a bipartisan basis to move this crit- SAFETEA bill was passed, it was they are going to start a job, and when ical bill forward, and I urge my col- passed with the knowledge—the open leagues again to get this done this they start that job they will find there knowledge, which was pointed out on is a big tax bill, and a large chunk of evening because, as I said, we are going this floor by a number of us—that the to start seeing severe consequences to that tax bill is going to be for debt we revenues in the highway trust fund, are running up here today. So 8, 10, 12, this crisis if we do not act and work to- which would come from gas tax and gether on this now. 15 years from now, when they are start- As I said, this Thursday—tomorrow— which had always paid for highway ing to make their living and trying to construction, were not going to be could be the last day that our States raise their children, trying to send enough to meet the largess of that bill. are fully reimbursed for construction their kids to college, trying to buy The avarice of our colleagues to spend work. So by this time next week, their first home, they are going to be States may have to start doing with- money far outweighed the money that was coming into the trust fund. limited in what they can do. Why? Be- out. The stakes could not be higher. We knew that in the term of cause they are going to have to pay a Mr. President, 84,000 jobs were lost last SAFETEA that this was going to hap- huge amount of taxes for costs which month. We cannot afford to put an- pen, that the lines were going to cross are being incurred right here today by other job at risk. But, importantly, and that the trust fund would be de- adding to our deficit, and this is $8 bil- these construction contracts are out pleted. That depletion was accelerated, lion of our costs that we are putting there and we are in the middle of con- obviously, by the fact that energy onto the next generation. struction season. Our States need to prices went up and people, rightly and This is not the correct way to do it. know we stand by our word and this appropriately, started to aggressively money is going to go out to them in a There are ways to pay for this. There conserve their use of gasoline, and that are ways to do this that do not involve timely fashion. was good for the country and good for I thank my Democratic colleagues, that. The cleanest would be to simply ourselves in dealing with this issue of as well as our Republican colleagues, borrow the money—not from the gen- who have been working with us this gas prices. However, it had the effect of reducing the revenues into the trust eral fund but from the mass-transit ac- evening in a bipartisan way to finally counts which have the money—and move this bill forward and solve this fund. So the day of reckoning, which was inevitable under the original that was what the administration sug- crisis that is in front of us. gested. It was rejected by the House be- Thank you, Mr. President. SAFETEA bill, was accelerated and, The PRESIDING OFFICER. The Sen- according to the administration, oc- cause the House didn’t want to be re- ator from Oklahoma. curred sort of out of the blue because 2 sponsible. Now we are in this tight Mr. INHOFE. Mr. President, we do weeks ago they were saying they would timeframe, and it is claimed that we not have a UC on the majority side, but have vetoed a bill such as this that can’t have any amendments here in the we do on the minority side. So our next added to the deficit, and now they are Senate. We simply have to take care of speakers will be in the order of 10 min- saying they support it. So they re- this. Actually, there is some legit- utes for Senator GREGG, 10 minutes for versed their position on the basis of in- imacy to the tight time argument, but

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.068 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8260 CONGRESSIONAL RECORD — SENATE September 10, 2008 it doesn’t mean we shouldn’t have any generation. One generation should not and have your kids be responsible for amendments to discuss this. constantly run up the debt on the next paying for it or are you as a family I proposed an amendment, Senator generation and take credit for the going to get rid of some of the 11 per- DEMINT proposed an amendment, and spending today which they are not cent or 12 percent of pure waste, pure Senator COBURN. willing to pay for. It is just not right. fraud that you have going on in your My amendment was to try to avoid As a politician running for reelection, I family budget? None of us in America this in the future by reinstituting rules shouldn’t say: Oh, I got this project for are going to do that. We wouldn’t do around here which used to discipline my State, we are going to build this that to our kids. We wouldn’t do that our spending but which were, in the program right here, and then not be in our family budget. But that is ex- dark of night, eviscerated by those who willing to say I was willing to pay for actly what we are doing here today. wanted to spend a lot of money we it also; instead, say: Oh, well, as to This is a small one. This is a small one don’t have out of the highway trust paying for it, I am going to let my chil- we are facing. fund. Two rules—one, that this should dren and my grandchildren, my neigh- We didn’t have an amendment on the have a scoring event and should be sub- bors’ children and my neighbors’ floor to say we will pay for this $8 bil- ject to pay-go. How can a group of grandchildren worry about that prob- lion by reducing the fraud in Medicare folks around here who carry a pay-go lem. I am just going to do the project from $80 billion to $72 billion. There is flag around as if it is the banner of fis- and take credit for it. $80 billion a year in fraud in Medicare. cal responsibility say that pay-go So what we are doing here is totally We weren’t offered the opportunity to shouldn’t apply to a transfer which is inappropriate from a fiscal standpoint, offer that amendment to get rid of the going to create an $8 billion deficit—an but obviously the timing of this is such fraud in Medicare so we could afford to $8 billion add-on to the deficit? Inex- that we are not going to get these do this. It was just released 2 weeks cusable. That was part of my amend- votes. I intend to return to this amend- ago that 31 percent of the payments ment, to make pay-go applicable here. ment. I will find someplace to stick it Medicare makes are improper pay- The second part was to reinstitute on, and then everybody will have to ments, with 80 percent of them over- what is known as the Byrd Rule. BYRD vote on this, hopefully, at some point payments. That is not included in the developed language which said that as in the future. $80 billion worth of fraud. There is not the trust fund—as it became apparent Mr. President, I yield the floor. any opportunity for us to offer an that the trust fund monies were not The PRESIDING OFFICER. The Sen- amendment to offset that incom- going to meet trust fund obligations, ator from Oklahoma is recognized. petence and clean that up so we can you reduce the obligations, and that Mr. INHOFE. Mr. President, seeing pay for this. was called the Byrd Rule. It was the re- no one on the other side of the aisle, I There are similar projects in Med- sponsible way to govern. You pay as yield to the junior Senator from Okla- icaid. The Social Security disability you go. As money comes in, you spend homa, Mr. COBURN, for 10 minutes. trust fund—the GAO tells us there is the money. If you have a trust fund The PRESIDING OFFICER. The jun- $2.5 billion a year in fraud in the Social that funds a project, as that trust fund ior Senator from Oklahoma is recog- Security disability trust fund. We has money to pay for that project, you nized. didn’t have an opportunity to offer an spend the money to pay for that Mr. COBURN. Mr. President, I have amendment to get rid of that fraud to project. But when SAFETEA was listened to the debate today and the help pay for some of this $8 billion passed, everybody knew that a lot majority leader’s remarks this morn- shortfall. more money was being promised than ing, and I do appreciate the job my sen- The American people are going to be was going to come in, so a little game ior Senator has done in trying to se- scratching their heads. We are going to was played in the middle of the night: cure funds for infrastructure through borrow more, and we are not going to Let’s put a knife into the Byrd Rule. the trust fund. I intend to support pass- eliminate any of the other problems, Let’s cut it in half. Let’s eviscerate it. ing this. Begrudgingly I will support it any of the other excess, or any of the That is exactly what happened. So I am because I think it is the wrong way to other waste or fraud, which came to just suggesting that we reinstitute the do it. It is not wrong to put the addi- over $382 billion this past year of Byrd Rule. It won’t apply to this event, tional money in there; it is wrong to American taxpayers’ money that was but at least prospectively it will. Fis- not pay for it. unwisely spent. cal responsibility—that is all I am ask- I can’t help but note that the Senator We weren’t given an opportunity to ing for. from Washington stated that this is an get rid of the performance bonuses at Unfortunately, it has been rep- emergency. Well, you haven’t seen any- the Pentagon that are $8 billion that resented that we can’t take up any thing when you start talking about the they pay every year to Pentagon con- amendments because we have to do emergencies we are getting ready to tractors who do not meet the perform- this in a matter of hours or else these face. What about the emergency when, ance requirements of their contracts contracts can’t go forward. Well, we by law, Social Security benefits get but they pay them anyway. There was could obviously have taken up the cut, when we can’t make Medicare no opportunity for us to offer that amendments. Clearly, we are going to trust fund payments? What emergency amendment, to be able to pay for this spend 2 hours debating this. I only are we going to have? How is this going rather than charge it to our children. wanted 15 minutes to debate my to compare to that? We are not allowed There is $15 billion worth of excess amendment. It clearly could have been to do anything on this bill except de- costs associated with no-bid contracts done in this 2-hour period. No, the bate. at the Department of Homeland Secu- issue was that we didn’t want to take I wonder what the American people rity. There is no opportunity to offer up any amendments that might make would think, that we are going to an amendment to change the discipline people have to take a hard vote. That spend an additional $8 billion that we in the contracting at Homeland Secu- was the issue: a hard vote on fiscal re- don’t have—whether it is owed to the rity, which we could have easily done sponsibility, on the issue of putting trust fund or not, we don’t have it— and mandated to pay for this. There is pay-go back in place and putting the that we are going to collect that no opportunity to do that. Byrd Rule back in. So, using the lever- money but we are not going to pay for There is $4 billion in wasted excess age of people being put out of work and it out of some of the $300 billion-plus payments for crop insurance every contracts which had been let not being waste we now know exists every year year. We, in fact, passed a farm bill, paid for, the other side has been able to in the Federal Government? Imagine if but we didn’t fix that. successfully get around making those you applied that to your own situation. That is $4 billion a year of hard- hard votes. I recognize the eccentricity You have a family. You have an emer- earned taxpayer money that goes out of the situation, but it still doesn’t gency, as the Senator from Washington the window, which doesn’t benefit any- look well, and it is not correct. said, but you know that about 12 per- body. Yet we are not given an oppor- At some point, we are going to have cent of everything you spend in your tunity to try to grab that to pay for to face up to this, you know. One gen- household is wasted. Are you going to this, and $10 billion is wasted a year, at eration should not do this to another go out and make a note at the bank a minimum, on IT contracts in the

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.069 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8261 Federal Government. There is no op- process—not the goal; the goal is a It is ironic—that figure—because portunity to offer to save that money worthy one—under which we are doing Senator INHOFE was at the hearing we to pay for the highways. this is something that cannot continue had in the Environment and Public The American people have to be if our Republic is to survive. Works Committee about bridges and scratching their heads and saying: Of every republic in the history of about the expenditures on bridges and What are we doing? Why aren’t we ad- the world that has failed, none of them trying to keep bridges safe, with Con- dressing the real issues? We need to failed because they were conquered gressman OBERSTAR and others. One of build infrastructure, take care of our from without. Every one of them failed the witnesses told us that it would be highways and bridges and our roads. on fiscal issues. We should wake up. We about $10 billion a year to start bring- That is what the trust fund is for. Why should start addressing the waste, ing up our bridges to safety over the would we not pay for it when we have fraud, abuse, and duplication in the next few years. I thought that is ex- such a large amount of fraud, waste, Federal budget before we ask the next actly the amount of money we are and duplication in the Federal budget? child or grandchild to take on debt for spending per month in Iraq. So that is I could go on and on. There is mis- our benefit. one way we can get the money if we management of U.N. contributions. We Like I said, I support that we are put- really wanted to and if some of my know at least $2 billion out of the $6 ting the $8 billion in there. What I friends on the other side would have billion we send to U.N. is pure waste don’t support is the process under the will to want to pay for this impor- every year. There is no opportunity to which we cannot eliminate other tant infrastructure investment. offer that amendment against this. waste, fraud, and other duplication to Another is to close the loopholes that There is no opportunity whatsoever to be able to pay for it. We do a disservice have allowed people to store money in say we are not going to send another to our country and to ourselves, and we the Cayman Islands and hide their penny to the U.N. until they show us do a disservice to the body of the Sen- money. Another is to change the cap- how they are spending American tax- ate. ital gains rate. Another is to roll back payers’ money. The only government With that, I yield the floor. tax cuts on the wealthiest people, cou- that is less efficient than ours is the The PRESIDING OFFICER. Who ples making over $250,000 a year and in- dividuals making over $200,000 a year. U.N. The only one that obfuscates yields time? The Senator from Min- That would bring in between $50 billion more of the numbers than ours is the nesota is recognized. Ms. KLOBUCHAR. Mr. President, and $60 billion a year. U.N. The only one with less trans- how much time remains on our side? I don’t have trouble trying too find parency than ours is the U.N. There is The PRESIDING OFFICER. There is money to pay for this. We have been no opportunity to do that. 281⁄2 minutes remaining. unable to get our friends on the other We wanted to offer an amendment be- Ms. KLOBUCHAR. I thank the Chair. side—whether it is the AMT fix or any cause part of the problem with the Mr. President, I am here to talk other tax fixes for the middle class, we highway trust fund is that too much of about the need to replenish the funds have been unable to get them to pay the money doesn’t go for bridges, in the highway trust fund. I have to for this. We are left where we are now roads, and highways. My senior Sen- tell you, I have visited our State, and with a request from the administration ator is committed to making sure we you know that about a year ago a to pay for this from the general fund so get back on that with the next Trans- bridge just fell down in the middle of we don’t have contractors or people out portation bill. We have 242,000 bridges the Mississippi River. I was thinking as of work who are supposedly working on in disrepair in this country—242,000. I listened to the Senator from Okla- construction projects. This means This body rejected fixing that. Instead, homa talk about the promises that we something to me because I see it every we went on to build bike trails. Which make to our children, that we make to day. That bridge is going up and it is do you think is more of a safety con- future generations. I think the people going to be opening on Monday. It is cern, building bike trails or building of this country think we made a prom- kind of ironic to me that we are debat- bridges? ise to them that we are going to have ing whether we are going to replenish I hope the American people are pay- safe roads and safe bridges. We didn’t our Nation’s highways—when every- ing attention to what we are doing and keep up that promise to the 13 people body is giving glorious speeches about that they become very dissatisfied with who died that day when they plum- the need to invest for infrastructure— what we are doing. We have earned our meted into the Mississippi River. We on the anniversary of that bridge going 11-percent approval rating. How we are didn’t keep the promise to the hun- up again. Some people are actually handling this bill today exactly fits the dreds of people who were injured in all saying we should let this highway trust expectations of the American people— the cars that went crashing down on an fund die on the vine and let these jobs that Congress doesn’t get it, that we eight-lane highway in the middle of the die on the vine. are different, that we don’t have to Mississippi River six blocks from my I am going to use some examples for meet the expectations that every small house. We need to keep that promise. bridges. We learned today that fully business and every family does. We When you look at the history of the one-quarter of America’s 600,000 bridges don’t have to eliminate waste because highway trust fund, it was raided once have aged so much that their physical it may be hard to do or we may have to before, many years before I came to condition, or ability to withstand cur- take a hard vote. We just fit the mold Congress, by the exact amount of rent traffic levels, is simply inad- of their expectations. It is time for us money. I believe it was something like equate. One of the things we have seen to change that, not just for us but for $8 billion. It was raided of that money, on our roads and bridges in the last few the generations that follow. and it was taken out of the fund and years is that we are seeing something I will state to you today that the es- put into the general fund. of a boon in our world economy, with timates for next year’s budget deficit What we are doing today, at the re- the new energy economy. We are seeing are far under what it will actually be. quest of the Bush administration, is wind turbines being transported on our We will be much closer to $1 trillion taking that money from the general roads and rails. We are seeing biofuels than we will be to $500 billion. Think fund and putting it back into the high- and more wear and tear on our roads about $1 trillion. That is $3,300 for way trust fund because we have a and rails. every man, woman, and child we are promise for public safety to the people As we move to the next century, eco- going to spend next year that we don’t of this country. nomics with the next century energy, have. We are not going to add it to the My colleagues have been talking looking at more of our energy being seniors because they are never going to about priorities. I think there has been produced from the workers and farmers pay it back. If you are born today, in- an issue of priorities. I would like to of this country, we cannot be stuck in stead of owing $410,000, which you will pay for some of the things that are last century’s transportation system. I ultimately be responsible for in terms going on in this country when we see am not going to pretend that replen- of unfunded liabilities, we are going to that deficit. I can tell you how I would ishing the money into the highway move you to about $500,000. None of our do it, how I would pay for that deficit. trust fund is going to bring us to where kids can afford that. We are stealing I would start bringing our troops home we need to be with public transpor- America away from our children. The from Iraq. That is $10 billion a month. tation and where we truly need to go

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.071 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8262 CONGRESSIONAL RECORD — SENATE September 10, 2008 with infrastructure in this country to vote. Where we are right now is, last anced Budget Act. It was not that. It compete on the world stage. At least it Friday I was notified by the Depart- was actually in TEA–21. Nonetheless, will stop the bleed so we are going to ment of Transportation that the high- back in 1998, they took $8 billion out of be able to keep up with the ongoing way trust fund would run out of money the trust fund and put it into the gen- projects we have right now. sometime in the next 2 weeks. As re- eral fund. That is critical, we under- I am glad the administration is fi- cently as this summer, DOT said it was stand, because this is a moral issue. nally supporting doing something going to be all right for another year. Probably the most popular tax in about this. It has been sad that we We understand. A lot of people don’t America today is the tax we have on have gone to the other side three times understand this. our highways because people know to try to fund this important transit The Federal gas tax is not a percent- when they buy a gallon of gas, that fund. As President Kennedy once said, age, it is a centage. That means for money is going to go to repairing high- building a road or highway isn’t pretty, every increase that we have in the ways, bridges and overpasses and make but it is something that our economy price of gas, the revenues go down. them safer for everyone in America. needs to have. We see that with that Consequently, they have gone down in That is fine, but when they find out we bridge in Minnesota, but we see it over such a way that could not have been have raided that trust fund and have and over again in the rural areas with anticipated at the time. That, com- taken $8 billion out and put it into the the development of the wind farms and bined with the busy construction sea- general fund, that is morally wrong. development of solar and ethanol. son, caused the trust fund’s balance to I argued since that time—I can re- Just to give you a sense of what we go from $4.2 billion at the end of July member being on the floor 10 years ago, are seeing in our State, for the first 6 to less than $1.4 billion in the begin- in 1998, saying this is wrong, we months in 2007 ethanol production in ning of September. shouldn’t be doing it. I have been try- the United States totaled nearly 3 bil- In my State of Oklahoma, our direc- ing to rectify that problem since 1998. lion gallons or 32 percent higher than tor is Gary Ridley, who I believe is the We are in a position where we can the same period last year. Of course, best director in the United States of look at it this way: that we are recti- we are going to move to cellulosic, but America. He was forced to take dra- fying something that should not have that will still meet transportation matic action—and I think prudent ac- happened 10 years ago. We are giving needs in rural areas. Currently, there tion—when he said we would have to back the $8 billion to the trust fund. are 128 ethanol plants nationwide, with cut by $80 million the projects in Au- That is not fiscally irresponsible. I total annual production capacity near- gust that were postponed. think it is the right thing to do. ing 7 billion gallons, and an additional Here is what we are up against. These While I agree with my colleagues the 85 plants are under construction. Total are projects that have already been bid, highway program has grown to include ethanol production is expected to ex- people have been hired, the shovels are things that are not in the Federal in- ceed 13 billion gallons per year by early in their hands ready to do something, terest and doing nothing to save lives 2009. and all of a sudden they have to stop or reduce congestion or relieve the In terms of transportation, this doing it which creates all kinds of problems of transportation, which is a means that an average square mile of problems. crisis in America, these issues are more land in southern Minnesota, which gen- Furthermore, at the point the trust appropriately dealt with in the na- erates now the equivalent of 80 loaded fund officially runs out of money— tional highway reauthorization bill for semitrucks per year, could soon which will be within the next 8 days 2009. produce double that or 160 loads of unless we do what we are doing today, I plan to play a very important, sig- grain per year. So we are seeing more which I am confident we will—work on nificant role. I will continue to be one wear and tear on our roads. It is a good countless projects currently under con- of the big four, as Senator BOXER re- thing. We want to produce wind and struction will be halted. In other ferred to it, during that time. I have solar and biofuel and homegrown en- words, projects already under construc- felt for a long time—and I agree with ergy in this country. That will mean tion will be stopped. my junior Senator—that there are a lot having a transportation system that The uncertainty over the Federal of items that should not be in a Trans- can keep up with our growing econ- Government’s ability to make good on portation reauthorization bill. Over the omy. financial promises made in law is forc- years, more and more projects have Mr. President, I will end with what I ing States to substantially disrupt crept in. began with. We are going to be opening their highway programs. It is a lot It is interesting that Senator BOXER, a new bridge in Minnesota. Every time more serious than just stopping pro- who is considered one of the most lib- I go by that bridge, which is six blocks grams because if you stop programs, eral Members of this body, and myself, from my house, I always think about you are breaching contracts. You will who has been ranked recently as the that schoolbus with kids in it that was have lawsuits and penalties that will most conservative Member of this perched precariously and by some mir- come in and end up costing a lot more body, agree in this area. While I am acle it didn’t go over the side. Every money. This is why we say what we are conservative, I have said I am a big kid was saved. They called it the mir- facing is, indeed, a crisis. spender in two areas. One is national acle bus. We have a promise to those Once a project is canceled or delayed defense and the other is infrastructure. kids that were on that bus that this and jobs are lost, it is not as simple to That is what Government is supposed isn’t going to happen again. We will restart the project, as there will be to be doing. keep our roads and highways as a No. 1 penalties to the States and, in many Talk to anyone, and they will tell goal of our Government—public safety. cases, a new contracting process. you it is a crisis out there with our That means not just safety on our Despite the arguments to the con- bridges. Oklahoma is dead last in the streets but safety in our streets. That trary, in my opinion, H.R. 6532 is not a condition of our bridges. They don’t re- means better roads, bridges, and a bet- raid on the general fund. In fact, the alize it, but we are No. 3 from the top ter transportation system. So that is opposite is true. Let me go over this in terms of number of bridges, only ex- why we would have liked to have done point to be sure we all understand. ceeded by Texas and California. Yet we this in another way, but we are in a I do not find disagreement with any- are a relatively small State. So we crisis situation with our transit funds, thing my three Republican colleagues have this problem. We have to deal and we should support it and replenish said here. They are talking about a lot with it, and Government has to do it. the funds. of things that had very little to do When the Federal highway system With that, I yield the floor. with this bill. I certainly agree with was chartered back in 1953 during the The PRESIDING OFFICER. The Sen- my junior Senator in his discussion Eisenhower administration, I believe, ator from Oklahoma is recognized. about the United Nations, about the we have been doing highways and fund- Mr. INHOFE. Mr. President, let me Social Security trust fund problems, ing them the same way since that conclude on our side and then, hope- and spending in general. What hap- time. Up until about 7 or 8 years ago, fully, we are going to go to Senator pened here—and I was mistaken not we always enjoyed a surplus in the MURRAY after that and then to a voice too long ago. I said it was the 1998 Bal- highway trust fund. That is why people

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.072 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8263 are always targeting it, saying there is Mr. BAUCUS. Mr. President, I rise to It is important to remember the a surplus there, let’s throw in the bike discuss legislation vital to this Na- States have been relying on the 2005 trails, let’s throw in all these other tion’s transportation infrastructure. agreement between the Bush adminis- projects about which Senator COBURN The highway trust fund, the means by tration and Congress when developing was talking. I agree with him they which we fund our Nation’s roads, high- State budgets over the last several should not have been there. ways, and bridges, is in trouble. To- years. They relied on us. One of the ways we are going to meet morrow, the U.S. Department of Trans- Fixing the highway trust fund will this crisis—and I am going to try to do portation will slow down payments to preserve Federal funding for roads, it—is to make sure everything we do is States for infrastructure investments. highways, and bridges, and it will pre- directly related to safety on the high- That is highway projects. This is hap- serve good-paying jobs that rely on ways and safety in transportation. pening because forecasts now suggest construction and maintenance Intermodal, sure, we have to consider that a shortfall of billions of dollars to projects. we have channels, we have barge traf- the highway trust fund will occur in An important point here, too, is no fic, we have trains, we have all these the near future. offset is required to fix the highway things that are important. But we do The shortfall stems from the agree- trust fund and that is because the $8 have a serious problem, and anyone ment of the 2005 highway bill negotia- billion transferred is intergovern- who doesn’t think we have a serious tions, when the Bush administration mental. The Congressional Budget Of- problem in transportation in America and the Republican-led Congress agreed fice indicates this fix does not con- has not been out driving around. to spend down the balance of the fund. stitute a spending outlay and, thus, I don’t argue with those who feel this Last year, we learned the trust fund would not violate the pay-go rules. process is not right. I don’t like this would run out of money faster than an- Likewise, the Joint Committee on Tax- process. I was hoping we would be all ticipated. Accordingly, the Finance ation confirms this transfer will have right when we passed the 2005 Trans- Committee reported out a bill at that no revenue effect. portation reauthorization bill. I was time to address the problem. We tried I am pleased the Bush administration elated. I knew we were going to be in to move a $5 billion highway fix earlier has finally come to its senses and real- good shape on that bill. All these this year as part of a larger FAA reau- ized the need to address this problem. I things happen, but when they happen, thorization bill, and that proposal was am pleased my colleagues in the Sen- we have to correct it. You can’t say blocked. So we had to find other ways ate across the aisle have removed their this is the wrong way to do it. I have to to pass this critical highway fix. In the objections, and I am pleased we are do it and whatever way is right. That is meantime, the highway trust fund now finally going to do what needed to my opinion. Maybe I am in the minor- problem worsened. As gas prices rose be done for over a year. ity, but when we are defending Amer- dramatically, fuel tax receipts, which I wish to note that the chairman of ica and working on infrastructure, finance the lion’s share of the highway the Subcommittee on Transportation, Government has to perform. trust fund, dropped sharply. In short, the senior Senator from Washington, I would only say I do not disagree as Americans drive less and purchase has joined me in doing everything she with my colleagues who do not like the less fuel, the trust fund shortfall has could do to get this problem fixed. She way this happened. I don’t like the way worsened, even more so than we pre- talked with me innumerable times and it happened either. I wish it did not viously expected. many Senators. She was very con- happen that way. I can tell you we are So we tried to pass the highway trust cerned about this situation and worked going to have to do something. I don’t fund as a stand-alone bill. Recognizing so hard. She deserves the lion’s share agree this is a bailout. I don’t call it a the dramatically worsening state of of the credit for all the work she has bailout. I think it is one of the two the fund, we proposed an $8 billion fix— done. I congratulate her for her staying prime responsibilities of Government, not $5 billion but up to $8 billion. In efforts in that regard. and we are going to have to do it. What fact, the $8 billion fix matched the We should not delay any further. We we are doing now is not enough. amount that was taken from the high- should remember the old adage: There Let me speak to my colleagues who way trust fund when its balance was are no Democratic roads, there are no have complaints about what is in a deemed to be too large back in 1998. Republican roads, only American highway reauthorization bill. When the We worked with the House in devel- roads. We need to fix this trust fund 2009 reauthorization bill takes over oping that measure, and the House sent now. Our States and constituents are from the 2005 bill, I will expend as it over to the Senate with a resounding relying on it. much energy as I can to keep on the vote of 387 to 87. We attempted to clear Mr. President, I yield back the re- track of safety and moving America that bill through the Senate by unani- mainder of our time. and not all these other things special mous consent on June 26, but the bill The PRESIDING OFFICER. All time interest people want. I think those was blocked again. is yielded back. things are fine, but they should stand Then before Congress recessed in Au- The question is on the engrossment on their own two feet. I believe we have gust, I again attempted to move this $8 of the amendment and third reading of the opportunity now to get this done. billion highway trust fund fix as part the bill. While I don’t like the way it hap- of the Jobs, Energy, Families, and Dis- The amendment was ordered to be pened, I can tell you it had to happen. aster Relief Act. But that measure also engrossed and the bill to be read a We cannot stop construction in Amer- failed to pass. third time. The bill was read the third time. ica at a time that is already a crisis. In Ensuring the highway trust fund re- The PRESIDING OFFICER. Under the absence of passing this bill today, mains solvent means my State of Mon- the previous order, the bill having been that is exactly what will happen. tana will not have to suffer more than read the third time, the question is on I encourage everyone to vote for it. I $98 million in funding cuts, as well as passage of the bill, as amended. hope we are going to be able to do it on approximately 3,500 job losses in the The bill (H.R. 6532), as amended, was a voice vote. I understand other speak- next year. passed, as follows: ers wish to be heard. I will go ahead Nationwide, the industry experts tell and set an example and yield back the us the funding cuts to States would be H.R. 6532 remainder of our time on this side, at least $14 billion, with job losses ap- Resolved, That the bill from the House of proaching 400,000 if we fail to address Representatives (H.R. 6532) entitled ‘‘An Act hoping we can get to the vote. to amend the Internal Revenue Code of 1986 The PRESIDING OFFICER. The Sen- this trust fund need. This will occur at to restore the Highway Trust Fund bal- ator from Montana. a time when nationwide unemployment ance.’’, do pass with the following amend- Mr. BAUCUS. Mr. President, how is at its highest level in 5 years. ment: much time is available? In transferring $8 billion from the On page 3, line 2, strike øSeptember 30, The PRESIDING OFFICER. Twenty general fund into the highway trust 2008¿ and insert the date of the enactment of minutes. fund, we will ensure delivery of the full this Act Mr. BAUCUS. On this side? $41.2 billion in guaranteed highway Mrs. MURRAY. I move to reconsider The PRESIDING OFFICER. Yes. funding for fiscal year 2009. the vote.

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.073 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8264 CONGRESSIONAL RECORD — SENATE September 10, 2008 Mr. LEVIN. I move to lay that mo- lion; on targets, we fully funded; and AMENDMENT NO. 4979 tion on the table. on the Aegis and the SM–3 missile, we The PRESIDING OFFICER. Under The motion to lay on the table was added $100 million. So on the items he the previous order, there is now 2 min- agreed to. adds money to, we either added money utes of debate equally divided on the f or fully funded. We did not cut those Nelson amendment No. 4979. Who yields items. time? NATIONAL DEFENSE AUTHORIZA- Mr. NELSON of Florida. Madam The Senator from Florida is recog- TION ACT FOR FISCAL YEAR President, his cuts would allow the nized. 2009—Continued Secretary of Defense to make cuts Mr. NELSON of Florida. Senators, I AMENDMENT NO. 5280 across the board to the budget in order can make this very quick. This is for The PRESIDING OFFICER. Under to fund his add-back, and that could be the widows and orphans. This is remov- the previous order, there is now 2 min- the Joint Strike Fighter, the B–52, the ing the offset from the survivor’s ben- utes, equally divided, prior to a vote on F–22, the Patriot Missile, and the LPD efit that a military retiree pays, like the Vitter amendment. amphibious ship. This is not good pol- an insurance premium, and gets a sur- Mr. LEVIN. I suggest the absence of icy. Our committee came out, on $9.3 vivor’s benefit. But, oh, by the way, a quorum. billion, and cut only 4 percent on na- under current law that survivor’s ben- The PRESIDING OFFICER. The tional missile defense. efit is offset—what they get out of the clerk will call the roll. The PRESIDING OFFICER. The Veterans Affairs Department—in de- The legislative clerk proceeded to question is on agreeing to the amend- pendency and indemnity compensation. call the roll. ment. The yeas and nays were pre- We passed this overwhelmingly last Mr. LEVIN. Madam President, I ask viously ordered. The clerk will call the year. We need a big vote so we can tell unanimous consent that the order for roll. the conference committee not to gut it the quorum call be rescinded. The legislative clerk called the roll. again. The PRESIDING OFFICER (Ms. Mr. DURBIN. I announce that the I yield the floor. Senator from Delaware (Mr. BIDEN), CANTWELL). Without objection, it is so The PRESIDING OFFICER. The Sen- ordered. the Senator from Massachusetts (Mr. ator from Virginia is recognized. KENNEDY), and the Senator from Illi- Mr. WARNER. Madam President, this AMENDMENT NO. 5280 nois (Mr. OBAMA) are necessarily ab- is a very laudatory effort on behalf of Mr. LEVIN. Madam President, what sent. our colleague. It is one I will person- is the order now? Mr. KYL. The following Senator is ally support. I do, however, draw to the The PRESIDING OFFICER. The necessarily absent: the Senator from attention of all colleagues that it is a pending question is the Vitter amend- Arizona (Mr. MCCAIN). very expensive provision, but it is one ment. The PRESIDING OFFICER. Are there that deserves the recognition that it Mr. LEVIN. And is there a time any other Senators in the Chamber de- has been given by our colleague and agreement on debate? siring to vote? further consideration of the conference The PRESIDING OFFICER. There The result was announced—yeas 39, between the House and the Senate. was to be 2 minutes equally divided at nays 57, as follows: The PRESIDING OFFICER. The 6 p.m. [Rollcall Vote No. 198 Leg.] question is on agreeing to the amend- Mr. LEVIN. Does the Senator from ment. Louisiana wish to go first or second? YEAS—39 The yeas and nays have previously Mr. VITTER. I would like to go first, Alexander Craig Isakson Allard Crapo Kyl been ordered. and I may reserve some time. Barrasso DeMint Landrieu The clerk will call the roll. The PRESIDING OFFICER. The Sen- Bayh Dole Lugar The assistant legislative clerk called ator from Louisiana. Bond Domenici Martinez the roll. Mr. VITTER. Madam President, I rise Brownback Ensign McConnell Bunning Enzi Roberts Mr. DURBIN. I announce that the in strong support of the amendment Burr Graham Shelby Senator from Delaware (Mr. BIDEN), pending before us and would ask all my Chambliss Grassley Specter the Senator from Massachusetts (Mr. colleagues to look favorably upon this Coburn Hagel Thune Cochran Hatch Vitter KENNEDY), and the Senator from Illi- amendment. Coleman Hutchison Voinovich nois (Mr. OBAMA) are necessarily ab- The committee had decided to cut Cornyn Inhofe Wicker sent. $411 million from the Missile Defense NAYS—57 Mr. KYL. The following Senator is Agency budget. That is a significant Akaka Feinstein Nelson (NE) necessarily absent: the Senator from amount of money. This amendment Baucus Gregg Pryor Arizona (Mr. MCCAIN). would not restore all of that; it would Bennett Harkin Reed The PRESIDING OFFICER. Are there restore $271 million of that amount. I Bingaman Inouye Reid any other Senators in the Chamber de- think that is very justified considering Boxer Johnson Rockefeller Brown Kerry Salazar siring to vote? the significance of missile defense, par- Byrd Klobuchar Sanders The result was announced—yeas 94, ticularly in a post-Cold War world, Cantwell Kohl Schumer nays 2, as follows: with threats such as North Korea and Cardin Lautenberg Sessions Carper Leahy Smith [Rollcall Vote No. 199 Leg.] Iran and even the technological uncer- Casey Levin Snowe YEAS—94 tainty of the Chinese military. Clinton Lieberman Stabenow In addition, the committee itself Collins Lincoln Stevens Akaka Cochran Hagel Conrad McCaskill Sununu Alexander Coleman Harkin noted that the Joint Chiefs staff report Corker Menendez Tester Allard Collins Hatch said that we need about twice as many Dodd Mikulski Warner Barrasso Conrad Hutchison THAAD and Standard Missile-3 inter- Dorgan Murkowski Webb Baucus Corker Inhofe ceptors as the number currently Durbin Murray Whitehouse Bayh Cornyn Inouye Feingold Nelson (FL) Wyden Bennett Craig Isakson planned. This amendment would help Bingaman Crapo Johnson get us to that point. NOT VOTING—4 Bond DeMint Kerry The PRESIDING OFFICER. The Sen- Biden McCain Boxer Dodd Klobuchar Kennedy Obama Brown Dole Kohl ator has used 1 minute. Brownback Domenici Kyl Mr. LEVIN. Madam President, I will The amendment (No. 5280) was re- Burr Dorgan Landrieu take 30 seconds and yield 30 seconds to jected. Byrd Durbin Lautenberg my friend from Florida. Mr. LEVIN. Madam President, I Cantwell Ensign Leahy Cardin Enzi Levin On the four items that the Vitter move to reconsider the vote. Carper Feingold Lieberman amendment adds money to, the com- Mr. BAUCUS. Madam President, I Casey Feinstein Lincoln mittee either already added more than move to lay that on the table. Chambliss Graham Lugar Clinton Grassley Martinez the administration requested or fully The motion to lay on the table was Coburn Gregg McCaskill funded. On THAAD, we added $115 bil- agreed to.

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.014 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8265 McConnell Rockefeller Sununu Mr. WARNER. Madam President, at been 62 confirmed suicides as well as 31 Menendez Salazar Tester the moment, speaking for myself as deaths under investigation that are Mikulski Sanders Thune Murkowski Schumer Vitter one of the managers of the bill, I suspected to be suicides, which means Murray Sessions Warner strongly support the package. We have this year’s gruesome numbers could Nelson (FL) Shelby Webb worked on it together, as we have all surpass the record of 115 suicides set Nelson (NE) Smith Whitehouse the times we have managed these bills. last year. The number of attempted Pryor Snowe Wicker Reed Specter Wyden I know of no objections that have been suicides or self-inflicted injuries in the Reid Stabenow communicated to me, but I would like Army, approximately 2,100 last year, Roberts Stevens to ask the indulgence of the chairman has risen sixfold since the Iraq war NAYS—2 for a few minutes such that I can check began. These startling statistics should Bunning Voinovich with my cloakroom staff. serve as a wake-up call that suicide NOT VOTING—4 Mr. LEVIN. I suggest the absence of among soldiers and veterans is more a quorum. than a small problem. It is rapidly be- Biden McCain Kennedy Obama The PRESIDING OFFICER (Mr. coming a very big problem. To address CASEY). The clerk will call the roll. this critical concern, I worked with a The amendment (No. 4979) was agreed The assistant legislative clerk pro- number of my colleagues to introduce to. ceeded to call the roll. the Armed Forces Suicide Prevention Mr. WARNER. I move to reconsider Mr. LEVIN. I ask unanimous consent Act, S. 2585, with 20 bipartisan cospon- the vote. that the order for the quorum call be sors. The amendment I am offering to Mr. LEVIN. I move to lay that mo- rescinded. this bill merely adds the preventative tion on the table. The PRESIDING OFFICER. Without measures from this carefully crafted The motion to lay on the table was objection, it is so ordered. bill, S. 2585, to the excellent underlying agreed to. Mr. LEVIN. Mr. President, the Sen- language that is in the Defense author- Mr. LEVIN. Madam President, for ator from Iowa wishes to speak as in ization bill before us. the information of colleagues, what I morning business for up to 10 minutes. The Defense authorization bill before am about to do is send a series of 14 I have no objection, providing he would us does increase mental health per- amendments to the desk which I hope agree that at any time during that 10 sonnel and post-suicide investigations we will be able to adopt at this point minutes we could interrupt him, if we in the military. That is in the under- by unanimous consent. The amend- get unanimous consent agreement on lying bill. The amendment I am offer- ments include one on behalf of myself the series of amendments I outlined. I ing requires the Department of Defense and Senator MCCAIN, which is a tech- hate to interrupt his remarks, but the to implement comprehensive suicide nical correction to the underlying bill; timing is critical. prevention programs within all an amendment on behalf of Senators Mr. HARKIN. I have no problem. branches of the military, including the AKAKA and VOINOVICH requiring a re- The PRESIDING OFFICER. Without National Guard and Reserves. Among port on the security clearance review objection, it is so ordered. other things, the amendment directs process; an amendment on behalf of Mr. WARNER. I thank my colleague. the Pentagon to conduct a servicewide Senators BINGAMAN and DOMENICI re- I have been informed by our staff campaign to reduce the stigma associ- quiring a report on the test and evalua- that there are objections to the proce- ated with mental health issues and to tion activities of the Department of dure to have this package of amend- encourage servicemembers who are ex- Defense; an amendment on behalf of ments cleared at this time. periencing difficulties to seek help. It Senators COLLINS, LIEBERMAN, and oth- The PRESIDING OFFICER. The Sen- also engages military leadership by in- ers to ensure oversight and account- ator from Iowa. corporating suicide prevention training ability in Federal contracting; an Mr. HARKIN. Mr. President, this for all servicemembers. amendment on behalf of Senators COL- week is National Suicide Prevention So this amendment takes the pre- LINS and LIEBERMAN to establish a gov- Week. In honor of the families who ventative measures from the bill we in- ernmentwide contingency contracting have lost a military family member to troduced with 20 bipartisan cosponsors corps; an amendment on behalf of Sen- suicide, I wish to speak now about an and adds it to the underlying Defense ators LUGAR, BIDEN, and others to build amendment I have to this bill to ad- authorization bill. operational readiness and civilian dress one of the most critical issues The language I am talking about was agencies; an amendment on behalf of facing our troops right now, the issue coordinated carefully with each branch myself, Senators MCCAIN and AKAKA, of suicide. The Joshua Omvig Veterans of the Armed Forces, and their rec- to establish the position of Director of Suicide Prevention bill was signed into ommended revisions were incorporated. Independent Cost Assessment; an law this past November. But that has The bill complements other recent de- amendment on behalf of Senators to do with veterans. However, the De- fense legislation such as the Wounded MCCASKILL and MCCAIN relating to a partment of Defense has reported an Warriors Act, addressing the well-being database for contracting officials; an increase in suicides among Active-Duty and welfare of our servicemembers and amendment on behalf of Senators soldiers. With extended combat tours their families. This Armed Forces Sui- SMITH, BAYH, and NELSON of Florida re- to 15 months from 12 months, with cide Prevention Act has the endorse- lating to travel of family members of many servicemembers on their third or ment of the Iraq and Afghanistan Vet- the Armed Forces with serious mental even fourth rotation to Afghanistan or erans of America, the Suicide Preven- disorders; an amendment on behalf of Iraq, the psychological strains are tion Action Network, the National Senators LIEBERMAN and COLLINS relat- enormous. The Department of Defense Military Families Association, and the ing to ethics safeguards for employees; Task Force on Mental Health has stat- National Alliance on Mental Illness. an amendment on behalf of Senators ed that both the VA and the Depart- We know these kinds of programs can LIEBERMAN, COLLINS, and MCCASKILL ment of Defense are not prepared to make a big difference. In the early regarding whistleblower rights; an deal with this increase in mental 1990s, one in every four deaths among amendment on behalf of myself and health needs of Active-Duty service Active-Duty Air Force personnel was Senator WARNER codifying recurring men and women. from suicide. The Air Force imple- authority on contributions to NATO; Nearly each year of the 5-year-old mented the kind of comprehensive sui- an amendment on behalf of Senator war in Iraq and the 7 years of war in cide prevention program required by MCCONNELL on traumatic brain inju- Afghanistan, the suicide rate has in- the bill we have introduced and by this ries; and on behalf of Senator MENEN- creased. Last year suicides among Ac- amendment, and by 2002 the suicide DEZ, an amendment regarding the En- tive-Duty soldiers reached their high- rate had been reduced by over a third. vironmental Protection Agency. Those est level since the Army began keeping Violent crime and family violence also are the amendments I am hoping we records 28 years ago. Suicide was the were reduced after the preventative can adopt at this time. leading cause of noncombat deaths in program was implemented. The PRESIDING OFFICER. The Sen- Iraq in 2007. This trend has begun to re- We cannot just sit idly by and watch ator from Virginia. peat itself in 2008. So far there have as these young brave Americans, who

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That is my unani- after multiple deployments that are ma reduction outreach campaign to aid mous consent request. stressing their families to the breaking in those efforts—a campaign to reduce The PRESIDING OFFICER. Is there point. This is not just about the armed the stigma of a soldier who is having objection? servicemembers who commit suicide; it mental health problems from seeking Mr. WARNER. No objection. is about the deep and painful despair help. The PRESIDING OFFICER. Without that drives them to do it. I know the We all know—those of us who have objection, it is so ordered. Army says they have effective pro- been in the military—what it is like. The Senator from South Carolina is grams in place. But if that is true, You do not want to admit you are hav- recognized. where are the outcomes? Why do we ing psychological problems, that this, Mr. GRAHAM. I thank the Chair. have an ever-increasing suicide rate in somehow, is something you are not f the military? supposed to have happen to you. So you IRAQ The GAO just reported last week that have to reduce the stigma of this so the DOD—Department of Defense—does these young men and women who are Mr. GRAHAM. Mr. President, I just not even know if the post-deployment having these problems will seek help want to let my colleagues know where health reassessment surveys are being and by getting that help will heal their I am coming from, along with Senator completed. Now, for those who may not psychological wounds. LIEBERMAN, that amendment No. 5368, I have heard about this tool, the It is a simple, commonsense approach believe it is, is an amendment offered PDHRA, as it is called, surveys health to a pervasive, disturbing trend, as I by Senator LIEBERMAN and myself that and mental health concerns within 90 said, a very growing problem in the speaks of the surge, the success of the and 120 days of deployment. Well, how military. So I hope all my colleagues surge, how vital it was that we turn can DOD say they are good stewards of can join with us to support the dedi- Iraq around, and the fact that the mental health when they cannot show cated men and women serving our surge has worked. us they are even doing these country and support this needed General Petraeus said today in the screenings? amendment. Washington Post, I believe, that Iraq is The DOD’s position on this amend- With that, Mr. President, I yield the still the central battlefront in the war ment I am offering is that it ‘‘would es- floor. on terror. Senator OBAMA has disagreed tablish a legislative mandate for pro- The PRESIDING OFFICER. The Sen- with that on numerous occasions, say- grams already ongoing or within the ator from Virginia. ing it is Afghanistan and Pakistan. Secretary’s authority to establish. Mr. WARNER. Mr. President, I see The truth is, the battle regarding the However, the administration supports the chairman of the committee. I think war on terror is an idea, not a place, the goals of this legislation and we the work on the bill tonight is con- and the fight now is in Iraq. Bin Laden look forward to working with Congress cluded, and I recommend we go off the said: Go to the land of the two rivers. to address these concerns.’’ bill and open the floor to morning busi- Make sure we win that battle. Bin Well, they may have the current au- ness, if that is agreeable. Laden has always seen Iraq as an out- thority, but the numbers do not bear Mr. LEVIN. Mr. President, would come-determinative event. So does out they are actually doing it. Frank- Senator SANDERS be willing, as a num- General Petraeus. So does Senator ly, my staff has met—and I have also— ber of other colleagues are, that his re- MCCAIN, Senator GRAHAM, and Senator with veterans in Iowa who say that marks, although they relate to the bill, LIEBERMAN. while programs like this are in place be in morning business? So the good news is that battle has and working well in some units, it is Mr. SANDERS. Absolutely. taken place in Iraq between al-Qaida, the Iraqi people, and the coalition not a universal experience for Armed f Services members. Too many brave forces, and we have greatly diminished young men and women are falling MORNING BUSINESS al-Qaida. They suffered a mighty blow through the cracks, and the DOD is Mr. LEVIN. In that case, Mr. Presi- at the hands of fellow Muslims who simply not doing a thorough job here. dent, I ask unanimous consent that we turned on al-Qaida after tasting their One ignored soldier who has had men- now move off the bill, move to morning agenda. I cannot think of a more ap- tal health problems—who is stressed business, and that Senators GRAHAM propriate topic for the Senate to take out, who has seen his buddies’ arms and and LIEBERMAN be recognized and then up than to comment on what I think is legs disappear from bombings or had Senator SANDERS be recognized. the most historic, successful counterin- their lives taken away, who is on mul- The PRESIDING OFFICER. The Sen- surgency operation in military history, tiple deployments, and he has kids ator from Virginia. to memorialize that it has worked, to back home—one soldier with those Mr. WARNER. Mr. President, if I acknowledge those who sacrificed to kinds of stresses who is ignored is one might say to my colleague, Senator make it work, those who led our men soldier too many. GRAHAM has an airplane he is trying to and women in battle. This, to me, is That is why Congress has to act to catch. very appropriate and important. It was make this a priority. Yes, this is going Mr. LEVIN. Mr. President, I wonder a year ago today that General Petraeus to be a legislative mandate, and I in- if Senator GRAHAM could speak for just testified about his plan in Iraq, and a tend it to be that. When GAO tells us a few minutes, and then we could turn year later we see stunning success that DOD cannot even tell us what to Senator SANDERS and then to Sen- militarily, economically, and politi- they are doing, then I think it is time ator LIEBERMAN. cally. So I believe with all the passion for a legislative mandate. Mr. President, I ask Senator I can muster about this topic that the The military does an extraordinarily GRAHAM, how many minutes does he Senate needs to take this up, discuss good job of treating our warriors’ phys- wish? it, debate it, and vote on it. ical wounds and preventing death and Mr. GRAHAM. Three minutes. I thank Senator LIEBERMAN for his disability. It is time to place an equal Mr. LEVIN. Mr. President, I ask steadfast leadership over the last year. priority to treating their psychological unanimous consent that we now move I say to the Senator, you, my friend, wounds, their emotional wounds, and off the bill and go to morning business will go down in history as being one of preventing suicides. That is exactly and that Senator GRAHAM be recog- the Senators who stood up at a time what this amendment will accomplish. nized for 3 minutes and then Senator when the country needed people to As I have said, there is already excel- SANDERS be recognized for up to 20 speak out. We turned this war around lent language in the underlying De- minutes. I want Senator LIEBERMAN to because of people like yourself and fense authorization bill to expand men- hear that request. Senator MCCAIN but mainly because of

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Root’s huge Iraq support contract when defense contractors at a moment of na- Mr. SANDERS. Mr. President, I ask this distinguished public servant re- tional crisis during World War II? The unanimous consent to speak for 20 min- fused to approve paying the company utes in morning business. answer is, of course, no, he was not. He more than $1 billion in questionable simply demanded that, in his words: The PRESIDING OFFICER. Without charges. In other words, he did his job. objection, it is so ordered. Each dollar expended for war purposes He took a hard look at where this would produce a dollar’s worth of the nec- f money was going. There were red flags essary war supplies. DEFENSE AUTHORIZATION BILL popping up all over the place. He said: I think that is certainly a reasonable Wait a minute. We are not going to pay Mr. SANDERS. Mr. President, the request supported by every taxpayer in this money. His reward was not a com- this country. legislation we are dealing with today mendation but his firing. authorizes more than $500 billion, and That is why last year I and the Pre- And on and on it goes. The Air Force siding Officer joined with other fresh- even in Washington that is a heck of a paid a private U.S. contractor $32 mil- men colleagues to introduce legislation lot of money. That expenditure comes lion to construct a Ramadi, Iraq air- calling for the creation of a commis- at a time when we have massive base. That is OK, except the only prob- sion on war contracting modeled on the amounts of unmet needs in our coun- lem is the contractor cashed a check Truman committee. We need such a bi- try, when there is a crumbling infra- and the facility was never built—$32 partisan effort more now than ever. structure, a need to invest in sustain- million for a project never undertaken. Today, government auditors have com- able energy, a need to address edu- Another contractor was paid $142 piled lists of countless examples of cation, and many other needs. On top risky and inadequate practices by the of all of that, we are looking at a $9.5 million to construct Iraqi prisons, fire stations, and police facilities that were Defense Department in overseeing con- trillion national debt and a record- tracts. breaking deficit. either never started or never com- pleted—$142 million. The problem is not just private con- I hear many of my colleagues come tractors. The Department needs to It is absolutely essential for us to to the floor and speak about waste and adopt better practices to stop blatant provide the Pentagon with the budg- fraud in all kinds of agencies and, examples of wasteful and overpriced etary means they need within that frankly, that is appropriate. Our job as purchases. Members of Congress is to make sure huge budget to root out waste, fraud, Some examples: we do our best to see that not one nick- and abuse by contractors in war zones The GAO—the Government Account- el—not one nickel—is spent in waste or overseas. We also must take a close ability Office—recently assessed 72 in fraud or unwisely. But just as we look at how money is misspent here at major weapons acquisition programs should do that with the Department of home—not just in Iraq or Afghanistan. and reported a colossal $295 billion in Agriculture or with Human Services, The Air Force—the Air Force, needless cost overruns on a $1.6 trillion contract we should also do it with the Defense to say—has a few airplanes, but appar- portfolio—$295 billion in cost overruns. Department; in fact, even more so with ently cannot ship a package directly That is not a bad apple, that is not an the Defense Department, because their from a depot in Corpus Christi, TX, to aberration, that speaks to a system budget is so huge—$500 billion at a a National Guard unit in Oklahoma. that is significantly broken. What is time of massive amounts of unmet Because of outdated freight forwarding more, on average, these systems are de- needs in this country. It appears that rules, investigators discovered that one livered 21 months late. So these con- not a week goes by when one doesn’t package took a 2,243-mile detour tractors end up getting far more than open a newspaper or see a television through Houston, TX, to Fort Wayne, they were originally supposed to get program which deals with another ex- IN, and then on to Dallas before it ar- and, to boot, they are almost 2 years ample of horrendous waste, fraud, or rived at its destination in Oklahoma. late on delivering the product. abuse which takes place within the De- The GAO is investigating the ridicu- It gets even worse than that. The De- partment of Defense. lous shipping regulations that cost tax- fense Department has shelled out bil- I know my colleagues on the Defense payers millions of dollars. lions of dollars in bonuses to contrac- tors who don’t deserve them. According Committee, Senator LEVIN and Senator Now, are all of these examples simply to one study, award and incentive fees WARNER, are aware of these things and so-called bad apples or do they more totaling $8 billion were granted even they are trying, but this is tough stuff. likely represent a broken system with when the contractors did not deserve I think we have to raise our profile in inadequate oversight? In my view, un- the bonuses under the Pentagon’s own addressing this waste, fraud, and abuse. fortunately, it is the latter. I think we rules. What a bonus is supposed to be Just some examples: In March of this have a broken system. I think we have about is you get a reward when you do year, we learned that a 22-year-old De- billions and billions of taxpayers’ dol- lars being wasted and not going where your job well, when you come in per- fense contractor peddled as much as haps under contract, when you come in they need to go, which is to defend our $300 million in old ammunition, much earlier than you had agreed to. That is country. The Pentagon’s leaders have of it defective, to the Afghan Army and what a bonus is. But unfortunately, not done enough to ensure that a dollar to their police forces. That is right. these guys are getting these bonuses spent means a dollar gained in national AEY, a fly-by-night company, landed even when they perform poorly, and security. the huge contract, despite its record of that is clearly unacceptable. botched dealings with the State De- Frankly, this is not a new problem. I wish to commend my colleagues, partment and Defense Department. In In 1940, Senator Harry Truman inves- Senator LEVIN and Senator WARNER, fact, the State Department had placed tigated waste and fraud by the U.S. for their initiative to establish a direc- this company on a watch list of compa- military. During World War II he pro- tor of independent cost assessment. It nies suspected of illegal arms trans- posed the creation of a Senate special is time for this Congress to impose ef- actions. committee to investigate the national fective acquisition controls and require Further, the Pentagon inspector gen- defense program. The Truman com- the Pentagon to put its financial house eral revealed that $321 million was paid mittee identified way back then in the in order. Even the Pentagon’s own in- out to cover salaries of 1,000 anony- 1940s more than $15 billion in unneces- spector general has admitted that: mous employees in the Iraqi Ministry sary and fraudulent defense spending. The rapid growth of the DOD budget since of Finance. That amounts to $320,000 That is a huge amount of money. As fiscal year 2000 leaves the department in- per employee—not bad in Iraq where Senator Truman put it at the time: creasingly more vulnerable to the fraud,

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WHITEHOUSE, and myself, will require gent and sensible strategy. It gets even worse than that. The Air the Secretary of Defense to develop a A little historical perspective is in- Force has on order $235 million in in- comprehensive plan for improving the structive. President Dwight David Ei- ventory already identified as ready for inventory system, including each serv- senhower, a five-star general and the disposal. In case you didn’t catch that: ice’s plan to improve audit systems for military commander of Europe during $235 million in inventory already iden- reducing the gap between projected re- World War II, deplored excessive mili- tified as ready for disposal. So $235 mil- quirements and actual requirements, tary spending and its diversion of re- lion worth of parts not even delivered improvements to information tech- sources away from pressing public to the Air Force’s warehouses will be nology systems, personnel and training needs—Dwight D. Eisenhower. A few ready for disposal by the time they ar- needs, contract reviews, and other rel- days before he left office in 1961, Presi- rive. Now, that may make sense to evant policy changes. dent Eisenhower gave one of the most somebody—maybe the people who Second, this amendment will require prophetic speeches ever given in the make money producing the stuff. It a certification to Congress that the White House. Here is what Eisen- certainly does not make sense to me Army, Navy, Air Force, and Defense hower—a Republican, I should add— or, I expect, anybody else in this coun- Logistics Agency have reduced their what Eisenhower said: try. By the way, this is almost 20 per- secondary inventory. Third, this amendment strengthens cent of its total on-order inventory. It In the councils of government, we must the certification process by fencing off is a huge amount of inventory. guard against the acquisition of unwarranted $100 million in inventory purchases influence, whether sought or unsought, by The Air Force has redefined terms the military industrial complex. The poten- and created new categories such as until the Secretary of Defense makes tial for the disastrous rise of misplaced ‘‘Additional Applications Anticipated,’’ the required certifications. This is a small but critical step to- power exists and will persist.—Dwight David ‘‘Uneconomical to Terminate,’’ ‘‘Man- ward fixing the DOD’s inventory sys- Eisenhower. agement Decision,’’ and ‘‘Data Error.’’ Fast forward 48 years to the last tem. It is time for this Congress to im- What they mean by data error is a se- pose long-needed improvement and re- months of George W. Bush’s Presi- ries of computer entry mistakes dency. It is remarkable how prescient quire the Pentagon to put its house in amounting to $96.5 million during one order. Eisenhower’s concerns were. recent 3-month period alone. To my Today the budget of President Bush Frankly, this is just a small step for- way of thinking, this is further evi- ward. We have a lot more to do. This calls for a $515 billion Pentagon budget. dence of the Air Force’s inability to country faces enormous problems. We This is in addition—this is in addi- manage its inventory program. If data need money spent in many areas. We tion—to the $200 billion a year being errors are rampant in the system, fix don’t need to be wasting tens of bil- spent on the wars in Iraq and Afghani- them. If the inventory problems can’t lions of dollars. I look forward to work- stan, and it also does not include $16 be corrected without costing even more ing with my fellow Senators to see that billion spent on nuclear weapons. That money, then something is wrong with this amendment becomes law. is why I proposed an amendment—a the system. very modest amendment, I might say— This is not just an Air Force prob- f to address one of the more egregious lem; it is Pentagon-wide. The numbers IDAHOANS SPEAK OUT ON HIGH examples of wasteful spending in the for the Navy and Army are also ex- ENERGY PRICES Federal Government. The incredible tremely troubling. The Army’s num- Mr. CRAPO. Mr. President, in mid- amount of unneeded spare parts—what bers are incomplete because the Army June, I asked Idahoans to share with we are talking about is unneeded spare could not provide data from two major me how high energy prices are affect- parts and other items—in the Army, agencies, including the communica- ing their lives, and they responded by Navy, Air Force, and other Department tions and electronics commands, be- the hundreds. The stories, numbering of Defense agency warehouses is meas- cause their inventory computer sys- over 1,000, are heartbreaking and ured in the billions of dollars. What we tems were not compatible with other touching. To respect their efforts, I am are talking about is unneeded spare Army computer systems. This is with a submitting every e-mail sent to me parts. They don’t need it, billions of budget of $500 billion and we can’t get through [email protected] dollars of unneeded spare parts. computers to talk to each other. Iron- .gov to the CONGRESSIONAL RECORD. Fixing the military inventory sys- ically, the communications and elec- This is not an issue that will be easily tems is the reason behind the amend- tronics command is one of the com- resolved, but it is one that deserves im- ment I have authored, along with Sen- mands responsible for Army hardware mediate and serious attention, and Ida- ator FEINGOLD and Senator and software acquisition. hoans deserve to be heard. Their sto- WHITEHOUSE. This underscores the serious problem ries not only detail their struggles to The Government Accountability Of- of the inability of the Defense Depart- meet everyday expenses, but also have fice—the GAO—has placed the Depart- ment computer systems to interface suggestions and recommendations as to ment of Defense inventory system on with each other. My staff was actually what Congress can do now to tackle ‘‘high risk’’ lists year in and year out. told by an Air Force material com- this problem and find solutions that In other words, there is a red flag at- mand manager that Air Force inven- last beyond today. I ask unanimous tached to this line item. tory officers are still actually relying consent to have today’s letters printed The unneeded spare parts inventory on computer systems that are based on in the RECORD. and the inefficient inventory manage- decades-old designs. There being no objection, the mate- ment systems are literally costing the Year after year, the nonpartisan re- rial was ordered to be printed in the taxpayers millions and millions of dol- search arm of Congress has exhorted RECORD, as follows: lars each year. Worse, these unneces- the Pentagon to, 1, provide incentives The gas prices have hit us so hard that my sary spare parts are clogging up the to reduce purchases of unneeded on- family cannot afford to fill up the tank but supply system, costing millions for order inventory; 2, conduct a com- rather $50 at a time. To fill up my diesel storage, and are not providing the sup- prehensive assessment of unneeded in- tank, it now costs $160. We cannot afford va- cations nor can we afford day trips to the port needed for our service men and ventory items on hand; and, 3, take mountains. If this is what the speculators women for defending our country. More measures to address fluctuations in de- wanted, well, they got it. We basically go to than half of the Air Force’s secondary mand that produce these huge inven- work to pay for fuel. I wanted to see my fa- inventory—an average of $31.4 billion— tories. ther this year in Bakersfield, California but

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This crisis will crease the car registration to $150. I give up! found not guilty but there would be many reach into every avenue of our lives. At 56, I When my taxes increase (sales, fees, ssn, who would be found guilty and should be am trying to plan for retirement. I am a li- state, fed ) are more than 50%, I am planning dealt with accordingly!! Yes we need to pro- censed securities advisor, and as such prob- on leaving the workforce and staying home tect our environment but if we go down as a ably have better information than most to to get all of the benefits of the poor and un- sovereign nation, who in this world will take help to arrive at a reasonable retirement in- employed. over our leadership on the issue of environ- come. However, my present plan, due to en- I am absolutely for a free market economy, ment??? We have to get our oil and energy ergy prices has become doubtful. If my situa- but with all of the taxes and fuel charges and independence back so that we can lead the tion is such, what of the common laborer? surcharges on items that require transit, it world in saving our environment!!! It is not Will the gov’t find themselves caring for the is going to break this family. just about money!!! It is about saving this aged in an even bigger way than at present? I am a [conservative, but have been dis- sovereign nation!!!! Not only does our nation Where will they get the funds with the in- appointed with the partisan actions on many depend on it but all the nations of the free crease of baby boomers and reduction of up- issues, including immigration, 2nd Amend- world depend on our survival. coming generations? The energy crisis will ment rights, national security. It sometimes LEE. be a tremendous cost to our American way of feels like those we have elected to lead us life. I personally believe that all americans have forgotten their responsibilities.] I often wonder whatever has become of should be appraised of those in their voting Sincerely, Senators and Congressmen that love Amer- district that do not support a more aggres- SAM, Boise. ica beyond their own political gain? For sive move into the future of energy years and years the Senate and the Congress independance. Perhaps those in elected of- I think we are technically smart enough to have closed their eyes to passing bills that fices will find themselves more interested in drill for oil without endangering the environ- would have protected we Americans from the acting upon the will of the masses and less ment. I mean every place that oil can be horrific gas prices we now face. This situa- interested in the special interest groups, found. If we listen to the extreme environ- tion should never have happened! There is their money, and in particular the environ- mentalists, we will all starve to death in the nothing that justifies this crisis!!! As the mentalists. While the invironment must be dark!!! greatest nation on earth, we should not be preserved, it also must be utilized and not be STEPHEN. dependent upon foreign oil We should never allowed to go unmanaged. I appreciate your be dependent upon countries that despise concerns, and would like to see someone pro- The lobbyist for the oil companies are too America. We have enough oil in this nation vide the voting public, the ‘‘real time’’ vot- rich and have too many politicians in their to care for our own people! ing records of those in office. It is always pockets. The Solar lobby consists of one man How shameful what you Senators and Con- after the fact that the information is begging for tax brakes. Do the math. The gressmen have done to us, the American peo- recieved, if at all. Only when one’s federal government really does not [care] ple!!! Everyone is financially hurting. In our livelyhood is at risk, will a person act deci- about what we, the American people think opinions, it is treason on your part! This sit- sively. Perhaps that would apply to those in so, the best thing we (Idaho) can do is to de- uation is not going to get better until we office as a result of instant notification of a clare sovereignty from the NeoCon/Zionist drill here, drill now and pay less negative vote. regime and just live our lives in peace and We are disappointed and ashamed of our Sincerely, harmony. Stop killing for oil. Politicians are Senators and Congressmen who sat by, and JERRY. not intelligent enough to run my life. They continue to sit by and allow this nation to are not intelligent enough to resolve the suffer financially. Do your job or resign! Sixteen years ago we moved 12 miles west problems of the world today. You will never LA VAR and MARLENA. of Blackfoot on a small acreage to raise our get anywhere with this. It is all a big joke. two daughters along with our dogs, cats, But, in the end, the joke will be on the poli- My husband has his own business and it is horses, and birds. Our oldest daughter has ticians. You see, the Federal Reserve’s dollar a small 2 man business but they are a valu- some learning disabilities and is now an ac- really is of no real value anyway. The fed has able resource to our cities. They have a car- tive Special Olympics athlete. It was a long put America in debt that can never be re- pet/disaster and restoration company. They road to where she is today and that was an paid. The private bankers will repo the U.S. are always busy but because of the high price amazing journey. Not long after moving, to be paid in full, soon. You have nothing to of everything especially gas it really makes through our church’s children’s ministry, we worry about since they already own you and it hard on them. They cannot raise their became aware of a great need for safe and your buddies in Washington. Stop wasting prices for fear of losing business but then nurturing homes for damaged children. We your time and grow a garden. Get right with again they have to pay the high price of gas eventually adopted two boys and it was a God. to keep customers and keep them happy. It’s good thing we lived in the country because DOUG. a no win for them. they liked to make noise. Some years later PAM. we started to take in foster children and Energy prices are terribly high and that is have now had about 30 needy kids in our uncalled for when we have resources in our As a citizen of the United States, and a home (at different times I assure you). Early own country available if we could lesson resident of Idaho, I appreciate your call for in that venture we developed a relationship some of the ridiculous environmental laws suggestions. I have two children, 8 and 12 yrs with the Shoshone-Bannock people at Fort that make it next to impossible to drill and of age—a boy and a girl. Some of the things Hall and they have great needs for homes to refine our own oil. If we could use our own that are affected are medical checkups that take care of their damaged children. Many of resources the price of crude oil should come now go without being done, even with the ri- our foster kids have been native children and down. diculous insurance coverage, and then enter- we now have three for which the tribe has al- I am retired and live alone, so my fuel tainment. So with one big swoop, our lives lowed us guardianship. These children are needs are not great. I have children and have just changed in two dramatic ways, one very needy and spend time daily with var- grandchildren whose energy needs are great essential at times, the other stress relief. ious therapists and the oldest went to a de- and the rising prices of food, health care, etc. Sad thing is I work in the oil and gas fields. velopmental preschool this year. Because of make life difficult for them. They work hard I know that animal rights activists are full their needs, and our oldest daughter’s job at and some have their own businesses and they of crap for the most part. I see life in the Wal-Mart, our vehicles do not even cool off have a hard time making ends meet. fields far better off than whatever they seem most days. My wife makes several trips to We need to make use of the nuclear re- to see. (Or do not see). It is safer for wild ani- Blackfoot and to various therapists every sources that we already have in place in mals than it ever has been, and I just do not day. We travel 500 miles a week or more and some areas of our state. Our population is see why we do not drill more. I am not a the gas prices are painful. However, we just growing and that brings a need for more en- huge fan of oil products being wasted, do what it takes. Relief from gas prices ergy for just living. We need a congress that burned, and otherwise used, but let us be would be a wonderful blessing but it does will encourage not discourage the use of real. We have been addicted to this, and now cause a dilemma for us because we are very what we have while other sources of energy rely on it. Drill, it is renewable. It regen- conservative and do not believe the govern- are being developed. erates, albeit at a slower rate than grass and ment should solve all of our problems. How- Sincerely, weeds. Let us look at affordable solar har- ever, there are appropriate issues for the FERN, Rigby. vest as well. government to take responsibility for and RICHARD, Firth. this may be one. I believe every Congressman should be We have entrusted you with representing tried for treason to this country who has not As a small business owner (insurance agen- our interests to the federal government so supported our energy independence!! They cy), I have come to realize that this depend- please evaluate this issue very carefully and

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.007 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8270 CONGRESSIONAL RECORD — SENATE September 10, 2008 if you can find a sound moral and ethical This hits the nail on the head, Senator. ADDITIONAL STATEMENTS way to help us continue our contribution to Until we cut down on the long-range use of our community and our neighbors please fuels in this country for private transpor- strive for that. tation, the costs will—most likely—continue CONGRATULATING LAURA Thanks for your service. to accumulate and even accelerate. SANDERS DENNIS, Blackfoot. We see it on the highway as semi after ∑ semi tools along burning more fuel that an Mr. BUNNING. Mr. President, I con- First it is nice to hear that the Senate is equivalent freight train to handle the same gratulate Ms. Laura Sanders as Ken- at least thinking about it but I have to say load. Somehow we have to come to grips tucky’s 2008 No Child Left Behind that if the Senate needs families to write a with this or we are going to find ourselves ei- American Star of Teaching. Initiated few paragraphs to explain what impact these ther walking, or starving, or both. in 2004, the American Starts of Teach- conditions are placing on the American fam- We see it on the highways and bi-ways of ing is part of the U.S. Department of ily then I am not sure the Senate is in touch this country as 4-wheelers burn up fuel for Education’s Teacher-to-Teacher Initia- with reality as they should be. recreation that could be put to better use. I have worked hard all my life and have tive. By offering regional and district And, if you so much as suggest this might be provided well for my family. I am very workshops, roundtables for teachers a waste of precious resources, your political thankful for the opportunities given me. I career would be in jeopardy! and principals, and digital learning, know that with hard work, kindness for our I appreciate the positive steps that you the Teacher-to-Teacher Initiative al- fellow man we will continue to do well. How- have taken in regard to legislation. The solu- lows some of our nation’s best teachers ever, these impacts will be negative in the tions are going to be hard—drill for oil, con- to share strategies to raise student long run. They are putting undue stress on achievement and inform teachers of my family, on my life and every discussion serve what we have, eliminate unnecessary everyday is about these prices and the af- trips and combine errands to save gas. And successful research-based practices. fects it has on every aspect of the economy. quit using gasoline for recreational uses. Each year, over one million, students There will be less productivity, less edu- These are some of the first steps. are taught by a teacher who partici- cation, more broken families due to the fi- But, ultimately, we are going to have to pated in the Teacher-to-Teacher Initia- nancial stress and probably most important look deeply at the problem of public trans- tive. less faith in our system. portation in this country. People are too Ms. Sanders, a kindergarten teacher The American public has a government in selfish and too intent on achieving their own ends to cooperate until the situation be- at Cumberland Trace Elementary place that has become so out of touch with School in Bowling Green, KY, has been who it represents that I am not sure any- comes dire. thing will or can be done. There is too much But I am sure you will agree that this atti- recognized as one of Kentucky’s top greed and dishonesty in our government sys- tude of ‘‘you will have to pry my dead hands teachers. She developed teaching prac- tem and those that lead this country are in off the steering wheel (or handlebars) to get tices in her classroom along with re- it for their own prosperity and not the pros- me to stop my wasteful practices’’ will actu- search-based materials that have perity and best interests of the people. I feel ally only cease when we run out of oil or can helped her students to consistently the liberals only want power and control. no longer afford it. And that will be too late make clear improvements. Over the to do anyone any good. And I am not sure what the Republicans rep- past 2 years, her students’ reading resent anymore. Limited public transportation options These energy prices impact every aspect of mean that many of us do not have any scores have gone from the 50th per- our lives, security and well being. If our gov- choice but to keep driving and paying those centile in the fall to over the 85th and ernment will not do the right thing imme- ever-increasing prices for fuel 91st percentile the following spring. diately then there will be ramifications be- RAY. Ms. Sanders’ ability to assess the indi- yond belief and for generations to come. I am f vidual needs of each student has en- sure you know this but I hope you do . . . abled her to ensure that every child is Our forefathers would have never have let TRIBUTE TO COLONEL ERIC J. working at an appropriate pace and this happen. We would be totally inde- WILBUR level. Having already been a recipient pendent of all foreign control. They would have known the liberty and safety of this Mr. GRASSLEY. Mr. President, it is of numerous awards for her contribu- country would be at jeopardy. my honor to pay tribute today to COL tion to education, her work is widely Best Regards, Eric J. Wilbur, Vice Commander of the recognized. DAVID. 37th Training Wing at Lockland Air I am proud to recognize Ms. Sanders Force Base. On February 1, 2009, Colo- for her ability to effectively challenge Today, I was in a grocery store where the students at Cumberland Trace Elemen- fellow in line in front of me bought a small nel Wilbur will retire after a distin- guished 20-year military career in tary School, while at the same time bag of tomatoes for $7.00. Tomatoes are not sharing her techniques with other in season here, and have to be shipped from which he has honorably and faithfully California. The clerk said we will no longer served his country. Among many other teachers—making a difference in the lives of students. Her work is an inspi- be able to buy Cyrus O’Leary pies, as the awards, Colonel Wilbur has been deco- ration to the citizens of Kentucky and company is located in Spokane, almost 100 rated with the Legion of Merit, the miles away, and they are no longer willing to to teachers everywhere. I look forward Bronze Star, and the Defense Meri- deliver further than 30 miles. We are going to to seeing all that she will accomplish torious Service Award. have to change our ways of living, buying in the future.∑ more locally produced goods. There is great I have always considered it a privi- opportunity here for new local businesses. lege to highlight the distinguished f People are going to have to once again learn service of those men and women serv- HONORING THE HEALTH OCCUPA- how to eat the food that is in season. Maybe ing in the military, especially when TION STUDENTS OF AMERICA local butcher shops will once again thrive, they have Iowa ties. As an Iowa native and be able to compete with the giant ∑ Mr. CORNYN. Mr. President, today I slaughter houses. None of this local eco- and graduate of Iowa State University, wish to recognize the Health Occupa- nomic development will happen if we once I am confident that Colonel Wilbur re- tion Students of America, HOSA, for again are able to buy cheap gas. tires not only with the esteem and ad- their accomplishments over the past 32 I do not favor anything that will bring the miration of his peers, subordinates, and years. Composed of 100,000 students in price of gas down. Our own natural reserves country but also his hometown of West nearly 3,000 chapters across the Nation, of oil in the ground should be saved for fu- Union, IA, and all Iowans. HOSA is providing the knowledge, ture generations to be used in manufacturing Through his distinguished career, and other basic industries, instead of being skills and opportunity for secondary burned up in internal combustion machines. Colonel Wilbur has been a noteworthy and postsecondary students to enter I agree with you wholeheartedly that we example of the definition of loyalty, the health care workforce. Through need to turn to nuclear (providing there is dedication, and sacrifice. Today I health science curricula, personal de- adequate resources of uranium) and other would like to extend my personal velopment exercises, practical work in non oil energy sources, and end our depend- thanks to Colonel Wilbur for faithfully the health care field and medical com- ence on oil. Without the pain involved in serving his country with excellence, as petitions at the local and national lev- high oil prices, there will not be the will to well as my congratulations on his make this difficult transition. Please stop els, HOSA Advisors and students pre- trying to extract the last drop of oil from much deserved retirement. Men and pare a healthcare workforce not only the ground so we can have cheap gas, and women such as Colonel Wilbur deserve to serve but also to lead our country. start thinking about the future. to be recognized for their service and Now more than ever, we need organi- JANET. patriotism. zations like HOSA to address critical

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.007 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8271 shortages in the health care industry. small town about 120 miles east of El display exceptionally meritorious con- Occupational programs in our high Paso, to thank Haskins for giving a duct in the performance of outstanding schools offer training for young stu- ride to a family of five stranded along service, heroic deed, or valorous ac- dents and often help them find a re- the highway. tions. The unit was recommended for warding career path. Programs like ‘‘ ‘He’d been coyote hunting and saw the award by the U.S. Army’s higher HOSA direct students to worthwhile a station wagon broken down,’ Floyd headquarters and was selected by the vocations while also leading the effort recalled this week. ‘He put them (the Pentagon for the commendations.∑ to stimulate industry and job growth. family) in his truck, drove them to El f The American healthcare system Paso, put them up in a hotel for two DENISON COMMUNITY EDUCATION faces myriad, complex challenges: ris- nights, and gave them $1,000.’ ∑ ing prescription drug costs, a lack of ‘‘The family drove to Los Angeles Mr. HARKIN. Mr. President, in Iowa stable insurance coverage, and a med- after Haskins also helped get their car and across the United States, a new ical bureaucracy that is increasingly repaired. The coach never told anyone school year has begun. As you know, difficult to navigate. Qualified about it, not even his wife, according Iowa public schools have an excellent healthcare professionals should not be to Floyd. reputation nationwide, and Iowa stu- one of them. HOSA has found a way to ‘‘Floyd said he never told the story dents’ test scores are among the high- combine two very important needs in before, mostly because Haskins est in the Nation. I would like to take just a few min- our economy: an educated workforce wouldn’t have wanted anyone to know. utes, today, to salute the dedicated and competent health care profes- ‘‘ ‘I’m only telling it now because he’s teachers, administrators, and school sionals. gone,’ Floyd said. ‘I want people to board members in the Denison Commu- I am proud that Texas is home to know.’ ’’ nity School District, and to report on HOSA National Headquarters and to In deciding to devote the best years their participation in a unique Federal 491 chapters, the most of any State in of his life and career to the people of partnership to repair and modernize the Nation. HOSA is helping build a Texas, Coach Haskins built a legacy that will continue to inspire genera- school facilities. pipeline of skilled health care workers This fall marks the 10th year of the tions. I join with all Texans as we to ensure that health care in the Iowa Demonstration Construction mourn his passing and extend our deep- United States remains a model of pro- Grant Program. That is its formal est condolences to his family.∑ fessionalism, compassion, and innova- name, but it is better known among tion to the world. I commend these tal- f educators in Iowa as the program of ented and ambitious young men and COMMENDING THE IDAHO ARMY Harkin grants for Iowa public schools. women for their dedication both to the NATIONAL GUARD UNIT Since 1998, I have been fortunate to se- health care profession and to our Na- cure a total of $121 million for the tion.∑ ∑ Mr. CRAPO. Mr. President, in early August, I was informed that an Idaho State government in Iowa, which se- f Army National Guard Unit from east- lects worthy school districts to receive REMEMBERING DON HASKINS ern Idaho was awarded one of the U.S. these grants for a range of renovation and repair efforts—everything from up- ∑ Army’s highest commendations, the Mr. CORNYN. Mr. President, today I dating fire safety systems to building Meritorious Unit Commendation. The wish to pay tribute to Don Haskins, a new schools or renovating existing fa- First Battalion, 148th Field Artillery great Texan, legendary basketball cilities. In many cases, this Federal Unit based in Pocatello served as part coach, and remarkable man who passed funding is used to leverage public and/ of the Idaho Army National Guard’s away earlier this week at his home in or private local funding, so it often has 116th Cavalry Brigade combat team in El Paso. a tremendous multiplier effect in a 2004 and 2005 in Iraq. Although part of Haskins, who started his career local school district. coaching small-town high school bas- a combat brigade, these citizen soldiers The Denison Community School Dis- ketball teams, served as the head coach are doctors, dentists, electricians, law- trict received a 2002 Harkin grant to- at Texas Western College, now the Uni- yers, and other occupations as Idaho taling $904,200 which it used to help versity of Texas at El Paso, UTEP, civilians. BG Alay Gayhart, Assistant with renovations at the elementary from 1961 to 1999. His decision to ‘‘put Adjutant Army General for the Idaho school including the installation of air my five best guys on the court’’ in the Army National Guard, has rightly conditioning. The district also received 1966 NCAA national championship noted that these men and women uti- a 2005 construction grant to help build game against the Kentucky Wildcats is lized their civilian occupational skills a new middle school and make renova- now widely regarded as a catalyst for in Iraq to help restore civic and gov- tions at the former middle school. This racial integration in college sports. ernmental services to the country. I school is a modern, state-of-the-art fa- The Texas Western Miners, with an all- am honored to call myself a fellow Ida- cility that befits the educational ambi- Black starting lineup, beat the Wild- hoan of these brave men and women, tions and excellence of this school dis- cats 72–65. Their inspiring story is told some of whom I had the pleasure of trict. Indeed, it is the kind of school fa- in the film, ‘‘Glory Road,’’ and the meeting prior to their deployment cility that every child in America de- book of the same name. when they were at Fort Bliss, TX, at serves. Over his long career, Coach Haskins the end of the summer in 2004. I con- Excellent new schools do not just pop compiled a 719–353 record and earned a gratulate them on their profes- up like mushrooms after a rain. They place in the Naismith Memorial Bas- sionalism, commitment to our mission, are the product of vision, leadership, ketball Hall of Fame in 1997 and the and am happy for their safe return to persistence, and a tremendous amount Texas Sports Hall of Fame in 1987. Over family and friends. I also keep the fam- of collaboration among local officials the years, he turned down lucrative job ilies and friends of those who made the and concerned citizens. I salute the en- offers in order to stay at UTEP. He re- ultimate sacrifice in prayer as they tire staff, administration, and govern- tired in 1999 with the fourth best record continue on without their loved ones. ance in the Denison Community School in history that included winning seven Idaho has a proud history of military District. In particular, I would like to Western Athletic Conference, WAC, service. Her sons and daughters have recognize the leadership of the Board of championships and four WAC tour- been serving our Nation in uniform far Education, president Rod Bradley, vice nament titles. from home since the days of the Span- president Brenda Martens, Mark John- While Coach Haskins was known for ish American War in the early 20th son, Kris Rowedder and Les Lewis and his tough and competitive spirit, he is century. The deployment of the 116th former board member Craig Dozark. I also remembered for his selfless acts of Cavalry Brigade combat team from 2004 would also like to recognize super- kindness. to 2005 was the largest deployment of intendent Michael Pardun, former su- According to an Associated Press re- the Idaho Army National Guard in his- perintendent Bill Wright, business port, ‘‘USC coach Tim Floyd, a former tory. manager Larry Struck and the co- Haskins assistant, said he once got a The Meritorious Unit Commendation chairs of the Vote Yes Committee, Dr. call from the mayor of Van Horn, a is awarded to military commands that Scott Bowker and Chad Langenfeld.

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.062 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8272 CONGRESSIONAL RECORD — SENATE September 10, 2008 As we mark the 10th anniversary of Excellent schools do not just pop up name, but it is better known among the Harkin school grant program in like mushrooms after a rain. They are educators in Iowa as the program of Iowa, I am obliged to point out that the product of vision, leadership, per- Harkin grants for Iowa public schools. many thousands of school buildings sistence, and a tremendous amount of Since 1998, I have been fortunate to se- and facilities across the United States collaboration among local officials and cure a total of $121 million for the are in dire need of renovation or re- concerned citizens. I salute the entire State government in Iowa, which se- placement. In my State of Iowa alone, staff, administration, and governance lects worthy school districts to receive according to a recent study, some 79 in the Estherville-Lincoln Central these grants for a range of renovation percent of public schools need to be up- Community School District. In par- and repair efforts—everything from up- graded or repaired. The harsh reality is ticular, I would like to recognize the dating fire safety systems to building that the average age of school build- leadership of the Board of Education— new schools or renovating existing fa- ings in the United States is nearly 50 president Molly Anderson, vice presi- cilities. In many cases, this Federal years. dent Karen Butler, Nancy Anderson, funding is used to leverage public and/ Too often, our children visit ultra- Mike Karels, Don Schlitz, Jodie Grieg, or private local funding, so it often has modern shopping malls and gleaming and Duane Schnell and former board a tremendous multiplier effect in a sports arenas on weekends, but during members, Gordon Juhl, Tom Ross, and local school district. the week go to school in rundown or Gary Feddern. I would also like to rec- The MFL MarMac Community antiquated facilities. This sends ex- ognize superintendent Richard Magnu- School District received a 2001 Harkin actly the wrong message to our young son, elementary principal Kris grant totaling $162,500 which it used to people about our priorities. We have to Schlievert, former middle school prin- help build an addition at the high do better. cipal Steve Schroeder, former high school for the music programs and to That is why I am deeply grateful to school principal Susan Bish, business remodel the former music classrooms the professionals and parents in the manager Kate Woods, maintenance su- to expand the library. The district also Denison Community School District. pervisors Al Hall and Larry Enderson, There is no question that a quality received a 2003 fire safety grant for Estherville Police Chief Eric Milburn public education for every child is a $25,000 to upgrade the fire alarm sys- and Estherville Fire Chief Randy Cody. top priority in that community. I sa- tem in the Monona building. The Fed- As we mark the 10th anniversary of eral grants have made it possible for lute them, and wish them a very suc- the Harkin School grant program in cessful new school year.∑ the district to provide quality and safe Iowa, I am obliged to point out that schools for their students. f many thousands of school buildings Excellent schools do not just pop up ESTHERVILLE-LINCOLN CENTRAL and facilities across the United States like mushrooms after a rain. They are COMMUNITY EDUCATION are in dire need of renovation or re- the product of vision, leadership, per- ∑ Mr. HARKIN. Mr. President, in Iowa placement. In my State of Iowa alone, sistence, and a tremendous amount of and across the United States, a new according to a recent study, some 79 collaboration among local officials and school year has begun. As you know, percent of public schools need to be up- concerned citizens. I salute the entire Iowa public schools have an excellent graded or repaired. The harsh reality is staff, administration, and governance reputation nationwide, and Iowa stu- that the average age of school build- in the MFL MarMac Community dents’ test scores are among the high- ings in the United States is nearly 50 School District. In particular, I’d like est in the Nation. years. to recognize the leadership of the I would like to take just a few min- Too often, our children visit ultra Board of Education, president Jill utes, today, to salute the dedicated modern shopping malls and gleaming Winkowski, vice president Patti Ruff, teachers, administrators, and school sports arenas on weekends, but during Patty Burkle, Toni Niel, Brian Meyer, board members in the Estherville-Lin- the week go to school in rundown or Terry Mohs and Greg Formanek and coln Central Community School Dis- antiquated facilities. This sends ex- former members Craig Strutt, Norm trict, and to report on their participa- actly the wrong message to our young Lincoln and Jerry Schroeder and super- tion in a unique Federal partnership to people about our priorities. We have to intendent Dale Crozier. I would also repair and modernize school facilities. do better. like to recognize the many individuals This fall marks the 10th year of the That is why I am deeply grateful to who served on the MFL MarMac facil- Iowa Demonstration Construction the professionals and parents in the ity committee which provided valuable Grant Program. That is its formal Estherville-Lincoln Central Commu- input on meeting the needs of the name, but it is better known among nity School District. There is no ques- school district. tion that a quality public education for educators in Iowa as the program of As we mark the 10th anniversary of every child is a top priority in that Harkin grants for Iowa public schools. the Harkin school grant program in community. I salute them, and wish Since 1998, I have been fortunate to se- Iowa, I am obliged to point out that cure a total of $121 million for the them a very successful new school many thousands of school buildings State government in Iowa, which se- year.∑ and facilities across the United States lects worthy school districts to receive f are in dire need of renovation or re- these grants for a range of renovation MFL MARMAC COMMUNITY placement. In my State of Iowa alone, and repair efforts—everything from up- EDUCATION according to a recent study, some 79 dating fire safety systems to building percent of public schools need to be up- new schools or renovating existing fa- ∑ Mr. HARKIN. Mr. President, in Iowa graded or repaired. The harsh reality is cilities. In many cases, this Federal and across the United States, a new that the average age of school build- funding is used to leverage public and/ school year has begun. As you know, ings in the United States is nearly 50 or private local funding, so it often has Iowa public schools have an excellent a tremendous multiplier effect in a reputation nationwide, and Iowa stu- years. local school district. dents’ test scores are among the high- Too often, our children visit ultra- The Estherville-Lincoln Central est in the Nation. modern shopping malls and gleaming Community School District received I would like to take just a few min- sports arenas on weekends, but during three fire safety grants totaling utes, today, to salute the dedicated the week go to school in rundown or $350,000 to make safety improvements teachers, administrators, and school antiquated facilities. This sends ex- throughout the district, including the board members in the MFL MarMac actly the wrong message to our young installation of new fire alarm systems Community School District, and to re- people about our priorities. We have to at the elementary and middle schools port on their participation in a unique do better. and replacement of doors and hardware Federal partnership to repair and mod- That is why I am deeply grateful to at the high school. The Federal grants ernize school facilities. the professionals and parents in the have made it possible for the district to This fall marks the 10th year of the MFL MarMac Community School Dis- provide quality and safe schools for Iowa Demonstration Construction trict. There is no question that a qual- their students. Grant Program. That is its formal ity public education for every child is a

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.038 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8273 top priority in that community. I sa- and facilities across the United States Michigan. The college is flourishing, lute them, and wish them a very suc- are in dire need of renovation or re- with an enrollment of approximately cessful new school year.∑ placement. In my State of Iowa alone, 27,000 students and with three out of f according to a recent study, some 79 every four Macomb County college stu- percent of public schools need to be up- dents beginning their college careers at POSTVILLE COMMUNITY graded or repaired. The harsh reality is MCC. EDUCATION that the average age of school build- In addition to his commitment and ∑ Mr. HARKIN. Mr. President, in Iowa ings in the United States is nearly 50 success at MCC, Dr. Lorenzo has been a and across the United States, a new years. leading member of the Macomb com- school year has begun. As you know, Too often, our children visit ultra- munity. Over the years, he has been ac- Iowa public schools have an excellent modern shopping malls and gleaming tive on several corporate boards and reputation nationwide, and Iowa stu- sports arenas on weekends, but during policy commissions, has worked with dents’ test scores are among the high- the week go to school in rundown or several national advisory groups and est in the Nation. antiquated facilities. This sends ex- has been appointed by both Governor I would like to take just a few min- actly the wrong message to our young Engler and Governor Granholm to eco- utes, today, to salute the dedicated people about our priorities. We have to nomic advisory boards. teachers, administrators, and school do better. Al Lorenzo has also been recognized board members in the Postville Com- That is why I am deeply grateful to nationally for his many publications munity School District, and to report the professionals and parents in the and has been awarded 12 major leader- on their participation in a unique Fed- Postville Community School District. ship awards, as well as 2 honorary doc- eral partnership to repair and mod- There is no question that a quality toral degrees. He has received numer- ernize school facilities. public education for every child is a ous other commendations, including This fall marks the 10th year of the top priority in that community. I sa- the Tom Peters Leadership Award, and Iowa Demonstration Construction lute them, and wish them a very suc- the March of Dimes Citizen of the Year Grant Program. That is its formal cessful new school year.∑ Award. Additionally, he was named President of the Year by three national name, but it is better known among f educators in Iowa as the program of associations. Harkin grants for Iowa public schools. HONORING DR. AL LORENZO Al will be devoting the next chapter Since 1998, I have been fortunate to se- ∑ Mr. LEVIN. Mr. President, the im- of his life to solving the economic and cure a total of $121 million for the portance of providing access to a qual- educational challenges that face State government in Iowa, which se- ity education is one of our most impor- Macomb County and Michigan by lects worthy school districts to receive tant goals as a nation, as our children working with Oakland University as these grants for a range of renovation and grandchildren compete in an ever they expand their services in Macomb and repair efforts—everything from up- increasingly complex workplace. Those County. We know our colleagues in the dating fire safety systems to building who dedicate their lives to this mission Senate join us in recognizing Dr. Al new schools or renovating existing fa- have chosen one of the most rewarding Lorenzo, his wife Katherine, and their cilities. In many cases, this Federal and satisfying life paths. For 29 years, family on his retirement. He has left funding is used to leverage public and/ Dr. Albert Lorenzo served as president an enduring mark on the educational or private local funding, so it often has of Macomb Community College, skill- landscape in Michigan, and we wish a tremendous multiplier effect in a fully charting a course that has greatly him many more years of service and local school district. benefitted not only those who have success as he begins this new endeav- ∑ The Postville Community School been directly affiliated with the col- or. District received a 2002 Harkin grant lege, but also the surrounding commu- f totaling $1 million which it used to nity. His commitment to educating ANNIVERSARY OF MARIAN HIGH help build an addition to the elemen- students has transformed countless SCHOOL tary school that included a new media lives. ∑ Mr. LEVIN. Mr. President, I would center and administrative offices. The July 1, 2008, marked the end of an era like to offer my warmest congratula- district also received a 2003 grant total- for one of Michigan’s premier edu- tions to the students, faculty and staff ing $265,408 for renovations at the high cational institutions, Macomb Commu- of Marian High School on the 50th an- school. The Federal grants have made nity College, and the end of a richly re- niversary of the school’s founding. This it possible for the district to provide warding journey for Dr. Lorenzo. I, is indeed an important milestone, and quality and safe schools for their stu- along with my Michigan colleague, the many contributions they have dents. Senator STABENOW, would like to sin- made are evident throughout the De- Excellent schools do not just pop up cerely thank him for a job well done troit community. like mushrooms after a rain. They are and for making such a significant con- For a half century, the faculty and the product of vision, leadership, per- tribution to the lives of the people of staff of Marian High School have sistence, and a tremendous amount of Macomb County and the State of worked tirelessly to educate young collaboration among local officials and Michigan. women and prepare them for college concerned citizens. I salute the entire Dr. Lorenzo was installed as the and the workforce. The school’s empha- staff, administration, and governance fourth president of Macomb Commu- sis in service instills the values of lead- in the Postville Community School nity College in July 1979 and navigated ership and responsibility in Marian District. In particular, I’d like to rec- the college through significant transi- High students, and the strong academic ognize the leadership of the Board of tion and growth. Upon his retirement, curriculum, vast array of sports and Education, president Brad Rekow, Jeff he was the longest-serving community activities, and qualified staff has con- Cox, Laura Lubka, Jamie Smith and college president in Michigan. Under tributed mightily to the success of Dan Schutte and former board mem- his leadership, Macomb Community many women over the years. bers Staci Malcom, Kathy Ohloff, Gary College began offering classes leading Education is an investment in the fu- Catterson, Dennis Koenig and Dennis to various bachelor degrees in 1991, fill- ture of our Nation, and students and White. I would also like to recognize ing an important void in the commu- schools must aspire to high standards. the chairman of the district’s capital nity. Dr. Lorenzo is also credited with Throughout the last 50 years, the fac- campaign, Cloy Kuhse, superintendent creating the first ever university cen- ulty and staff of Marian High School Darwin Winke, former superintendent ter model, which is now used in com- have met this challenge by fostering a David Strudthoff and architect Mark munity colleges throughout the coun- nurturing and safe environment for its Moine of Gardner Architecture. try. Macomb’s University Center facili- students to grow and develop. The As we mark the 10th anniversary of tates partnerships with eight univer- most recent example of this is the class the Harkin school grant program in sities and institutions, working to of 2007, which produced five National Iowa, I am obliged to point out that bring higher educational opportunities Merit Scholars, 37 Phi Beta Kappa Hon- many thousands of school buildings to this underserved community in orees, and numerous other scholarship

VerDate Aug 31 2005 02:17 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.036 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8274 CONGRESSIONAL RECORD — SENATE September 10, 2008 winners. Students at Marian continued sign of success. But with over 100,000 with respect to certain terrorist attacks; to to consistently score above State and children still in foster care and waiting the Committee on Banking, Housing, and national averages on the SAT and ACT to be adopted, there is more to do. Urban Affairs. EC–7501. A communication from the Chair- tests, a testament to the high standard This year, I am working with a bipar- man and President, Export-Import Bank of of excellence cultivated at Marian High tisan coalition to expand the adoption the United States, transmitting, pursuant to School. incentives program, improve adoption law, a report relative to a transaction in- I know my Senate colleagues join me assistance and on programs enhancing volving U.S. exports to Singapore; to the in extending my congratulations to the foster care. As important as policy can Committee on Banking, Housing, and Urban faculty, staff, alumni, and students of be, the true heroes are the parents like Affairs. Marian High School on the school’s the Dunfords, who have selflessly EC–7502. A communication from the Chair- 50th anniversary. I wish them the best opened up their home to vulnerable man and President, Export-Import Bank of the United States, transmitting, pursuant to as they continue this important work children. I hope their story, and the law, a report relative to transactions involv- for another half century.∑ stories of all this year’s Angels in ing U.S. exports to the Republic of the Phil- f Adoption, will inspire my colleagues ippines; to the Committee on Banking, Hous- and families nationwide to promote ing, and Urban Affairs. WEST VIRGINIA ANGELS IN adoption and other supports for vulner- EC–7503. A communication from the Chair- ADOPTION able children.∑ man and President, Export-Import Bank of ∑ Mr. ROCKEFELLER. Mr. President, the United States, transmitting, pursuant to today I honor the love and commit- f law, a report relative to a transaction in- ment exhibited by two of my fellow MESSAGE FROM THE HOUSE volving U.S. Exports to Hong Kong; to the Committee on Banking, Housing, and Urban West Virginians, Jeff and Amy Dunford At 2:45 p.m., a message from the Affairs. of Spanishburg, my 2008 nominees as House of Representatives, delivered by EC–7504. A communication from the Chief West Virginia’s Angels in Adoption. I Mrs. Cole, one of its reading clerks, an- Counsel, Federal Emergency Management have participated in this program by nounced that the House has passed the Agency, Department of Homeland Security, the Congressional Caucus on Adoption transmitting, pursuant to law, the report of following bills, in which it requests the a rule entitled ‘‘Changes in Flood Elevation since its inception, and I am proud to concurrence of the Senate: talk about this year’s West Virginia Determinations’’ ((73 FR 46809)(44 CFR Part H.R.6l68. An act to designate the facility of 65)) received on August 27, 2008; to the Com- family. the United States Postal Service located at mittee on Banking, Housing, and Urban Af- In 2003, Jeff and Amy made the won- 112 South 5th Street in Saint Charles, Mis- fairs. derful decision to become foster par- souri, as the ‘‘Lance Corporal Drew W. Wea- EC–7505. A communication from the Chief ents. They, like many caring West Vir- ver Post Office Building’’. Counsel, Federal Emergency Management ginia families, opened up their home H.R.6575. An act to require the Archivist of Agency, Department of Homeland Security, and created a loving environment for the United States to promulgate regulations transmitting, pursuant to law, the report of children in need of such a place. to prevent the over-classification of informa- a rule entitled ‘‘Final Flood Elevation Deter- The Dunfords started with a sibling tion, and for other purposes. minations’’ ((73 FR 46811)(44 CFR Part 67)) group, and by the spring of 2005, the H.R.6630. An act to prohibit the Secretary received on August 27, 2008; to the Com- of Transportation from granting authority mittee on Banking, Housing, and Urban Af- Dunfords have successfully adopted to a motor carrier domiciled in Mexico to op- fairs. three children, all the while continuing erate beyond United States municipalities EC–7506. A communication from the Asso- to provide both a short-term and long- and commercial zones on the United States- ciate General Counsel for Legislation and term home for additional foster chil- Mexico border unless expressly authorized by Regulations, Office of the Secretary, Depart- dren. In fact, it was not long after the Congress. ment of Housing and Urban Development, transmitting, pursuant to law, the report of adoption process was completed that f another sibling group was placed in the a rule entitled ‘‘Eligibility of Students for MEASURES REFERRED Assisted Housing Under Section 8 of the U.S. Dunford home. These three boys, all Housing Act of 1937; Conforming Amendment under the age of 3, would also be adopt- The following bills were read the first to Include Students with Disabilities Receiv- ed by the Dunfords. and the second times by unanimous ing Assistance as of November 30, 2005’’ Being a foster and adoptive family al- consent, and referred as indicated: ((RIN2501-AD43)(FR-5226-F-01)) received on ways has its challenges, as well as its H.R. 6168. An act to designate the facility August 27, 2008; to the Committee on Bank- unique rewards. Taking care of young of the United States Postal Service located ing, Housing, and Urban Affairs. children often means sleepless nights, at 112 South 5th Street in Saint Charles, EC–7507. A communication from the Assist- unexpected emergency room visits, and Missouri, as the ‘‘Lance Corporal Drew W. ant Secretary for Export Administration, Bureau of Industry and Security, Depart- countless parent-teacher conferences. Weaver Post Office Building″; to the Com- mittee on Homeland Security and Govern- ment of Commerce, transmitting, pursuant They were also faced with situations to law, the report of a rule entitled ‘‘Addi- unique to foster families, including bi- mental Affairs. H.R. 6575. An act to require the Archivist tion of Kosovo in the Export Administration ological parent visits and counseling of the United States to promulgate regula- Regulations’’ (RIN0694-AE34) received on Au- sessions. Through it all, the Dunfords tions to prevent the over-classification of in- gust 29, 2008; to the Committee on Banking, faced these challenges with love and formation, and for other purposes; to the Housing, and Urban Affairs. determination and now six children Committee on Homeland Security and Gov- EC–7508. A communication from the Presi- have a permanent and loving home. ernmental Affairs. dent of the United States, transmitting, pur- suant to law, the District of Columbia’s Today, the Dunford family consists H.R. 6630. An act to prohibit the Secretary of Transportation from granting authority Budget Request Act for fiscal year 2009; to of Jeff and Amy, Jeremy, Walter, the Committee on Homeland Security and Holly, Richard, Greg, and Christopher. to a motor carrier domiciled in Mexico to op- erate beyond United States municipalities Governmental Affairs. EC–7509. A communication from the Chair- Jeff and Amy continue to be active in and commercial zones on the United States- man, National Endowment for the Arts, the foster care system, providing as- Mexico border unless expressly authorized by transmitting, pursuant to law, a report rel- sistance with recruitment and train- Congress; to the Committee on Commerce, ative to the organization’s inventory of com- ing. Science, and Transportation. Jeff and Amy are a testament to the mercial activities for fiscal year 2008; to the f Committee on Homeland Security and Gov- wonderful men and women involved in ernmental Affairs. foster care and adoption services. EXECUTIVE AND OTHER EC–7510. A communication from the Execu- Throughout my Senate career and as a COMMUNICATIONS tive Director, Commodity Futures Trading member of the Congressional Coalition The following communications were Commission, transmitting, pursuant to law, on Adoption, I have worked hard in a laid before the Senate, together with a report relative to the Commission’s FAIR Act inventory for fiscal year 2008; to the bipartisan manner to expand and sup- accompanying papers, reports, and doc- port adoptive and foster parents. Over Committee on Homeland Security and Gov- uments, and were referred as indicated: ernmental Affairs. the years, progress has been made, and EC–7500. A communication from the Presi- EC–7511. A communication from the Chief since the 1997 Adoption and Safe Fam- dent of the United States of America, trans- of Staff and Director of Communications, Of- ily Act which I fought for, adoptions mitting, pursuant to law, a report relative to fice of Special Counsel, transmitting, pursu- for foster care have doubled—a true the continuation of the national emergency ant to law, the Office of Special Counsel’s

VerDate Aug 31 2005 03:45 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.018 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8275 Buy American Act report for fiscal year 2007; S. 3052. A bill to provide for the transfer of The Ohio State University football team for to the Committee on Homeland Security and naval vessels to certain foreign recipients achieving its 800th all-time victory; to the Governmental Affairs. (Rept. No. 110–451). Committee on the Judiciary. EC–7512. A communication from the Under f By Mr. BROWN (for himself, Mr. Secretary of Defense (Acquisition, Tech- VOINOVICH, and Mr. HATCH): nology and Logistics), transmitting, pursu- INTRODUCTION OF BILLS AND S. Res. 654. A resolution honoring the life ant to law, a report relative to the Depart- JOINT RESOLUTIONS and recognizing the accomplishments of the ment’s inventory of non-inherently govern- Honorable Stephanie Tubbs Jones, Member mental activities during fiscal year 2007; to The following bills and joint resolu- of the House of Representatives for the 11th the Committee on Homeland Security and tions were introduced, read the first Congressional District of Ohio; considered Governmental Affairs. and second times by unanimous con- and agreed to. EC–7513. A communication from the Acting sent, and referred as indicated: By Mrs. CLINTON: Director, Strategic Human Resources Policy, By Mr. COLEMAN: S. Con. Res. 97. A concurrent resolution ex- Office of Personnel Management, transmit- S. 3460. A bill to establish a pilot program pressing the sense of Congress regarding sex- ting, pursuant to law, the report of a rule en- to demonstrate best practices, innovation, ual assaults and rape in the military; to the titled ‘‘Critical Position Pay Authority’’ and knowledge transfer regarding cyber se- Committee on Armed Services. (RIN3206–AK87) received on August 26, 2008; curity within State governments; to the f to the Committee on Homeland Security and Committee on Homeland Security and Gov- Governmental Affairs. ernmental Affairs. ADDITIONAL COSPONSORS EC–7514. A communication from the Dep- By Mr. FEINGOLD: S. 507 uty Director, Strategic Human Resources S. 3461. A bill to evaluate certain certifi- At the request of Mr. CONRAD, the Policy, Office of Personnel Management, cation programs, and for other purposes; to name of the Senator from New Hamp- transmitting, pursuant to law, the report of the Committee on Health, Education, Labor, shire (Mr. SUNUNU) was added as a co- a rule entitled ‘‘Federal Employees Dental and Pensions . and Vision Insurance Program’’ (RIN3206– By Mr. SCHUMER (for himself and sponsor of S. 507, a bill to amend title AL03) received on August 26, 2008; to the Mrs. CLINTON): XVIII of the Social Security Act to Committee on Homeland Security and Gov- S. 3462. A bill to ensure that the courts of provide for reimbursement of certified ernmental Affairs. the United States may provide an impartial midwife services and to provide for EC–7515. A communication from the Presi- forum for claims brought by United States more equitable reimbursement rates dent of the United States of America, trans- citizens and others against any railroad or- for certified nurse-midwife services. mitting, pursuant to law, a report relative to ganized as a separate legal entity, arising S. 826 the export to the People’s Republic of China from the deportation of United States citi- of items that will not measurably improve zens and others to Nazi concentration camps At the request of Mr. MENENDEZ, the the missile or space launch capabilities of on trains owned or operated by such rail- names of the Senator from West Vir- the People’s Republic of China (one two-inch road, and by heirs and survivors of such per- ginia (Mr. BYRD) and the Senator from fluid energy mill); to the Committee on For- sons; to the Committee on the Judiciary. Wisconsin (Mr. FEINGOLD) were added eign Relations. By Mr. TESTER (for himself and Mrs. as cosponsors of S. 826, a bill to post- EC–7516. A communication from the Acting FEINSTEIN): humously award a Congressional gold Assistant Secretary, Office of Legislative Af- S. 3463. A bill to amend the Energy Policy fairs, Department of State, transmitting, a Act of 2005 to establish pilot project offices medal to Alice Paul, in recognition of correspondence from the Chairman of Bah- to improve Federal permit coordination for her role in the women’s suffrage move- rain’s Council of Representatives; to the renewable energy; to the Committee on En- ment and in advancing equal rights for Committee on Foreign Relations. ergy and Natural Resources. women. EC–7517. A communication from the Acting By Mr. BAUCUS (for himself and Mr. S. 903 Assistant Secretary, Office of Legislative Af- HATCH): At the request of Mr. DURBIN, the fairs, Department of State, transmitting, S. 3464. A bill to amend the Trade Act of pursuant to law, weekly reports relative to 1974 to improve the international protection name of the Senator from Alaska (Ms. post-liberation Iraq for the period of June 15, and enforcement of intellectual property MURKOWSKI) was added as a cosponsor 2008, through August 15, 2008; to the Com- rights, and for other purposes; to the Com- of S. 903, a bill to award a Congres- mittee on Foreign Relations. mittee on Finance. sional Gold Medal to Dr. Muhammad EC–7518. A communication from the Acting By Mr. WICKER: Yunus, in recognition of his contribu- Assistant Secretary, Office of Legislative Af- S. 3465. A bill to reserve certain proceeds tions to the fight against global pov- fairs, Department of State, transmitting, from the auction of spectrum, including the erty. pursuant to law, a report relative to the em- auction of the D-block of spectrum, for use ployment of an adequate number of Ameri- to provide interoperable devices to public S. 1001 cans during 2007 by the United Nations; to safety personnel; to the Committee on Com- At the request of Mrs. HUTCHISON, the the Committee on Foreign Relations. merce, Science, and Transportation. name of the Senator from South Da- EC–7519. A communication from the Acting By Mr. FEINGOLD: kota (Mr. JOHNSON) was added as a co- Assistant Legal Adviser for Treaty Affairs, S. 3466. A bill to improve the job access and sponsor of S. 1001, a bill to restore Sec- Department of State, transmitting, pursuant reverse commute program , and for other ond Amendment rights in the District to the Case-Zablocki Act, 1 U.S.C. 112b, as purposes; to the Committee on Banking, of Columbia. amended, the report of the texts and back- Housing, and Urban Affairs. ground statements of international agree- By Ms. KLOBUCHAR: S. 1232 ments, other than treaties (List 2008–129– S. 3467. A bill to extend through April 1, At the request of Mr. DODD, the name 2008–139); to the Committee on Foreign Rela- 2009, the MinnesotaCare Medicaid dem- of the Senator from Kentucky (Mr. tions. onstration project; to the Committee on Fi- BUNNING) was added as a cosponsor of EC–7520. A communication from the Acting nance. S. 1232, a bill to direct the Secretary of Assistant Legal Adviser for Treaty Affairs, By Mr. SCHUMER (for himself and Mr. Health and Human Services, in con- ALEXANDER): Department of State, transmitting, pursuant sultation with the Secretary of Edu- to the Case-Zablocki Act, 1 U.S.C. 112b, as S. 3468. A bill to amend title XVIII of the amended, the report of the texts and back- Social Security Act to continue the ability cation, to develop a voluntary policy ground statements of international agree- of hospitals to supply a needed workforce of for managing the risk of food allergy ments, other than treaties (List 2008–140– nurses and allied health professionals by pre- and anaphylaxis in schools, to estab- 2008–147); to the Committee on Foreign Rela- serving funding for hospital operated nursing lish school-based food allergy manage- tions. and allied health education programs; to the ment grants, and for other purposes. Committee on Finance. EC–7521. A communication from the Sec- S. 1375 retary General, Inter-Parliamentary Union, f At the request of Mr. MENENDEZ, the transmitting, documents relative to the International Day of Democracy; to the SUBMISSION OF CONCURRENT AND name of the Senator from Hawaii (Mr. Committee on Foreign Relations. SENATE RESOLUTIONS INOUYE) was added as a cosponsor of S. f The following concurrent resolutions 1375, a bill to ensure that new mothers and their families are educated about REPORTS OF COMMITTEES and Senate resolutions were read, and referred (or acted upon), as indicated: postpartum depression, screened for symptoms, and provided with essential The following reports of committees By Mr. BROWN (for himself and Mr. were submitted: VOINOVICH): services, and to increase research at By Mr. DODD, from the Committee on For- S. Res. 653. A resolution celebrating the the National Institutes of Health on eign Relations, without amendment: outstanding athletic accomplishments of postpartum depression.

VerDate Aug 31 2005 02:51 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.023 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8276 CONGRESSIONAL RECORD — SENATE September 10, 2008 S. 2059 1986 to require group and individual lina (Mrs. DOLE) was added as a cospon- At the request of Mrs. CLINTON, the health insurance coverage and group sor of S. 3377, a bill to amend title 46, name of the Senator from North Caro- health plans to provide coverage for in- United States Code, to waive the bio- lina (Mrs. DOLE) was added as a cospon- dividuals participating in approved metric transportation security card re- sor of S. 2059, a bill to amend the Fam- cancer clinical trials. quirement for certain small business ily and Medical Leave Act of 1993 to S. 3078 merchant mariners, and for other pur- clarify the eligibility requirements At the request of Ms. COLLINS, the poses. with respect to airline flight crews. name of the Senator from Indiana (Mr. S. 3392 S. 2261 BAYH) was added as a cosponsor of S. At the request of Ms. KLOBUCHAR, the At the request of Mr. KOHL, the name 3078, a bill to establish a National Inno- name of the Senator from Rhode Island of the Senator from Rhode Island (Mr. vation Council, to improve the coordi- (Mr. WHITEHOUSE) was added as a co- nation of innovation activities among WHITEHOUSE) was added as a cosponsor sponsor of S. 3392, a bill to amend of S. 2261, a bill to restore the rule that industries in the United States, and for Homeland Security Act of 2002 to es- agreements between manufacturers other purposes. tablish an appeal and redress process and retailers, distributors, or whole- S. 3080 for passengers wrongly delayed or pro- salers to set the minimum price below At the request of Mrs. FEINSTEIN, the hibited from boarding a flight, or de- which the manufacturer’s product or name of the Senator from Nebraska nied a right, benefit, or privilege, and service cannot be sold violates the (Mr. HAGEL) was added as a cosponsor for other purposes. of S. 3080, a bill to ensure parity be- Sherman Act. tween the temporary duty imposed on S. 3406 S. 2310 ethanol and tax credits provided on At the request of Mr. HARKIN, the At the request of Mrs. CLINTON, the ethanol. names of the Senator from Iowa (Mr. name of the Senator from Illinois (Mr. S. 3200 GRASSLEY) and the Senator from Wash- OBAMA) was added as a cosponsor of S. At the request of Mr. KERRY, the ington (Ms. CANTWELL) were added as 2310, a bill to establish a National Cat- name of the Senator from Rhode Island cosponsors of S. 3406, a bill to restore astrophic Risks Consortium and a Na- (Mr. WHITEHOUSE) was added as a co- the intent and protections of the Amer- tional Homeowners’ Insurance Sta- sponsor of S. 3200, a bill to develop ca- icans with Disabilities Act of 1990. bilization Program, and for other pur- pacity and infrastructure for men- S. 3408 poses. toring programs. At the request of Mr. BAUCUS, the S. 2641 S. 3246 names of the Senator from New Mexico At the request of Mr. GRASSLEY, the At the request of Mr. CARDIN, the (Mr. BINGAMAN) and the Senator from names of the Senator from Illinois (Mr. name of the Senator from Virginia (Mr. Rhode Island (Mr. WHITEHOUSE) were OBAMA) and the Senator from Illinois WARNER) was added as a cosponsor of S. added as cosponsors of S. 3408, a bill to (Mr. DURBIN) were added as cosponsors 3246, a bill to amend the Internal Rev- amend title XI of the Social Security of S. 2641, a bill to amend title XVIII enue Code of 1986 to allow the Sec- Act to provide for the conduct of com- and XIX of the Social Security Act to retary of the Treasury to set the stand- parative effectiveness research and to improve the transparency of informa- ard mileage rate for use of a passenger amend the Internal Revenue Code of tion on skilled nursing facilities and automobile for purposes of the chari- 1986 to establish a Comparative Effec- nursing facilities and to clarify and im- table contributions deduction. tiveness Research Trust Fund, and for prove the targeting of the enforcement S. 3325 other purposes. of requirements with respect to such At the request of Mr. LEAHY, the S. 3429 facilities. name of the Senator from Maryland At the request of Mr. SCHUMER, the S. 2892 (Mr. CARDIN) was added as a cosponsor names of the Senator from Iowa (Mr. At the request of Mr. LEAHY, the of S. 3325, a bill to enhance remedies HARKIN), the Senator from Georgia name of the Senator from Virginia (Mr. for violations of intellectual property (Mr. ISAKSON) and the Senator from WEBB) was added as a cosponsor of S. laws, and for other purposes. Michigan (Mr. LEVIN) were added as co- 2892, a bill to promote the prosecution S. 3327 sponsors of S. 3429, a bill to amend the and enforcement of frauds against the At the request of Mr. KERRY, the Internal Revenue Code to provide for United States by suspending the stat- names of the Senator from Wisconsin an increased mileage rate for chari- ute of limitations during times when (Mr. KOHL) and the Senator from Maine table deductions. OLLINS Congress has authorized the use of (Ms. C ) were added as cosponsors S. 3458 of S. 3327, a bill to amend title XIX of military force. At the request of Mr. BUNNING, the the Social Security Act to improve the S. 2908 name of the Senator from South Da- State plan amendment option for pro- At the request of Mr. BROWN, the kota (Mr. THUNE) was added as a co- viding home and community-based name of the Senator from West Vir- sponsor of S. 3458, a bill to prohibit services under the Medicaid program, ginia (Mr. ROCKEFELLER) was added as golden parachute payments for former and for other purposes. a cosponsor of S. 2908, a bill to amend executives and directors of Fannie Mae S. 3361 title II of the Social Security Act to and Freddie Mac. At the request of Mr. VITTER, the prohibit the display of Social Security name of the Senator from Nevada (Mr. S.J. RES. 27 account numbers on Medicare cards. ENSIGN) was added as a cosponsor of S. At the request of Mrs. DOLE, the S. 2998 3361, a bill to amend title IV of the So- name of the Senator from Wyoming At the request of Mr. NELSON of Flor- cial Security Act to require States to (Mr. ENZI) was added as a cosponsor of ida, the name of the Senator from implement a drug testing program for S.J. Res. 27, a joint resolution pro- Texas (Mrs. HUTCHISON) was added as a applicants for and recipients of assist- posing an amendment to the Constitu- cosponsor of S. 2998, a bill to require ance under the Temporary Assistance tion of the United States relative to accurate and reasonable disclosure of for Needy Families (TANF) program. the line item veto. the terms and conditions of prepaid S. 3362 S. RES. 636 telephone calling cards and services, At the request of Mr. KERRY, the At the request of Mr. LIEBERMAN, the and for other purposes. names of the Senator from Arkansas names of the Senator from Georgia S. 2999 (Mr. PRYOR) and the Senator from (Mr. CHAMBLISS), the Senator from At the request of Mr. BROWN, the Georgia (Mr. ISAKSON) were added as North Carolina (Mr. BURR), the Senator name of the Senator from New Jersey cosponsors of S. 3362, a bill to reauthor- from North Carolina (Mrs. DOLE) and (Mr. MENENDEZ) was added as a cospon- ize and improve the SBIR and STTR the Senator from Kansas (Mr. ROB- sor of S. 2999, a bill to amend the Pub- programs, and for other purposes. ERTS) were added as cosponsors of S. lic Health Service Act, the Employee S. 3377 Res. 636, a resolution recognizing the Retirement Income Security Act of At the request of Mr. COLEMAN, the strategic success of the troop surge in 1974, and the Internal Revenue Code of name of the Senator from North Caro- Iraq and expressing gratitude to the

VerDate Aug 31 2005 02:51 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.028 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8277 members of the United States Armed from Georgia (Mr. CHAMBLISS), the Sen- GRASSLEY), the Senator from Oregon Forces who made that success possible. ator from Florida (Mr. MARTINEZ), the (Mr. WYDEN), the Senator from Mis- AMENDMENT NO. 4979 Senator from Alabama (Mr. SESSIONS), souri (Mrs. MCCASKILL) and the Sen- At the request of Mr. NELSON of Flor- the Senator from Kansas (Mr. ator from Virginia (Mr. WEBB) were ida, the names of the Senator from BROWNBACK), the Senator from North added as cosponsors of amendment No. New Jersey (Mr. LAUTENBERG), the Sen- Carolina (Mr. BURR), the Senator from 5323 proposed to S. 3001, an original bill ator from New Hampshire (Mr. South Carolina (Mr. DEMINT), the Sen- to authorize appropriations for fiscal SUNUNU) and the Senator from Oregon ator from Nevada (Mr. ENSIGN), the year 2009 for military activities of the (Mr. WYDEN) were added as cosponsors Senator from Arizona (Mr. KYL), the Department of Defense, for military of amendment No. 4979 proposed to S. Senator from Virginia (Mr. WARNER), construction, and for defense activities 3001, an original bill to authorize ap- the Senator from Missouri (Mr. BOND), of the Department of Energy, to pre- propriations for fiscal year 2009 for the Senator from Texas (Mrs. scribe military personnel strengths for military activities of the Department HUTCHISON), the Senator from Idaho such fiscal year, and for other pur- of Defense, for military construction, (Mr. CRAPO), the Senator from Ken- poses. and for defense activities of the De- tucky (Mr. MCCONNELL), the Senator At the request of Mr. WHITEHOUSE, partment of Energy, to prescribe mili- from Ohio (Mr. VOINOVICH), the Senator his name was added as a cosponsor of tary personnel strengths for such fiscal from Minnesota (Mr. COLEMAN), the amendment No. 5323 proposed to S. year, and for other purposes. Senator from Oklahoma (Mr. INHOFE), 3001, supra. AMENDMENT NO. 5266 the Senator from South Carolina (Mr. f GRAHAM), the Senator from Kentucky At the request of Mr. REID, the name STATEMENTS ON INTRODUCED (Mr. BUNNING), the Senator from Geor- of the Senator from Arkansas (Mrs. BILLS AND JOINT RESOLUTIONS gia (Mr. ISAKSON), the Senator from LINCOLN) was added as a cosponsor of Tennessee (Mr. CORKER) and the Sen- By Mr. FEINGOLD: amendment No. 5266 intended to be pro- S. 3461. A bill to evaluate certain cer- posed to S. 3001, an original bill to au- ator from Colorado (Mr. SALAZAR) were added as cosponsors of amendment No. tification programs, and for other pur- thorize appropriations for fiscal year 5298 intended to be proposed to S. 3001, poses; to the Committee on Health, 2009 for military activities of the De- an original bill to authorize appropria- Education, Labor, and Pensions. partment of Defense, for military con- tions for fiscal year 2009 for military Mr. FEINGOLD. Mr. President, today struction, and for defense activities of activities of the Department of De- I introduce a simple bill that is the the Department of Energy, to prescribe fense, for military construction, and first step toward helping American military personnel strengths for such for defense activities of the Depart- workers and businesses. The Skills fiscal year, and for other purposes. ment of Energy, to prescribe military Standards Certification Evaluation Act AMENDMENT NO. 5271 personnel strengths for such fiscal of 2008 will require the Secretaries of At the request of Mr. VOINOVICH, the year, and for other purposes. Labor and Commerce to evaluate skills name of the Senator from Rhode Island standards certification programs that AMENDMENT NO. 5302 (Mr. REED) was added as a cosponsor of have been developed with Federal fund- At the request of Mr. NELSON of Flor- amendment No. 5271 intended to be pro- ida, the name of the Senator from Ala- ing. posed to S. 3001, an original bill to au- Skills Standards Certifications have bama (Mr. SESSIONS) was added as a co- emerged in the past 2 decades in re- thorize appropriations for fiscal year sponsor of amendment No. 5302 in- sponse to job growth in high-tech- 2009 for military activities of the De- tended to be proposed to S. 3001, an nology and varied industries. The partment of Defense, for military con- original bill to authorize appropria- training or classes usually take weeks struction, and for defense activities of tions for fiscal year 2009 for military or months, rather than years. Often, the Department of Energy, to prescribe activities of the Department of De- they are developed in response to the military personnel strengths for such fense, for military construction, and needs of one industry or even one com- fiscal year, and for other purposes. for defense activities of the Depart- pany, though the skills may be applica- AMENDMENT NO. 5281 ment of Energy, to prescribe military ble more widely. At the request of Mr. NELSON of Ne- personnel strengths for such fiscal braska, the name of the Senator from The Federal government has taken year, and for other purposes. conflicting approaches to skills stand- New York (Mrs. CLINTON) was added as AMENDMENT NO. 5319 ards certifications over the past two a cosponsor of amendment No. 5281 in- At the request of Mr. SUNUNU, his tended to be proposed to S. 3001, an decades. That is why, as part of the name was added as a cosponsor of Skills Standards Certification Evalua- original bill to authorize appropria- amendment No. 5319 intended to be pro- tions for fiscal year 2009 for military tion Act, I require a recommendation posed to S. 3001, an original bill to au- from the Secretaries of Labor and Com- activities of the Department of De- thorize appropriations for fiscal year merce on how Congress ought to move fense, for military construction, and 2009 for military activities of the De- forward with funding for these certifi- for defense activities of the Depart- partment of Defense, for military con- cation programs. Both the national, ment of Energy, to prescribe military struction, and for defense activities of top-down, and a local, bottom-up ap- personnel strengths for such fiscal the Department of Energy, to prescribe proach have been tried, and a thorough year, and for other purposes. military personnel strengths for such evaluation will make clear how we can AMENDMENT NO. 5282 fiscal year, and for other purposes. move forward to get the most out of At the request of Mr. NELSON of Ne- AMENDMENT NO. 5320 the funding the Federal Government braska, the name of the Senator from At the request of Mr. SANDERS, the provides. Oregon (Mr. WYDEN) was added as a co- names of the Senator from Wisconsin These certifications have a tremen- sponsor of amendment No. 5282 in- (Mr. FEINGOLD) and the Senator from dous benefit for workers. First, because tended to be proposed to S. 3001, an Rhode Island (Mr. WHITEHOUSE) were the training is often condensed into a original bill to authorize appropria- added as cosponsors of amendment No. few weeks with a flexible schedule, it tions for fiscal year 2009 for military 5320 intended to be proposed to S. 3001, allows people to complete certifi- activities of the Department of De- an original bill to authorize appropria- cations without leaving a current job fense, for military construction, and tions for fiscal year 2009 for military and without the financial cost of at- for defense activities of the Depart- activities of the Department of De- tending a full-time program that lasts ment of Energy, to prescribe military fense, for military construction, and a year or more. In addition, these pro- personnel strengths for such fiscal for defense activities of the Depart- grams allow workers to clearly dem- year, and for other purposes. ment of Energy, to prescribe military onstrate a certain set of skills, and AMENDMENT NO. 5298 personnel strengths for such fiscal may open more doors for higher-paying At the request of Mr. ALLARD, the year, and for other purposes. employment. Because these programs names of the Senator from Wyoming AMENDMENT NO. 5323 can be completed without leaving (Mr. ENZI), the Senator from Mis- At the request of Mr. LEAHY, the work, they also allow workers to ad- sissippi (Mr. COCHRAN), the Senator names of the Senator from Iowa (Mr. vance within a career or company to

VerDate Aug 31 2005 02:51 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.029 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8278 CONGRESSIONAL RECORD — SENATE September 10, 2008 more skilled positions and better wages ware, or fake designer hand bags. It’s a recent streak of getting at least a 1:1 and benefits. about the health and safety of the rate of return after decades of being a For employers, Skills Standards Cer- American people. Indeed, counter- donor state and not getting a fair tifications can simplify the search for feiting and piracy affect all sectors of share. employees. I have heard from numer- our economy, including pharma- In addition to supporting transpor- ous Wisconsin employers, especially ceuticals, auto parts, and the quality tation-related jobs, linking workers small businesses with limited re- and safety of our food. and businesses that need them can also sources, that it is hard to find employ- S. 3464 will serve as an important be an important part of a more com- ees with the skills they need, or who bridge in the battle to protect U.S. in- prehensive job creation strategy. This will be dedicated and loyal. Skills tellectual property rights overseas. can mean supporting a robust public Standards Certifications clearly show With the rising tide of piracy and coun- transportation system or more specific the qualification of an individual, of terfeiting abroad, it is vital that we programs designed to link low-income course, but also tell the employer that provide those working on the front individuals with jobs. I have consist- he or she is dedicated enough to invest lines with the tools they need to ensure ently done the former by supporting in the course to earn the certificate. that our nation’s IP rights are lawfully public transportation during consider- Very few people will spend the time respected by foreign countries. ation of the highway bill and Amtrak and money to enroll in such a program To that end, S. 3464 will require the reauthorizations. But my specific pro- if they don’t intend to use the certifi- U.S. Trade Representative, USTR, to posal today focuses on the latter and cate. press countries that violate U.S. intel- improving the Job Access and Reverse Lastly, these programs can help lectual property rights to take specific Commute, JARC, program that links State and local governments quantify steps to stop violations by developing low-income workers with employers. I have heard good things about the their skilled workforce, which can be an action plan for each foreign country JARC program and was glad that it invaluable when marketing the area to that has remained on USTR’s ‘‘Priority was shifted away from earmarks and businesses and investment. Watch List’’ of intellectual property was made available as a combination This bill is a small first step in what deficient countries for at least one formula and competitively awarded I hope can be a continuing effort to year. The action plan must list the leg- program in the last highway bill. The help hard working Americans obtain islative, enforcement, or other actions primary program goal is to locally as- and use high-demand work skills. that the foreign country must take in sess the transportation needs of low-in- order to achieve adequate and effective By Mr. BAUCUS (for himself and come workers and then plan and fund protection of intellectual property programs to help alleviate transpor- Mr. HATCH): rights. S. 3464. A bill to amend the Trade Act tation-related barriers to employment The legislation also provides funds to or better employment. While the tradi- of 1974 to improve the international increase USTR’s ability to partner protection and enforcement of intellec- tional vision for these projects may with developing countries to improve have begun as reverse commute tual property rights, and for other pur- IP protection and enforcement, includ- poses; to the Committee on Finance. projects whereby transit routes were ing capacity building, activities de- established to allow city center resi- Mr. HATCH. Mr. President, I rise signed to increase awareness of intel- today to express my support for Inter- dents to access jobs in the suburbs, the lectual property rights, and training program actually does much more than national Intellectual Property Protec- for officials responsible for enforcing tion and Enforcement Act of 2008 S. just this and provides reliable trans- the laws. Additionally, the bill give the portation to low-income urban, rural 3464, introduced by my friend from President enforcement tools to deal Montana, Senate Finance Committee and suburban workers. with countries that refuse to fight In Wisconsin, the Federal JARC pro- Chairman MAX BAUCUS and myself. widespread theft of our Nation’s IP. gram is jointly administered by the This piece of legislation represents I am committed to moving this legis- State departments of transportation months of hard work and collabora- lation forward and hope that we will do and workforce development as the Wis- tion, and I am pleased that we have fi- so in an expeditious manner. consin Employment Transportation nally arrived at a consensus on this Assistance Program, WETAP. Accord- very important global issue. By Mr. FEINGOLD: ing to the Wisconsin Department of The protection of intellectual prop- S. 3466. A bill to improve the job ac- Transportation, transportation bar- erty has always been one of my top leg- cess and reverse commute program, riers can include a lack of a dependable islative priorities in the Senate. Now and for other purposes; to the Com- vehicle or bus service in the area, an more than ever, America’s ingenuity mittee on Banking, Housing, and absence of local jobs, or child care continues to fuel our economy, and it Urban Affairs. transportation problems. is imperative that we protect new ideas Mr. FEINGOLD. Mr. President, today The State agencies in Wisconsin have and investments in innovation and cre- I introduce another piece of my E4 ini- found several different types of ativity. Make no mistake about it: pi- tiative, so named because it is a collec- projects to be effective, depending on racy and counterfeiting are the new tion of proposals that address issues the local circumstances. These projects face of economic crime around the important to the economy, education, have included the traditional public world, far exceeding traditional prop- employment and energy. The piece of transit projects such as extending bus erty crimes. legislation I am introducing now fo- lines or supporting van-pooling, along It is estimated that U.S. intellectual cuses on the important supporting role with other programs such as providing property alone is worth $5 to $5.5 tril- that transportation can play in eco- cars or car repairs to low-income indi- lion, that is equivalent to about 45 per- nomic development by creating an en- viduals. Wisconsin has even found that cent of our GDP. In other words, this is vironment where employers and those assisting with indirect barriers such as greater than the entire GDP of any seeking employment or better employ- transportation of children to and from other nation in the world. Addition- ment are connected together. Having child care facilities is critical in allow- ally, millions and millions of jobs are such a system to overcome transpor- ing some individuals to improve their created every year by U.S. IP indus- tation hurdles can benefit both em- job prospects. tries. And, I might add, these jobs earn ployers and employees, as well as the A recent University of Illinois Chi- an average of 40 percent more than the local economy. cago study found that the societal ben- average pay of other U.S. jobs. Without In more general terms, investing in efits from this program are $1.65 per doubt, America’s Intellectual property our infrastructure like roads, bridges dollar spent and estimated lifetime drives our economy and is the envy of and transit systems can have direct job benefits to low-income participants of the world and we must do everything creation impacts. This is one reason I $15 per dollar spent due to their ability to protect our prime status as a world have fought hard with the rest of the to find and retain better paying jobs. leader on this front. delegation for a fair rate of return for While the goals of the Job Access and Counterfeiting and piracy aren’t just Wisconsin from the highway bill. I was Reverse Commute program are impor- about downloaded music, pirated soft- glad the most recent 2005 bill continued tant and the program has been found to

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.032 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8279 be fairly effective, there are some de- pilot program would encourage funding of pride and tradition for the past and tails that have prevented the program combined applications to meet these present members of The Ohio State Univer- from reaching its full potential. Work- needs together with one comprehensive sity community; ing closely with transportation offi- project. There is even the potential for Whereas The Ohio State University has the largest self-supporting athletics program in cials in Wisconsin and partially based the Department of Transportation to the country; on recommendations from the UIC further coordinate with other depart- Whereas The Ohio State University con- study, I’ve come up with some specific ments such as Health and Human Serv- tinues to strive for academic excellence in ideas to improve the program. ices for health care-related transpor- sports, ranking first in the Big Ten Aca- With a proven effective program and tation. Similarly, the needs of employ- demic All-Conference Team for the 2007-08 continuing unmet needs by employers ers for employees does not recognize academic year; and low-income individuals seeking local political boundaries, so encour- Whereas, there are 1,877 Buckeye All- employment, it seems clear to me that aging greater collaboration between Americans in the history of the program; JARC could use a boost in funding. So Whereas the Ohio State athletic program local entities to make a more robust strives to improve the academic quality of that is why my proposal ramps up interconnected system should ulti- The Ohio State University by donating key funding by $100 million over 5 years mately provide more efficient and ef- funding to renovate Ohio State’s academic from the current funding of $165 mil- fective service. facilities, including the recent donation to lion to $265 million in fiscal year 2014. While the FTA already provides some the William Oxley Thompson Memorial Li- My proposal would also allow the technical assistance for the JARC pro- brary; Federal share of projects to increase to gram, my proposal provides a small Whereas Ohio State strives for diversity at 80 percent from the current 50 percent boost in funding and some additional all levels and was commended nationally in level for operating expenses. The 50 2007-08 for its National Collegiate Athletic areas of emphasis. For example, after Association academic progress rate, Overall percent local and State match wasn’t hearing about the struggles that some Excellence in Diversity, and for ranking 2nd feasible for far too many local govern- small nonprofits have with the report- in the Degree Completion Program; ments in Wisconsin and as a result Wis- ing requirements, in addition to look- Whereas each year Ohio State student-ath- consin has not been able to spend all ing for ways to streamline the require- letes and coaches are involved in thousands its Federal funds. The higher Federal ments, my proposal would direct the of hours of community service; cost share will better balance the need FTA to also provide some technical as- Whereas each player, coach, and contrib- to leverage Federal funds, while ensur- sistance especially targeted to this utor to the team remained committed to en- ing that these critical funds are fully suring that the Buckeyes achieved this his- need. toric accomplishment; and utilized—millions of dollars in an ac- The final element of my proposal is Whereas all supporters of The Ohio State count does nothing to link people to the offset. The new spending author- University are to be praised for their dedica- jobs. ized in the proposal is fully offset by tion to, and pride in, The Ohio State Univer- Besides the challenge in coming up rescinding highway and bridge ear- sity football program: Now, therefore, be it with a 50 percent local cost share, the marks that have not had funds spent Resolved, That the Senate— other main issue that has kept JARC from them despite being authorized (1) congratulates The Ohio State Univer- from being as effective as it could be is over a decade ago as part of the TEA– sity football team for achieving 800 victories the paperwork and reporting burden re- 21 highway bill. Helping connect work- in its 119-year-history; quired by the program, especially for (2) recognizes The Ohio State University ers and employers is a much better use athletic program for its accomplishments in the small nonprofit groups that often of these funds than letting them sit un- both sports and academics; and have never dealt with Federal grant re- used in some obscure DOT account. (3) requests the Secretary of the Senate to quirements before. My proposal directs Providing reliable transportation to prepare an official copy of this resolution for the Federal Transit Agency, FTA, to low-income individuals only goes so presentation to— examine the current reporting require- far—it is the companies and innovators (A) The Ohio State University for appro- ments to see if there are ways to creating the jobs and the individuals priate display; streamline the amount of paperwork seeking to better their lot through edu- (B) the President of The Ohio State Uni- required while still ensuring that the versity, Dr. E. Gordon Gee; and cation or more challenging employ- (C) the head coach of The Ohio State Uni- program goals are met. ment, that are doing the heavy lifting. versity football team, Mr. Jim Tressel. My bill also includes a pilot program That being said, transportation can f funded at $10 million a year for 5 years clearly be a challenge for companies in order to test a few areas that seem and workers and in the case of the SENATE RESOLUTION 654—HON- very promising, but should be evalu- JARC program can play an important ORING THE LIFE AND RECOG- ated more before broader implementa- supporting role. NIZING THE ACCOMPLISHMENTS tion. The first portion of the pilot pro- f OF THE HONORABLE STEPHANIE gram builds off the regulatory stream- TUBBS JONES, MEMBER OF THE lining evaluation and allows the FTA SUBMITTED RESOLUTIONS HOUSE OF REPRESENTATIVES to test streamlined reporting require- FOR THE 11TH CONGRESSIONAL ments to help get the balance between SENATE RESOLUTION 653—CELE- DISTRICT OF OHIO oversight and administrative burden in BRATING THE OUTSTANDING Mr. BROWN (for himself, Mr. proper balance. ATHLETIC ACCOMPLISHMENTS VOINOVICH, and Mr. HATCH) submitted The second part of the pilot program OF THE OHIO STATE UNIVER- the following resolution; which was focuses on improving education and SITY FOOTBALL TEAM FOR considered and agreed to: employment-related transportation for ACHIEVING ITS 800TH ALL-TIME teens and young adults. Enabling stu- S. RES. 654 VICTORY dents and young people to reliably get Whereas Stephanie Tubbs Jones was born between their high schools or neighbor- Mr. BROWN (for himself and Mr. on September 10, 1949, in Cleveland, Ohio, and attended Case Western Reserve Univer- hoods and technical colleges, job train- VOINOVICH) submitted the following resolution; which was referred to the sity and the Franklin Thomas Backus ing centers or apprenticeships can have School of Law; a life-long positive impact. Committee on the Judiciary: Whereas, in 1982, at the age of 33, Steph- The third section of the pilot pro- S. RES. 653 anie Tubbs Jones was elected to serve on the gram would allow experimentation Whereas, on September 6, 2008, The Ohio Cleveland Municipal Court; with combining different transit pro- State University football team, known as Whereas, in 1983, Stephanie Tubbs Jones grams and integrating JARC projects the ‘‘Buckeyes,’’ achieved its 800th win, be- became the first African-American woman to across local political boundaries to coming the 5th major college football pro- serve on the Court of Common Pleas in the provide a more comprehensive local gram to reach this mark; State of Ohio; Whereas the Buckeyes have an all-time Whereas Stephanie Tubbs Jones served as transportation system. Instead of hav- record of 800 wins, 304 losses, and 53 ties in the Cuyahoga County Prosecutor from 1991 ing one transit program to assist the their 119 seasons; through 1999, becoming the first woman and disabled, one targeted toward the el- Whereas, in 1890, the Buckeyes played their the first African-American to hold the posi- derly and another focused on jobs, this first game, and since have become a symbol tion;

VerDate Aug 31 2005 02:51 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.039 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8280 CONGRESSIONAL RECORD — SENATE September 10, 2008 Whereas, in 1998, Stephanie Tubbs Jones Whereas, in 2005, the Department of De- AMENDMENTS SUBMITTED AND was elected to the first of 5 terms in the fense created the Sexual Assault Prevention PROPOSED House of Representatives, where she was a and Response Office, which serves as the sin- tireless advocate for the citizens of Ohio’s gle point of accountability and oversight for SA 5339. Mr. ALEXANDER (for himself, Mr. BINGAMAN, Mr. VOINOVICH, Mr. KENNEDY, 11th Congressional District and championed the policies of the Department relating to Ms. MURKOWSKI, Mr. BROWN, Mr. MCCONNELL, increased access to health care, improved sexual assault; Mr. HARKIN, and Mrs. MURRAY) submitted an voting rights, and quality education for all; Whereas the Sexual Assault Prevention amendment intended to be proposed by him Whereas Stephanie Tubbs Jones was the and Response Office has improved reporting to the bill S. 3001, to authorize appropria- first African-American woman to represent of sexual assault and rape, but still does not the State of Ohio in Congress; tions for fiscal year 2009 for military activi- track investigations or prosecutions of re- ties of the Department of Defense, for mili- Whereas Ohio has lost a beloved daughter ported cases; and and the House of Representatives one of its tary construction, and for defense activities Whereas sexual assault and rape in the of the Department of Energy, to prescribe strongest voices with the passing of Steph- military are a threat to the national secu- anie Tubbs Jones on August 20, 2008: Now, military personnel strengths for such fiscal rity of the United States: Now, therefore, be year, and for other purposes; which was or- therefore, be it it Resolved, That the Senate— dered to lie on the table. (1) mourns the loss of the Honorable Steph- Resolved by the Senate (the House of Rep- SA 5340. Mr. LUGAR (for himself, Mr. IDEN, Mr. DURBIN, and Mr. WARNER) sub- anie Tubbs Jones and expresses its condo- resentatives concurring), That it is the sense B mitted an amendment intended to be pro- lences to her family and friends and to the of Congress that the Secretary of Defense posed by him to the bill S. 3001, supra; which people of the 11th Congressional District of should develop a comprehensive strategy to Ohio; and was ordered to lie on the table. increase and encourage investigation and SA 5341. Ms. KLOBUCHAR submitted an (2) honors the life of Stephanie Tubbs prosecution of sexual assault and rape cases amendment intended to be proposed by her Jones, a highly esteemed and accomplished in the military that includes— to the bill S. 3001, supra; which was ordered Member of Congress, dedicated community (1) requiring commanders to be held ac- to lie on the table. leader, and tireless advocate for those in countable for sexual assaults and rapes that SA 5342. Ms. KLOBUCHAR submitted an need. occur in the units under their command and amendment intended to be proposed by her f to provide justification for disposing of cases to the bill S. 3001, supra; which was ordered through nonjudicial punishment and other to lie on the table. SENATE CONCURRENT RESOLU- administrative actions; SA 5343. Mrs. CLINTON submitted an TION 97—EXPRESSING THE (2) developing and enhancing existing pre- amendment intended to be proposed by her SENSE OF CONGRESS REGARD- vention and response programs by using to the bill S. 3001, supra; which was ordered ING SEXUAL ASSAULTS AND proven best-practice methods to create a cul- to lie on the table. SA 5344. Mrs. CLINTON submitted an RAPE IN THE MILITARY ture that prevents sexual assault and rape in the military and encourages more reporting amendment intended to be proposed by her Mrs. CLINTON submitted the fol- of sexual assaults and rapes by victims; to the bill S. 3001, supra; which was ordered lowing concurrent resolution; which (3) conducting more aggressive oversight of to lie on the table. SA 5345. Mrs. CLINTON submitted an was referred to the Committee on existing prevention and response programs, amendment intended to be proposed by her establishing performance metrics to ensure Armed Services: to the bill S. 3001, supra; which was ordered that such programs are effective, and ana- S. CON. RES. 97 to lie on the table. lyzing trends in the prevention and reporting Whereas, since 2002, 59,690 female veterans SA 5346. Mr. FEINGOLD (for himself, Mr. of sexual assaults and rapes; have reported being raped or sexually as- WHITEHOUSE, and Mr. LEAHY) submitted an (4) reviewing current training methods for saulted or experiencing another form of sex- amendment intended to be proposed by him all personnel involved in military investiga- ual trauma while in the military; to the bill S. 3001, supra; which was ordered tions of sexual assault and rape cases, and Whereas, according to the Department of to lie on the table. for judge advocate staff, and implementing Veterans Affairs, female veterans reporting SA 5347. Mr. FEINGOLD (for himself, Mr. any improvements that are necessary; rape, sexual assault, or other sexual trauma WHITEHOUSE, Mr. MENENDEZ, Mr. LEAHY, Mr. (5) encouraging communication and data constitute almost 20 percent of the women WYDEN, and Mr. LAUTENBERG) submitted an sharing between the Sexual Assault Preven- seen at facilities of the Department nation- amendment intended to be proposed by him tion and Response Office and other compo- wide; to the bill S. 3001, supra; which was ordered nents of the Armed Forces and the Depart- Whereas 41 percent of female veterans to lie on the table. ment of Defense to enhance coordination and treated at the West Los Angeles Medical SA 5348. Mrs. BOXER submitted an amend- Center of the Department of Veterans Affairs oversight of sexual assault and rape cases as ment intended to be proposed by her to the reported being sexually assaulted while in those cases move through the legal process; bill S. 3001, supra; which was ordered to lie the military and 29 percent of such veterans (6) reviewing the capacity of the legal in- on the table. SA 5349. Mrs. BOXER submitted an amend- reported being raped while in the military; frastructure of the Armed Forces to inves- ment intended to be proposed by her to the Whereas the number of reported sexual as- tigate and prosecute effectively sexual as- bill S. 3001, supra; which was ordered to lie saults and rapes in the military increased by sault cases in the military; on the table. 73 percent from 2004 to 2006, according to the (7) examining any additional barriers, such as the availability of staff and the adequacy SA 5350. Mrs. BOXER submitted an amend- Department of Defense; ment intended to be proposed by her to the Whereas 2,688 sexual assaults were reported of resources, on military installations and facilities in the United States and abroad, bill S. 3001, supra; which was ordered to lie in the military in fiscal year 2007, including on the table. 1,259 reports of rape, according to the De- and in theaters of operations, to conduct ef- fective investigations of sexual assault and SA 5351. Mr. AKAKA (for himself and Mr. partment of Defense; VOINOVICH) submitted an amendment in- Whereas the military chain of command rape cases; (8) reviewing command disposition of cases tended to be proposed by him to the bill S. took no action in almost half of the cases of 3001, supra; which was ordered to lie on the sexual assault in the military investigated and identifying whether additional oversight is required to ensure that the resolution of table. by military authorities, claiming insuffi- SA 5352. Mr. LEVIN (for himself and Mr. cases through nonjudicial means is justified; cient evidence, and the majority of the cases MCCAIN) submitted an amendment intended (9) classifying a military protection order in which some action was taken were re- to be proposed by him to the bill S. 3001, as a standing military order to ensure that solved through nonjudicial punishment or supra; which was ordered to lie on the table. administrative action, which in most cases an investigation has occurred and appro- SA 5353. Mr. LEVIN (for himself, Mr. amounts to little more than a slap on the priate command authorities have completely MCCAIN, and Mr. AKAKA) submitted an wrist; adjudicated allegations before the order can amendment intended to be proposed by him Whereas only 181 of the 2,212 subjects, or 8 be overturned; to the bill S. 3001, supra; which was ordered percent, investigated by the military for sex- (10) establishing a policy that mandates to lie on the table. ual assault during fiscal year 2007 were re- the notification of any military protective SA 5354. Mr. BURR (for himself, Mrs. CLIN- ferred to courts martial; order issued at a military installation to TON, Mr. ALEXANDER, Mr. INHOFE, Mr. WICK- Whereas civilian law enforcement authori- local civilian law enforcement agencies to ER, and Mr. ISAKSON) submitted an amend- ties prosecute approximately 40 percent of provide the continuity of protection to vic- ment intended to be proposed by him to the individuals arrested for rape, according to tims; and bill S. 3001, supra; which was ordered to lie statistics of the Department of Justice and (11) ensuring that once a member of the on the table. the Federal Bureau of Investigation; Armed Forces has notified the member’s SA 5355. Mr. GRAHAM (for himself and Mr. Whereas the absence of aggressive prosecu- command that the member has been sexually LIEBERMAN) submitted an amendment in- tions by the military perpetuates a hostile assaulted or raped, the command affords the tended to be proposed by him to the bill S. environment and hinders a victim’s willing- member an opportunity for transfer if a mili- 3001, supra; which was ordered to lie on the ness to report a sexual assault or rape; tary protection order is issued. table.

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.036 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8281 SA 5356. Mr. CHAMBLISS (for himself and an amendment intended to be proposed by tended to be proposed by him to the bill S. Mr. PRYOR) submitted an amendment in- Mr. Reid to the bill S. 3001, supra; which was 3001, supra; which was ordered to lie on the tended to be proposed by him to the bill S. ordered to lie on the table. table. 3001, supra; which was ordered to lie on the SA 5375. Mr. COLEMAN (for himself, Mrs. SA 5396. Mr. VOINOVICH (for himself and table. LINCOLN, and Mr. CHAMBLISS) submitted an Mr. BROWN) submitted an amendment in- SA 5357. Mr. ENSIGN submitted an amend- amendment intended to be proposed by him tended to be proposed by him to the bill S. ment intended to be proposed by him to the to the bill S. 3001, supra; which was ordered 3001, supra; which was ordered to lie on the bill S. 3001, supra; which was ordered to lie to lie on the table. table. on the table. SA 5376. Mr. WARNER (for himself and Mr. SA 5397. Mr. VOINOVICH (for himself and SA 5358. Mr. ENSIGN (for himself and Mr. LEVIN) submitted an amendment intended to Mr. BROWN) submitted an amendment in- BROWNBACK) submitted an amendment in- be proposed by him to the bill S. 3001, supra; tended to be proposed by him to the bill S. tended to be proposed by him to the bill S. which was ordered to lie on the table. 3001, supra; which was ordered to lie on the 3001, supra; which was ordered to lie on the SA 5377. Mr. INHOFE submitted an amend- table. table. ment intended to be proposed by him to the SA 5398. Mr. VOINOVICH (for himself and SA 5359. Mr. BROWNBACK submitted an bill S. 3001, supra; which was ordered to lie Mr. BROWN) submitted an amendment in- amendment intended to be proposed by him on the table. tended to be proposed by him to the bill S. to the bill S. 3001, supra; which was ordered SA 5378. Mr. INHOFE submitted an amend- 3001, supra; which was ordered to lie on the to lie on the table. ment intended to be proposed by him to the table. SA 5360. Mr. BROWNBACK submitted an bill S. 3001, supra; which was ordered to lie SA 5399. Mrs. CLINTON submitted an amendment intended to be proposed by him on the table. amendment intended to be proposed by her to the bill S. 3001, supra; which was ordered SA 5379. Mrs. CLINTON submitted an to the bill S. 3001, supra; which was ordered to lie on the table. amendment intended to be proposed by her to lie on the table. SA 5361. Mr. BROWNBACK submitted an to the bill S. 3001, supra; which was ordered SA 5400. Mr. BROWN submitted an amend- amendment intended to be proposed by him to lie on the table. ment intended to be proposed by him to the to the bill S. 3001, supra; which was ordered SA 5380. Mrs. CLINTON submitted an bill S. 3001, supra; which was ordered to lie to lie on the table. amendment intended to be proposed by her on the table. SA 5362. Mr. COLEMAN submitted an to the bill S. 3001, supra; which was ordered SA 5401. Mr. BROWN submitted an amend- amendment intended to be proposed by him to lie on the table. ment intended to be proposed by him to the to the bill S. 3001, supra; which was ordered SA 5381. Mr. SCHUMER submitted an bill S. 3001, supra; which was ordered to lie to lie on the table. amendment intended to be proposed by him on the table. SA 5363. Mr. LEAHY submitted an amend- to the bill S. 3001, supra; which was ordered SA 5402. Mr. BROWN (for himself and Mr. OINOVICH) submitted an amendment in- ment intended to be proposed by him to the to lie on the table. V bill S. 3001, supra; which was ordered to lie SA 5382. Mr. LAUTENBERG submitted an tended to be proposed by him to the bill S. on the table. amendment intended to be proposed by him 3001, supra; which was ordered to lie on the SA 5364. Mr. LIEBERMAN (for himself, Ms. to the bill S. 3001, supra; which was ordered table. SA 5403. Mr. BROWN submitted an amend- COLLINS, and Mrs. MCCASKILL) submitted an to lie on the table. ment intended to be proposed by him to the amendment intended to be proposed by him SA 5383. Mr. LAUTENBERG (for himself, bill S. 3001, supra; which was ordered to lie to the bill S. 3001, supra; which was ordered Mr. CASEY, and Mr. MENENDEZ) submitted an on the table. to lie on the table. amendment intended to be proposed by him SA 5404. Mrs. CLINTON (for herself and Mr. SA 5365. Mr. LIEBERMAN (for himself and to the bill S. 3001, supra; which was ordered ENSIGN) submitted an amendment intended Ms. COLLINS) submitted an amendment in- to lie on the table. to be proposed by her to the bill S. 3001, tended to be proposed by him to the bill S. SA 5384. Mr. LAUTENBERG (for himself supra; which was ordered to lie on the table. 3001, supra; which was ordered to lie on the and Mr. HAGEL) submitted an amendment in- SA 5405. Mr. DEMINT submitted an amend- table. tended to be proposed by him to the bill S. ment intended to be proposed by him to the SA 5366. Mrs. MCCASKILL submitted an 3001, supra; which was ordered to lie on the bill S. 3001, supra; which was ordered to lie amendment intended to be proposed by her table. on the table. to the bill S. 3001, supra; which was ordered SA 5385. Mr. MENENDEZ submitted an SA 5406. Mr. LEAHY (for himself, Mr. to lie on the table. amendment intended to be proposed by him BOND, Mr. FEINGOLD, Mr. BROWN, Ms. SA 5367. Mr. CONRAD submitted an to the bill S. 3001, supra; which was ordered KLOBUCHAR, Mr. HARKIN, Mr. JOHNSON, Mr. amendment intended to be proposed by him to lie on the table. CASEY, Mr. BYRD, Mr . GRASSLEY, Mr. SMITH, to the bill S. 3001, supra; which was ordered SA 5386. Mrs. CLINTON submitted an Mr. CARDIN, Mr. CRAIG, Mr. WYDEN, Mr. to lie on the table. amendment intended to be proposed by her ROCKEFELLER, and Mrs. LINCOLN) submitted SA 5368. Mr. LIEBERMAN (for himself, Mr. to the bill S. 3001, supra; which was ordered an amendment intended to be proposed by GRAHAM, Mr. MCCAIN, Mr. MCCONNELL, Mr. to lie on the table. him to the bill S. 3001, supra; which was or- ALEXANDER, Mr. ALLARD, Mr. BOND, Mr. BEN- SA 5387. Mr. BOND submitted an amend- dered to lie on the table. NETT, Mr. BROWNBACK , Mr. CORNYN, Mr. ment intended to be proposed by him to the SA 5407. Mr. CORNYN submitted an CRAIG, Mr. CRAPO, Mr. ENSIGN, Mr. DOMENICI, bill S. 3001, supra; which was ordered to lie amendment intended to be proposed by him Mr. ENZI, Mrs. HUTCHISON, Mr. ISAKSON, Mr. on the table. to the bill S. 3001, supra; which was ordered THUNE, Mr. INHOFE, Mr. KYL, Mr. WICKER, SA 5388. Mr. BOND submitted an amend- to lie on the table. Mr. ROBERTS, Mr. CHAMBLISS, Mrs. DOLE, Mr. ment intended to be proposed by him to the SA 5408. Mr. BROWNBACK submitted an BURR, Mr. MARTINEZ, Mr. STEVENS, Mr. bill S. 3001, supra; which was ordered to lie amendment intended to be proposed by him COBURN, and Mr. BARRASSO) submitted an on the table. to the bill S. 3001, supra; which was ordered amendment intended to be proposed by him SA 5389. Mr. BOND submitted an amend- to lie on the table. to the bill S. 3001, supra; which was ordered ment intended to be proposed by him to the SA 5409. Mr. BROWN (for himself and Mr. to lie on the table. bill S. 3001, supra; which was ordered to lie ENSIGN) submitted an amendment intended SA 5369. Mr. WHITEHOUSE (for himself, on the table. to be proposed by him to the bill S. 3001, Mrs. FEINSTEIN, Mr. ROCKEFELLER, and Mr. SA 5390. Mr. BOND submitted an amend- supra; which was ordered to lie on the table. HAGEL) submitted an amendment intended ment intended to be proposed by him to the SA 5410. Mr. HARKIN (for himself and Mr. to be proposed by him to the bill S. 3001, bill S. 3001, supra; which was ordered to lie OBAMA) submitted an amendment intended supra; which was ordered to lie on the table. on the table. to be proposed by him to the bill S. 3001, SA 5370. Ms. LANDRIEU submitted an SA 5391. Mr. BOND submitted an amend- supra; which was ordered to lie on the table. amendment intended to be proposed by her ment intended to be proposed by him to the SA 5411. Mr. NELSON, of Nebraska (for to the bill S. 3001, supra; which was ordered bill S. 3001, supra; which was ordered to lie himself and Mr. GRAHAM) submitted an to lie on the table. on the table. amendment intended to be proposed by him SA 5371. Ms. LANDRIEU submitted an SA 5392. Mr. BOND submitted an amend- to the bill S. 3001, supra; which was ordered amendment intended to be proposed by her ment intended to be proposed by him to the to lie on the table. to the bill S. 3001, supra; which was ordered bill S. 3001, supra; which was ordered to lie SA 5412. Mrs. CLINTON submitted an to lie on the table. on the table. amendment intended to be proposed by her SA 5372. Mr. NELSON of Nebraska sub- SA 5393. Mr. BARRASSO (for himself and to the bill S. 3001, supra; which was ordered mitted an amendment intended to be pro- Mr. ENZI) submitted an amendment intended to lie on the table. posed by him to the bill S. 3001, supra; which to be proposed by him to the bill S. 3001, SA 5413. Mr. THUNE submitted an amend- was ordered to lie on the table. supra; which was ordered to lie on the table. ment intended to be proposed by him to the SA 5373. Mr. NELSON of Nebraska sub- SA 5394. Mr. CHAMBLISS submitted an bill S. 3001, supra; which was ordered to lie mitted an amendment intended to be pro- amendment intended to be proposed by him on the table. posed by him to the bill S. 3001, supra; which to the bill S. 3001, supra; which was ordered SA 5414. Mr. KYL (for himself, Mr. VITTER, was ordered to lie on the table. to lie on the table. Mr. INHOFE, Mr. MARTINEZ, Mr. WARNER, and SA 5374. Mr. REID (for Mr. BIDEN (for him- SA 5395. Mr. VOINOVICH (for himself and Mr. LEVIN) proposed an amendment to the self, Mr. KERRY, and Mr. HAGEL)) submitted Mr. BROWN) submitted an amendment in- bill S. 3001, supra.

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SA 5415. Mr. MCCONNELL submitted an SA 5435. Mr. BAYH submitted an amend- ‘‘(1) CONTRACTOR EMPLOYEES.— amendment intended to be proposed by him ment intended to be proposed by him to the ‘‘(A) IN GENERAL.—A covered DOE con- to the bill S. 3001, supra; which was ordered bill S. 3001, supra; which was ordered to lie tractor employee shall receive contractor to lie on the table. on the table. employee compensation under this subtitle SA 5416. Mr. LEVIN submitted an amend- SA 5436. Mr. BAYH submitted an amend- in accordance with section 3673. ment intended to be proposed by him to the ment intended to be proposed by him to the ‘‘(B) COMPENSATION AFTER DEATH OF CON- bill S. 3001, supra; which was ordered to lie bill S. 3001, supra; which was ordered to lie TRACTOR EMPLOYEE.— on the table. on the table. ‘‘(i) IN GENERAL.—Except as provided in SA 5417. Mr. VOINOVICH submitted an SA 5437. Mr. BAYH submitted an amend- paragraph (2)(B), if the death of a contractor amendment intended to be proposed by him ment intended to be proposed by him to the employee occurs after the employee applies to the bill S. 3001, supra; which was ordered bill S. 3001, supra; which was ordered to lie for compensation under this subtitle but be- to lie on the table. on the table. fore such compensation is paid, the amount SA 5418. Mr. VOINOVICH submitted an SA 5438. Mr. WEBB (for himself and Mr. of compensation described in clause (ii) shall amendment intended to be proposed by him WARNER) submitted an amendment intended be paid to a survivor of the employee (for to the bill S. 3001, supra; which was ordered to be proposed by him to the bill S. 3001, purposes of section 3674) or, if the employee to lie on the table. supra; which was ordered to lie on the table. has no such survivors, to the surviving fam- SA 5419. Mr. REID submitted an amend- SA 5439. Mrs. MCCASKILL submitted an ily members of the employee in accordance ment intended to be proposed by him to the amendment intended to be proposed by her with the procedures set forth in section bill S. 3001, supra; which was ordered to lie to the bill S. 3001, supra; which was ordered 3628(e)(1). on the table. to lie on the table. ‘‘(ii) AMOUNT OF COMPENSATION.—The SA 5420. Mr. TESTER (for himself and Mr. SA 5440. Mrs. CLINTON submitted an amount of compensation described in this BAUCUS) submitted an amendment intended amendment intended to be proposed by her clause is the amount of compensation the to be proposed by him to the bill S. 3001, to the bill S. 3001, supra; which was ordered contractor employee would have received supra; which was ordered to lie on the table. to lie on the table. SA 5421. Mr. REED (for himself and Mrs. pursuant to section 3673(a), except that if the SA 5441. Mr. REID (for Mr. BIDEN (for him- Secretary cannot determine the minimum DOLE) submitted an amendment intended to self and Mr. LUGAR)) submitted an amend- be proposed by him to the bill S. 3001, supra; impairment rating of the employee under ment intended to be proposed by Mr. REID to paragraph (1) of such section as a result of which was ordered to lie on the table. the bill S. 3001, supra; which was ordered to SA 5422. Mr. BAYH (for himself, Mr. SES- the death of the employee, such compensa- lie on the table. tion shall not include compensation pursu- SIONS, Mr. KENNEDY, Mrs. CLINTON, Mr. SA 5442. Mrs. MCCASKILL (for herself, Ms. ant to such paragraph. LIEBERMAN, Mr. OBAMA, and Mr. INHOFE) sub- MIKULSKI, and Mr. KENNEDY) submitted an ‘‘(2) SURVIVORS.— mitted an amendment intended to be pro- amendment intended to be proposed by her ‘‘(A) IN GENERAL.—Except as provided in posed by him to the bill S. 3001, supra; which to the bill S. 3001, supra; which was ordered subparagraph (B) or paragraph (1)(B), a sur- was ordered to lie on the table. to lie on the table. vivor of a covered DOE contractor employee SA 5423. Mr. BINGAMAN submitted an SA 5443. Mr. HATCH (for himself and Mr. shall receive contractor employee compensa- amendment intended to be proposed by him BENNETT) submitted an amendment intended tion under this subtitle in accordance with to the bill S. 3001, supra; which was ordered to be proposed by him to the bill S. 3001, section 3674. to lie on the table. supra; which was ordered to lie on the table. SA 5424. Mr. BINGAMAN submitted an SA 5444. Mr. WARNER submitted an ‘‘(B) ELECTION OF CONTRACTOR EMPLOYEE amendment intended to be proposed by him amendment intended to be proposed by him COMPENSATION OR SURVIVOR COMPENSATION.— to the bill S. 3001, supra; which was ordered to the bill S. 3001, supra; which was ordered A survivor who is otherwise eligible to re- to lie on the table. to lie on the table. ceive compensation pursuant to both sub- SA 5425. Mr. KYL submitted an amend- SA 5445. Mr. BAYH submitted an amend- paragraph (A) and paragraph (1)(B) shall not ment intended to be proposed by him to the ment intended to be proposed by him to the receive compensation pursuant to both sub- bill S. 3001, supra; which was ordered to lie bill S. 3001, supra; which was ordered to lie paragraph (A) and paragraph (1)(B), but shall on the table. on the table. receive compensation pursuant to subpara- SA 5426. Mr. LEVIN (for himself and Mr. graph (A) or paragraph (1)(B), as elected by WARNER) submitted an amendment intended f the survivor. to be proposed by him to the bill S. 3001, TEXT OF AMENDMENTS ‘‘(C) COMPENSATION AFTER DEATH OF SUR- supra; which was ordered to lie on the table. VIVOR.—If the death of a survivor occurs SA 5427. Mrs. BOXER (for Mr. BAUCUS) pro- SA 5339. Mr. ALEXANDER (for him- after the survivor applies for compensation posed an amendment to the bill H.R. 6532, to self, Mr. BINGAMAN, Mr. VOINOVICH, Mr. under this subtitle but before such com- amend the Internal Revenue Code of 1986 to KENNEDY, Ms. MURKOWSKI, Mr. BROWN, pensation is paid and, in the case of com- restore the Highway Trust Fund balance. Mr. MCCONNELL, Mr. HARKIN, and Mrs. pensation pursuant to paragraph (1)(B), there SA 5428. Mr. SANDERS submitted an MURRAY) submitted an amendment in- are no other survivors of the employee (for amendment intended to be proposed by him tended to be proposed by him to the purposes of section 3674), the amount of com- to the bill S. 3001, to authorize appropria- pensation the survivor would have received tions for fiscal year 2009 for military activi- bill S. 3001, to authorize appropriations for fiscal year 2009 for military activi- under this section shall be paid to the sur- ties of the Department of Defense, for mili- viving family members of the employee in tary construction, and for defense activities ties of the Department of Defense, for accordance with the procedures set forth in of the Department of Energy, to prescribe military construction, and for defense section 3628(e)(1).’’. military personnel strengths for such fiscal activities of the Department of Energy, (2) APPLICABILITY.—The provisions of sec- year, and for other purposes; which was or- to prescribe military personnel tion 3672 of the Energy Employees Occupa- dered to lie on the table. strengths for such fiscal year, and for tional Illness Compensation Program Act of SA 5429. Mr. NELSON, of Nebraska (for 2000 (42 U.S.C. 7385s–1), as amended by para- himself, Ms. COLLINS, and Mr. BAYH) sub- other purposes; which was ordered to lie on the table; as follows: graph (1), shall apply to applications for mitted an amendment intended to be pro- compensation under subtitle E of such Act posed by him to the bill S. 3001, supra; which At the end of subtitle B of title XXXI, add filed before, on, or after the date of the en- was ordered to lie on the table. the following: actment of this Act. SA 5430. Mr. SCHUMER submitted an SECTION 3116. PAYMENT OF COMPENSATION TO amendment intended to be proposed by him SURVIVORS OF DEPARTMENT OF EN- to the bill S. 3001, supra; which was ordered ERGY CONTRACTOR EMPLOYEES SA 5340. Mr. LUGAR (for himself, Mr. to lie on the table. UNDER THE ENERGY EMPLOYEES SA 5431. Mr. WARNER submitted an OCCUPATIONAL ILLNESS COM- BIDEN, Mr. DURBIN, and Mr. WARNER) amendment intended to be proposed by him PENSATION PROGRAM ACT OF 2000. submitted an amendment intended to to the bill S. 3001, supra; which was ordered (a) SHORT TITLE.—This section may be be proposed by him to the bill S. 3001, cited as the ‘‘Energy Employees Occupa- to lie on the table. to authorize appropriations for fiscal SA 5432. Mr. BUNNING submitted an tional Illness Compensation Program Im- amendment intended to be proposed by him provement Act of 2008’’. year 2009 for military activities of the to the bill S. 3001, supra; which was ordered (b) PAYMENT OF COMPENSATION TO SUR- Department of Defense, for military to lie on the table. VIVORS OF DEPARTMENT OF ENERGY CON- construction, and for defense activities TRACTOR EMPLOYEES.— SA 5433. Mr. NELSON, of Nebraska sub- of the Department of Energy, to pre- mitted an amendment intended to be pro- (1) IN GENERAL.—Section 3672 of the Energy posed by him to the bill S. 3001, supra; which Employees Occupational Illness Compensa- scribe military personnel strengths for was ordered to lie on the table. tion Program Act of 2000 (42 U.S.C. 7385s–1) is such fiscal year, and for other pur- SA 5434. Mr. BAYH submitted an amend- amended to read as follows: poses; which was ordered to lie on the ment intended to be proposed by him to the ‘‘SEC. 3672. COMPENSATION TO BE PROVIDED. table; as follows: bill S. 3001, supra; which was ordered to lie ‘‘Subject to the other provisions of this on the table. subtitle: At the end of title XII, add the following:

VerDate Aug 31 2005 02:51 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.027 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8283 Subtitle E—Reconstruction and Stabilization and the Committee on Foreign Relations of of agencies (as such term is defined in sec- Civilian Management the Senate. tion 1243 of the Reconstruction and Sta- SEC. 1241. SHORT TITLE. (4) DEPARTMENT.—Except as otherwise bilization Civilian Management Act of 2008) This subtitle may be cited as the ‘‘Re- provided in this subtitle, the term ‘‘Depart- that are available to address such crises. construction and Stabilization Civilian Man- ment’’ means the Department of State. ‘‘(C) Planning, in conjunction with agement Act of 2008’’. (5) PERSONNEL.—The term ‘‘personnel’’ USAID, to address requirements, such as de- SEC. 1242. FINDINGS. means individuals serving in any service de- mobilization, disarmament, rebuilding of (a) FINDINGS.—Congress finds the fol- scribed in section 2101 of title 5, United civil society, policing, human rights moni- lowing: States Code, other than in the legislative or toring, and public information, that com- (1) In June 2004, the Office of the Coordi- judicial branch. monly arise in reconstruction and stabiliza- nator for Reconstruction and Stabilization (6) SECRETARY.—The term ‘‘Secretary’’ tion crises. (referred to as the ‘‘Coordinator’’) was estab- means the Secretary of State. ‘‘(D) Coordinating with relevant agencies lished in the Department of State with the SEC. 1244. AUTHORITY TO PROVIDE ASSISTANCE to develop interagency contingency plans mandate to lead, coordinate, and institu- FOR RECONSTRUCTION AND STA- and procedures to mobilize and deploy civil- tionalize United States Government civilian BILIZATION CRISES. ian personnel and conduct reconstruction capacity to prevent or prepare for post-con- Chapter 1 of part III of the Foreign As- and stabilization operations to address the flict situations and help reconstruct and sta- sistance Act of 1961 (22 U.S.C. 2351 et seq.) is various types of such crises. bilize a country or region that is at risk of, amended by inserting after section 617 the ‘‘(E) Entering into appropriate arrange- in, or is in transition from, conflict or civil following new section: ments with agencies to carry out activities strife. ‘‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION under this section and the Reconstruction and Stabilization Civilian Management Act (2) In December 2005, the Coordinator’s AND STABILIZATION CRISIS. of 2008. mandate was reaffirmed by the National Se- ‘‘(a) ASSISTANCE.— ‘‘(F) Identifying personnel in State and curity Presidential Directive 44, which in- ‘‘(1) IN GENERAL.—If the President deter- local governments and in the private sector structed the Secretary of State, and at the mines that it is important to the national who are available to participate in the Civil- Secretary’s direction, the Coordinator, to co- interests of the United States for United ian Reserve Corps established under sub- ordinate and lead integrated United States States civilian agencies or non-Federal em- section (b) or to otherwise participate in or Government efforts, involving all United ployees to assist in stabilizing and recon- contribute to reconstruction and stabiliza- States departments and agencies with rel- structing a country or region that is at risk tion activities. evant capabilities, to prepare, plan for, and of, in, or is in transition from, conflict or civil strife, the President may, in accordance ‘‘(G) Taking steps to ensure that training conduct reconstruction and stabilization op- and education of civilian personnel to per- erations. with the provisions set forth in section 614(a)(3), notwithstanding any other provi- form such reconstruction and stabilization (3) National Security Presidential Direc- activities is adequate and is carried out, as tive 44 assigns to the Secretary, with the Co- sion of law, and on such terms and condi- tions as the President may determine, fur- appropriate, with other agencies involved ordinator’s assistance, the lead role to de- with stabilization operations. velop reconstruction and stabilization strat- nish assistance to respond to the crisis using funds referred to in paragraph (2). ‘‘(H) Taking steps to ensure that plans egies, ensure civilian interagency program for United States reconstruction and sta- ‘‘(2) FUNDS.—The funds referred to in this and policy coordination, coordinate inter- bilization operations are coordinated with paragraph are funds as follows: agency processes to identify countries at and complementary to reconstruction and ‘‘(A) Funds made available under this risk of instability, provide decision-makers stabilization activities of other governments section. with detailed options for an integrated and international and nongovernmental or- ‘‘(B) Funds made available under other United States Government response in con- ganizations, to improve effectiveness and provisions of this Act and transferred or re- nection with reconstruction and stabiliza- avoid duplication. programmed for purposes of this section. tion operations, and carry out a wide range ‘‘(I) Maintaining the capacity to field on ‘‘(b) SPECIAL AUTHORITIES.—In further- of other actions, including the development short notice an evaluation team consisting ance of a determination made under sub- of a civilian surge capacity to meet recon- of personnel from all relevant agencies to section (a), the President may exercise the struction and stabilization emergencies. The undertake on-site needs assessment. Secretary and the Coordinator are also authorities contained in sections 552(c)(2) ‘‘(b) RESPONSE READINESS CORPS.— charged with coordinating with the Depart- and 610 without regard to the percentage and ‘‘(1) RESPONSE READINESS CORPS.—The ment of Defense on reconstruction and sta- aggregate dollar limitations contained in Secretary, in consultation with the Adminis- bilization responses, and integrating plan- such sections.’’. trator of the United States Agency for Inter- ning and implementing procedures. SEC. 1245. RECONSTRUCTION AND STABILIZA- national Development and the heads of other (4) The Department of Defense issued Di- TION. appropriate agencies of the United States rective 3000.05, which establishes that sta- Title I of the State Department Basic Government, may establish and maintain a bility operations are a core United States Authorities Act of 1956 (22 U.S.C. 2651a et Response Readiness Corps (referred to in this military mission that the Department of De- seq.) is amended by adding at the end the fol- section as the ‘Corps’) to provide assistance fense must be prepared to conduct and sup- lowing new section: in support of reconstruction and stabiliza- port, provides guidance on stability oper- ‘‘SEC. 62. RECONSTRUCTION AND STABILIZATION. tion operations in countries or regions that ations that will evolve over time, and as- ‘‘(a) OFFICE OF THE COORDINATOR FOR RE- are at risk of, in, or are in transition from, signs responsibilities within the Department CONSTRUCTION AND STABILIZATION.— conflict or civil strife. The Corps shall be of Defense for planning, training, and pre- ‘‘(1) ESTABLISHMENT.—There is estab- composed of active and standby components paring to conduct and support stability oper- lished within the Department of State the consisting of United States Government per- ations. Office of the Coordinator for Reconstruction sonnel, including employees of the Depart- (5) The President’s Fiscal Year 2009 and Stabilization. ment of State, the United States Agency for Budget Request to Congress includes, as part ‘‘(2) COORDINATOR FOR RECONSTRUCTION International Development, and other agen- of the request for the Department of State AND STABILIZATION.—The head of the Office cies who are recruited and trained (and em- and Other International Programs, shall be the Coordinator for Reconstruction ployed in the case of the active component) $248,600,000 for a Civilian Stabilization Initia- and Stabilization, who shall be appointed by to provide such assistance when deployed to tive that would vastly improve civilian part- the President, by and with the advice and do so by the Secretary to support the pur- nership with the Armed Forces in post-con- consent of the Senate. The Coordinator shall poses of this Act. flict stabilization situations, including by report directly to the Secretary. ‘‘(2) CIVILIAN RESERVE CORPS.—The Sec- establishing an Active Response Corps of 250 ‘‘(3) FUNCTIONS.—The functions of the Of- retary, in consultation with the Adminis- persons, a Standby Response Corps of 2000 fice of the Coordinator for Reconstruction trator of the United States Agency for Inter- persons, and a Civilian Response Corps of and Stabilization shall include the following: national Development, may establish a Civil- 2000 persons. ‘‘(A) Monitoring, in coordination with ian Reserve Corps for which purpose the Sec- SEC. 1243. DEFINITIONS. relevant bureaus and offices of the Depart- retary is authorized to employ and train in- In this subtitle: ment of State and the United States Agency dividuals who have the skills necessary for (1) ADMINISTRATOR.—The term ‘‘Adminis- for International Development (USAID), po- carrying out reconstruction and stabiliza- trator’’ means the Administrator of the litical and economic instability worldwide to tion activities, and who have volunteered for United States Agency for International De- anticipate the need for mobilizing United that purpose. The Secretary may deploy velopment. States and international assistance for the members of the Civilian Reserve Corps pur- (2) AGENCY.—The term ‘‘agency’’ means reconstruction and stabilization of a country suant to a determination by the President any entity included in chapter 1 of title 5, or region that is at risk of, in, or is in transi- under section 618 of the Foreign Assistance United States Code. tion from, conflict or civil strife. Act of 1961. (3) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(B) Assessing the various types of re- ‘‘(3) MITIGATION OF DOMESTIC IMPACT.— TEES.—The term ‘‘appropriate congressional construction and stabilization crises that The establishment and deployment of any committees’’ means the Committee on For- could occur and cataloging and monitoring Civilian Reserve Corps shall be undertaken eign Affairs of the House of Representatives the non-military resources and capabilities in a manner that will avoid substantively

VerDate Aug 31 2005 02:51 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.034 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8284 CONGRESSIONAL RECORD — SENATE September 10, 2008 impairing the capacity and readiness of any serve Corps, pursuant to section 62 of the purposes of the pilot program in consulta- State and local governments from which Ci- State Department Basic Authorities Act of tion with the Regional Director of such Vet- vilian Reserve Corps personnel may be 1956 (as added by section 1245 of this Act). erans Integrated Services Network. In desig- drawn. (2) The structure, operations, and cost of nating such areas, the Secretary shall take ‘‘(c) EXISTING TRAINING AND EDUCATION the Response Readiness Corps and the Civil- into account— PROGRAMS.—The Secretary shall ensure that ian Reserve Corps, if established. (A) the number of veterans residing in or personnel of the Department, and, in coordi- (3) How the Response Readiness Corps near an area; nation with the Administrator of USAID, and the Civilian Reserve Corps coordinate, (B) the proximity of the nearest Depart- that personnel of USAID, make use of the interact, and work with other United States ment of Veterans Affairs medical facility; relevant existing training and education pro- foreign assistance programs. and grams offered within the Government, such (4) An assessment of the impact that de- (C) the difficulty of access of such veterans as those at the Center for Stabilization and ployment of the Civilian Reserve Corps, if to the nearest Department of Veterans Af- Reconstruction Studies at the Naval Post- any, has had on the capacity and readiness of fairs medical facility, whether by reason of graduate School and the Interagency Train- any domestic agencies or State and local travel or other factors. ing, Education, and After Action Review governments from which Civilian Reserve (d) CARE AND SERVICES PROVIDED.—The Program at the National Defense Univer- Corps personnel are drawn. care and services provided under the pilot sity.’’. (5) The reconstruction and stabilization program may include, but not be limited to, SEC. 1246. AUTHORITIES RELATED TO PER- strategy required by section 1247 and any an- care and services as follows: SONNEL. nual updates to that strategy. (1) Counseling and education for veterans (a) EXTENSION OF CERTAIN FOREIGN SERV- (6) Recommendations to improve imple- on accessing such health care, educational, ICE BENEFITS.—The Secretary, or the head of mentation of subsection (b) of section 62 of pension, or other benefits for which veterans any agency with respect to personnel of that the State Department Basic Authorities Act may be eligible under the laws administered agency, may extend to any individuals as- of 1956, including measures to enhance the by the Secretary of Veterans Affairs. signed, detailed, or deployed to carry out re- recruitment and retention of an effective Ci- (2) Assistance for veterans in completing construction and stabilization activities pur- vilian Reserve Corps. paperwork necessary for enrollment in the suant to section 62 of the State Department (7) A description of anticipated costs as- healthcare system of the Department of Vet- Basic Authorities Act of 1956 (as added by sociated with the development, annual erans Affairs. section 1245 of this Act), the benefits or sustainment, and deployment of the Civilian (3) The prescription for and delivery to vet- privileges set forth in sections 413, 704, and Reserve Corps. erans of medications for which veterans are 901 of the Foreign Service Act of 1980 (22 entitled under such laws, including, in par- U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C. 4081) SA 5341. Ms. KLOBUCHAR submitted ticular, medications for veterans suffering to the same extent and manner that such an amendment intended to be proposed from acute or chronic injuries or illnesses. benefits and privileges are extended to mem- by her to the bill S. 3001, to authorize (4) Mental health screenings for veterans bers of the Foreign Service. appropriations for fiscal year 2009 for to identify potential mental health disorders (b) AUTHORITY REGARDING DETAILS.—The military activities of the Department such as post-traumatic stress disorder Secretary is authorized to accept details or of Defense, for military construction, (PTSD) or a substance abuse, including, in assignments of any personnel, and any em- particular, for veterans recently discharged ployee of a State or local government, on a and for defense activities of the De- or released after service overseas in Oper- reimbursable or nonreimbursable basis for partment of Energy, to prescribe mili- ation Iraqi Freedom or Operation Enduring the purpose of carrying out this subtitle, and tary personnel strengths for such fiscal Freedom. the head of any agency is authorized to de- year, and for other purposes; which was (5) Job placement assistance and informa- tail or assign personnel of such agency on a ordered to lie on the table; as follows: tion on employment or training opportuni- reimbursable or nonreimbursable basis to At the end of subtitle G of title X, add the ties for veterans. the Department of State for purposes of sec- following: (6) Substance abuse counseling for vet- tion 62 of the State Department Basic Au- erans. thorities Act of 1956, as added by section 1245 SEC. 1083. PILOT PROGRAM ON PROVISION OF MOBILE CARE AND SERVICES TO (7) Bereavement counseling for families of of this Act. VETERANS LIVING IN RURAL AREAS. members of the Armed Forces who were SEC. 1247. RECONSTRUCTION AND STABILIZA- (a) PILOT PROGRAM REQUIRED.—The Sec- killed in military service. TION STRATEGY. retary of Veterans Affairs shall carry out a (8) Such other care, services, and assist- (a) IN GENERAL.—The Secretary of State, program to assess the feasibility and advis- ance as the Secretary considers appropriate in consultation with the Administrator of ability of providing care and services de- for purposes of the pilot program. the United States Agency for International scribed in subsection (d) to veterans residing (e) MOBILE CENTERS.— Development, shall develop an interagency in rural areas through the mobile centers de- (1) IN GENERAL.—Care and services under strategy to respond to reconstruction and scribed in subsection (e). the pilot program shall be provided through stabilization operations. (b) GENERAL ADMINISTRATION.— mobile centers established for purposes of (b) CONTENTS.—The strategy required (1) PRINCIPAL RESPONSIBILITY.—The Sec- the pilot program that meets the require- under subsection (a) shall include the fol- retary shall carry out the pilot program ments of this subsection. lowing: through the Director of the Office of Rural (2) MOBILE CENTERS.—In carrying out the (1) Identification of and efforts to im- Health of the Department of Veterans Af- pilot program, the Secretary shall determine prove the skills sets needed to respond to fairs. the most effective manner in which to oper- and support reconstruction and stabilization (2) CONSULTATION.—The pilot program shall ate the mobile centers. operations in countries or regions that are at be developed and carried out in consultation (3) PERSONNEL AND MATERIALS.—In pro- risk of, in, or are in transition from, conflict with the following: viding care and services under the pilot pro- or civil strife. (A) The Regional Director of Veterans In- gram, the mobile centers shall transport (2) Identification of specific agencies tegrated Services Network (VISN) 23, in such personnel, equipment, forms, informa- that can adequately satisfy the skills sets re- which mobile Department of Veterans Af- tion, and other materiel as are necessary for ferred to in paragraph (1). fairs clinics are currently in operation. the provision of care and services under the (3) Efforts to increase training of Federal (B) The Director of the Office of Rural pilot program. civilian personnel to carry out reconstruc- Health Policy of the Department of Health (f) COORDINATION REQUIREMENTS.— tion and stabilization activities. and Human Services. (1) IDENTIFICATION OF VETERANS NOT EN- (4) Efforts to develop a database of prov- (C) The agencies or offices for rural health ROLLED IN VA HEALTH CARE SYSTEM.—In car- en and best practices based on previous re- in the States selected for participation in rying out the pilot program, the Secretary of construction and stabilization operations. the pilot program. Veterans Affairs and the Secretary of De- (5) A plan to coordinate the activities of (D) The country or local agencies or offices fense shall jointly undertake action to iden- agencies involved in reconstruction and sta- for rural health in the areas designated for tify veterans residing in areas designated for bilization operations. the pilot program. the pilot program who are not enrolled in, or SEC. 1248. ANNUAL REPORTS TO CONGRESS. (c) LOCATIONS.— otherwise being cared for by, the health care Not later than 180 days after the date of (1) IN GENERAL.—The pilot program shall be system of the Department of Veterans Af- the enactment of this Act and annually for carried out in not less than three Veterans fairs. each of the five years thereafter, the Sec- Integrated Services Networks selected by the (2) COORDINATION WITH COUNTY AND LOCAL retary of State shall submit to the appro- Secretary for the purposes of the pilot pro- VETERANS SERVICE OFFICES.—In carrying out priate congressional committees a report on gram. the pilot program, the Secretary of Veterans the implementation of this subtitle. The re- (2) RURAL AREAS WITHIN VISNS.—The pilot Affairs shall coordinate with county and port shall include detailed information on program shall be carried out in one or more local veterans service officers in areas des- the following: rural areas in each Veterans Integrated ignated for the pilot program. (1) Any steps taken to establish a Re- Services Network selected under paragraph (3) UTILIZATION OF COMMUNITY-BASED OUT- sponse Readiness Corps and a Civilian Re- (1) that are designated by the Secretary for PATIENT CLINICS.—The program shall, to the

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extent practicable, utilize appropriate per- (b) MENTAL HEALTH CARE UNDER the law (including tax, labor and employ- sonnel and resources of community-based TRICARE.— ment, environmental, antitrust, and con- outpatient clinics of the Department of Vet- (1) IN GENERAL.—Under such regulations as sumer protection laws). erans Affairs in areas designated for the the Secretary of Defense shall prescribe, re- ‘‘(b) INFORMATION TO BE CONSIDERED.—In pilot program, including the inclusion of imbursement shall be provided under the making a determination as to whether a pro- such personnel in visits of the mobile centers TRICARE program under chapter 55 of title spective contractor has a satisfactory record under subsection (e). 10, United States Code, for mental health of integrity and business ethics, a con- (g) TERMINATION.—The authority to carry care that is provided to a family member of tracting officer— out a pilot program under this section shall a covered member of the National Guard or ‘‘(1) shall consider all relevant credible in- terminate on the date that is three years Reserve during the period of deployment of formation, but shall give the greatest weight after the date of the enactment of this sec- such covered member of the National Guard to violations of law that have been adju- tion. or Reserve as described in paragraph (2). dicated within the last 5 years preceding the (h) REPORTS.—Not later than one year (2) COVERED MEMBERS OF THE NATIONAL offer; after the commencement of the pilot pro- GUARD OR RESERVE.—For purposes of this ‘‘(2) shall give consideration to any admin- gram, and every 180 days thereafter, the Sec- subsection, a covered member of the Na- istrative agreements entered into with the retary of Veterans Affairs shall submit to tional Guard or Reserve is any member of prospective contractor if the prospective the Committees on Veterans’ Affairs of the the National Guard or Reserve on active contractor has taken corrective action after Senate and the House of Representatives a duty for more than 30 days for a deployment disclosing a violation of law, and may con- report on the pilot program. Each report in connection with Operation Iraqi Freedom, sider such a contractor to be a responsible shall include the following: Operation Enduring Freedom, or other oper- contractor if the contractor has corrected (1) A description and assessment of the ation that requires deployment overseas the conditions that led to the misconduct; pilot program. who, while so on active duty, is covered by ‘‘(3) shall consider failure to comply with (2) An assessment, current as of the date of the TRICARE program on a for self and fam- the terms of an administrative agreement as such report, of the effectiveness of the pilot ily basis. evidence of a lack of integrity and business program in providing care and services to (3) EFFECTIVE DATE.—This subsection shall ethics under this section; veterans residing in rural areas, including a take effect on January 1, 2009. ‘‘(4) shall consider in descending order of comparative assessment of effectiveness for (c) REPORTS.— importance— each of the various areas designated for the (1) IN GENERAL.—Not later than 180 days ‘‘(A) convictions of and civil judgments pilot program. after the date of the enactment of this Act, rendered against the prospective contractor (3) An assessment, current as of the date of and every 180 days thereafter, the Secretary for— such report, of the effectiveness of the co- of Defense shall submit to the Committees ‘‘(i) commission of fraud or a criminal of- ordination described in subsection (f) in con- on Armed Services of the Senate and the fense in connection with obtaining, attempt- tributing toward the effectiveness of the House of Representatives a report on this ing to obtain, or performing a public Fed- pilot program. section. eral, State, or local contract or subcontract; (4) Such recommendations as the Secretary (2) ELEMENTS.—Each report shall include ‘‘(ii) violation of Federal or State antitrust considers appropriate for modifications of the following: law relating to the submission of offers; or the pilot program in order to better provide (A) A current assessment of the extent to ‘‘(iii) commission of embezzlement, theft, care and services to veterans residing in which family members of members of the forgery, bribery, falsification, or destruction rural areas. National Guard and Reserve who are de- of records, making false statement, tax eva- ployed have access to, and are utilizing, sion, or receiving stolen property; and SA 5342. Ms. KLOBUCHAR submitted mental health care available under this sec- ‘‘(B) relative to tax, labor and employ- an amendment intended to be proposed tion. ment, environmental, antitrust, or consumer by her to the bill S. 3001, to authorize (B) A current assessment of the quality of protection laws— appropriations for fiscal year 2009 for mental health care being provided to family ‘‘(i) Federal or State felony convictions; members of members of the National Guard military activities of the Department ‘‘(ii) adverse Federal court judgments in and Reserve who are deployed at State-ac- civil cases brought by the United States; of Defense, for military construction, credited treatment centers. ‘‘(iii) adverse decisions by a Federal ad- and for defense activities of the De- (C) Such recommendations for legislative ministrative law judge, board, or commis- partment of Energy, to prescribe mili- or administration action as the Secretary sion indicating violations of law; tary personnel strengths for such fiscal considers appropriate in order to further as- ‘‘(iv) Federal or State felony indictments; year, and for other purposes; which was sure full access to mental health care by and ordered to lie on the table; as follows: family members of members of the National ‘‘(v) any other civil judgment rendered Guard and Reserve who are deployed during against the prospective contractor; and At the end of subtitle B of title VII, add the mobilization, deployment, and demobili- ‘‘(5) may consider other relevant informa- the following: zation of such members of the National tion, such as civil or administrative com- SEC. 714. FULL ACCESS TO MENTAL HEALTH Guard and Reserve. plaints or similar actions filed by or on be- CARE FOR MEMBERS OF THE NA- half of a Federal agency, board, or commis- TIONAL GUARD AND RESERVE WHO Mrs. CLINTON submitted an ARE DEPLOYED OVERSEAS. SA 5343. sion, if such action reflects an adjudicated (a) INITIATIVE TO INCREASE ACCESS TO MEN- amendment intended to be proposed by determination by the agency. ‘‘(c) REPEATED VIOLATIONS OF LAW.—A sin- TAL HEALTH CARE.— her to the bill S. 3001, to authorize ap- gle violation of law normally should not give (1) IN GENERAL.—The Secretary of Defense propriations for fiscal year 2009 for shall undertake an initiative intended to in- military activities of the Department rise to a determination that the prospective crease access to mental health care for fam- of Defense, for military construction, contractor has an unsatisfactory record of integrity and business ethics, but evidence of ily members of members of the National and for defense activities of the De- Guard and Reserve deployed overseas during repeated, pervasive, or significant violations partment of Energy, to prescribe mili- of the law may indicate an unsatisfactory the periods of mobilization, deployment, and tary personnel strengths for such fiscal demobilization of such members of the Na- record of integrity and business ethics.’’. tional Guard and Reserve. year, and for other purposes; which was (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is (2) ELEMENTS.—The initiative shall include ordered to lie on the table; as follows: the following: At the end of subtitle D of title VIII, add amended by inserting after the item relating (A) Programs and activities to educate the the following: to section 2305a the following new item: family members of members of the National SEC. 834. INTEGRITY AND BUSINESS ETHICS RE- ‘‘2305b. Satisfactory record of integrity and Guard and Reserve who are deployed over- QUIREMENTS FOR FEDERAL CON- business ethics.’’. seas on potential mental health challenges TRACTORS. (b) CIVILIAN CONTRACTORS.—Title III of the connected with such deployment. (a) DEFENSE CONTRACTORS.— Federal Property and Administrative Serv- (B) Programs and activities to provide (1) IN GENERAL.—Chapter 137 of title 10, ices Act of 1949 (41 U.S.C. 251 et seq.) is such family members with complete infor- United States Code, is amended by inserting amended by inserting after section 303M the mation on all mental health resources avail- after section 2305a the following new section: following new section: able to such family members through the De- ‘‘§ 2305b. Satisfactory record of integrity and ‘‘SEC. 303N. SATISFACTORY RECORD OF INTEG- partment of Defense and otherwise. business ethics RITY AND BUSINESS ETHICS. (C) Requirements for mental health coun- ‘‘(a) IN GENERAL.—No prospective con- ‘‘(a) IN GENERAL.—No prospective con- selors at military installations in commu- tractor may be awarded a contract with an tractor may be awarded a contract with an nities with large numbers of mobilized mem- agency under this title unless the con- executive agency unless the contracting offi- bers of the National Guard and Reserve to tracting officer for the contract determines cer for the contract determines that such expand the reach of their counseling activi- that such prospective contractor has a satis- prospective contractor has a satisfactory ties to include families of such members in factory record of integrity and business eth- record of integrity and business ethics, in- such communities. ics, including satisfactory compliance with cluding satisfactory compliance with the law

VerDate Aug 31 2005 03:36 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.037 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8286 CONGRESSIONAL RECORD — SENATE September 10, 2008 (including tax, labor and employment, envi- should not award any Federal contracts, States is a member as uncooperative with ronmental, antitrust, and consumer protec- grants, or loans to any offshore secrecy ju- international tax enforcement or informa- tion laws). risdiction company. tion exchange and the United States concurs ‘‘(b) INFORMATION TO BE CONSIDERED.—In (b) DEFINITIONS AND SPECIAL RULES.—For in such identification. making a determination as to whether a pro- purposes of this section— (C) DOMESTICALLY CONTROLLED GROUP OF spective contractor has a satisfactory record (1) CONTRACT.— ENTITIES.— of integrity and business ethics, a con- (A) IN GENERAL.—The term ‘‘contract’’ (i) IN GENERAL.—The term ‘‘domestically tracting officer— means a binding agreement entered into by controlled group of entities’’ means a con- ‘‘(1) shall consider all relevant credible in- an Executive agency for the purpose of ob- trolled group of entities the common parent formation, but shall give the greatest weight taining property or services, but does not in- of which is a domestic corporation. to violations of law that have been adju- clude— (ii) CONTROLLED GROUP OF ENTITIES.—The dicated within the last 5 years preceding the (i) a contract designated by the head of the term ‘‘controlled group of entities’’ means a offer; agency as assisting the agency in the per- controlled group of corporations as defined ‘‘(2) shall give consideration to any admin- formance of disaster relief authorities; or in section 1563(a)(1) of the Internal Revenue istrative agreements entered into with the (ii) a contract designated by the head of Code of 1986, except that— prospective contractor if the prospective the agency as necessary to the national secu- (I) ‘‘more than 50 percent’’ shall be sub- contractor has taken corrective action after rity of the United States. stituted for ‘‘at least 80 percent’’ each place disclosing a violation of law, and may con- (B) EXECUTIVE AGENCY.—The term ‘‘execu- it appears therein, and sider such a contractor to be a responsible tive agency’’ has the meaning given such (II) the determination shall be made with- contractor if the contractor has corrected term in section 4 of the Office of Federal out regard to subsections (a)(4) and (b)(2) of the conditions that led to the misconduct; Procurement Policy Act (41 U.S.C. 403). section 1563 of such Code. ‘‘(3) shall consider failure to comply with (2) OFFSHORE SECRECY JURISDICTION COM- A partnership or any other entity (other the terms of an administrative agreement as PANY.— than a corporation) shall be treated as a evidence of a lack of integrity and business (A) IN GENERAL.—The term ‘‘offshore se- member of a controlled group of entities if ethics under this section; crecy jurisdiction company’’ means any per- such entity is controlled (within the mean- ‘‘(4) shall consider in descending order of son which the Commissioner of Internal Rev- ing of section 954(d)(3) of such Code) by mem- importance— enue determines that for the purpose of bers of such group (including any entity ‘‘(A) convictions of and civil judgments avoiding Federal tax obligations— treated as a member of such group by reason rendered against the prospective contractor (i) is organized in an offshore secrecy juris- of this sentence). for— diction; or (D) PERSON.—The term ‘‘person’’ means— ‘‘(i) commission of fraud or a criminal of- (ii) is a member of a domestically con- (i) a corporation; or fense in connection with obtaining, attempt- trolled group of entities any member of (ii) a partnership or any other entity ing to obtain, or performing a public Fed- which is organized in an offshore secrecy ju- (other than a corporation). eral, State, or local contract or subcontract; risdiction. (E) SECRETARY.—The term ‘‘Secretary’’ ‘‘(ii) violation of Federal or State antitrust (B) OFFSHORE SECRECY JURISDICTION.— means the Secretary of the Treasury or the law relating to the submission of offers; or (i) IN GENERAL.—The term ‘‘offshore se- Secretary’s delegate. ‘‘(iii) commission of embezzlement, theft, crecy jurisdiction’’ means any foreign juris- forgery, bribery, falsification, or destruction diction which is listed by the Secretary as an SA 5345. Mrs. CLINTON submitted an of records, making false statement, tax eva- offshore secrecy jurisdiction for purposes of amendment intended to be proposed by sion, or receiving stolen property; and this section. her to the bill S. 3001, to authorize ap- ‘‘(B) relative to tax, labor and employ- (ii) DETERMINATION OF JURISDICTIONS ON propriations for fiscal year 2009 for ment, environmental, antitrust, or consumer LIST.—A jurisdiction shall be listed under military activities of the Department protection laws— clause (i) if the Secretary determines that such jurisdiction has corporate, business, of Defense, for military construction, ‘‘(i) Federal or State felony convictions; and for defense activities of the De- ‘‘(ii) adverse Federal court judgments in bank, or tax secrecy rules and practices which, in the judgment of the Secretary, un- partment of Energy, to prescribe mili- civil cases brought by the United States; reasonably restrict the ability of the United tary personnel strengths for such fiscal ‘‘(iii) adverse decisions by a Federal ad- States to obtain information relevant to the ministrative law judge, board, or commis- year, and for other purposes; which was enforcement of the Internal Revenue Code of sion indicating violations of law; and ordered to lie on the table; as follows: 1986, unless the Secretary also determines ‘‘(iv) Federal or State felony indictments; At the end of subtitle D of title VIII, add that such country has effective information and the following: exchange practices. ‘‘(5) may consider other relevant informa- SEC. 834. AWARD FEES. (iii) SECRECY OR CONFIDENTIALITY RULES tion, such as civil or administrative com- (a) LINKAGE OF AWARD FEES TO SUCCESSFUL AND PRACTICES.—For purposes of clause (ii), plaints or similar actions filed by or on be- ACQUISITION OUTCOMES.—Every contract en- corporate, business, bank, or tax secrecy or half of an executive agency, board, or com- tered into by an executive agency that pro- confidentiality rules and practices include mission, if such action reflects an adju- vides for award fees shall link such fees to both formal laws and regulations and infor- dicated determination by the agency. successful acquisition outcomes (which out- mal government or business practices having ‘‘(c) REPEATED VIOLATIONS OF LAW.—A sin- comes shall be specified in terms of cost, gle violation of law normally should not give the effect of inhibiting access of law enforce- schedule, and performance). rise to a determination that the prospective ment and tax administration authorities to (b) PROHIBITION ON AWARD OF UNWAR- contractor has an unsatisfactory record of beneficial ownership and other financial in- RANTED AWARD FEES.—The head of an execu- integrity and business ethics, but evidence of formation. tive agency may not— repeated, pervasive, or significant violations (iv) INEFFECTIVE INFORMATION EXCHANGE (1) award a bonus or other incentive pay- of the law may indicate an unsatisfactory PRACTICES.—For purposes of clause (ii), a ju- ment to a contractor for work the contractor record of integrity and business ethics.’’. risdiction shall be deemed to have ineffective did not perform or with respect to which the (c) EFFECTIVE DATE.—The amendments information exchange practices unless the contractor received a poor performance rat- made by this section shall apply with respect Secretary determines, on an annual basis, ing; or to contracts for which solicitations are that— (2) provide to a contractor award fees un- issued after the date of the enactment of this (I) such jurisdiction has in effect a treaty less the contractor, to the extent reasonably Act. or other information exchange agreement within the control of the contractor, with the United States that provides for the achieved the successful acquisition outcome SA 5344. Mrs. CLINTON submitted an prompt, obligatory, and automatic exchange to which such fees were linked under the amendment intended to be proposed by of such information as is forseeably relevant contract. her to the bill S. 3001, to authorize ap- for carrying out the provisions of the treaty propriations for fiscal year 2009 for or agreement or the administration or en- SA 5346. Mr. FEINGOLD (for himself, Mr. WHITEHOUSE, and Mr. LEAHY) sub- military activities of the Department forcement of such Code, (II) during the 12-month period preceding mitted an amendment intended to be of Defense, for military construction, the annual determination, the exchange of proposed by him to the bill S. 3001, to and for defense activities of the De- information between the United States and authorize appropriations for fiscal year partment of Energy, to prescribe mili- such jurisdiction was in practice adequate to 2009 for military activities of the De- tary personnel strengths for such fiscal prevent evasion or avoidance of United partment of Defense, for military con- year, and for other purposes; which was States income tax by United States persons struction, and for defense activities of ordered to lie on the table; as follows: and to enable the United States effectively At the end of subtitle G of title X, add the to enforce such Code, and the Department of Energy, to prescribe following: (III) during the 12-month period preceding military personnel strengths for such SEC. 1083. SENSE OF THE SENATE. the annual determination, such jurisdiction fiscal year, and for other purposes; (a) IN GENERAL.—It is the sense of the Sen- was not identified by an intergovernmental which was ordered to lie on the table; ate that the United States Government group or organization of which the United as follows:

VerDate Aug 31 2005 02:51 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.041 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8287 At the end of title XVI, add the following: vided that such training does not involve (F) A description of any combat experience SEC. 1617. MORATORIUM ON THE DEPLOYMENT members of the United States Armed Forces of the member, including the location of OF THE UNITED STATES ARMED taking part in combat operations or being such experience, the intensity and duration FORCES TO IRAQ. embedded with Iraqi forces. of such experience, and the time between the (a) MORATORIUM.—Effective as of the date (4) To provide training, equipment, or last such experience and the attempt. of the enactment of this Act, no member or other materiel to members of the United (G) The highest level of education achieved unit of the Armed Forces may be deployed to States Armed Forces to ensure, maintain, or by the member. Iraq before March 31, 2009. improve their safety and security. (H) Any mental health condition, including (b) LIMITATION AND REQUIREMENT.—The Post-Traumatic Stress Disorder (PTSD), Secretary of Defense shall— SA 5348. Mrs. BOXER submitted an Traumatic Brain Injury (TBI), or substance (1) not extend the deployment to Iraq of amendment intended to be proposed by use disorder, diagnosed or otherwise detected any unit or member of the Armed Forces her to the bill S. 3001, to authorize ap- in the member. that is deployed to Iraq as of the date of the propriations for fiscal year 2009 for (I) A description of any previous psycho- enactment of this Act; and military activities of the Department logical care or treatment received by the (2) take all necessary and appropriate of Defense, for military construction, member for a condition under subparagraph measures to protect United States personnel and for defense activities of the De- (H) or another mental health condition. in Iraq. (J) A description of any family history of (c) EXCEPTION.—A member of the Armed partment of Energy, to prescribe mili- the member of mental illness, suicide, or Forces may be deployed to Iraq for the pur- tary personnel strengths for such fiscal both. pose of providing services to United States year, and for other purposes; which was (K) A description of any physical or sexual personnel in Iraq without regard to the mor- ordered to lie on the table; as follows: abuse suffered by the member. atorium in subsection (a) or the limitation At the end of subtitle E of title V, add the (L) A description of any recent marital or in subsection (b)(1) if the Secretary of De- following: other relationship difficulties of the mem- fense certifies to Congress that the mem- SEC. 546. PAYMENTS FOR ELIGIBLE FEDERALLY ber. ber— CONNECTED CHILDREN. (M) A description of any recent discipli- (1) has an essential, specialized, noncombat Section 8003(a)(2)(C)(i) of the Elementary nary actions taken against the member. skill (such as a medical, linguistic, or explo- and Secondary Education Act of 1965 (20 (N) A description of any recent legal dif- sive ordnance removal skill); and U.S.C. 7703(a)(2)(C)(i)) is amended by striking ficulties of the member. (2) will replace in Iraq a member with such ‘‘6,500’’ and inserting ‘‘5,000’’. (O) A description of any recent financial or skill who is returning from Iraq. employment difficulties of the member. SA 5349. Mrs. BOXER submitted an (P) A description of any prior communica- SA 5347. Mr. FEINGOLD (for himself, amendment intended to be proposed by tions of suicidal intent by the member. Mr. WHITEHOUSE, Mr. MENENDEZ, Mr. her to the bill S. 3001, to authorize ap- (3) Such other information as the Sec- LEAHY, and Mr. WYDEN) submitted an propriations for fiscal year 2009 for retary considers appropriate for purposes of amendment intended to be proposed by military activities of the Department the database. him to the bill S. 3001, to authorize ap- of Defense, for military construction, (d) SEPARATE INFORMATION ON EACH AT- propriations for fiscal year 2009 for and for defense activities of the De- TEMPT.—Each attempted suicide of a member military activities of the Department of the Armed Forces (whether or not com- partment of Energy, to prescribe mili- pleted) shall be treated as a separate at- of Defense, for military construction, tary personnel strengths for such fiscal tempt at suicide for purposes of subsection and for defense activities of the De- year, and for other purposes; which was (c)(2). partment of Energy, to prescribe mili- ordered to lie on the table; as follows: (e) UPDATES.—The database required by tary personnel strengths for such fiscal At the end of subtitle G of title V, add the subsection (a) shall be updated on a con- year, and for other purposes; which was following: tinuing basis. ordered to lie on the table; as follows: SEC. 587. ELECTRONIC DATABASE OF INFORMA- (f) REPORTS.— At the end of subtitle D of title X, add the TION ON THE INCIDENCE OF SUI- (1) REPORTS TO CONGRESS.—Not later than CIDE AMONG MEMBERS OF THE following: 90 days after the establishment of the data- ARMED FORCES. base required by subsection (a), and every 180 SEC. 1041. SAFE REDEPLOYMENT OF UNITED (a) DATABASE REQUIRED.—Not later than 90 days thereafter, the Secretary shall submit STATES TROOPS FROM IRAQ. days after the date of the enactment of this to the Committee on Armed Services of the (a) TRANSITION OF MISSION.—The President Act, the Secretary of Defense shall, acting Senate and the Committee on Armed Serv- shall promptly transition the mission of the through the Assistant Secretary of Defense United States Armed Forces in Iraq to the ices of the House of Representatives a report for Health Affairs and in coordination with setting forth the following: limited and temporary purposes set forth in the Secretaries of the military departments, subsection (d). (A) Aggregated data on the incidence of establish and maintain an electronic data- suicide among members of the Armed Forces (b) COMMENCEMENT OF SAFE, PHASED REDE- base on the incidence of suicide and at- on active duty. PLOYMENT FROM IRAQ.—The President shall tempted suicide among members of the (B) An assessment of recent trends in sui- commence the safe, phased redeployment of Armed Forces on active duty, including the members of the United States Armed Forces cides and attempted suicides among mem- information specified in subsection (c). bers of the Armed Forces on active duty. from Iraq who are not essential to the lim- (b) COVERAGE OF DEMOBILIZED MEMBERS OF (2) AVAILABILITY TO PUBLIC.—Each report ited and temporary purposes set forth in sub- RESERVE COMPONENTS.—To the extent prac- under paragraph (1) shall be made available section (d). Such redeployment shall begin ticable, the members of the Armed Forces to the public through the Internet website of not later than 90 days after the date of the covered by the database required under sub- the Assistant Secretary of Defense for enactment of this Act, and shall be carried section (a) shall include members of the Na- Health Affairs that is available to the public. out in a manner that protects the safety and tional Guard and Reserve who are demobi- (3) PROTECTION OF PERSONAL INFORMA- security of United States troops. lized from active duty during the 720-day pe- TION.—The information in any report under (c) USE OF FUNDS.—No funds authorized to riod beginning on the date of their demobili- be appropriated or otherwise made available zation. paragraph (1) shall not include any personal under any provision of law may be obligated (c) INFORMATION.—The information to be information or personally-identifying infor- or expended to continue the deployment in included in the database required by sub- mation on any member of the Armed Forces Iraq of members of the United States Armed section (a) shall include, to the extent prac- covered by the database. Forces after the date that is nine months ticable, the following: (g) CONSTRUCTION WITH OTHER REQUIRE- after the date of the enactment of this Act. (1) For each Armed Force— MENTS.—The requirements of this section are (d) EXCEPTION FOR LIMITED AND TEMPORARY (A) the number of members on active duty in addition to the requirements of section PURPOSES.—The prohibition under sub- who have attempted suicide; and 581. section (c) shall not apply to the obligation (B) the number of members on active duty or expenditure of funds for the following lim- who have committed suicide. SA 5350. Mrs. BOXER submitted an ited and temporary purposes: (2) For each member who commits or at- amendment intended to be proposed by (1) To conduct targeted operations, limited tempts suicide, the following: her to the bill S. 3001, to authorize ap- in duration and scope, against members of al (A) The sex of the member. propriations for fiscal year 2009 for Qaeda and affiliated international terrorist (B) The race or ethnicity of the member. military activities of the Department organizations. (C) The Armed Force of the member. of Defense, for military construction, (2) To provide security for United States (D) The grade, military occupational spe- and for defense activities of the De- Government personnel and infrastructure. cialty, duty status, and duty location of the (3) To provide training to members of the member at the time of the completion or at- partment of Energy, to prescribe mili- Iraqi Security Forces who have not been in- tempt. tary personnel strengths for such fiscal volved in sectarian violence or in attacks (E) The physical location of the member at year, and for other purposes; which was upon the United States Armed Forces, pro- the time of the completion or attempt. ordered to lie on the table; as follows:

VerDate Aug 31 2005 02:51 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.042 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8288 CONGRESSIONAL RECORD — SENATE September 10, 2008 At the end of subtitle B of title VII, add ‘‘(i) the type of security clearance, includ- ‘‘§ 139b. Director of Independent Cost Assess- the following: ing Secret, Top Secret, and Top Secret with ment SEC. 714. REDUCTION OF MINIMUM DISTANCE OF Special Access Program access including ‘‘(a) There is a Director of Independent MINIMUM DISTANCE OF TRAVEL sensitive compartmented information; Cost Assessment in the Department of De- FOR REIMBURSEMENT OF COVERED ‘‘(ii) the period of time required for the in- fense, appointed by the President, by and BENEFICIARIES FOR TRAVEL FOR vestigation of an individual seeking the se- with the advice and consent of the Senate. SPECIALTY HEALTH CARE. curity clearance and for the adjudication of (a) REDUCTION.—Section 1074i(a) of title 10, The Director shall be appointed without re- the request; and United States Code, is amended by striking gard to political affiliation and solely on the ‘‘(iii) the proposed recipients of security ‘‘100 miles’’ and inserting ‘‘50 miles’’. basis of fitness to perform the duties of the clearances, including civilian employees of (b) EFFECTIVE DATE.—The amendment Director. The Director may be removed from made by subsection (a) shall take effect on the United States, members of the Armed office by the President. The President shall October 1, 2008, and shall apply with respect Forces, and contractors working for the Gov- communicate the reasons for any such re- to referrals for specialty health care made on ernment of the United States; moval to both Houses of Congress. or after that date. ‘‘(B) a description of the average period of ‘‘(b) The Director is the principal advisor time required by each authorized investiga- to the Secretary of Defense, the Under Sec- SA 5351. Mr. AKAKA (for himself and tive agency and each authorized adjudicative retary of Defense for Acquisition, Tech- Mr. VOINOVICH) submitted an amend- agency to conduct an investigation for a nology, and Logistics, and the Under Sec- ment intended to be proposed by him suitability determination from successful retary of Defense (Comptroller) on cost esti- submission of an application to ultimate dis- to the bill S. 3001, to authorize appro- mation and cost analyses for the acquisition position and notification to the subject, programs of the Department of Defense and priations for fiscal year 2009 for mili- dissagregated by— tary activities of the Department of the principal cost estimation official within ‘‘(i) the type of suitability determination, the senior management of the Department of Defense, for military construction, and including suitability for Federal employ- Defense. The Director shall— for defense activities of the Depart- ment, access to Federal facilities, and access ‘‘(1) prescribe, by authority of the Sec- ment of Energy, to prescribe military to Federal information systems; retary of Defense, policies and procedures for personnel strengths for such fiscal ‘‘(ii) the period of time required for the in- the conduct of cost estimation and cost anal- year, and for other purposes; which was vestigation of an individual seeking the suit- ysis for the acquisition programs of the De- ordered to lie on the table; as follows: ability determination and the adjudication partment of Defense; of the request; and ‘‘(2) provide guidance to and consult with On page 303, between lines 3 and 4, insert ‘‘(iii) the category of employment of the the following: the Secretary of Defense, the Under Sec- individual for which the suitability deter- retary of Defense for Acquisition, Tech- SEC. 1056. REPORTS ON INFORMATION TECH- mination was made, including civilian em- nology, and Logistics, the Under Secretary NOLOGY STRATEGY AND SECURITY ployees of the United States and contractors CLEARANCE REVIEW PROCESSES. of Defense (Comptroller), and the Secretaries working for the Government of the United (a) REPORT ON INFORMATION TECHNOLOGY of the military departments with respect to States;’’. STRATEGY.— cost estimation in the Department of De- fense in general and with respect to specific (1) REQUIREMENT FOR REPORT.—Not later SA 5352. Mr. LEVIN (for himself and than 120 days after the date of the enactment cost estimates and cost analyses to be con- of this Act, the Director of the Office of Man- Mr. MCCAIN) submitted an amendment ducted in connection with a major defense agement and Budget shall submit to Con- intended to be proposed by him to the acquisition program under chapter 144 of this gress a report describing the plans to provide bill S. 3001, to authorize appropriations title or a major automated information sys- security reform by carrying out the Enter- for fiscal year 2009 for military activi- tem program under chapter 144A of this title; prise Information Technology Strategy re- ties of the Department of Defense, for ‘‘(3) monitor and review all cost estimates ferred to in the Initial Report of the Joint military construction, and for defense and cost analyses conducted in connection Security and Suitability Reform Team, activities of the Department of Energy, with major defense acquisition programs and dated April 30, 2008. to prescribe military personnel major automated information system pro- (2) CONTENT.—The report required by para- strengths for such fiscal year, and for grams; ‘‘(4) conduct independent cost estimates graph (1) shall include— other purposes; which was ordered to (A) a description of any efforts of the De- and cost analyses for major defense acquisi- partment of Defense, the Office of Personnel lie on the table; as follows: tion programs and major automated infor- Management, or the Office of the Director of On page 241, beginning on line 2, strike mation system programs when necessary to National Intelligence to carry out the plans ‘‘and’’ and all that follows through the pe- ensure that such estimates and analyses are referred to in paragraph (1), including such riod at the end of line 6 and insert the fol- unbiased, fair, and reliable; and efforts carried out with other agencies or de- lowing: ‘‘(5) review and make recommendations to partments; (2) by inserting after paragraph (1) the fol- the Secretary of Defense on all budgetary (B) a description of any of the plans re- lowing new paragraph (2): and financial matters relating to cost esti- ferred to in paragraph (1) that will not be ‘‘(2) The Deputy Chief Management Officer mation and cost analysis for the acquisition carried out and a description of the reasons of the Department of Defense.’’; and programs of the Department of Defense, in- that such plans will not be carried out; (3) by striking paragraph (7), as redesig- cluding the personnel required to perform (C) the plans of each such Department or nated by paragraph (1), and inserting the fol- such estimates and analyses. Office to develop, implement, fund, and pro- lowing new paragraph: ‘‘(c)(1) The Director may communicate vide personnel to carry out the plans re- ‘‘(7) The Chief Management Officers of the views on matters within the responsibility of ferred to in paragraph (1); and military departments and the heads of such the Director directly to the Secretary of De- (D) a description of the schedule for car- Defense Agencies as may be designated by fense and the Deputy Secretary of Defense rying out the plans referred to in paragraph the Secretary of Defense.’’. without obtaining the approval or concur- (1). rence of any other official within the Depart- (b) REPORTS ON SECURITY CLEARANCE RE- SA 5353. Mr. LEVIN (for himself, Mr. ment of Defense. VIEW PROCESSES.—Paragraph (2) of section MCCAIN, and Mr. AKAKA) submitted an ‘‘(2) The Director shall consult closely 3001(h) of the Intelligence Reform and Ter- amendment intended to be proposed by with, but the Director and the Director’s rorism Prevention Act of 2004 (50 U.S.C. him to the bill S. 3001, to authorize ap- staff shall be independent of, the Under Sec- 435b(h)) is amended— propriations for fiscal year 2009 for retary of Defense for Acquisition, Tech- (1) by redesignating subparagraphs (B) and military activities of the Department nology, and Logistics, the Under Secretary (C) as subparagraphs (C) and (D), respec- of Defense, for military construction, of Defense (Comptroller), and all other offi- tively; and and for defense activities of the De- cers and entities of the Department of De- (2) by striking subparagraph (A) and in- fense responsible for acquisition and budg- serting the following: partment of Energy, to prescribe mili- eting. ‘‘(A) a description of the average period of tary personnel strengths for such fiscal ‘‘(d)(1) The Secretary of a military depart- time required by each authorized investiga- year, and for other purposes; which was ment shall report promptly to the Director tive agency and authorized adjudicative ordered to lie on the table; as follows: the results of all cost estimates and cost agency to respond to a request for a security At the end of subtitle A of title IX, add the analyses conducted by the military depart- clearance for an individual, including the av- following: ment and all studies conducted by the mili- erage period required to conduct a security SEC. 907. DIRECTOR OF INDEPENDENT COST AS- tary department in connection with cost es- clearance investigation, adjudicate such a SESSMENT. timates and cost analyses for major defense request, and make a final determination on (a) DIRECTOR OF INDEPENDENT COST ASSESS- acquisition programs of the military depart- such a request, from date of submission to MENT.— ment. ultimate disposition and notification to the (1) IN GENERAL.—Chapter 4 of title 10, ‘‘(2) The Director may make comments on subject and the subject’s employer, United States Code, is amended by inserting cost estimates and cost analyses conducted dissagregated by— after section 139a the following new section: by a military department for a major defense

VerDate Aug 31 2005 02:51 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.043 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8289 acquisition program, request changes in such rector of Independent Cost Assessment to be of Defense, for military construction, cost estimates and cost analyses to ensure reasonable’’. and for defense activities of the De- that they are fair and reliable, and develop partment of Energy, to prescribe mili- SA 5354. Mr. BURR (for himself, Mrs. or require the development of independent tary personnel strengths for such fiscal cost estimates or cost analyses for such pro- CLINTON, Mr. ALEXANDER, Mr. INHOFE, year, and for other purposes; which was gram, as the Director determines to be ap- Mr. WICKER, and Mr. ISAKSON) sub- propriate. mitted an amendment intended to be ordered to lie on the table; as follows: ‘‘(3) The Director shall have access to any At the end of subtitle D of title X, add the proposed by him to the bill S. 3001, to following: records and data in the Department of De- authorize appropriations for fiscal year fense (including the records and data of each SEC. 1041. HABEAS CORPUS REVIEW FOR CER- military department) that the Director con- 2009 for military activities of the De- TAIN ENEMY COMBATANTS. siders necessary to review in order to carry partment of Defense, for military con- (a) SHORT TITLE.—This section may be out the Director’s duties under this section. struction, and for defense activities of cited as the ‘‘Enemy Combatant Detention ‘‘(e) The Director shall prepare an annual the Department of Energy, to prescribe Review Act of 2008’’. report summarizing the cost estimation and military personnel strengths for such (b) IN GENERAL.—Chapter 153 of title 28, cost analysis activities of the Department of fiscal year, and for other purposes; United States Code, is amended by striking Defense during the previous year. Each such section 2256, as added by section 250 of the which was ordered to lie on the table; Act of November 6, 1978 (Public Law 95–598; report shall be submitted concurrently to as follows: the Secretary of Defense, the Under Sec- 92 Stat. 2672), and inserting the following: retary of Defense for Acquisition, Tech- At the end of subtitle F of title X, add the ‘‘§ 2256. Habeas corpus review for certain nology, and Logistics, the Under Secretary following: enemy combatants SEC. 1068. ACCEPTANCE BY COMMANDERS OF of Defense (Comptroller), and Congress not ‘‘(a) DEFINITIONS.—In this section— later than 10 days after the transmission of WOUNDED WARRIOR BATTALIONS OF CHARITABLE GIFTS ON BEHALF ‘‘(1) the term ‘attorney for the Govern- the budget for the next fiscal year under sec- OF WOUNDED MEMBERS OF THE ment’ means the attorney representing the tion 1105 of title 31. The Secretary may com- ARMED FORCES ASSIGNED TO SUCH United States in a habeas corpus proceeding ment on any report of the Director to Con- BATTALIONS. under this section; gress under this subsection. (a) IN GENERAL.—Section 2601(b) of title 10, ‘‘(2) the term ‘covered individual’ means an ‘‘(f) The President shall include in the United States Code, is amended— individual who— budget transmitted to Congress pursuant to (1) by redesignating paragraphs (2) and (3) ‘‘(A) has been determined by a Combatant section 1105 of title 31 for each fiscal year a as paragraphs (3) and (4), respectively; and Status Review Tribunal to be an enemy com- separate statement of estimated expendi- (2) by inserting after paragraph (1) the fol- batant (pursuant to the definition employed tures and proposed appropriations for that lowing new paragraph (2): by that tribunal) or is awaiting the deter- fiscal year for the Director of Independent ‘‘(2)(A) Under regulations prescribed by the mination of such a tribunal; Cost Assessment in carrying out the duties Secretary of Defense, the commander in ‘‘(B) is in the custody of the United States and responsibilities of the Director under grade O–5 or higher of a unit comprised ex- at Guantanamo Bay, Cuba on or after the this section. clusively of members of the armed forces de- date of the enactment of the Enemy Combat- ‘‘(g) The Secretary of Defense shall ensure scribed in paragraph (1)(B) (as determined ant Detention Review Act of 2008; and that the Director has sufficient professional without taking into account members of ‘‘(C) is not a citizen of the United States or staff of military and civilian personnel to en- such unit performing command or adminis- an alien admitted for permanent residence in able the Director to carry out the duties and trative duties with respect to such unit) may the United States; and responsibilities of the Director under this accept, hold, administer, and spend gifts, de- ‘‘(3) the term ‘enemy combatant’ means a section.’’. vises, or bequests of personal property, person who has engaged in hostilities or who (2) CLERICAL AMENDMENT.—The table of money, or services for the benefit of the has purposefully and materially supported sections at the beginning of chapter 4 of such members of the armed forces described in hostilities against the United States or its title is amended by inserting after the item paragraph (1)(B) which comprise such unit. cobelligerents on behalf of the Taliban, al relating to section 139a the following new ‘‘(B)(i) Except as provided in clause (ii), Qaeda, or associated forces. item: the amount of any gift, devise, or bequest ac- ‘‘(b) STATEMENT OF AUTHORITY.— ‘‘139b. Director of Independent Cost Assess- cepted by the commander of a unit under ‘‘(1) IN GENERAL.—Congress reaffirms that ment.’’. subparagraph (A) may not exceed $100,000. the United States is in an armed conflict ‘‘(ii) The amount a gift, devise, or bequest (b) TRANSFER OF CERTAIN PERSONNEL AND with al Qaeda, the Taliban, and associated accepted by the commander of a unit under FUNCTIONS.—The personnel and functions of forces and that those entities continue to the following entities of the Department of subparagraph (A) may exceed $100,000 under pose a threat to the United States and its Defense are hereby transferred to the Direc- such circumstances, if any, as the Secretary citizens, both domestically and abroad. of Defense may specify in the regulations tor of Independent Cost Assessment under ‘‘(2) AUTHORITY.—Congress reaffirms that section 139b of title 10, United States Code prescribed under this paragraph.’’. the President is authorized to detain enemy (b) REPORT ON UTILIZATION OF AUTHORI- (as added by subsection (a)), and shall report combatants in connection with the con- TIES.—Not later than 18 months after the directly to the Director: tinuing armed conflict with al Qaeda, the date of the enactment of this Act, the Sec- (1) The Cost Analysis Improvement Group. Taliban, and associated forces, regardless of retary of Defense shall submit to Congress a (2) The cost estimation functions of the Di- the place of capture, until the termination of report on the utilization of the authorities rector of Program Analysis and Evaluation. hostilities. provided in paragraph (2) of section 2601(b) of (c) CONFORMING AMENDMENTS.— ‘‘(3) RULE OF CONSTRUCTION.—The author- title 10, United States Code (as amended by (1) Section 2306b(i)(1)(B) of title 10, United ity under this section shall not be construed subsection (a)). The report shall include the States Code, is amended by striking ‘‘Cost to alter or limit the authority of the Presi- following: Analysis Improvement Group of the Depart- dent under the Constitution of the United (1) A description of the authorities in para- ment of Defense’’ and inserting ‘‘Director of States to detain combatants in the con- graph (2) of section 2601(b) of title 10, United Independent Cost Assessment’’. tinuing armed conflict with al Qaeda, the States Code (as so amended), including a de- (2) Section 2366a(a)(1)(C) of such title is Taliban, and associated forces, or in any scription of any limitations on such authori- amended by striking ‘‘have been developed other armed conflict. ties under the regulations required by that to execute’’ and inserting ‘‘have been ap- ‘‘(c) JURISDICTION AND VENUE.— paragraph. proved by the Director of Independent Cost ‘‘(1) IN GENERAL.—The United States Dis- (2) A description of the gifts, devises, and Assessment to provide for the execution of’’. trict Court for the District of Columbia (in bequests accepted under such authorities, (3) Section 2366b(a)(4) of such title is this section referred to as the ‘District and of the administration and use of any amended by striking ‘‘has been submitted’’ Court’) shall have exclusive jurisdiction of, gifts, devises, and bequests so accepted. and inserting ‘‘has been approved by the Di- and shall be the exclusive venue for consider- (3) An assessment of the utility of such au- rector of Independent Cost Assessment’’. ation of, all applications for habeas corpus thorities in assisting commanders of wound- (4) Section 2433(e)(2)(B)(iii) of such title is by or on behalf of any covered individual ed warrior battalions in carrying out the amended by striking ‘‘are reasonable’’ and that is pending on or filed on or after the mission of such battalions with respect to inserting ‘‘have been determined by the Di- date of the enactment of the Enemy Combat- members of the Armed Forces assigned to rector of Independent Cost Assessment to be ant Detention Review Act of 2008. such battalions. reasonable’’. ‘‘(2) SCOPE OF JURISDICTION.—An applica- (5) Subparagraph (A) of section 2434(b)(1) of SA 5355. Mr. GRAHAM (for himself tion for habeas corpus filed under paragraph such title is amended to read as follows: (1) by or on behalf of a covered individual— and Mr. LIEBERMAN) submitted an ‘‘(A) be prepared or approved by the Direc- ‘‘(A) may challenge the legality of the con- tor of Independent Cost Assessment; and’’. amendment intended to be proposed by tinued detention of the covered individual; (6) Section 2445c(f)(3) of such title is him to the bill S. 3001 to authorize ap- and amended by striking ‘‘are reasonable’’ and propriations for fiscal year 2009 for ‘‘(B) may not include any other claim re- inserting ‘‘have been determined by the Di- military activities of the Department lating to the detention, transfer, treatment,

VerDate Aug 31 2005 02:51 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.045 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8290 CONGRESSIONAL RECORD — SENATE September 10, 2008 trial, or conditions of confinement of the ticable and consistent with national secu- ance with all applicable law governing the covered individual or any other action rity; or protection of classified information; and against the United States or its agents. ‘‘(II) make the classified information avail- ‘‘(ii) may not divulge such information to ‘‘(3) CONSOLIDATED MOTIONS PRACTICE.—All able to properly cleared counsel for the cov- any person not authorized to receive it. applications for a writ of habeas corpus by or ered individual. ‘‘(5) VIDEO HEARINGS.—The District Court on behalf of a covered individual that are ‘‘(iii) NONDISCLOSURE OF CLASSIFIED INFOR- shall not require the presence of a covered pending on or after the date of the enact- MATION.—Under no circumstances shall the individual detained at Guantanamo Bay, ment of the Enemy Combatant Detention Government be required to provide a covered Cuba, or elsewhere, for the purpose of any Review Act of 2008 shall be consolidated be- individual, or any other person detained as proceeding under this section, including an fore the Chief Judge of the District Court or an enemy combatant, with access to classi- evidentiary hearing pursuant to paragraph a designee of the Chief Judge for consoli- fied information as part of a habeas corpus (1)(C), although the District Court in its dis- dated proceedings and determinations on proceeding under this section. cretion may permit a detainee to participate common questions of fact or law, including ‘‘(iv) SOURCES AND METHODS.—The Govern- from Guantanamo Bay, Cuba, in certain pro- questions concerning the procedures to be ment shall not be required to disclose to ceedings through available technological conducted on the applications. anyone outside the Government the classi- means, if appropriate and consistent with ‘‘(4) TRANSFER.—Consistent with section fied sources, methods, or activities by which the procedures for the protection of classi- 1403(a) of this title, any court of the United the Government acquired information de- fied information and national security under States shall transfer a case within the exclu- scribed in subparagraph (A). The District this section. sive jurisdiction of the District Court. Court may require the Government to ‘‘(e) EXHAUSTION OF MILITARY COMMISSION ‘‘(d) PROCEDURES.— present, to the extent practicable and con- PROCEDURES.— ‘‘(1) STATUS OF COVERED INDIVIDUAL.— sistent with national security, an unclassi- ‘‘(1) STAY OF APPLICATIONS PENDING OTHER ‘‘(A) IN GENERAL.—In a proceeding insti- fied summary of the sources, methods, or ac- PROCEEDINGS.—Any application for habeas tuted by an application for habeas corpus by tivities by which the Government acquired corpus that is pending on or after the date of or on behalf of a covered individual under such information. the enactment of the Enemy Combatant De- subsection (c)(1), the burden shall be on the ‘‘(v) ORDER.—Upon motion of the Govern- tention Review Act of 2008 by or on behalf of Government to submit a return in the form ment, the District Court shall issue an order a covered individual against whom charges of a written declaration describing the fac- to protect against the disclosure of any clas- have been sworn under chapter 47A of title 10 tual basis upon which the Government is de- sified information. shall be stayed pending resolution of the pro- taining the covered individual. Any evidence ‘‘(vi) EX PARTE AND IN CAMERA REVIEW.—If ceedings under chapter 47A of title 10. relied upon by the Government in its dec- the Government seeks to protect classified ‘‘(2) HABEAS PROCEDURES FOR PERSONS CON- laration shall be subject to a rebuttable pre- information from disclosure pursuant to the VICTED BY FINAL JUDGMENT OF A MILITARY sumption with respect to the competency protections of this subparagraph, the court COMMISSION.— and authenticity of such evidence. may review the Government’s submission ex ‘‘(A) IN GENERAL.—Subject to the restric- ‘‘(B) PRESUMPTION.—Upon a determination parte and in camera. tions under sections 950g and 950j of title 10, that the Government’s return shows credible ‘‘(vii) INTERLOCUTORY APPEAL.—The Gov- an application for a writ of habeas corpus on evidence that the covered individual is an ernment may take an interlocutory appeal behalf of a covered individual in custody pur- enemy combatant, there shall be a rebut- from a decision of the District Court relating suant to a final judgment of a military com- table presumption that the covered indi- to the disclosure of classified information mission shall not be granted unless the ap- vidual is an enemy combatant. The covered subject to the same expedited procedures plicant has exhausted the remedies available individual shall have the burden of rebutting that would apply to such an appeal pursuant under chapter 47A of title 10. the presumption that the covered individual to section 7 of the Classified Information ‘‘(B) FAILURE TO EXHAUST.—An application is an enemy combatant by a showing of more Procedures Act (18 U.S.C. App.). for a writ of habeas corpus by a covered indi- persuasive evidence. The covered individual ‘‘(3) WITNESS PRODUCTION.— vidual may be denied on the merits, notwith- shall present such evidence in the form of a ‘‘(A) IN GENERAL.—To the maximum extent standing the failure of the applicant to ex- written declaration. possible, habeas corpus proceedings shall be haust the remedies available under chapter ‘‘(C) REBUTTAL OF PRESUMPTION.—If a cov- decided on the basis of a written return and 47A of title 10. ered individual presents evidence sufficient a written declaration. The rules concerning ‘‘(C) REMEDIES NOT EXHAUSTED.—A covered to rebut the presumption under subpara- the admissibility of evidence in civil or individual shall not be determined to have graph (B), the District Court may hold an criminal trials shall not apply to the presen- exhausted the remedies available under evidentiary hearing on any disputed matter. tation and consideration of information at chapter 47A of title 10, within the meaning of In a hearing under this subparagraph, the any evidentiary hearing under this section. this section, if the covered individual has the court shall hear evidence and make findings The District Court may consider any reliable right under chapter 47A of title 10 to raise, of fact by a preponderance of the evidence. and probative evidence, including hearsay by any available procedure, the question pre- ‘‘(2) DISCOVERY.— from military, intelligence, and law enforce- sented in an application for a writ of habeas ‘‘(A) SCOPE OF DISCOVERY.—Subject to sub- ment sources. corpus. paragraph (B), a covered individual may re- ‘‘(B) BASIS FOR IN-PERSON TESTIMONY.—The ‘‘(D) LIMITATIONS.—An application for a quest from the Government as the discovery District Court may grant a motion for oral writ of habeas corpus on behalf of a covered relating to a habeas corpus proceeding under testimony relating to an evidentiary hearing individual in custody pursuant to the judg- this section, and if requested by a covered in- pursuant to paragraph (1)(C) only if the ment of a military commission shall not be dividual, the Government shall provide— court finds by clear and convincing evidence granted with respect to any claim that was ‘‘(i) any documents or objects directly and that military and intelligence operations adjudicated on the merits in military com- specifically referenced in the return sub- would not be harmed by the production of mission proceedings under chapter 47A of mitted by the Government; the witness and oral testimony would be title 10 or that could have been raised before ‘‘(ii) any evidence known to the attorney likely to provide a material benefit to the the military commission, except where the for the Government that tends materially to resolution by the court of the disputed mat- commission was without jurisdiction to im- undermine evidence presented in the return ter. pose such a judgement. submitted by the Government; ‘‘(4) ATTORNEYS.— ‘‘(E) SCOPE OF REVIEW.—Subject to the re- ‘‘(iii) all statements, whether oral, written, ‘‘(A) IN GENERAL.—The covered individual strictions under subparagraph (D), in review- or recorded, made or adopted by the covered shall be represented by an attorney if the at- ing any other claim on an application for a individual that are known to the attorney torney— writ of habeas corpus on behalf of a covered for the Government and directly related to ‘‘(i) is retained by the covered individual or individual in custody pursuant to the sen- the information in the return submitted by appointed by the District Court; tence of a military commission, the District the Government. ‘‘(ii) has been determined to be eligible for Court shall apply the same deference appli- ‘‘(B) PROTECTION OF NATIONAL SECURITY IN- access to classified information that is clas- cable to a court reviewing an application on FORMATION.— sified at the level Secret or higher, as re- behalf of a person in custody pursuant to the ‘‘(i) GENERALLY.—Classified information quired; and sentence of a court martial. shall be protected and is privileged from dis- ‘‘(iii) has signed a written agreement to ‘‘(f) LIMITS ON SECOND OR SUCCESSIVE AP- closure in habeas corpus proceedings relat- comply with all applicable regulations or in- PLICATIONS.— ing to a covered individual. The rule under structions for attorneys in habeas corpus ‘‘(1) IN GENERAL.—A claim presented in a this subparagraph applies to all stages of any proceedings before the District Court, in- second or successive application for habeas proceeding relating to an application for ha- cluding any rules of court for conduct during corpus under this section that was presented beas corpus filed under subsection (c)(1). the proceedings. in a prior application shall be dismissed. ‘‘(ii) SUBSTITUTE.—If any information de- ‘‘(B) CLASSIFIED INFORMATION.—Any attor- ‘‘(2) CLAIMS NOT INCLUDED IN PRIOR APPLICA- scribed in subparagraph (A) is classified, the ney for a covered individual— TION.—A claim presented in a second or suc- attorney for the Government shall either— ‘‘(i) shall protect any classified informa- cessive application for habeas corpus under ‘‘(I) provide the covered individual with an tion received during the course of represen- this section that was not presented in a prior adequate substitute, to the extent prac- tation of the covered individual in accord- application shall be dismissed unless the—

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‘‘(A) factual predicate for the claim could (3) DETAINEE TREATMENT ACT OF 2005.—Sec- title 10, United States Code, especially mem- not have been discovered previously through tion 1005(e) of the Detainee Treatment Act of bers who were wounded or injured while de- the exercise of due diligence; and 2005 (10 U.S.C. 801 note) is amended by strik- ployed in a contingency operation. ‘‘(B) facts underlying the claim, if proven ing paragraph (2). (d) REPORT ON PLAN.—Upon completion of and viewed in light of the evidence as a (d) EFFECTIVE DATE.—This section and the the plan, the Secretary of Defense shall pro- whole, would be sufficient to establish by amendments made by this section shall take vide a report to the congressional defense clear and convincing evidence that no rea- effect on the date of the enactment of this committees containing, at a minimum, the sonable factfinder would have found that the Act, and shall apply to all cases, without ex- following: covered individual was lawfully detained. ception, pending on or after the date of the (1) A description of how the Secretaries of ‘‘(3) PROCEDURES FOR SECOND AND SUCCES- enactment of this Act. the military departments expect to achieve SIVE APPLICATIONS.— the number of units of the Junior Reserve ‘‘(A) IN GENERAL.—The District Court may SA 5356. Mr. CHAMBLISS (for him- Officers’ Training Corps specified in sub- only consider a second or successive applica- self and Mr. PRYOR) submitted an section (a), including how many units will be tion for habeas corpus under this section if amendment intended to be proposed by established per year by each service. the court determines that the covered indi- him to the bill S. 3001, to authorize ap- (2) The annual funding necessary to sup- vidual makes a prima facie showing that the propriations for fiscal year 2009 for port the increase in units, including the per- application satisfies the requirements under sonnel costs associated. paragraph (2) for consideration of a second or military activities of the Department (3) The number of qualified private and successive application for habeas corpus. of Defense, for military construction, public schools, if any, who have requested a ‘‘(B) APPEAL.—The Government may take and for defense activities of the De- Junior Reserve Officers’ Training Corps unit an interlocutory appeal from a decision by partment of Energy, to prescribe mili- that are on a waiting list. the District Court to grant consideration of tary personnel strengths for such fiscal (4) A description of proposed efforts to im- a second or successive habeas corpus applica- year, and for other purposes; which was prove the increased distribution of units geo- tion under this paragraph to the United ordered to lie on the table; as follows: graphically across the United States. States Court of Appeals for the District of (5) A description of proposed efforts to in- At the end of subtitle E of title VI, add the Columbia Circuit. The District Court shall crease distribution of units in educationally following: stay proceedings pending the decision on an and economically deprived areas. interlocutory appeal. SEC. 652. TRANSITIONAL HEALTH CARE FOR CER- (6) A description of proposed efforts to en- TAIN MEMBERS OF THE ARMED ‘‘(g) RELEASE.— hance employment opportunities for quali- ‘‘(1) COVERED INDIVIDUALS ORDERED RE- FORCES WHO AGREE TO SERVE IN THE SELECTED RESERVE. fied former military members retired for dis- LEASED.— (a) PROVISION OF TRANSITIONAL HEALTH ability, especially those wounded while de- ‘‘(A) IN GENERAL.—No court shall order the ployed in a contingency operation. release of a covered individual into the CARE.—Section 1145(a)(2) of title 10, United States Code, is amended by adding at the end (e) TIME FOR SUBMISSION.—The plan re- United States. quired under subsection (a), along with the ‘‘(B) VISAS AND IMMIGRATION.—The Sec- the following new subparagraph: ‘‘(F) A member who is separated from ac- report required by subsection (d), shall be retary of State shall not issue any visa and submitted to the congressional defense com- the Secretary of Homeland Security shall tive duty who agrees to become a member of the Selected Reserve of the Ready Reserve of mittees not later than March 31, 2009. The not admit or provide any type of status to a Secretary of Defense shall submit an updated covered individual described in subparagraph a reserve component.’’. (b) EFFECTIVE DATE.—Subparagraph (E) of report annually thereafter containing (at a (A) that may permit the covered individual minimum) the information specified in sub- to enter or be admitted to the United States. section 1145(a)(2) of title 10, United States section (d) until the number of units of the ‘‘(C) WAIVER.—The President, in the sole Code, as added by subsection (a), shall apply Junior Reserve Officers’ Training Corps spec- discretion of the President, may waive the with respect to members of the Armed ified in subsection (a) is achieved. restrictions under subparagraph (A) or (B), Forces who are separated from active duty after the date of the enactment of this Act. in whole or in part, upon a finding that the SA 5358. Mr. ENSIGN (for himself waiver of such restriction would be con- and Mr. BROWNBACK) submitted an sistent with the national security of the SA 5357. Mr. ENSIGN submitted an United States. amendment intended to be proposed by amendment intended to be proposed by ‘‘(2) TRANSFER.— him to the bill S. 3001, to authorize ap- him to the bill S. 3001, to authorize ap- ‘‘(A) IN GENERAL.—If the District Court propriations for fiscal year 2009 for propriations for fiscal year 2009 for grants an application for a writ of habeas military activities of the Department military activities of the Department corpus and orders the release of a covered in- of Defense, for military construction, of Defense, for military construction, dividual, the covered individual shall be re- and for defense activities of the De- and for defense activities of the De- leased into the custody of the Secretary of partment of Energy, to prescribe mili- Homeland Security for the purpose of trans- partment of Energy, to prescribe mili- ferring the individual to the country of citi- tary personnel strengths for such fiscal tary personnel strengths for such fiscal zenship of the individual or to another coun- year, and for other purposes; which was year, and for other purposes; which was try. ordered to lie on the table; as follows: ordered to lie on the table; as follows: ‘‘(B) TRANSFER.—An individual in the cus- At the end of subtitle D of title V, add the Strike section 1221. tody of the Secretary of Homeland Security following: pursuant to subparagraph (A) shall be housed SEC. 556. INCREASE IN NUMBER OF UNITS OF SA 5359. Mr. BROWNBACK submitted separately from aliens detained as enemy JUNIOR RESERVE OFFICERS’ TRAIN- an amendment intended to be proposed combatants by the Department of Defense ING CORPS. by him to the bill S. 3001, to authorize and in a manner consistent with safety and (a) PLAN FOR INCREASE.—The Secretary of appropriations for fiscal year 2009 for security of United States personnel. A trans- Defense, in consultation with the Secretaries fer made pursuant to subparagraph (A) shall of the military departments, shall develop military activities of the Department be effected as expeditiously as possible and and implement a plan to establish and sup- of Defense, for military construction, in a manner that is consistent with the pol- port 4,000 Junior Reserve Officers’ Training and for defense activities of the De- icy set out in section 2242 of the 1998 Foreign Corps units not later than fiscal year 2020. partment of Energy, to prescribe mili- Relations Authorization Act, Fiscal Years (b) EXCEPTIONS.—The requirement imposed tary personnel strengths for such fiscal 1998 and 1999 (subdivision B of division G of in subsection (a) shall not apply— year, and for other purposes; which was Public Law 105–277; 8 U.S.C. 1231 note), and (1) if the Secretary fails to receive an ade- ordered to lie on the table; as follows: with the national security interests of the quate number of requests for Junior Reserve United States.’’. Officers’ Training Corps units by public and On page 45, strike line 2 and insert the fol- (c) TECHNICAL AND CONFORMING AMEND- private secondary educational institutions; lowing: MENTS.— or (2) assess any lessons learned from the de- (1) IN GENERAL.—Section 2241 of title 28, (2) during a time of national emergency sign, development, and construction of the United States Code, is amended by striking when the Secretaries of the military depart- Airborne Laser system that could improve subsection (e). ments determine that funding must be allo- the operational effectiveness, suitability and (2) TABLE OF SECTIONS.—The table of sec- cated elsewhere. survivability, or the affordability, of any fu- ture system; and tions for chapter 153 of title 28, United (c) COOPERATION.—The Secretary of De- States Code, is amended by striking the item fense, as part of the plan to establish and On page 45, line 3, strike ‘‘(2)’’ and insert relating to section 2256, as added by section support additional Junior Reserve Officers’ ‘‘(3)’’. 250 of the Act of November 6, 1978 (Public Training Corps units, shall work with local On page 45, line 18, insert before the period Law 95–598; 92 Stat. 2672), and inserting the educational agencies to increase the employ- the following: ‘‘relative to the ballistic mis- following: ment in Junior Reserve Officers’ Training sile threat posed by North Korea, Iran, and ‘‘2256. Habeas corpus review for certain Corps units of retired members of the Armed other countries with active ballistic missile enemy combatants.’’. Forces who are retired under chapter 61 of development and fielding programs’’.

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Mr. BROWNBACK submitted (B) The programs of Iran relating to weap- may not approve the transfer or retransfer an amendment intended to be proposed ons of mass destruction. directly or indirectly to Russia of any nu- by him to the bill S. 3001, to authorize (C) Support provided to terrorist groups, clear material, facilities, components, or appropriations for fiscal year 2009 for insurgent groups, irregular proxy forces, and other goods, services, or technology that military activities of the Department related activities. would be subject to an agreement under sec- (D) Bilateral military aid. tion 123 of the Atomic Energy Act of 1954 (42 of Defense, for military construction, (c) APPROPRIATE COMMITTEES OF CONGRESS U.S.C. 2153). and for defense activities of the De- DEFINED.—In this section, the term ‘‘appro- (c) CERTIFICATION.—The certification re- partment of Energy, to prescribe mili- priate committees of Congress’’ means— ferred to in subsection (a) is a certification tary personnel strengths for such fiscal (1) the Committee on Armed Services and made by the President to Congress that— year, and for other purposes; which was the Committee on Foreign Relations of the (1) either— ordered to lie on the table; as follows: Senate; and (A) Russia has suspended all nuclear assist- At the end of subtitle D of title XII, add (2) the Committee on Armed Services and ance to Iran and all transfers of advanced the following: the Committee on International Relations of conventional weapons and missiles to Iran, the House of Representatives. SEC. 1233. ANNUAL REPORT ON MILITARY POWER including the SA-20 system; or OF IRAN. (B) Iran has completely, verifiably, and ir- (a) ANNUAL REPORT REQUIRED.— SA 5361. Mr. BROWNBACK submitted reversibly dismantled all nuclear enrich- (1) IN GENERAL.—Not later than March 1 an amendment intended to be proposed ment-related and reprocessing-related pro- each year, the Secretary of Defense shall by him to the bill S. 3001, to authorize grams; and submit to the appropriate committees of appropriations for fiscal year 2009 for (2) all Russian forces have been withdrawn Congress a report on the current and future military activities of the Department from the undisputed territory of the sov- military and security strategy of Iran. of Defense, for military construction, ereign state of Georgia and Russia has com- plied with its obligations under the cease- (2) GENERAL SCOPE OF REPORTS.—Each re- and for defense activities of the De- port shall address the current and probable fire agreement signed on August 15, 2008. future course of military-technological de- partment of Energy, to prescribe mili- (d) RULE OF CONSTRUCTION.—Nothing in velopment of the Iran military and the te- tary personnel strengths for such fiscal this section shall be construed as interfering nets and probable development of the grand year, and for other purposes; which was with or preventing cooperation between the strategy, security strategy, and military ordered to lie on the table; as follows: United States and Russia on Cooperative strategy, and of military organizations and At the end of subtitle E of title III, add the Threat Reduction programs. operational concepts, of Iran during the 20- following: year period beginning on the date of such re- SEC. 344. SENSE OF SENATE ON EXPEDITIONARY SA 5363. Mr. LEAHY submitted an port. MEDICAL SUPPORT PACKAGES. amendment intended to be proposed by (3) FORM.—Each report shall be submitted It is the sense of the Senate that— him to the bill S. 3001, to authorize ap- in both unclassified and classified form. (1) Expeditionary Medical Support propriations for fiscal year 2009 for (b) ELEMENTS.—Each report under this sec- (EMEDS) packages are an important part of tion shall include analyses and forecasts military activities of the Department the disaster response capabilities provided of Defense, for military construction, with respect to the following: by the Department of Defense; and (1) The goals of the grand strategy, secu- (2) Department plans for civil support mis- and for defense activities of the De- rity strategy, and military strategy of Iran sions should identify how Expeditionary partment of Energy, to prescribe mili- during the 20-year period beginning on the Medical Support packages will be trans- tary personnel strengths for such fiscal date of such report, and the relationship be- ported rapidly enough to meet medical surge year, and for other purposes; which was tween such strategies and the current secu- schedules at any disaster site. ordered to lie on the table; as follows: rity situation in the Middle East and Central and South Asia. At the end of subtitle G of title X, add the SA 5362. Mr. COLEMAN submitted an following: (2) The size, location, and capabilities of amendment intended to be proposed by the land, sea, air, and irregular forces of SEC. 1083. PROHIBITION OF WAR PROFITEERING. him to the bill S. 3001, to authorize ap- Iran, including the Artesh, the Iranian Revo- (a) PROHIBITION.— lutionary Guard Corps (IRGC), the Qods propriations for fiscal year 2009 for (1) IN GENERAL.—Chapter 47 of title 18, Force of the Iranian Revolutionary Guard military activities of the Department United States Code, is amended by adding at Corps, Lebanese Hezbollah, and any other of Defense, for military construction, the end the following: force controlled by the Iran or receiving and for defense activities of the De- ‘‘§ 1040. War profiteering and fraud funds or training from the Iran. partment of Energy, to prescribe mili- ‘‘(a) PROHIBITION.—Whoever, in any matter (3) Developments in and the capabilities of tary personnel strengths for such fiscal the ballistic missile, nuclear, and chemical involving a contract with, or the provision of and biological weapons programs of Iran. year, and for other purposes; which was goods or services to, the United States or a (4) The degree to which Iran depends on un- ordered to lie on the table; as follows: provisional authority, in connection with a conventional, irregular, or asymmetric capa- On page 356, between lines 12 and 13, insert mission of the United States Government bilities to achieve its strategic goals. the following: overseas, knowingly— (5) The irregular warfare capabilities of SEC. 1222. RESTRICTIONS ON ENTERING INTO ‘‘(1)(A) executes or attempts to execute a Iran, including the exploitation of asym- AGREEMENT FOR NUCLEAR CO- scheme or artifice to defraud the United metric strategies and related weapons and OPERATION WITH RUSSIA. States or that authority; or technology, the use of covert forces, the use (a) IN GENERAL.—Notwithstanding any ‘‘(B) materially overvalues any good or of proxy forces, support for terrorist organi- other provision of law, and in addition to service with the intent to defraud the United zations, and strategic communications ef- any other sanction in effect, beginning on States or that authority; forts. the date that is 15 days after the date of the shall be fined not more than $1,000,000 or im- (6) Efforts by Iran to develop, acquire, or enactment of this Act and until the Presi- prisoned not more than 20 years, or both; or gain access to information, communication, dent makes the certification described in ‘‘(2) in connection with the contract or the nuclear, and other advanced technologies subsection (c), the restrictions described in provision of those goods or services— that would enhance its military capabilities. subsection (b) shall apply with respect to ‘‘(A) falsifies, conceals, or covers up by any (7) The nature and significance of any Russia. trick, scheme, or device a material fact; arms, munitions, military equipment, or (b) RESTRICTIONS.—The restrictions re- ‘‘(B) makes any materially false, fictitious, military or dual-use technology acquired by ferred to in subsection (a) are the following: or fraudulent statements or representations; Iran from outside Iran, including from a for- (1) NUCLEAR COOPERATION AGREEMENTS.— or eign government or terrorist organization, The United States may not enter into an ‘‘(C) makes or uses any materially false or provided by Iran to any foreign govern- agreement for cooperation with Russia pur- writing or document knowing the same to ment or terrorist organization. suant to section 123 of the Atomic Energy contain any materially false, fictitious, or (8) The nature and significance of any bi- Act of 1954 (42 U.S.C. 2153). fraudulent statement or entry; lateral or multilateral security or defense- (2) LICENSES TO EXPORT NUCLEAR MATERIAL, shall be fined not more than $1,000,000 or im- related cooperation agreements, whether for- FACILITIES, OR COMPONENTS.—The United prisoned not more than 10 years, or both. mal or informal, between Iran and any for- States may not issue a license to export di- ‘‘(b) EXTRATERRITORIAL JURISDICTION.— eign government or terrorist organization. rectly or indirectly to Russia any nuclear There is extraterritorial Federal jurisdiction (9) Expenditures by Iran on each of the fol- material, facilities, components, or other over an offense under this section. lowing: goods, services, or technology that would be ‘‘(c) VENUE.—A prosecution for an offense (A) The security forces of Iran, whether subject to an agreement under section 123 of under this section may be brought— regular and irregular, including the Artesh, the Atomic Energy Act of 1954 (42 U.S.C. ‘‘(1) as authorized by chapter 211 of this the Iranian Revolutionary Guard Corps, and 2153). title; the Qods Force of the Iranian Revolutionary (3) TRANSFERS OF NUCLEAR MATERIAL, FA- ‘‘(2) in any district where any act in fur- Guard Corps. CILITIES, OR COMPONENTS.—The United States therance of the offense took place; or

VerDate Aug 31 2005 04:19 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.046 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8293 ‘‘(3) in any district where any party to the propriations for fiscal year 2009 for (3) DEFINITIONS.—In this subsection: contract or provider of goods or services is military activities of the Department (A) The term ‘‘executive agency’’ has the located.’’. of Defense, for military construction, meaning given that term in section 4 of the (2) TABLE OF SECTIONS.—The table of sec- and for defense activities of the De- Office of Federal Procurement Policy Act (41 tions for chapter 47 of title 18, United States partment of Energy, to prescribe mili- U.S.C. 403). Code, is amended by adding at the end the (B) The term ‘‘functions closely associated following: tary personnel strengths for such fiscal with inherently governmental functions’’ year, and for other purposes; which was ‘‘1040. War profiteering and fraud.’’. means the functions described in section ordered to lie on the table; as follows: 7.503(d) of the Federal Acquisition Regula- (b) CRIMINAL FORFEITURE.—Section Strike section 832 and insert the following: 982(a)(2)(B) of title 18, United States Code, is tion, or any successor regulation. SEC. 832. ETHICS SAFEGUARDS FOR EMPLOYEES amended by striking ‘‘or 1030’’ and inserting (b) PERSONAL CONFLICTS OF INTEREST.— UNDER CERTAIN CONTRACTS FOR ‘‘1030, or 1040’’. THE PERFORMANCE OF ACQUISI- (1) REVIEW OF FAR REGARDING PERSONAL (c) MONEY LAUNDERING.—Section TION FUNCTIONS CLOSELY ASSOCI- CONFLICTS OF INTEREST.—Not later than 12 1956(c)(7)(D) of title 18, United States Code, is ATED WITH INHERENTLY GOVERN- months after the date of the enactment of amended by inserting ‘‘section 1040 (relating MENTAL FUNCTIONS. this Act, the Administrator for Federal Pro- to war profiteering and fraud),’’ after ‘‘liqui- (a) ETHICS SAFEGUARDS.— curement Policy, in consultation with the dating agent of financial institution),’’. (1) CONTRACT CLAUSE REQUIRED.—Not later Director of the Office of Government Ethics, (d) RICO.—Section 1961(1) of title 18, than 180 days after the date of the enactment shall review the Federal Acquisition Regula- United States Code, is amended by inserting of this Act, the Federal Acquisition Regula- tion to determine whether revisions to the ‘‘section 1040 (relating to war profiteering tion shall be amended to require that each Federal Acquisition Regulation are nec- and fraud),’’ after ‘‘in connection with access contract (or task or delivery order) in excess essary to address personal conflicts of inter- devices),’’. of $500,000 that calls for the performance of est by contractor employees with respect to acquisition functions closely associated with contracts other than contracts described in SA 5364. Mr. LIEBERMAN (for him- inherently governmental functions for or on subsection (a)(1). self, Ms. COLLINS, and Mrs. MCCASKILL) behalf of an executive agency shall include a (2) REVISIONS OF FAR.—If the Administrator submitted an amendment intended to contract clause addressing financial con- determines pursuant to the review under be proposed by him to the bill S. 3001, flicts of interests of contractor employees paragraph (1) that revisions to the Federal who will be responsible for the performance to authorize appropriations for fiscal Acquisition Regulation are necessary to ad- of such functions. dress personal conflicts of interest described year 2009 for military activities of the (2) CONTENTS OF CONTRACT CLAUSE.—The in that paragraph, the Administrator shall Department of Defense, for military contract clause required by paragraph (1) work with the Federal Acquisition Regu- construction, and for defense activities shall, at a minimum— latory Council to prescribe appropriate revi- of the Department of Energy, to pre- (A) require the contractor to prohibit any sions to the Federal Acquisition Regulation scribe military personnel strengths for employee of the contractor from performing for that purpose. such fiscal year, and for other pur- any functions described in paragraph (1) (3) REPORT.—Not later than March 1, 2010, poses; which was ordered to lie on the under such a contract (or task or delivery the Administrator shall submit to the appro- order) relating to a program, company, con- table; as follows: priate committees of Congress a report set- tract, or other matter in which the employee ting forth the findings and determinations of Strike section 833 and insert the following: (or a member of the employee’s immediate the Administrator as a result of the review SEC. 833. INFORMATION FOR FEDERAL GOVERN- family) has a financial interest without the under paragraph (1), together with an assess- MENT CONTRACTOR EMPLOYEES ON express written approval of the contracting ment of any revisions to the Federal Acquisi- THEIR WHISTLEBLOWER RIGHTS. officer; tion Regulation that may be necessary to ad- (a) IN GENERAL.—Not later than 180 days (B) require the contractor to obtain, re- dress personal conflicts of interest described after the date of the enactment of this Act, view, update, and maintain as part of its per- in that paragraph. the Federal Acquisition Regulation shall be sonnel records a financial disclosure state- (c) ORGANIZATIONAL CONFLICTS OF INTER- amended to prescribe a policy for informing ment from each employee assigned to per- EST.— employees of a contractor of an executive form functions described in subparagraph (A) (1) REVIEW OF FAR REGARDING ORGANIZA- agency of their whistleblower rights and pro- under such a contract (or task or delivery TIONAL CONFLICTS OF INTEREST.—Not later tections under section 265 of title 41, United order) that is sufficient to enable the con- than 12 months after the date of the enact- States Code, or section 2409 of title 10, tractor to ensure compliance with the re- ment of this Act, the Administrator for Fed- United States Code, as applicable, as imple- quirements of subparagraph (A); eral Procurement Policy shall review the mented by subpart 3.9 of part I of title 48, (C) require the contractor to prohibit any Federal Acquisition Regulation to determine Code of Federal Regulations. employee of the contractor who is respon- whether revisions to the Federal Acquisition (b) ELEMENTS.—The regulations required sible for performing functions described in Regulation are necessary to achieve suffi- by subsection (a) shall include requirements subparagraph (A) under such a contract (or ciently rigorous, comprehensive, and uni- as follows: task or delivery order) relating to a pro- form government-wide policies to prevent (1) Employees of contractors shall be noti- gram, company, contract, or other matter and mitigate organizational conflicts of in- fied in writing of the provisions of section from accepting a gift from the affected com- terest in Federal contracting. 265 of title 41, United States Code, or the pro- pany or from an individual or entity that has (2) REVISIONS OF FAR.—If the Administrator visions of section 2409 of title 10, United a financial interest in the program, contract, determines pursuant to the review under States Code, as applicable. or other matter; paragraph (1) that revisions to the Federal (2) Notice to employees of contractors (D) require the contractor to prohibit con- Acquisition Regulation are necessary to under paragraph (1) shall state that the re- tractor personnel who have access to non- achieve the policies described in that para- strictions imposed by any employee agree- public government information obtained graph, the Administrator shall work with ment or nondisclosure agreement shall not while performing work on such a contract the Federal Acquisition Regulatory Council supersede, conflict with, or otherwise alter (or task or delivery order) from using such to prescribe appropriate revisions to the Fed- the employee rights created by section 265 of information for personal gain; eral Acquisition Regulation for that purpose. title 41, United States Code (or the regula- (E) require the contractor to take appro- (3) REPORT.—Not later than March 1, 2010, tions implementing such section), or the em- priate disciplinary action in the case of em- the Administrator shall submit to the appro- ployee rights created by section 2409 of title ployees who fail to comply with prohibitions priate committees of Congress a report set- 10, United States Code (or the regulations established pursuant to this section; ting forth the findings and determinations of implementing such section), as applicable. (F) require the contractor to promptly re- the Administrator as a result of the review (c) CONTRACTOR DEFINED.—In this section, port any failure to comply with the prohibi- under paragraph (1), together with an assess- the term ‘‘contractor’’— tions established pursuant to this section to ment of any revisions to the Federal Acquisi- (1) in the case of the Department of De- the contracting officer for the applicable tion Regulation that may be necessary to fense or any other agency covered by section contract or contracts; achieve the policies described in that para- 2409 of title 10, United States Code, has the (G) include appropriate definitions of the graph. meaning given that term in section 2409(e)(4) terms ‘‘financial interest’’ and ‘‘gift’’ that of such title; and are similar to the definitions in statutes and (d) BEST PRACTICES REGARDING CONFLICTS (2) in the case of any other executive agen- regulations applicable to Federal employees; OF INTEREST.—The Administrator for Federal cy, has the meaning given that term in sec- (H) establish appropriate contractual pen- Procurement Policy shall, in consultation tion 265(e)(2) of title 41, United States Code. alties for failures to comply with the re- with the Director of the Office of Govern- quirements of subparagraphs (A) through ment Ethics, develop and maintain a reposi- SA 5365. Mr. LIEBERMAN (for him- (F); and tory of best practices relating to the preven- self and Ms. COLLINS) submitted an (I) provide such additional safeguards, defi- tion and mitigation of organizational and amendment intended to be proposed by nitions, and exceptions as may be necessary personal conflicts of interest in Federal con- him to the bill S. 3001, to authorize ap- to safeguard the public interest. tracting.

VerDate Aug 31 2005 04:19 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.047 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8294 CONGRESSIONAL RECORD — SENATE September 10, 2008 (e) APPROPRIATE COMMITTEES OF CONGRESS SA 5367. Mr. CONRAD submitted an rifices on the part of the United States DEFINED.—In this section, the term ‘‘appro- amendment intended to be proposed by Armed Forces in Iraq, the United States was priate committees of Congress’’ means— him to the bill S. 3001, to authorize ap- pursuing a failed strategy in Iraq. (1) the Committee on Armed Services and propriations for fiscal year 2009 for (2) By the end of 2006, large-scale sectarian violence was accelerating throughout Iraq, the Committee on Homeland Security and military activities of the Department Governmental Affairs of the Senate; and al Qaeda had established significant safe ha- (2) the Committee on Armed Services and of Defense, for military construction, vens there, militias sponsored by the Gov- the Committee on Oversight and Govern- and for defense activities of the De- ernment of Iran had seized effective control ment Reform of the House of Representa- partment of Energy, to prescribe mili- of large swaths of Iraq, and the Government tives. tary personnel strengths for such fiscal of Iraq was suffering from political paralysis. year, and for other purposes; which was (3) By the end of 2006, insurgents and death SA 5366. Mrs. MCCASKILL submitted ordered to lie on the table; as follows: squads were killing more than 3,000 civilians an amendment intended to be proposed At the end of subtitle E of title VI, add the in Iraq each month and coalition forces were by her to the bill S. 3001, to authorize following: sustaining more than 1,200 attacks each week. SEC. 652. REPORT ON BONUSES AND INCENTIVES appropriations for fiscal year 2009 for (4) In December 2006, the Iraq Study Group military activities of the Department FOR RECRUITMENT AND RETENTION OF MEMBERS OF THE AIR FORCE IN warned that ‘‘the United States is facing one of Defense, for military construction, NUCLEAR CAREER FIELDS. of its most difficult and significant inter- and for defense activities of the De- (a) REPORT REQUIRED.—Not later than national challenges in decades’’ in Iraq and partment of Energy, to prescribe mili- March 1, 2009, the Secretary of the Air Force that ‘‘Iraq is vital to regional and even glob- tary personnel strengths for such fiscal shall submit to the congressional defense al stability, and is critical to U.S. interests’’. year, and for other purposes; which was committees a report assessing the feasi- (5) In December 2004, Osama bin Laden said ordered to lie on the table; as follows: bility, advisability, utility, and cost effec- the following of the war in Iraq: ‘‘The most tiveness of establishing new retention bo- important and serious issue today for the At the end of subtitle D of title VIII, add nuses or assignment incentive pay for mem- whole world is this Third World War. . . . The the following: bers of the Air Force involved in the oper- world’s millstone and pillar is Baghdad, the SEC. 834. IMPROVEMENT OF WHISTLEBLOWER ation, maintenance, handling, and security capital of the caliphate.’’. PROTECTIONS FOR CONTRACTOR of nuclear weapons in order to enhance the (6) On January 10, 2007, in an address to the EMPLOYEES OF THE DEPARTMENT recruitment and retention of such members. Nation, President George W. Bush acknowl- OF DEFENSE. (b) ELEMENTS.—The report required by sub- edged that the situation in Iraq was ‘‘unac- (a) EVIDENCE SUBSTANTIATING OCCURRENCE section (a) shall include the following: ceptable’’ and announced his intention to OF REPRISAL.—Subsection (b) of section 2409 (1) A description of current reenlistment put in place a new strategy, subsequently of title 10, United States Code, is amended by rates, set forth by Air Force Specialty Code, known as ‘‘the surge’’. adding at the end the following new para- of members of the Air Force serving in posi- (7) President Bush nominated and the Sen- graph: tions involving the operation, maintenance, ate confirmed General David H. Petraeus as ‘‘(3)(A) A person alleging a reprisal under handling, and security of nuclear weapons. the Commander of Multi-National Forces— this section shall affirmatively establish the (2) A description of the current personnel Iraq, a position he assumed on February 10, occurrence of the reprisal if the person dem- fill rate for Air Force units involved in the 2007. onstrates that a disclosure described in sub- operation, maintenance, handling, and secu- (8) General Petraeus, upon assuming com- section (a) was a contributing factor in the rity of nuclear weapons. mand, and in partnership with Lieutenant reprisal. A disclosure may be demonstrated (3) An assessment of whether additional re- General Raymond Odierno, the Commander as a contributing factor for purposes of this tention bonuses or assignment incentive pay of Multi-National Corps—Iraq, and United paragraph by circumstantial evidence, in- could help to improve retention by the Air States Ambassador to Iraq Ryan Crocker, de- cluding evidence as follows: Force of skilled personnel in the positions veloped a comprehensive civil-military ‘‘(i) Evidence that the official undertaking described in paragraph (1). counterinsurgency campaign plan to reverse the reprisal knew of the disclosure. (4) An assessment of whether assignment Iraq’s slide into chaos, defeat the enemies of ‘‘(ii) Evidence that the reprisal occurred incentive pay should be provided for mem- the United States in Iraq, and, in partner- within a period of time after the disclosure bers of the Air Force covered by the Per- ship with the Iraqi Security Forces and the such that a reasonable person could conclude sonnel Reliability Program. Government of Iraq, reestablish security that the disclosure was a contributing factor (5) Such other matters as the Secretary across the country. in the reprisal. considers appropriate. (9) Under the previous strategy, the over- ‘‘(B) Except as provided in subparagraph whelming majority of United States combat (C), if a reprisal is affirmatively established SA 5368. Mr. LIEBERMAN (for him- forces were concentrated on a small number under subparagraph (A), the Inspector Gen- self, Mr. GRAHAM, Mr. MCCAIN, Mr. of large forward operating bases and were eral shall recommend in the report under MCCONNELL, Mr. ALEXANDER, Mr. AL- not assigned the mission of providing secu- paragraph (1) that corrective action be taken LARD, Mr. BOND, Mr. BENNETT, Mr. rity for the people of Iraq against insurgents, under subsection (c). terrorists, and militia fighters, in part be- BROWNBACK, Mr. CORNYN, Mr. CRAIG, ‘‘(C) The Inspector General may not rec- cause there were insufficient members of the ommend corrective action under subpara- Mr. CRAPO, Mr. ENSIGN, Mr. DOMENICI, United States Armed Forces in Iraq to do so. graph (B) with respect to a reprisal that is Mr. ENZI, Mrs. HUTCHISON, Mr. ISAKSON, (10) As an integral component of the surge, affirmatively established under subpara- Mr. THUNE, Mr. KYL, Mr. WICKER, Mr. approximately 5 additional United States graph (A) if the contractor demonstrates by ROBERTS, Mr. CHAMBLISS, Mrs. DOLE, Army brigades and 2 United States Marine clear and convincing evidence that the con- Mr. BURR, Mr. MARTINEZ, Mr. STEVENS, Corps battalions were deployed to Iraq. tractor would have taken the action consti- Mr. COBURN, and Mr. BARRASSO) sub- (11) As an integral component of the surge, tuting the reprisal in the absence of the dis- mitted an amendment intended to be members of the United States Armed Forces closure.’’. proposed by him to the bill S. 3001, to were deployed out of large forward operating URDEN OF ROOF IN CTIONS OL bases onto small bases throughout Baghdad (b) B P A F - authorize appropriations for fiscal year LOWING LACK OF RELIEF.—Paragraph (2) of and other key population centers, partnering subsection (c) of such section is amended— 2009 for military activities of the De- with the Iraqi Security Forces to provide se- (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and partment of Defense, for military con- curity for the local population against insur- (2) by adding at the end the following new struction, and for defense activies of gents, terrorists, and militia fighters. subparagraph: the Department of Energy, to prescribe (12) Additional members of the United ‘‘(B) In any action under subparagraph (A), military personnel strengths for such States Armed Forces began moving into Iraq the establishment of the occurrence of a re- fiscal year, and for other purposes; in January 2007 and reached full strength in prisal shall be governed by the provisions of which was ordered to lie on the table; June 2007. subsection (b)(3)(A), including the burden of as follows: (13) As a consequence of the additional proof in that subsection, subject to the es- forces needed in Iraq, in April 2007 the tablishment by the contractor that the ac- At the end of subtitle G of title X, add the United States Army added 3 months to the tion alleged to constitute the reprisal did following: standard year-long tour for all active duty not constitute a reprisal in accordance with SEC. 1083. SENSE OF THE SENATE ON THE STRA- soldiers in Iraq and Afghanistan, and the TEGIC SUCCESS OF THE TROOP United States Marine Corps added 3 months the provisions of subsection (b)(3)(C), includ- SURGE IN IRAQ AND THE MEMBERS ing the burden of proof in that subsection.’’. OF THE UNITED STATES ARMED to the standard 6-month tour for all active (c) CLARIFICATION OF RECOURSE TO JUDICIAL FORCES WHO MADE THAT SUCCESS duty Marines in Iraq and Afghanistan. REVIEW.—Paragraph (5) of subsection (c) of POSSIBLE. (14) As an integral component of the surge, such section is amended by striking ‘‘Any (a) FINDINGS.—The Senate makes the fol- members of the United States Armed Forces person’’ and inserting ‘‘Except in the case of lowing findings: began simultaneous and successive offensive a complainant who brings an action under (1) By the end of 2006, it had become clear operations, in partnership with the Iraqi Se- paragraph (2), any person’’. that, despite exceptional efforts and sac- curity Forces, of unprecedented breadth,

VerDate Aug 31 2005 05:32 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.048 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8295 continuity, and sophistication, striking mul- Iraq are significant but not yet permanent this section or another provision of this sub- tiple enemy safe havens and lines of commu- and that it is imperative that no action be chapter to use the private sector for the ac- nication at the same time. taken that jeopardizes those gains or dis- quisition or construction of military unac- (15) As an integral component of the surge, honors the service and sacrifice of the men companied housing for all ranks at Fort additional members of the United States and women of the United States Armed Polk, Louisiana.’’; Armed Forces were deployed to Anbar prov- Forces who made those gains possible. (2) in subsection (b), by striking ‘‘The Sec- ince to provide essential support to the nas- retary of the Navy’’ and inserting ‘‘The Sec- cent tribal revolt against al Qaeda in that SA 5369. Mr. WHITEHOUSE (for him- retaries of the Army and Navy’’; province. self, Mrs. FEINSTEIN, Mr. ROCKEFELLER, (3) in subsection (d)(1), by striking ‘‘The (16) Those additional members of the and Mr. HAGEL) submitted an amend- Secretary of the Navy’’ and inserting ‘‘The United States Armed Forces played a critical ment intended to be proposed by him Secretaries of the Army and Navy’’; role in the success and spread of anti-Qaeda (4) in subsection (e)(1), by striking ‘‘The Sunni tribal groups in Anbar province and to the bill S. 3001, to authorize appro- priations for fiscal year 2009 for mili- Secretary of the Navy shall transmit’’ and subsequently in other regions of Iraq. inserting ‘‘The Secretaries of the Army and (17) Since the start of the surge in January tary activities of the Department of Navy shall each transmit’’; and 2007, there have been marked and hopeful im- Defense, for military construction, and (5) in subsection (f)— provements in almost every political, secu- for defense activities of the Depart- (A) by striking ‘‘The authority’’ and in- rity, and economic indicator in Iraq. ment of Energy, to prescribe military serting ‘‘(1) The authority’’; and (18) In 2007, General Petraeus described personnel strengths for such fiscal (B) by adding at the end the following new Iraq as ‘‘the central front of al Qaeda’s glob- year, and for other purposes; which was paragraph: al campaign’’. ordered to lie on the table; as follows: ‘‘(2) The authority of the Secretary of the (19) In 2008, as a consequence of the success Army to enter into a contract under the of the surge, al Qaeda has been dealt what On page 280, after line 20, add the fol- pilot program shall expire September 30, Director of Central Intelligence Michael lowing: 2010.’’. Hayden assesses as a ‘‘near strategic defeat’’ SEC. 1037. REQUIREMENT FOR RED CROSS NOTI- in Iraq. FICATION OF AND ACCESS TO DE- SA 5371. Ms. LANDRIEU submitted (20) As a consequence of the success of the TAINEES. an amendment intended to be proposed (a) REQUIREMENT.—No funds authorized to surge, militias backed by the Government of by her to the bill S. 3001, to authorize Iran have been routed from major population be appropriated by this Act or any other Act centers in Iraq and no longer control signifi- may be used to detain any individual who is appropriations for fiscal year 2009 for cant swaths of territory. in the custody or under the effective control military activities of the Department (21) As a consequence of the success of the of an element of the intelligence community of Defense, for military construction, surge, sectarian violence in Iraq has fallen or an instrumentality of such element unless and for defense activities of the De- dramatically and has been almost entirely the International Committee of the Red partment of Energy, to prescribe mili- eliminated. Cross is provided notification of the deten- tary personnel strengths for such fiscal (22) As a consequence of the success of the tion of such individual and access to such in- year, and for other purposes; which was dividual in a manner consistent with the surge, overall insurgent attacks have fallen ordered to lie on the table; as follows: by approximately 80 percent since June 2007 practices of the Armed Forces. and are at their lowest level since March (b) CONSTRUCTION.—Nothing in this sub- On page 311, between lines 13 and 14, insert 2004. section shall be construed— the following: (23) As a consequence of the success of the (1) to create or otherwise imply the au- SEC. 1083. WORLD WAR II MUSEUM FOUNDATION surge, United States casualties in Iraq have thority to detain; or FOR AMERICA’S NATIONAL WORLD dropped dramatically and United States (2) to limit or otherwise affect any other WAR II MUSEUM. combat deaths in Iraq in July 2008 were rights or obligations which may arise under (a) FINDINGS.—Congress makes the fol- lower than in any other month since the be- the Geneva Conventions or other laws, or to lowing findings: ginning of the war. state all of the situations under which notifi- (1) The National D-Day Museum was offi- (24) As a consequence of the success of the cation to and access for the International cially designated by the Congress as ‘‘Amer- surge, the Government of Iraq has made sig- Committee of the Red Cross is required or al- ica’s National World War II Museum’’ in sec- nificant strides in advancing sectarian rec- lowed. tion 8134 of the Fiscal Year 2004 Defense Ap- onciliation and achieving political progress, (c) DEFINITIONS.—In this section: propriations Act (Public Law 108–87; 117 Stat. including the passage of key benchmark leg- (1) INSTRUMENTALITY.—The term ‘‘instru- 1103). islation. mentality’’, with respect to an element of (2) The Museum received the national des- (25) As a consequence of the success of the the intelligence community, means a con- ignation because it is the only museum in surge, the Iraqi Security Forces have im- tractor or subcontractor at any tier of the the United States that exists for the exclu- proved markedly and approximately 70 per- element of the intelligence community. sive purpose of interpreting the American cent of Iraqi combat battalions are now lead- (2) INTELLIGENCE COMMUNITY.—The term experience during World War II, years 1939- ing operations in their areas. ‘‘intelligence community’’ has the meaning 1945, on both the battlefront and the home- (26) As a consequence of the success of the given that term in section 3(4) of the Na- front. In doing so, the Museum covers all of surge, General Petraeus concluded in 2008 tional Security Act of 1947 (50 U.S.C. 401a(4)). the branches of the Armed Forces and the that conditions on the ground in Iraq could Merchant Marine. permit the additional brigades and battal- SA 5370. Ms. LANDRIEU submitted (3) A one-time $50,000,000 grant to the ions dispatched to Iraq in 2007 as part of the an amendment intended to be proposed World War II Museum Foundation would pro- surge to be safely redeployed without re- by her to the bill S. 3001, to authorize vide vital Federal support for the U.S. Free- placement, and all such brigades and battal- appropriations for fiscal year 2009 for dom Pavilion portion of the current Museum ions have been successfully withdrawn with- military activities of the Department expansion. (4) The U.S. Freedom Pavilion will be the out replacement. of Defense, for military construction, (b) SENSE OF SENATE.—It is the sense of the main entrance building to the main theater, Senate to— and for defense activities of the De- exhibit halls, and other pavilions in the Mu- (1) commend and express its gratitude to partment of Energy, to prescribe mili- seum. Among its major exhibits, the Free- the men and women of the United States tary personnel strengths for such fiscal dom Pavilion will contain an interactive ex- Armed Forces for the service, sacrifices, and year, and for other purposes; which was hibition honoring all of the World War II vet- heroism that made the success of the troop ordered to lie on the table; as follows: erans who have also served the Nation as President or as a member of the Senate or surge in Iraq possible; On page 452, between lines 9 and 10, insert House of Representatives. (2) commend and express its gratitude to the following: General David H. Petraeus, General Ray- (b) AUTHORIZATION OF APPROPRIATIONS.—Of SEC. 2806. EXPANSION OF AUTHORITY FOR PILOT the amount appropriated pursuant to the au- mond Odierno, and Ambassador Ryan Crock- PROJECTS FOR ACQUISITION OR er for the distinguished wartime leadership CONSTRUCTION OF MILITARY UNAC- thorization of appropriations under section that made the success of the troop surge in COMPANIED HOUSING. 301(1), $50,000,000 may be made available for a Iraq possible; Section 2881a of title 10, United States grant to the National World War II Museum (3) recognize the success of the troop surge Code, is amended— Foundation for the museum in New Orleans, in Iraq and its strategic significance in ad- (1) in subsection (a)— Louisiana, designated as America’s National vancing the vital national interests of the (A) by striking ‘‘The Secretary of the World War II Museum by section 8134 of the United States in Iraq, the Middle East, and Navy’’ and inserting ‘‘(1) The Secretary of Department of Defense Appropriations Act, the world, in particular as a strategic vic- the Navy’’; and 2005 (Public Law 108–87; 117 Stat. 1103). tory in a central front of the war on ter- (B) by adding at the end the following new rorism; and paragraph: SA 5372. Mr. NELSON of Nebraska (4) recognize that the hard-won gains ‘‘(2) The Secretary of the Army shall carry submitted an amendment intended to achieved as a result of the troop surge in out a pilot project under the authority of be proposed by him to the bill S. 3001,

VerDate Aug 31 2005 04:19 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.050 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8296 CONGRESSIONAL RECORD — SENATE September 10, 2008 to authorize appropriations for fiscal At the end of subtitle C of title V, add the OFFICERS.—The table in section 12011(a) of year 2009 for military activities of the following: title 10, United States Code, is amended— (1) by striking the matter relating to the Department of Defense, for military SEC. 539. AUTHORIZED STRENGTH AND DIS- construction, and for defense activities TRIBUTION IN GRADE OF CERTAIN Army National Guard and the Marine Corps of the Department of Energy, to pre- NATIONAL GUARD AND RESERVE OF- Reserve and inserting the following new scribe military personnel strengths for FICERS AND ARMY NATIONAL matter: such fiscal year, and for other pur- GUARD ENLISTED PERSONNEL. poses; which was ordered to lie on the (a) STRENGTH AND GRADE AUTHORIZATIONS table; as follows: FOR CERTAIN NATIONAL GUARD AND RESERVE

Lieuten- ‘‘Army National Guard: Major ant Colo- Colonel nel

20,000 ...... 1,500 850 325 22,000 ...... 1,650 930 350 24,000 ...... 1,790 1,010 378 26,000 ...... 2,070 1,168 420 28,000 ...... 1,930 1,085 395 30,000 ...... 2,200 1,245 445 32,000 ...... 2,330 1,315 460 34,000 ...... 2,450 1,385 470 36,000 ...... 2,570 1,455 480 38,000 ...... 2,670 1,527 490 40,000 ...... 2,770 1,590 500 42,000 ...... 2,837 1,655 505

Lieuten- ‘‘Marine Corps Reserve: Major ant Colo- Colonel nel

1,000 ...... 99 63 20 1,200 ...... 103 67 21 1,300 ...... 107 70 22 1,400 ...... 111 73 23 1,500 ...... 114 76 24 1,600 ...... 117 79 25 1,700 ...... 120 82 26 1,800 ...... 123 85 27 1,900 ...... 126 88 28 2,000 ...... 129 91 29 2,100 ...... 132 94 30 2,200 ...... 134 97 31 2,300 ...... 136 100 32 2,400 ...... 138 103 33 2,500 ...... 140 106 34 2,600 ...... 142 109 35’’.

(2) by striking the matter relating to the Air National Guard and inserting the fol- lowing new matter:

Lieuten- ‘‘Air National Guard: Major ant Colo- Colonel nel

5,000 ...... 333 335 251 6,000 ...... 403 394 260 7,000 ...... 472 453 269 8,000 ...... 539 512 278 9,000 ...... 606 571 287 10,000 ...... 673 665 313 11,000 ...... 740 759 339 12,000 ...... 807 827 353 13,000 ...... 873 886 363 14,000 ...... 939 945 374 15,000 ...... 1,005 1,001 384 16,000 ...... 1,067 1,057 394 17,000 ...... 1,126 1,113 404 18,000 ...... 1,185 1,169 414 19,000 ...... 1,235 1,224 424 20,000 ...... 1,283 1,280 428’’.

(b) STRENGTH AND GRADE AUTHORIZATION SONNEL.—The table in section 12012(a) of such lating to the Army National Guard and in- FOR CERTAIN ARMY NATIONAL GUARD PER- title is amended by striking the matter re- serting the following new matter:

‘‘Army National Guard: E–8 E–9

20,000 ...... 1,650 550 22,000 ...... 1,775 615 24,000 ...... 1,950 645 26,000 ...... 2,100 675 28,000 ...... 2,250 715 30,000 ...... 2,400 735 32,000 ...... 2,500 760 34,000 ...... 2,600 780

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.056 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8297

‘‘Army National Guard: E–8 E–9

36,000 ...... 2,700 800 38,000 ...... 2,800 820 40,000 ...... 2,900 830 42,000 ...... 3,000 840’’.

SA 5373. Mr. NELSON of Nebraska partner in the battle against al Qaeda and (E) safeguarding the peace and security of submitted an amendment intended to the Taliban. South Asia, including by facilitating peace- be proposed by him to the bill S. 3001, (5) The struggle against al Qaeda, the ful relations between Pakistan and its neigh- to authorize appropriations for fiscal Taliban, and affiliated terrorist groups has bors. led to the deaths of several thousand Paki- year 2009 for military activities of the (12) According to consistent opinion re- stani civilians and members of the security search, including that of the Pew Global At- Department of Defense, for military forces of Pakistan over the past 6 years. titudes Survey (December 28, 2007) and the construction, and for defense activities (6) Since the terrorist attacks of Sep- International Republican Institute (January of the Department of Energy, to pre- tember 11, 2001, more al Qaeda terrorist sus- 29, 2008), many people in Pakistan have his- scribe military personnel strengths for pects have been apprehended in Pakistan torically viewed the relationship between such fiscal year, and for other pur- than in any other country, including Khalid the United States and Pakistan as a trans- poses; which was ordered to lie on the Sheikh Muhammad, Ramzi bin al-Shibh, and actional one, characterized by a heavy em- table; as follows: Abu Faraj al-Libi. phasis on security issues with little atten- (7) Despite the sacrifices and cooperation tion to other matters of great interest to At the end of subtitle E of title VI, add the of the security forces of Pakistan, the top following: citizens of Pakistan. leadership of al Qaeda, as well as the leader- (13) The election of a civilian government SEC. 652. AUTHORITY TO CONTINUE PROVISION ship and rank-and-file of affiliated terrorist OF INCENTIVES AFTER TERMI- in Pakistan in February 2008 provides an op- groups, are believed to use Pakistan’s Feder- portunity, after nearly a decade of military- NATION OF TEMPORARY ARMY AU- ally Administered Tribal Areas (FATA) as a THORITY TO PROVIDE ADDITIONAL dominated rule, to place relations between haven and a base from which to organize ter- RECRUITMENT INCENTIVES. Pakistan and the United States on a new and rorist actions in Pakistan and with global Subsection (i) of section 681 of the National more stable foundation. reach. Defense Authorization Act for Fiscal Year (14) Both the Government of Pakistan and (8) According to a Government Account- 2006 (Public Law 109–163; 119 Stat. 3321) is the United States Government should seek ability Office Report, (GAO–08–622), ‘‘since amended to read as follows: to enhance the bilateral relationship ‘‘(i) TERMINATION OF AUTHORITY.— 2003, the administration’s national security strategies and Congress have recognized that through additional multi-faceted engage- ‘‘(1) IN GENERAL.—The Secretary may not ment in order to strengthen the foundation develop an incentive under this section, or a comprehensive plan that includes all ele- ments of national power— diplomatic, mili- for a consistent and reliable long-term part- first provide an incentive developed under nership between the two countries. this section to an individual, after December tary, intelligence, development assistance, 31, 2009. economic, and law enforcement support— SEC. 1243. DEFINITIONS. ‘‘(2) CONTINUATION OF INCENTIVES.—Nothing was needed to address the terrorist threat In this subtitle: in paragraph (1) shall be construed to pro- emanating from the FATA’’ and that such a (1) APPROPRIATE CONGRESSIONAL COMMIT- hibit or limit the continuing provision to an strategy was also mandated by section TEES.—The term ‘‘appropriate congressional individual after the date specified in that 7102(b)(3) of the Intelligence Reform and Ter- committees’’ means the Committees on Ap- paragraph of an incentive first provided the rorism Prevention Act of 2004 (Public Law propriations and Foreign Relations of the individual under this section before that 108–458; 22 U.S.C. 2656f note) and section Senate and the Committees on Appropria- date.’’. 2042(b)(2) of the Implementing the Rec- ommendations of the 9/11 Commission Act of tions and Foreign Affairs of the House of SA 5374. Mr. REID (for Mr. BIDEN (for 2007 (Public Law 110–53; 22 U.S.C. 2375 note). Representatives. himself, Mr. KERRY, and Mr. HAGEL)) (9) According to United States military (2) COUNTERINSURGENCY.—The term submitted an amendment intended to sources and unclassified intelligence reports, ‘‘counterinsurgency’’ means efforts to defeat including the July 2007 National Intelligence organized movements that seek to overthrow be proposed by Mr. REID to the bill S. the duly constituted Governments of Paki- 3001, to authorize appropriations for Estimate entitled, ‘‘The Terrorist Threat to the U.S. Homeland’’, the Taliban, al Qaeda, stan and Afghanistan through the use of sub- fiscal year 2009 for military activities and their Pakistani affiliates continue to use version and armed conflict. of the Department of Defense, for mili- territory in Pakistan as a haven, recruiting (3) COUNTERTERRORISM.—The term tary construction, and for defense ac- location, and rear base for violent actions in ‘‘counterterrorism’’ means efforts to combat tivities of the Department of Energy, both Afghanistan and Pakistan, as well as al Qaeda and other foreign terrorist organi- to prescribe military personnel attacks globally, and pose a threat to the zations that are designated by the Secretary strengths for such fiscal year, and for United States homeland. of State in accordance with section 219 of the other purposes; which was ordered to (10) The toll of terrorist attacks, including Immigration and Nationality Act (8 U.S.C. 1189). lie on the table; as follows: suicide bombs, on the people of Pakistan in- clude thousands of citizens killed and wound- (4) FATA.—The term ‘‘FATA’’ means the On page 360, after line 20, add the fol- ed across the country, over 1,400 military Federally Administered Tribal Areas of lowing: and police forces killed (including 700 since Pakistan. Subtitle E—Enhanced Partnership With July 2007), and dozens of tribal, provincial, (5) NWFP.—The term ‘‘NWFP’’ means the Pakistan and national officials targeted and killed, as North West Frontier Province of Pakistan, SEC. 1241. SHORT TITLE. well as the brazen assassination of former which has Peshawar as its provincial capital. This subtitle may be cited as the ‘‘En- prime minister Benazir Bhutto while cam- (6) PAKISTAN-AFGHANISTAN BORDER AREAS.— hanced Partnership with Pakistan Act of paigning in Rawalpindi on December 27, 2007, The term ‘‘Pakistan-Afghanistan border 2008’’. and several attempts on the life of President areas’’ includes the Pakistan regions known SEC. 1242. FINDINGS. Pervaiz Musharraf, and the rate of such at- as NWFP, FATA, and parts of Balochistan in Congress makes the following findings: tacks have grown considerably over the past which the Taliban or Al Qaeda have tradi- (1) The people of Pakistan and the United 2 years. tionally found refuge. States have a long history of friendship and (11) The people of Pakistan and the United (7) SECURITY-RELATED ASSISTANCE.—The comity, and the vital interests of both na- States share many compatible goals, includ- term ‘‘security-related assistance’’ means— tions are well-served by strengthening and ing— (A) grant assistance to carry out section 23 deepening this friendship. (A) combating terrorism and violent radi- of the Arms Export Control Act (22 U.S.C. (2) In February 2008, the people of Pakistan calism, both inside Pakistan and elsewhere; 2763); elected a civilian government, reversing (B) solidifying democracy and the rule of (B) assistance under chapter 2 of part II of months of political tension and intrigue, as law in Pakistan; the Foreign Assistance Act of 1961 (22 U.S.C. well as mounting popular concern over gov- (C) promoting the economic development 2311 et seq.); ernance and their own democratic reform of Pakistan, both through the building of in- (C) assistance under chapter 5 of part II of and political development. frastructure and the facilitation of increased the Foreign Assistance Act of 1961 (22 U.S.C. (3) A democratic, moderate, modernizing trade; 2347 et seq.); Pakistan would represent the wishes of that (D) promoting the social and material (D) any equipment, supplies, and training country’s populace, and serve as a model to well-being of Pakistani citizens, particularly provided pursuant to section 1206 of the Na- other countries around the world. through development of such basic services tional Defense Authorization Act for Fiscal (4) Pakistan is a major non-NATO ally of as public education, access to potable water, Year 2006 (Public Law 109–163; 119 Stat. 3456); the United States, and has been a valuable and medical treatment; and and

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.056 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8298 CONGRESSIONAL RECORD — SENATE September 10, 2008 (E) any equipment, supplies, and training (A) political pluralism, equality, and the (E) any negative impact, including the ab- provided pursuant to section 1206 of the Na- rule of law; sorptive capacity of the region for which the tional Defense Authorization Act for Fiscal (B) respect for human and civil rights; resources are intended, of United States bi- Year 2008 (Public Law 110–181; 122 Stat. 368). (C) independent, efficient, and effective ju- lateral or multilateral assistance and rec- (8) SECURITY FORCES OF PAKISTAN.—The dicial systems; ommendations for modification of funding, if term ‘‘security forces of Pakistan’’ means (D) transparency and accountability of all any. the military, paramilitary, and intelligence branches of government and judicial pro- (j) SENSE OF CONGRESS ON FUNDING OF PRI- services of the Government of Pakistan, in- ceedings; and ORITIES.—It is the sense of Congress that the cluding the armed forces, Inter-Services In- (E) anticorruption efforts among police, Government of Pakistan should allocate a telligence Directorate, Intelligence Bureau, civil servants, elected officials, and all levels greater portion of its budget, consistent with police forces, Frontier Corps, and Frontier of government administration, including the its ‘‘Poverty Reduction Strategy Paper’’, to Constabulary. military; the recurrent costs associated with edu- SEC. 1244. STATEMENT OF POLICY. (2) economic freedom, including— cation, health, and other priorities described It is the policy of the United States— (A) private sector growth and the sustain- in this section. (1) to support the consolidation of democ- able management of natural resources; SEC. 1246. LIMITATION ON CERTAIN ASSISTANCE. racy, good governance, and rule of law in (B) market forces in the economy; and (a) LIMITATION ON CERTAIN MILITARY AS- Pakistan; (C) worker rights, including the right to SISTANCE.—Beginning in fiscal year 2010, no (2) to affirm and build a sustained, long- form labor unions and legally enforce provi- grant assistance to carry out section 23 of term, multifaceted relationship with Paki- sions safeguarding the rights of workers and the Arms Export Control Act (22 U.S.C. 2763) stan; local community stakeholders; and and no assistance under chapter 2 of part II (3) to further the sustainable economic de- (3) investments in people, particularly of the Foreign Assistance Act of 1961 (22 velopment of Pakistan and the improvement women and children, including— U.S.C. 2311 et seq.) may be provided to Paki- of the living conditions of its citizens by ex- (A) broad-based public primary and sec- stan in a fiscal year until the Secretary of panding United States bilateral engagement ondary education and vocational training for State makes the certification required under with the Government of Pakistan, especially both boys and girls; subsection (c). in areas of direct interest and importance to (B) the construction of roads, irrigation (b) LIMITATION ON ARMS TRANSFERS.—Be- the daily lives of the people of Pakistan; channels, wells, and other physical infra- ginning in fiscal year 2012, no letter of offer (4) to work with Pakistan and the coun- structure; to sell major defense equipment to Pakistan tries bordering Pakistan to facilitate peace (C) agricultural development to ensure may be issued pursuant to the Arms Export in the region and harmonious relations be- food staples in times of severe shortage; Control Act (22 U.S.C. 2751 et seq.) and no li- tween the countries of the region; (D) quality public health, including med- cense to export major defense equipment to (5) to work with the Government of Paki- ical clinics with well trained staff serving Pakistan may be issued pursuant to such Act stan to prevent any Pakistani territory from rural and urban communities; and in a fiscal year until the Secretary of State being used as a base or conduit for terrorist (E) public-private partnerships in higher makes the certification required under sub- attacks in Pakistan, Afghanistan, or else- education to ensure a breadth and consist- section (c). (c) CERTIFICATION.—The certification re- where in the world; ency of Pakistani graduates to help quired by this subsection is a certification to (6) to work in close cooperation with the strengthen the foundation for improved gov- the appropriate congressional committees by Government of Pakistan to coordinate mili- ernance and economic vitality. the Secretary of State, after consultation tary and paramilitary action against ter- (e) PREFERENCE FOR BUILDING LOCAL CA- with the Secretary of Defense and the Direc- rorist targets; PACITY.—The President is encouraged, as ap- tor of National Intelligence, that the secu- (7) to work with the Government of Paki- propriate, to utilize Pakistani firms and rity forces of Pakistan— stan to help bring peace, stability, and devel- community and local nongovernmental orga- (1) are making concerted efforts to prevent opment to all regions of Pakistan, especially nizations in Pakistan to provide assistance al Qaeda and associated terrorist groups those in the Pakistan-Afghanistan border under this section. from operating in the territory of Pakistan; areas, including support for an effective (f) AUTHORITY TO USE FUNDS FOR OPER- (2) are making concerted efforts to prevent counterinsurgency strategy; and ATIONAL EXPENSES.—Funds authorized by the Taliban from using the territory of Paki- (8) to expand people-to-people engagement this section may be used for operational ex- stan as a sanctuary from which to launch at- between the United States and Pakistan, penses. Funds may also be made available to tacks within Afghanistan; and through increased educational, technical, the Inspector General of the United States (3) are not materially interfering in the po- and cultural exchanges and other methods. Agency for International Development to provide audits and program reviews of litical or judicial processes of Pakistan. SEC. 1245. AUTHORIZATION OF FUNDS. projects funded pursuant to this section. (d) WAIVER.—The Secretary of State may (a) AUTHORIZATION.—There are authorized (g) USE OF SPECIAL AUTHORITY.—The Presi- waive the limitations in subsections (a) and to be appropriated to the President, for the dent is encouraged to utilize the authority of (b) if the Secretary determines it is in the purposes of providing assistance to Pakistan section 633(a) of the Foreign Assistance Act national security interests of the United under the Foreign Assistance Act of 1961 (22 of 1961 (22 U.S.C. 2393(a)) to expedite assist- States to provide such waiver. U.S.C. 2151 et seq.), the following amounts: ance to Pakistan under this section. (e) PRIOR NOTICE OF WAIVER.—A waiver (1) For fiscal year 2009, up to $1,500,000,000. (h) USE OF FUNDS.—Funds appropriated or pursuant to subsection (d) may not be exer- (2) For fiscal year 2010, up to $1,500,000,000. otherwise made available to carry out this cised until 15 days after the Secretary of (3) For fiscal year 2011, up to $1,500,000,000. section shall be utilized to the maximum ex- State provides to the appropriate congres- (4) For fiscal year 2012, up to $1,500,000,000. tent possible as direct expenditures for sional committees written notice of the in- (5) For fiscal year 2013, up to $1,500,000,000. projects and programs by the United States tent to issue such waiver and the reasons (b) SENSE OF CONGRESS ON ECONOMIC SUP- mission in Pakistan, subject to existing re- therefor. PORT FUNDS.—It is the sense of Congress porting and notification requirements. that, subject to an improving political and SEC. 1247. COALITION SUPPORT FUNDS. (i) NOTIFICATION REQUIREMENTS.— economic climate, there should be author- (a) ACCOUNTING REPORTS.—Not later than (1) NOTICE OF ASSISTANCE FOR BUDGET SUP- ized to be appropriated up to $1,500,000,000 per May 1 and November 1 of each year, the PORT.—The President shall notify Congress year for fiscal years 2014 through 2018 for the President shall submit to the appropriate not later than 15 days before providing any purpose of providing assistance to Pakistan congressional committees and the Commit- assistance under this section as budgetary under the Foreign Assistance Act of 1961. tees on Armed Services of the Senate and the support to the Government of Pakistan or (c) SENSE OF CONGRESS ON SECURITY-RE- House of Representatives a complete ac- LATED ASSISTANCE.—It is the sense of Con- any element of such Government. counting of the Coalition Support Fund pay- gress that security-related assistance to the (2) ANNUAL REPORT.—The President shall ments made to Pakistan for the preceding Government of Pakistan should be provided submit to the appropriate congressional two fiscal quarters. The accounting shall in- in close coordination with the Government committees a report on assistance provided clude a description of each claim presented of Pakistan, designed to improve the Govern- under this section. The report shall de- by the Government of Pakistan and reim- ment’s capabilities in areas of mutual con- scribe— bursed by the United States, in sufficient de- cern, and maintained at a level that will (A) all expenditures under this section, by tail to permit Congress to provide effective bring significant gains in pursuing the poli- region; oversight. cies set forth in paragraphs (5), (6), and (7) of (B) the intended purpose for such assist- (b) PROHIBITION ON REIMBURSEMENT WITH- section 1244. ance, the strategy or plan with which it is OUT ACCOUNTING REPORT.—Except as pro- (d) USE OF FUNDS.—Funds appropriated aligned, and a timeline for completion asso- vided in subsection (c), no claim for funding pursuant to the authorization of appropria- ciated with such strategy or plan; under the Coalition Support Fund made after tions under this section shall be used for (C) the partner or partners contracted for the date of the enactment of this Act may be projects determined by an objective measure that purpose, as well as a measure of the ef- paid until the President has submitted the to be of clear benefit to the people of Paki- fectiveness of the partner or partners; accounting described in subsection (a) for stan, including projects that promote— (D) any shortfall in financial, physical, the most recent two fiscal quarters. (1) just and democratic governance, includ- technical, or human resources that hinder ef- (c) WAIVER.—The Secretary of Defense may ing— fective use and monitoring of such funds; and waive the prohibition in subsection (b) for a

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.054 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8299 nonrenewable 6-month period for an indi- ‘‘§ 411k. Travel and transportation allow- ‘‘§ 2263. United States contributions to the vidual Coalition Support Fund claim if the ances: long distance travel to inactive duty North Atlantic Treaty Organization com- Secretary submits to the committees de- training performed by members of the re- mon-funded budgets scribed in subsection (a) a written certifi- serve components of the armed forces ‘‘(a) IN GENERAL.—The total amount con- cation that such waiver is in the national se- ‘‘(a) ALLOWANCE AUTHORIZED.—The Sec- tributed by the Secretary of Defense in any curity interests of the United States. retary concerned may reimburse a member fiscal year for the common-funded budgets of (d) FORM.—The report required under sub- of a reserve component of the armed forces NATO may be an amount in excess of the section (a) shall be submitted in unclassified for expenses incurred in connection with maximum amount that would otherwise be form, but may include a classified annex. round-trip travel in excess of 100 miles to an applicable to those contributions in such fis- The unclassified portion shall be submitted inactive duty training location, including cal year under the fiscal year 1998 baseline in a searchable electronic format. mileage traveled and lodging and subsist- limitation. SEC. 1248. AFGHANISTAN-PAKISTAN BORDER ence. ‘‘(b) REPORTS.—(1) Not later than October STRATEGY. ‘‘(b) RATES OF REIMBURSEMENT.— 30 each year, the Secretary of Defense shall (a) DEVELOPMENT OF COMPREHENSIVE ‘‘(1) MILEAGE.—In determining the amount submit to the congressional defense commit- STRATEGY.—The Secretary of State, in con- of allowances or reimbursement to be paid tees a report on the contributions made by sultation with the Secretary of Defense, the for mileage traveled under this section, the the Secretary to the common-funded budgets Director of National Intelligence, and such Secretary concerned shall use the mileage of NATO in the preceding fiscal year. other government officials as may be appro- reimbursement rate for the use of privately ‘‘(2) Each report under paragraph (1) shall priate, shall develop a comprehensive, cross- owned vehicles by Government employees on include, for the fiscal year covered by such border strategy for working with the Gov- official business (when a Government vehicle report, the following: ernment of Pakistan, the Government of Af- is available), as prescribed by the Adminis- ‘‘(A) The amounts contributed by the Sec- ghanistan, NATO, and other like-minded al- trator of General Services under section retary to each of the separate budgets and lies to best implement effective counter- 5707(b) of title 5. programs of the North Atlantic Treaty Orga- terrorism and counterinsurgency measurers ‘‘(2) LODGING AND SUBSISTENCE.—In deter- nization under the common-funded budgets in and near the border areas of Pakistan and mining the amount of allowances or reim- of NATO. Afghanistan, especially in known or sus- bursement to be paid for lodging and subsist- ‘‘(B) For each budget and program to pected safe havens such as Pakistan’s FATA, ence under this section, the Secretary con- which the Secretary made such a contribu- the NWFP, parts of Balochistan, and other cerned shall use the per diem rate as pre- tion, the percentage of such budget or pro- critical areas in the south and east border scribed by the Administrator of General gram during the fiscal year that such con- areas of Afghanistan. Services under section 5707 of title 5. tribution represented. ‘‘(c) DEFINITIONS.—In this section: (b) REPORT.—Not later than June 1, 2009, ‘‘(3) AUTHORITY TO REIMBURSE AT HIGHER the Secretary of State shall submit to the RATES.—Subject to the availability of appro- ‘‘(1) COMMON-FUNDED BUDGETS OF NATO.— appropriate congressional committees a de- priations and the approval of the Secretary The term ‘common-funded budgets of NATO’ tailed description of a comprehensive strat- of Defense, the Secretary concerned may means the Military Budget, the Security In- egy for counterterrorism and counter- modify the amount of allowances or reim- vestment Program, and the Civil Budget of insurgency in the FATA, as well as proposed bursement to be paid under this section the North Atlantic Treaty Organization (and timelines and budgets for implementing the using reimbursement rates in excess of those any successor or additional account or pro- strategy. prescribed under paragraphs (1) and (2). gram of NATO). ‘‘(2) FISCAL YEAR 1998 BASELINE LIMITA- SEC. 1249. SENSE OF CONGRESS. ‘‘(c) REGULATIONS.—The Secretary con- cerned shall prescribe regulations to carry TION.—The term ‘fiscal year 1998 baseline It is the sense of Congress that the United out this section. Regulations prescribed by limitation’ means the maximum annual States should— the Secretary of a military department shall amount of Department of Defense contribu- (1) recognize the bold political steps the be subject to the approval of the Secretary of tions for common-funded budgets of NATO Pakistan electorate has taken during a time Defense.’’. that is set forth as the annual limitation in of heightened sensitivity and tension in 2007 section 3(2)(C)(ii) of the resolution of the (2) CLERICAL AMENDMENT.—The table of and 2008 to elect a new civilian government; sections at the beginning of chapter 7 of such Senate giving the advice and consent of the (2) seize this strategic opportunity in the title is amended by inserting after the item Senate to the ratification of the Protocols to interests of Pakistan as well as in the na- relating to section 411j the following new the North Atlantic Treaty of 1949 on the Ac- tional security interests of the United States item: cession of Poland, Hungary, and the Czech to expand its engagement with the Govern- Republic (as defined in section 4(7) of that ment and people of Pakistan in areas of par- ‘‘411k. Travel and transportation allowances: resolution), approved by the Senate on April ticular interest and importance to the people long distance travel to inactive 30, 1998.’’. of Pakistan; and duty training performed by (2) CLERICAL AMENDMENT.—The table of (3) continue to build a responsible and re- members of the reserve compo- sections at the beginning of subchapter II of ciprocal security relationship taking into ac- nents of the armed forces.’’. chapter 134 of such title is amended by add- count the national security interests of the (b) EFFECTIVE DATE.—The amendments ing at the end the following new item: United States as well as regional and na- made by subsection (a) shall apply with re- ‘‘2263. United States contributions to the tional dynamics in Pakistan to further spect to travel expenses incurred after the North Atlantic Treaty Organi- strengthen and enable the position of Paki- expiration of the 90-day period that begins zation common-funded budg- stan as a major non-NATO ally. on the date of the enactment of this Act. ets.’’. (b) EFFECTIVE DATE.—The amendments SA 5375. Mr. COLEMAN (for himself, SA 5376. Mr. WARNER (for himself made by this section shall take effect on Oc- Mrs. LINCOLN, and Mr. CHAMBLISS) sub- and Mr. LEVIN) submitted an amend- tober 1, 2008, and shall apply to fiscal years mitted an amendment intended to be ment intended to be proposed by him that begin on or after that date. proposed by him to the bill S. 3001, to to the bill S. 3001, to authorize appro- authorize appropriations for fiscal year priations for fiscal year 2009 for mili- SA 5377. Mr. INHOFE submitted an 2009 for military activities of the De- tary activities of the Department of amendment intended to be proposed by partment of Defense, for military con- Defense, for military construction, and him to the bill S. 3001, to authorize ap- struction, and for defense activities of for defense activities of the Depart- propriations for fiscal year 2009 for the Department of Energy, to prescribe ment of Energy, to prescribe military military activities of the Department military personnel strengths for such personnel strengths for such fiscal of Defense, for military construction, fiscal year, and for other purposes; year, and for other purposes; which was and for defense activities of the De- which was ordered to lie on the table; ordered to lie on the table; as follows: partment of Energy, to prescribe mili- tary personnel strengths for such fiscal as follows: Strike section 1003 and insert the fol- At the end of subtitle C of title VI, add the lowing: year, and for other purposes; which was ordered to lie on the table; as follows: following: SEC. 1003. CODIFICATION OF RECURRING AU- SEC. 634. TRAVEL AND TRANSPORTATION ALLOW- THORITY ON UNITED STATES CON- On page 454, after line 21, add the fol- ANCES FOR MEMBERS OF THE RE- TRIBUTIONS TO THE NORTH ATLAN- lowing: SERVE COMPONENTS FOR LONG DIS- TIC TREATY ORGANIZATION COM- SEC. 2814. VEGETATION MAINTENANCE PLAN TANCE TRAVEL TO INACTIVE DUTY MON-FUNDED BUDGETS. FOR DEPARTMENT OF DEFENSE TRAINING. (a) CODIFICATION OF AUTHORITY.— TRAINING RANGES. (a) ALLOWANCES AUTHORIZED.— (1) IN GENERAL.—Subchapter II of chapter (a) PLAN REQUIRED.—The Secretary of De- (1) IN GENERAL.—Chapter 7 of title 37, 134 of title 10, United States Code, is amend- fense shall submit concurrently with the United States Code, is amended by inserting ed by adding at the end the following new budget materials submitted to Congress for after section 411j the following new section: section: fiscal year 2010 a vegetation maintenance

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plan for all Department of Defense training (c) POSTAL BENEFITS DESCRIBED.— (h) FUNDING.—Of the amounts authorized ranges identifying measures to prevent (1) VOUCHERS.—The postal benefits pro- to be appropriated for the Department of De- training range encroachment, identify recov- vided under the program shall consist of fense for fiscal year 2008 for military per- erable acreage, and sustain any potential re- such coupons or other similar evidence of sonnel, $10,000,000 shall be for postal benefits covery. credit, whether in printed, electronic, or provided in this section. (b) CONTENT.—The plan submitted under other format (in this section referred to as a subsection (a) shall include— ‘‘voucher’’), as the Secretary of Defense, in SA 5380. Mrs. CLINTON submitted an (1) a survey of all Department of Defense consultation with the Postal Service, shall amendment intended to be proposed by training ranges and the impact of vegetation determine, which entitle the bearer or user her to the bill S. 3001, to authorize ap- on the loss of training range acreage; to make qualified mailings free of postage. (2) an estimate of the funds required, iden- propriations for fiscal year 2009 for (2) QUALIFIED MAILING.—In this section, the military activities of the Department tified by installation, for vegetation man- term ‘‘qualified mailing’’ means the mailing agement; of a single mail piece which— of Defense, for military construction, (3) a ranking of probable adverse training (A) is first-class mail (including any sound- and for defense activities of the De- impacts by installation; and recorded or video-recorded communication) partment of Energy, to prescribe mili- (4) a proposed five-year plan, and projected not exceeding 13 ounces in weight and having tary personnel strengths for such fiscal budgetary resources needed by year, to sus- the character of personal correspondence or year, and for other purposes; which was tain the vegetation management gains pro- parcel post not exceeding 10 pounds in ordered to lie on the table; as follows: posed by the plan. weight; At the end of subtitle G of title V, add the (B) is sent from within an area served by a following: SA 5378. Mr. INHOFE submitted an United States post office; and amendment intended to be proposed by (C) is addressed to a qualified individual. SEC. 587. COLD WAR SERVICE MEDAL. him to the bill S. 3001, to authorize ap- (3) COORDINATION RULE.—Postal benefits (a) AUTHORITY.—Chapter 57 of title 10, propriations for fiscal year 2009 for under the program are in addition to, and United States Code, is amended by adding at military activities of the Department not in lieu of, any reduced rates of postage the end the following new section: of Defense, for military construction, or other similar benefits which might other- ‘‘§ 1135. Cold War service medal and for defense activities of the De- wise be available by or under law, including ‘‘(a) MEDAL AUTHORIZED.—The Secretary partment of Energy, to prescribe mili- any rates of postage resulting from the ap- concerned shall issue a service medal, to be plication of section 3401(b) of title 39, United known as the ‘Cold War service medal’, to tary personnel strengths for such fiscal States Code. year, and for other purposes; which was persons eligible to receive the medal under (d) NUMBER OF VOUCHERS.—A member of subsection (b). The Cold War service medal ordered to lie on the table; as follows: the Armed Forces shall be eligible for one shall be of an appropriate design approved by At the end of subtitle D of title II, add the voucher for every second month in which the the Secretary of Defense, with ribbons, lapel following: member is a qualified individual. pins, and other appurtenances. SEC. 257. REPORT ON THE ACCELERATION OF RE- (e) LIMITATIONS ON USE; DURATION.—A ‘‘(b) ELIGIBLE PERSONS.—The following per- SEARCH, DEVELOPMENT, AND voucher may not be used— sons are eligible to receive the Cold War FIELDING OF LIFE-PRESERVING (1) for more than a single qualified mail- BLOOD TECHNOLOGIES. service medal: ing; or ‘‘(1) A person who— (a) REPORT REQUIRED.—Not later than (2) after the earlier of— March 30, 2009, the Secretary of Defense shall ‘‘(A) performed active duty or inactive (A) the expiration date of the voucher, as submit to Congress a report setting forth an duty training as an enlisted member during designated by the Secretary of Defense; or assessment of the feasability and advis- the Cold War; (B) the end of the one-year period begin- ability of accelerating research, develop- ‘‘(B) completed the person’s initial term of ment, and fielding of blood technologies that ning on the date on which the regulations enlistment or, if discharged before comple- will improve the capacity to save lives of prescribed under subsection (f) take effect. tion of such initial term of enlistment, was members of the Armed Forces receiving com- (f) REGULATIONS.—Not later than 30 days honorably discharged after completion of not bat care. after the date of the enactment of this Act, less than 180 days of service on active duty; (b) COVERED TECHNOLOGIES.—The tech- the Secretary of Defense (in consultation and nologies to be addressed by the report re- with the Postal Service) shall prescribe such ‘‘(C) has not received a discharge less fa- quired by subsection (a) shall include, but regulations as may be necessary to carry out vorable than an honorable discharge or a re- not be limited to, extended life red blood the program, including— lease from active duty with a characteriza- cells, cryogenic storage of white blood cells, (1) procedures by which vouchers will be tion of service less favorable than honorable. cryo-preserved platelets, hemoglobin-based provided or made available in timely manner ‘‘(2) A person who— oxygen carriers, and freeze dried plasma. to qualified individuals; and ‘‘(A) performed active duty or inactive (2) procedures to ensure that the number of duty training as a commissioned officer or SA 5379. Mrs. CLINTON submitted an vouchers provided or made available with re- warrant officer during the Cold War; amendment intended to be proposed by spect to any qualified individual complies ‘‘(B) completed the person’s initial service her to the bill S. 3001, to authorize ap- with subsection (d). obligation as an officer or, if discharged or propriations for fiscal year 2009 for (g) TRANSFERS TO POSTAL SERVICE.— separated before completion of such initial military activities of the Department (1) BASED ON ESTIMATES.—The Secretary of service obligation, was honorably discharged of Defense, for military construction, Defense shall transfer to the Postal Service, after completion of not less than 180 days of out of amounts available to carry out the service on active duty; and and for defense activities of the De- program and in advance of each calendar ‘‘(C) has not been released from active duty partment of Energy, to prescribe mili- quarter during which postal benefits may be with a characterization of service less favor- tary personnel strengths for such fiscal used under the program, an amount equal to able than honorable and has not received a year, and for other purposes; which was the amount of postal benefits that the Sec- discharge or separation less favorable than ordered to lie on the table; as follows: retary estimates will be used during such an honorable discharge. On page 311, between lines 13 and 14, insert quarter, reduced or increased (as the case ‘‘(c) ONE AWARD AUTHORIZED.—Not more the following: may be) by any amounts by which the Sec- than one Cold War service medal may be SEC. 1083. POSTAL BENEFITS PROGRAM FOR retary finds that a determination under this issued to any person. MEMBERS OF THE ARMED FORCES section for a prior quarter was greater than ‘‘(d) ISSUANCE TO REPRESENTATIVE OF DE- SERVING IN IRAQ OR AFGHANISTAN. or less than the amount finally determined CEASED.—If a person described in subsection (a) AVAILABILITY OF POSTAL BENEFITS.— for such quarter. (b) dies before being issued the Cold War The Secretary of Defense, in consultation (2) BASED ON FINAL DETERMINATION.—A service medal, the medal shall be issued to with the United States Postal Service, shall final determination of the amount necessary the person’s representative, as designated by provide for a program under which postal to correct any previous determination under the Secretary concerned. benefits are provided to qualified individuals this section, and any transfer of amounts be- ‘‘(e) REPLACEMENT.—Under regulations pre- in accordance with this section. tween the Postal Service and the Depart- scribed by the Secretary concerned, a Cold (b) QUALIFIED INDIVIDUAL.—In this section, ment of Defense based on that final deter- War service medal that is lost, destroyed, or the term ‘‘qualified individual’’ means a mination, shall be made not later than six rendered unfit for use without fault or ne- member of the Armed Forces on active duty months after the end of the one-year period glect on the part of the person to whom it (as defined in section 101 of title 10, United referred to in subsection (e)(2)(B). was issued may be replaced without charge. States Code) who— (3) CONSULTATION REQUIRED.—All estimates ‘‘(f) APPLICATION FOR MEDAL.—The Cold (1) is serving in Iraq or Afghanistan; or and determinations under this subsection of War service medal shall be issued upon re- (2) is hospitalized at a facility under the the amount of postal benefits under the pro- ceipt by the Secretary concerned of an appli- jurisdiction of the Department of Defense as gram used in any period shall be made by the cation for such medal, submitted in accord- a result of a disease or injury incurred as a Secretary of Defense in consultation with ance with such regulations as the Secretary result of service in Iraq or Afghanistan. the Postal Service. prescribes.

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.068 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8301 ‘‘(g) UNIFORM REGULATIONS.—The Sec- military personnel strengths for such izing the President to extend an enlistment retary of Defense shall ensure that regula- fiscal year, and for other purposes; or period of obligated service, or suspend an tions prescribed by the Secretaries of the which was ordered to lie on the table; eligibility for retirement, of a member of the military departments under this section are as follows: uniformed services in time of war or of na- uniform so far as is practicable. tional emergency declared by Congress or ‘‘(h) COLD WAR DEFINED.—In this section, At the end of subtitle B of title XXVIII, the President. the term ‘Cold War’ means the period begin- add the following: ‘‘(c) MONTHLY AMOUNT.—The amount of ning on September 2, 1945, and ending at the SEC. 2814. PROJECT MODIFICATION, BARNEGAT special pay specified in this subsection is end of December 26, 1991.’’. INLET TO LITTLE EGG INLET, NEW $1,500 per month. JERSEY. (b) CLERICAL AMENDMENT.—The table of ‘‘(d) CONSTRUCTION WITH OTHER PAYS.— (a) IN GENERAL.—The project for hurricane sections at the beginning of such chapter is Special pay payable under this section is in and storm damage reduction, Barnegat Inlet amended by adding at the end the following addition to any other pay payable to mem- to Little Egg Inlet, New Jersey, authorized new item: bers of the uniformed services by law.’’. by section 101(a)(1) of the Water Resources ‘‘1135. Cold War service medal.’’. (2) CLERICAL AMENDMENT.—The table of Development Act of 2000 (114 Stat. 2576), is sections at the beginning of chapter 5 of such modified to authorize the Secretary of the SA 5381. Mr. SCHUMER submitted an title is amended by inserting after the item Army, acting through the Chief of Engineers amendment intended to be proposed by relating to section 330 the following new (referred to in this section as the ‘‘Sec- item: him to the bill S. 3001, to authorize ap- retary’’), to carry out, at Federal expense, propriations for fiscal year 2009 for such measures as the Secretary determines ‘‘330a. Special pay: members of the uni- military activities of the Department to be necessary and appropriate in the public formed services whose service of Defense, for military construction, interest to address the handling of munitions on active duty is extended by a and for defense activities of the De- placed on the beach during construction of stop-loss order or similar mech- partment of Energy, to prescribe mili- the project before the date of enactment of anism.’’. (b) EFFECTIVE DATE.—The amendments tary personnel strengths for such fiscal this Act. (b) TREATMENT OF COSTS.—Any cost in- made by subsection (a) shall take effect as of year, and for other purposes; which was curred by the Secretary in carrying out sub- October 1, 2001. ordered to lie on the table; as follows: section (a) shall not be considered to be a At the end of subtitle G of title X, add the cost of constructing the project. SA 5384. Mr. LAUTENBERG (for him- following: (c) REIMBURSEMENT.—The Secretary shall self and Mr. HAGEL submitted an SEC. 1083. SENSE OF THE SENATE ON THE USE OF reimburse the non-Federal interest for any amendment intended to be proposed by OIL REVENUES IN IRAQ. cost incurred by the non-Federal interest him to the bill S. 3001, to authorize ap- (a) FINDINGS.—The Senate makes the fol- with respect to the removal and handling of propriations for fiscal year 2009 for lowing findings: the munitions referred to in subsection (a). (1) Congress has called on the Government (d) ELIGIBLE ACTIVITIES.—Measures author- military activities of the Department of Iraq to ensure that the energy resources of ized under subsection (a) include monitoring, of Defense, for military construction, Iraq benefit Sunni Arabs, Shia Arabs, Kurds, removal, and disposal of the munitions re- and for defense activities of the De- and other citizens of Iraq in an equitable ferred to in subsection (a). partment of Energy, to prescribe mili- manner. tary personnel strengths for such fiscal (2) The Government of Iraq has failed to SA 5383. Mr. LAUTENBERG (for him- year, and for other purposes; which was pass national hydrocarbon revenue-sharing self, Mr. CASEY, and Mr. MENENDEZ) ordered to lie on the table; as follows: legislation to ensure the equitable distribu- submitted an amendment intended to tion of oil revenues to the people of Iraq, a At the end of subtitle A of title VII, add be proposed by him to the bill S. 3001, the following: national security priority of the United to authorize appropriations for fiscal States Government. SEC. 702. LIMITATIONS ON ADJUSTMENTS TO (3) The failure to pass such legislation year 2009 for military activities of the BENEFICIARY FEES FOR MILITARY leaves Iraq at great risk of suffering from Department of Defense, for military HEALTH CARE. the ‘‘oil curse’’, marked by declining eco- construction, and for defense activities (a) FINDINGS.—Congress makes the fol- nomic growth, vast inequality, political re- of the Department of Energy, to pre- lowing findings: pression, and continuing violence. scribe military personnel strengths for (1) Career members of the uniformed serv- (4) According to the Government Account- such fiscal year, and for other pur- ices and their families endure unique and ex- ability Office, the Government of Iraq will traordinary demands, and make extraor- poses; which was ordered to lie on the dinary sacrifices, over the course of 20-year receive as much as $80,000,000,000 in oil reve- table; as follows: nues in 2008 and has a projected budget sur- to 30-year careers in protecting freedom for plus for 2008 of almost $50,000,000,000. At the end of subtitle B of title VI, add the all Americans. (5) As of September 2008, the United States following: (2) The nature and extent of these demands Government has spent approximately SEC. 620. MONTHLY SPECIAL PAY FOR MEMBERS and sacrifices are never so evident as in war- $48,000,000,000 on reconstruction projects in OF THE UNIFORMED SERVICES time, not only during the current Global War Iraq, while the Government of Iraq has spent WHOSE SERVICE ON ACTIVE DUTY IS on Terrorism, but also during the wars of the EXTENDED BY A STOP-LOSS ORDER last 60 years when current retired members roughly $4,000,000,000 on reconstruction OR SIMILAR MECHANISM. projects. of the Armed Forces were on continuous call (a) PAY REQUIRED.— (b) SENSE OF THE SENATE.—It is the sense to go in harm’s way when and as needed. (1) IN GENERAL.—Subchapter I of chapter 5 of the Senate that— (3) The demands and sacrifices are such of title 37, United States Code, is amended by that few Americans are willing to bear or ac- (1) the Government of Iraq should imme- adding at the end the following new section: diately pass national hydrocarbon revenue- cept them for a multi-decade career. sharing legislation to ensure the equitable ‘‘§ 330a. Special pay: members of the uni- (4) A primary benefit of enduring the ex- distribution of oil revenues in Iraq; formed services whose service on active traordinary sacrifices inherent in a military (2) the Government of Iraq should signifi- duty is extended by a stop-loss order or career is a range of extraordinary retirement cantly increase its contribution to the fund- similar mechanism benefits that a grateful Nation provides for ing of reconstruction projects in Iraq; and ‘‘(a) SPECIAL PAY.—A member of the uni- those who choose to subordinate much of (3) the United States Government, in the formed services entitled to basic pay whose their personal life to the national interest budget and appropriations process for fiscal enlistment or period of obligated service is for so many years. years after fiscal year 2008, should reduce ap- extended, or whose eligibility for retirement (5) Many private sector firms are cur- propriations for reconstruction in Iraq by is suspended, pursuant to the exercise of an tailing health benefits and shifting signifi- the amount of oil revenue that accrues to authority referred to in subsection (b) is en- cantly higher costs to their employees, and the Government of Iraq before the Govern- titled while on active duty during the period one effect of such curtailment is that retired ment of Iraq enacts national hydrocarbon of such extension or suspension to special members of the uniformed services are turn- revenue-sharing legislation. pay in the amount specified in subsection (c). ing for health care services to the Depart- ‘‘(b) AUTHORITIES.—An authority referred ment of Defense, and its TRICARE program, SA 5382. Mr. LAUTENBERG sub- to in this section is an authority for the ex- for the health care benefits in retirement mitted an amendment intended to be tension of an enlistment or period of obli- that they earned by their service in uniform. proposed by him to the bill S. 3001, to gated service, or for suspension of eligibility (6) While the Department of Defense has authorize appropriations for fiscal year for retirement, of a member of the uniformed made some efforts to contain increases in services under a provision of law as follows: the cost of the TRICARE program, a large 2009 for military activities of the De- ‘‘(1) Section 123 of title 10. part of those efforts has been devoted to partment of Defense, for military con- ‘‘(2) Section 12305 of title 10. shifting a larger share of the costs of bene- struction, and for defense activities of ‘‘(3) Any other provision of law (commonly fits under that program to retired members the Department of Energy, to prescribe referred to as a ‘stop-loss authority’) author- of the uniformed services.

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.061 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8302 CONGRESSIONAL RECORD — SENATE September 10, 2008 (7) The cumulative increase in enrollment (2) PREMIUMS FOR TRICARE STANDARD FOR military activities of the Department fees, deductibles, and copayments being pro- RESERVE COMPONENT MEMBERS WHO COMMIT TO of Defense, for military construction, posed by the Department of Defense for SERVICE IN THE SELECTED RESERVE.— and for defense activities of the De- health care benefits under the TRICARE pro- (A) ONE-YEAR EXTENSION OF TEMPORARY partment of Energy, to prescribe mili- gram far exceeds the percentage increase in PROHIBITION ON INCREASE IN PREMIUMS.—Sec- military retired pay since such fees, tion 1076d(d)(3) of such title is amended by tary personnel strengths for such fiscal deductibles, and copayments were first re- striking ‘‘September 30, 2008’’ and inserting year, and for other purposes; which was quired on the part of retired members of the ‘‘September 30, 2009’’. ordered to lie on the table; as follows: uniformed services. (B) LIMITATION ON INCREASES AFTER FISCAL On page 72, after line 20, add the following: (8) Proposals of the Department of Defense YEAR 2009.—Such section is further amended— SEC. 314. REPORT ON COMPLIANCE WITH ADMIN- for increases in the enrollment fees, (i) by striking ‘‘The monthly amount’’ and ISTRATIVE ORDERS. deductibles, and copayments of retired mem- inserting ‘‘(A) Subject to subparagraph (B), Not later than 90 days after the date of the bers of the uniformed services who are par- the monthly amount’’; and enactment of this Act, the Secretary of De- ticipants in the TRICARE program fail to (ii) by adding at the end the following new fense shall submit to the congressional de- recognize adequately that such members subparagraph: fense committees a report on the steps that paid the equivalent of enormous in-kind pre- ‘‘(B) Effective as of October 1, 2009, the per- the Department of Defense has taken or miums for health care in retirement through centage increase in the amount of the pre- plans to take, if any, to comply with any their extended sacrifices by service in uni- mium in effect for a month for TRICARE Unilateral Administrative Orders issued to form. Standard coverage under this section may the Department, or any component of the (9) Some of the Nation’s health care pro- not exceed a percentage equal to the percent- Department, in 2007 or 2008 by the Environ- viders refuse to accept participants in the age of the most recent increase in the rate of mental Protection Agency under any of its TRICARE program as patients because that basic pay authorized for members of the uni- imminent and substantial endangerment au- program pays them significantly less than formed services for a year.’’. thorities. The report shall explain the legal commercial insurance programs, and im- (3) COPAYMENTS UNDER CHAMPUS.— basis for any decision by the Department of poses unique administrative requirements, (A) ONE-YEAR EXTENSION OF TEMPORARY Defense, or any component of the Depart- for health care services. PROHIBITION ON INCREASE IN CHARGES FOR IN- ment of Defense, not to comply fully with (b) SENSE OF CONGRESS.—It is the sense of PATIENT CARE.—Paragraph (3) of section any such order. Congress that— 1086(b) of such title is amended in the first (1) the Department of Defense and the Na- sentence by striking ‘‘September 30, 2008’’ SA 5386. Mrs. CLINTON submitted an tion have a committed obligation to provide and inserting ‘‘September 30, 2009’’. amendment intended to be proposed by health care benefits to retired members of (B) LIMITATION ON INCREASES AFTER FISCAL her to the bill S. 3001, to authorize ap- the uniformed services that exceeds the obli- YEAR 2009.—Such paragraph is further amend- propriations for fiscal year 2009 for ed by inserting after the first sentence the gation of corporate employers to provide military activities of the Department health care benefits to their employees; following new sentence: ‘‘Effective as of Oc- (2) the Department of Defense has many tober 1, 2009, the percentage increase charges of Defense, for military construction, additional options to constrain the growth of for inpatient care under this paragraph may and for defense activities of the De- health care spending in ways that do not dis- not exceed a percentage equal to the percent- partment of Energy, to prescribe mili- advantage retired members of the uniformed age of the most recent increase in the rate of tary personnel strengths for such fiscal services who participate or seek to partici- basic pay authorized for members of the uni- year, and for other purposes; which was pate in the TRICARE program, and should formed services for a year.’’ ordered to lie on the table; as follows: pursue any and all such options rather than (4) PROHIBITION ON ENROLLMENT FEES FOR At the end of subtitle G of title V, add the seeking large increases for enrollment fees, CERTAIN PERSONS UNDER CHAMPUS.—Section following: deductibles, and copayments for such retir- 1086(b) of such title is further amended by ees, and their families or survivors, who do adding at the end the following new para- SEC. 587. ENHANCEMENT OF PROTECTIONS FOR graph: MEMBERS OF THE ARMED FORCES participate in that program; AND THEIR DEPENDENTS AGAINST (3) any percentage increase in fees, ‘‘(5) A person covered by subsection (c) SALE, FORECLOSURE, SEIZURE, OR deductibles, and copayments that may be may not be charged an enrollment fee for SALE OF MORTGAGED PROPERTY. considered under the TRICARE program for coverage under this section.’’. (a) EXTENSION OF PERIOD AFTER MILITARY retired members of the uniformed services (5) AUTOMATIC ENROLLMENT FOR CERTAIN SERVICE COVERED BY GENERAL PROTEC- and their families or survivors should not in PERSONS UNDER CHAMPUS.—Section 1086(b) of TIONS.—Section 303(c) of the Servicemembers any case exceed the percentage increase in such title is further amended by adding at Civil Relief Act (50 U.S.C. App. 533(c)) is military retired pay; and the end the following new paragraph: amended by striking ‘‘90 days’’ and inserting (4) any percentage increase in fees, ‘‘(6) A person covered by subsection (c) ‘‘one year’’. deductibles, and copayments under the shall not be subject to denial of claims for (b) ENHANCEMENT OF PROTECTIONS FOR TRICARE program that may be considered coverage under this section for failure to en- MEMBERS OF THE ARMED FORCES WHO SERVE for members of the uniformed services who roll for such coverage. To the extent enroll- IN OPERATION IRAQI FREEDOM OR OPERATION are currently serving on active duty or in ment may be required, enrollment shall be ENDURING FREEDOM AND THEIR DEPEND- the Selected Reserve, and for the families of automatic for any such person filing a claim ENTS.— such members, should not exceed the per- under this section.’’. (1) SCOPE OF PROTECTIONS.—This subsection centage increase in basic pay for such mem- (6) PREMIUMS AND OTHER CHARGES UNDER applies to an obligation on real or personal bers. TRICARE.— property owned by a covered member of the (c) LIMITATIONS ON CERTAIN INCREASES IN (A) ONE-YEAR EXTENSION OF TEMPORARY Armed Forces, or by a dependent of a cov- HEALTH CARE COSTS.— PROHIBITION ON INCREASE IN CHARGES UNDER ered member of the Armed Forces, regardless (1) PHARMACY BENEFITS PROGRAM.— CONTRACTS FOR MEDICAL CARE.—Section of whether entered into before, on, or after (A) ONE-YEAR EXTENSION OF TEMPORARY 1097(e) of such title is amended by striking the member’s entry onto military service, on PROHIBITION ON INCREASE IN COPAYMENTS.— ‘‘September 30, 2008’’ and inserting ‘‘Sep- which the covered member or dependent, as Section 702 of the National Defense Author- tember 30, 2009’’. the case may be, is still obligated and that is ization Act for Fiscal Year 2008 (Public Law (B) LIMITATION ON INCREASES AFTER FISCAL secured by a mortgage, trust deed, or other 110–181; 122 Stat. 188) is amended by striking YEAR 2009.—Such section is further amended— security in the nature of a mortgage. ‘‘September 30, 2008’’ and inserting ‘‘Sep- (i) by inserting ‘‘(1)’’ before ‘‘The Secretary (2) SALE OR FORECLOSURE.— tember 30, 2009’’. of Defense’’; and (A) IN GENERAL.—A sale, foreclosure, or sei- (B) LIMITATION ON INCREASES AFTER FISCAL (ii) by adding at the end the following new zure of property for breach of an obligation YEAR 2009.—Section 1074g(a)(6) of title 10, paragraph: described in paragraph (1) shall not be valid United Stated Code, is amended by adding at ‘‘(2) Effective as of October 1, 2009, the per- if made during, or within one year after, the the end the following new subparagraph: centage increase in the amount of any pre- military service of a covered member of the ‘‘(C) Effective as of October 1, 2009, the mium, deductible, copayment, or other Armed Forces, or the military service of the amount of any cost sharing requirements charge prescribed by the Secretary under covered member of the Armed Forces con- under this paragraph may not be increased this subsection may not exceed the percent- cerned in the case of a dependent of such a in any year by a percentage that exceeds the age increase of the most recent increase in member. percentage increase of the most recent in- retired pay for members and former mem- (B) NO WAIVER.—The limitations of sub- crease in retired pay for members and former bers of the armed forces under section paragraph (A) are not waivable by a covered members of the armed forces under section 1041a(b)(2) of this title.’’. member of the Armed Forces pursuant to 1401a(b)(2) of this title. To the extent that section 107 of the Servicemembers Civil Re- such increase for any year is less than one SA 5385. Mr. MENENDEZ submitted lief Act (50 U.S.C. App. 517). dollar, the accumulated increase may be car- an amendment intended to be proposed (3) PROHIBITION ON ACTIONS FOR NON- ried over from year to year, rounded to the by him to the bill S. 3001, to authorize PAYMENT OR DEFAULT.—No court shall have nearest dollar.’’. appropriations for fiscal year 2009 for jurisdiction to hear any civil action against

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.051 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8303 a covered member of the Armed Forces or a SEC. 588. FINANCIAL SERVICES COUNSELING ON TITLE XXXIII—INTELLIGENCE dependent of a covered member of the Armed MORTGAGES AND MORTGAGE FORE- AUTHORIZATIONS Forces for nonpayment or default on an obli- CLOSURES FOR MEMBERS OF THE ARMED FORCES WHO SERVE IN OP- SEC. 3301. DEFINITIONS. gation described in paragraph (1) during, or ERATION IRAQI FREEDOM OR OPER- In this title: within 1 year after, the military service of ATION ENDURING FREEDOM, VET- (1) CONGRESSIONAL INTELLIGENCE COMMIT- the covered member or the covered member ERANS, AND THEIR DEPENDENTS. TEES.—The term ‘‘congressional intelligence Armed Forces concerned, as the case may be. (a) COUNSELING REQUIRED.— committees’’ means— (4) RESPONSIBILITIES OF OBLIGORS.—In the (1) IN GENERAL.—The Secretary of Defense (A) the Select Committee on Intelligence event a sale, foreclosure, or seizure of prop- shall, in coordination with the Secretary of of the Senate; and erty for breach of an obligation described in Veterans Affairs and the Secretary of Hous- (B) the Permanent Select Committee on paragraph (1) is prohibited by operation of ing and Urban Development, provide finan- Intelligence of the House of Representatives. paragraph (2) or (3), the obligor on the obli- cial services counseling relating to mort- (2) INTELLIGENCE COMMUNITY.—The term gation shall— gages and mortgage foreclosures to a vet- ‘‘intelligence community’’ has the meaning (A) notify the covered member of the eran, covered member of the Armed Forces, given that term in section 3(4) of the Na- Armed Forces or dependent concerned, in or dependent of such veteran or covered tional Security Act of 1947 (50 U.S.C. 401a(4)). writing, of the outstanding liability of the member, upon request of such individual. Subtitle A—Budget and Personnel (2) PROVISION AT NO COST TO RECIPIENT.—Fi- covered member or dependent, as the case Authorizations may be, for principal and interest on the ob- nancial services counseling shall be provided ligation; and under this section at no cost to the recipi- SEC. 3311. AUTHORIZATION OF APPROPRIATIONS. (B) if the obligor determines that a modi- ent. Funds are hereby authorized to be appro- fication of the obligation or a reduction in (b) ANNUAL OUTREACH PLAN.— priated for fiscal year 2009 for the conduct of the outstanding liability of the covered (1) PLAN REQUIRED.—The Secretary of De- the intelligence and intelligence-related ac- member or dependent for principal, interest, fense shall, in coordination with the Sec- tivities of the following elements of the or both on the obligation is in the interest of retary of Veterans Affairs and the Secretary United States Government: the obligor and the covered member or de- of Housing and Urban Development, develop (1) The Office of the Director of National pendent, as the case may be, notify the cov- and implement on an annual basis a plan for Intelligence. ered member or dependent, as the case may the provision of outreach to veterans, cov- (2) The Central Intelligence Agency. be, in writing, of— ered members of the Armed Forces, and their (3) The Department of Defense. (i) such determination; and dependents on the financial services coun- (4) The Defense Intelligence Agency. (ii) the actions to be taken by obligor and seling available under this section. (5) The National Security Agency. the covered member or dependent, as the (2) ELEMENTS.—Each plan under this sub- (6) The Department of the Army, the De- case may be, to effectuate the modification section shall include— partment of the Navy, and the Department or reduction. (A) efforts to identify veterans, covered of the Air Force. (5) EFFECT OF PROTECTIONS ON FUTURE FI- members of the Armed Forces, or dependents (7) The Coast Guard. NANCIAL TRANSACTIONS.— who are not otherwise enrolled in or reg- (8) The Department of State. (A) COVERED MEMBERS.—The application of istered for financial counseling services (9) The Department of the Treasury. paragraph (2), (3), (4), or (5) to an obligation under other programs administered by the (10) The Department of Energy. described in paragraph (1) of a covered mem- Secretary of Defense or the Secretary of Vet- (11) The Department of Justice. ber of the Armed Forces shall be deemed to erans Affairs; and (12) The Federal Bureau of Investigation. constitute the receipt by the covered mem- (B) provisions for informing veterans, cov- (13) The Drug Enforcement Administra- ber of a stay of a civil liability with respect ered members of the Armed Forces, and their tion. to the obligation under the Servicemembers dependents about loan modification pro- (14) The National Reconnaissance Office. Civil Relief Act for purposes of section 108 of grams, workout plans, foreclosure preven- (15) The National Geospatial-Intelligence that Act (50 U.S.C. App. 518). tion, and other financial counseling pro- Agency. (B) DEPENDENTS.—In the event of the appli- grams available to them through the Depart- (16) The Department of Homeland Secu- cation of paragraph (2), (3), (4), or (5) to an ment of Defense, the Department of Veterans rity. obligation described in paragraph (1) of a de- Affairs, the Department of Housing and SEC. 3312. CLASSIFIED SCHEDULE OF AUTHOR- pendent of a covered member of the Armed Urban Development, nonprofit organizations, IZATIONS. Forces, the dependent shall be deemed to be and other Federal, State, and local initia- (a) SPECIFICATIONS OF AMOUNTS AND PER- a servicemember receiving a stay of a civil tives. SONNEL LEVELS.—The amounts authorized to liability with respect to the obligation under (3) CONSULTATION.—In developing each plan be appropriated under section 3311 and, sub- the Servicemembers Civil Relief Act for pur- under this subsection, the Secretary of De- ject to section 3313, the authorized personnel poses of section 108 of that Act. fense shall consult with, at a minimum, the levels as of September 30, 2009, for the con- (6) PENALTIES.—The provisions of section following: duct of the intelligence activities of the ele- 303(d) of the Servicemembers Civil Relief Act (A) Directors or other responsible officials ments listed in paragraphs (1) through (16) of (50 U.S.C. 533(d)) shall apply to sales, fore- of veterans service organizations. section 3311, are those specified in the classi- closures, and seizures of property, and at- (B) Representatives of other outreach pro- fied Schedule of Authorizations prepared to tempted sales, foreclosures, and seizures of grams for veterans. accompany the conference report on the bill property, prohibited by paragraph (2). (C) Nonprofit organizations. llllllll of the One Hundred Tenth (7) DEFINITIONS.—In this subsection: (D) Other appropriate Federal, State, or Congress. (A) COVERED MEMBER OF THE ARMED local government agencies, individuals, or (b) AVAILABILITY OF CLASSIFIED SCHEDULE FORCES.—The term ‘‘covered member of the organizations. OF AUTHORIZATIONS.—The classified Schedule Armed Forces’’ means a member of the (c) COVERED MEMBER OF THE ARMED FORCES of Authorizations referred to in subsection Armed Forces, including a member of a Re- DEFINED.—In this section, the term ‘‘covered (a) shall be made available to the Committee serve component of the Armed Forces, who member of the Armed Forces’’ means a mem- on Appropriations of the Senate, the Com- serves on active duty in the Armed Forces— ber of the Armed Forces, including a member mittee on Appropriations of the House of (i) in Iraq as part of Operation Iraqi Free- of a Reserve component of the Armed Forces, Representatives, and to the President. The dom; or who serves on active duty in the Armed President shall provide for suitable distribu- (ii) in Afghanistan as part of Operation En- Forces— tion of the Schedule, or of appropriate por- during Freedom. (1) in Iraq as part of Operation Iraqi Free- tions of the Schedule, within the executive (B) DEPENDENT.—The term ‘‘dependent’’, in dom; or branch. the case of a covered member of the Armed (2) in Afghanistan as part of Operation En- SEC. 3313. PERSONNEL LEVEL ADJUSTMENTS. Forces, has the meaning given that term in during Freedom. (a) AUTHORITY FOR INCREASES.—With the section 101(4) of the Servicemembers Civil approval of the Director of the Office of Man- Relief Act (50 U.S.C. App. 511(4)). SA 5387. Mr. BOND submitted an agement and Budget, the Director of Na- (C) MILITARY SERVICE.—The term ‘‘military amendment intended to be proposed by tional Intelligence may authorize employ- service’’, in the case of a covered member of him to the bill S. 3001, to authorize ap- ment of civilian personnel in excess of the the Armed Forces, means service of the propriations for fiscal year 2009 for number authorized for fiscal year 2009 by the member on active duty in the Armed military activities of the Department classified Schedule of Authorizations re- Forces— of Defense, for military construction, ferred to in section 3312(a) if the Director of (i) in Iraq as part of Operation Iraqi Free- and for defense activities of the De- National Intelligence determines that such dom; or partment of Energy, to prescribe mili- action is necessary to the performance of im- (ii) in Afghanistan as part of Operation En- portant intelligence functions, except that during Freedom. tary personnel strengths for such fiscal the number of personnel employed in excess (8) EFFECTIVE DATE.—This subsection shall year, and for other purposes; which was of the number authorized under such section take effect on the date of the enactment of ordered to lie on the table; as follows: may not, for any element of the intelligence this Act. At the end of division C, add the following: community, exceed 5 percent of the number

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.059 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8304 CONGRESSIONAL RECORD — SENATE September 10, 2008 of civilian personnel authorized under such elements may be permanent employees of from the previous report under this clause, if section for such element. the Office of the Director of National Intel- applicable; (b) TRANSITION TO FULL-TIME EQUIVA- ligence or personnel detailed from other ele- ‘‘(VII) each major contract related to such LENCY.— ments of the United States Government. system; and (1) TREATMENT FOR FISCAL YEAR 2009.—For (c) CONSTRUCTION OF AUTHORITIES.—The Di- ‘‘(VIII) if there is any cost or schedule fiscal year 2009, the Director of National In- rector of National Intelligence may use the variance under a contract referred to in sub- telligence, in consultation with the head of authorities described in subsections (a) and clause (VII) since the previous report under each element of the intelligence community, (c) of section 3313 for the adjustment of per- this clause, the reasons for such cost or may treat the personnel ceilings authorized sonnel levels within the Intelligence Com- schedule variance.’’. under the classified Schedule of Authoriza- munity Management Account. (b) DETERMINATION OF INCREASE IN COSTS.— tions referred to in section 3312(a) as full- (d) CLASSIFIED AUTHORIZATIONS.— Subsection (q) of section 102A of the Na- time equivalents. (1) AUTHORIZATION OF APPROPRIATIONS.—In tional Security Act of 1947 (50 U.S.C. 403–1) is (2) CONSIDERATION.—In exercising the au- addition to amounts authorized to be appro- amended— thority described in paragraph (1), the Direc- priated for the Intelligence Community Man- (1) by redesignating paragraphs (3) and (4) tor of National Intelligence may consider the agement Account by subsection (a), there are as paragraph (4) and (5), respectively; and circumstances under which civilian employ- authorized to be appropriated for the Com- (2) by inserting after paragraph (2) the fol- ees are employed and accounted for at each munity Management Account for fiscal year lowing: element of the intelligence community in— 2009 such additional amounts as are specified ‘‘(3) Any determination of a percentage in- (A) a student program, trainee program, or in the classified Schedule of Authorizations crease in the acquisition costs of a major similar program; referred to in section 3312(a). Such additional system for which a report is filed under para- (B) reserve corps or equivalent status as a amounts for advanced research and develop- graph (1)(C)(ii) shall be stated in terms of reemployed annuitant or other employee; ment shall remain available until September constant dollars from the first fiscal year in (C) a joint duty rotational assignment; or 30, 2010. which funds are appropriated for such sys- (D) other full-time or part-time status. (2) AUTHORIZATION OF PERSONNEL.—In addi- tem.’’. (3) NOTIFICATION TO CONGRESS.—Not later tion to the personnel authorized by sub- (c) DEFINITIONS.—Paragraph (5) of such than 90 days after the date of the enactment section (b) for elements of the Intelligence subsection (q), as redesignated by subsection of this Act, the Director of National Intel- Community Management Account as of Sep- (b)(1) of this section, is amended to read as ligence shall notify the congressional intel- tember 30, 2009, there are authorized such ad- follows: ligence committees in writing of— ditional personnel for the Community Man- ‘‘(5) In this subsection: (A) the policies for implementing the au- agement Account as of that date as are spec- ‘‘(A) The term ‘acquisition cost’, with re- thorities described in paragraphs (1) and (2); ified in the classified Schedule of Authoriza- spect to a major system, means the amount and tions referred to in section 3312(a). equal to the total cost for development and (B) the number of all civilian personnel Subtitle B—Central Intelligence Agency procurement of, and system-specific con- employed by, or anticipated to be employed Retirement and Disability System struction for, such system. by, each element of the intelligence commu- SEC. 3321. AUTHORIZATION OF APPROPRIATIONS. ‘‘(B) The term ‘full life-cycle cost’, with re- nity during fiscal year 2009 accounted for— There is authorized to be appropriated for spect to the acquisition of a major system, (i) by position; the Central Intelligence Agency Retirement means all costs of development, procure- (ii) by full-time equivalency; or and Disability Fund for fiscal year 2009 the ment, construction, deployment, and oper- (iii) by any other method. sum of $279,200,000. ation and support for such program, without (4) TREATMENT FOR FISCAL YEAR 2010.—The regard to funding source or management Director of National Intelligence shall ex- SA 5388. Mr. BOND submitted an control, including costs of development and press the personnel levels for all civilian em- amendment intended to be proposed by procurement required to support or utilize ployees for each element of the intelligence him to the bill S. 3001, to authorize ap- such system. community in the congressional budget jus- propriations for fiscal year 2009 for ‘‘(C) The term ‘intelligence program’, with tifications submitted for fiscal year 2010 as respect to the acquisition of a major system, full-time equivalent positions. military activities of the Department means a program that— (c) AUTHORITY FOR CONVERSION OF ACTIVI- of Defense, for military construction, ‘‘(i) is carried out to acquire such major TIES PERFORMED BY CONTRACTORS.— and for defense activities of the De- system for an element of the intelligence (1) IN GENERAL.—In addition to the author- partment of Energy, to prescribe mili- community; and ity in subsection (a) and subject to para- tary personnel strengths for such fiscal ‘‘(ii) is funded in whole out of amounts graph (2), if the head of an element of the in- year, and for other purposes; which was available for the National Intelligence Pro- telligence community makes a determina- ordered to lie on the table; as follows: gram. tion that activities currently being per- ‘‘(D) The term ‘major contract,’ with re- At the end of subtitle G of title X, add the formed by contractor employees should be spect to a major system acquisition, means following: performed by employees of such element, the each of the 6 largest prime, subordinate, or Director of National Intelligence may au- SEC. 1083. REPORTS ON THE ACQUISITION OF government-furnished equipment contracts MAJOR SYSTEMS. thorize for that purpose employment of addi- under the program that is in excess of (a) CONTENT OF REPORTS.—Clause (ii) of tional full-time equivalent personnel in such section 102A(q)(1)(C) of the National Security $40,000,000 and that is not a firm, fixed price element equal to the number of full-time Act of 1947 (50 U.S.C. 403–1(q)(1)(C)) is amend- contract. equivalent contractor employees performing ed by striking the period at the end and in- ‘‘(E) The term ‘major system’ has the such activities. serting ‘‘that includes— meaning given that term in section 4 of the (2) CONCURRENCE AND APPROVAL.—The au- ‘‘(I) the current total acquisition cost for Office of Federal Procurement Policy Act (41 thority described in paragraph (1) may not such system, and the history of such cost U.S.C. 403). be exercised unless the Director of National from the date the system was first included ‘‘(F) The term ‘significant test and evalua- Intelligence concurs with the determination in a report under this clause to the end of tion’ means the functional or environmental described in such paragraph and the Director the calendar quarter immediately proceeding testing of a major system or of the sub- of the Office of Management and Budget ap- the submittal of the report; systems that combine to create a major sys- proves such determination. ‘‘(II) the current development schedule for tem.’’. (d) NOTICE TO CONGRESSIONAL INTELLIGENCE such system, including an estimate of annual SEC. 1084. EXCESSIVE COST GROWTH OF MAJOR COMMITTEES.—The Director of National In- SYSTEMS. telligence shall notify the congressional in- development costs until development is com- pleted; (a) NOTIFICATION.—Title V of the National telligence committees in writing at least 15 Security Act of 1947 (50 U.S.C. 413 et seq.) is days prior to each exercise of an authority ‘‘(III) the planned procurement schedule for such system, including the best estimate amended by inserting after section 506A the described in subsection (a) or (b). following new section: SEC. 3314. INTELLIGENCE COMMUNITY MANAGE- of the Director of National Intelligence of ‘‘EXCESSIVE COST GROWTH OF MAJOR SYSTEMS MENT ACCOUNT. the annual costs and units to be procured (a) AUTHORIZATION OF APPROPRIATIONS.— until procurement is completed; ‘‘SEC. 506B. (a) COST INCREASES OF AT There is authorized to be appropriated for ‘‘(IV) a full life-cycle cost analysis for such LEAST 25 PERCENT.—(1)(A) On a continuing the Intelligence Community Management system; basis, and separate from the submission of Account of the Director of National Intel- ‘‘(V) the result of any significant test and any other report on a major system required ligence for fiscal year 2009 the sum of evaluation of such system as of the date of by this Act, the program manager shall de- $696,742,000. the submittal of the report, or, if a signifi- termine if the acquisition cost of such major (b) AUTHORIZED PERSONNEL LEVELS.—The cant test and evaluation has not been con- system has increased by at least 25 percent elements within the Intelligence Community ducted, a statement of the reasons therefor as compared to the baseline cost of such Management Account of the Director of Na- and the results of any other test and evalua- major system. tional Intelligence are authorized 944 full- tion that has been conducted of such system; ‘‘(B) Not later than 10 days after the date time or full-time equivalent personnel as of ‘‘(VI) the reasons for any change in acqui- that a program manager determines that an September 30, 2009. Personnel serving in such sition cost, or schedule, for such system increase described in subparagraph (A) has

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.060 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8305 occurred, the program manager shall submit this Act, the program manager shall deter- The baseline cost may be in the form of an to the Director of National Intelligence noti- mine if the acquisition cost of such major independent cost estimate. fication of such increase. system has increased by at least 50 percent ‘‘(3) The term ‘full life-cycle cost’, with re- ‘‘(2)(A) If, after receiving a notification de- as compared to the baseline cost of such spect to the acquisition of a major system, scribed in paragraph (1)(B), the Director of major system. means all costs of development, procure- National Intelligence determines that the ‘‘(B) Not later than 10 days after the date ment, construction, deployment, and oper- acquisition cost of a major system has in- that a program manager determines that an ation and support for such program, without creased by at least 25 percent, the Director increase described in subparagraph (A) has regard to funding source or management shall submit to the congressional intel- occurred, the program manager shall submit control, including costs of development and ligence committees a written notification of to the Director of National Intelligence noti- procurement required to support or utilize such determination as described in subpara- fication of such increase. such system. graph (B), a description of the amount of the ‘‘(2) If, after receiving a notification de- ‘‘(4) The term ‘independent cost estimate’ increase in the acquisition cost of such scribed in paragraph (1)(B), the Director of has the meaning given that term in section major system, and a certification as de- National Intelligence determines that the 506A(e). scribed in subparagraph (C). acquisition cost of a major system has in- ‘‘(5) The term ‘major system’ has the ‘‘(B) The notification required by subpara- creased by at least 50 percent as compared to meaning given that in section 4 of the Office graph (A) shall include— the baseline cost of such major system, the of Federal Procurement Policy Act (41 U.S.C. ‘‘(i) an updated cost estimate; Director shall submit to the congressional 403). ‘‘(ii) the date on which the determination intelligence committees a written certifi- ‘‘(6) The term ‘Milestone B’ means a deci- covered by such notification was made; cation stating that— sion to enter into system development, inte- ‘‘(iii) contract performance assessment in- ‘‘(A) the acquisition of such major system gration, and demonstration pursuant to formation with respect to each significant is essential to the national security; guidance prescribed by the Director of Na- contract or sub-contract related to such ‘‘(B) there are no alternatives to such tional Intelligence. major system, including the name of the major system that will provide equal or ‘‘(7) The term ‘program manager’, with re- contractor, the phase of the contract at the greater intelligence capability at equal or spect to a major system, means— time of the report, the percentage of work lesser cost to completion; ‘‘(A) the head of the element of the intel- under the contract that has been completed, ‘‘(C) the new estimates of the full life-cycle ligence community which is responsible for any change in contract cost, the percentage cost for such major system are reasonable; the budget, cost, schedule, and performance by which the contract is currently ahead or ‘‘(D) the management structure for the ac- of the major system; or behind schedule, and a summary explanation quisition of such major system is adequate ‘‘(B) in the case of a major system within of significant occurrences, such as cost and to manage and control the full life-cycle cost the Office of the Director of National Intel- schedule variances, and the effect of such oc- of such major system; and ligence, the deputy who is responsible for the currences on future costs and schedules; ‘‘(E) if milestone decision authority had budget, cost, schedule, and performance of ‘‘(iv) the prior estimate of the full life- been delegated to the program manager, the major system.’’. cycle cost for such major system, expressed such authority is revoked and returned to (b) CLERICAL AMENDMENT.—The table of in constant dollars and in current year dol- the Director, except with respect to Depart- contents in the first section of the National lars; ment of Defense programs, such authority is Security Act of 1947 is amended by inserting ‘‘(v) the current estimated full life-cycle revoked and returned to the Director and the after the item relating to section 506A the cost of such major system, expressed in con- Secretary of Defense, jointly. following: stant dollars and current year dollars; ‘‘(3) In addition to the certification re- ‘‘Sec. 506B. Excessive cost growth of major ‘‘(vi) a statement of the reasons for any in- quired by paragraph (2), the Director of Na- systems.’’. creases in the full life-cycle cost of such tional Intelligence shall submit to the con- major system; gressional intelligence committees an up- SA 5389. Mr. BOND submitted an ‘‘(vii) the current change and the total dated notification, with current accom- amendment intended to be proposed by change, in dollars and expressed as a per- panying information, as required by sub- him to the bill S. 3001, to authorize ap- centage, in the full life-cycle cost applicable section (a)(2). to such major system, stated both in con- ‘‘(c) PROHIBITION ON OBLIGATION OF propriations for fiscal year 2009 for stant dollars and current year dollars; FUNDS.—(1) If a written certification re- military activities of the Department ‘‘(viii) the completion status of such major quired under subsection (a)(2)(A) is not sub- of Defense, for military construction, system expressed as the percentage— mitted to the congressional intelligence and for defense activities of the De- ‘‘(I) of the total number of years for which committees within 60 days of the determina- partment of Energy, to prescribe mili- funds have been appropriated for such major tion made under subsection (a)(1), funds ap- tary personnel strengths for such fiscal system compared to the number of years for propriated for the acquisition of a major sys- year, and for other purposes; which was which it is planned that such funds will be tem may not be obligated for a major con- ordered to lie on the table; as follows: appropriated; and tract under the program. Such prohibition ‘‘(II) of the amount of funds that have been on the obligation of funds shall cease to At the end of subtitle G of title X, add the appropriated for such major system com- apply at the end of the 30-day period of a following: pared to the total amount of such funds continuous session of Congress that begins SEC. 1083. VULNERABILITY ASSESSMENTS OF which it is planned will be appropriated; on the date on which Congress receives the MAJOR SYSTEMS. (a) IN GENERAL.—Title V of the National ‘‘(ix) the action taken and proposed to be notification required under subsection Security Act of 1947 (50 U.S.C. 413 et seq.) is taken to control future cost growth of such (a)(2)(A). amended by inserting after section 506A the major system; and ‘‘(2) If a written certification required following new section: ‘‘(x) any changes made in the performance under subsection (b)(2) is not submitted to or schedule of such major system and the ex- the congressional intelligence committees ‘‘VULNERABILITY ASSESSMENTS OF MAJOR tent to which such changes have contributed within 60 days of the determination made SYSTEMS to the increase in full life-cycle costs of such under subsection (b)(2), funds appropriated ‘‘SEC. 506B. (a) INITIAL VULNERABILITY AS- major system. for the acquisition of a major system may SESSMENTS.—The Director of National Intel- ‘‘(C) The certification described in this not be obligated for a major contract under ligence shall conduct an initial vulnerability subparagraph is a written certification made the program. Such prohibition on the obliga- assessment for any major system and its sig- by the Director and submitted to the con- tion of funds for the acquisition of a major nificant items of supply that is proposed for gressional intelligence committees that— system shall cease to apply at the end of the inclusion in the National Intelligence Pro- ‘‘(i) the acquisition of such major system is 30-day period of a continuous session of Con- gram prior to completion of Milestone B or essential to the national security; gress that begins on the date on which Con- an equivalent acquisition decision. The ini- ‘‘(ii) there are no alternatives to such gress receives the notification required tial vulnerability assessment of a major sys- major system that will provide equal or under subsection (b)(3). tem and its significant items of supply shall, greater intelligence capability at equal or ‘‘(d) DEFINITIONS.—In this section: at a minimum, use an analysis-based ap- lesser cost to completion; ‘‘(1) The term ‘acquisition cost’, with re- proach to— ‘‘(iii) the new estimates of the full life- spect to a major system, means the amount ‘‘(1) identify vulnerabilities; cycle cost for such major system are reason- equal to the total cost for development and ‘‘(2) define exploitation potential; able; and procurement of, and system-specific con- ‘‘(3) examine the system’s potential effec- ‘‘(iv) the management structure for the ac- struction for, such system. tiveness; quisition of such major system is adequate ‘‘(2) The term ‘baseline cost’, with respect ‘‘(4) determine overall vulnerability; and to manage and control full life-cycle cost of to a major system, means the projected ac- ‘‘(5) make recommendations for risk reduc- such major system. quisition cost of such system that is ap- tion. ‘‘(b) COST INCREASES OF AT LEAST 50 PER- proved by the Director of National Intel- ‘‘(b) SUBSEQUENT VULNERABILITY ASSESS- CENT.—(1)(A) On a continuing basis, and sep- ligence at Milestone B or an equivalent ac- MENTS.—(1) The Director of National Intel- arate from the submission of any report on a quisition decision for the development, pro- ligence shall conduct subsequent vulner- major system required by section 506B of curement, and construction of such system. ability assessments of each major system

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.066 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8306 CONGRESSIONAL RECORD — SENATE September 10, 2008 and its significant items of supply within the At the end of subtitle G of title X, add the ligence, with the concurrence of the Office of National Intelligence Program— following: Management and Budget, shall provide to ‘‘(A) periodically throughout the life span SEC. 1083. ACCOUNTABILITY REVIEWS BY THE DI- the congressional intelligence committees a of the major system; RECTOR OF NATIONAL INTEL- Future Year Intelligence Plan, as described ‘‘(B) whenever the Director determines LIGENCE. in paragraph (2), for— that a change in circumstances warrants the (a) RESPONSIBILITY OF THE DIRECTOR OF NA- ‘‘(A) each expenditure center in the Na- issuance of a subsequent vulnerability as- TIONAL INTELLIGENCE.—Subsection (b) of sec- tional Intelligence Program; and sessment; or tion 102 of the National Security Act of 1947 ‘‘(B) each major system in the National In- ‘‘(C) upon the request of a congressional in- (50 U.S.C. 403) is amended— telligence Program. telligence committee. (1) in paragraph (2), by striking ‘‘and’’ at ‘‘(2)(A) A Future Year Intelligence Plan ‘‘(2) Any subsequent vulnerability assess- the end; submitted under this subsection shall in- ment of a major system and its significant (2) in paragraph (3)— clude the year-by-year proposed funding for items of supply shall, at a minimum, use an (A) by striking ‘‘2004,’’ and inserting ‘‘2004 each center or system referred to in subpara- analysis-based approach and, if applicable, a (Public Law 108–458; 50 U.S.C. 403 note),’’; and graph (A) or (B) of paragraph (1), for the testing-based approach, to monitor the ex- (B) by striking the period at the end and budget year in which the Plan is submitted ploitation potential of such system and reex- inserting a semicolon and ‘‘and’’; and and not less than the 4 subsequent budget amine the factors described in paragraphs (1) (3) by adding after paragraph (3), the fol- years. through (5) of subsection (a). lowing new paragraph: ‘‘(B) A Future Year Intelligence Plan sub- ‘‘(c) MAJOR SYSTEM MANAGEMENT.—The Di- ‘‘(4) conduct accountability reviews of ele- mitted under subparagraph (B) of paragraph rector of National Intelligence shall give due ments of the intelligence community and the (1) for a major system shall include— consideration to the vulnerability assess- personnel of such elements, if appropriate.’’. ‘‘(i) the estimated total life-cycle cost of ments prepared for a given major system (b) TASKING AND OTHER AUTHORITIES.—Sub- such major system; and when developing and determining the annual section (f) of section 102A of such Act (50 ‘‘(ii) any major acquisition or pro- consolidated National Intelligence Program U.S.C. 403–1) is amended— grammatic milestones for such major sys- budget. (1) by redesignating paragraphs (7) and (8), tem. ‘‘(d) CONGRESSIONAL OVERSIGHT.—(1) The as paragraphs (8) and (9), respectively; and ‘‘(b) LONG-TERM BUDGET PROJECTIONS.—(1) Director of National Intelligence shall pro- (2) by inserting after paragraph (6), the fol- The Director of National Intelligence, with vide to the congressional intelligence com- lowing new paragraph: the concurrence of the Director of the Office mittees a copy of each vulnerability assess- ‘‘(7)(A) The Director of National Intel- of Management and Budget, shall provide to ment conducted under subsection (a) not ligence shall, if the Director determines it is the congressional intelligence committees a later than 10 days after the date of the com- necessary, or may, if requested by a congres- Long-term Budget Projection for each ele- pletion of such assessment. sional intelligence committee, conduct an ment of the National Intelligence Program ‘‘(2) The Director of National Intelligence accountability review of an element of the acquiring a major system that includes the shall provide the congressional intelligence intelligence community or the personnel of budget for such element for the 10-year pe- committees with a proposed schedule for such element in relation to a failure or defi- riod following the last budget year for which subsequent vulnerability assessments of a ciency within the intelligence community. proposed funding was submitted under sub- major system under subsection (b) when pro- ‘‘(B) The Director of National Intelligence, section (a)(2)(A). viding such committees with the initial vul- in consultation with the Attorney General, ‘‘(2) A Long-term Budget Projection sub- nerability assessment under subsection (a) of shall establish guidelines and procedures for mitted under paragraph (1) shall include, at such system as required by subsection (d). conducting an accountability review under a minimum, projections for the appropriate ‘‘(3) The results of vulnerability assess- subparagraph (A). element of the intelligence community for— ments conducted under subsection (b) shall ‘‘(C)(i) The Director of National Intel- ‘‘(A) pay and benefits of officers and em- be included in the report to Congress re- ligence shall provide the findings of an ac- ployees of such element; quired by section 102A(q). countability review conducted under sub- ‘‘(B) other operating and support costs and ‘‘(e) DEFINITIONS.—In this section: paragraph (A) and the Director’s rec- minor acquisitions of such element; ‘‘(1) The term ‘items of supply’— ommendations for corrective or punitive ac- ‘‘(C) research and technology required by ‘‘(A) means any individual part, compo- tion, if any, to the head of the applicable ele- such element; nent, subassembly, assembly, or subsystem ment of the intelligence community. Such ‘‘(D) current and planned major system ac- integral to a major system, and other prop- recommendations may include a rec- quisitions for such element; and erty which may be replaced during the serv- ommendation for dismissal of personnel. ‘‘(E) any unplanned but necessary next- ice life of the major system, including spare ‘‘(ii) If the head of such element does not generation major system acquisitions for parts and replenishment parts; and implement a recommendation made by the such element. ‘‘(B) does not include packaging or labeling Director under clause (i), the head of such ‘‘(c) SUBMISSION TO CONGRESS.—Each Fu- associated with shipment or identification of element shall submit to the congressional in- ture Year Intelligence Plan or Long-term items. telligence committees a notice of the deter- Budget Projection required under subsection ‘‘(2) The term ‘major system’ has the mination not to implement the recommenda- (a) or (b) shall be submitted to Congress meaning given that term in section 4 of the tion, including the reasons for the deter- along with the budget for a fiscal year sub- Office of Federal Procurement Policy Act (41 mination. mitted to Congress by the President pursu- U.S.C. 403). ‘‘(D) The requirements of this paragraph ant to section 1105(a) of title 31, United ‘‘(3) The term ‘Milestone B’ means a deci- shall not limit any authority of the Director States Code. sion to enter into system development, inte- of National Intelligence under subsection ‘‘(d) CONTENT OF LONG-TERM BUDGET PRO- gration, and demonstration pursuant to (m) or with respect to supervision of the Cen- JECTIONS.—(1) Each Long-term Budget Pro- guidance prescribed by the Director of Na- tral Intelligence Agency.’’. jection submitted under subsection (b) shall tional Intelligence. include— ‘‘(4) The term ‘vulnerability assessment’ SA 5391. Mr. BOND submitted an ‘‘(A) a budget projection based on con- means the process of identifying and quanti- amendment intended to be proposed by strained budgets, effective cost and schedule fying vulnerabilities in a major system and him to the bill S. 3001, to authorize ap- execution of current or planned major sys- its significant items of supply.’’. propriations for fiscal year 2009 for tem acquisitions, and modest or no cost- (b) CLERICAL AMENDMENT.—The table of growth for undefined, next-generation sys- contents in the first section of the National military activities of the Department of Defense, for military construction, tems; and Security Act of 1947 is amended by inserting ‘‘(B) a budget projection based on con- after the item relating to section 506A the and for defense activities of the De- strained budgets, modest cost increases in following: partment of Energy, to prescribe mili- executing current and planned programs, and ‘‘Sec. 506B. Vulnerability assessments of tary personnel strengths for such fiscal more costly next-generation systems. major systems.’’. year, and for other, purposes; which ‘‘(2) Each budget projection required by was ordered to lie on the table; as fol- paragraph (1) shall include a description of SA 5390. Mr. BOND submitted an lows: whether, and to what extent, the total pro- amendment intended to be proposed by jection for each year exceeds the level that At the end of subtitle G of title X, add the him to the bill S. 3001, to authorize ap- would result from applying the most recent following: propriations for fiscal year 2009 for Office of Management and Budget inflation SEC. 1083. FUTURE BUDGET PROJECTIONS. military activities of the Department estimate to the budget of that element of the (a) IN GENERAL.—Title V of the National intelligence community. of Defense, for military construction, Security Act of 1947 (50 U.S.C. 413 et seq.) is and for defense activities of the De- ‘‘(e) INCREASE IN FUTURE BUDGET PROJEC- amended by inserting after section 506A the TIONS.—(1) Not later than 30 days prior to the partment of Energy, to prescribe mili- following new section: date that an element of the intelligence tary personnel strengths for such fiscal ‘‘FUTURE BUDGET PROJECTIONS community may proceed to Milestone A, year, and for other purposes; which was ‘‘SEC. 506B. (a) FUTURE YEAR INTELLIGENCE Milestone B, or an analogous stage of system ordered to lie on the table; as follows: PLANS.—(1) The Director of National Intel- development, in the acquisition of a major

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.063 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8307 system in the National Intelligence Pro- congressional intelligence committees each County of Laramie, Wyoming (in this section gram, the Director of National Intelligence, year along with the budget submitted by the referred to as the ‘‘County’’) all right, title, with the concurrence of the Director of the President under section 1105 of title 31, and interest of the United States in and to a Office of Management and Budget, shall pro- United States Code. parcel of real property, including any im- vide a report on such major system to the ‘‘(c) CONTENTS.—Each assessment required provements thereon and appurtenant ease- congressional intelligence committees. by subsection (a) submitted during a fiscal ments thereto, consisting of approximately ‘‘(2)(A) A report submitted under para- year shall contain, at a minimum, the fol- 73 acres along the southeastern boundary of graph (1) shall include an assessment of lowing information for the element of the in- F.E. Warren Air Force Base, Cheyenne, Wyo- whether, and to what extent, such acquisi- telligence community concerned: ming, for the purpose of removing the prop- tion, if developed, procured, and operated, is ‘‘(1) The budget submission for personnel erty from the boundaries of the installation projected to cause an increase in the most costs for the upcoming fiscal year. and permitting the County to preserve the recent Future Year Intelligence Plan and ‘‘(2) The dollar and percentage increase or entire property for healthcare facilities. Long-term Budget Projection for that ele- decrease of such costs as compared to the (b) CONSIDERATION.— ment of the intelligence community. personnel costs of the current fiscal year. (1) IN GENERAL.—As consideration for the ‘‘(B) If an increase is projected under sub- ‘‘(3) The dollar and percentage increase or conveyance under subsection (a), the County paragraph (A), the report required by this decrease of such costs as compared to the shall provide the United States consider- subsection shall include a specific finding, personnel costs during the prior 5 fiscal ation, whether by cash payment, in-kind and the reasons therefor, by the Director of years. consideration as described under paragraph National Intelligence and the Director of the ‘‘(4) The number of personnel positions re- (2), or a combination thereof, in an amount Office of Management and Budget that such quested for the upcoming fiscal year. that is not less than the fair market value of increase is necessary for national security. ‘‘(5) The numerical and percentage in- the conveyed real property, as determined by ‘‘(f) DEFINITIONS.—In this section: crease or decrease of such number as com- the Secretary. ‘‘(1) The term ‘major system’ has the pared to the number of personnel positions of (2) IN-KIND CONSIDERATION.—In-kind consid- meaning given that term in section 4 of the the current fiscal year. eration provided by the County under para- Office of Federal Procurement Policy Act (41 ‘‘(6) The numerical and percentage in- graph (1) shall include the acquisition, con- U.S.C. 403). crease or decrease of such number as com- struction, provision, improvement, mainte- nance, repair, or restoration (including envi- ‘‘(2) The term ‘Milestone A’ means a deci- pared to the number of personnel positions ronmental restoration), or combination sion to enter into concept refinement and during the prior 5 fiscal years. thereof, of any facilities or infrastructure re- technology maturity demonstration pursu- ‘‘(7) The best estimate of the number and lating to the security of F.E. Warren Air ant to guidance issued by the Director of Na- costs of contractors to be funded by the ele- Force Base, that the Secretary considers ac- tional Intelligence. ment for the upcoming fiscal year. ceptable. ‘‘(3) The term ‘Milestone B’ means a deci- ‘‘(8) The numerical and percentage in- (3) RELATION TO OTHER LAWS.—Sections 2662 sion to enter into system development, inte- crease or decrease of such costs of contrac- and 2802 of title 10, United States Code, shall gration, and demonstration pursuant to tors as compared to the best estimate of the not apply to any new facilities or infrastruc- guidance prescribed by the Director of Na- costs of contractors of the current fiscal ture received by the United States as in-kind tional Intelligence.’’. year. consideration under paragraph (2). (b) CLERICAL AMENDMENT.—The table of ‘‘(9) A written justification for the re- (4) NOTICE TO CONGRESS.—The Secretary contents in the first section of the National quested personnel and contractor levels. shall provide written notification to the con- Security Act of 1947 is amended by inserting ‘‘(10) The number of intelligence collectors gressional defense committees of the types after the item relating to section 506A the and analysts employed or contracted by each and value of consideration provided the following: element of the intelligence community. United States under paragraph (1). ‘‘Sec. 506F. Future budget projections.’’. ‘‘(11) A list of all contractors that have (5) TREATMENT OF CASH CONSIDERATION RE- been the subject of an investigation com- (c) DEFINITION OF MAJOR SYSTEM.—Para- CEIVED.—Any cash payment received by the pleted by the Inspector General of any ele- graph (3) of section 506A(e) of the National United States under paragraph (1) shall be ment of the intelligence community during Security Act of 1947 (50 U.S.C. 415a–1(e)) is deposited in the special account in the the preceding fiscal year, or are or have been amended to read as follows: Treasury established under subsection (b) of the subject of an investigation by such an In- ‘‘(3) The term ‘major system’ has the section 572 of title 40, United States Code, spector General during the current fiscal meaning given that term in section 4 of the and shall be available in accordance with year. Office of Federal Procurement Policy Act (41 paragraph (5)(B)(ii) of such subsection. ‘‘(12) A statement by the Director of Na- U.S.C. 403).’’. (c) REVERSIONARY INTEREST.— tional Intelligence that, based on current (1) IN GENERAL.—If the Secretary deter- and projected funding, the element con- SA 5392. Mr. BOND submitted an mines at any time that the County is not cerned will have sufficient— amendment intended to be proposed by using the property conveyed under sub- ‘‘(A) internal infrastructure to support the him to the bill S. 3001, to authorize ap- section (a) in accordance with the purpose of requested personnel and contractor levels; propriations for fiscal year 2009 for the conveyance specified in such subsection, ‘‘(B) training resources to support the re- all right, title, and interest in and to the military activities of the Department quested personnel levels; and property, including any improvements there- of Defense, for military construction, ‘‘(C) funding to support the administrative on, shall revert, at the option of the Sec- and for defense activities of the De- and operational activities of the requested retary, to the United States, and the United personnel levels.’’. partment of Energy, to prescribe mili- States shall have the right of immediate (b) CLERICAL AMENDMENT.—The table of tary personnel strengths for such fiscal entry onto the property. Any determination contents in the first section of that Act is year, and for other purposes; which was of the Secretary under this subsection shall amended by inserting after the item relating ordered to lie on the table; as follows: be made on the record after an opportunity to section 506A the following new item: At the end of subtitle G of title X, add the for a hearing. ‘‘Sec. 506B. Annual personnel levels assess- following: (2) RELEASE OF REVERSIONARY INTEREST.— ment for the intelligence com- The Secretary shall release, without consid- SEC. 1083. ANNUAL PERSONNEL LEVEL ASSESS- munity.’’. MENTS FOR THE INTELLIGENCE eration, the reversionary interest retained COMMUNITY. SA 5393. Mr. BARRASSO (for himself by the United States under paragraph (1) if— (a) IN GENERAL.—Title V of the National (A) F.E. Warren Air Force Base, Cheyenne and Mr. ENZI) submitted an amend- Security Act of 1947 (50 U.S.C. 413 et seq.) is Wyoming, is no longer being used for Depart- amended by inserting after section 506A the ment intended to be proposed by him ment of Defense activities; or following new section: to the bill S. 3001, to authorize appro- (B) the Secretary determines that the re- ‘‘SEC. 506B. ANNUAL PERSONNEL LEVEL ASSESS- priations for fiscal year 2009 for mili- versionary interest is otherwise unnecessary MENTS FOR THE INTELLIGENCE tary activities of the Department of to protect the interests of the United States. COMMUNITY. Defense, for military construction, and (d) PAYMENT OF COSTS OF CONVEYANCE.— ‘‘(a) REQUIREMENT TO PROVIDE.—The Direc- for defense activities of the Depart- (1) PAYMENT REQUIRED.—The Secretary shall require the County to cover costs to be tor of National Intelligence shall, in con- ment of Energy, to prescribe military sultation with the head of the element of the incurred by the Secretary, or to reimburse intelligence community concerned, prepare personnel strengths for such fiscal the Secretary for costs incurred by the Sec- an annual personnel level assessment for year, and for other purposes; which was retary, to carry out the conveyance under such element of the intelligence community ordered to lie on the table; as follows: subsection (a) and implement the receipt of that assesses the personnel levels for each On page 455, after line 19, add the fol- in-kind consideration under paragraph (b), such element for the fiscal year following lowing: including survey costs, appraisal costs, costs the fiscal year in which the assessment is SEC. 2822. LAND CONVEYANCE, F.E. WARREN AIR related to environmental documentation, submitted. FORCE BASE, CHEYENNE, WYOMING. and other administrative costs related to the ‘‘(b) SCHEDULE.—Each assessment required (a) CONVEYANCE AUTHORIZED.—The Sec- conveyance and receipt of in-kind consider- by subsection (a) shall be submitted to the retary of the Air Force may convey to the ation. If amounts are received from the

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.069 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8308 CONGRESSIONAL RECORD — SENATE September 10, 2008 County in advance of the Secretary incur- SEC. 2842. ACCEPTANCE AND USE OF GIFTS FOR to the bill S. 3001, to authorize appro- ring the actual costs, and the amount re- CONSTRUCTION OF ADDITIONAL priations for fiscal year 2009 for mili- BUILDING AT NATIONAL MUSEUM ceived exceeds the costs actually incurred by tary activities of the Department of the Secretary under this section, the Sec- OF THE UNITED STATES AIR FORCE, WRIGHT-PATTERSON AIR FORCE Defense, for military construction, and retary shall refund the excess amount to the BASE. for defense activities of the Depart- County. (a) ACCEPTANCE AUTHORIZED.—The Sec- ment of Energy, to prescribe military (2) TREATMENT OF AMOUNTS RECEIVED.— retary of the Air Force may accept from the Amounts received as reimbursements under personnel strengths for such fiscal Air Force Museum Foundation, a private year, and for other purposes; which was paragraph (1) shall be credited to the fund or nonprofit corporation, gifts in the form of account that was used to cover the costs in- cash, treasury instruments, or comparable ordered to lie on the table; as follows: curred by the Secretary in carrying out the United States securities for the purpose of On page 458, between lines 12 and 13, insert conveyance and implementing the receipt of paying the costs of design and construction the following: in-kind consideration. Amounts so credited of a fourth building for the National Museum SEC. 2842. ACCEPTANCE AND USE OF GIFTS FOR shall be merged with amounts in such fund of the United States Air Force at Wright- CONSTRUCTION OF ADDITIONAL or account and shall be available for the Patterson Air Force Base, Ohio. In making a BUILDING AT NATIONAL MUSEUM OF THE UNITED STATES AIR FORCE, same purposes, and subject to the same con- gift, the Air Force Museum Foundation may ditions and limitations, as amounts in such WRIGHT-PATTERSON AIR FORCE specify that all or part of the amount of the BASE. fund or account. gift be utilized solely for the purpose of the (a) ACCEPTANCE AUTHORIZED.—The Sec- (e) DESCRIPTION OF REAL PROPERTY.—The design and construction of a particular por- retary of the Air Force may accept from the exact acreage and legal description of the tion of the building. Air Force Museum Foundation, a private real property to be conveyed under sub- (b) ESCROW ACCOUNT.— nonprofit corporation, gifts in the form of section (a) shall be determined by a survey (1) DEPOSIT OF GIFTS.—The Secretary of the cash, treasury instruments, or comparable satisfactory to the Secretary. Air Force, acting through the Director of Fi- United States securities for the purpose of (f) ADDITIONAL TERMS AND CONDITIONS.— nancial Management of the Air Force Mate- paying the costs of design and construction The Secretary may require such additional riel Command (in this section referred to as of a fourth building for the National Museum terms and conditions in connection with the the ‘‘Director’’), shall deposit the amount of of the United States Air Force at Wright- conveyance under subsection (a) as the Sec- any gift accepted under subsection (a) in an Patterson Air Force Base, Ohio. In making a retary considers appropriate to protect the escrow account established for that purpose. gift, the Air Force Museum Foundation may interests of the United States. (2) INVESTMENT.—Amounts in the escrow specify that all or part of the amount of the account not required to meet current re- gift be utilized solely for the purpose of the SA 5394. Mr. CHAMBLISS submitted quirements of the account shall be invested design and construction of a particular por- in public debt securities with maturities tion of the building. an amendment intended to be proposed (b) ESCROW ACCOUNT.— by him to the bill S. 3001, to authorize suitable to the needs of the account, as de- termined by the Director, and bearing inter- (1) DEPOSIT OF GIFTS.—The Secretary of the appropriations for fiscal year 2009 for est at rates that take into consideration cur- Air Force, acting through the Director of Fi- military activities of the Department rent market yields on outstanding market- nancial Management of the Air Force Mate- of Defense, for military construction, able obligations of the United States of com- riel Command (in this section referred to as and for defense activities of the De- parable securities. The income on such in- the ‘‘Director’’), shall deposit the amount of partment of Energy, to prescribe mili- vestments shall be credited to and form a any gift accepted under subsection (a) in an escrow account established for that purpose. tary personnel strengths for such fiscal part of the account. NVESTMENT (3) LIQUIDATION.—Upon final payment of all (2) I .—Amounts in the escrow year, and for other purposes; which was account not required to meet current re- ordered to lie on the table; as follows: invoices and claims associated with the de- sign and construction of the building de- quirements of the account shall be invested At the end of subtitle C of title V, add the scribed in subsection (a), the Secretary shall in public debt securities with maturities following: terminate the escrow account. Any amounts suitable to the needs of the account, as de- termined by the Director, and bearing inter- SEC. 539. REPORT ON REQUIREMENTS OF THE remaining in the account upon termination est at rates that take into consideration cur- NATIONAL GUARD FOR NON-DUAL shall be available to the Secretary, in such rent market yields on outstanding market- STATUS TECHNICIANS. amounts as are provided in advance in appro- able obligations of the United States of com- (a) REPORT REQUIRED.—Not later than 180 priations Acts, for such purposes as the Sec- parable securities. The income on such in- days after the date of the enactment of this retary considers appropriate. vestments shall be credited to and form a Act, the Secretary of Defense shall submit to (c) USE OF GIFTS.— part of the account. the Committees on Armed Services of the (1) DESIGN AND CONSTRUCTION.—The Direc- (3) LIQUIDATION.—Upon final payment of all Senate and House of Representatives a re- tor shall use amounts in the escrow account, invoices and claims associated with the de- port setting forth the following: including income on investments, to pay the sign and construction of the building de- (1) A description of the current require- costs of the design and construction of a scribed in subsection (a), the Secretary shall fourth building for the National Museum of ments of the National Guard for non-dual terminate the escrow account. Any amounts the United States Air Force, including status technicians remaining in the account upon termination progress payments for such design and con- (2) A description of various means of ad- shall be available to the Secretary, in such struction, subject to any conditions imposed dressing any shortfalls in meeting such re- amounts as are provided in advance in appro- by the Air Force Museum Foundation under quirements, including both temporary short- priations Acts, for such purposes as the Sec- subsection (a). Amounts in the account shall falls and permanent shortfalls. retary considers appropriate. (b) CONSIDERATIONS.—The report required be available to the Director, in such amounts (c) USE OF GIFTS.— by subsection (a) shall take into consider- as are provided in advance in appropriations (1) DESIGN AND CONSTRUCTION.—The Direc- ation the effects of the mobilization of large Acts, until expended. tor shall use amounts in the escrow account, numbers of National Guard military techni- (2) TIME FOR PAYMENT.—Amounts shall be including income on investments, to pay the cians (dual status) on the readiness of Na- payable under paragraph (1) upon receipt by costs of the design and construction of a tional Guard units in critically important the Director of a notification from the tech- fourth building for the National Museum of areas and on the capacity of the National nical representative of the contracting offi- the United States Air Force, including Guard to continue performing home-based cer that construction activities for which progress payments for such design and con- missions and responsibilities for the States. such amounts are payable under paragraph struction, subject to any conditions imposed (1) have been undertaken. To the maximum by the Air Force Museum Foundation under SA 5395. Mr. VOINOVICH (for himself extent practicable consistent with good busi- subsection (a). Amounts in the account shall ness practice, the Director shall limit pay- and Mr. BROWN) submitted an amend- be available to the Director, in such amounts ment of amounts from the account in order ment intended to be proposed by him as are provided in advance in appropriations to maximize the return on investment of Acts, until expended. to the bill S. 3001, to authorize appro- amounts in the account. (2) TIME FOR PAYMENT.—Amounts shall be priations for fiscal year 2009 for mili- (d) LIMITATION ON CONTRACTS.—The Sec- payable under paragraph (1) upon receipt by tary activities of the Department of retary of the Air Force may not initiate a the Director of a notification from the tech- Defense, for military construction, and contract for the design or construction of a nical representative of the contracting offi- for defense activities of the Depart- particular portion of the building described cer that construction activities for which ment of Energy, to prescribe military in subsection (a) until amounts in the escrow such amounts are payable under paragraph account are sufficient to cover the amount of (1) have been undertaken. To the maximum personnel strengths for such fiscal the contract. year, and for other purposes; which was extent practicable consistent with good busi- ness practice, the Director shall limit pay- ordered to lie on the table; as follows: SA 5396. Mr. VOINOVICH (for himself ment of amounts from the account in order On page 458, between lines 12 and 13, insert and Mr. BROWN) submitted an amend- to maximize the return on investment of the following: ment intended to be proposed by him amounts in the account.

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(d) LIMITATION ON CONTRACTS.—The Sec- bursed the Department of Defense under this SEC. 1215. AVAILABILITY OF APPROPRIATED retary of the Air Force may not initiate a subsection shall be deposited in the appro- FUNDS FOR INTERNATIONAL MILI- contract for the design or construction of a priation or account from which amounts for TARY-TO-CIVILIAN AND CIVILIAN-TO- particular portion of the building described CIVILIAN CONTACT ACTIVITIES CON- the payment concerned were derived. Any DUCTED BY THE NATIONAL GUARD. in subsection (a) until amounts in the escrow amounts so deposited shall be merged with (a) IN GENERAL.—Subchapter I of chapter account are sufficient to cover the amount of amounts in such appropriation or account, 134 of title 10, United States Code, as amend- the contract. and shall be available for the same purposes, ed by section 1202 of this Act, is further and subject to the same conditions and limi- amended by inserting after section 2249d the SA 5397. Mr. VOINOVICH (for himself tations, as amounts in such appropriation or following new section: and Mr. BROWN) submitted an amend- account. ‘‘§ 2249e. International military-civilian con- ment intended to be proposed by him tact activities conducted by the National to the bill S. 3001, to authorize appro- ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘military-to-civilian con- Guard: availability of appropriated funds priations for fiscal year 2009 for mili- tacts’ means the following: ‘‘(a) AVAILABILITY OF APPROPRIATED tary activities of the Department of ‘‘(A) Contacts between members of the FUNDS.—Funds appropriated to the Depart- Defense, for military construction, and armed forces and foreign civilian personnel. ment of Defense shall be available for the for defense activities of the Depart- ‘‘(B) Contacts between members of foreign payment of costs incurred by the National ment of Energy, to prescribe military armed forces and United States civilian per- Guard (including the costs of pay and allow- personnel strengths for such fiscal sonnel. ances of members of the National Guard) in year, and for other purposes; which was ‘‘(2) The term ‘civilian-to-civilian con- conducting international military-to-civil- ian contacts, civilian-to-civilian contacts, ordered to lie on the table; as follows: tacts’ means contacts between United States civilian personnel and foreign civilian per- and comparable activities for purposes as At the end of subtitle B of title XII, add sonnel. follows: the following: ‘‘(3) The term ‘United States civilian per- ‘‘(1) To support the objectives of the com- SEC. 1215. AVAILABILITY OF APPROPRIATED sonnel’ means the following: mander of the combatant command for the FUNDS FOR INTERNATIONAL MILI- ‘‘(A) Personnel of the United States Gov- theater of operations in which such contacts TARY-TO-CIVILIAN AND CIVILIAN-TO- ernment (including personnel of departments and activities are conducted. CIVILIAN CONTACT ACTIVITIES CON- DUCTED BY THE NATIONAL GUARD. and agencies of the United States Govern- ‘‘(2) To build international civil-military partnerships and capacity. (a) IN GENERAL.—Subchapter I of chapter ment other than the Department of Defense) 134 of title 10, United States Code, as amend- and personnel of State and local govern- ‘‘(3) To strengthen cooperation between ed by section 1202 of this Act, is further ments of the United States. the departments and agencies of the United amended by inserting after section 2249d the ‘‘(B) Members and employees of the legisla- States Government and agencies of foreign following new section: tive branch, and non-governmental individ- governments. uals, if the participation of such individuals ‘‘(4) To facilitate intergovernmental col- ‘‘§ 2249e. International military-civilian con- in contacts and activities described in sub- laboration between the United States Gov- tact activities conducted by the National section (a)— ernment and foreign governments. Guard: availability of appropriated funds ‘‘(i) contributes to responsible manage- ‘‘(5) To facilitate and enhance the ex- ‘‘(a) AVAILABILITY OF APPROPRIATED ment of defense resources; change of information between the United FUNDS.—Funds appropriated to the Depart- ‘‘(ii) fosters greater respect for and under- States Government and foreign governments ment of Defense shall be available for the standing of the principle of civilian control on matters relating to defense and security. payment of costs incurred by the National of the military; ‘‘(b) LIMITATIONS.—(1) Funds shall not be Guard (including the costs of pay and allow- ‘‘(iii) contributes to cooperation between available under subsection (a) for contacts ances of members of the National Guard) in foreign military and civilian government and activities described in that subsection conducting international military-to-civil- agencies and United States military and ci- that are conducted in a foreign country un- ian contacts, civilian-to-civilian contacts, vilian governmental agencies; or less jointly approved by the commander of and comparable activities for purposes as ‘‘(iv) improves international partnerships the combatant command concerned and the follows: and capacity on matters relating to defense chief of mission concerned. ‘‘(1) To support the objectives of the com- and security. ‘‘(2) Funds shall not be available under mander of the combatant command for the ‘‘(4) The term ‘foreign civilian personnel’ subsection (a) for the participation of a theater of operations in which such contacts means the following: member of the National Guard in contacts and activities are conducted. ‘‘(A) Civilian personnel of foreign govern- and activities described in that subsection in ‘‘(2) To build international civil-military ments at any level (including personnel of a foreign country unless the member is on partnerships and capacity. ministries other than ministries of defense). active duty in the armed forces at the time ‘‘(3) To strengthen cooperation between ‘‘(B) Non-governmental individuals of for- of such participation. the departments and agencies of the United eign countries, if the participation of such ‘‘(c) REIMBURSEMENT.—In the event of the States Government and agencies of foreign individuals in contacts and activities de- participation of personnel of a department or governments. scribed in subsection (a) will further the agency of the United States Government ‘‘(4) To facilitate intergovernmental col- achievement of any matter set forth in (other than the Department of Defense) in laboration between the United States Gov- clauses (i) through (iv) of paragraph (3)(B).’’. contacts and activities for which payment is ernment and foreign governments. made under subsection (a), the head of such ‘‘(5) To facilitate and enhance the ex- (b) CLERICAL AMENDMENT.—The table of department or agency shall reimburse the change of information between the United sections at the beginning of chapter 134 of Secretary of Defense for the costs associated States Government and foreign governments such title, as so amended, is further amended with the participation of such personnel in on matters relating to defense and security. by inserting after the item relating to sec- such contacts and activities. Amounts reim- ‘‘(b) LIMITATIONS.—(1) Funds shall not be tion 2249d the following new item: bursed the Department of Defense under this available under subsection (a) for contacts subsection shall be deposited in the appro- ‘‘2249e. International military-civilian con- and activities described in that subsection priation or account from which amounts for tact activities conducted by the that are conducted in a foreign country un- the payment concerned were derived. Any National Guard: availability of less jointly approved by the commander of amounts so deposited shall be merged with appropriated funds.’’. the combatant command concerned and the amounts in such appropriation or account, chief of mission concerned. and shall be available for the same purposes, ‘‘(2) Funds shall not be available under SA 5398. Mr. VOINOVICH (for himself and subject to the same conditions and limi- subsection (a) for the participation of a tations, as amounts in such appropriation or member of the National Guard in contacts and Mr. BROWN) submitted an amend- account. and activities described in that subsection in ment intended to be proposed by him ‘‘(d) DEFINITIONS.—In this section: a foreign country unless the member is on to the bill S. 3001, to authorize appro- ‘‘(1) The term ‘military-to-civilian con- active duty in the armed forces at the time priations for fiscal year 2009 for mili- tacts’ means the following: of such participation. tary activities of the Department of ‘‘(A) Contacts between members of the ‘‘(c) REIMBURSEMENT.—In the event of the Defense, for military construction, and armed forces and foreign civilian personnel. participation of personnel of a department or ‘‘(B) Contacts between members of foreign agency of the United States Government for defense activities of the Depart- armed forces and United States civilian per- (other than the Department of Defense) in ment of Energy, to prescribe military sonnel. contacts and activities for which payment is personnel strengths for such fiscal ‘‘(2) The term ‘civilian-to-civilian con- made under subsection (a), the head of such year, and for other purposes; which was tacts’ means contacts between United States department or agency shall reimburse the ordered to lie on the table; as follows: civilian personnel and foreign civilian per- Secretary of Defense for the costs associated sonnel. with the participation of such personnel in At the end of subtitle B of title XII, add ‘‘(3) The term ‘United States civilian per- such contacts and activities. Amounts reim- the following: sonnel’ means the following:

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.064 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8310 CONGRESSIONAL RECORD — SENATE September 10, 2008 ‘‘(A) Personnel of the United States Gov- (D) An identification and analysis of any to be transferred to another unit if a mili- ernment (including personnel of departments additional barriers, such as the availability tary protective order is issued. and agencies of the United States Govern- of staff and the adequacy of resources, on ment other than the Department of Defense) military installations and facilities in the SA 5400. Mr. BROWN submitted an and personnel of State and local govern- United States and abroad, and in theaters of amendment intended to be proposed by ments of the United States. operations, to conduct effective investiga- him to the bill S. 3001, to authorize ap- ‘‘(B) Members and employees of the legisla- tions of cases of sexual assault and rape in propriations for fiscal year 2009 for the Armed Forces. tive branch, and non-governmental individ- military activities of the Department uals, if the participation of such individuals (E) A review of the disposition of cases of in contacts and activities described in sub- sexual assault and rape in the Armed Forces. of Defense, for military construction, section (a)— (F) Such other matters as the Secretary and for defense activities of the De- ‘‘(i) contributes to responsible manage- considers appropriate. partment of Energy, to prescribe mili- ment of defense resources; (3) ELEMENTS.—The strategy required by tary personnel strengths for such fiscal ‘‘(ii) fosters greater respect for and under- paragraph (1) shall include the following: year, and for other purposes; which was standing of the principle of civilian control (A) Guidelines for expanding, enhancing, ordered to lie on the table; as follows: of the military; and developing programs for the Armed Forces on prevention and response to sexual On page 309, after line 20, add the fol- ‘‘(iii) contributes to cooperation between lowing: foreign military and civilian government assault and rape that use proven best-prac- agencies and United States military and ci- tice methods, support victims of sexual as- SEC. 1068. IMPROVEMENT OF INFORMATION FOR MEMBERS AND FORMER MEMBERS vilian governmental agencies; or sault or rape, and focus on creating a culture with zero tolerance for sexual assault and OF THE ARMED FORCES ON UP- ‘‘(iv) improves international partnerships GRADES OF DISCHARGE. rape. and capacity on matters relating to defense (a) CLARIFICATION AND IMPROVEMENT OF IN- (B) A plan for increased oversight of exist- and security. FORMATION.— ing programs of the Armed Forces on preven- ‘‘(4) The term ‘foreign civilian personnel’ (1) REQUIRED NOTICES.— tion and response to sexual assault and rape, means the following: (A) NOTICE THAT UPGRADE IS NOT AUTO- ‘‘(A) Civilian personnel of foreign govern- including the establishment of— (i) performance metrics to evaluate the ef- MATIC.— ments at any level (including personnel of (i) IN GENERAL.—Each member of the ministries other than ministries of defense). fectiveness of such programs; and (ii) a timeline for the implementation of Armed Forces who is being considered for or ‘‘(B) Non-governmental individuals of for- processed for an administrative or any other eign countries, if the participation of such such metrics. (C) In light of the review under paragraph type of discharge shall receive written notice individuals in contacts and activities de- that an upgrade in the characterization of scribed in subsection (a) will further the (2)(B), recommendations for improvements to training described in that paragraph, and discharge will not automatically result from achievement of any matter set forth in review of the discharge by a board of review clauses (i) through (iv) of paragraph (3)(B).’’. a timeline for the implementation of new training methods as a result of such review. under section 1533 of title 10, United States (b) CLERICAL AMENDMENT.—The table of (D) A plan for increased communication Code. The notice shall be dated and shall be sections at the beginning of chapter 134 of provided to the member at least 30 days prior such title, as so amended, is further amended and data sharing between the Sexual Assault Prevention and Response Office and other to any deadline to elect a particular charac- by inserting after the item relating to sec- terization or type of discharge or manner of tion 2249d the following new item: components of the Armed Forces, on the one hand, and the Department of Defense, on the processing. ‘‘2249e. International military-civilian con- other, to enhance coordination and oversight (ii) RELATED CLARIFICATION.—The notice of tact activities conducted by the of cases of sexual assault and rape in the discharge issued to a member of the Armed National Guard: availability of Armed Forces as such cases move through Forces upon discharge may not contain or appropriated funds.’’. the legal process. include any information, references, or other (E) In light of the review under paragraph material that is inconsistent with the notice SA 5399. Mrs. CLINTON submitted an (2)(C), recommendations for improvements required under clause (i). amendment intended to be proposed by to the legal infrastructure of the Armed (B) NOTICE OF RIGHT TO OBTAIN LEGAL COUN- her to the bill S. 3001, to authorize ap- Forces to ensure that the capacity of such SEL.— propriations for fiscal year 2009 for infrastructure is adequate to meet the needs (i) IN GENERAL.—The written notice re- military activities of the Department of victims of sexual assault in the Armed quired under subparagraph (A) shall also ad- of Defense, for military construction, Forces. vise the member in bold letters that the member has the right to meet with and dis- and for defense activities of the De- (F) In light of the review under paragraph (2)(D), recommendations for ways to elimi- cuss his or her discharge options with mili- partment of Energy, to prescribe mili- nate the barriers identified under that para- tary legal counsel prior to electing a charac- tary personnel strengths for such fiscal graph. terization or type of discharge or manner of year, and for other purposes; which was (G) Such other matters as the Secretary processing. The notice must provide the ordered to lie on the table; as follows: considers appropriate. name, rank, phone number, email address, At the end of subtitle G of title V, add the (b) POLICIES REQUIRED.—Not later than 90 and physical address of the military legal following: days after the date of the enactment of this counsel responsible for providing legal ad- Act, the Secretary of Defense shall prescribe vice to members. SEC. 587. IMPROVEMENT OF POLICIES AND PRAC- TICES OF THE ARMED FORCES RE- policies for the Armed Forces as follows: (ii) DELAY IN PROCESSING.—Processing for GARDING PREVENTION AND RE- (1) To require military commanders to re- the discharge of a member of the Armed SPONSE TO SEXUAL ASSAULT AND port on the outcomes of cases of sexual as- Forces cannot proceed until the member has RAPE. sault and rape in units under their com- either met with military legal counsel or (a) STRATEGY TO ENCOURAGE INVESTIGATION mand, including— elected in writing not to do so. A member AND PROSECUTION OF CASES.— (A) a description of the actions taken to must be given at least 5 duty days after (1) IN GENERAL.—Not later than six months punish assailants; meeting with military legal counsel to make after the date of the enactment of this Act, (B) a description of any retaliatory meas- an election regarding characterization or the Secretary of Defense shall develop a ures experienced by victims; and type of discharge or manner of processing. comprehensive strategy to increase and en- (C) a detailed justification for disposing of (C) ACKNOWLEDGMENT OF RECEIPT OF NO- courage the prevention, investigation, and such cases through nonjudicial punishment TICE.—A member of the Armed Forces receiv- prosecution of cases of sexual assault and or other administrative actions. ing notices under subparagraphs (A) and (B) rape in the Armed Forces. (2) To classify a military protective order shall be required to acknowledge receipt of (2) BASIS FOR STRATEGY.—The strategy re- as a standing military order, with such order such notices by placement of his or her ini- quired by paragraph (1) shall be based on the to be overturned only after an investigation tials or other identifying sign or symbol next following: has occurred and appropriate command au- to the paragraph or paragraphs that contain (A) An analysis of trends in the prevention thorities have completely adjudicated alle- such notices. The member shall be provided and reporting of cases of sexual assaults and gations. with a copy of the initialed notices, and a rape in the Armed Forces. (3) To require notification to appropriate copy of such notices shall be retained in any (B) A review of current training methods local civilian law enforcement agencies on personnel or other files maintained on such for all personnel involved in military inves- any military protective order issued at a member by the Armed Forces. tigations of cases of sexual assault and rape military installation to provide continuity (2) ENHANCEMENT OF INFORMATION ON APPLI- in the Armed Forces, including judge advo- of protection to victims of sexual assault or CATION FOR UPGRADE OF DISCHARGE.—Each cate general staff. rape in the Armed Forces. Secretary concerned shall make available to (C) A review of the capacity of the legal in- (4) To require that each member of the the public through an Internet website avail- frastructure of the Armed Forces to inves- Armed Forces who has notified the member’s able to the public and by other appropriate tigate and prosecute effectively cases of sex- command that the member has been sexually mechanisms, information on the means by ual assault in the Armed Forces. assaulted or raped is afforded an opportunity which former members of the Armed Forces

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.070 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8311 under the jurisdiction of such Secretary may (1) in the second sentence, by striking ‘‘A SA 5402. Mr. BROWN (for himself and apply for a review and upgrade of their dis- motion or request for review’’ and inserting Mr. VOINOVICH) submitted an amend- charge from the Armed Forces under section ‘‘Except as provided in the following sen- ment intended to be proposed by him 1553 of title 10, United States Code. tence, a motion or request for review’’; and to the bill S. 3001, to authorize appro- (3) ANNUAL REPORTS ON ACTIONS BY BOARDS (2) by inserting after the second sentence OF REVIEW.— the following: ‘‘The Secretary of Defense priations for fiscal year 2009 for mili- (A) IN GENERAL.—Each Secretary con- shall waive the 15 year time limit specified tary activities of the Department of cerned shall, on an annual basis, make avail- in the preceding sentence in the case of a Defense, for military construction, and able to the public information on the reviews motion or request for review of a discharge for defense activities of the Depart- of discharge or dismissal undertaken under for personality disorder of a former member ment of Energy, to prescribe military section 1553 of title 10, United States Code, who has been diagnosed by the Secretary of personnel strengths for such fiscal by boards of review under the jurisdiction of Veterans Affairs with post-traumatic stress year, and for other purposes; which was such Secretary during the preceding year. disorder, traumatic brain injury, or any re- The information shall include, for each lated mental health disorder or injury.’’. ordered to lie on the table; as follows: Armed Force, the following: (e) APPLICABILITY.—Nothing in this section On page 455, after line 19, add the fol- (i) The number of motions for review re- or the amendments made by this section lowing: ceived by the boards of review during the shall be construed to authorize or require year. the upgrade of a bad conduct discharge or SEC. 2822. LAND CONVEYANCE, GEORGE F. PEN- (ii) The number of reviews conducted by dishonorable discharge imposed on a member NINGTON UNITED STATES ARMY RE- the boards of review during the year. of the Armed Forces as the result of a con- SERVE CENTER, MARION, OHIO. (iii) The number of discharges upgraded as viction by court-martial, unless the convic- (a) CONVEYANCE AUTHORIZED.—The Sec- a result of the reviews referred to in clause tion is overturned on appeal. retary of the Army may convey, without (i), set forth by aggregate number of dis- consideration, to Marion County, Ohio (in charges so upgraded and by number of each SA 5401. Mr. BROWN submitted an this section referred to as the ‘‘County’’), all type of discharge so upgraded. amendment intended to be proposed by right, title, and interest of the United State (B) PROTECTION OF PRIVATE INFORMATION.— him to the bill S. 3001, to authorize ap- in and to a parcel of real property, including Each Secretary concerned shall ensure that propriations for fiscal year 2009 for improvements thereon, consisting of ap- the information on reviews made available military activities of the Department proximately 5.3 acres located at the George to the public under subparagraph (A) does F. Pennington United States Army Reserve not include any personal information regard- of Defense, for military construction, and for defense activities of the De- Center, 2164 Harding Way Highway East, ing the members of the Armed Forces the Marion, Ohio, for public benefit. discharges and dismissals of whom are the partment of Energy, to prescribe mili- subject of such reviews. tary personnel strengths for such fiscal (b) PAYMENT OF COSTS OF CONVEYANCES.— (1) PAYMENT REQUIRED.—The Secretary (4) SECRETARY CONCERNED DEFINED.—In this year, and for other purposes; which was shall require the County to cover costs to be subsection, the term ‘‘Secretary concerned’’ ordered to lie on the table; as follows: has the meaning given that term in section incurred by the Secretary, or to reimburse At the end of subtitle G of title V, add the 101(a) of title 10, United States Code. the Secretary for costs incurred by the Sec- following: retary, to carry out the conveyance under (b) ENHANCEMENT OF NOTICE TO MEMBERS SEC. 587. EQUITY IN THE AWARD OF MILITARY subsection (a), including survey costs, re- OF THE ARMED FORCES ON CONSEQUENCES OF DECORATIONS AND CITATIONS FOR lated to the conveyance. If amounts are col- DISCHARGE STATUS FOR BENEFITS AND SERV- SERVICE IN THE ARMED FORCES lected from the County in advance of the ICES THROUGH THE FEDERAL GOVERNMENT.— SINCE MARCH 20, 2003. Secretary incurring the actual costs, and the (1) IN GENERAL.—The Secretary of Defense (a) IN GENERAL.—The Secretary of Defense amount collected exceeds the costs actually shall take appropriate actions to ensure that shall take appropriate actions to ensure that incurred by the Secretary to carry out the each member of the Armed Forces receives each member and unit of the Armed Forces conveyance, the Secretary shall refund the at the time of discharge from the Armed (including members and units of the Na- excess amount to the County. Forces comprehensive information, in writ- tional Guard and Reserve) that has served in (2) TREATMENT OF AMOUNTS RECEIVED.— ing, on the effect of the discharge status of the Armed Forces since March 20, 2003, is Amounts received under paragraph (1) as re- such member on the benefits and services awarded each decoration, medal, citation, imbursement for costs incurred by the Sec- available to such member through the De- commendation, or other military award to retary to carry out the conveyance under partment of Defense, the Department of Vet- which such member or unit is entitled by subsection (a) shall be credited to the fund or erans Affairs, and any other department or reason of service in the Armed Forces since account that was used to cover the costs in- agency of the Federal Government providing that date. curred by the Secretary in carrying out the benefits or services to individuals in their (b) AUDIT OF AWARDS.—In furtherance of conveyance. Amounts so credited shall be status as former members of the Armed meeting the requirement in subsection (a), merged with amounts in such fund or ac- Forces. the Secretary shall provide for a comprehen- count and shall be available for the same (2) INFORMATION ON UPGRADE OF DIS- sive audit of the decorations, medals, cita- purposes, and subject to the same conditions CHARGE.—The information provided pursuant tions, commendations, and other military and limitations, as amounts in such fund or to paragraph (1) shall include the informa- awards awarded for service in the Armed account. tion described in subsection (a)(2). Forces since March 20, 2003, in order to deter- (c) REQUIREMENT TO TEST MEMBERS OF THE mine whether any decorations, medals, cita- (c) DESCRIPTION OF PROPERTY.—The exact ARMED FORCES FOR CERTAIN INJURIES AND tions, commendations, or other awards to be acreage and legal description of the real CONDITIONS BEFORE DISCHARGING FOR PER- awarded as described in that subsection have property to be conveyed under subsection (a) SONALITY DISORDERS.— yet to be awarded. shall be determined by a survey satisfactory (1) TESTING REQUIREMENT.—The Secretary (c) PROCEDURES FOR EXPEDITED REVIEW OF to the Secretary. of a military department may not discharge CERTAIN AWARDS.— (d) ADDITIONAL TERM AND CONDITIONS.—The from the Armed Forces for personality dis- (1) IN GENERAL.—Each Secretary of a mili- Secretary may require such additional terms order any member of the Armed Forces un- tary department shall establish procedures and conditions in connection with the con- less such member has undergone testing by to provide for the expedited review by gen- veyance under subsection (a) as the Sec- the Department of Defense for post-trau- eral officers or flag officers, as applicable, of retary considers appropriate to protect the matic stress disorder, traumatic brain in- recommendations for the award by such interests of the United States. jury, and any related mental health disorder military department of decorations medals, or injury prior to final action with respect to badges, or other military awards for service such discharge. in combat or under hostile fire that require SA 5403. Mr. BROWN submitted an (2) RESTRICTIONS ON DISCHARGE FOR PERSON- the approval of a general or flag officer. amendment intended to be proposed by ALITY DISORDER.—The Secretary of a mili- (2) CONSULTATION.—The Secretary of the him to the bill S. 3001, to authorize ap- tary department may not discharge from the Army and the Secretary of the Air Force propriations for fiscal year 2009 for Armed Forces for personality disorder a shall each consult with the adjutants general member of the Armed Forces determined by of the States under the jurisdiction of such military activities of the Department the Secretary of Defense to suffer from post- Secretary in establishing procedures under of Defense, for military construction, traumatic stress disorder, traumatic brain paragraph (1). and for defense activities of the De- injury, or any related mental health disorder (d) REPORT ON PROGRESS IN AWARD.—Not partment of Energy, to prescribe mili- or injury. later than one year after the date of the en- tary personnel strengths for such fiscal (d) WAIVER OF STATUTE OF LIMITATIONS AP- actment of this Act, the Secretary shall sub- year, and for other purposes; which was PLICABLE TO CERTAIN REVIEWS OF DISCHARGES mit to Congress a reports on the progress ordered to lie on the table; as follows: FOR PERSONALITY DISORDERS.—Section made in the award of decorations, medals, ci- 1553(a) of title 10, United States Code, is tations, commendations, and other military At the end of subtitle F of title VIII, add amended— awards as described in that subsection. the following:

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.067 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8312 CONGRESSIONAL RECORD — SENATE September 10, 2008 SEC. 854. REPORT ON CONTRACTS FOR MORALE, future prosperity and economic diversity, by SA 5405. Mr. DEMINT submitted an WELFARE, AND RECREATION TELE- putting revenues from the oil resources of amendment intended to be proposed by PHONE SERVICES FOR MILITARY Iraq directly in the hands of its citizens; him to the bill S. 3001, to authorize ap- PERSONNEL SERVING IN COMBAT (D) helping to alleviate the incentive for ZONES. propriations for fiscal year 2009 for smuggling or sabotage by providing indi- (a) REPORT REQUIRED.—Not later than 180 vidual citizens a direct stake in the amount military activities of the Department days after the date of the enactment of this of Iraqi oil that is legally produced and sold; of Defense, for military construction, Act, the Secretary of Defense shall submit to (E) contributing to sustainable security by and for defense activities of the De- the congressional defense committees a re- providing individuals monetary-resource al- partment of Energy, to prescribe mili- port on current contracts of the Department ternatives to cooperating with militias, ex- of Defense for morale, welfare, and recre- tary personnel strengths for such fiscal tremists, and other extra-legal entities; ation telephone services for military per- year, and for other purposes; which was (F) providing additional income directly to sonnel serving in combat zones. ordered to lie on the table; as follows: individual citizens, thereby stimulating en- (b) ELEMENTS.—The report required by sub- trepreneurship and reducing the reliance on Strike section 1002. section (a) shall include the following: the ability of the central and provincial gov- (1) A description of each contract for mo- ernments to deliver basic services and exe- SA 5406. Mr. LEAHY (for himself, Mr. rale, welfare, and recreation telephone serv- cute their budgets; and BOND, Mr. FEINGOLD, Mr. BROWN, Ms. ices for military personnel serving in combat (G) serving as a model for revenue distribu- zones that was entered into or agreed upon KLOBUCHAR, Mr. HARKIN, Mr. JOHNSON, tion to other resource-rich countries in the by the Department of Defense after January Mr. CASEY, Mr. BYRD, Mr. GRASSLEY, Middle East; and 28, 2008, and, for each such contract, an as- Mr. SMITH, Mr. CARDIN, and Mr. CRAIG) (4) the United States should provide assist- sessment of the extent to which the entry submitted an amendment intended to ance to Iraq for implementation of an oil into or agreement upon such contract. 1) was trust. be proposed by him to the bill S. 3001, accomplished using competitive procedures. to authorize appropriations for fiscal 2) provided individual users the flexibility of (c) UNITED STATES ASSISTANCE TO IRAQ.— (1) PURPOSE.—The purpose of this sub- year 2009 for military activities of the using phone cards from other phone card Department of Defense, for military companies. section is to stipulate limitations on United (2) A statement of the average cost per States assistance to Iraq for reconstruction construction, and for defense activities minute of telephone service for military per- purposes. of the Department of Energy, to pre- sonnel serving in combat zones under each (2) LIMITATION.— scribe military personnel strengths for contract of the Department of Defense for (A) IN GENERAL.—Unless the Secretary of such fiscal year, and for other pur- morale, welfare, and recreation telephone State submits to the appropriate congres- poses; which was ordered to lie on the sional committees the certification de- services for such personnel that is in effect table; as follows: as of the date of the enactment of this Act. scribed in subsection (d) within 90 days after the date of the enactment of this Act, 10 per- At the end of division A, add the following: SA 5404. Mrs. CLINTON (for herself cent of United States assistance described in TITLE XVII—NATIONAL GUARD subparagraph (D) that is otherwise available and Mr. ENSIGN) submitted an amend- EMPOWERMENT AND RELATED MATTERS to Iraq through the Economic Support Fund ment intended to be proposed by her to shall be withheld. SEC. 1701. SHORT TITLE. the bill S. 3001, to authorize appropria- (B) ADDITIONAL WITHHOLDING OF FUNDS.—An This title may be cited as the ‘‘National tions for fiscal year 2009 for military additional 10 percent of United States assist- Guard Empowerment and State-National De- activities of the Department of De- ance described in subparagraph (D) that is fense Integration Act of 2008’’. fense, for military construction, and otherwise available to Iraq through the Eco- SEC. 1702. EXPANDED AUTHORITY OF THE CHIEF for defense activities of the Depart- nomic Support Fund shall be withheld for OF THE NATIONAL GUARD BUREAU. ment of Energy, to prescribe military each additional 30 days after funds are with- (a) MEMBERSHIP ON JOINT CHIEFS OF STAFF.— personnel strengths for such fiscal held under subparagraph (A) until the Sec- retary of State makes the certification de- (1) IN GENERAL.—Section 151(a) of title 10, year, and for other purposes; which was scribed in subsection (d). United States Code, is amended by adding at ordered to lie on the table; as follows: (C) RELEASE OF WITHHELD FUNDS.—Any the end the following new paragraph: On page 342, between lines 10 and 11, insert funds withheld under subparagraphs (A) and ‘‘(7) The Chief of the National Guard Bu- the following: (B) shall be made available upon submission reau.’’. SEC. 1208. SUPPORT FOR AN IRAQ OIL TRUST. by the Secretary of State of the certification (2) CONFORMING AMENDMENT.—Section 10502 (a) STATEMENT OF POLICY.—It is the policy described in subsection (d). of such title is amended— of the United States that— (D) COVERED ASSISTANCE.—The assistance (A) by redesignating subsections (d) and (e) (1) the people of Iraq should benefit di- referred to in subparagraphs (A) and (B) are as subsections (e) and (f), respectively; and rectly from a share of the revenues gen- the following funds: (B) by inserting after subsection (c) the fol- erated by the hydrocarbon resources of their (i) Provincial Reconstruction Development lowing new subsection (d): country; and Council Funds. ‘‘(d) MEMBER OF JOINT CHIEFS OF STAFF.— (2) the United States Government should (ii) Operations and Maintenance Sustain- The Chief of the National Guard Bureau present a plan and provide capacity and eco- ment. shall perform the duties prescribed for him nomic assistance for the implementation of (iii) Targeted Development Program. or her as a member of the Joint Chiefs of an Iraq oil trust. (d) CERTIFICATION.—The certification re- Staff under section 151 of this title.’’. (b) SENSE OF CONGRESS.—It is the sense of ferred to in subsection (c) is a certification (b) ANNUAL REPORT TO CONGRESS ON VALI- Congress that— submitted by the Secretary of State to the DATED REQUIREMENTS.—Section 10504 of title (1) the future of Iraq’s oil reserves remains appropriate congressional committees that— 10, United States Code, is amended by adding at the heart of political reconciliation in (1) certifies that representatives of the at the end the following new subsection: Iraq; United States Government have presented to ‘‘(c) ANNUAL REPORT ON VALIDATED RE- (2) ensuring that individual Iraqis benefit Government of Iraq representatives an oil QUIREMENTS.—Not later than December 31 directly from hydrocarbon revenues is crit- trust plan that includes— each year, the Chief of the National Guard ical to promoting reconciliation and facili- (A) background on oil trusts, including Bureau shall submit to Congress a report on tating sustainable stability in Iraq; those currently used by sovereign nations or the following: (3) the development and implementation of territories and states within nations; and ‘‘(1) The requirements validated under sec- an oil trust could provide significant bene- (B) options for different types of oil trusts tion 10503a(b)(1) of this title during the pre- fits to Iraq and its citizens, including by— that could be implemented in Iraq; and ceding fiscal year. (A) helping to demonstrate the values at (2) includes a discussion on the steps nec- ‘‘(2) The requirements referred to in para- the heart of democratic governance by giv- essary to implement an oil trust. graph (1) for which funding is to be requested ing Iraqi citizens a direct stake in the re- (e) APPROPRIATE CONGRESSIONAL COMMIT- in the next budget for a fiscal year under sponsible and transparent management of TEES DEFINED.—In this section, the term section 10544 of this title. the hydrocarbon resources of Iraq and the ‘‘appropriate congressional committees’’ ‘‘(3) The requirements referred to in para- use and distribution of hydrocarbon reve- means— graph (1) for which funding will not be re- nues; (1) the Committee on Armed Services, the quested in the next budget for a fiscal year (B) helping to diffuse the degree and con- Committee on Foreign Relations, and the under section 10544 of this title.’’. centration of control of the revenues gen- Committee on Appropriations of the Senate; SEC. 1703. EXPANDED FUNCTIONS OF THE NA- erated from hydrocarbon resources, thereby and TIONAL GUARD BUREAU. reducing the opportunity for and magnitude (2) the Committee on Armed Services, the (a) MILITARY ASSISTANCE FOR CIVIL AU- of corruption; Committee on Foreign Affairs, and the Com- THORITIES.—Chapter 1011 of title 10, United (C) facilitating ‘‘bottom-up’’ private sector mittee on Appropriations of the House of States Code, is amended by inserting after development, which will be critical to Iraq’s Representatives. section 10503 the following new section:

VerDate Aug 31 2005 05:11 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.071 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8313

‘‘§ 10503a. Functions of National Guard Bu- ‘‘(vi) The Director of the Joint Staff of the (2) DEPUTY DIRECTOR, ARMY NATIONAL reau: military assistance to civil authorities National Guard Bureau under section 10505 of GUARD.—Any reference in a law, regulation, ‘‘(a) IDENTIFICATION OF ADDITIONAL NEC- this title. document, paper, or other record of the ESSARY ASSISTANCE.—The Chief of the Na- ‘‘(vii) Seven adjutants general from the United States to the Deputy Director of the tional Guard Bureau shall— planning committee under paragraph (B).’’. Army National Guard shall be deemed to be ‘‘(1) identify gaps between Federal and (b) BUDGETING FOR TRAINING AND EQUIP- a reference to the Deputy Vice Chief of the State military capabilities to prepare for MENT FOR MILITARY ASSISTANCE TO CIVIL AU- Army National Guard. and respond to emergencies; and THORITIES AND OTHER DOMESTIC MISSIONS.— (3) DIRECTOR, AIR NATIONAL GUARD.—Any ‘‘(2) make recommendations to the Sec- Chapter 1013 of such title is amended by add- reference in a law, regulation, document, retary of Defense on programs and activities ing at the end the following new section: paper, or other record of the United States of the National Guard for military assistance ‘‘§ 10544. National Guard training and equip- to the Director of the Air National Guard to civil authorities to address such gaps. ment: budget for military assistance to civil shall be deemed to be a reference to the Vice ‘‘(b) SCOPE OF RESPONSIBILITIES.—In meet- authorities and for other domestic oper- Chief of the Air National Guard. ing the requirements of subsection (a), the ations (4) DEPUTY DIRECTOR, AIR NATIONAL Chief of the National Guard Bureau shall, in ‘‘(a) IN GENERAL.—The budget justification GUARD.—Any reference in a law, regulation, coordination with the adjutants general of documents materials submitted to Congress document, paper, or other record of the the States, have responsibilities as follows: in support of the budget of the President for United States to the Deputy Director of the ‘‘(1) To validate the requirements of the a fiscal year (as submitted with the budget Air National Guard shall be deemed to be a several States and Territories with respect of the President under section 1105(a) of title reference to the Deputy Vice Chief of the Air to military assistance to civil authorities. 31) shall specify separate amounts for train- National Guard. ‘‘(2) To develop doctrine and training re- ing and equipment for the National Guard SEC. 1705. TREATMENT OF CERTAIN SERVICE AS quirements relating to the provision of mili- for purposes of military assistance to civil JOINT DUTY EXPERIENCE. tary assistance to civil authorities. authorities and for other domestic oper- (a) VICE CHIEFS, ARMY AND AIR NATIONAL GUARD.—Section 10506(a)(3) of title 10, United ‘‘(3) To acquire equipment, materiel, and ations during such fiscal year. States Code, as amended by section 1704(a) of other supplies and services for the provision ‘‘(b) SCOPE OF FUNDING.—The amounts of military assistance to civil authorities. specified under subsection (a) for a fiscal this Act, is further amended— ‘‘(4) To assist the Secretary of Defense in year shall be sufficient for purposes as fol- (1) by redesignating subparagraphs (C), (D), preparing the budget required under section lows: and (E) as subparagraphs (D), (E), and (F), re- 10544 of this title. ‘‘(1) The development and implementation spectively; and ‘‘(5) To administer amounts provided the of doctrine and training requirements appli- (2) by inserting after subparagraph (B) the National Guard for the provision of military cable to the assistance and operations de- following new subparagraph (C): ‘‘(C) Service of an officer as adjutant gen- assistance to civil authorities. scribed in subsection (a) for such fiscal year. eral shall be treated as joint duty experience ‘‘(6) To carry out any other responsibility ‘‘(2) The acquisition of equipment, mate- for purposes of assignment or promotion to relating to the provision of military assist- riel, and other supplies and services nec- any position designated by law as open to a ance to civil authorities as the Secretary of essary for the provision of such assistance National Guard general officer.’’. Defense shall specify. and such operations in such fiscal year.’’. (b) ADJUTANTS GENERAL AND SIMILAR OFFI- ‘‘(c) ASSISTANCE.—The Chairman of the (c) CLERICAL AMENDMENTS.— CERS.—The service of an officer of the Armed Joint Chiefs of Staff shall assist the Chief of (1) The table of sections at the beginning of Forces as adjutant general, or as an officer the National Guard Bureau in carrying out chapter 1011 of such title is amended by in- (other than adjutant general) of the National activities under this section. serting after the item relating to section Guard of a State who performs the duties of ‘‘(d) CONSULTATION.—(1) The Chief of the 10503 the following new item: adjutant general under the laws of such National Guard Bureau shall carry out ac- ‘‘10503a. Functions of National Guard Bu- State, shall be treated as joint duty or joint tivities under this section through and uti- reau: military assistance to duty experience for purposes of any provi- lizing an integrated planning process estab- civil authorities.’’. sions of law required such duty or experience lished by the Chief of the National Guard Bu- (2) The table of sections at the beginning of as a condition of assignment or promotion. reau for purposes of this subsection. The chapter 1013 of such title is amended by add- (c) REPORT ON DUTY IN JOINT FORCE HEAD- planning process may be known as the ‘Na- ing at the end the following new item: QUARTERS TO QUALIFY AS JOINT DUTY EXPERI- tional Guard Bureau Strategic Integrated ‘‘10544. National Guard training and equip- ENCE.—Not later than April 1, 2009, the Chief Planning Process’. ment: budget for military as- of the National Guard Bureau shall, in con- ‘‘(2)(A) Under the integrated planning proc- sistance to civil authorities and sultation with the adjutants general of the ess established under paragraph (1)— for other domestic oper- National Guard, submit to the Chairman of ‘‘(i) the planning committee described in ations.’’. the Joint Chiefs of Staff and to Congress a subparagraph (B) shall develop and submit to report setting forth the recommendations of the planning directorate described in sub- SEC. 1704. REDESIGNATION OF POSITIONS OF DI- RECTOR OF THE ARMY NATIONAL the Chief of the National Guard Bureau as to paragraph (C) plans and proposals on such GUARD, DIRECTOR OF THE AIR NA- which duty of officers of the National Guard matters under the planning process as the TIONAL GUARD, AND ASSOCIATED in the Joint Force Headquarters of the Na- Chief of the National Guard Bureau shall POSITIONS. tional Guard of the States should qualify as designate for purposes of this subsection; and (a) REDESIGNATION.—Section 10506 of title joint duty or joint duty experience for pur- ‘‘(ii) the planning directorate shall review 10, United States Code, is amended— poses of the provisions of law requiring such and make recommendations to the Chief of (1) by striking ‘‘Director, Army National duty or experience as a condition of assign- the National Guard Bureau on the plans and Guard’’ each place it appears and inserting ment or promotion. proposals submitted to the planning direc- ‘‘Vice Chief, Army National Guard’’; (d) REPORTS ON JOINT EDUCATION torate under clause (i). (2) by striking ‘‘Deputy Director, Army COURSES.—Not later than April 1 of each of ‘‘(B) The planning committee described in National Guard’’ each place it appears and 2009, 2010, and 2011, the Chairman of the this subparagraph is a planning committee inserting ‘‘Deputy Vice Chief, Army Na- Joint Chiefs of Staff shall submit to Con- (to be known as the ‘State Strategic Inte- tional Guard’’; gress a report setting forth information on grated Planning Committee’) composed of (3) by striking ‘‘Director, Air National the joint education courses available the adjutant general of each of the several Guard’’ each place it appears and inserting through the Department of Defense for pur- States, the Commonwealth of Puerto Rico, ‘‘Vice Chief, Air National Guard’’; and poses of the pursuit of joint careers by offi- Guam, the Virgin Islands, and the District of (4) by striking ‘‘Deputy Director, Air Na- cers in the Armed Forces. Each report shall Columbia. tional Guard’’ each place it appears and in- include, for the preceding year, the fol- ‘‘(C) The planning directorate described in serting ‘‘Deputy Vice Chief, Air National lowing: this subparagraph is a planning directorate Guard’’. (1) A list and description of the joint edu- (to be known as the ‘Federal Strategic Inte- (b) CONFORMING AMENDMENT.—Section cation courses so available during such year. grated Planning Directorate’) composed of 14512(a)(2)(D) of such title is amended by (2) A list and description of the joint edu- the following (as designated by the Secretary striking ‘‘Director of the Army National cation courses listed under paragraph (1) of Defense for purposes of this subsection): Guard, or Director of the Air National that are available to and may be completed ‘‘(i) A major general of the Army National Guard’’ and inserting ‘‘Vice Chief of the by officers of the reserve components of the Guard. Army National Guard, or Vice Chief of the Armed Forces in other than an in-resident ‘‘(ii) A major general of the Air National Air National Guard’’. duty status under title 10, United States Guard. (c) REFERENCES.— Code, or title 32, United States Code. ‘‘(iii) A major general of the regular Army. (1) DIRECTOR, ARMY NATIONAL GUARD.—Any (3) For each course listed under paragraph ‘‘(iv) A major general of the regular Air reference in a law, regulation, document, (1), the number of officers from each Armed Force. paper, or other record of the United States Force who pursued such course during such ‘‘(v) A major general (other than a major to the Director of the Army National Guard year, including the number of officers of the general under clauses (iii) and (iv)) of the shall be deemed to be a reference to the Vice Army National Guard, and of the Air Na- United States Northern Command. Chief of the Army National Guard. tional Guard, who pursued such course.

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.073 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8314 CONGRESSIONAL RECORD — SENATE September 10, 2008 SEC. 1706. ENHANCEMENT OF AUTHORITIES RE- inserting after chapter 15 the following new SA 5407. Mr. CORNYN submitted an LATING TO THE UNITED STATES chapter: amendment intended to be proposed by NORTHERN COMMAND AND OTHER COMBATANT COMMANDS. ‘‘CHAPTER 16—CONTROL OF THE ARMED him to the bill S. 3001, to authorize ap- (a) COMMANDS RESPONSIBLE FOR SUPPORT FORCES IN ACTIVITIES WITHIN THE propriations for fiscal year 2009 for STATES AND POSSESSIONS TO CIVIL AUTHORITIES IN THE UNITED military activities of the Department STATES.—The United States Northern Com- ‘‘Sec. of Defense, for military construction, ‘‘341. Tactical control of the armed forces en- mand and the United States Pacific Com- and for defense activities of the De- mand shall be the combatant commands of gaged in activities within the States and possessions: emer- partment of Energy, to prescribe mili- the Armed Forces that are principally re- tary personnel strengths for such fiscal sponsible for the support of civil authorities gency response activities. in the United States by the Armed Forces. ‘‘§ 341. Tactical control of the armed forces year, and for other purposes; which was (b) DISCHARGE OF RESPONSIBILITY.—In dis- engaged in activities within the States and ordered to lie on the table; as follows: charging the responsibility set forth in sub- possessions: emergency response activities At the end of subtitle D of title X, add the section (a), the Commander of the United ‘‘(a) IN GENERAL.—The Secretary of De- following: States Northern Command and the Com- fense shall prescribe in regulations policies SEC. 1041. SAFETY OF EXPEDITIONARY FACILI- mander of the United States Pacific Com- and procedures to assure that tactical con- TIES, INFRASTRUCTURE, AND mand shall each— trol of the armed forces on active duty with- EQUIPMENT SUPPORTING UNITED (1) in consultation with and acting through in a State or possession is vested in the gov- STATES MILITARY OPERATIONS the Chief of the National Guard Bureau and ernor of the State or possession, as the case OVERSEAS. the Joint Force Headquarters of the Na- may be, when such forces are engaged in In order to assure the safe utilization by tional Guard of the State or States con- emergency response activities within such the Armed Forces of expeditionary facilities, cerned, assist the States in the employment State or possession. infrastructure, and equipment supporting of the National Guard under State control, ‘‘(b) DISCHARGE THROUGH JOINT FORCE United States military operations overseas, including National Guard operations con- HEADQUARTERS.—The policies and procedures the Secretary of Defense shall certify to the ducted in State active duty or under title 32, required under subsection (a) shall provide congressional defense committees, by not United States Code; and for the discharge of tactical control by the later than March 30, 2009, that each of the (2) facilitate the deployment of the Armed governor of a State or possession as de- following actions have been accomplished: Forces on active duty under title 10, United scribed in that subsection through the Joint (1) That generally accepted industry stand- States Code, as necessary to augment and Force Headquarters of the National Guard in ards for the safety of personnel are incor- support the National Guard in its support of the State or possession, as the case may be, porated into military regulations estab- civil authorities when National Guard oper- acting through the officer of the National lishing requirements for facilities, infra- ations are conducted under State control, Guard in command of the Headquarters. structure, and equipment, including stand- whether in State active duty or under title ‘‘(c) POSSESSIONS DEFINED.—Notwith- ards with respect to fire protection and 32, United States Code. standing any provision of section 101(a), in structural integrity, and standards with re- (c) MEMORANDUM OF UNDERSTANDING RE- this section, the term ‘possessions’ means spect to electrical systems, water treatment, GARDING THE UNITED STATES NORTHERN COM- the Commonwealth of Puerto Rico, Guam, and telecommunication networks. MAND AND OTHER COMBATANT COMMANDS.— and the Virgin Islands.’’. (2) That each contract or task or delivery (1) MEMORANDUM REQUIRED.—Not later (b) CLERICAL AMENDMENTS.—The tables of order carried out for the construction, in- than 180 days after the date of the enactment chapters at the beginning of title 10, United stallation, repair, maintenance, or operation of this Act, the Commander of the United States Code, and at the beginning of part I of of expeditionary facilities for the Armed States Northern Command, the Commander subtitle A of such title, are each amended by Forces overseas incorporates generally ac- of the United States Pacific Command, and inserting after the item relating to chapter cepted industry standards for the safety of the Chief of the National Guard Bureau 15 the following new item: personnel utilizing such facilities. shall, with the approval of the Secretary of ‘‘16. Control of the Armed Forces in (3) That the standards required under para- Defense, jointly enter into a memorandum of Activities Within the States and graphs (1) and (2) apply in all current and fu- understanding setting forth the operational Possessions ...... 341’’. ture United States military operations over- relationships, and individual roles and re- SEC. 1708. REQUIREMENTS RELATING TO NA- seas. sponsibilities, during responses to domestic TIONAL GUARD OFFICERS IN CER- emergencies among the United States North- TAIN COMMAND POSITIONS. SA 5408. Mr. BROWNBACK submitted ern Command, the United States Pacific (a) COMMANDER OF ARMY NORTH COM- an amendment intended to be proposed Command, and the National Guard Bureau. MAND.—The officer serving in the position of by him to the bill S. 3001, to authorize (2) MODIFICATION.—The Commander of the Commander, Army North Command, shall be appropriations for fiscal year 2009 for United States Northern Command, the Com- an officer in the Army National Guard of the military activities of the Department mander of the United States Pacific Com- United States. of Defense, for military construction, (b) COMMANDER OF AIR FORCE NORTH COM- mand, and the Chief of the National Guard and for defense activities of the De- Bureau may from time to time modify the MAND.—The officer serving in the position of memorandum of understanding under this Commander, Air Force North Command, partment of Energy, to prescribe mili- subsection to address changes in cir- shall be an officer in the Air National Guard tary personnel strengths for such fiscal cumstances and for such other purposes as of the United States. year, and for other purposes; which was the Commander of the United States North- (c) SENSE OF CONGRESS.—It is the sense of ordered to lie on the table; as follows: Congress that, in assigning officers to the ern Command, the Commander of the United At the end of subtitle D of title X, add the command positions specified in subsections States Pacific Command, and the Chief of following: the National Guard Bureau jointly consider (a) and (b), the President should afford a preference in assigning officers in the Army SEC. 1041. CONSIDERATION OF ADVISORY MIS- appropriate. Each such modification shall be SIONS BY THE DEPARTMENT OF DE- subject to the approval of the Secretary of National Guard of the United States or Air FENSE IN SUPPORT OF UNITED Defense. National Guard of the United States, as ap- STATES EFFORTS TO BUILD PART- (d) AUTHORITY TO MODIFY ASSIGNMENT OF plicable, who have served as the adjutant NER CAPACITY IN THE GLOBAL WAR COMMAND RESPONSIBILITY.—Nothing in this general of a State. ON TERRORISM IN THE 2009 QUAD- section shall be construed as altering or lim- (d) CERTAIN JOINT TASK FORCE POSITIONS.— RENNIAL DEFENSE REVIEW. iting the power of the President or the Sec- (1) IN GENERAL.—Of the officers serving in (a) IN GENERAL.—In conducting the quad- retary of Defense to modify the Unified Com- the positions specified in each subparagraph rennial defense review required in 2009 by mand Plan in order to assign all or part of of paragraph (2), as least one such officer section 118 of title 10, United States Code, the responsibility described in subsection (a) under each subparagraph shall be an officer the Secretary of Defense shall assess the fol- to a combatant command other than the in the Army National Guard of the United lowing: United States Northern Command or the States or an officer in the Air National (1) The advisability of advisory missions by United States Pacific Command. Guard of the United States. the Department of Defense in support of (e) REGULATIONS.—The Secretary of De- (2) COVERED POSITIONS.—The positions United States efforts to build partner capac- fense shall prescribe regulations for purposes specified in this paragraph are: ity in the Global War on Terrorism, includ- of aiding the expeditious implementation of (A) Commander, Joint Task Force Alaska, ing advisory missions as follows: the authorities and responsibilities in this and Deputy Commander, Joint Task Force (A) Combat advisory missions to train section. Alaska. ground forces and air forces of partner coun- SEC. 1707. STATE CONTROL OF FEDERAL MILI- (B) Commander, Joint Task Force Civil tries. TARY FORCES ENGAGED IN ACTIVI- Support, and Deputy Commander, Joint (B) Advisory missions to the defense and TIES WITHIN THE STATES AND POS- Task Force Civil Support. interior ministries of partner countries. SESSIONS. (C) Commander, Joint Task Force North, (2) The forces, whether general purposes (a) IN GENERAL.—Part I of subtitle A of and Deputy Commander, Joint Task Force forces or special operations forces, that are title 10, United States Code, is amended by North. the most effective means of undertaking the

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.073 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8315 future advisory missions of the Department Defense, for military construction, and tive agent within the Department of Defense as described in paragraph (1). for defense activities of the Depart- to receive and analyze each report on an in- (3) The modifications in the force structure ment of Energy, to prescribe military vestigation pursuant to paragraph (4) in necessary to ensure the continued effective- personnel strengths for such fiscal order to— (A) identify trends or common causal fac- ness of the advisory missions of the Depart- year, and for other purposes; which was ment as described in paragraph (1). tors in suicides by members of the Armed (b) SUBMITTAL TO CONGRESS.—The quadren- ordered to lie on the table; as follows: Forces; and nial defense review required to be submitted Strike section 581 and insert the following: (B) advise the Secretary on means by to Congress under section 118(d) of title 10, SEC. 581. DEPARTMENT OF DEFENSE POLICY ON which the suicide education and prevention United States Code, in 2010 shall include a THE PREVENTION OF SUICIDES BY strategies and programs of the military de- separate discussion of the results of the as- MEMBERS OF THE ARMED FORCES. partments can respond appropriately and ef- sessment required by subsection (a). (a) POLICY REQUIRED.—Not later than Au- fectively to such trends and causal factors. gust 1, 2009, the Secretary of Defense shall (8) A requirement for an annual report to SA 5409. Mr. BROWN (for himself and develop a comprehensive policy designed to the Secretary of Defense by each Secretary prevent suicide by members of the Armed of a military department on the following: Mr. ENSIGN) submitted an amendment Forces. intended to be proposed by him to the (A) The results of investigations into sui- (b) PURPOSES.—The purposes of the policy cide by members of the Armed Forces pursu- bill S. 3001, to authorize appropriations required by this section shall be as follows: ant to paragraph (2) for each calendar year for fiscal year 2009 for military activi- (1) To ensure that investigations, analyses, beginning with 2010. ties of the Department of Defense, for and appropriate data collection can be con- (B) Actions taken to improve the suicide military construction, and for defense ducted, across the military departments, on education and prevention strategies and pro- activities of the Department of Energy, the causes and factors surrounding suicides grams of the military departments. by members of the Armed Forces. (C) Total number of suicides among mem- to prescribe military personnel (2) To develop effective strategies and poli- strengths for such fiscal year, and for bers of the Armed Forces during the period cies for the education of members of the beginning on January 1, 2002, and ending at other purposes; which was ordered to Armed Forces and their families to assist in the end of the most recent calendar year lie on the table; as follows: preventing suicides and suicide attempts by quarter preceding the submittal of such re- At the end of subtitle D of title V, add the members of the Armed Forces. port, including the number of suicides con- following: (c) ELEMENTS OF INVESTIGATIONS.—The pol- firmed and the number of deaths being inves- icy required by subsection (b)(1) shall in- tigated as a suicide, set forth— SEC. 556. INCREASE IN NUMBER OF UNITS OF clude, but not be limited to, the following: JUNIOR RESERVE OFFICERS’ TRAIN- (i) by calendar year quarter in which death ING CORPS. (1) Requirements for investigations and occurred; data collection in connection with suicides (a) PLAN FOR INCREASE.—The Secretary of (ii) by military department of the members Defense, in consultation with the Secretaries by members of the Armed Forces. concerned; and of the military departments, may implement (2) A requirement for the appointment by (iii) by whether death occurred while the a plan to establish and support up to 4,000 the appropriate military authority of a sepa- members concerned were deployed or while Junior Reserve Officers’ Training Corps rate investigating officer to conduct an ad- assigned to permanent duty station or home- units not later than fiscal year 2020. ministrative investigation into each suicide port. (b) COOPERATION.—The Secretary of De- by a member of the Armed Forces in accord- (d) CONSTRUCTION OF INVESTIGATION WITH fense, shall work with local educational ance with the requirements specified under OTHER INVESTIGATION REQUIREMENTS.—The agencies to increase the employment in Jun- paragraph (1). investigation of the suicide by a member of ior Reserve Officers’ Training Corps units of (3) Requirements for minimum informa- the Armed Forces under the policy required retired members of the Armed Forces who tion to be determined under each investiga- by this section shall be in addition to any are retired under chapter 61 of title 10, tion pursuant to paragraph (2), including, other investigation of the suicide required by United States Code, especially members who but not limited to, the following: law, including any investigation for criminal were wounded or injured while deployed in a (A) Any mental illness or other mental purposes. contingency operation. health condition, including Post Traumatic (e) ELEMENTS OF EDUCATION.—The policy (c) REPORT ON PLAN.—The Secretary of De- Stress Disorder (PTSD), of the member of required by subsection (b)(2) may include, fense shall provide a report to the congres- the Armed Forces concerned at the time of but not be limited to, the following: sional defense committees on the following: the completion of suicide. (1) A review and evaluation of existing sui- (1) A description of how the Secretaries of (B) Any other illness or injury of the mem- cide prevention efforts across the military the military departments can increase the ber at the time of the completion of suicide. departments, including an assessment of the number of units of the Junior Reserve Offi- (C) Any receipt of health care services, in- effectiveness of current efforts and of how cers’ Training Corps specified in subsection cluding mental health care services, by the such efforts are addressing issues related to (a), including how many new units may member before the completion of suicide. combat stress. foreseeably be established per year by each (D) Any utilization of prescription drugs (2) A requirement for suicide prevention service. by the member before the completion of sui- training (as described in subsection (f)) on an (2) The annual funding necessary to sup- cide. annual basis for all members of the Armed port any increase in units, including the per- (E) The number, frequency, and dates of Forces (including members of the National sonnel costs associated. deployment of the member. Guard and Reserve), for all civilian health (3) The number of qualified private and (F) The military duty assignment of the care community and family support profes- public schools, if any, who have requested a member at the time of the completion of sui- sionals of the Department of Defense, and for Junior Reserve Officers’ Training Corps unit cide. such other service personnel of the Depart- that are on a waiting list. (G) Any observations by family members, ment as the Secretary shall designate for (4) Efforts to improve the increased dis- health care providers, medical care man- purposes of this paragraph. tribution of units geographically across the agers, and other members of the Armed (3) Enhancement of the basic lifesaving United States. Forces of any symptoms of depression, anx- training course for members of the Armed (5) Efforts to increase distribution of units iety, alcohol or drug abuse, or other relevant Forces to include within such training mat- in educationally and economically deprived behavior in the member before the comple- ters relating to recognition of risk factors areas. tion of suicide. for suicide, identification of signs and symp- (6) Efforts to enhance employment oppor- (H) The results of a psychological autopsy toms of mental health concerns and combat tunities for qualified former military mem- of the member, if conducted. stress, and protocols for responding to crisis bers retired for disability, especially those (4) A requirement for a report from each situations involving members of the Armed wounded while deployed in a contingency op- administrative investigation conducted pur- Forces who may be at high risk for suicide. eration. suant to paragraph (2) which shall set forth (4) Enhancement of training for military (e) TIME FOR SUBMISSION.—The report re- the findings and recommendations resulting medics and medical personnel to include quired under subsection (b), along with the from such investigation. within such training matters relating to rec- report required by subsection (e), shall be (5) Procedures for the protection of the ognition of risk factors for suicide, identi- submitted to the congressional defense com- confidentiality of information contained in fication of signs and symptoms of mental mittees not later than May 1, 2009. each report on an investigation pursuant to health concerns and combat stress, and pro- paragraph (4). tocols for responding to crisis situations in- SA 5410. Mr. HARKIN (for himself (6) A requirement that the Deputy Chief of volving members of the Armed Forces who Staff for Personnel of the military depart- may be at high risk for suicide. and Mr. OBAMA) submitted an amend- ment concerned receive and analyze each re- (5) Review and enhancement of require- ment intended to be proposed by him port on an investigation pursuant to para- ments for access of units to crisis response to the bill S. 3001, to authorize appro- graph (4). teams to prevent and respond to traumatic priations for fiscal year 2009 for mili- (7) The appointment by the Secretary of events, such as members in crisis or loss of tary activities of the Department of Defense of an appropriate official or execu- unit members, which teams shall include

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.074 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8316 CONGRESSIONAL RECORD — SENATE September 10, 2008 qualified mental health professionals and (D) The Centers for Disease Control and year, and for other purposes; which was may include medical staff, chaplains, family Prevention. ordered to lie on the table; as follows: support staff, peers, and other appropriate (h) REPORT ON ACTIONS TAKEN.— At the end of subtitle F of title X, add the personnel. (1) IN GENERAL.—Not later than August 1, following: (6) A campaign of outreach throughout the 2011, the Secretary of Defense shall submit SEC. 1068. PILOT PROGRAMS ON TRAINING AND Armed Forces and the military family com- to the Committee on Armed Services of the CERTIFICATION FOR FAMILY CARE- munities intended to— Senate and the Committee on Armed Serv- GIVER PERSONAL CARE ATTEND- (A) reduce the stigma among members of ices of the House of Representatives a report ANTS FOR VETERANS AND MEMBERS the Armed Forces and their families, and in on the actions taken to develop and imple- OF THE ARMED FORCES WITH TRAU- such communities, associated with mental ment effective policies and strategies for the MATIC BRAIN INJURY. health concerns; education of members of the Armed Forces (a) PILOT PROGRAMS AUTHORIZED.—The (B) encourage members of the Armed and their families on the prevention of sui- Secretary of Veterans Affairs shall, in col- Forces and individuals in such communities cide by members of the Armed Forces. laboration with the Secretary of Defense, to seek help with such concerns; (2) ELEMENTS.—The report under paragraph carry out up to three pilot programs to as- (C) increase awareness among members of (1) shall include the following: sess the feasibility and advisability of pro- the Armed Forces and in such communities (A) A description of the actions taken as viding training and certification for family caregivers of veterans and members of the that mental health is essential to overall described in paragraph (1). Armed Forces with traumatic brain injury as health; (B) An evaluation and assessment of the personal care attendants of such veterans (D) increase awareness among members of actions referred to in subparagraph (A), and members. the Armed Forces and in such communities which shall include an evaluation and assess- (b) LOCATIONS.—Each pilot program under regarding substance abuse concerns, rela- ment of the effectiveness of such actions in this section shall be carried out in a medical tionship and financial difficulties, and legal reducing the incidence of suicide among facility of the Department of Veterans Af- and occupational difficulties; and members of the Armed Forces, including an fairs. In selecting the locations of the pilot (E) inclusion in addresses to veterans serv- assessment of— programs, the Secretary shall give special ice organizations and other public addresses, (i) the extent to which such actions effec- emphasis to the polytrauma centers of the and in other public speeches, by senior offi- tively targeted members of the Armed Department of Veterans Affairs designated cials of the Department of Defense of the Forces and their families; and as Tier I polytrauma centers. themes of the importance of mental health, (ii) the extent to which such actions in- (c) TRAINING CURRICULA.— and the importance of seeking help on men- creased awareness among members of the (1) IN GENERAL.—The Secretary of Veterans tal health concerns and stress on military Armed Forces and their families on risk fac- Affairs shall develop curricula for the train- family members, for members of the Armed tors for suicide. ing of personal care attendants under the Forces, veterans, and their families. (3) PERFORMANCE OF EVALUATION AND AS- pilot programs under this section. Such cur- (7) Post-deployment assistance for spouses SESSMENT.—The evaluation and assessment ricula shall incorporate— and parents of returning members including required under paragraph (2)(B) shall be per- (A) applicable standards and protocols uti- members of the National Guard and Reserve, formed by an appropriate non-Federal Gov- lized by certification programs of national who are returning from deployment assist- ernment entity selected by the Secretary for brain injury care specialist organizations; ance in— purposes of this subsection. The Secretary and (A) understanding issues that arise in the may provide for the performance of the eval- (B) best practices recognized by caregiving readjustment of such members— uation and assessment by the entity so se- organizations. (i) for members of the National Guard and lected by contract or other cooperative (2) USE OF EXISTING CURRICULA.—In devel- Reserve, to civilian life; and agreement with, or by grant to, such entity. oping the curricula required by paragraph (ii) for members of the regular components (1), the Secretary of Veterans Affairs shall, of the Armed Forces, to military life in a SA 5411. Mr. NELSON (for himself to the extent practicable, utilize and expand non-combat environment; and Mr. GRAHAM) submitted an amend- upon training curricula developed pursuant (B) identifying signs and symptoms of sub- ment intended to be proposed by him to section 744(b) of the John Warner National stance abuse, mental health conditions, to the bill S. 3001, to authorize appro- Defense Authorization Act for Fiscal Year traumatic brain injury, and risk factors for 2007 (Public Law 109–364; 120 Stat. 2308). priations for fiscal year 2009 for mili- (d) PARTICIPATION IN PROGRAMS.— suicide; and tary activities of the Department of (C) encouraging such members and their (1) IN GENERAL.—The Secretary of Veterans families in seeking assistance for such condi- Defense, for military construction, and Affairs shall determine the eligibility of a tions and in seeking assistance on relation- for defense activities of the Depart- family member of a veteran or member of ship, financial, legal, and occupational dif- ment of Energy, to prescribe military the Armed Forces for participation in the ficulties. personnel strengths for such fiscal pilot programs under this section. (2) BASIS FOR DETERMINATION.—A deter- (f) SUICIDE PREVENTION TRAINING.—For year, and for other purposes; which was purposes of this section, suicide prevention ordered to lie on the table; as follows: mination made under paragraph (1) shall be training is comprehensive training on sui- based on the needs of the veteran or member On page 309, after line 20, add the fol- of the Armed Forces concerned, as deter- cide prevention (including, at a minimum, lowing: education, training, peer-to-peer support mined by the physician of such veteran or SEC. 1068. CLARIFICATION OF CERTAIN ELIGI- methods, outreach, and de-stigmatization on member. BILITY REQUIREMENTS FOR EN- (e) ELIGIBILITY FOR COMPENSATION.—A fam- suicide) developed by the Secretary of De- HANCED DISABILITY SEVERANCE ily caregiver of a veteran or member of the fense for purposes of this section in consulta- PAY. Armed Forces who receives certification as a tion with the Secretary of Veterans Affairs, Section 1212(c)(1)(A) of title 10, United personal care attendant under the pilot pro- the National Institute of Mental Health, the States Code, as added by section 1646 of the grams under this section shall be eligible for Substance Abuse and Mental Health Services National Defense Authorization Act for Fis- compensation from the Department of Vet- Administration of the Department of Health cal Year 2008 (Public Law 110–181; 122 Stat. erans Affairs for care provided to such vet- and Human Services, and the Centers for 472), is amended by striking ‘‘incurred during eran or member. Disease Control and Prevention. the performance of duty in combat-related (f) COSTS OF TRAINING.— (g) REPORT ON POLICY.—Not later than Au- operations as designated by the Secretary of (1) TRAINING OF FAMILIES OF VETERANS.— gust 1, 2009, the Secretary of the Defense Defense.’’ and inserting ‘‘incurred (as deter- Any costs of training provided under the shall submit to the Committee on Armed mined under criteria prescribed by the Sec- pilot programs under this section for family Services of the Senate and the Committee on retary of Defense)— members of veterans shall be borne by the Armed Services of the House of Representa- ‘‘(i) as a direct result of armed conflict; Secretary of Veterans Affairs. tives a report on the policy required by this ‘‘(ii) while engaged in hazardous service; (2) TRAINING OF FAMILIES OF MEMBERS OF section. The report shall include the fol- ‘‘(iii) in the performance of duty under THE ARMED FORCES.—The Secretary of De- lowing: conditions simulating war; or fense shall reimburse the Secretary of Vet- (1) A description of the policy. ‘‘(iv) through an instrumentality of war.’’. erans Affairs for any costs of training pro- (2) A plan for the implementation of the vided under the pilot programs for family policy throughout the Department of De- SA 5412. Mrs. CLINTON submitted an members of members of the Armed Forces. fense, which plan shall be developed by the amendment intended to be proposed by Amounts for such reimbursement shall be Secretary of Defense in consultation with her to the bill S. 3001, to authorize ap- derived from amounts available for Defense the following: propriations for fiscal year 2009 for Health Program for the TRICARE program. (A) The Secretary of Veterans Affairs. military activities of the Department (g) ASSESSMENT OF FAMILY CAREGIVER (B) The National Institute of Mental NEEDS.— Health. of Defense, for military construction, (1) IN GENERAL.—The Secretary of Veterans (C) The Substance Abuse and Mental and for defense activities of the De- Affairs may provide to a family caregiver Health Services Administration of the De- partment of Energy, to prescribe mili- who receives training under a pilot program partment of Health and Human Services. tary personnel strengths for such fiscal under this section—

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.076 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8317 (A) an assessment of their needs with re- blend, at prices equal to or less than market partment of Defense, for military con- spect to their role as a family caregiver; and prices for petroleum-based alternatives, that struction, and for defense activities of (B) a referral to services and support exhibits a more favorable environmental the Department of Energy, to prescribe that— footprint across all major contaminates of military personnel strengths for such (i) are relevant to any needs identified in concern, by not later than December 31, 2016. such assessment; and (9) The Air Force Energy Program will pro- fiscal year, and for other purposes; (ii) are provided in the community where vide options to reduce the use of foreign oil, which was ordered to lie on the table; the family caregiver resides, including such by focusing on expanding alternative energy as follows: services and support provided by commu- options that provide favorable environ- At the end of subtitle C of title II, add the nity-based organizations, publicly-funded mental attributes as compared to currently- following: programs, and the Department of Veterans available options. SEC. 237. ACTIVATION AND DEPLOYMENT OF AN/ Affairs. (b) CONTINUATION OF INITIATIVES.— TPY–2 FORWARD-BASED X-BAND (2) USE OF EXISTING TOOLS.—In developing (1) IN GENERAL.—The Secretary of the Air RADAR. and administering an assessment under para- Force shall continue the alternative aviation (a) AVAILABILITY OF FUNDS.—Subject to graph (1), the Secretary shall, to the extent fuel initiatives of the Air Force in order to— subsection (b), of the amount authorized to practicable, use and expand upon caregiver (A) certify the entire Air Force aircraft be appropriated by section 201(4) for re- assessment tools already developed and in fleet for operations on a 50/50 synthetic fuel search, development, test, and evaluation, use by the Department. blend by not later than June 30, 2011; Defense-wide activities, up to $89,000,000 may (h) CONSTRUCTION.—Nothing in this section (B) acquire 50 percent of its domestic avia- be available for Ballistic Missile Defense shall be construed to require or permit the tion fuel requirement from a domestically- Sensors for the activation and deployment of Secretary of Veterans Affairs to deny— sourced synthetic fuel blend by not later the AN/TPY–2 forward-based X-band radar to (1) reimbursement for health care services than December 31, 2016, provided that— a classified location. provided to a veteran with a brain injury to (i) the lifecycle greenhouse gas emissions (b) LIMITATION.— a personal care attendant who is not a fam- associated with the production and combus- (1) IN GENERAL.—Funds may not be avail- ily member of such veteran; or tion of such fuel shall not be greater than able under subsection (a) for the purpose (2) access to other services and benefits such emissions from conventional fuels that specified in that subsection until the Sec- otherwise available to veterans with a brain are used in the same application; and retary of Defense submits to the Committees injury. (ii) synthetic fuel prices are equal to or on Armed Services of the Senate and the (i) FAMILY CAREGIVER DEFINED.—In this less than market prices for petroleum-based House of Representatives a report on the de- section, with respect to member of the alternatives; ployment of the AN/TPY–2 forward-based X- Armed Forces or a veteran with traumatic (C) take actions in collaboration with the band radar as described in that subsection, brain injury, the term ‘‘family caregiver’’ commercial aviation industry and equipment including: means a relative, partner, or friend of such manufacturers to spur the development of a (A) The location of deployment of the member or veteran who is providing care to domestic alternative aviation fuel industry; radar. such member or veteran for such traumatic and (B) A description of the operational param- brain injury. (D) take actions in collaboration with eters of the deployment of the radar, includ- other Federal agencies, the commercial sec- ing planning for force protection. SA 5413. Mr. THUNE submitted an tor, and academia to solicit for and test the (C) A description of any recurring and non- amendment intended to be proposed by next generation of environmentally-friendly recurring expenses associated with the de- him to the bill S. 3001, to authorize ap- alternative aviation fuels. ployment of the radar. (D) A description of the cost-sharing ar- propriations for fiscal year 2009 for (2) ANNUAL REPORT.—Not later than 60 days after the date of the enactment of this Act, rangements between the United States and military activities of the Department the country in which the radar will be de- of Defense, for military construction, and annually thereafter, the Secretary of De- fense, in consultation with the Secretary of ployed regarding the expenses described in and for defense activities of the De- the Air Force, shall submit to Congress a re- subparagraph (C). partment of Energy, to prescribe mili- port on the progress of the alternative avia- (E) A description of the other terms and tary personnel strengths for such fiscal tion fuel initiative program, including— conditions of the agreement between the year, and for other purposes; which was (A) the status of aircraft fleet certifi- United States and such country regarding ordered to lie on the table; as follows: cation, until complete; the deployment of the radar. (2) FORM.—The report under paragraph (1) On page 81, before line 6, insert the fol- (B) the quantities of domestically-sourced synthetic fuels purchased for use by the Air shall be submitted in unclassified form, but lowing: may include a classified annex. SEC. 344. ALTERNATIVE AVIATION FUEL INITIA- Force in the fiscal year ending in such year; (C) progress made against published goals TIVE. SA 5415. Mr. MCCONNELL submitted (a) FINDINGS.—Congress makes the fol- for such fiscal year; (D) the status of recovery plans to achieve an amendment intended to be proposed lowing findings: by him to the bill S. 3001, to authorize (1) Dependence on foreign sources of oil is any goals set for previous years that were detrimental to the national security of the not achieved; and appropriations for fiscal year 2009 for United States due to possible disruptions in (E) the establishment of goals and objec- military activities of the Department supply. tives for the current fiscal year. of Defense, for military construction, (2) The Department of Defense is the larg- (c) ARMY AND NAVY ENERGY INITIATIVES— and for defense activities of the De- est single consumer of fuel in the United (1) IN GENERAL.—The Secretary of the partment of Energy, to prescribe mili- Army and the Secretary of the Navy should States. tary personnel strengths for such fiscal (3) The United States Air Force is the larg- seek to engage their respective services in an alternative aviation fuel initiative in order year, and for other purposes; which was est consumer of fuel in the Department of ordered to lie on the table; as follows: Defense. to— (A) certify each service’s aircraft fleet for (4) The skyrocketing price of fuel is having At the end of subtitle C of title VII, add operations on a 50/50 synthetic fuel blend; a significant budgetary impact on the De- the following: (B) acquire 50 percent of its domestic avia- partment of Defense. SEC. 722. SENSE OF SENATE ON THE FISCAL tion fuel requirement from a domestically YEAR 2010 FUNDING REQUEST FOR (5) The United States Air Force uses about sourced synthetic fuel blend; THE DEPARTMENT OF DEFENSE FOR 2,600,000,000 gallons of jet fuel a year, or 10 (C) take actions in collaboration with the PROGRAMS AND ACTIVITIES RELAT- percent of the entire domestic market in commercial aviation industry and equipment ING TO TRAUMATIC BRAIN INJURY aviation fuel. AND PSYCHOLOGICAL HEALTH. manufacturers to spur the development of a (6) The fuel costs of the Air Force have tri- (a) FINDINGS.—The Senate makes the fol- domestic alternative aviation fuel industry; pled over the past four years, costing nearly lowing findings: and $6,000,000,000 in 2007, up from $2,000,000,000 in (D) take actions in collaboration with (1) The members of the Armed Forces who 2003. During the same period, its consump- other Federal agencies, the commercial sec- have served in the Global War on Terror tion of fuel decreased by 10 percent. tor, and academia to solicit for and test the have sacrificed greatly on behalf of the (7) The Air Force is committed to environ- next generation of environmentally-friendly American people and deserve treatment for mentally friendly energy solutions. alternative aviation fuels. the injuries they have suffered during their (8) The Air Force has developed an energy service to our nation. program (in this section referred to as the SA 5414. Mr. KYL (for himself, Mr. (2) Funding for programs and activities re- ‘‘Air Force Energy Program’’) to certify the lating to Traumatic Brain Injury and psy- VITTER, Mr. INHOFE, Mr. MARTINEZ, Mr. entire Air Force aircraft fleet for operations chological health have typically been pro- on a 50/50 synthetic fuel blend by not later WARNER, and Mr. LEVIN) proposed an vided by emergency supplemental appropria- than June 30, 2011, and to acquire 50 percent amendment to the bill S. 3001, to au- tions. of its domestic aviation fuel requirement thorize appropriations for fiscal year (3) The budget of the President for fiscal from a domestically-sourced synthetic fuel 2009 for military activities of the De- year 2009 (as submitted to Congress pursuant

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to section 1105 of title 31, United States (c) CLARIFICATION OF CERTAIN CERTIFI- amended by adding at the end of the items Code) included a request for only minimal CATION PENDING IDENTIFICATION OF CORE COM- relating to title II the following new item: funds for the Department of Defense for pro- PETENCIES OF DOD.—Notwithstanding the ef- ‘‘208. Child custody protection.’’. grams and activities relating to Traumatic fective date in section 943(c) of the National Defense Authorization Act for Fiscal Year Brain Injury and psychological health, rely- Mr. VOINOVICH submitted ing instead on supplemental appropriations. 2008, until the completion of the identifica- SA 5418. (4) According to the 2007 annual report of tion of the core competencies of the Depart- an amendment intended to be proposed the Congressionally Directed Medical Re- ment of Defense in the quadrennial review of by him to the bill S. 3001, to authorize search Programs, approximately 20 percent roles and missions under section 118b of title appropriations for fiscal year 2009 for of the members of the Armed Forces who 10, United States Code, that is conducted military activities of the Department have served in the Global War on Terror suf- during 2008, the Milestone Decision Author- of Defense, for military construction, fer from some form of Traumatic Brain In- ity concerned may satisfy the certification and for defense activities of the De- jury. requirement of section 2366b(a)(2) of title 10, United States Code (as amended by sub- partment of Energy, to prescribe mili- (5) The symptoms and side effects of Trau- tary personnel strengths for such fiscal matic Brain Injury and other psychological section (a)), with respect to a major defense health conditions can include depression, acquisition program if the Milestone Deci- year, and for other purposes; which was anxiety, substance abuse, mental confusion, sion Authority certifies that the program is ordered to lie on the table; as follows: and seizures. being executed by an entity with a relevant On page 240, between lines 6 and 7, insert (6) The symptoms and side effects of Trau- core competency identified by the Secretary the following: of Defense for purposes of such certification. matic Brain Injury and other psychological SEC. 854. DEPARTMENT OF DEFENSE TIRE PRI- health conditions in members of the Armed VATIZATION INITIATIVE. Forces require treatment and future moni- SA 5417. Mr. VOINOVICH submitted (a) IMPLEMENTATION AND ADMINISTRATION toring, and treatment of the wounded should an amendment intended to be proposed by him to the bill S. 3001, to authorize OF GROUND AND AIR TIRE CONTRACTS.—In im- be a long-term priority for the Department plementing and administering ground and of Defense. appropriations for fiscal year 2009 for air tire contracts of the Department of De- (7) Treatment of any long-term health con- military activities of the Department fense (Contract No. SPM7L10–07–D–7002 and dition that affects a significant portion of of Defense, for military construction, Contract No. SPM7L10–07–D–7001), the Sec- the members of the Armed Forces, such as and for defense activities of the De- retary of Defense and the Under Secretary of Traumatic Brain Injury and other psycho- partment of Energy, to prescribe mili- Defense for Acquisition, Technology, and Lo- logical health conditions, requires a regular- gistics shall— ized funding commitment by the Department tary personnel strengths for such fiscal year, and for other purposes; which was (1) require that fair, equal, and competi- of Defense. tive procurement procedures among all (b) SENSE OF SENATE.—It is the sense of the ordered to lie on the table; as follows: qualified manufacturers are employed to en- Senate that the amounts requested for the At the end of subtitle G of title V, add the sure that the Department of Defense receives Department of Defense for fiscal year 2010 in following: the best value when procuring new tire the budget of the President for that fiscal SEC. 587. PROTECTION OF CHILD CUSTODY AR- types, and when procuring tires that are year (as submitted to Congress pursuant to RANGEMENTS FOR PARENTS WHO newly added to the contract’s industrial base section 1105 of title 31, United States Code) ARE MEMBERS OF THE ARMED requirements; should include a specific request for ade- FORCES DEPLOYED IN SUPPORT OF quate funds to carry out programs and ac- A CONTINGENCY OPERATION. (2) ensure that all tire manufacturers have tivities relating to Traumatic Brain Injury (a) CHILD CUSTODY PROTECTION.—Title II of equal timely information about the future and psychological health that would improve the Servicemembers Civil Relief Act (50 needs of the Department of Defense for tires, the well being of members of the Armed U.S.C. App. 521 et seq.) is amended by adding including contractor-prepared forecasts; and Forces. at the end the following new section: (3) provide all manufacturers with equal ‘‘SEC. 208. CHILD CUSTODY PROTECTION. quarterly information on the number of tires SA 5416. Mr. LEVIN submitted an ‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.— shipped to the Department of Defense and amendment intended to be proposed by If a motion for change of custody of a child the number of each type of tire shipped by him to the bill S. 3001, to authorize ap- of a servicemember is filed while the each manufacturer. propriations for fiscal year 2009 for servicemember is deployed in support of a (b) IMPARTIAL EVALUATION OF BIDS.—The contingency operation, no court may enter Under Secretary of Defense for Acquisition, military activities of the Department Technology, and Logistics shall serve as an of Defense, for military construction, an order modifying or amending any pre- vious judgment or order, or issue a new impartial evaluator of bids in connection and for defense activities of the De- order, that changes the custody arrangement with ground and air tire contracts and shall partment of Energy, to prescribe mili- for that child that existed as of the date of ensure that the offeror with the most advan- tary personnel strengths for such fiscal the deployment of the servicemember, ex- tageous proposal receives the greatest share year, and for other purposes; which was cept that a court may enter a temporary of business of the Department of Defense. ordered to lie on the table; as follows: custody order if there is clear and convincing (c) ANALYSIS OF TIRE PRICING.— At the end of subtitle A of title VIII, add evidence that it is in the best interest of the (1) ANALYSIS.—Not later than 90 days after the following: child. the date of the enactment of this Act, the OMPLETION OF EPLOYMENT Under Secretary of Defense for Acquisition, SEC. 804. TECHNICAL CORRECTIONS TO AU- ‘‘(b) C D .—In any THORITIES RELATING TO CERTIFI- preceding covered under subsection (a), a Technology, and Logistics shall conduct an CATION REQUIREMENTS FOR MAJOR court shall require that, upon the return of analysis of the pricing of tires under existing SYSTEMS PRIOR TO TECHNOLOGY the servicemember from deployment in sup- ground and air tire contracts to determine DEVELOPMENT. port of a contingency operation, the custody which tires have high prices even though (a) IN GENERAL.—Section 2366b of title 10, order that was in effect immediately pre- multiple qualified sources for such tires United States Code, is amended— ceding the date of the deployment of the exist. (1) in subsection (a), by striking ‘‘system’’ servicemember is reinstated, unless there is (2) REPORT.—Not later than 90 days after each place it appears and inserting ‘‘pro- clear and convincing evidence that such a re- the date of the enactment of this Act, the gram’’; instatement is not in the best interest of the Secretary of Defense shall submit to the con- (2) in subsection (b)— child. gressional defense committees a report on (A) by striking ‘‘major system’’ and insert- ‘‘(c) EXCLUSION OF MILITARY SERVICE FROM the results of the analysis conducted under ing ‘‘major defense acquisition program’’; DETERMINATION OF CHILD’S BEST INTEREST.— paragraph (1). and If a motion for the change of custody of the (B) by striking ‘‘the system’’ each place it child of a servicemember is filed, no court SA 5419. Mr. REID submitted an appears and inserting ‘‘the program’’; and may consider the absence of the S.L.C. Sep- amendment intended to be proposed by (3) in subsection (c), by striking paragraph tember 9, 2008 (8:42 a.m.) servicemember by him to the bill S. 3001, to authorize ap- (1) and inserting the following new para- reason of deployment, or possibility of de- graph: ployment, in determining the best interest of propriations for fiscal year 2009 for ‘‘(1) The term ‘major defense acquisition the child. military activities of the Department program’ has the meaning provided in sec- ‘‘(d) CONTINGENCY OPERATION DEFINED.—In of Defense, for military construction, tion 2430 of this title.’’. this section, the term ‘contingency oper- and for defense activities of the De- (b) REVIEW OF DEPARTMENT OF DEFENSE AC- ation’ has the meaning given that term in partment of Energy, to prescribe mili- QUISITION DIRECTIVES.—Section 943(b) of the section 101(a)(13) of title 10, United States tary personnel strengths for such fiscal National Defense Authorization Act for Fis- Code, except that the term may include such year, and for other purposes; which was cal Year 2008 (Public Law 110–181; 122 Stat. other deployments as the Secretary may pre- 289; 10 U.S.C. 2366b note) is amended by strik- scribe.’’. ordered to lie on the table; as follows: ing ‘‘major weapon system’’ and inserting (b) CLERICAL AMENDMENT.—The table of At the end of subtitle E of title III, add the ‘‘major defense acquisition program’’. contents in section 1(b) of such Act is following:

VerDate Aug 31 2005 05:11 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.080 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8319 SEC. 344. PROCEDURES FOR MITIGATING THE IM- ‘‘(2) The Secretary concerned shall provide strengths for such fiscal year, and for PACT OF RENEWABLE ENERGY round trip travel and transportation allow- other purposes; which was ordered to TECHNOLOGIES ON MILITARY AC- ances to eligible relatives of a member of the TIVITIES OR READINESS. lie on the table; as follows: uniformed services who dies while on active (a) ADVISORY COMMITTEE FOR RECOMMENDA- duty in order that the eligible relatives may At the end of subtitle E of title VI, add the TIONS ON PROCEDURES.— attend a memorial service for the deceased following: (1) REQUIREMENT.—Not later than 60 days member that occurs at a location other than SEC. 652. NO ACCRUAL OF INTEREST FOR MEM- after the date of the enactment of this Act, the location of the burial ceremony for BERS OF THE ARMED FORCES ON the Secretary of Defense shall establish ACTIVE DUTY. which travel and transportation allowances within the Department of Defense an advi- Section 455(o) of the Higher Education Act are provided under paragraph (1). Travel and sory committee to make recommendations of 1965 (20 U.S.C. 1087e(o)) is amended— transportation allowances may be provided to the Secretary for the procedures for miti- (1) in paragraph (1)— under this paragraph for travel of eligible gating any adverse impact of renewable en- (A) by striking ‘‘paragraphs (2) and (4)’’ relatives to only one memorial service for ergy technologies (including wind energy, and inserting ‘‘paragraph (3)’’; and the deceased member concerned.’’. solar energy, geothermal energy, or biomass (B) by striking ‘‘for which the first dis- (b) CONFORMING AMENDMENTS.—Subsection energy projects) on military training, oper- bursement is made on or after October 1, (c) of such section is amended by striking ations, activities, or readiness. 2008’’; ‘‘subsection (a)(1)’’ both places it appears (2) MEMBERS.—The advisory committee (2) by striking paragraph (2); and and inserting ‘‘paragraph (1) or (2) of sub- shall be composed of such individuals as the (3) by redesignating paragraphs (3) and (4) section (a)’’. Secretary shall designate for purposes of this as paragraphs (2) and (3), respectively. section. SA 5421. Mr. REED (for himself and (b) DEVELOPMENT OF RECOMMENDATIONS.— SA 5423. Mr. BINGAMAN submitted Mrs. DOLE) submitted an amendment (1) IN GENERAL.—Not later than 90 days an amendment intended to be proposed intended to be proposed by him to the after the date of the establishment of the ad- by him to the bill S. 3001, to authorize bill S. 3001, to authorize appropriations visory committee required under subsection appropriations for fiscal year 2009 for (a), the advisory committee shall develop for fiscal year 2009 for military activi- military activities of the Department and submit to the Secretary such rec- ties of the Department of Defense, for of Defense, for military construction, ommendations for procedures described in military construction, and for defense and for defense activities of the De- that subsection as the advisory committee activities of the Department of Energy, partment of Energy, to prescribe mili- considers appropriate. to prescribe military personnel (2) CONSULTATION.—In developing rec- tary personnel strengths for such fiscal strengths for such fiscal year, and for ommendations under paragraph (1), the advi- year, and for other purposes; which was other purposes; which was ordered to sory committee shall consult with such tech- ordered to lie on the table; as follows: nical experts, interested parties, representa- lie on the table; as follows: On page 311, between lines 13 and 14, insert tives of renewable energy industries, other At the end of subtitle B of title II, add the the following: Federal agencies, and members of the public following: SEC. 1083. SENSE OF CONGRESS ON RENEWAL OF as the advisory committee considers appro- SEC. 216. PARTICIPATION OF DEFENSE LABORA- STRATEGIC ARMS REDUCTION TREA- TORIES IN COMPETITIVE SOLICITA- priate. TY. (c) DESIGNATION OF OFFICIAL.—Not later TIONS OF THE DEPARTMENT OF DE- It is the sense of Congress that the Presi- than 90 days after the receipt under sub- FENSE. dent should take action to renew the Treaty section (b) of the recommendations for pro- (a) IN GENERAL.— cedures required under that subsection, the (1) POLICY ON PARTICIPATION.—The Sec- Between the United States of America and Secretary shall assign to an official within retary of Defense shall prescribe policies and the Union of Soviet Socialist Republics on the Department of Defense the responsibility regulations such that, to the maximum ex- the Reduction and Limitation of Strategic for advising officials of the Department, tent practicable, Department of Defense lab- Offensive Arms, signed at Moscow July 31, agencies of the Federal government and oratories are permitted to respond to com- 1991 (commonly referred to as the ‘‘START I State governments, and private sector enti- petitive solicitations for research, develop- Treaty’’), before the expiration date of De- ties on steps that should be taken to miti- ment, test, and evaluation funding of the De- cember 5, 2009. gate any adverse impacts of renewable en- partment of Defense. ergy technologies or projects on military (2) CONFLICTS OF INTEREST.—The regula- SA 5424. Mr. BINGAMAN submitted training, operations, activities, or readiness. tions under paragraph (1) shall ensure that an amendment intended to be proposed (d) REPORT.—The Secretary shall submit to the participation of Department laboratories by him to the bill S. 3001, to authorize Congress a report setting forth the findings in competitive solicitations as described in appropriations for fiscal year 2009 for and recommendations of the advisory com- that paragraph is consistent with Federal military activities of the Department mittee. The report shall include the fol- Government and Department of Defense poli- lowing: of Defense, for military construction, cies regarding conflicts of interest. and for defense activities of the De- (1) A comprehensive description of the pro- (b) REPORT.—Not later than March 1, 2010, cedures recommended by the advisory com- the Secretary of Defense shall submit to the partment of Energy, to prescribe mili- mittee. congressional defense committees a report tary personnel strengths for such fiscal (2) The official assigned the responsibility setting forth the following: year, and for other purposes; which was for providing advice in accordance with sub- (1) A description of the policies and regula- ordered to lie on the table; as follows: section (c). tions prescribed under subsection (a). At the end of subtitle B of title XXXI, add (2) A description of the number and value SA 5420. Mr. TESTER submitted an the following: of research, development, test, and evalua- SEC. 3116. STUDY ON SURVEILLANCE OF THE NU- amendment intended to be proposed by tion awards competitively awarded to De- him to the bill S. 3001, to authorize ap- CLEAR WEAPONS STOCKPILE. partment of Defense laboratories through (a) STUDY.— propriations for fiscal year 2009 for Department of Defense solicitations in fiscal (1) IN GENERAL.—The Administrator for Nu- military activities of the Department year 2009. clear Security shall enter into a contract of Defense, for military construction, (3) An identification of any competitive with the private scientific advisory group and for defense activities of the De- Federal Government solicitations in fiscal known as JASON to conduct an independent partment of Energy, to prescribe mili- year 2009 for research and development fund- technical study of the efforts of the National tary personnel strengths for such fiscal ing from which Department of Defense lab- Nuclear Security Administration to monitor year, and for other purposes; which was oratories were prohibited from direct par- the aging of, and to detect defects related to ticipation or direct receipt of funds for re- ordered to lie on the table; as follows: aging in, nuclear weapons components and search and development activities. materials that could affect the reliability of At the end of subtitle C of title VI, add the nuclear weapons currently in the nuclear following: SA 5422. Mr. BAYH (for himself, Mr. weapons stockpile. SEC. 634. TRAVEL AND TRANSPORTATION FOR SESSIONS, Mr. KENNEDY, Mrs. CLINTON, (2) AVAILABILITY OF INFORMATION.—The Ad- SURVIVORS OF DECEASED MEM- BERS OF THE UNIFORMED SERVICES Mr. LIEBERMAN, Mr. OBAMA, and Mr. ministrator shall make available to JASON TO ATTEND MEMORIAL CERE- INHOFE) submitted an amendment in- all information necessary to complete the MONIES. tended to be proposed by him to the study on a timely basis. (a) ALLOWANCES AUTHORIZED.—Subsection bill S. 3001, to authorize appropriations (b) ELEMENTS.—The study required under (a) of section 411f of title 37, United States for fiscal year 2009 for military activi- subsection (a) shall include an assessment of Code, is amended— the following: (1) by redesignating paragraph (2) as para- ties of the Department of Defense, for (1) The ability of the National Nuclear Se- graph (3); and military construction, and for defense curity Administration to monitor and meas- (2) by inserting after paragraph (1) the fol- activities of the Department of Energy, ure the effects of aging on, and defects relat- lowing new paragraph (2): to prescribe military personnel ing to aging in, nuclear weapons components

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.082 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8320 CONGRESSIONAL RECORD — SENATE September 10, 2008 and materials, other than plutonium pits, SEC. 1233. ONE-YEAR EXTENSION OF BRIEFINGS SEC. 1068. PROVISION TO INJURED MEMBERS OF that could affect the reliability of nuclear ON QUARTERLY REPORTS ON THE THE ARMED FORCES OF INFORMA- weapons in the nuclear weapons stockpile. WAR STRATEGY IN IRAQ. TION CONCERNING BENEFITS. (2) Available methods for addressing such Section 1222(c) of the National Defense Au- Section 1651 of the National Defense Au- effects. thorization Act for Fiscal Year 2006 (Public thorization Act for Fiscal Year 2008 (Public (c) REPORT.— Law 109–163; 119 Stat. 3463) is amended by Law 110–181; 122 Stat. 476; 10 U.S.C. 1071 note) (1) IN GENERAL.—Not later than one year striking ‘‘December 31, 2008’’ and inserting is amended to read as follows: after the date of the enactment of this Act, ‘‘December 31, 2009’’. ‘‘SEC. 1651. HANDBOOK FOR MEMBERS OF THE JASON shall submit to the Administrator ARMED FORCES ON COMPENSATION for Nuclear Security and Congress a report SA 5427. Mrs. BOXER (for Mr. BAU- AND BENEFITS AVAILABLE FOR SE- RIOUS INJURIES AND ILLNESSES. containing— CUS) proposed an amendment to the bill ‘‘(a) INFORMATION ON AVAILABLE COMPENSA- (A) the findings of the study; and H.R. 6532, to amend the Internal Rev- TION AND BENEFITS.—Not later than October (B) recommendations for improving efforts enue Code of 1986 to restore the High- 1, 2009, the Secretary of Defense shall de- within the Directed Stockpile Work Pro- way Trust Fund balance; as follows: velop and maintain, in a handbook and on a gram, the Science Campaign, and the Engi- On page 3, line 2, strike ‘‘September 30, publically-available Internet website, a com- neering Campaign of the National Nuclear 2008’’ and insert ‘‘the date of the enactment prehensive description of the compensation Security Administration to monitor the ef- of this Act’’. and other benefits to which a member of the fects of aging on, and to detect defects re- Armed Forces, and the family of such mem- lated to aging in, the nuclear weapons stock- Mr. SANDERS submitted an ber, would be entitled upon the separation or pile between fiscal year 2009 and fiscal year SA 5428. retirement of the member from the Armed 2014. amendment intended to be proposed by Forces as a result of a serious injury or ill- (2) FORM OF REPORT.—The report required him to the bill S. 3001, to authorize ap- ness. under paragraph (1) shall be submitted in an propriations for fiscal year 2009 for ‘‘(b) CONTENTS.—The handbook and Inter- unclassified form, but may include a classi- military activities of the Department net website shall include the following: fied annex. of Defense, for military construction, ‘‘(1) The range of compensation and bene- and for defense activities of the De- fits based on grade, length of service, degree SA 5425. Mr. KYL submitted an partment of Energy, to prescribe mili- of disability at separation or retirement, and amendment intended to be proposed by tary personnel strengths for such fiscal other factors affecting compensation and him to the bill S. 3001, to authorize ap- year, and for other purposes; which was benefits as the Secretary considers appro- propriations for fiscal year 2009 for ordered to lie on the table; as follows: priate. ‘‘(2) Information concerning the Disability military activities of the Department At the end of subtitle G of title V, add the of Defense, for military construction, Evaluation System of each military depart- following: ment, including— and for defense activities of the De- SEC. 587. ENHANCEMENT OF CERTIFICATE OF partment of Energy, to prescribe mili- ‘‘(A) an explanation of the process of the RELEASE OR DISCHARGE FROM AC- Disability Evaluation System; TIVE DUTY (DD FORM 214). tary personnel strengths for such fiscal ‘‘(B) a general timeline of the process of The Secretary of Defense shall modify the year, and for other purposes; which was the Disability Evaluation System; Certificate of Release or Discharge from Ac- ordered to lie on the table; as follows: ‘‘(C) the role and responsibilities of the tive Duty (DD Form 214) to include a current military department throughout the process On page 41, strike lines 1 through 3 and in- electronic mail address (if any) and a current of the Disability Evaluation System; and sert the following: telephone number as information requested ‘‘(D) the role and responsibilities of a mem- (1) The ballistic missile threat posed by of a member of the Armed Forces by the ber of the Armed Forces throughout the North Korea, Iran, and other countries with form. Such information shall be provided process of the Disability Evaluation System. active ballistic missile development and only with the consent of the member of the ‘‘(3) Benefits administered by the Depart- fielding programs, including the following: Armed Forces. (A) The existing inventories of short-range, ment of Veterans Affairs that a member of the Armed Forces would be entitled upon the medium-range, long-range, and interconti- SA 5429. Mr. NELSON of Nebraska nental-range ballistic missiles of each such separation or retirement from the Armed country, and the ranges of such missiles (for himself, Ms. COLLINS, and Mr. Forces as a result of a serious injury or ill- based on possible launch points. BAYH) submitted an amendment in- ness. (B) The ballistic missile programs cur- tended to be proposed by him to the ‘‘(c) CONSULTATION.—The Secretary of De- rently under development by each such coun- bill S. 3001, to authorize appropriations fense shall develop and maintain the com- try, including, for each such program, an as- for fiscal year 2009 for military activi- prehensive description required by sub- sessment of— ties of the Department of Defense, for section (a) in consultation with the Sec- (i) the ranges of the ballistic missiles military construction, and for defense retary of Veterans Affairs, the Secretary of Health and Human Services, and the Com- under such program; activities of the Department of Energy, (ii) the fuel propulsion systems for such missioner of Social Security. missiles; to prescribe military personnel ‘‘(d) UPDATE.—The Secretary of Defense (iii) the booster and warhead characteris- strengths for such fiscal year, and for shall update the comprehensive description tics of such missiles; and other purposes; which was ordered to required by subsection (a) on a periodic (iv) the capacity of such missiles to em- lie on the table; as follows: basis, but not less often than annually. ploy countermeasures, decoys, or multiple On page 395, strike lines 5 through 8 and in- ‘‘(e) PROVISION TO MEMBERS.—The Sec- re-entry vehicles. sert the following: retary of the military department concerned shall provide the handbook to each member (C) The ballistic missile tests and exercises (3) EXCEPTIONS FOR MILITARY CONSTRUCTION of the Armed Forces under the jurisdiction of each such country since 2005. AND CERP.—The limitations in paragraphs (1) (D) The proliferation of ballistic missile and (2) do not apply to— of that Secretary as soon as practicable fol- hardware, technology and expertise of each (A) military construction (as that term is lowing an injury or illness for which the such country. defined in section 2801 of title 10, United member may retire or separate from the (E) The ballistic missile launch facilities of States Code); or Armed Forces. ‘‘(f) PROVISION TO REPRESENTATIVES.—If a each such country, whether existing or under (B) amounts authorized to be appropriated member is incapacitated or otherwise unable construction. for the Commanders’ Emergency Response to receive the handbook, the handbook shall Program (CERP). SA 5426. Mr. LEVIN (for himself and be provided to the next of kin or a legal rep- resentative of the member, as determined in Mr. WARNER) submitted an amendment SA 5430. Mr. SCHUMER submitted an accordance with regulations prescribed by intended to be proposed by him to the amendment intended to be proposed by the Secretary of the military department bill S. 3001, to authorize appropriations him to the bill S. 3001, to authorize ap- concerned for purposes of this section.’’. for fiscal year 2009 for military activi- propriations for fiscal year 2009 for ties of the Department of Defense, for military activities of the Department SA 5431. Mr. WARNER submitted an military construction, and for defense of Defense, for military construction, amendment intended to be proposed by activities of the Department of Energy, and for defense activities of the De- him to the bill S. 3001, to authorize ap- to prescribe military personnel partment of Energy, to prescribe mili- propriations for fiscal year 2009 for strengths for such fiscal year, and for tary personnel strengths for such fiscal military activities of the Department other purposes; which was ordered to ear, and for other purposes; which was of Defense, for military construction, lie on the table; as follows: ordered to lie on the table; as follows: and for defense activities of the De- At the end of subtitle D of title XII, add At the end of subtitle F of title X, add the partment of Energy, to prescribe mili- the following: following: tary personnel strengths for such fiscal

VerDate Aug 31 2005 05:11 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.084 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8321 year, and for other purposes; which was Security Council, and the Secretary of De- military activities of the Department ordered to lie on the table; as follows: fense when requested. of Defense, for military construction, (13) Section 151(f) of title 10, United States At the end of subtitle E of title X, add the and for defense activities of the De- Code, permits a member of the Joint Chiefs partment of Energy, to prescribe mili- following: of Staff to make recommendations to Con- SEC. 1056. REPORT ON ADEQUACY OF CURRENT gress relating to the Department of Defense tary personnel strengths for such fiscal AUTHORITIES AND PROCEDURES as he considers appropriate after first in- year, and for other purposes; which was FOR THE PROVISION OF MILITARY forming the Secretary of Defense. ordered to lie on the table; as follows: ADVICE BY THE JOINT CHIEFS OF (14) Section 164 of title 10, United States On page 216, strike line 15 and all that fol- STAFF AND THE COMMANDERS OF THE COMBATANT COMMANDS TO Code, establishes the powers, responsibil- lows through page 221, line 3, and insert the THE SENIORMOST OFFICIALS AND ities, and duties of the commanders of the following: COUNCILS OF THE GOVERNMENT. combatant commands. ‘‘(a) MULTIYEAR CONTRACTS AUTHORIZED.— The head of an agency may enter into con- (a) FINDINGS.—Congress makes the fol- (15) The Goldwater-Nichols Department of tracts or agreements for the acquisition of lowing findings: Defense Reorganization Act of 1986 was en- alternative or synthetic fuels, if such con- (1) Civilian control of and authority over acted 22 years ago and the provisions of title tracts or agreements are— the military is fundamental to United States 10, United States Code, referred to in para- ‘‘(1) for a term of not more than 25 years; democratic values. graphs (8) through (14) of this subsection, as ‘‘(2) at a price that is competitive, (2) The tradition of civilian control of the enacted by that have not been amended since throughout the term of the contract or military is a time-honored and deeply rooted except to include the Homeland Security agreement concerned, with the market price value of the United States military. Council as the authorized recipient of mili- of petroleum-derived fuel of similar quality; (3) United States civilian leaders value the tary advice from the Joint Chiefs of Staff and expertise, advice, and judgment of military and the commanders of the combatant com- ‘‘(3) for a fuel that has lower lifecycle professionals in defense and national secu- mands. greenhouse gas emissions when compared to rity policy deliberations. (16) The employment of the Armed Forces the lifecycle greenhouse gas emissions of (4) In his commencement address at the in the 22 years since the enactment of the conventional petroleum-based fuels that are United States Naval Academy on May 23, Goldwater-Nichols Department of Defense used in the same application; 2008, Admiral Mullen, the Chairman of the Reorganization Act of 1986 has produced a ‘‘(b) DETERMINATION OF LIFECYCLE GREEN- Joint Chiefs of Staff, said that ‘‘few things body of experience and lessons learned by the HOUSE GAS EMISSIONS.—In the case of a con- are more vital to an organization than some- Joint Chiefs of Staff and the commanders of tract or agreement under subsection (a) for one who has the moral courage to question the combatant commands. an alternative fuel or synthetic fuel, the the direction in which an organization is (b) SENSE OF CONGRESS.—It is the sense of lifecycle greenhouse gas emissions associ- headed and then the strength of character to Congress that it is an appropriate time in ated with the production and combustion of support whatever final decisions are made’’. the national interests of the United States the fuel supplied under such contract or (5) In the same address, Admiral Mullen for the Joint Chiefs of Staff and the com- agreement shall be considered to be less than added that ‘‘the military as an institution manders of the combatant commands to re- such emissions for the equivalent conven- must remain a neutral instrument of the view the authorities of and procedures for tional fuel produced from conventional pe- state’’. members of the Joint Chiefs of Staff and the troleum sources if such emissions are deter- (6) Admiral Mullen also said ‘‘that few commanders of the combatant commands to mined to be lower— things are more damaging to our democracy provide military advice to the President, the ‘‘(1) by peer-reviewed research conducted than a military officer who doesn’t have the Secretary of Defense, the National Security or reviewed by a national laboratory; or moral courage to stand up for what’s right or Council, and the Homeland Security Council. ‘‘(2) by the head of the agency, based on the moral fiber to step aside when cir- (c) REVIEW OF AUTHORITIES AND PROCE- DURES.—The Chairman of the Joint Chiefs of available research and testing. cumstances dictate’’. ‘‘(c) DEFINITIONS.—In this section: (7) The Goldwater-Nichols Department of Staff shall, in consultation with the other members of the Joint Chiefs of Staff and the ‘‘(1) The term ‘head of an agency’ has the Defense Reorganization Act of 1986 (Public meaning given that term in section 2302(1) of Law 99–433) codified, in sections 151 and 164 commanders of the combatant commands, conduct a review of sections 151 and 164 of this title. of title 10, United States Code, the roles of ‘‘(2) The term ‘alternative fuel’ has the the Chairman of the Joint Chiefs of Staff, title 10, United States Code, for the purposes as follows: meaning given that term in section 301(2) of other members of the Joint Chiefs of Staff, the Energy Policy Act of 1992 (42 U.S.C. and the combatant commanders. (1) To determine whether the authorities in such sections are adequate and sufficient 13211(2)). (8) Section 151(b) of title 10, United States ‘‘(3) The term ‘synthetic fuel’ means any Code, designates the Chairman of the Joint such that those senior military officers are afforded the opportunity to present military liquid, gas, or combination thereof that— Chiefs of Staff as the principal military advi- ‘‘(A) can be used as a substitute for petro- sor to the President, the National Security advice or opinion to the President, the Na- tional Security Council, the Homeland Secu- leum or natural gas (or any derivative there- Council, the Homeland Security Council, and of, including chemical feedstocks); and the Secretary of Defense. rity Council, and the Secretary of Defense. (2) To identify recommendations, if any ‘‘(B) is produced by chemical or physical (9) Section 151(b) of title 10, United States transformation of domestic sources of energy Code, also designates the other members of are determined appropriate, for modifica- tions to the authorities in such sections to (including coal, natural gas, biomass, eth- the Joint Chiefs of Staff (as designated in anol, butanol, and hydrogen).’’. section 151(a) of title 10, United States Code) ensure or enhance the provision of military advice to the President, the National Secu- (2) CLERICAL AMENDMENT.—The table of as the military advisors to the President, the sections at the beginning of chapter 141 of National Security Council, the Homeland Se- rity Council, the Homeland Security Coun- cil, and the Secretary of Defense by those such title is amended by adding at the end curity Council, and the Secretary of Defense the following new item: as specified in subsections (d) and (e) of sec- senior military officers. ‘‘2410r. Multiyear procurement authority: tion 151 of title 10, United States Code. (d) REPORT.— purchase of alternative and (10) Section 151(c) of title 10, United States (1) REPORT TO SECRETARY OF DEFENSE.—Not synthetic fuels.’’. Code directs that ‘‘the Chairman shall, as he later than June 15, 2009, the Chairman of the considers appropriate, consult with and seek Joint Chiefs of Staff shall submit to the Sec- (b) SENSE OF SENATE.—It is the sense of the the advice of the other members of the Joint retary of Defense a report on the review con- Senate that the Department of Defense and Chiefs of Staff and the commanders of the ducted under subsection (c), including a com- other departments and agencies of the Fed- unified and specified combatant commands’’. prehensive description of the determinations eral Government should continue research, (11) Section 151(d) of title 10, United States made under subsection (c)(1) and of any rec- testing, evaluation, and use of alternative Code, establishes mechanisms for members ommendations identified under subsection and synthetic fuels (as that term is defined of the Joint Chiefs of Staff, other than the (c)(2). in section 2410r(c) of title 10, United States Chairman, to submit ‘‘to the Chairman ad- (2) REPORT TO CONGRESS.—Not later than Code (as added by subsection (a)) with the vice or an opinion in disagreement with, or July 30, 2009, the Secretary of Defense shall goals of— advice or an opinion in addition to the ad- transmit to the congressional defense com- (1) reducing emissions; vice presented by the Chairman to the Presi- mittees the report submitted under para- (2) lowering the cost of fuel; and dent, the National Security Council, the graph (1). In transmitting the report, the (3) increasing the performance, reliability, Homeland Security Council, and the Sec- Secretary may include such comments on and security of fuel production and supply retary of Defense’’. and recommendations regarding the report for the Armed Forces. as the Secretary considers appropriate. (12) Section 151(e) of title 10, United States Mr. NELSON of Nebraska Code, directs members of the Joint Chiefs of SA 5433. Staff, individually or collectively, in their SA 5432. Mr. BUNNING submitted an submitted an amendment intended to capacity as military advisors to provide ad- amendment intended to be proposed by be proposed by him to the bill S. 3001, vice on a particular matter to the President, him to the bill S. 3001, to authorize ap- to authorize appropriations for fiscal the National Security Council, the Homeland propriations for fiscal year 2009 for year 2009 for military activities of the

VerDate Aug 31 2005 05:11 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.088 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8322 CONGRESSIONAL RECORD — SENATE September 10, 2008 Department of Defense, for military misadministration of medications, including 1403, $10,000,000 for fiscal year 2009 to enable construction, and for defense activities accidental and intentional overdoses, under the Secretary of Defense, in consultation of the Department of Energy, to pre- and over medication, and adverse inter- with the Secretary of Veterans Affairs, the scribe military personnel strengths for actions among medications. Director of the National Institutes of Health, (3) An identification of the medical condi- the Administrator of the Substance Abuse such fiscal year, and for other pur- tions, and of the patient management proce- and Mental Health Services Administration, poses; which was ordered to lie on the dures of the Department of Defense, that in- the Director of the Centers for Disease Con- table; as follows: crease the risk of misadministration of trol and Prevention, and the Director of the At the end of title subtitle G of title X, add medications in populations of members of Agency for Healthcare Research and Quality, the following: the Armed Forces. to conduct a long-term (10 year), integrated SEC. 1083. WEEKLY INCREASE IN BOUNTY FOR (4) An assessment of current and best prac- study of at least 10,000 participants (includ- THE CAPTURE OR KILLING OF tices in the military, other government ing injured service members, smaller at-risk OSAMA BIN LADEN AND AYMAN AL- agencies, and civilian sector concerning the populations, and those individuals separated ZAWAHIRI. prescription, distribution, and management from service but not seeking Veterans Ad- On the date that is seven days after the of medications, and the associated coordina- ministration services) concerning cognitive date of the enactment of this Act, and every tion of care. rehabilitation research. seven days thereafter until the capture or (5) An identification of means for decreas- (b) REQUIREMENTS.—The cognitive rehabili- killing of such individual, the Secretary of ing the risk of medication tation research study conducted under sub- Defense shall increase by an amount equal to misadministration and associated problems section (a) shall— $1,000,000 the amount of the bounty payable with respect to physically and psycho- (1) be designed to contribute to the estab- for the capture or killing of each of the fol- logically wounded members of the Armed lishment of evidence-based practice guide- lowing: Forces. lines in the area of cognitive rehabilitation (1) Osama bin Laden. (c) REPORT.—Not later than 18 months including predictors of relapse and recovery; (2) Ayman al-Zawahiri. after entering into the agreement for the (2) evaluate how use of health care services affects symptoms, functioning, and outcomes Mr. BAYH submitted an study required under subsection (a), the In- SA 5434. stitute of Medicine shall submit to the Sec- over time; amendment intended to be proposed by retary of Defense, and to Congress, a report (3) evaluate how traumatic health injuries him to the bill S. 3001, to authorize ap- on the study containing such findings and and mental health conditions affect physical propriations for fiscal year 2009 for determinations as the Institute of Medicine health, economic productivity, and social military activities of the Department considers appropriate in light of the study. functioning; of Defense, for military construction, (4) evaluate how long-term impairments and for defense activities of the De- SA 5436. Mr. BAYH submitted an may be reduced based on different rehabilita- tion options; partment of Energy, to prescribe mili- amendment intended to be proposed by him to the bill S. 3001, to authorize ap- (5) be designed to result in the implemen- tary personnel strengths for such fiscal tation of strategies for accessing quality year, and for other purposes; which was propriations for fiscal year 2009 for military activities of the Department mental health treatment care, including cog- ordered to lie on the table; as follows: nitive rehabilitation; At the end of subtitle C of title VII, add of Defense, for military construction, (6) assess current research activity on post the following: and for defense activities of the De- traumatic stress disorder and traumatic SEC. 722. INCREASING THE NUMBER OF PSY- partment of Energy, to prescribe mili- brain injury, evaluate programs, and make CHOLOGIST INTERNSHIPS. tary personnel strengths for such fiscal recommendations for strategic research pri- There shall be set-aside from amounts ap- year, and for other purposes; which was ority setting; and propriated under section 1403, $1,775,000 for ordered to lie on the table; as follows: (7) be coordinated with the study con- fiscal year 2009, and $3,100,000 for fiscal year At the end of subtitle C of title VII, add ducted under section 721 of the John Warner 2010, to remain available until expended, to the following: National Defense Authorization Act for Fis- enable the Office of the Surgeon General to cal Year 2007 (Public Law 109-364). SEC. 722. TRAUMATIC BRAIN INJURY SURVEY. (c) REPORTS.— increase by 30 the number of civilian psy- There shall be set-aside from amounts ap- (1) BASELINE REPORT.—Not later than 2 chologist internships provided for by the Of- propriated under section 1403, $1,000,000 for years after the date of enactment of this fice. fiscal year 2009 to enable the Secretary of Act, the Secretary of Defense shall submit to Defense, in consultation with the Secretary SA 5435. Mr. BAYH submitted an the appropriate committees of Congress a of Veterans Affairs, to enter into a contract baseline report on the results of the study amendment intended to be proposed by with the Center for Military Health Policy conducted under subsection (a). him to the bill S. 3001, to authorize ap- Research, RAND, for the conduct of a follow- (2) PRELIMINARY REPORT.—Not later than 4 propriations for fiscal year 2009 for up survey of the 1,950 service member and years after the date of enactment of this military activities of the Department veteran participants of the Invisible Wounds Act, the Secretary of Defense shall submit to of Defense, for military construction, of War study to determine if there is any the appropriate committees of Congress a long-term impairment from traumatic brain and for defense activities of the De- preliminary report on the results of the injuries, to identify the factors that inhibit partment of Energy, to prescribe mili- study conducted under subsection (a). access to treatment, including cognitive re- tary personnel strengths for such fiscal (3) FINAL REPORT.—Not later than 10 years habilitation for mental health disorders, and after the date of enactment of this Act, the year, and for other purposes; which was to assess conditions leading to unemploy- Secretary of Defense shall submit to the ap- ordered to lie on the table; as follows: ment and substance use. The analysis of the propriate committees of Congress a final re- At the end of subtitle C of title VII, add survey results shall identify priority re- port on the results of the study conducted the following: search needs and gaps in the health care sys- under subsection (a). SEC. 722. INSTITUTE OF MEDICINE STUDY ON tem for individuals with traumatic brain in- MANAGEMENT OF MEDICATIONS juries and post traumatic stress disorders. SA 5438. Mr. WEBB (for himself and FOR PHYSICALLY AND PSYCHO- The survey under this section shall be com- Mr. WARNER) submitted an amendment LOGICALLY WOUNDED MEMBERS OF pleted not later than 1 year after the date of THE ARMED FORCES. enactment of this Act. intended to be proposed by him to the (a) STUDY REQUIRED.—There shall be set- bill S. 3001, to authorize appropriations aside from amounts appropriated under sec- SA 5437. Mr. BAYH submitted an for fiscal year 2009 for military activi- tion 1403, $1,000,000 for fiscal year 2009 to en- able the Secretary of Defense shall enter amendment intended to be proposed by ties of the Department of Defense, for into an agreement with the Institute of Med- him to the bill S. 3001, to authorize ap- military construction, and for defense icine of the National Academy of Sciences propriations for fiscal year 2009 for activities of the Department of Energy, for the purpose of conducting a study on the military activities of the Department to prescribe military personnel management of medications for physically of Defense, for military construction, strengths for such fiscal year, and for and psychologically wounded members of the and for defense activities of the De- other purposes; which was ordered to Armed Forces. partment of Energy, to prescribe mili- lie on the table; as follows: (b) ELEMENTS.—The study required under At the end of subtitle D of title VI, add the subsection (a) shall include the following: tary personnel strengths for such fiscal following: (1) A review and assessment of current year, and for other purposes; which was practices within the Department of Defense ordered to lie on the table; as follows: SEC. 642. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPECIAL NEEDS TRUSTS ESTAB- for the management of medications for phys- At the end of subtitle C of title VII, add LISHED FOR THE BENEFIT OF DE- ically and psychologically wounded members the following: PENDENT CHILDREN INCAPABLE OF of the Armed Forces. SEC. 722. COGNITIVE REHABILITATION STUDY. SELF-SUPPORT. (2) A review and analysis of the published (a) IN GENERAL.—There shall be set-aside (a) SPECIAL NEEDS TRUST AS ELIGIBLE BEN- literature on factors contributing to the from amounts appropriated under section EFICIARY.—

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.089 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8323 (1) IN GENERAL.—Subsection (a) of section SEC. 1083. DESIGNATION OF THE LIBERTY MEMO- SA 5440. Mrs. CLINTON submitted an 1450 of title 10, United States Code, is amend- RIAL AT THE NATIONAL WORLD WAR I MUSEUM IN KANSAS CITY, MIS- amendment intended to be proposed by ed— her to the bill S. 3001, to authorize ap- (A) by redesignating paragraph (4) as para- SOURI, AS THE NATIONAL WORLD WAR I MEMORIAL. graph (5); and propriations for fiscal year 2009 for (a) FINDINGS.—Congress makes the fol- (B) by inserting after paragraph (3) the fol- military activities of the Department lowing findings: of Defense, for military construction, lowing new paragraph (4): (1) Although more than 4,000,000 Americans ‘‘(4) SPECIAL NEEDS TRUSTS FOR SOLE BEN- served in World War I, there is no nationally and for defense activities of the De- EFIT OF CERTAIN DEPENDENT CHILDREN.—Not- recognized memorial honoring the service of partment of Energy, to prescribe mili- withstanding subsection (i), a supplemental such Americans in that war. tary personnel strengths for such fiscal or special needs trust established under sub- (2) In 1919, the people of Kansas City, Mis- year, and for other purposes; which was paragraph (A) or (C) of section 1917(d)(4) of souri, expressed an outpouring of support ordered to lie on the table; as follows: the Social Security Act (42 U.S.C. 1936p(d)(4)) and raised more than $2,000,000 in two weeks for the sole benefit of a dependent child con- At the end of subtitle A of title VII, add for a memorial to the service of Americans the following: sidered disabled under section 1614(a)(3) of in World War I. That fundraising was an ac- that Act (42 U.S.C. 1382c(a)(3)) who is incapa- complishment unparalleled by any other city SEC. 702. IDENTIFICATION AND TREATMENT OF DRUG AND ALCOHOL DEPENDENCE ble of self-support because of mental or phys- in the United States irrespective of popu- ical incapacity.’’. IN MEMBERS OF THE ARMED lation and reflected the passion of public FORCES UNDER TRICARE THROUGH (2) CONFORMING AMENDMENT.—Subsection opinion about World War I, which had so re- OUTPATIENT SUBSTANCE ABUSE (i) of such section is amended by inserting cently ended. TREATMENT PROGRAMS. ‘‘(a)(4) or’’ after ‘‘subsection’’. (3) Following the drive, a national archi- Section 1090 of title 10, United States Code, (b) REGULATIONS.—Section 1455(d) of such tectural competition was held by the Amer- title is amended— is amended— ican Institute of Architects for designs for a (1) in the subsection caption, by striking (1) by inserting ‘‘(a) IN GENERAL.—’’ before memorial to the service of Americans in ‘‘The Secretary of Defense’’; and ‘‘AND FIDUCIARIES’’ and inserting ‘‘, FIDU- World War I, and the competition yielded a (2) by adding at the end the following new CIARIES, AND SPECIAL NEEDS TRUSTS’’; design by architect H. Van Buren Magonigle. (2) in paragraph (1)— subsection: (4) On November 1, 1921, more than 100,000 (A) in subparagraph (A), by striking ‘‘and’’ ‘‘(b) ACTIVITIES UNDER TRICARE PROGRAM people witnessed the dedication of the site at the end; THROUGH OUTPATIENT SUBSTANCE ABUSE for the Liberty Memorial in Kansas City, (B) in subparagraph (B), by striking the pe- TREATMENT PROGRAMS.—The regulations re- Missouri. That dedication marked the only riod at the end and inserting ‘‘; and’’; and quired by subsection (a) with respect to the time in history that the five allied military (C) by adding at the end the following new TRICARE program shall provide for the pro- leaders present, Lieutenant General Baron subparagraph: vision of services to identify, treat, and reha- Jacques of Belgium, General Armando Diaz ‘‘(C) a dependent child incapable of self- bilitate members of the armed forces under of Italy, Marshal Ferdinand Foch of France, support because of mental or physical inca- that subsection through outpatient sub- General John J. Pershing of the United pacity for whom a supplemental or special stance abuse treatment programs.’’. States, and Admiral Lord Earl Beatty of needs trust has been established under sub- Great Britain, were together at one place. paragraph (A) or (C) of section 1917(d)(4) of SA 5441. Mr. REID (for Mr. BIDEN (for (5) General Pershing, a native of Missouri the Social Security Act (42 U.S.C. himself and Mr. LUGAR)) submitted an and the commander of the American Expedi- 1936p(d)(4)).’’; tionary Forces in World War I, noted at the amendment intended to be proposed by (3) in paragraph (2)— November 1, 1921 dedication that ‘‘[t]he peo- Mr. REID to the bill S. 3001, to author- (A) by redesignating subparagraphs (C) ple of Kansas City, MO are deeply proud of ize appropriations for fiscal year 2009 through (H) as subparagraphs (D) through (I), the beautiful memorial, erected in tribute to for military activities of the Depart- respectively; the patriotism, the gallant achievements, (B) by inserting after subparagraph (B) the ment of Defense, for military construc- and the heroic sacrifices of their sons and following new subparagraph (C): tion, and for defense activities of the daughters who served in our country’s armed ‘‘(C) In the case of an annuitant referred to Department of Energy, to prescribe forces during the World War. It symbolized in paragraph (1)(C), payment of the annuity military personnel strengths for such their grateful appreciation of duty well done, to the supplemental or special needs trust and appreciation which I share, because I fiscal year, and for other purposes; established for the annuitant.’’; know so well how richly it is merited’’. which was ordered to lie on the table; (C) in subparagraph (D), as redesignated by (6) During an Armistice Day ceremony in as follows: subparagraph (A) of this paragraph, by strik- 1924, President Calvin Coolidge marked the ing ‘‘subparagraphs (D) and (E)’’ and insert- On page 360, after line 20, add the fol- beginning of a three-year construction ing ‘‘subparagraphs (E) and (F)’’; and lowing: project for the Liberty Memorial by the lay- (D) in subparagraph (G), as so redesig- Subtitle E—Other Matters ing of the cornerstone of the memorial. nated— (7) The 217-foot Liberty Memorial Tower SEC. 1241. SPECIAL ENVOY FOR SOUTH AND CEN- (i) by inserting ‘‘or (1)(C)’’ after ‘‘para- has an inscription that reads ‘‘In Honor of TRAL ASIA REGIONAL COOPERA- graph (1)(B)’’ in the matter preceding clause Those Who Served in the World War in De- TION. (i); fense of Liberty and Our Country’’ as well as (a) STATEMENT OF POLICY.—Congress de- (ii) in clause (i), by striking ‘‘and’’ at the four stone ‘‘Guardian Spirits’’ representing clares that it is in the national interest of end; courage, honor, patriotism, and sacrifice, the United States that the countries of (iii) in clause (ii), by striking the period at which rise above the observation deck, mak- South and Central Asia work together to ad- the end and inserting ‘‘; and’’; and ing the Liberty Memorial a noble tribute to dress common challenges hampering the sta- (iv) by adding at the end the following new all who served in World War I. bility, security, and development of their re- clause: (8) During a rededication for the Liberty gion and to enhance their cooperation. ‘‘(iii) procedures for determining when an- Memorial in 1961, World War I veterans and (b) ESTABLISHMENT.—The President shall, nuity payments to a supplemental or special former Presidents Harry S. Truman and by and with the advice and consent of the needs trust shall end based on the death or Dwight D. Eisenhower recognized the memo- Senate, appoint a special envoy to promote marriage of the dependent child for which rial as a constant reminder of the sacrifices closer cooperation between the countries of the trust was established.’’; and during World War I and the progress that fol- South and Central Asia. The special envoy (4) in paragraph (3), by striking ‘‘OR FIDU- lowed. shall have the rank of ambassador. CIARY’’ in the paragraph caption and insert- (9) The 106th Congress recognized the Lib- (c) DUTIES.— ing ‘‘, FIDUCIARY, OR TRUST’’. erty Memorial as a national symbol of World (1) IN GENERAL.—The primary responsi- War I. bility of the special envoy shall be to coordi- SA 5439. Mrs. MCCASKILL submitted (10) The 108th Congress designated the mu- nate United States policy on issues relating an amendment intended to be proposed seum at the base of the Liberty Memorial as to strengthening and facilitating relations by her to the bill S. 3001, to authorize ‘‘America’s National World War I Museum’’. between the nations of South and Central appropriations for fiscal year 2009 for (11) The National World War I Museum is Asia for the benefit of stability and eco- military activities of the Department the only public museum in the United States nomic growth in the region. of Defense, for military construction, specifically dedicated to the history of World (2) ADVISORY ROLE.—The special envoy and for defense activities of the De- War I. shall advise the President and the Secretary (12) The National World War I Museum is of State, as appropriate, and, in coordination partment of Energy, to prescribe mili- with the Assistant Secretary of State for tary personnel strengths for such fiscal known throughout the world as a major cen- ter of World War I remembrance. South and Central Asian Affairs, shall make year, and for other purposes; which was (b) DESIGNATION.—The Liberty Memorial at recommendations regarding effective strate- ordered to lie on the table; as follows: the National World War I Museum in Kansas gies and tactics to achieve United States pol- At the end of subtitle G of title X, add the City, Missouri, is hereby designated as the icy objectives to— following: ‘‘National World War I Memorial’’. (A) stem cross-border terrorist activities;

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.086 S10SEPT1 wwoods2 on PRODPC68 with SENATE S8324 CONGRESSIONAL RECORD — SENATE September 10, 2008 (B) provide assistance to refugees to ensure Bureau of Land Management, may convey, the Secretary for costs incurred by the Sec- orderly and voluntary repatriation from without consideration, to the State of Utah retary, to carry out the conveyance under neighboring states; all right, title, and interest of the United subsection (a), including survey costs, costs (C) bolster people-to-people ties and eco- States in and to certain lands comprising ap- related to environmental documentation, nomic cooperation between the nations of proximately 431 acres, as generally depicted and other administrative costs related to the South and Central Asia, including bilateral on a map entitled ‘‘Proposed Camp Williams conveyance. If amounts are collected from trade relations; Land Transfer’’ and dated March 7, 2008, the State in advance of the Secretary incur- (D) explore opportunities to anticipate and which are located within the boundaries of ring the actual costs, and the amount col- seek solutions to critical cross-border issues; the public lands currently withdrawn for lected exceeds the costs actually incurred by and military use by the Utah National Guard and the Secretary to carry out the conveyance, (E) offer comprehensive efforts to support known as Camp Williams, Utah, for the pur- the Secretary shall refund the excess amount effective counter-narcotics strategies in pose of permitting the Utah National Guard to the State. South and Central Asia. to use the conveyed land as provided in sub- (2) TREATMENT OF AMOUNTS RECEIVED.— section (c). Amounts received as reimbursements under SA 5442. Mrs. MCCASKILL (for her- (b) REVOCATION OF EXECUTIVE ORDER.—Ex- paragraph (1) shall be credited to the fund or self and Ms. MIKULSKI, and Mr. KEN- ecutive Order No. 1922 of April 24, 1914, as account that was used to cover the costs in- NEDY) submitted an amendment in- amended by section 907 of the Camp W.G. curred by the Secretary in carrying out the tended to be proposed by her to the bill Williams Land Exchange Act of 1989 (title IX conveyance. Amounts so credited shall be of Public Law 101–628; 104 Stat. 4501), shall be merged with amounts in such fund or ac- S. 3001, to authorize appropriations for revoked, only insofar as it affects the lands fiscal year 2009 for military activities count and shall be available for the same identified for conveyance to the State of purposes, and subject to the same conditions of the Department of Defense, for mili- Utah under subsection (a). and limitations, as amounts in such fund or tary construction, and for defense ac- (c) REVERSIONARY INTEREST.—The lands account. tivities of the Department of Energy, conveyed to the State of Utah under sub- (d) DESCRIPTION OF REAL PROPERTY.—The to prescribe military personnel section (a) shall revert to the United States exact acreage and legal description of the strengths for such fiscal year, and for if the Secretary of the Interior determines real property to be conveyed under sub- that the land, or any portion thereof, is sold section (a) shall be determined by a survey other purposes; which was ordered to or attempted to be sold, or that the land, or lie on the table; as follows: satisfactory to the Secretary. any portion thereof, is used for non-National (e) ADDITIONAL TERMS AND CONDITIONS.— On page 75, between lines 6 and 7, insert Guard or non-national defense purposes. Any The Secretary may require such additional the following: determination by the Secretary of the Inte- terms and conditions in connection with the SEC. 323. TIME LIMITATION ON DURATION OF rior under this subsection shall be made in conveyance under subsection (a) as the Sec- PUBLIC-PRIVATE COMPETITIONS. consultation with the Secretary of Defense retary considers appropriate to protect the (a) TIME LIMITATION.—Section 2461(a) of and the Governor of Utah and on the record interests of the United States. title 10, United States Code, is amended by after an opportunity for comment. adding at the end the following new para- (d) HAZARDOUS MATERIALS.—With respect SA 5444. Mr. WARNER submitted an graph: to any portion of the land conveyed under ‘‘(5)(A) The duration of a public-private amendment intended to be proposed by subsection (a) that the Secretary of the Inte- him to the bill S. 3001, to authorize ap- competition conducted pursuant to Office of rior determines is subject to reversion under Management and Budget Circular A–76 or subsection (c), if the Secretary of the Inte- propriations for fiscal year 2009 for any other provision of law for any function rior also determines that the portion of the military activities of the Department of the Department of Defense performed by conveyed land contains hazardous materials, of Defense, for military construction, Department of Defense civilian employees the State of Utah shall pay the United and for defense activities of the De- may not exceed a period of 720 days, com- States an amount equal to the fair market partment of Energy, to prescribe mili- mencing on the date on which the prelimi- value of that portion of the land, and the re- tary personnel strengths for such fiscal nary planning for the public-private com- versionary interest shall not apply to that petition begins through the date on which a year, and for other purposes; which was portion of the land. ordered to lie on the table; as follows: performance decision is rendered with re- SEC. 2823. LAND CONVEYANCE, ARMY PROPERTY, spect to the function. CAMP WILLIAMS, UTAH. At the end of subtitle F of title X, add the ‘‘(B) The time period specified in subpara- (a) CONVEYANCE AUTHORIZED.—The Sec- following: graph (A) for a public-private competition retary of the Army may convey, without SEC. 1068. VISION CENTER OF EXCELLENCE. does not include any day during which the consideration, to the State of Utah on behalf (a) FINDINGS.—Congress makes the fol- public-private competition is delayed by rea- of the Utah National Guard (in this section lowing findings: son of a protest before the Government Ac- referred to as the ‘‘State’’) all right, title, (1) Ocular injuries are the third highest in- countability Office or the United States and interest of the United States in and to cidence for injuries sustained in Operation Court of Federal Claims unless the Secretary two parcels of real property, including any Iraqi Freedom and Operation Enduring Free- of Defense determines that the delay is improvements thereon, that are located dom after Traumatic Brain Injury and Post caused by issues being raised during the ap- within the boundaries of Camp Williams, Traumatic Stress Disorder. pellate process that were not previously Utah, consist of approximately 608 acres and (2) From 2002 through January 2008, more raised during the competition.’’. 308 acres, respectively, and are identified in than 1,300 members of the Armed Forces suf- (b) EFFECTIVE DATE.—Paragraph (5) of sec- the Utah National Guard master plan as fered eye injuries in Operation Iraqi Free- tion 2461(a) of title 10, United States Code, as being necessary acquisitions for future mis- dom or Operation Enduring Freedom, and added by subsection (a), shall apply with re- sions of the Utah National Guard. the Department of Veterans Affairs enrolled spect to a public-private competition cov- (b) REVERSIONARY INTEREST.—If the Sec- it its health care system more than 100 vet- ered by such section that is being conducted retary determines at any time that the real erans of such operations who are legally on or after the date of the enactment of this property conveyed under subsection (a), or blind. Act. any portion thereof, has been sold or is being (3) The most common causes of eye injury used solely for non-defense, commercial pur- in Operation Iraqi Freedom and Operation SA 5443. Mr. HATCH (for himself and poses, all right, title, and interest in and to Enduring Freedom include— Mr. BENNETT) submitted an amend- the property shall revert, at the option of (A) improvised explosive device blasts; ment intended to be proposed by him the Secretary, to the United States, and the (B) rocket propelled grenade explosions; to the bill S. 3001, to authorize appro- United States shall have the right of imme- and priations for fiscal year 2009 for mili- diate entry onto the property. It is not a vio- (C) gunshot wounds. tary activities of the Department of lation of the reversionary interest for the (4) In some cases, such injuries may not Defense, for military construction, and State to lease the property, or any portion manifest until weeks or months following ex- posure to a traumatic event, including Trau- for defense activities of the Depart- thereof, to private, commercial, or govern- mental interests if the lease facilitates the matic Brain Injury. Research has found that ment of Energy, to prescribe military construction and operation of buildings, fa- 63 percent of Traumatic Brain Injury wound- personnel strengths for such fiscal cilities, roads, or other infrastructure that ed at the Palo Alto Veterans Affairs Medical year, and for other purposes; which was directly supports the defense missions of the Center Polytrauma Center located at Palo ordered to lie on the table; as follows: Utah National Guard. Any determination of Alto, California, have a visual impairment On page 455, after line 19, add the fol- the Secretary under this subsection shall be associated with Traumatic Brain Injury. In lowing: made on the record after an opportunity for addition, general Traumatic Brain Injury SEC. 2822. LAND CONVEYANCE, BUREAU OF LAND a hearing. screening at the Hines Department of Vet- MANAGEMENT LAND, CAMP WIL- (c) PAYMENT OF COSTS OF CONVEYANCE.— erans Affairs Low Vision Clinic located at LIAMS, UTAH. (1) PAYMENT REQUIRED.—The Secretary Chicago, Illinois, determined that 68 percent (a) CONVEYANCE AUTHORIZED.—The Sec- shall require the State to cover costs to be of all Traumatic Brain Injury veterans have retary of the Interior, acting through the incurred by the Secretary, or to reimburse a visual impairment.

VerDate Aug 31 2005 04:27 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.094 S10SEPT1 wwoods2 on PRODPC68 with SENATE September 10, 2008 CONGRESSIONAL RECORD — SENATE S8325 (5) Section 1623 of the National Defense Au- SA 5445. Mr. BAYH submitted an mittee on Foreign Relations be author- thorization Act for Fiscal Year 2008 (Public amendment intended to be proposed by ized to meet during the session of the Law 110–181; 122 Stat. 455; 10 U.S.C. 1071 note) him to the bill S. 3001, to authorize ap- Senate on Wednesday, September 10, requires the Secretary of Defense to estab- propriations for fiscal year 2009 for lish a center of excellence for the prevention, 2008, at 10:30 a.m. diagnosis, mitigation, treatment, and reha- military activities of the Department The PRESIDING OFFICER. Without bilitation of military eye injuries. That sec- of Defense, for military construction, objection, it is so ordered. tion also requires the Department of Defense and for defense activities of the De- COMMITTEE ON FOREIGN RELATIONS to work with Department of Veterans Af- partment of Energy, to prescribe mili- Mr. LEVIN. Mr. President, I ask fairs, to the maximum extent practicable, as tary personnel strengths for such fiscal unanimous consent that the Com- well as with public and private entities and year, and for other purposes; which was mittee on Foreign Relations be author- institutions of higher learning, to develop a ordered to lie on the table; as follows: comprehensive plan and strategy for a Mili- ized to meet during the session of the At the end of subtitle B of title VIII, add Senate on Wednesday, September 10, tary Eye Injury Registry, which would track the following: the diagnosis, surgical intervention, and fol- 2008, at 2 p.m. SEC. 815. ENHANCEMENT OF BUY AMERICAN RE- low up for each significant case of eye injury QUIREMENTS WITH RESPECT TO The PRESIDING OFFICER. Without incurred by a member of the Armed Forces SPECIALTY METALS CRITICAL TO objection, it is so ordered. while serving on active duty. NATIONAL SECURITY. COMMITTEE ON HOMELAND SECURITY AND (6) Section 1623 of the National Defense Au- (a) INCLUSION OF HIGH PERFORMANCE GOVERNMENTAL AFFAIRS thorization Act for Fiscal Year 2008 also re- MAGNETS AMONG SPECIALTY METALS.—Sub- quires the Department of Defense and the section (l) of section 2533b of title 10, United Mr. LEVIN. Mr. President, I ask Department of Veterans Affairs to provide a States Code, is amended by adding at the end unanimous consent that the Com- cooperative program for members of the the following new paragraph: mittee on Homeland Security and Gov- Armed Forces and veterans with traumatic ‘‘(5) High performance magnets.’’. ernmental Affairs be authorized to eye injury by conducting research on preven- (b) DEFINITIONS.—Subsection (m) of such meet during the session of the Senate tion of visual dysfunctions, which is a fre- section is amended by adding at the end the on Wednesday, September 10, 2008, at 10 quent complication from Traumatic Brain following new paragraphs: Injury. ‘‘(11) The term ‘produced’, in the case of a a.m., to conduct a hearing entitled (7) On June 9, 2008, the Assistant Secretary specialty metal or high performance magnet, ‘‘Expediency Versus Integrity: Do As- of Defense for Health Affairs decided that means melting, gas atomization, sputtering, sembly-Line Audits at the Defense the Vision Center of Excellence will be es- or consolidation from powder using non-melt Contract Audit Agency Waste Tax- tablished in the National Capital Region and technology in the United States. The term payer Dollars?’’ will be comprised of multiple clinical centers does not include a rolling or finishing proc- The PRESIDING OFFICER. Without throughout the Nation at Department of De- ess such as quenching and tempering of objection, it is so ordered. fense and Department of Veterans Affairs armor plate. medical centers. ‘‘(12) The term ‘high performance magnet’ COMMITTEE ON THE JUDICIARY (b) SENSE OF CONGRESS.—It is the sense of means a permanent magnet containing 10 or Mr. LEVIN. Mr. President, I ask Congress that— more percent by weight of cobalt, samarium, unanimous consent that the Senate (1) the Vision Center of Excellence will be or nickel.’’. Committee on the Judiciary be author- a world class vision center supporting both members of the Armed Forces and veterans; f ized to meet during the session of the (2) research on visual impairments related AUTHORITY FOR COMMITTEES TO Senate, to conduct a hearing entitled to Traumatic Brain Injury needs to be ex- MEET ‘‘New Strategies for Combating Violent panded, and the Vision Center of Excellence Crime: Drawing Lessons From Recent should play a key role in identifying current COMMITTEE ON COMMERCE, SCIENCE, AND Experience’’ on Wednesday, September and future research needs; TRANSPORTATION 10, 2008, at 10 a.m., in room SD–562 of Mr. LEVIN. Mr. President, I ask (3) the goal of the Vision Center of Excel- the Dirksen Senate Office Building. lence is to provide all members of the Armed unanimous consent that the Com- The PRESIDING OFFICER. Without Forces who suffer ocular trauma or disease mittee on Commerce, Science, and objection, it is so ordered. the most comprehensive, coordinated, pro- Transportation be authorized to meet gressive, and highest quality eye care pos- during the session of the Senate on SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, THE FEDERAL WORKFORCE, sible; Wednesday, August 10, 2008, at 10 a.m., (4) the Vision Center of Excellence should AND THE DISTRICT OF COLUMBIA in room 253 of the Russell Senate Office maximize Department of Defense, Depart- Mr. LEVIN. Mr. President, I ask Building. ment of Veterans Affairs, and civilian re- unanimous consent that the Com- sources to ensure the most compassionate, The PRESIDING OFFICER. Without objection, it is so ordered. mittee on Homeland Security and Gov- synchronized, and professional eye care; and ernmental Affairs’ Subcommittee on (5) the Department of Defense should ex- COMMITTEE ON ENVIRONMENT AND PUBLIC amine the potential benefit of screening for WORKS Oversight of Government Management, eye injuries when service members are Mr. LEVIN. Mr. President, I ask the Federal Workforce, and the Dis- screened for Traumatic Brain Injury. unanimous consent that the Com- trict of Columbia be authorized to (c) REPORTS TO CONGRESS.— mittee on Environment and Public meet during the session of the Senate (1) REPORT ON IMPLEMENTATION OF VISION Works be authorized to meet during on Wednesday, September 10, 2008, at CENTER OF EXCELLENCE.—Not later than 30 the session of the Senate on Wednes- 2:30 p.m. to conduct a hearing entitled, days after the date of the enactment of this ‘‘Managing the Challenges of the Fed- Act, the Secretary of Defense shall, in co- day, September 10, 2008 at 10 a.m. in ordination with the Secretary of Veterans room 406 of the Dirksen Senate Office eral Government Transition.’’ Affairs, submit to the Committees on Armed Building to hold a hearing entitled, The PRESIDING OFFICER. Without Services and Veterans’ Affairs of the Senate ‘‘Improving the Federal Bridge Pro- objection, it is so ordered. and the Committees on Armed Services and gram: Including an Assessment of S. SUBCOMMITTEE ON TRANSPORTATION SAFETY, Veterans’ Affairs of the House of Representa- 3338 and H.R. 3999.’’ INFRASTRUCTURE SECURITY, AND WATER tives a report on the status of implementa- The PRESIDING OFFICER. Without QUALITY tion of the Vision Center of Excellence. The objection, it is so ordered. Mr. LEVIN. Mr. President, I ask report shall include, at a minimum, a de- unanimous consent that the Sub- scription of the mission of the Vision Center COMMITTEE ON FINANCE of Excellence, the resources or funds avail- Mr. LEVIN. Mr. President, I ask committee on Transportation Safety, able to fund the Vision Center of Excellence unanimous consent that the Com- Infrastructure Security, and Water from fiscal years 2009 through 2013, and the mittee on Finance be authorized to Quality, Committee on Environment planned programs and priorities of the Vi- meet during the session of the Senate and Public Works, be authorized to sion Center of Excellence. on Wednesday, September 10, 2008, at 10 meet during the session of the Senate (2) REPORT ON VISUAL SCREENINGS IN CON- a.m., in room 215 of Dirksen Senate Of- on Wednesday, September 10, 2008, at 3 NECTION WITH TBI.—Not later than 180 days fice Building. p.m., in room 406 of the Dirksen Senate after the date of the enactment of this Act, The PRESIDING OFFICER. Without Office Building to hold a hearing enti- the Secretary of Defense shall submit to Congress a report on the feasability and ad- objection, it is so ordered. tled, ‘‘Quality and Environmental Im- visability of performing visual screenings on COMMITTEE ON FOREIGN RELATIONS pacts of Bottled Water.’’ all members of the Armed Forces who expe- Mr. LEVIN. Mr. President, I ask The PRESIDING OFFICER. Without rience Traumatic Brain Injury. unanimous consent that the Com- objection, it is so ordered.

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Mr. President, I ask Whereas Anne Armstrong was named by Whereas Stephanie Tubbs Jones served as unanimous consent that Jamie Lynch, President Gerald Ford as the United States the Cuyahoga County Prosecutor from 1991 Nathan Buniva, and Thomas Barlow, Ambassador to the United Kingdom, the first through 1999, becoming the first woman and congressional fellows and staff in the woman to hold that important and pres- the first African-American to hold the posi- office of Senator JIM WEBB, be allowed tigious post; tion; privileges of the floor during consider- Whereas Anne Armstrong was awarded the Whereas, in 1998, Stephanie Tubbs Jones ation of S. 3001. Presidential Medal of Freedom, the Nation’s was elected to the first of 5 terms in the The PRESIDING OFFICER. Without highest civilian honor, by President Ronald House of Representatives, where she was a Reagan; tireless advocate for the citizens of Ohio’s objection, it is so ordered. Whereas Anne Armstrong graciously 11th Congressional District and championed Mr. SESSIONS. Madam President, I hosted world leaders and other prominent in- increased access to health care, improved ask unanimous consent that MAJ dividuals at the legendary Armstrong Ranch voting rights, and quality education for all; Monique Matthews, a military legisla- in Kenedy County, Texas; Whereas Stephanie Tubbs Jones was the tive fellow in my office, be granted the Whereas Anne Armstrong was inducted first African-American woman to represent privilege of the floor for the remainder into the Texas Women’s Hall of Fame in 1986 the State of Ohio in Congress; of the discussion of the Defense bill. for her numerous achievements and con- Whereas Ohio has lost a beloved daughter The PRESIDING OFFICER. Without tributions to the State of Texas and the Na- and the House of Representatives one of its objection, it is so ordered. tion; strongest voices with the passing of Steph- Whereas Anne Armstrong lost her beloved anie Tubbs Jones on August 20, 2008: Now, Mr. DORGAN. Madam President, I husband Tobin in 2005, and is survived by 5 therefore, be it ask unanimous consent that Jon Cary, five children: J. Barclay Armstrong, Kath- Resolved, That the Senate— a military fellow from my office, be arine Armstrong Love, Sarita Armstrong (1) mourns the loss of the Honorable Steph- granted the privilege of the floor dur- Hixon, James Armstrong, and Tobin Arm- anie Tubbs Jones and expresses its condo- ing consideration of the Defense au- strong, Jr.; lences to her family and friends and to the thorization bill. Whereas Anne Armstrong is also survived people of the 11th Congressional District of The PRESIDING OFFICER. Without by 13 grandchildren and a sister, Katharine Ohio; and objection, it is so ordered. Legendre King; and (2) honors the life of Stephanie Tubbs Whereas Anne Armstrong will be deeply Jones, a highly esteemed and accomplished Mr. HARKIN. Mr. President, I ask missed by the people of Texas and the Nation Member of Congress, dedicated community unanimous consent that Luke Lynch as a whole: Now, therefore, be it leader, and tireless advocate for those in and Peter Lillis of my staff be granted Resolved, That the Senate honors the life of need. the privileges of the floor for the dura- Anne Legendre Armstrong, an exemplar of f tion of today’s session. dedication to public service and an inspira- The PRESIDING OFFICER. Without tion for the Texans who have followed her. ORDERS FOR THURSDAY, objection, it is so ordered. f SEPTEMBER 11, 2008 f HONORING THE LIFE AND ACCOM- Mr. SANDERS. Mr. President, I ask HONORING THE LIFE OF ANNE PLISHMENTS OF STEPHANIE unanimous consent that when the Sen- LEGENDRE ARMSTRONG TUBBS JONES ate completes its business today, it Mr. SANDERS. Mr. President, I ask stand adjourned until 10:30 a.m. tomor- Mr. SANDERS. Mr. President, I ask row, Thursday, September 11; that fol- unanimous consent that the Judiciary unanimous consent that the Senate proceed to the immediate consider- lowing the prayer and pledge, the Jour- Committee be discharged from further nal of proceedings be approved to date, consideration and the Senate now pro- ation of S. Res. 654, submitted earlier today by Senator BROWN. the morning hour be deemed to have ceed to the consideration of S. Res. 645. expired, the time for the two leaders be The PRESIDING OFFICER. The The PRESIDING OFFICER. The reserved for their use later in the day, clerk will state the resolution by title. clerk will state the resolution by title. and that there be a period of morning The assistant legislative clerk read The assistant legislative clerk read business for up to 1 hour, with Senators as follows: as follows: A resolution (S. Res. 654) honoring the life permitted to speak therein for up to 10 A resolution (S. Res. 645) honoring the life minutes each, with the time equally di- of Anne Legendre Armstrong. and recognizing the accomplishments of the Honorable Stephanie Tubbs Jones, a Member vided and controlled between the two There being no objection, the Senate of the House of Representatives for the 11th leaders or their designees, with the Re- proceeded to consider the resolution. congressional district of Ohio. publicans controlling the first half and Mr. SANDERS. Mr. President, I ask There being no objection, the Senate the majority controlling the second unanimous consent that the resolution proceeded to consider the resolution. half; and that following morning busi- be agreed to, the preamble be agreed Mr. SANDERS. Mr. President, I ask ness, the Senate resume consideration to, and the motion to reconsider be laid unanimous consent that the resolution of S. 3001, the Department of Defense upon the table. and the preamble be agreed to en bloc, authorizations bill. I further ask that The PRESIDING OFFICER. Without the motion to reconsider be laid upon there be a moment of silence at 12:30 objection, it is so ordered. the table, with no intervening action p.m. to honor the victims of the Sep- The resolution (S. Res. 645) was or debate, and that any statements re- tember 11 attacks. agreed to. lated to the resolution be printed in The PRESIDING OFFICER. Without The preamble was agreed to. the RECORD. objection, it is so ordered. The resolution, with its preamble, The PRESIDING OFFICER. Without Mr. SANDERS. In addition to the reads as follows: objection, it is so ordered. moment of silence tomorrow, at 11:45 S. RES. 645 The resolution (S. Res. 654) was a.m. on the West front steps of the U.S. Whereas Anne Legendre Armstrong, a pio- agreed to. Capitol, there will be a bipartisan, bi- neer for women in public service, passed The preamble was agreed to. cameral congressional ceremony to away on July 30, 2008, at the age of 80; The resolution, with its preamble, honor those who lost their lives and he- Whereas Anne Armstrong was educated at reads as follows: Foxcroft School in Middleburg, Virginia, roically saved others in the attacks of where she was valedictorian of her grad- S. RES. 654 September 11, 2001. uating class; Whereas Stephanie Tubbs Jones was born f Whereas Anne Armstrong received her B.A. on September 10, 1949, in Cleveland, Ohio, degree from Vassar College, where she was and attended Case Western Reserve Univer- ORDER FOR ADJOURNMENT elected to Phi Beta Kappa in her junior year; sity and the Franklin Thomas Backus Mr. SANDERS. Mr. President, if Whereas Anne Armstrong was an active School of Law; there is no further business to come be- and respected leader in the Texas Republican Whereas, in 1982, at the age of 33, Steph- Party and the first female co-chair of the Re- anie Tubbs Jones was elected to serve on the fore the Senate, I ask unanimous con- publican National Committee; Cleveland Municipal Court; sent that it stand adjourned under the Whereas Anne Armstrong served both Whereas, in 1983, Stephanie Tubbs Jones previous order following the remarks of President Richard Nixon and President Ger- became the first African-American woman to Senator LIEBERMAN.

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Mr. President, I the surge have recently tried to write made the surge possible, rather than rise to speak on behalf of amendment off this remarkable success by claim- undercutting their struggle and sac- No. 5368, which Senator GRAHAM of ing it doesn’t matter. They say the rifices as irrelevant. And it is time to South Carolina and I have filed. It is an success of the surge is irrelevant be- pledge that the hard-won gains secured amendment to the National Defense cause Iraq itself is irrelevant, a dis- by the surge will be honored and pre- Authorization Act, which we hope to be traction from the real central front of served, not squandered by attempts to able to call up in the next day or two. the war on terror which they say is Af- impose arbitrary timetables for with- This amendment expresses the sense ghanistan. drawal, regardless of what is happening of the Senate recognizing the strategic This is a profoundly mistaken and on the ground in Iraq. success of the troop surge in Iraq and misguided argument. Both Iraq and Af- The good news is that all of the expressing gratitude to the members of ghanistan are important, but I ask my troops who were sent to Iraq as part of the U.S. Armed Forces who have made colleagues: Does anyone here believe it the surge, approximately 30,000, have that success possible. is irrelevant if al-Qaida wins or loses in now returned home because of the suc- It was exactly 1 year ago today, Sep- Iraq, a nation that historically has cess of the surge, and they are not tember 10, 2007, that GEN David been at the heart of the Arab world? being replaced. President Bush an- Petraeus came to Capitol Hill to tes- Does anyone here really believe it is ir- nounced just yesterday that an addi- tify about the situation in Iraq. At relevant if Iran succeeds or fails in its tional 8,000 troops will be withdrawn by that time, General Petraeus laid out efforts to seize control of Iraq? Does next February. Again, because the the facts. He gave us an accurate and anyone really want to tell our brave surge has worked, because the Iraq Se- honest assessment of the situation on men and women in uniform in Iraq that curity Forces are more capable of pro- the ground. He presented the growing the hard-won gains they have achieved tecting their own country, because the evidence that the surge was working over the past year, the lives that have political leadership of the country has and that security there was improving. been lost in that effort through their come together to govern—giant steps Many, I fear, did not want to listen struggle and sacrifice are irrelevant? along the path to what we have been to General Petraeus, because many had The answer, to me, is clearly no. hoping for throughout this conflict. already made up their minds about the So let there be no doubt, the outcome That is why Senator GRAHAM and I surge. They were wedded to the idea of the war in Iraq is anything but irrel- have offered this bipartisan amend- that the surge was a mistake because evant. On the contrary, in my opinion, ment to the National Defense Author- they were wedded to the idea that the there are few matters more important ization Act. We hope the Senate can war was a mistake and that, in fact, we to the safety and security of the United unite to take up and adopt this amend- had already lost it. They didn’t want to States today than whether we win or ment. It is not going to happen today hear evidence that General Petraeus lose in Iraq. on the 1-year anniversary of the presented that day that America could If there is anyone in this Chamber Petraeus testimony, but I hope it will still win this critical fight. As a result, who doubts the strategic stakes in happen soon. even before GEN David Petraeus set Iraq, I urge them to listen to General Let’s stop for a moment, is what we foot on Capitol Hill, this honorable Petraeus. Listen to General Petraeus are asking, and acknowledge the his- American soldier was met by a hail of who warned us in an interview pub- toric significance of what has been preemptive attacks by opponents of the lished today in the Washington Post achieved at great sacrifice by the men surge and the war. that ‘‘Iraq is still viewed as the central and women who have worn the uniform One group, moveon.org, made the ab- front for al-Qaida.’’ Let me repeat that: of the United States, by the coalition solutely irresponsible and offensive ac- ‘‘Iraq is still viewed as the central forces who have been there, and, in- cusation that General Petraeus would front for al-Qaida,’’ which is to say by deed, by the Iraq Security Forces try to cook the books to justify the al-Qaida. Not Afghanistan, Iraq; not themselves. surge. But 1 year later, we know the Pakistan, Iraq. Eighteen months ago, Iraq was in truth. It was, in fact, moveon.org that This is not the opinion of a Member chaos. Very few thought we could was cooking the books, not General of Congress. It is not the opinion of a achieve success there. Yet now in the Petraeus. The general was right that politician running for office. It is the space of less than 2 years an extraor- the surge was working, and his critics judgment of America’s most successful dinary turnaround, one of the most re- were wrong. Had we heeded their ad- battlefield commander in the war on markable in the history of the Amer- vice to abandon the surge and retreat terror which began 7 years ago tomor- ican military, the proud history of the from Iraq in 2007, the United States row when America was brutally at- American military, has been brought would have suffered by its own decision tacked on 9/11/2001. This is the judg- about. I truly believe the men and a catastrophic defeat in Iraq that ment of a general whom this Senate women who have served there under would have had terrible consequences confirmed as the Supreme Commander General Petraeus, now soon under Gen- far beyond Iraq for years to come. For- for U.S. Forces in the Middle East and eral Odierno, a wonderfully prepared tunately, we did not abandon General South Asia, who is soon to become the and able and strong leader, will be Petraeus and his brave troops, and as a Commander in Chief at CENTCOM. viewed by history as America’s next or result, the situation in Iraq has now What this general tells us is that it is newest ‘‘greatest generation.’’ completely reversed. Iraq, not Afghanistan, that is the cen- Obviously, there is still much we In the 12 months since General tral front of al-Qaida’s war on us as de- need to do to secure ultimate victory Petraeus came before Congress to tes- fined by them, by the enemy. in Iraq. Of course, we still face other tify on this very day a year ago, almost One year ago, many in Congress did great challenges from terrorists every imaginable indicator of progress not want to listen to General Petraeus. throughout the world and from others, in Iraq, particularly political, eco- In the 12 months since then, however, such as autocratic powers rising again. nomic, military, and security, has we have been presented with ample evi- But at this moment, particularly on changed for the better. The surge is not dence why that was a mistake. I hope this day, I wanted to give thanks for just a tactical success, as some of its we will not repeat that mistake again. the truly historic achievement that be- opponents have suggested. It is a stra- So today on the 1-year anniversary of longs to GEN David Petraeus and the tegic success for the United States and General Petraeus’s testimony before men and women of the American mili- for the cause of freedom. Because of Congress, let’s resolve to come to- tary who have served under him. I hope the surge, our two most threatening gether across party lines. It is time to this amendment can be brought up, and

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TRIBUTE TO THE TOWN OF BELLE pionship. This was a truly outstanding educators in their educational decision mak- achievement to cap a remarkable season, a ing, with an emphasis on the implementation HON. SHELLEY MOORE CAPITO season where the Mustangs finished with a of new technologies. OF WEST VIRGINIA record of 31–1. The game was an amazing Grayhawk Elementary School has done an come-from-behind victory, where the Mus- exemplary job of putting communication chan- IN THE HOUSE OF REPRESENTATIVES tangs scored three runs to tie the score in the nels in place in order for the needs of the stu- Wednesday, September 10, 2008 bottom of the sixth, and pulled ahead two in- dents to be recognized and for the concerns Mrs. CAPITO. Madam Speaker, I rise today nings later with a game-winning single to right of the parents to be taken into account. With to honor the Town of Belle, WV as it cele- field. With the Mustangs’ optimism, athleticism, this information available, teachers are better brates its 50th year of incorporation. skill and hard work, the Stockdale High School able to engage and inspire their students. Located in Kanawha County along the fans, students and community members were As a former teacher and a member of the Kanawha River, Belle was incorporated on treated to an exciting and memorable cham- Science and Technology Committee, I am es- December 13th of 1958 by the Kanawha pionship game. pecially proud of the achievements of this County Circuit Court. I would like to extend my congratulations to school. It takes a great deal of time and effort For half a century now, Belle has been the the Stockdale High School Mustangs student from both parents and educators to spark stu- home to many hardworking men and women athletes for their impressive championship win dents’ creativity; a feat I believe can only be with great values and a strong sense of com- and strong 2008 season. The 2008 roster in- achieved through open communication. Also munity. Past and present mayors, cluded Ryan Lay, Jeff Dolinar, Jonathan with the great strides that have been made re- councilpersons, employees, and community Broida, Kyle Desimone, Ryan Drown, Greg cently in the technology industry, it is para- leaders have all played an integral role in Osteen, J.D. Reed, Philip Valos, Dominic Cha- mount that our students, teachers, and par- shaping the town. Their hard work has pro- vez, Justin Williamson, Brock Allen, Jared ents are up to date with our constantly chang- vided jobs and opportunities to many people. Schweitzer, Travis Boos, Ren Floyd, Ryan ing technological landscape. Even before incorporation, Belle was home Atherly, Travis Maytubby, Imaad Nuriddin, Grayhawk Elementary was chosen by as a to DuPont. Breaking ground in 1925, it has Scott Denesha, Eric Matthews, K.C. Hobson, Top 200 school out of a pool of over 10,000 maintained a strong presence in the area for Tyler Boren, Aaron Hartman, Steven schools nationwide. The school signifies the over 80 years. DuPont Belle has special sig- Eyherabide, Ryan Espinoza, and team man- progressive approach necessary in order for nificance in the history of the chemical indus- ager Jack Robson. our children to receive the best education pos- try. The plant’s central location provides over- I also want to congratulate the coaching sible. It is for these reasons and many more night delivery to two-thirds of the U.S. popu- staff who helped lead the team to its cham- that I congratulate Grayhawk Elementary lation and one-third of the Canadian popu- pionship season. The Mustangs head coach is School for its achievement and urge its edu- lation. It is the nation’s first commercial ammo- Dan Lemon and his coaching staff includes cators, parents, and students to continue to nia synthesis site. At Belle, DuPont developed assistant coaches Greg Showers, Travis strive for excellence in the future. the technology to manufacture nylon. The Debondt, Butch Hobson, and Lance Stevens. town of Belle and state of West Virginia have Participation in extracurricular activities is a f experienced labor with industry-specific skills wonderful component of a high school edu- HONORING LIEUTENANT GENERAL which allows them to offer an unmatched ad- cation because it provides opportunities for JOHN A. BRADLEY ON THE OCCA- vantage in the chemical business. leadership, teamwork and competition. These SION OF HIS RETIREMENT It is an honor to pay tribute to Belle, a town essential characteristics for a well-rounded that represents the best of America’s small education are especially distinct in the towns. I wish congratulations to Belle as it Stockdale High School’s exemplary athletic HON. JIM COOPER celebrates half a century of incorporation in programs. The months of physical and mental OF TENNESSEE the Mountain State. training and the dedication to teamwork that IN THE HOUSE OF REPRESENTATIVES was required to win this Valley Championship, f Wednesday, September 10, 2008 as well as all their unprecedented achieve- CONGRATULATING THE STOCK- ments, will benefit these young men in their Mr. COOPER. Madam Speaker, I rise today DALE HIGH SCHOOL MUSTANGS years to come. to salute a man who has touched the lives of VARSITY BASEBALL TEAM On behalf of the residents of the 22nd Con- so many Tennesseans, as well as many the gressional District, I once again commend the world, through his long and distinguished mili- HON. KEVIN McCARTHY Stockdale High School Mustangs on winning tary career, culminating as Chief of the Air OF CALIFORNIA the 2008 Central Section Division I Baseball Force Reserve and commander for the Air IN THE HOUSE OF REPRESENTATIVES Championship, and I know the parents, teach- Force Reserve Command. ers, neighbors and fans of our community will General John A. Bradley was commissioned Wednesday, September 10, 2008 remember this season for many years to in 1967 after completing the Air Force ROTC Mr. MCCARTHY of California. Madam come. program as a distinguished graduate at the Speaker, I rise today to honor the student ath- f University of Tennessee at Knoxville. letes and coaches of the Stockdale High As a fighter pilot, General Bradley flew 337 School Mustangs varsity baseball team. The CONGRATULATING GRAYHAWK combat missions in Vietnam. He commanded Mustangs won the 2008 Central Section Divi- ELEMENTARY SCHOOL a fighter training squadron, fighter group and sion I Baseball Championship, also known as wing and Reserve numbered air force. Gen- the Valley Baseball Championship, on May 22, HON. HARRY E. MITCHELL eral Bradley also served as the Assistant to 2008. In addition, the Stockdale Mustangs OF ARIZONA the Chairman of the Joint Chiefs of Staff for baseball team was ranked 2nd in the entire IN THE HOUSE OF REPRESENTATIVES Reserve Matters. He has over 7,000 flying state of California (Division I) and 20th in the hours in the T–38, A–37, A–10, F–4 and F– nation. Its achievements make the Mustangs Wednesday, September 10, 2008 16. the highest ranking team in Kern County his- Mr. MITCHELL. Madam Speaker, I rise General Bradley’s noteworthy service has tory. today in recognition of the Grayhawk Elemen- been recognized for his service with numerous On May 22, 2008, the Stockdale Mustangs tary School for being named by Project To- devices on medals for the Distinguished Serv- defeated Clovis High School 7–6 in its final morrow as a Speak Up Top 200 school. This ice Medal, Defense Superior Service Medal, game of the season to win, for the first time honor is in recognition of the school’s incorpo- Legion of Merit, Distinguished Flying Cross, in Mustang history, the Valley Baseball Cham- ration of the views of students, parents, and Combat Readiness Medal, Vietnam Service

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

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K10SE8.001 E10SEPT1 rfrederick on PROD1PC67 with REMARKS E1748 CONGRESSIONAL RECORD — Extensions of Remarks September 10, 2008 Medal, Southwest Asia Service Medal, Global Bhutan, the State of Texas, and commemo- As the chair of the House Ethics Committee, War on Terrorism Service Medal, Republic of rated the 50th anniversary of NASA. Congresswoman TUBBS JONES had one of the Vietnam Gallantry Cross, Republic of Vietnam The festival also celebrated UTEP’s ties to most difficult duties in Congress. Her experi- Campaign Medal, and Kuwait Liberation the Kingdom of Bhutan, and featured El Paso ence as a judge and a prosecutor made her Medal, Government of Kuwait. mariachi band Los Arrieros and musicians and perfectly suited for the responsibility of main- General Bradley’s superior leadership pro- dancers from Bhutan. UTEP President Diana taining the integrity of the U.S. House of Rep- pelled the Air Force Reserve Command to Natalico and City Representative Susie Byrd resentatives. meet or exceed every mission requirement welcomed the standing-room-only crowd to the Today is STEPHANIE’s 59th birthday. It is while effectively managing limited resources in performance. heartbreaking that she is not here with us, but an ever-changing, post-September-11 environ- As an added bonus, Bhutanese carpenters I am proud to celebrate her life of service and ment. His ‘‘One Air Force, Same Fight . . . an and skilled artisans constructed a traditional her commitment to both her family and the Unrivaled Wingman’’ Vision provided a road- Bhutanese structure on the National Mall as families she represented. Congresswoman map for the Air Force Reserve Command to gift of friendship for the people of the United TUBBS JONES was the epitome of a citizen execute over 39 Total Force Integration and States. The structure, one of the largest tradi- servant and demonstrated to all who knew her Base Realignment and Closure changes af- tional buildings ever constructed on the Na- a spirit of joy, hope and compassion. I feel fecting 75 percent of its units. tional Mall, will be housed at UTEP for perma- honored to have known her and privileged to He supported the Combatant Commands nent display. UTEP students traveled to have served with her in this House. STEPHANIE with over 27,000 volunteer and mobilized re- Washington, DC, to film a documentary about will be missed by me and many others, but servists. He proactively led the Command’s the 30-foot structure and the Folklife Festival. she will not be forgotten. Following the Smithsonian Folklife Festival, steadfast support of Operations Noble Eagle, f Enduring Freedom, and Iraqi Freedom as well several Bhutanese performers traveled to El IN MEMEORIAL OF OFFICER as the rapid response to the 2005 hurricane Paso to perform at the 2008 Bhutan Festival ISABEL NAZARIO strikes. As the Air Force lead for the Air Force at UTEP. The event gave El Pasoans the op- Smart Operations 21 Caring for People proc- portunity to learn about Bhutanese culture and ess, he made recommendations to improve traditions. HON. ALLYSON Y. SCHWARTZ These cooperative efforts between our two programs essential to the health and welfare OF PENNSYLVANIA nations enrich both the United States and the of Airmen. IN THE HOUSE OF REPRESENTATIVES General Bradley has retired home to Nash- Kingdom of Bhutan, and I rise today to join my Wednesday, September 10, 2008 colleagues in honoring the people of Bhutan ville, TN. On behalf of a grateful Nation, I Ms. SCHWARTZ. Madam Speaker, on Fri- thank General Bradley, his wife Jan and their as they shift to a more representative form of government. day September 5, 2008, Officer Isabel daughter Leigh Ann for their commitment and Nazario, an 18-year veteran of the Philadel- f sacrifices made throughout this distinguished phia Police Department and a constituent of military career. Congratulations on completing EXPRESSING THE CONDOLENCES the 13th Congressional District was killed in a an outstanding and successful career. OF THE HOUSE OF REPRESENTA- crash while assisting fellow officers in the pur- f TIVES ON THE DEATH OF THE suit of a stolen vehicle. The crash also injured HONORABLE STEPHANIE TUBBS COMMEMORATING BHUTAN’S PAR- her partner, 12-year veteran Terry Tull. JONES, A REPRESENTATIVE OF TICIPATION IN THE SMITHSO- Officer Nazario, 40, left behind a 15-year-old THE STATE OF OHIO ´ NIAN FOLKLIFE FESTIVAL daughter, Jazmin, and a fiancee, Carlos Buitrago. She was remembered by her friends SPEECH OF SPEECH OF and colleagues as a ‘‘beautiful mother’’ and ‘‘a HON. BETTY McCOLLUM great officer.’’ HON. SILVESTRE REYES OF MINNESOTA Police Commissioner Charles Ramsey OF TEXAS IN THE HOUSE OF REPRESENTATIVES called her, ‘‘a very, very good officer in a very IN THE HOUSE OF REPRESENTATIVES Monday, September 8, 2008 high-profile unit with highly motivated officers.’’ Tuesday, September 9, 2008 Philadelphia Mayor Michael Nutter said she Ms. MCCOLLUM of Minnesota. Mr. Speak- ‘‘was a dedicated public servant who spent Mr. REYES. Mr. Speaker, I rise to express er, it is with tremendous sadness that I rise to her life protecting others.’’ my support for H. Res. 1307, a resolution mourn the passing of our dear colleague, the Fraternal Order of Police Lodge No. 5 Presi- commemorating the Kingdom of Bhutan’s par- Honorable STEPHANIE TUBBS JONES of Ohio. dent John McNesby said, ‘‘She had a great ticipation in the 2008 Smithsonian Folklife Fes- STEPHANIE’s death is an unbelievable tragedy work ethic and a great reputation on the tival and commending the people and the for her family and all of us who loved her. It street. She was always willing to do what Government of the Kingdom of Bhutan for is a tremendous loss for her Cleveland con- needed to be done.’’ their commitment to holding elections and stituents and our Nation. Her passing reminds Officer Nazario joined the Department be- broadening political participation. us how precious life is and how we must cause she was called to make her community The Kingdom of Bhutan has a very special treasure the time we spend with our loved a better place. A graduate of Olney High relationship with the University of Texas at El ones. School in Northeast Philadelphia, Nazario was Paso, UTEP, community and the people of El STEPHANIE’s absence is profoundly personal promoted to the Narcotics Strike Force divi- Paso, TX. This year’s Smithsonian Folklife for me because she was a very special person sion 12 years ago. She was part of a police Festival presented a truly rare opportunity for and a friend. Many, many memories and per- family, her sister Maritza Mohamad and her UTEP and the El Paso community to join with sonal stories come to mind when I think of fiance´e were also Philadelphia Police Officers. the Kingdom of Bhutan to showcase our two her. She was a caring person who showed her Jazmin Nazario said the thing that she ad- cultures in the Nation’s Capital. People had kindness and friendship freely. Her deep, mired most about her mother was her the opportunity to listen to El Paso mariachis strong, loving voice is memorable. STEPH- strength—the type of strength that enabled a and watch traditional Bhutanese dances at the ANIE’s energy and strength—almost fearless- single mother to walk the beat through city National Mall. The show was one-of-a-kind. ness—to fight for what she believed in, and at streets and put away criminals. Bhutan is currently transitioning to par- the same time, be open to opposing points of Madam Speaker, in the 4 years I have rep- liamentary democracy, and the resolution view was admirable. resented the people of the 13th Congressional under consideration today commends the Bhu- I can’t count the number of times I watched District, 4 police officers from my district have tanese people, and in particular King Jigme STEPHANIE on the floor of this House boldly been killed in the line of duty. The loss to fam- Singye Wangchuck, for advancing democratic speaking out on behalf of Americans and her ilies, communities and the force is acute. It is institutions in the Himalayan nation. Ohio constituents. She was passionate and our duty to recognize the sacrifice of our law During this critical time in Bhutan’s history, never shied away from fighting for justice, enforcement officers who put themselves in it is fitting that the Kingdom was included in equality, and the belief that this great country harm’s way to protect the people of our great the 2008 Smithsonian Folklife Festival. The can do so much better for so many of the citi- city. Folklife Festival is the largest annual cultural zens who have been left behind. A powerful I ask that the House of Representatives ex- event in the U.S. Capital, featuring a different voice for justice in Congress and an extraor- tend its condolences to Jazmin Nazario, her nation, region, State, and theme each year. dinary public servant is the best way I can de- family, and the Philadelphia Police Department This year’s festival showcased the Kingdom of scribe STEPHANIE and her legacy. for their significant loss.

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A10SE8.001 E10SEPT1 rfrederick on PROD1PC67 with REMARKS September 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1749 CHEMUNG CANAL TRUST During his tenure as Chief of Police for the the Substance Abuse and Mental Health Serv- COMPANY city of Corona, Gonzales oversaw the growth ices Administration, the White House Office of of the department from 114 officers to 189 offi- National Drug Control Policy, and The South HON. JOHN R. ‘‘RANDY’’ KUHL, JR. cers. In addition, he advocated for the acquisi- Jersey Coalition invite all residents of 1st Con- OF NEW YORK tion of a mobile command post, computers for gressional District of New Jersey to participate IN THE HOUSE OF REPRESENTATIVES patrol cars and an indoor shooting range that in National Alcohol and Drug Addiction Recov- is 25 lanes wide. Chief Gonzales has been an ery Month (Recovery Month); and now, there- Wednesday, September 10, 2008 excellent public servant who has consistently fore, Mr. KUHL of New York. Madam Speaker, in provided for the safety and well-being of the I, Congressman ROB ANDREWS, do hereby fan the fall of 1833, the Chemung Canal Trust community of Corona. proclaim the month of September 2008 as Na- Company opened its doors to the public and Chief Gonzales is also actively involved in tional Alcohol and Drug Addiction Recovery has continued to serve the Chemung commu- community youth activities as a board member Month in the 1st Congressional District and nity through banking, loans, and investment of UNITY. His hobbies include golf and jog- call upon the people of the 1st Congressional opportunities. ging and he is a member of his department’s District to observe this month with appropriate Over the last 175 years Chemung Canal Baker-to-Vegas running team. Chief Gonzales programs, activities, and ceremonies sup- Trust Company has continued to grow and has actively instituted partnerships with the porting this year’s theme, ‘‘Join the Voices for now includes three of the counties that I rep- local school district, ministerial groups and Recovery: Saving Lives, Saving Dollars.’’ resent in 29th district of New York including other service organizations to keep our com- f Chemung, Schuyler, and Steuben counties. munity safe and raise the quality of life we From providing the funds for a family to pur- share here in Corona. In 1999, Chief PREVENT ALL CIGARETTE chase their dream home to allocating loans so Gonzales was honored by the Inland Empire TRAFFICKING ACT OF 2008 a student can pursue a higher education de- Hispanic Image Awards as ‘‘Public Safety Per- SPEECH OF gree, Chemung Canal Trust has made a dif- son of the Year’’ and in 2001 received the Ira ference in New York for 175 years. And Calvert Distinguished Citizen of the Year HON. PETER J. ROSKAM through the last 175 years, they have not lost award. In July, 2003, he received the ‘‘Law OF ILLINOIS their commitment and dedication to this com- Administrator of the Year’’ award from the IN THE HOUSE OF REPRESENTATIVES munity. California School Resource Officers’ Associa- Tuesday, September 9, 2008 I want to congratulate all of the employers, tion. patrons, and everyone associated with Richard’s tireless passion for community Mr. ROSKAM. Mr. Speaker, I rise today in Chemung Canal Trust Company for this amaz- service has contributed immensely to the bet- support of H.R. 4081, the Prevent All Cigarette ing accomplishment. I know that this company terment of the community of Corona, Cali- Trafficking, PACT, Act of 2008, and commend will flourish for another 175 years and will con- fornia. I am proud to call Richard a fellow Mr. WEINER and Mr. SMITH for their hard work tinue to be a strong contributor to the people community member, American, and friend. I on this important bill. By some accounts, my of my district and to businesses in New York. know that many community members are own State of Illinois has lost $214 million last f grateful for his service and salute him as he year alone due to smuggling, counterfeit prod- retires. ucts, and Internet sales. TRIBUTE TO CHIEF RICHARD f The illegal trafficking of cigarettes not only GONZALES results in the loss of Federal, State and local IN RECOGNITION OF NATIONAL taxes on those products, but it is also of very HON. KEN CALVERT ALCOHOL AND DRUG ADDICTION serious consequence because much of these RECOVERY MONTH OF CALIFORNIA profits is going to fund criminal and terrorist IN THE HOUSE OF REPRESENTATIVES activities. HON. ROBERT E. ANDREWS Currently, there is technology available that Wednesday, September 10, 2008 OF NEW JERSEY can dramatically improve the States’ tobacco Mr. CALVERT. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES tax security systems. One such system, cur- to honor and pay tribute to an individual Wednesday, September 10, 2008 rently in use by the State of California with whose dedication and contributions to the city Mr. ANDREWS. Madam Speaker, whereas, great success, about to be implemented by of Corona, California are exceptional. Corona 22.2 million people in the United States have New Jersey and under consideration by other has been fortunate to have dynamic and dedi- faced a substance use disorder in the past States as well, is manufactured in my district. cated community leaders who willingly and un- year, and all deserve to experience the many My hope is we can move forward on this issue selfishly give their time and talent and make benefits of recovery; and to ensure these new technologies can be part their communities a better place to live and Whereas, treatment reduces reported job of a bigger solution. work. Corona Police Chief Richard Gonzales problems, including incomplete work and ab- With that, Mr. Speaker, I look forward to is one of these individuals. On September 12, senteeism, by an average of 75 percent; and working with my colleagues in the future to 2008, Richard Gonzales will retire as the Co- Whereas, treatment is cost effective, with pursue ways in which the Congress can assist rona Chief of Police. some measurements showing a benefit-to-cost States in understanding and implementing A native Californian, born in Los Angeles, ratio of up to 7:1, with substance use disorder such systems to combat smuggling of tobacco Richard makes his home in Corona with his treatment costing $1,583 per person on aver- products. wife Terry. Richard was sworn in as Corona’s age and having a monetary benefit to society f Police Chief on February 17, 1998. Previously, of nearly $11,487 for each person treated; and he spent 26 years the Los Angeles Police De- Whereas, we must recognize the financial INTRODUCING LEGISLATION TO partment, beginning in 1972 as a patrol officer savings associated with treatment services, AWARD DR. JOSEPH B. KIRSNER and retiring in 1998 as Captain III overseeing and ensure that such services are readily THE CONGRESSIONAL GOLD a staff of 170 at Hollenbeck Division. Prior to available to those who need assistance; and MEDAL this he was the commanding officer of the Whereas, cost and insurance barriers 77th Street area. present obstacles to those who need access HON. MARK STEVEN KIRK Chief Gonzales holds a Master of Arts De- to treatment facilities and want to re-establish OF ILLINOIS gree in Public Administration and a Bachelor their place in the community; and IN THE HOUSE OF REPRESENTATIVES of Science Degree in Criminal Justice, both Whereas, it is critical that we educate our from Cal State Long Beach. He is a graduate community members and local businesses Wednesday, September 10, 2008 of the FBI National Academy in Quantico, Vir- that substance use disorders are a treatable, Mr. KIRK. Madam Speaker, I am proud to ginia and in 2001 he attended the FBINA yet serious health care problem, and by taking introduce this bill to award Dr. Joseph B. LEEDS Training. He has attained an ‘‘Execu- steps to address it, as well as provide support Kirsner the Congressional Gold Medal for his tive’’ POST Certificate. He previously taught a for the families and children of those with outstanding work in the medical field of gastro- POST supervisory course at the Ben Clark these disorders, we can save both lives and enterology. Training Center in Riverside for the Sheriff’s dollars; and The son of Russian immigrants, Kirsner Department and a POST supervisory LDSP Whereas, to help achieve this goal, the U.S. overcame adversity as a young man and grad- course at Golden West College. Department of Health and Human Services, uated from Tufts University School of Medicine

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.005 E10SEPT1 rfrederick on PROD1PC67 with REMARKS E1750 CONGRESSIONAL RECORD — Extensions of Remarks September 10, 2008 at the top of his class. He went on to earn his the program proved highly successful. When A7–D Corsair to be displayed at Homelake in medical degree at the University of Chicago. the funding ran out a short 2 years later, honor of our Air Force’s contributions to tac- While training in Chicago, he became an ex- Susan transitioned Fresh Start into a private tical, close air ground support for our troops pert in gastroenterology and helped to make non-profit organization and it flourished under during the Vietnam war. the University of Chicago the premier center her leadership, In her role as Founder and Ex- A life long member of the Veterans of For- for research and therapy of inflammatory ecutive Director of Fresh Start, Susan pro- eign Wars and American Legion, Senator Entz bowel disease. His leadership and research vided her clients with clothing, meals, show- remains one of the strongest advocates for led to unprecedented medical advances in the ers, counseling and other critical social serv- rural veterans in Colorado. field of gastroenterology, enhancing the lives ices. She has helped countless residents find Senator Entz is also a brave survivor of of people across the world. jobs and establish homes for themselves and colon and prostate cancer. Despite his devotion to his research, Kirsner their families. A twin and 1 of 11 children, Senator Entz was compelled to join the Armed Forces in Over her years of service, Susan Prather his wife, Lorie, have four children: Cindy, World War II, earning a third battle star in the has been recognized by a long list of govern- Mike, Sandy, and Cathy. battle of the Philippines before serving under ment agencies and private organizations for His efforts to improve the quality of life of el- General Douglas MacArthur in Japan. Fol- her outstanding community work. In 1994, the derly veterans at Homelake makes him one of lowing the war, Kirsner became a full pro- California State Assembly recognized her ef- my heroes. fessor of medicine at the University of Chi- forts in a formal resolution. In 2002 she re- f cago. During his time as a professor, he pub- ceived the ‘‘Women Working for Justice’’ lished over 700 papers and 15 books, and award from the Contra Costa County Commis- CONGRATULATING DR. RENU gave over 25 named lectureships. He has sion for Women. In 2004, she was Honorably KHATOR AS THE NEW PRESI- served as a leader on a number of boards and Mentioned at the Contra Costa County Hu- DENT AND CHANCELLOR OF THE foundations, such as the National Institutes of manitarian of the Year Awards Ceremony. UNIVERSITY OF HOUSTON SYS- Health, the American Gastroenterological As- Also in 2004, the Walnut Creek Journal TEM sociation and the Chicago Medical Society. named Ms. Prather one of the ‘‘Six People Despite all of his world-renowned successes, Who Made Our Lives Better in 2003’’. Susan HON. GENE GREEN he continues to provide personal care to pa- certainly made life better for the countless OF TEXAS tients from across the country. poor and homeless residents of Contra Costa IN THE HOUSE OF REPRESENTATIVES County and in doing so, she raised the quality Dr. Kirsner, a World War II veteran and de- Wednesday, September 10, 2008 voted civil servant to the field of medicine, has of life for us all. lived his life in service to others, deserving of To Susan’s family and friends, we extend Mr. GENE GREEN of Texas. Madam national recognition for his honorable contribu- our heartfelt condolences. Your loss is shared Speaker, I rise today to congratulate Dr. Renu tion to our country. not only by those who knew Susan personally, Khator as the new President and Chancellor f but also by all who have been touched by the of the University of Houston System. work she has done. We will be forever grateful Dr. Renu Khator has been a long-time advo- A TRIBUTE TO SUSAN PRATHER for the courage, compassion, integrity, and te- cate of higher education. She dedicated 22 nacity with which she sought to make our years of her career to the University of South HON. GEORGE MILLER community a better place for everyone. Susan Florida and, at the helm of it, was awarded the OF CALIFORNIA Prather will be deeply missed and in her mem- position of provost and senior vice president. IN THE HOUSE OF REPRESENTATIVES ory, we must vow to continue the work she Her tenure at South Florida is highlighted by started. leading the expansion of its sponsored re- Wednesday, September 10, 2008 f search and overseeing an annual $1.6 billion Mr. GEORGE MILLER of California. Madam budget for the university. Speaker, I rise today along with my colleague, HONORING STATE SENATOR LEWIS Her accomplishments lend experience that Congresswoman ELLEN O. TAUSCHER, to com- H. ENTZ will positively shape the future of the Univer- memorate and celebrate the life and accom- sity of Houston System. She has already plishments of life-long Contra Costa County HON. JOHN T. SALAZAR shown exceptional enthusiasm and dedication resident and untiring social service advocate, OF COLORADO toward students enrolled in the System. Within Ms. Susan Prather. For over 30 years, Susan IN THE HOUSE OF REPRESENTATIVES the first 100 days of her appointment, she Prather successfully battled the establishment Wednesday, September 10, 2008 gained feedback from over 12,000 students on at all levels of government on behalf of our Mr. SALAZAR. Madam Speaker, I rise today issues that most concern them. Based on this most vulnerable citizens—our homeless. to honor a great Coloradan and a great Amer- feedback, it has become one of her top prior- Sadly, on July 29th, she lost her own battle ican former State Senator Lewis H. Entz. ities to build a reputation for the University of with cancer, and we all lost a true treasure in Senator Entz is a native of Colorado’s San Houston as a nationally recognized research our community. Luis Valley and has been a tireless champion institution. I have complete confidence that Dr. Susan’s commitment to the needs of the for rural veterans in Colorado. A potato farmer Khator, the UH faculty, staff and students will homeless began in 1976, when she was work- from Hooper, he served our Nation as a achieve this goal and as an institution and ing at a senior meals program and was con- United States Marine during the Korean war. community continue to serve as an example of fronted with the struggles of the homeless and He served as a State representative from excellence to public universities throughout poor of Contra Costa County. Using her own 1983 to 1998, and then was appointed in 2001 our country. financial resources, she began by single- to serve as State senator. In 2006, Senator Madam Speaker, it is my pleasure to recog- handedly providing what help she could. She Entz returned to private life. nize and congratulate Dr. Renu Khator as the held down multiple jobs to support herself dur- During his tenure at the State level, Senator new president and chancellor of my alma ing the day; after hours she traveled the Entz routinely showed his commitment to mater, the University of Houston. streets of Richmond, Concord, and Berkeley Colorado’s rural veterans. He carried the legis- f helping the homeless one client at a time. Her lation which created the Homelake Veterans commitment to her clients of all ages often Nursing Home in Homelake, Colorado. He IN HONOR OF STORK MEDICAL took her to their encampments with city and consistently fought for State capital dollars to county officials and even Members of Con- ensure Homelake’s ongoing service to Colo- HON. SANFORD D. BISHOP, JR. gress in tow. She is well known for the tre- rado’s elderly veterans. OF GEORGIA mendous pressure she put on public officials Today, he serves on the Colorado Board of IN THE HOUSE OF REPRESENTATIVES to make the concerns of the poor and home- Commissioners of State and Veterans Nursing Wednesday, September 10, 2008 less a top priority and increase both funding Homes. He is also an active member of the and services nationwide. She wanted to make Homelake Foundation Board where he con- Mr. BISHOP of Georgia. Madam Speaker, I sure that those in positions of power could put tinues to work tirelessly to preserve and reha- rise today to honor Stork Medical, a company a face to the problem of homelessness. bilitate one of Colorado’s most prized and his- that fulfills a great need in the medical com- In 1999, the City of Walnut Creek hired toric veteran’s care facilities. munity. Susan to initiate the outreach program now Most recently, Senator Entz completed a 6- Hope is a powerful emotion. It can turn de- known as Fresh Start. Under Susan’s direction year process of acquiring and installing an spair into jubilation; futility into purpose, fear

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.009 E10SEPT1 rfrederick on PROD1PC67 with REMARKS September 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1751 into comfort; and isolation into community. Be- working to improve his community. Mr. neapolis/St. Paul, Minnesota serving from cause Stork Medical and Community Blood Fogelson is an active member of numerous 1993 until 1998. Dr. Cole has also served as Services are helping to provide hope to our charitable and philanthropic organizations, and a visiting senior fellow at the City University of military, it is my privilege to honor these patri- was a cofounder of the renowned Chicago New York and an associate university dean otic companies with this resolution. Their for- School of Real Estate at Roosevelt University. Antioch College. Governor McGreevey ap- ward thinking and generous program makes Madam Speaker, Gerald Fogelson has been pointed Dr. Susan Cole his co-chair of higher umbilical cord blood storage affordable to all a leader in real estate and a great Chicagoan. education transition team and she also held who have ever served in our military, and are I am proud to recognize Mr. Fogelson for his this post within his cabinet. Never failing to an- thus transforming this abstract word into a tan- accomplishments and wish him a very happy swer the call of service, Dr. Cole has also gible commodity. 75th birthday with many more to come. served within the cabinets of Governor With the help of Stork Medical and Commu- f DiFrancesco and Governor Whitman. Today, nity Blood Services, the depressed soldier as the eighth president in the history of lying in bed, recovering from war injuries, will HONORING ADA BUDRICK CHILD Montclair State University, Dr. Susan Cole now have the hope that stored cord blood may CARE AND LEARNING CENTER oversees New Jersey’s fastest growing univer- one day repair his or her spinal cord injury, sity with the utmost commitment to its contin- brain trauma, or even restore an amputated HON. RODNEY P. FRELINGHUYSEN ued expansion. limb. Hope enables a smile to appear, a laugh OF NEW JERSEY When Dr. Cole finds time in between her to become audible, and allows healing to truly IN THE HOUSE OF REPRESENTATIVES 17,000 students at Montclair State University, begin. To be sure, hope is potent medicine. Wednesday, September 10, 2008 she continues to devote her time to serving Families of our soldiers bravely live in a per- New Jersey residents. Realizing that edu- petual state of anxiety, constantly praying for Mr. FRELINGHUYSEN. Madam Speaker, I cation doesn’t end outside of the classroom, the safe return of their beloved. These fami- rise today to honor Ada Budrick Child Care Dr. Cole serves on the board of directors for lies, who reluctantly send their loved ones into and Learning Center, a pre-school in Boonton, the New Jersey Performing Arts Center, Lib- battle, now have the hope that if a major injury New Jersey, an exceptional organization I am erty Science Center, and the American Coun- occurs, it may one day be reversible through proud to represent! On August 28, 2008 Ada cil on Education. While her already mentioned the use of this ‘‘liquid gold.’’ With stem cells Budrick celebrated 40 years of educating accomplishments speak for themselves, Dr. already being used to build new fingers, blad- young children from low-income families. Cole has also served on the boards of the ders, noses, heart valves, and cartilage, it is Ada Budrick is a non-profit early childhood New Jersey Chamber of Commerce, Moun- more than just a ‘‘wish.’’ education center, accredited by the National tainside Hospital, and the Property Tax Con- Madam Speaker, it is indeed ‘‘hope.’’ With Association for Education of Young Children. vention Task Force. their proven ability to treat many leukemias Ada Budrick provides an opportunity for chil- Not only serving New Jersey, Dr. Cole has and cancers, these cells, which are harvested dren of low-income families to enter school on also served the State of Minnesota. Notably, without any injury to the baby or mother, offer an equal footing with their peers. Its primary Dr. Cole has served on the boards of Twin protection for soldiers exposed to chemical goals are to provide a secure, stimulating and Cities Public Television, the Saint Paul Foun- warfare and other toxic battlefield substances. loving atmosphere for self-discovery, and to dation, Western Bank, and as chair of the Since these cells can be used for any close develop feelings of self-worth and accomplish- Saint Paul Riverfront Corporation. family member, they also offer added protec- ment by stressing cooperation and involve- I would like to personally thank Dr. Susan tion against many of the unspoken fears that ment through interactive learning. Cole for her contributions to the State of New young parents harbor. Ada Budrick Child Care and Learning Cen- Jersey, and to the educational welfare for This gift is a spectacular example of patriot- ter was founded in 1968 in the Town of Boon- thousands of students. Again, I would like to ism in its finest form. This program is offered ton by Ada Budrick, a local welfare leader. congratulate her on her 10th year of excep- by private enterprise without asking for a sin- The program primarily serves low-income and tional service at Montclair State University. gle tax dollar. It demonstrates that everyone single parent families of multi-cultural and f can play a part in defending our freedom and multi-lingual backgrounds in Morris County, liberty. As our military and their families sac- New Jersey. It has grown and changed over INTRODUCTION OF H.R. 6834, TO rifice to defend all that we hold dear, Stork the years to meet the needs of this commu- DESIGNATE THE FACILITY OF Medical and Community Blood Services have nity. THE UNITED STATES POSTAL put hope into action. Madam Speaker, I urge you and my col- SERVICE LOCATED AT 4 SOUTH MAIN STREET IN WALLINGFORD, f leagues to join me in congratulating the dedi- cated and talented trustees and staff of Ada CONNECTICUT, AS THE ‘‘CWO IN RECOGNITION OF GERALD W. Budrick Child Care and Learning Center on RICHARD R. LEE POST OFFICE FOGELSON ON HIS 75TH BIRTHDAY the celebration of 40 years of providing critical BUILDING’’ educational services to the Boonton commu- HON. RAHM EMANUEL nity. HON. ROSA L. DeLAURO OF ILLINOIS f OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES CONGRATULATING DR. SUSAN Wednesday, September 10, 2008 COLE Wednesday, September 10, 2008 Mr. EMANUEL. Madam Speaker, I rise Ms. DELAURO. Madam Speaker, I am today to wish Gerald W. Fogelson a very HON. BILL PASCRELL, JR. pleased to join my colleagues from Con- happy 75th birthday today. OF NEW JERSEY necticut to introduce a bill to designate the fa- Mr. Fogelson is the founder and CEO of the IN THE HOUSE OF REPRESENTATIVES cility of the United States Postal Service lo- Fogelson Group and has been involved in real cated at 4 South Main Street in Wallingford, estate since 1955. In 2003, he was inducted Wednesday, September 10, 2008 Connecticut, as the ‘‘CWO Richard R. Lee into the Chicago Association of Realtors Hall Mr. PASCRELL. Madam Speaker, I rise Post Office Building.’’ of Fame for his leadership in the industry and today to congratulate Dr. Susan Cole for her Chief Warrant Officer Richard R. Lee was in the community. 10th year of service as president of Montclair born July 28, 1954, and grew up in Walling- Mr. Fogelson’s long career has been filled State University. Throughout her distinguished ford, Connecticut, attending local elementary with many accomplishments, including being career, as an educator, advisor, and director, schools in the Yalesville section of town. In his an early pioneer of planned unit development Dr. Susan Cole has been a tireless advocate younger years, Rich loved to fish with his in the United States, as well as other mixed- for all New Jersey’s residents. friends and his father, Earl. One of his favorite use developments. Furthermore, Mr. Dr. Cole has a long and accomplished places was the Black Pond in Meriden. Rich Fogelson’s portfolio encompasses large, di- record of service in the field of higher edu- attended Lyman Hall High School until 1971 verse, and high quality ventures in several cation, having served as the vice president for when the growing town built a new high states. university administration and personnel at Rut- school. Sheehan High opened and his fond- Throughout his career, Mr. Fogelson worked gers, the State University of New Jersey from ness for the water led him to join the swim with municipal governments for more than just 1980 to 1991. Later, Dr. Cole became presi- team. Rich won the Regional Championship real estate interests; he was committed to dent of Metropolitan State University in Min- for Diving at Sheehan. He played soccer as

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.013 E10SEPT1 rfrederick on PROD1PC67 with REMARKS E1752 CONGRESSIONAL RECORD — Extensions of Remarks September 10, 2008 well and helped Sheehan High to many vic- cigarettes on Indian reservations or in lower first position, Yvonne would quickly rise within tories before graduating with the class of tobacco tax States, transport them to New the agency and take on wide ranging manage- 1972. York City, affix counterfeit tax stamps, and sell rial positions that include Chief of the Manage- Rich also had a love for fast cars and flying, them for full retail price. A well-organized net- ment Branch in HUD’s Atlanta Property Dis- which sent him in the direction of the military. work could generate up to $50,000 on an av- position Center, Community Builder in HUD’s In 1973, he enlisted in the Army, and he even- erage load of 1,500 cartons of contraband Nashville office and Field Office Director of tually achieved the rank ‘‘Chief Warrant Offi- cigarettes. HUD’s Memphis Office. cer’’. Rich learned to fly a helicopter in the The report further found that New York A dedicated public servant, Yvonne has Army, became ‘‘Civilian Rated’’-Instrument State’s policy of forbearance, despite a U.S. touched countless lives as she has helped Rated and planned to continue flying when he Supreme Court ruling that upheld States’ many proud Americans experience the joys of retired. rights to tax all cigarettes sold on Indian res- becoming a homeowner for the first time. With Sadly, Rich’s dream was not to be realized. ervations to nonmembers of the tribe, has re- a reputation for being an innovative leader in He was deployed to the Middle East to fight in sulted in an environment where cigarette the community, Yvonne coordinated a national Operation Desert Storm and paid the ultimate smuggling rings operate with virtual impunity. award-winning project that successfully relo- sacrifice for our country on February 7, 1991. The PACT Act aims to attack part of the cated 186 very low-income families from Lane His high school classmates, Robert J. problem in States such as New York. It Garden Apartments in Nashville with the help Devaney and Debra Frost Markiewicz, first ap- strengthens current Federal contraband ciga- of business and community partners. Through- proached me about naming the Wallingford rette laws through increased transparency in out her time with HUD, Yvonne has consist- Post Office in Mr. Lee’s honor. This tribute to recordkeeping, enhanced existing penalties, ently provided wisdom, encouragement, and our fallen hero is supported by many public and increased compliance standards for Inter- counsel to many families that have found servants in Wallingford including Mayor Wil- net sellers. In addition, it provides law enforce- themselves experiencing difficult times. liam Dickinson, Senator Len Fasano, Council- ment more resources to help close critical Madam, Speaker, I urge all of my col- man Robert Parisi, Postmaster Michael gaps in enforcement that will make it more dif- leagues to join me today in thanking Yvonne Schrader, and Leigh Piscitelli of the Postal ficult for criminal and terrorist organizations to Leander for her 38 years of Government serv- Service. The post office lies in Wallingford’s exploit disparities in tobacco tax rates among ice and wishing her the best in her well-de- parade ground directly across from the town States. served retirement. hall and veterans’ monuments. To date, there Another way to restrict terrorist organiza- f is no monument in Wallingford to remember tions from obtaining revenue by exploiting low- Richard Lee’s sacrifice. His parents, Earl and cost cigarettes is for States like New York to BARRING ACCESS OF LONG-HAUL Helen Lee, who currently reside in North Caro- abandon their policies of forbearance and take MEXICAN TRUCKERS lina, would like nothing more than to see this action to fully enforce their tax laws. By refus- SPEECH OF tribute to their son. I hope you will join me and ing to collect taxes on cigarettes sold to non- my colleagues from the State of Connecticut residents of Indian reservations, the State of HON. CANDICE S. MILLER in enacting this tribute to Chief Warrant Officer New York is fueling a boom in illicit cigarette OF MICHIGAN Richard R. Lee. smuggling and inflating the profit margins of IN THE HOUSE OF REPRESENTATIVES f criminal and terrorist smuggling networks. En- Tuesday, September 9, 2008 forcing the tax laws will generate up to $800 PREVENT ALL CIGARETTE million in lost tax revenue while cutting off a Mrs. MILLER of Michigan. Mr. Speaker, I TRAFFICKING ACT OF 2008 revenue stream to those who wish to do harm rise in strong support of this legislation, which to our Nation. will put a definite end to this Mexican truck SPEECH OF Mr. Speaker, while H.R. 4081 is a good first pilot program. Quite frankly, Mr. Speaker, this HON. PETER T. KING step, I look forward to working with my col- program never should have begun in the first OF NEW YORK leagues to strengthen this bill as it moves place. IN THE HOUSE OF REPRESENTATIVES through the legislative process to help keep Before coming to Congress, I served for 8 years as the Michigan Secretary of State, with Tuesday, September 9, 2008 terrorists from exploiting this revenue source. I urge my colleagues to support passage of a principal responsibility as the chief motor ve- Mr. KING of New York. Mr. Speaker, I rise this bill. hicle administrator, and I was also the Chair- today in support of the Prevent All Cigarette man of the Traffic Safety Commission. I was f Trafficking Act of 2007, referred to as the responsible for all the licensing in the State, ‘‘PACT Act,’’ introduced by my colleague from PERSONAL EXPLANATION including of commercial drivers and hazardous New York, Mr. WEINER. material endorsements. Given my background As we approach the seventh anniversary of HON. LAMAR SMITH I had immediate concerns about how the De- the terrorist attacks of September 11, 2001, OF TEXAS partment of Transportation’s pilot program the threat from radical Islamic terrorist groups might compromise the safety of our roads. IN THE HOUSE OF REPRESENTATIVES remains very real. Supporters of Hamas, In Mexico, licensing requirements are very Hezbollah, and al Qaeda are constantly adapt- Wednesday, September 10, 2008 poor and fraud in their system runs rampant. ing and seeking new means to further and fi- Mr. SMITH of Texas. Madam Speaker, I In fact, the Transportation and Infrastructure nance their cause. would like the record to show that on rollcall Committee heard in testimony from the De- As law enforcement officials make it more vote 575, H.R. 6630, I inadvertently voted partment of Transportation’s Inspector General difficult to raise and move money through ‘‘tra- ‘‘yea’’ when I intended to vote ‘‘nay.’’ that 1 in 5 Mexican driving records contained ditional’’ terror financing avenues, criminal en- f an error of some kind. If we had a 20 percent terprise is increasingly the life-blood of terrorist error rate in the United States, we would con- groups. Smuggling illicit cigarettes is a perfect HONORING YVONNE LEANDER sider it a crisis. example. This illicit activity is more than just a There are also concerns, about the insur- matter of health concern and hundreds of mil- HON. MARSHA BLACKBURN ance provisions of this program. American lions of dollars in lost tax revenue—it is a mat- OF TENNESSEE trucks must carry expensive insurance policies ter of national security. IN THE HOUSE OF REPRESENTATIVES in the event they are in an accident. What An April 2008 Committee on Homeland Se- happens if a Mexican truck has an accident curity Republican staff report based on numer- Wednesday, September 10, 2008 somewhere in the U.S.? Good luck to the vic- ous interviews with Federal, State, and local Mrs. BLACKBURN. Madam Speaker, It is a tims of that accident who will try to collect on law enforcement officials, estimated that mil- privilege for me to rise today and honor Mrs. damages from a company down in Mexico. lions of dollars in profits generated by tight- Yvonne Leander as she retires from the De- Mexican drivers are allowed to work far knit, Arab-based illicit cigarette smuggling op- partment of Housing and Urban Development. longer hours than American workers, resulting erations are being remitted to the Middle East, As a young graduate from the University of in widespread drug use in the profession. where these funds directly or indirectly finance Georgia with a degree in economics in hand, Presently, there is no system under which se- groups such as Hezbollah, Hamas, and al Yvonne Leander began her career in public cure testing could take place so to ensure that Qaeda. The report outlined how these criminal service after accepting a position as an econo- the drivers coming into our country are drug and terrorist organizations purchase tax free mist in HUD’s Atlanta office. After taking that free.

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.017 E10SEPT1 rfrederick on PROD1PC67 with REMARKS September 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1753 In response to these concerns, the Con- Our intent is that no harm should be done enough. Close to 600 Backcountry graduates gress passed language in the Iraq War sup- to the peer review system—a system that has have been hired by various Federal and State plemental requiring the Department of Trans- been in place for over a hundred years and is land management agencies to use the skills portation to only conduct a pilot program the gatekeeper winnowing out great science they’ve acquired in the program to continue ef- under certain conditions. Subsequently, the from careless science or even fraudulent ‘‘re- forts to repair wilderness trails. The CCC’s House, by a vote of 411–3, the Safe American search’’ results. We intend to ensure that the Backcountry Trails Program has become the Roads Act, which placed additional restrictions intellectual property protections currently in premier trails apprenticeship program in the on these Mexican trucks coming into the coun- place, which provide important incentives for Nation. The graduates have been hired by try. the private sector to make significant I invest- every major national park in America. Unfortunately, the Department of Transpor- ments in research, are carefully considered In addition to clearing trails, the crews have tation has not taken the hint and continues to before any policy change is enforced or pro- built 121,440 square feet of walls and over promote this program without addressing the liferates in this area. 21.5 miles of raised causeway. They have in- public’s safety concerns about this program. This legislative effort is supported by sci- stalled nearly 10,000 water bars, 25,883 rock Hopefully, this legislation will make it clear entific societies, large and small publishers, steps, and built over 4.3 miles of stone rip rap, carefully selecting and placing each rock into that Congress does not want this program to and for profit and non-profit entities. It is an an exact fit in order to sustain the weight of continue and that it should be terminated. inportant and necessary step in the fight to maintain our competitive edge in a global mar- mules and the ravages of time. f ketplace. Copyright protections provide the in- In recognition of the CCC Backcountry Pro- gram’s significance, the California State Com- INTRODUCTION OF THE FAIR centive to ensure that publishers invest in the mission has deemed this program an integral COPYRIGHT IN RESEARCH peer review process, thus ensuring that part of California’s Ameri-Corps portfolio since WORKS ACT OF 2008 science is adequately vetted prior to being dis- 1995. tributed to the public. Today, I am extremely proud to commend HON. JOHN CONYERS, JR. f the California Conservation Corps’ Back- country Trails Program for their 30-year history OF MICHIGAN IN RECOGNITION OF THE 30TH AN- of improving our wilderness and providing val- IN THE HOUSE OF REPRESENTATIVES NIVERSARY OF THE CALIFORNIA uable training for so many of our young adults. Wednesday, September 10, 2008 CONSERVATION CORPS’ BACK- COUNTRY TRAILS PROGRAM f Mr. CONYERS. Madam Speaker, today I am introducing the Fair Copyright in Research CONGRATULATING MICHAEL M. Works Act of 2008, legislation that would pre- HON. GEORGE MILLER CROW, RECIPIENT OF THE 2008 serve the intellectual property rights of our Na- OF CALIFORNIA JERRY J. WISOTSKY TORCH OF LIBERTY AWARD tion’s researchers and scientists. Specifically, IN THE HOUSE OF REPRESENTATIVES the bill would prevent the Federal Government Wednesday, September 10, 2008 from requiring the transfer of intellectual prop- HON. HARRY E. MITCHELL erty rights from researchers expressly in cases Mr. GEORGE MILLER of California. Madam OF ARIZONA where there are non-federal financial or other Speaker, I rise today to pay special tribute to IN THE HOUSE OF REPRESENTATIVES contributions made toward the advancement the California Conservation Corps’ Back- Wednesday, September 10, 2008 or dissemination of science. Representatives country Trails Program on the occasion of DARRELL ISSA, ROBERT WEXLER and TOM their 30th anniversary. Mr. MITCHELL. Madam Speaker, I rise FEENEY join me in this important effort to pre- The Backcountry Trails Program, created in today to congratulate Michael Crow, recipient serve intellectual property rights while fur- 1979 by the CCC’s current director, David of the 2008 Jerry J. Wisotsky Torch of Liberty thering the national goal of advancing science Muraki, is a special program within the CCC Award from the Anti-Defamation League. As and innovation. and dedicated to preserving our remaining wil- President of Arizona State University, Dr. Crow has actively shown his commitment to This legislation is necessary to respond to a derness areas, making them safer and more the social, cultural, and environmental welfare dramatic policy change which was instituted in accessible. of our community. Dr. Crow recognizes the im- April of this year at the National Institutes of Each spring, the Backcountry Trails Pro- portant role that these factors play in strength- Health, without adequate Congressional con- gram assembles six widely diverse crews of ening and enhancing our quality of life. sideration of the impacts of those changes on men and women, hired from all around Cali- Throughout his time as President, Dr. Crow the intellectual property system, innovation, fornia and across the United States, who has led Arizona State University to set a new the peer review system, or our international leave behind the conveniences and luxuries of ‘‘Gold Standard’’ in education and research modem life and venture into the mountains to obligations. through the objectives of excellence, inclusion, spend five exhausting months doing some of In fact, this change in policy—from voluntary and impact. Under the direction of Dr. Crow, the most challenging and ultimately rewarding to mandatory submission of copyrighted mate- ASU has helped address major concerns in work of their lives. The 17 members who com- rials—could severely impact important negotia- Arizona, including environmental, health, so- prise each of these crews learn through expe- tions with our international trading partners. Al- cial service, and immigration issues. ready we are hearing reports, in conversations rience the skills of trail maintenance, construc- Dr. Crow has served as President of ASU at the World Health Organization and in other tion, and the process of building healthy pro- since July 2002, during which time he has pio- international forums, the new National Insti- ductive communities. It is extremely hard work neered the development of numerous major tutes of Health policy to limit the exercise of and one of our best examples of truly bene- research initiatives and more than a dozen copyright by authors and owners is being ficial public service. new interdisciplinary schools at Arizona State taken as a sign that the United States is shift- Over the past 30 years, the CCC has as- University. Through its more than 1,030 com- ing its position away from being a strong pro- sembled 145 Backcountry Crews, whose com- munity outreach programs, ASU under Mi- ponent of intellectual property rights and en- bined efforts have repaired 8,560 miles of trail chael Crow is considered a leader in philan- forcement. Interest groups are using this ex- during 2 million hours of service. That’s thropic efforts. ample not only to promote a relaxation of enough trail to stretch from Sacramento, Cali- I commend the Anti-Defamation League for copyright protections, but also to advocate for fornia to the recent Beijing Olympics, or from selecting such a worthy recipient of this pres- international diminution in strong patent policy. Sacramento, California to Washington DC, re- tigious award to exemplify its mission of fight- The legislation that we have introduced turning to Sacramento, and then back to ing social injustice. Based on his commitment today would restore intellectual property pro- Washington DC. to improving standards in higher education, tections for scientists, researchers, and pub- After this year’s corps-members complete Dr. Crow is more than deserving of this award lishers until a more thorough analysis of the the program, they will bring the total number from one of the nation’s leading humanitarian access issues and a determination of an ap- of Backcountry Trails Program graduates to organizations. propriate policy can be performed by the Reg- 1,954. Madam Speaker, please join me in recog- ister of Copyrights in consultation with eco- Many corps-members discover that a single nizing Dr. Michael Crow’s continued service to nomic experts. season working trails in the Backcountry is not Arizona State University and our community.

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A10SE8.021 E10SEPT1 rfrederick on PROD1PC67 with REMARKS E1754 CONGRESSIONAL RECORD — Extensions of Remarks September 10, 2008 LANCE CORPORAL JONATHAN R. teering at the age of 18 as a private in the ing the Soviet invasion. Eventually, the Soviets GOODMAN, USMC Tennessee Infantry and rising to the rank of joined the Allied powers, at which point Ted major by war’s end. After the war, Richardson then fought valiantly and earnestly, hopeful to HON. SAM GRAVES studied the law and was admitted to the bar secure a homeland for his Polish people that OF MISSOURI in 1866. He practiced in Murfreesboro for over was not to come until a half century later. His IN THE HOUSE OF REPRESENTATIVES 12 years and served as director of both the life would be transformed forever by political Stones River National Bank and the Safe De- conflicts beyond his control. Wednesday, September 10, 2008 posit, Trust, and Banking Company of Nash- Tadeusz Nitkiewicz was born in Wizna Prov- Mr. GRAVES. Madam Speaker, I proudly ville. Known simply as ‘‘Major’’ to his friends ince, Warszawa, Poland on January 6, 1919, pause to recognize Lance Corporal Jonathan and associates, Richardson also led the Ruth- to parents Franociszek and Anna. He studied R. Goodman, USMC, of Trenton, Missouri. erford County Fair Association, served as hard to become a pharmacist. He loved this Lance Corporal Goodman has recently re- commissioner of the Evergreen Cemetery, occupation. However, the peaceful and free turned from Operation Iraqi Freedom 8.1, de- was an active Freemason, and raised five chil- existence he enjoyed came to abrupt halt ployed to Camp Habbaniyah, Iraq with the 2d dren with his wife, Alabama. when Adolf Hitler’s Nazi Germany invaded Po- Battalion, 24th Marines. As a marine, he has He was elected to the Tennessee State land from the West on September 1, 1939. served his Country honorably and well. Legislature in 1870, where his colleagues Two weeks later, Joseph Stalin’s Soviet Union I, his friends, and family are extremely named him speaker of the House at the age invaded Poland from the East. Ted was taken proud of his service to our Country and wel- of 28. Richardson quickly came to prominence prisoner and sent to a forced labor camp in come him home at a special meet and greet within the Democratic Party, serving as a dele- Russia. He was one of 1.7 million Polish citi- celebration on September 13, 2008 at the gate to the National Convention of 1876 and zens that were forcibly deported by cattle local VFW Hall #919 in Trenton, Missouri. earning a reputation as a captivating orator. wagon. They worked at back-breaking jobs in Madam Speaker, I proudly ask you to join In 1884, Richardson was elected to the quarries, on collective farms, and in tree-felling me in recognizing Lance Corporal Jonathan R. United States Congress. This was only the be- forests. They toiled during cold winters with lit- Goodman, USMC, who is a true inspiration for ginning of a 20-year career in which he led the tle food. Their only shelter was what they built all that know him. It is truly an honor to serve Tennessee Congressional Delegation, served themselves in the forests by cutting down Lance Corporal Goodman in the United States as interim Democratic Whip in 1894, and was trees. They had minimal medical care and little Congress. called upon by his colleagues to compile The food. Constantly, the Soviet guards taunted f Messages and Papers of the Presidents, a the Polish slave laborers that this was their life A PROCLAMATION HONORING vital history of American governance. He also forever and reminded them that Poland PAUL AND LINDA MADER ON RE- oversaw the compilation of The Messages and ceased to exist as a state. Out of the deported CEIVING THE HALL OF FARM Papers of the Confederacy, which documents 1.7 million, less then one third or 500,000 peo- AWARD. the public and private communications of Con- ple were known to survive. federate leaders. Ted recalls successfully escaping these in- James Daniel Richardson was a true son of humane conditions as a prisoner from the HON. ZACHARY T. SPACE Tennessee and an exemplary American lead- labor camps. The first time, the Russian civil- OF OHIO er. I congratulate the Tennessee Historical So- ians he encountered were afraid of retribution IN THE HOUSE OF REPRESENTATIVES ciety for its decision to raise this Historical for taking in a prisoner of war (POW). At his Wednesday, September 10, 2008 Marker to the man known as the ‘‘Tall Cedar second attempt, he and a fellow POW were Mr. SPACE. Madam Speaker: of Rutherford.’’ taken in by a Cossack family, until they could Whereas, Paul and Linda Mader are appre- f no longer provide enough food for the ciated for their dedication and contributions to escapees and their own family. HONORING TADEUSZ NITKIEWICZ After Germany invaded the Soviet Union, the Harrison County Farm Bureau; and OF TOLEDO, OHIO Whereas, the couple has had a positive im- Winston Churchill persuaded Stalin to release pact on agriculture in Harrison County; and the Polish prisoners to organize and fight Whereas, they have served their community HON. MARCY KAPTUR against the Nazis. In March and August of as members and/or officers of the Harrison OF OHIO 1942, 115,000 soldiers and civilians were County Farm Bureau, Grange, Landmark, and IN THE HOUSE OF REPRESENTATIVES evacuated from the Soviet Union to the Middle East, crossing the Caspian Sea. Because they their church, the United Methodist Church of Wednesday, September 10, 2008 the Cross; and were already in poor health because of the in- Ms. KAPTUR. Madam Speaker. Today, I Whereas, Paul and Linda Mader have humane conditions as POWs, many died in stand to recognize an outstanding American, served the organization and the community Persia. The remaining soldiers established the soldier and gentleman Tadeusz (‘‘Ted’’) selflessly and tirelessly; now, therefore, be it Polish Army, 2nd Corps with two infantry divi- Nitkiewicz of Toledo, Ohio. In honoring Ted, Resolved that along with their friends, fam- sions: ‘‘Kresowa’’ and ‘‘Karpacka’’. One was though, please let us honor so many Polish ily, and the residents of the 18th Congres- an armored brigade. The other army artillery soldiers and citizens who cherished the idea sional District, I commend Paul and Linda group was organized in Iraq and Palestine. of freedom and valiantly fought for it during Mader on their contributions to Harrison Coun- Under General W. Anders’ command, these World War II. Polish citizens who eventually ty’s agriculture industry. Congratulations to 47,000 soldiers became the largest Polish settled in America valued democratic prin- Paul and Linda Mader on receiving the Hall of army formation on foreign territory during the ciples, as when they assisted our nation in its Farm Award. Second World War. Warmly received by the Revolution and determinedly sought during British and American armies, they fought for f their years of occupation to cast off the cloak their country under British command. HONORING JAMES DANIEL RICH- of oppression. Ted joined the Polish forces, in the USSR, ARDSON’S LIFETIME OF SERVICE In recognizing Ted Nitkiewicz, we also recall on May 28, 1942. After crossing the Russo- TO TENNESSEE all those young men and women from nations Persian border with his unit, he came under like Poland and Ukraine whose lives were the British command in the Middle East on Au- HON. BART GORDON changed forever as they found themselves gust 15, 1942. caught between the grips of the Nazi and So- The Polish Army was motivated by the OF TENNESSEE viet regimes. Poland became one of the fierc- promise and hope of fighting with the Allies to IN THE HOUSE OF REPRESENTATIVES est battlegrounds of the deadliest and most take back their country. The 2nd Corps was Wednesday, September 10, 2008 gruesome fighting in World War II. In fact, Po- attached to the British Army and for a short Mr. GORDON of Tennessee. Madam land became a pawn in war between two ty- time provided security in Iraq to guard the oil Speaker, I rise today to remember Congress- rannical regimes, joined in a war friendship by fields from attack by the Germans. They even- man James D. Richardson, upon the occasion the Ribbentrop-Molotov Pact. Poland, Ukraine, tually were sent to Italy in 1944 engaged in an of the raising of a Tennessee Historical Mark- Belarus and other eastern European countries Allied Offensive against German forces com- er on the site of Richardson’s family home in would be invaded with their destiny switching manded by Marshall Kesselring. They fought Murfreesboro, Tennessee. from the East, then the West, then the East with the famous British 8th Army and the USA During the Civil War, Richardson served again. Ted, like so many of his Polish com- 5th. Ted took part in the Italian campaign Jan- Tennessee with honor and distinction, volun- patriots, first served in the Polish Army resist- uary 18, 1944 until May 2, 1945. While he was

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K10SE8.005 E10SEPT1 rfrederick on PROD1PC67 with REMARKS September 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1755 in Italy, Ted married his wife Mary, who he work toward an everlasting peace and free- Bureau of Alcohol, Tobacco, Firearms and Ex- met in the labor camps in Russia. She also dom. plosives to inspect the premises and files of served in the Army, in transportation, as a f sellers of significant quantities of cigarettes or truck driver. smokeless tobacco. The mountainous country on the Allied road PREVENT ALL CIGARETTE H.R. 4081 enjoys support from a diverse of advance was extremely difficult, perfect for TRAFFICKING ACT OF 2008 spectrum of entities, including the National As- the German defense. The Polish Army under sociation of Convenience Stores, Altria, the the command of General W. Anders made the SPEECH OF Campaign for Tobacco-Free Kids, the Amer- final assault in front of the strong German for- HON. SHEILA JACKSON-LEE ican Wholesale Marketers Association, and tified line, called the Gustav Line with its key the National Association of Attorneys General, OF TEXAS point—Monte Cassino. In the battle of Monte among others. Cassino, the Allied forces suffered heavy cas- IN THE HOUSE OF REPRESENTATIVES I commend my colleague, Mr. WEINER, for ualties. They continued fighting in Italy along Tuesday, September 9, 2008 his leadership on this important legislation. I the Adriatic Coast liberating many cities until also commend Judiciary Committee Ranking Ms. JACKSON-LEE of Texas. Mr. Speaker, the end of the war in 1945. Ted was awarded Member Lamar Smith for his leadership in I rise today in support of this Act. The Prevent the Bronze Cross of Merit with Swords, Army making this a bipartisan effort. All Cigarette Trafficking Act, or PACT Act, in- Medal, and Cross of Monte Cassino from Po- troduced by Congressman BOB WEINER of f land for his bravery, valor and service. Britain New York, strengthens our law enforcement also recognized his courageous acts by IN HONOR OF WILLIAM STERLING capabilities against illegal smuggling of to- awarding him the 1939–45 Star, Italy Star and JOHNSON bacco products. I urge my colleagues to sup- Defense Medal. Ted served with the Polish port this bill. Resettlement Corps in England until February Every year, tens of billions of cigarettes are HON. ELTON GALLEGLY 16, 1949. illegally smuggled across State lines and OF CALIFORNIA For Ted Nitkiewicz and the other Polish sol- across borders. This fraudulent activity not IN THE HOUSE OF REPRESENTATIVES diers, victory was bittersweet. First, during the only harms the public health, but deprives Wednesday, September 10, 2008 sixteen month campaign in Italy, the 2nd Pol- State and local governments of sorely needed ish Corps lost 809 officers. Another 10,570 of Mr. GALLEGLY. Madam Speaker, I rise in tax revenues. other ranks were killed or wounded in action. honor of Simi Valley Police Department Lieu- In fact, tax evasion is a chief motivator for Second, because the Allies gave control of tenant William Sterling Johnson, who retired in cigarette smuggling—buying the cigarettes in most of Poland to Stalin’s Soviet Union, offi- July after 27 years of dedicated and excep- a State where the cigarette tax is low, and cially confirmed at Yalta, Poland, the country tional service to the department and the city it selling them in a State with a higher tax. Be- they remembered, did not exist. In effect, serves. cause of the tax evasion, the trafficker can sell these Polish survivors became homeless. As a Simi Valley, California, has been my home the cigarettes at a discount and still turn an il- result, they scattered across the world, mostly for more than 40 years. I served as City Coun- licit profit. settling in the USA and Britain. cilman before being the city first elected Early in 1950, Ted Nitkiewicz immigrated to States lose a billion dollars in uncollected Mayor. From my days as a city official to the United States and moved in with an uncle taxes each year as a result of cigarette smug- today, I have periodically accompanied officers in Toledo, Ohio. There was little work avail- gling. The illicit profit also helps finance other on their rounds to keep myself familiarized able at that time, but he eventually landed a criminal activity—a revenue stream for orga- with the challenges they face. It is a profes- job in Textile Leather factory. He made nized crime. sional department, and Sterling Johnson epito- enough money to pay his rent, buy some food Because of the scope and interstate nature mizes that professionalism. and still had a little left over. For all of these of this activity, States cannot adequately ad- As an officer, Sterling Johnson served as a opportunities, he felt grateful. He became a dress it on their own. It has long been recog- field training officer and a member of the U.S. Citizen in the 1950s. nized as a Federal matter. SWAT team, in addition to working three dogs When asked how he was able to survive the But the existing Federal statutes—the Jen- as a K–9 handler. In addition, Sterling is a li- terrible ordeal, Ted responded, ‘‘someone was kins Act, which requires reporting interstate censed paramedic and created the depart- praying for me and God answered their pray- cigarette sales to tax officials in the buyer’s ment’s SWAT paramedic program. er.’’ State, and the Contraband Cigarette Traf- Sterling and his first canine partner, Atlas, Originally, this story was recorded in part for ficking Act, which prohibits knowingly dealing twice won the World Police & Fire Games, Po- the Library of Congress Veteran’s History in contraband cigarettes or smokeless to- lice Service Dog Competition, in 1989 and project. Because Ted was not a U.S. veteran, bacco—are simply not up to the task in the 1991. In recognition of his professionalism and but a veteran of the Allies, his story cannot be Internet Age. dedication, in 1994 his fellow officers selected accepted by the Library of Congress, as yet. The Internet, in particular, makes it possible him Officer of the Year. However, Joseph Walter, the local Toledo ar- for today’s tobacco smugglers to be even As a sergeant, Sterling served as a patrol chivist for the project and the University of To- more mobile and invisible, and to operate with supervisor and SWAT team leader. Upon his ledo, has graciously accepted his story as part near impunity. promotion to lieutenant in 2003, Sterling of our local history. The valiant accomplish- Even when the smugglers can be identified worked as a patrol watch commander and was ment of Ted Nitkiewicz and his compatriots and pursued, they can simply shut down oper- assigned to the Auxiliary Services Unit. should not be lost but should be recorded as ations and quickly reappear under a new In addition to his law enforcement duties, freedom’s legacy. Three million Polish Chris- name and website. Sterling has worked part time for American tians died in the death camps alone should The PACT Act addresses the shortcomings Medical Response, the city’s 911 responder; never be forgotten. The Poles suffered greatly in current law by targeting the delivery sys- taught advanced cardiac support and pediatric at the hands of the Nazi and Soviet oppres- tems for illegal Internet tobacco sales—the advanced life support at the UCLA Medical sors. We commemorate their noble struggle. postal system and commercial delivery serv- Center; and has been the CPR/First Aid in- We honor those who made the final sacrifice, ices. structor for the city and police department for in hopes that those who followed could live in With limited exceptions, sending tobacco more than 12 years. Sterling also served on a peaceful, democratic world. products through the U.S. mail will be crimi- the State of California Commission for Emer- On September 1, 2008, we mark the 69th nally prohibited. And vendors using commer- gency Services from 1997–2006. anniversary of the invasion by Nazi Germany cial delivery services for retail sales will be re- In short, Lieutenant William Sterling John- of an independent Poland that commences the quired to notify the tax authorities in the re- son has left a positive mark on the police de- Second World War. Let us not forget our ceiving State, conspicuously label all tobacco partment he served for nearly three decades. brave Allied soldiers and citizens who made products, verify that the purchasers are of Madam Speaker, I know my colleagues join our Western world safe from the tyranny of legal age, and keep careful records of all me in thanking Sterling Johnson for his dedi- Fascism and Communism to inspire our nation sales. cation and professionalism with the Simi Val- to its highest ideals. May their eternal memory The bill raises cigarette trafficking from a ley Police Department and in wishing him well shine down onto our world and inspire us to misdemeanor to a felony. And it authorizes the in a long and fruitful retirement.

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\K10SE8.009 E10SEPT1 rfrederick on PROD1PC67 with REMARKS E1756 CONGRESSIONAL RECORD — Extensions of Remarks September 10, 2008 COMMEMORATING THE THIRD and its residents have played an important RECOGNIZING THAT WE ARE ANNUAL NATION’S TRIATHLON role in shaping the development of our State FACING A GLOBAL FOOD CRISIS and the history of our Nation. HON. JOHN A. YARMUTH From its earliest days, Charles County SPEECH OF served as a center of commerce for the re- OF KENTUCKY HON. LYNN C. WOOLSEY gion. Port Tobacco, one of the oldest English IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA settlements in North America, was the home IN THE HOUSE OF REPRESENTATIVES Wednesday, September 10, 2008 of Maryland’s second largest port and seat of Mr. YARMUTH. Madam Speaker, I rise the Charles County government prior to its Tuesday, September 9, 2008 today to honor the third annual Nation’s move to La Plata. Ms. WOOLSEY. Mr. Speaker, I rise today in Triathlon, which will take place this Sunday in Charles County was the birthplace of sev- strong support of this resolution recognizing Washington, DC. As with any triathlon, this eral of our Nation’s Founding Fathers. Thomas the need to combat the global food crisis. competition will be a rigorous personal test of Stone, a member of the Continental Congress Rising fuel prices and the effects of endurance, dedication, strength, and skill in and one of Maryland’s four signers of the Dec- globalization exacerbate the problems related biking, running, and swimming. In this case laration of Independence, was born in Charles to the growing cost of food, causing popu- however, the competitors demonstrate a devo- County. His home, Habre de Venture, still lations of developing countries to experience tion to a greater cause than personal accom- stands and is a unit of the National Park Serv- great hardships in purchasing their basic ne- plishment. By partnering with the Leukemia ice. His uncle, Daniel of St. Thomas Jenifer, cessities. This emergency has already af- and Lymphoma Society, they are working to was a Delegate to the Constitutional Conven- fected millions and will increase the poverty defeat blood cancer. tion. John Hanson, a long serving member of levels endured by the most vulnerable groups I am proud to say that three Louisvillians— the Maryland assembly and the first President worldwide. Children are especially susceptible Katie Anderson, Amanda Moore, and Chad of the United States in Congress Assembled to the effects of malnourishment, which weak- Queen—and three more Kentuckians—Ruth under a fully ratified Articles of Confederation, ens their immune systems, causing millions of Adams, Jennifer Watson, and James Pelfrey— was born at Port Tobacco. children to suffer from infectious diseases, im- will be competing in the triathlon this weekend, Residents of Charles County witnessed the paired brain development, and stunted growth. and three more—Shelley Gast, Anthony Miller, landing of British troops in Benedict during the The dire situation of rising food prices has and Scott Clark—are training and coaching War of 1812. During the Civil War, Camp already led to unrest in some parts of the the athletes in this worthy event. Stanton was established in Benedict for the world. The U.N. has created a special task With more than a million and a half individ- purpose of recruiting and training African- force and the World Food Program has called uals annually diagnosed with cancer, and American men for the Union Army. Following for $755 million in increased funding to cover more than half a million Americans dying from the war, John Wilkes Booth, assassin of Presi- the high costs of food and fuel. The United the disease each year, virtually everyone of us dent Lincoln, traveled through Charles County States must take an active role in coordinating has been touched by cancer in some way. stopping at the home of Dr. Samuel Mudd to international action through a world forum de- The good news is, here in the United States, have his broken leg set—on his escape from signed to determine what must be done to al- some of the world’s most brilliant and innova- Washington, DC. leviate this crisis worldwide and protect the tive scientists are hard at work developing Charles County was also the birthplace of children and other vulnerable populations af- new treatments and uncovering the mysteries Josiah Henson who was born a slave, es- fected. caped to Canada and later wrote his autobiog- that will someday lead us to a cure. In fact, re- f searchers at the University of Louisville, in my raphy which is believed to have inspired Har- district, recently developed a vaccine that will riet Beecher Stowe’s ‘‘Uncle Tom’s Cabin.’’ SECURITIES ACT OF 2008 prevent cervical cancer and potentially save Matthew Henson, who accompanied Admiral the lives of thousands of women each year. Robert Peary on several Arctic expeditions, in- SPEECH OF But to achieve their objectives, researchers cluding the discovery of the North Pole, was HON. SHEILA JACKSON-LEE also a native of Charles County. Henson, who need resources and attention. And that’s just OF TEXAS was likely the first man to reach the spot, what the Nation’s Triathlon will do by using the IN THE HOUSE OF REPRESENTATIVES incredible talents of the participating athletes planted the American flag at the North Pole. to raise awareness and funds. Today, Charles County continues to make Tuesday, September 9, 2008 I urge my colleagues to join me in cele- history. It is home to important Federal agen- Ms. JACKSON-LEE of Texas. Mr. Speaker, brating these athletes who, this weekend, will cies, including the Naval Surface Warfare I rise in support of H.R. 6513, the Securities strive to complete a grueling personal chal- Center, Indian Head Division which was estab- Act of 2008 by my colleague from Pennsyl- lenge and also defeat our common foe. To- lished in 1890 and is the international leader vania, Congressman PAUL KANJORSKI and the gether, we will work to create a future that has in energetic research and development. Re- Financial Services for their work in this impor- no room for cancer. cently, scientists and researchers at Indian tant area. f Head developed, in short order, the Ensuring our markets are functioning prop- thermobaric ‘‘cave busting’’ bomb to combat erly at a time when we are approaching a re- RECOGNIZING THE 350TH ANNIVER- terrorists abroad. cession should be a priority for us all. Many of SARY OF THE FOUNDING OF Charles County offers its residents scenic the provisions in H.R. 6513, were rec- CHARLES COUNTY, MARYLAND rural areas, wildlife habitats, and waterfront ommended to the committee by the Securities views with convenient access to the Wash- and Exchange Commission (SEC) and that HON. STENY H. HOYER ington metropolitan area and the Federal Gov- the act has the support of the SEC and State OF MARYLAND ernment which helps it live up to its motto of securities regulators. IN THE HOUSE OF REPRESENTATIVES ‘‘Where Eagles Fly.’’ With a vibrant and robust The unanimous and bipartisan passage of business climate, coupled with its hardworking Wednesday, September 10, 2008 H.R. 6513 in committee acknowledges that we and dedicated residents, Charles County has must act now to protect our Nation’s financial Mr. HOYER. Madam Speaker, this year strong appeal and has become one of the future. marks the 350th anniversary of the founding of most diverse communities in Maryland and BACKGROUND AND BREAKDOWN ON THE BILL Charles County, Maryland, one of the five one of the wealthiest for its size in the Nation. This act would amend numerous provisions counties I have the privilege of representing in I am proud to represent Charles County in within the Securities Act of 1933, the Securi- the United States Congress. I rise today to the U.S. Congress and congratulate its current ties Exchange Act of 1934, the Investment congratulate the county on this milestone and County Commissioners—Commissioner Company Act of 1940, and the Investment Ad- to pay tribute to its citizens—individuals who Wayne Cooper, President; Commissioner visers Act of 1940. The changes potentially af- have made it such an inviting place to live, Edith Patterson, Vice President; Commissioner fect not only securities firms, but also public work, and visit. Rueben Collins, Commissioner Gary Hodge, One of Maryland’s oldest counties, Charles and Commissioner Samuel Graves as they companies and anyone else subject to the County was chartered in 1658 and named in celebrate this great milestone. Congratulations Federal securities laws. honor of Charles Calvert, the 3rd Lord of Balti- Charles County on your 350th anniversary and Penalties in cease and desist proceedings more and a royal proprietor of the Colony of may your citizens have continued prosperity Section 8A of the Securities Act would be Maryland. Since its establishment, the county for years to come. amended by adding a new provision that

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.026 E10SEPT1 rfrederick on PROD1PC67 with REMARKS September 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1757 would provide the SEC with the authority to fice or censure persons who, at the time of the forced without application to the court or a impose civil money penalties in cease and de- alleged misconduct, either are or were officers showing of cause, notwithstanding applicable sist proceedings before an SEC administrative of self-regulatory organizations. provisions of the Federal Rules of Civil Proce- law judge, against anyone alleged to have vio- Scope of exemption from State securities reg- dure. lated the act. istration CONCLUSION It also sets out a method by which a re- We are facing rising food, gas, and energy This section allows the NYSE, AMEX, or spondent subject to the penalty provisions costs. Our housing markets are still reeling Nasdaq to establish tiers on which stocks can may offer evidence on his or her ability to pay and we are at high levels of unemployment. be listed and traded, even if those stocks such fines and the impact of such fines on his We must ensure that the Securities markets would not otherwise qualify as covered securi- or her ability to continue in business. The pro- are secure and able to withstand our current ties exempt from state registration require- posed provision contains tiers for the penalties economic climate. Mr. Speaker, I urge my col- ments. as follows: leagues to support this important legislation. First Tier: Establishes a maximum penalty of Collateral bars f $6,500 for each violative act or omission com- The act would amend provisions of the Ex- HONORING JACK HUNTER O’DELL mitted by any natural period, and a $65,000 change Act and Advisers Act to prevent asso- cap for each violative act or omission com- ciated persons who violate the Federal securi- mitted by any other person, that constitutes a ties laws in one capacity (e.g., as an associ- HON. BARBARA LEE violation of the Securities Act or any regula- ated person of a broker or dealer) from being OF CALIFORNIA tion. associated with other securities businesses in IN THE HOUSE OF REPRESENTATIVES Second Tier: increases the maximum pen- a different capacity (e.g., as an associated Wednesday, September 10, 2008 alties to $65,000 for natural persons and person of an investment adviser). Ms. LEE. Madam Speaker, I rise today to $325,000 for all other persons for each act or Currently, the law does not permit the SEC acknowledge the life and contributions to the omission that involves fraud, deceit, manipula- to bar someone whose misconduct occurred United States of Jack Hunter O’Dell, and to tion, or deliberate or reckless disregard of a while associated with a broker-dealer from as- acknowledge his 85th birthday, August 11, regulatory requirement. sociating with an investment adviser (or vice- 2008. Jack Hunter O’Dell was born August 11, Third Tier: Sets a maximum penalty of versa), although the SEC often seeks such a 1923 in Detroit, MI. Like other Americans who $130,000 for a natural person or $650,000 for collateral bar in settlements. worked hard during the Great Depression, all other persons if the act or omission in- Exempt offerings Jack devoted much time and energy to selling volves fraud, deceit, manipulation, or delib- This amendment would clarify that States newspapers as a youngster and playing a erate or reckless disregard of a regulatory re- strong role in his extended family. At an early can require that notice filings for exempt secu- quirement and such act or omission directly or age Jack developed an intense curiosity to- rities contain all of the information required by indirectly resulted in substantial losses or cre- ward the world and a love of reading. ated a significant risk of substantial losses to Form D including the appendix to Form D. At the onset of World War II Jack joined the other persons. Unlawful margin lending Merchant Marine, one of the most risky and With the many issues that come under the This section of the act would add clarifica- important forces in the U.S. war effort. The Securities Act—amendments to the sections tion to the current problematic reading of the Merchant Marine hauled supplies for U.S. dealing with fraud and reckless disregard of section. troops in unarmed ships, often being attacked other people’s money is a serious but nec- SIPA by Nazi submarines. Jack joined the National essary step in the right direction. This act Maritime Union and advocated for the rights of would authorize the SEC to impose civil pen- This section amends certain provisions of workers on the ships and docks. During this alties in cease and desist proceedings against the Securities Investor Protection Act of 1970 time Jack developed an understanding of the any defendant before administrative law (‘‘SIPA’’) to add securities futures and options struggles of peoples of other nations, an un- judges. on securities futures to the list of covered derstanding that helped form his conscious- The expansion of the SEC’s civil money claims a customer can make against a broker- ness and dedication to creating peace and penalty authority in administrative proceedings dealer that the Securities Investor Protection strengthening democracy. to include all potential defendants, not just se- Corporation (‘‘SIPC’’) will cover. These After the war, Jack organized tenants in the curities industry firms and professionals, will amendments are a positive step toward re- Southern States and later in New York City. likely be the most controversial aspect of the moving regulatory road blocks to effective He worked with Dr. Martin L. King, Jr. as an bill. Since the Federal Rules of Evidence do portfolio margining that can fully realize the organizer in New York and throughout the not apply in administrative proceedings, the benefits of hedging securities positions with fu- South as the Director of Voter Education for SEC may use evidence that would not be ad- tures positions. the Southern Christian Leadership Con- missible in Federal district court. Application of Advisers Act to State-registered ference. He wrote and became an editor for SEC authority over formerly associated per- advisers the dynamic and unifying magazine, Freedom Ways. He taught at Antioch College and has sons This amendment will clarify that certain lectured and taught throughout the United hedge fund and private equity advisers, who H.R. 6513 empowers the SEC to remove States. He is truly the common person’s intel- may be subject to State (but not SEC) reg- from office or censure any person who is, or lectual, holding forth the proposition that intel- istration, may charge performance fees that at time of the alleged misconduct was, a lectual activity, creativity and wisdom stem member of the Municipal Securities Rule- would not be permitted for most SEC reg- from all the people. making Board. istrants. Jack has consulted on two U.S. presidential It would also provide the SEC and other Sharing privileged information with other au- campaigns. He has served Operation PUSH regulatory agencies the authority to institute thorities and the National Rainbow Coalition as the Di- disciplinary proceedings against persons asso- The act would add a new subsection to rector of International Affairs. In that capacity ciated with or seeking to become associated, Section 24 of the Exchange Act. The new sub- he assisted in developing ties of under- or who at the time of the alleged misconduct section would provide that the SEC shall not standing, friendship and solidarity with many were associated or seeking to become associ- be deemed to have waived any privilege by peoples around the world. His international ated with, registered or unregistered govern- sharing information with another agency of the work helped free political prisoners, it helped ment securities brokers and dealers. U.S. Government, any foreign securities au- bring unification to warring factions in various H.R. 6513 would also provide the SEC with thority, any foreign law enforcement authority, nations and helped leaders from all walks of the authority to conduct investigations into al- or any State securities or law enforcement au- life in the United States understand the world leged violations committed by individuals who thority. and America’s role in providing, by example, a were formerly associated with members of na- true commitment to fair play and magnanimity. tional securities exchanges and national secu- Nationwide service of subpoenas Mr. O’Dell has been a bold yet humble serv- rities associations, as well as former partici- Under the act, when the SEC institutes a ant to the interests of the American people. pants of registered clearing agencies. proceeding in U.S. district court in any district, He recognized the necessity for working peo- It would expand the disciplinary authority of subpoenas issued by the court to compel at- ple to have access to reliable and first-rate the regulatory agencies of the self-regulatory tendance of witnesses or production of docu- media. He became Board Chair of one of the organizations by providing the regulatory ments may be served in any other district. most popular, independent radio networks and agencies with the authority to remove from of- Such subpoenas could be served and en- news services. His commitment to peace and

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.029 E10SEPT1 rfrederick on PROD1PC67 with REMARKS E1758 CONGRESSIONAL RECORD — Extensions of Remarks September 10, 2008 a more safe and secure world expressed itself HONORING LOUISE BRADY REMEMBERING 1ST LT. CARWILE in years of service to peace efforts, including serving on the board of SANE FREEZE. HON. DONNA M. CHRISTENSEN HON. TRAVIS W. CHILDERS OF THE VIRGIN ISLANDS Jack has traveled around the globe rep- OF MISSISSIPPI resenting the best in what it means to be an IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES American citizen. He has represented the Wednesday, September 10, 2008 Wednesday, September 10, 2008 United States as a worker, as a representative Mrs. CHRISTENSEN. Madam Speaker and of organizations advocating equality and jus- colleagues, I rise today to honor the legacy of Mr. CHILDERS. Madam Speaker, I stand tice, and as a brother to all in struggle. His ex- an outstanding educator, Mrs. Louise Brady. I now to remember 1st LT. Lieutenant Donald periences, intense study, love of country and am proud to join the entire Virgin Islands com- C. Carwile. First Lieutenant Carwile served as his warmth and humor have provided tens of munity in extending best wishes to Mrs. Brady, a platoon leader in the United States Army thousands with a deeper sense of joy and op- as she retires after 56 years of exemplary and was actively serving in Operation Endur- timism for the future of humanity. Jack under- service to Virgin Islands children and families, ing Freedom in Afghanistan. Throughout stands a better world is possible. His life, his as a teacher and principal at the All Saints Carwile’s service to his country he received writings and his example provide a bright light Cathedral School. In that capacity, she dem- many awards IncludIng: The Bronze Star, the to all of us attempting to bring a better world onstrated the highest degree of integrity and Purple Heart, the Army Commendation Medal, into being. humanity. Mrs. Brady has inspired and instilled two Army Achievement Medals, the Army Thank you, Jack Hunter O’Dell, for your in our young people fairness, honesty, re- Good Conduct Medal, the Global War on Ter- selfless service to our Nation. It is an honor to spect, tenacity, and a firm commitment to rorism Service Medal, and other Service Rib- know you and to have benefited by your tal- achieving one’s aspirations. bons. First Lieutenant Carwile was Airborne ents and dedication. Best of luck to you as Mrs. Brady migrated to St. Thomas in 1952 and Air Assault qualified, and was also award- you continue your noble work helping to in- and started work as a teacher at All Saints ed the Combat Infantryman Badge. spire all Americans to take the high road to- Cathedral School. In 1975, the Cathedral First Lieutenant Carwile fell in battle on Au- ward peace, community, and a stronger de- Church of All Saints, through its rector, The gust 15, 2008 during an ambush that involved mocracy. Very Rev. Thomas W. Gibbs III and vestry enemy combatants, and an improvised explo- member Mrs. Reubina Gomez, invited her to sive device. Carwile was a servant of the peo- f accept the post of principal of the school. ple. When he wasn’t protecting our freedoms As principal, Mrs. Brady worked feverishly to abroad, he was protecting them in Mississippi, SALUTING BORINQUEN PLAZA shape the school into the Virgin Island’s pre- where he served both the Batesville and Ox- SENIOR CENTER AS IT CELE- mier institution of education for students from ford Police Departments. First Lieutenant BRATES 31 YEARS OF SERVICE pre-school through grade 12. Over the years, Carwile is survived by his wife, Jennifer Gail the school has produced persons who have Carwile, and two daughters, Elizabeth Reese gone on to serve the Virgin Islands, the United Carwile and Avery Claire Carwile all of Ft. HON. NYDIA M. VELA´ ZQUEZ States, and other parts of the world in various Campbell, Kentucky. capacities. Mrs. Brady is not just an icon of All OF NEW YORK Please join me today in saluting one of Saints, but of the community of the Virgin Is- America’s heroes for his life of service and IN THE HOUSE OF REPRESENTATIVES lands as a whole. sacrifice. During her years at the Cathedral School, Wednesday, September 10, 2008 she married, and with her husband, raised f four children; all of whom are accomplished in Ms. VELA´ ZQUEZ. Madam Speaker, I would their sphere of work. Her children, Alonzo, JOEY HAGERTY like to take this moment to offer my congratu- Stephen, Beverly, and Deborah, were edu- lations to the Borinquen Plaza Senior Center cated at All Saints Cathedral School. on its 31st anniversary. New York’s 12th Con- Mrs. Brady has also been a faithful Angli- HON. TOM UDALL gressional District is enriched by this institution can/Episcopalian, who has a strong belief in OF NEW MEXICO serving our seniors during their golden years. payer which she also instilled in the students. IN THE HOUSE OF REPRESENTATIVES Located within the Borinquen Plaza Public Every activity at All Saints, to this day, begins Wednesday, September 10, 2008 Houses in Williamsburg, Brooklyn, this senior with prayer. center was founded on July 22, 1977, by Los With her love and eagerness to see all stu- Mr. UDALL of New Mexico. Madam Speak- Pioneros Puertorriquen˜os, an organization fo- dents achieve their full potential, Mrs. Brady er, for Joey Hagerty, one of my constituents cused on social and economic justice. Since ensured that the students participate in both from the City of Rio Rancho, this year has its inception, the center has served as a safe academic and extra curricula activities. The been the best of times, and it has been the haven from everyday struggles for countless numerous trophies, plaques, and commenda- worst of times. senior citizens. Thanks to the leadership of its tions that are prominently displayed on the of- In March, Joey’s dad was in a terrible car sponsor, board members, executive director, fice walls are a testimony to the numerous accident. successful competitions in which the school and staff, senior residents of Borinquen Plaza Like any other son in a similar situation, participated. Activities such as the Christmas Public Houses and the surrounding community Joey found himself traveling back and forth concert, Black history fair, music and art fes- benefit from a facility dedicated to meeting between his work and his family’s home, tival, science and social studies exhibition, their needs. The center works to promote nu- where his father was slowly recuperating. Un- maypole are some of the initiatives that the tritional, emotional, and physical wellness. On like most of America’s sons, however, Joey’s school has introduced to enrich the lives of the a daily basis, more than 230 congregate work was at the U.S. Olympic Training Center. students and make them well-rounded individ- meals are provided, as well as approximately While his father was healing, Joey was train- uals. 200 meals-on-wheels to homebound seniors. ing to be an Olympian. Mrs. Brady has always embraced, encour- Further enhancing residents’ lives, daily rec- aged, and welcomed children of all nationali- Joey kept up his training even as he helped reational activities are planned, special events ties, creeds, and races; therefore, making all comfort his father. In June, Mike Hagerty got and holiday festivities. It is through these pro- Saints a true rainbow of an integrated society. to watch his son qualify for the Beijing Olym- grams and the unwavering commitment of the Mrs. Louise Brady has directly or indirectly pics. Last month, he saw something he never Borinquen Plaza Senior Center that our elderly impacted the lives of just about every family in thought he would see. Mike watched his son neighbors have experienced meaningful bene- the British and U.S. Virgin Islands, mine in- help propel the U.S. Olympic gymnastics team fits. cluded as my brother Adam and sister Re- to a bronze medal. In closing, I ask my colleagues to join me in becca were among those who benefited from Joey showed a commitment—to family and congratulating the Borinquen Plaza Senior her tutelage. to excellence—that should inspire all of us. He Center for its dedication to the seniors of Wil- Madam Speaker, I am proud to pay tribute represents the true spirit of the Olympics. liamsburg, Brooklyn. The residents of our to this phenomenal woman. The Virgin Islands I rise today to honor Joey Hagerty, the first community and I look forward to many years are truly blessed to count her among our most Olympian from Rio Rancho, a talented athlete of continued service. treasured jewels. and a devoted son.

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A10SE8.031 E10SEPT1 rfrederick on PROD1PC67 with REMARKS September 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1759 IN HONOR OF GORDON WEEKS EMPLOYEES’ LETTER ON R&D TAX The signatures you see on this letter rep- CREDIT resent just some of the tens of thousands of real people who have benefited positively from the effects of the credit over the past 26 HON. ELTON GALLEGLY HON. RICHARD E. NEAL years. You can read studies and surveys, but OF CALIFORNIA OF MASSACHUSETTS we are living proof that the vast majority of IN THE HOUSE OF REPRESENTATIVES R&D credit dollars go directly to pay the IN THE HOUSE OF REPRESENTATIVES wages of highly skilled American workers. Wednesday, September 10, 2008 Between high gas prices and falling home Wednesday, September 10, 2008 Mr. NEAL of Massachusetts. Madam Speak- values, it is a difficult time for all Ameri- cans. As you work to boost U.S. economic Mr. GALLEGLY. Madam Speaker, I rise in er, I rise today in support of the Research and Development tax credit, a credit which has activity, please act quickly to reinstate and honor of Simi Valley Police Department Lieu- strengthen a program with a track record of tenant Gordon Weeks, who retires today after been championed here in the House by my more than two decades of success. We thank friend and colleague, Representative SANDER 311⁄2 years of dedicated and exceptional serv- you for your commitment to our country LEVIN. He has authored legislation to extend ice to the department and the city it serves. and to U.S. workers. this important credit and I have joined him in Sincerely, Simi Valley, California, has been my home this effort. Signed by 3,400 workers in the R&D indus- for more than 40 years. When I was first elect- Today, I want to highlight a letter sent to all try. ed to the City Council, Simi Valley’s public Members of Congress signed by 3,400 Amer- f ican workers, representing 43 States and well safety was entrusted to the Simi Valley Com- AMERICAN HISTORY munity Safety Agency. Officers rode in white over 100 U.S. companies, ranging from small cars and wore light blue uniform shirts. It was to large. In this letter, these workers in the re- HON. SUE WILKINS MYRICK an intentionally low-key and, some might say, search industry urge us to extend and OF NORTH CAROLINA casual approach to law enforcement. strengthen the R&D tax credit, which expired on December 31, 2007. IN THE HOUSE OF REPRESENTATIVES Not long after my election to the council, I Already, the House has passed legislation Wednesday, September 10, 2008 became the city’s first elected mayor. A young to extend the R&D tax credit. But our Senate officer approached me with his concerns about colleagues have been unable to do the same. Mrs. MYRICK. Madam Speaker, when the the image and functions of the Community As many of my colleagues already realize, this first rays of daylight broke on the Lexington Safety Agency and his ideas for professional- tax credit is like no other. Without this credit, Green on April 19, 1775, ‘‘the shot heard round the world’’ was fired as British soldiers izing it. Our discussions, some of which oc- much of this innovative research would likely and American patriots clashed and sparked curred as I rode the streets of the city with of- migrate to other countries, many which offer their own incentives. the war for American independence. A month ficer Weeks in his patrol car, led to action. later, on May 20, 1775, delegates of the citi- Soon the Simi Valley Community Safety Agen- Congress needs to enact a seamless and retroactive extension of this credit to ensure zens of Mecklenburg County, North Carolina, cy became the Simi Valley Police Department. adopted their declaration of independence that White patrol cars were transformed into tradi- that these highpaying technology jobs stay in America. ‘‘Resolved, That we the citizens of Mecklen- tional black and whites. Community safety offi- As the 3,400 workers in the R&D industry burg County, do hereby dissolve the political cers became trained and professional police aptly stated in their letter to Congress: bands which have connected us to the Mother officers and dressed the part. Country, and hereby absolve ourselves from We write to you—from companies across Gordon Weeks was a pivotal force in bring- the country both large and small—to address all allegiance to the British Crown, and abjure ing about those changes. He acted on his an issue that we believe will affect the likeli- all political connection, contract, or associa- tion, with that Nation, who have wantonly sense of professionalism and thereby helped hood that high-skilled jobs such as ours are located in our communities and in our coun- trampled on our rights and liberties and to modernize Simi Valley’s police force. try. inhumanly shed the innocent blood of Amer- Gordon’s influence over the maturity of the Simply put, we are dismayed that Congress ican patriots at Lexington.’’ department did not end there. He remained at has allowed the R&D tax credit to expire. We Delegates to the Second Continental Con- know that most of you have lauded the bene- gress declared American independence on the forefront of building a professional police fits of the credit, and we appreciate this sup- department. He was a founding member of the port. We urge you to act now to enact into July 4, 1776, by stating that ‘‘these colonies department’s SWAT team and, after he was law an extension of a strengthened credit be- are, and of Right ought to be Free and Inde- promoted to lieutenant in 1997, Gordon served cause research-dependent jobs are at stake. pendent States’’ and in support of that dec- 4 years as the SWAT commander. I ask that this letter be included in the laration mutually pledged to each other their RECORD immediately following my comments. lives, their fortunes, and their sacred honor. Gordon also trained new recruits as a field General George Washington led an army of training officer and later oversaw that program Madam Speaker, I urge my colleagues to contact their counterparts in the Senate to de- American patriots through the American Revo- and the firearms training program for 31⁄2 mand immediate action on tax extenders. lution. This army lacked everything but cour- years. American workers are waiting and these jobs age, shouldered every burden and adversity, As a Driving Under the Influence Team are simply too good to lose. and persevered for 8 long years to secure blessings of liberty for themselves and their member for less than 2 years, Gordon ar- SEPTEMBER 10, 2008. rested approximately 400 drunken drivers. For Hon. Harry Reid, posterity. The liberty of our Nation was supported by 21⁄2 years he solved property and violent Majority Leader, U.S. Senate, the largesse of France’s King Louis XVI and crimes as a detective. He was a patrol ser- The Capitol, Washington, DC. DEAR MAJORITY LEADER REID: Our country Spain’s King Carlos III and secured by the geant for 8 years. He worked as a background has always been a hospitable place for inven- daring of Europe’s elite military officers, includ- investigator. He served as a patrol watch com- tion. It is a reflection of our values and inge- ing La Fayette, Rochambeau, von Steuben, mander and patrol administrative lieutenant. nuity. Government policies such as the R&D Pulaski, Galvez, and others. tax credit are expressions of our desire to in- The surrender of British forces under the Always, Gordon Weeks served as a profes- novate and create. sional. And the Police Department Lieutenant We write to you—from companies across command of General Lord John Cornwallis at Weeks leaves behind today has his mark on the country both large and small—to address the Battle of Yorktown on October 19, 1781, to it, for the better. Our collaboration and my re- an issue that we believe will affect the likeli- the allied forces under the command of Gen- spect for his dedication and professionalism hood that high-skilled jobs such as ours are eral George Washington and General Comte located in our communities and in our coun- has led to a long and lasting friendship. de Rochambeau set the stage for peace initia- try. tives abroad. As such, Congress appointed Madam Speaker, I know my colleagues join Simply put, we are dismayed that Congress Benjamin Franklin, John Adams, and John Jay has allowed the R&D tax credit to expire. We me in thanking Lieutenant Gordon Weeks for to represent the United States and David Hart- more than three decades of dedication and know that most of you have lauded the bene- fits of the credit, and we appreciate this sup- ley was appointed by Great Britain’s King professionalism to the Simi Valley Police De- port. We urge you to act now to enact into George III to negotiate terms for peace. partment and in wishing him well in a long and law an extension of a strengthened credit be- On September 3, 1783, the peace commis- fruitful retirement. Godspeed, Gordy. cause research-dependent jobs are at stake. sioners of the United States and Great Britain

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.036 E10SEPT1 rfrederick on PROD1PC67 with REMARKS E1760 CONGRESSIONAL RECORD — Extensions of Remarks September 10, 2008 signed a Treaty of Peace in Paris which rec- FY2009 Bridge Fund on June 30, 2008, a total eran’s with their health care and their mental ognized American independence and bound- of about $859 billion has been approved for health issues. At this historic African-American aries and declared the intention of both parties military operations, base security, reconstruc- hospital they work with our veteran’s and as- to ‘‘forget all past misunderstandings and dif- tion, foreign aid, embassy costs, and veterans’ sist with care for Post-traumatic stress dis- ferences’’ and ‘‘secure to both perpetual health care for the three operations initiated order (PTSD). peace and harmony.’’ Great Britain also since the 9/11 attacks. Our Veteran’s in our urban and rural areas signed treaties of peace in Paris on Sep- This $859 billion total covers all war-related deserve the best care we can give. We should tember 3, 1783, with France and Spain and appropriations from FY2001 through part of not hesitate to care for the men and women provisionally with the Netherlands to bring a FY2009 in supplementals, regular appropria- who fought so courageously for us. cessation of hostilities between the nations. tions, and continuing resolutions. CONCLUSION Therefore, I call upon Congress and the Of that total, CRS estimates that Iraq will re- We are facing rising food, gas, and energy American public to recognize the 225th Anni- ceive about $653 billion (76 percent), OEF costs. Our housing markets are still reeling versary of the Treaty of Paris that took place about $172 billion (20 percent), and enhanced and we are at high levels of unemployment. on September 3, 2008. We should remember base security about $28 billion (3 percent), We must ensure that the Securities markets and honor the men that served in the revolu- with about $5 billion that CRS cannot allocate are secure and able to withstand our current tion; American, French, and Spanish. And we (1 percent) or readily determine where it was economic climate. Mr. Speaker, I urge my col- should recognize the enduring friendship be- allocated. leagues to support this important legislation. As of April 2008, DOD’s monthly obligations tween the United States and its first allies— f France and Spain. for contracts and pay averaged about $12.1 We should also recognize that it is the billion, including $9.8 billion for Iraq, and $2.3 COMMEMORATING HONOR FLIGHT 225th anniversary of relations between the billion for Afghanistan. BLUEGRASS CHAPTER United States and Great Britain. While we The recently enacted FY2008 Supplemental fought many battles against each other in (H.R. 2642/P.L. 110–252) includes a total of HON. JOHN A. YARMUTH America’s early years, we have fought side by about $160 billion for war costs for the Depart- OF KENTUCKY side in far greater battles since those times. ment of Defense (DOD), State/USAID and IN THE HOUSE OF REPRESENTATIVES The Treaty of Paris 225th anniversary should Veterans Administration medical programs for Wednesday, September 10, 2008 therefore reaffirm the value of the deep friend- the rest of FY2008 and part of FY2009. ship that has developed between America and In February 2008, the Congressional Budget Mr. YARMUTH. Madam Speaker, I rise Great Britain since that time. Office projected that additional war costs from today in recognition of Honor Flight Bluegrass History teaches us to hope. So let us recog- FY2009 through FY2018 could range from Chapter. Today, Honor Flight is making its lat- nize this date and hope that in the next 225 $440 billion, if troop levels fell to 30,000 by est trip to Washington to bring Kentucky’s years America is stronger and more pros- 2010, $1.0 trillion, if troop levels fell to 75,000 World War II veterans to visit the memorials perous than it is now, and that its friendships by about 2013. Under these scenarios, CBO that honor their courage and heroism and with Spain, France, and Great Britain are as projects that funding for Iraq, Afghanistan and those that celebrate the heroic military per- strong as they are today. the GWOT could reach from about $1.1 trillion sonnel who served before them and those f to about $1.7 tri1lon for FY2001–FY2018. who followed in their footsteps. As of August 2008 in the Marine Corps Today, the United States of America has, RURAL VETERANS ACCESS TO alone we have lost over 1,060 young men and without question, the most powerful military in CARE ACT women give the ultimate sacrifice for our the world. But in 1941, when an unprovoked country, (OIF 1,001 and OEF 59). This does attack on Pearl Harbor awakened a sleeping SPEECH OF not even include our men and women in the giant, America’s military might was anything HON. SHEILA JACKSON-LEE Army, Air Force, Coast Guard, and National but certain. Though we did not have the larges OF TEXAS Guard. or richest in the world, the United States’ mili- With all that we are spending to send our IN THE HOUSE OF REPRESENTATIVES tary was made up of warriors with unflagging armed forces overseas, we need to be keep- courage and limitless dedication that followed Tuesday, September 9, 2008 ing in mind what they will need when they re- in a tradition dating back to the Revolutionary Ms. JACKSON-LEE of Texas. Mr. Speaker, turn. War and continues to this day. I stand in support of our veterans and in sup- HEALTHCARE They are called the greatest generation and port of H.R. 1527, the Rural Veterans Access It is our duty to take care of those who have with good reason. By war’s end, it was not to Care Act by my colleague from Kansas, risked life and limb to secure our freedom and only our military that went unquestioned. Fol- Representative JERRY MORAN and the Mem- the freedom of others around the world. The lowing their efforts, the United States of Amer- bers of the Veterans’ Affairs Committee. World Health Organization ranked the U.S. ica emerged from battle as a beacon of free- Ladies and gentlemen, as we come upon health care system 37th in the world for qual- dom and liberty. the anniversary II of that fateful day in Sep- ity and 55th for fairness. We are the only in- Today, 63 years after their victory over Na- tember this Thursday, it is important to re- dustrialized country that does not have uni- zism, fascism, and imperialism, some of those member our men and women currently serving versal health care. heroes join us in the Nation’s Capitol for the and our veterans who have returned home. That is why I have supported Congressman first time. As ever, we remain a Nation grateful WAR COSTS JOHN CONYER’s Universal Healthcare legisla- for their sacrifice and indebted for their suc- Since the terrorist attacks of September 11, tion (H.R. 676). We need all Americans—par- cess. 2001, the United States has initiated three ents, children, veterans—to receive Today’s trip brings to Washington the fol- military operations: healthcare. H.R. 1527 ensures this kind of ac- lowing 38 Kentucky World War II veterans: Operation Enduring Freedom (OEF) cov- cess to care for our Rural Veteran’s and I can Harold Ausmus, Ruben Avila, Fredrick Balke, ering Afghanistan and other Global War on only hope that we continue to look at this type John Beye, Hubert Wessel, Cynthia Phelps, Terror (GWOT) operations ranging from the of legislation for everyone in this great Nation. Arthur Decker, Barbara Abbott, John Philippines to Djibouti that began immediately TEXAS VETERANS Bruggensmith, Leslie Cohen, Clarence after the 9/11 attacks and continues; In Texas, we have the Texas Veterans Crawford, James ‘‘Art’’ Cutliff, Wayne Tabor, Operation Noble Eagle (ONE) providing en- Commission (TVC) that was created in 1927. Herman Sasse, Charles Dever, John Cook, hanced security for U.S. military bases and We have 9 medical centers and two regional Robert Kottcamp, Neal Puckett, Bernard other homeland security that was launched in centers with one in my great city of Houston, Ohare, John Okeefe, Blond Puckett, Leslie response to the attacks and continues at a TX and one in Waco, TX. The Waco Regional ‘‘Dan’’ Stickler, Charles Tribble, Ernest Spen- modest level; and Office serves over 942,000 veterans, as well cer, Harold Phillips, Joseph Riney, Kathryn Operation Iraqi Freedom (OIF) that began in as their family members, in the 164-county Mattingly, Edward Peterson, Bill Brundage, the fall of 2002 with the buildup of troops for area that comprises the northern two-thirds of Therese Comstock, Henry ‘‘Don’’ Donaldson, the March 2003 invasion of Iraq and continues Texas. Each year, they process more than Matthew Flanagan, Robert Carrico, Robert with counter-insurgency and stability oper- $1.9 billion in VA benefit payments are issued Hall, Edward Jackey, Clyde Logsdon, Leonard ations. to Texas veterans. O’Dell, and Edward Oechsli. According to CRS estimates, with enact- This is why I fought to get $1 million to Riv- I urge my colleagues to join me in wel- ment of the FY2008 Supplemental and erside Hospital in Houston to help our vet- coming them to Washington, recognizing their

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.038 E10SEPT1 rfrederick on PROD1PC67 with REMARKS September 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1761 contribution to America’s success, and thank- Whereas, the dedicated members of the Whereas, they prepare to commemorate the ing Honor Flight for their commitment to our Ohio State Highway Patrol have served the milestone of 75 years with a celebration rec- World War II heroes. residents of the state of Ohio with distinction ognizing the Patrol’s past accomplishments and honor for 75 years; and and years of dedicated service; now, there- f Whereas, the members of the Ohio State fore, be it Highway Patrol serve their communities and A PROCLAMATION HONORING THE Resolved that along with friends, family, and the state of Ohio with honor and dignity, often 75TH ANNIVERSARY OF THE the residents of the 18th Congressional Dis- putting themselves in harm’s way to protect, OHIO STATE HIGHWAY PATROL trict, I commend the Ohio State Highway Pa- defend, and serve the residents of this state trol for 75 years of unwavering commitment, and for this they should be commended; and HON. ZACHARY T. SPACE Whereas, when the Patrol was first insti- and great dedication to the residents of the state of Ohio. With great appreciation and re- OF OHIO tuted in 1933 there were 60 trained officers spect, we recognize the tremendous impact IN THE HOUSE OF REPRESENTATIVES with six cars and 54 motorcycles. Today, the patrol has 1,500 sworn officers trained at the the past and present officers have had in the Wednesday, September 10, 2008 Patrol’s Academy in Columbus and more than community and the state. Mr. SPACE. Madam Speaker: 1,000 professional and non-sworn staff; and

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A10SE8.041 E10SEPT1 rfrederick on PROD1PC67 with REMARKS E1762 CONGRESSIONAL RECORD — Extensions of Remarks September 10, 2008 SENATE COMMITTEE MEETINGS Finance state efforts to conserve, manage, and Title IV of Senate Resolution 4, To hold hearings to examine aligning in- restore marine resources. centives, focusing on the case for deliv- agreed to by the Senate on February 4, SR–253 ery system reform. Foreign Relations 1977, calls for establishment of a sys- SD–215 To hold hearings to examine Russia’s ag- tem for a computerized schedule of all 10:15 a.m. gression against Georgia, focusing on meetings and hearings of Senate com- Judiciary the consequences and responses. mittees, subcommittees, joint commit- Constitution Subcommittee SD–419 tees, and committees of conference. To hold hearings to examine restoring Health, Education, Labor, and Pensions This title requires all such committees the rule of law. To hold hearings to examine 401 (k) plan to notify the Office of the Senate Daily SH–216 fee disclosure, focusing on helping Digest—designated by the Rules Com- 2:30 p.m. workers save for retirement. mittee—of the time, place, and purpose Energy and Natural Resources SD–430 of the meetings, when scheduled, and Energy Subcommittee 10:30 a.m. any cancellations or changes in the To hold hearings to examine recent anal- Aging meetings as they occur. yses of the role of speculative invest- To hold hearings to examine direct-to- As an additional procedure along ment in energy markets. consumer medical device advertising, SD–366 with the computerization of this infor- focusing on marketing and medicine. Judiciary SD–562 mation, the Office of the Senate Daily Terrorism, Technology and Homeland Se- Digest will prepare this information for curity Subcommittee SEPTEMBER 18 printing in the Extensions of Remarks To hold hearings to examine the Visa section of the CONGRESSIONAL RECORD Waiver Program, focusing on miti- 2:30 p.m. on Monday and Wednesday of each gating the program risks to ensure the Commerce, Science, and Transportation week. safety of all Americans. Surface Transportation and Merchant Ma- Meetings scheduled for Thursday, SH–216 rine Infrastructure, Safety and Secu- September 11, 2008 may be found in the Commission on Security and Cooperation rity Subcommittee Daily Digest of today’s RECORD. in Europe To hold an oversight hearing to examine To hold hearings to examine the state of bus safety. MEETINGS SCHEDULED democracy and human rights in SR–253 SEPTEMBER 16 Belarus and how the Belarusian au- thorities are complying with their SEPTEMBER 24 10 a.m. OSCE election commitments in ad- 9:30 a.m. Banking, Housing, and Urban Affairs vance of the September 28 parliamen- To hold hearings to examine recent regu- Veterans’ Affairs tary elections. To hold oversight hearings to examine latory actions regarding Fannie Mae B318, Rayburn Building and Freddie Mac. cooperation and collaboration by the SD–538 Departments of Veterans Affairs and SEPTEMBER 17 Commerce, Science, and Transportation Defense on information technology ef- To hold hearings to examine reasons that 9:30 a.m. forts. broadband internet access matters. Judiciary SR–418 SR–253 To hold oversight hearings to examine 10 a.m. the Federal Bureau of Investigation. Energy and Natural Resources Commerce, Science, and Transportation SH–216 To hold hearings to examine the current Interstate Commerce, Trade, and Tourism Veterans’ Affairs state of vehicles powered by the elec- Subcommittee tric grid and the prospects for wider de- To hold hearings to examine the nomina- To hold hearings to examine the imbal- ployment in the near future. tion of Patrick W. Dunne, of New York, ance in United States-Korea auto- SD–366 to be Under Secretary for Benefits of Environment and Public Works the Department of Veterans Affairs. mobile trade. To hold oversight hearings to examine SR–418 SR–253 the children’s health protection efforts 10 a.m. Joint Economic Committee of the Environmental Protection Agen- Commerce, Science, and Transportation To hold hearings to examine the current cy (EPA). To hold hearings to examine protected economic outlook. SD–406 marine areas, focusing on federal and SD–106

VerDate Aug 31 2005 04:47 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\M10SE8.000 E10SEPT1 rfrederick on PROD1PC67 with REMARKS Wednesday, September 10, 2008 Daily Digest Senate vation and deployment of the AN/TPY–2 forward- Chamber Action based X-band radar. Pages S8250–51 Routine Proceedings, pages S8221–S8328 Levin (for Leahy/Byrd) Amendment No. 5323, to Measures Introduced: Nine bills and three resolu- provide for a suspension of certain statutes of limita- tions were introduced, as follows: S. 3460–3468, S. tions when Congress has authorized the use of mili- Res. 653–654, and S. Con. Res. 97. Page S8275 tary force. Pages S8229–31, S8251 By 94 yeas to 2 nays (Vote No. 199), Nelson (FL) Measures Reported: Amendment No. 4979, to repeal the requirement for S. 3052, to provide for the transfer of naval vessels reduction of survivor annuities under the Survivor to certain foreign recipients. (S. Rept. No. 110–451) Benefit Plan by veterans’ dependency and indemnity Page S8275 compensation. Pages S8240–42, S8244–50, S8264–66 Measures Passed: Rejected: Highway Trust Fund: Committee on Finance By 39 yeas to 57 nays (Vote No. 198), Vitter was discharged from further consideration of H.R. Amendment No. 5280, to authorize, with an offset, 6532, to amend the Internal Revenue Code of 1986 an additional $100,000,000 for Procurement, De- to restore the Highway Trust Fund balance, and the fense-wide, and an additional $171,000,000 for Re- bill was then passed, after agreeing to the following search, Development, Test, and Evaluation, Defense- wide, for near-term missile defense programs and ac- amendment proposed thereto: Pages S8256–64 tivities. Pages S8231–40, S8242–44, S8251–56, S8264 Boxer (for Baucus) Amendment No. 5427, to Pending: change the date of restoration. Page S8257 Reid Amendment No. 5290, to change the enact- Honoring Anne Legendre Armstrong: Committee ment date. Page S8228 on the Judiciary was discharged from further consid- Reid Amendment No. 5291 (to Amendment No. eration of S. Res. 645, honoring the life of Anne 5290), of a perfecting nature. Page S8228 Legendre Armstrong, and the resolution was then Motion to recommit the bill to the Committee on agreed to. Page S8326 Armed Services with instructions to report back Honoring Representative Stephanie Tubbs forthwith, with Reid Amendment No. 5292 (to the Jones: Senate agreed to S. Res. 654, honoring the instructions of the motion to recommit), to change life and recognizing the accomplishments of the the enactment date. Page S8228 Honorable Stephanie Tubbs Jones, Member of the Reid Amendment No. 5293 (to the instructions of House of Representatives for the 11th Congressional the motion to recommit to the bill), of a perfecting District of Ohio. Page S8326 nature. Page S8229 Reid Amendment No. 5294 (to Amendment No. Measures Considered: 5293), of a perfecting nature. Page S8229 National Defense Authorization Act: Senate con- A unanimous-consent agreement was reached pro- tinued consideration of S. 3001, to authorize appro- viding for further consideration of the bill at ap- priations for fiscal year 2009 for military activities proximately 11:30 a.m., on Thursday, September 11, of the Department of Defense, for military construc- 2008. Page S8326 tion, and for defense activities of the Department of Moment of Silence—Agreement: A unanimous- Energy, to prescribe military personnel strengths for consent agreement was reached providing that at such fiscal year, taking action on the following 12:30 p.m. on Thursday, September 11, 2008, Sen- amendments proposed thereto: ate observe a moment of silence to honor the victims Adopted: of the September 11 terrorist attacks. Page S8326 Kyl Amendment No. 5414, to make available from Research, Development, Test, and Evaluation, Messages from the House: Page S8274 Defense-wide activities, $89,000,000 from the acti- Measures Referred: Page S8274 D1060

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Executive Communications: Pages S8274–75 amend title 23, United States Code, to improve the Additional Cosponsors: Pages S8275–77 safety of Federal-aid highway bridges, to strengthen bridge inspection standards and processes, to increase Statements on Introduced Bills/Resolutions: investment in the reconstruction of structurally defi- Pages S8277–80 cient bridges on the National Highway System, after Additional Statements: Pages S8270–74 receiving testimony from Thomas J. Madison, Jr., Amendments Submitted: Pages S8280–S8325 Administrator, Federal Highway Administration, Department of Transportation; Katherine Siggerud, Authorities for Committees to Meet: Page S8325 Managing Director, Physical Infrastructure Issues, Privileges of the Floor: Page S8326 Government Accountability Office; Gary M. Ridley, Record Votes: Two record votes were taken today. Oklahoma Department of Transportation, Oklahoma (Total—199) Pages S8264, S8264–65 City, on behalf of the American Association of State Highway and Transportation Officials; Andrew Adjournment: Senate convened at 9:30 a.m. and Herrmann, Hardesty and Hanover, LLP, New York, adjourned at 7:46 p.m., until 10:30 a.m. on Thurs- New York, on behalf of the American Society of day, September 11, 2008. (For Senate’s program, see Civil Engineers; and John Krieger, United States the remarks of the Acting Majority Leader in today’s Public Interest Research Group, Washington, D.C. Record on page S8326.) BOTTLED WATER ENVIRONMENTAL Committee Meetings IMPACTS Committee on Environment and Public Works: Sub- (Committees not listed did not meet) committee on Transportation Safety, Infrastructure BUSINESS MEETING Security, and Water Quality concluded a hearing to examine the quality and environmental impacts of Committee on Appropriations: Subcommittee on Defense bottled water, after receiving testimony from Emily approved for full Committee consideration an origi- Lloyd, New York City Department of Environmental nal bill making appropriations for the Department of Protection, Flushing, New York; Mae Wu, Natural Defense for the fiscal year ending September 30, Resources Defense Council, and Wenonah Hauter, 2009. Food and Water Watch, both of Washington, D.C.; PREPAID CALLING CARD MARKET Stephen C. Edberg, Yale University School of Medi- Committee on Commerce, Science, and Transportation: cine, New Haven, Connecticut; and Joseph K. Doss, Committee concluded a hearing to examine ways to International Bottled Water Association, Alexandria, improve consumer protection in the prepaid calling Virginia. card market, including S. 2998, to require accurate BUSINESS MEETING and reasonable disclosure of the terms and conditions of prepaid telephone calling cards and services, after Committee on Finance: Committee ordered favorably receiving testimony from Representative Engel; Wil- reported the following: liam Kovacic, Chairman, Federal Trade Commission; S. 3038, to amend part E of title IV of the Social Sally Greenberg, National Consumers League, and Security Act to extend the adoption incentives pro- Gus West, Hispanic Institute, both of Washington, gram, to authorize States to establish a relative D.C.; and Patricia L. Acampora, New York State guardianship program, to promote the adoption of Public Service Commission, on behalf of the Na- children with special needs, with an amendment in tional Association of Regulatory Utility Commis- the nature of a substitute; sioners, and Rosemary O’Brien, Military Marketing, S. 1070, to amend the Social Security Act to en- both of New York, New York. hance the social security of the Nation by ensuring adequate public-private infrastructure and to resolve HIGHWAY BRIDGE PROGRAM to prevent, detect, treat, intervene in, and prosecute Committee on Environment and Public Works: Com- elder abuse, neglect, and exploitation, with an mittee concluded a hearing to examine improving amendment in the nature of a substitute; and the Federal Highway Bridge Program, focusing on S. 1577, to amend titles XVIII and XIX of the an assessment of S. 3338, to amend title 23, United Social Security Act to require screening, including States Code, to improve the safety of Federal-aid national criminal history background checks, of di- highway bridges, to strengthen bridge inspection rect patient access employees of skilled nursing fa- standards and processes, to increase investment in cilities, nursing facilities, and other long-term care the reconstruction of structurally deficient bridges on facilities and providers, and to provide for nation- the National Highway System, and H.R. 3999, to wide expansion of the pilot program for national and

VerDate Aug 31 2005 05:14 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D10SE8.REC D10SEPT1 rfrederick on PROD1PC67 with DIGEST D1062 CONGRESSIONAL RECORD — DAILY DIGEST September 10, 2008 State background checks on direct patient access em- Audit Agency, and Gordon S. Heddell, Acting In- ployees of long-term care facilities or providers, with spector General, all of the Department of Defense; an amendment in the nature of a substitute. and Gregory D. Kutz, Managing Director, Forensic ALBANIA AND CROATIA Audits and Special Investigations, and Gayle L. Fischer, Assistant Director, Financial Management Committee on Foreign Relations: Committee concluded and Assurance Team, both of the Government Ac- a hearing to examine the Protocols to the North At- countability Office. lantic Treaty of 1949 on the Accession of the Re- public of Albania and the Republic of Croatia adopt- FEDERAL GOVERNMENT TRANSITION ed at Brussels on July 9, 2008, and signed that day Committee on Homeland Security and Governmental Af- on behalf of the United States and the other Parties fairs: Subcommittee on Oversight of Government to the North Atlantic Treaty (Treaty Doc. 110–20), Management, the Federal Workforce, and the Dis- after receiving testimony from Daniel Fried, Assist- trict of Columbia concluded a hearing to examine ant Secretary of State for European and Eurasian Af- managing the challenges of the Federal government fairs; and Daniel P. Fata, Deputy Assistant Secretary transition, focusing on assessing the readiness and for European and North Atlantic Treaty Organiza- planning for the transition and identifying critical tion (NATO) Policy, Department of Defense. needs for the next Administration to address, after receiving testimony from Gene L. Dodaro, Acting Comptroller General of the United States, Govern- NOMINATIONS ment Accountability Office; Clay Johnson, III, Dep- Committee on Foreign Relations: Committee concluded uty Director for Management, Office of Management a hearing to examine the nominations of Sung Y. and Budget; Robert I. Cusick, Director, United Kim, of California, for the rank of Ambassador dur- States Office of Government Ethics; and Gail T. ing his tenure of service as Special Envoy for the Six Lovelace, Chief Human Capital Officer, General Party Talks, C. Steven McGann, of New York, to be Services Administration. Ambassador to the Republic of the Fiji Islands, and COMBATING VIOLENT CRIME to serve concurrently and without additional com- pensation as Ambassador to the Republic of Nauru, Committee on the Judiciary: Committee concluded a the Kingdom of Tonga, Tuvalu, and the Republic of hearing to examine new strategies for combating vio- Kiribati, and Carol Ann Rodley, of Virginia, to be lent crime, focusing on drawing lessons from recent Ambassador to the Kingdom of Cambodia, after the experience, after receiving testimony from Dean M. nominees testified and answered questions in their Esserman, Providence Police Department, Provi- own behalf. dence, Rhode Island; Alfred Blumstein, Carnegie Mellon University H. John Heinz III School of Pub- DEFENSE CONTRACT AUDIT AGENCY lic Policy and Management, Pittsburgh, Pennsyl- Committee on Homeland Security and Governmental Af- vania; Jeremy Travis, City University of New York fairs: Committee concluded a hearing to examine au- John Jay College of Criminal Justice, New York, dits at the Defense Contract Audit Agency, after re- New York; James A. Summey, English Road Baptist ceiving testimony from Diem Thi Le, Senior Audi- Church, High Point, North Carolina; and George L. tor, Paul Hackler, Supervisory Auditor, and April G. Kelling, Rutgers University Manhattan Institute, Stephenson, Director, all of the Defense Contract Newark, New Jersey. h House of Representatives Chaplain: The prayer was offered by the guest Chamber Action Chaplain, Dr. David O. Dykes, Pastor, Green Acres Public Bills and Resolutions Introduced: 15 pub- Baptist Church, Tyler, Texas. Page H7959 lic bills, H.R. 6854–6868; and 2 resolutions, H. Recess: The House recessed at 10:35 a.m. and re- Res. 1423–1424 were introduced. Pages H8018–19 convened at 12:20 p.m. Pages H7962–63 Additional Cosponsors: Pages H8019–20 Expressing the sense of the House of Represent- Reports Filed: There were no reports filed today. atives regarding the terrorist attacks launched

VerDate Aug 31 2005 05:14 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D10SE8.REC D10SEPT1 rfrederick on PROD1PC67 with DIGEST September 10, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1063 against the United States on September 11, Agreed to table the appeal of the ruling of the 2001: The House agreed by unanimous consent that chair on a point of order sustained against the Sali the Speaker be authorized to entertain motions to motion to recommit the bill to the Committee on suspend the rules relating to H. Res. 1420, express- Natural Resources with instructions to report the ing the sense of the House of Representatives regard- same back to the House forthwith with an amend- ing the terrorist attacks launched against the United ment, by a yea-and-nay vote of 228 yeas to 187 States on September 11, 2001, on the legislative day nays, Roll No. 582. Pages H7982–83 of Thursday, September 11, 2008. Page H7967 Boehner motion to recommit the bill to the Com- Suspensions—Proceedings Resumed: The House mittee on Natural Resources with instructions to re- agreed to suspend the rules and pass the following port the same back to the House promptly with an measures which were debated on Tuesday, September amendment was withdrawn. Pages H7983–84 9th: Pursuant to the rule, the amendment in the na- ture of a substitute recommended by the Committee Rural Veterans Access to Care Act: H.R. 1527, on Natural Resources now printed in the bill pursu- amended, to amend title 38, United States Code, to ant to part II of H. Rept. 110–668 shall be consid- allow highly rural veterans enrolled in the health ered as an original bill for the purpose of amend- system of the Department of Veterans Affairs to re- ment under the five-minute rule. Page H7977 ceive covered health services through providers other Agreed to the Grijalva motion that the Com- than those of the Department, by a 2⁄3 yea-and-nay mittee rise by a recorded vote of 221 ayes to 193 vote of 417 yeas with none voting ‘‘nay’’, Roll No. noes, Roll No. 580. Page H7980 578; Pages H7968–69 Accepted: Agreed to amend the title so as to read: ‘‘To Bishop amendment (No. 2 printed in H. Rept. amend title 38, United States Code, to direct the 110–834) that adds to the proposed study an assess- Secretary of Veterans Affairs to conduct a pilot pro- ment of any impact a wild and scenic designation in gram to permit certain highly rural veterans enrolled the study area is likely to have on energy produc- in the health system of the Department of Veterans tion, transmission or conveyance; Pages H7978–79 Affairs to receive covered health services through Flake amendment (No. 3 printed in H. Rept. providers other than those of the Department.’’. 110–834) that provides that nothing in it may be Page H7969 construed as authorizing appropriations for a new Veterans’ Compensation Cost-of-Living Adjust- designation within the National Wild and Scenic ment Act of 2008: S. 2617, to amend title 38, Rivers System; and Pages H7979–80 United States Code, to codify increases in the rates Grijalva amendment (No. 1 printed in H. Rept. of compensation for veterans with service-connected 110–834) that requires that the proposed study ana- disabilities and the rates of dependency and indem- lyze any potential impacts on the possession or use nity compensation for the survivors of certain dis- of a weapon, trap, or net, including a concealed abled veterans that were effective as of December 1, weapon (by a recorded vote of 418 ayes with none 2007 and to provide for an increase in the rates of voting ‘‘no’’, Roll No. 581). Pages H7977–78, H7981 such compensation effective December 1, 2008, by a Agreed that the Clerk be authorized to make 2⁄3 yea-and-nay vote of 418 yeas with none voting technical and conforming changes to reflect the ac- ‘‘nay’’, Roll No. 579—clearing the measure for the tions of the House. Page H7988 President; and Pages H7969–70 H. Res. 1419, the rule providing for consideration Prevent All Cigarette Trafficking Act of 2008: of the bill, was agreed to by a yea-and-nay vote of H.R. 4081, amended, to prevent tobacco smuggling 223 yeas to 190 nays, Roll No. 577, after agreeing to order the previous question by a yea-and-nay vote and to ensure the collection of all tobacco taxes, by of 224 yeas to 189 nays, Roll No. 576. a 2⁄3 yea-and-nay vote of 379 yeas to 12 nays, Roll Pages H7963–68 No. 584. Pages H7987–88 Recess: The House recessed at 3:53 p.m. and recon- Missisquoi and Trout Rivers Wild and Scenic vened at 5:27 p.m. Page H7980 River Study Act of 2008: The House passed H.R. 3667, to amend the Wild and Scenic Rivers Act to Point of Personal Privilege: Representative Rangel designate a segment of the Missisquoi and Trout rose to a point of personal privilege and was recog- Rivers in the State of Vermont for study for poten- nized. Pages H7984–87 tial addition to the National Wild and Scenic Rivers Amending the Internal Revenue Code of 1986 System, by a recorded vote of 299 ayes to 118 noes, To Restore the Highway Trust Fund Balance: Roll No. 583. Pages H7970–84 The House agreed by unanimous consent that the

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Speaker be authorized to entertain motions to sus- Wealth Funds: New Challenges from a Changing pend the rules relating to H.R. 6532, to amend the Landscape.’’ Testimony was heard from public wit- Internal Revenue Code of 1986 to restore the High- nesses. way Trust Fund balance, on the legislative day of VIRTUAL FENCE OVERSIGHT Thursday, September 11, 2008. Page H7988 Committee on Homeland Security: Held a hearing enti- Senate Messages: Messages received from the Senate tled ‘‘Mismanagement, Missteps and Missed Bench- today appear on pages H7959, H7984. marks: Why the Virtual Fence Has Not Become A Quorum Calls—Votes: Six yea-and-nay votes and Reality.’’ Testimony was heard from the following three recorded votes developed during the pro- officials of the U.S. Customs and Border Protection, ceedings of today and appear on pages H7967–68, Department of Homeland Security; W. Ralph H7968, H7968–69, H7969–70, H7980, H7981, Bashman, Commissioner; and Jayson P. Ahern, Dep- H7983, H7984, H7988. There were no quorum uty Commissioner; and the following officials of the calls. GAO: Richard Stana, Director, Homeland Security Adjournment: The House met at 10 a.m. and ad- and Justice; and Randolph C. Hite, Director, IT Ar- journed at 11:35 p.m. chitecture and Systems Issues. TASK FORCE ON ANTITRUST AND Committee Meetings COMPETITION AFGHANISTAN—IRAQ SECURITY AND Committee on the Judiciary: Approved a resolution es- STABILITY tablishing the Task Force on Antitrust and Competi- Committee on Armed Services: Held a hearing on Secu- tion. rity and Stability in Afghanistan and Iraq: Develop- SAN FRANCISCO BAY RIDGE COMPLEX ments in U.S. Strategy and Operations and the Way ESTABLISHMENT ACT Ahead. Testimony was heard from the following offi- cials of the Department of Defense: Robert M. Committee on Natural Resources: Subcommittee on Gates, Secretary; ADM Michael G. Mullen, USN, Fisheries, Wildlife and Oceans held a hearing and an Chairman, Joint Chiefs of Staff; Ambassador Eric S. oversight hearing on H.R. 6479, San Francisco Bay Edelman, Under Secretary, Policy; and VADM James National Wildlife Refuge Complex Establishment A. Winnefeld, Jr., USN, Director, Strategic Plans Act. Testimony was heard from Representative Stark; and Policy, Joint Chiefs of Staff. Eric Alvarez, Realty Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, Department MILITARY FOREIGN LANGUAGE of the Interior; Peyton Robertson, Director, Chesa- CAPABILITIES peake Bay Office, NOAA, Department of Com- Committee on Armed Services: Subcommittee on Over- merce; COL Dionysios Anninos, District Engineer, sight and Investigations held a hearing on trans- U.S. Army Corps of Engineers, Norfolk District, De- forming the U.S. military’s foreign language, cul- partment of the Army; and public witnesses. tural awareness, and regional expertise capabilities. MISCELLANEOUS MEASURES Testimony was heard from the following officials of the Department of Defense: Gail H. McGinn, Dep- Committee on Oversight and Government Reform: Ordered uty Under Secretary (Plans). Office of the Under Sec- reported the following: H.R. 6842, amended, Na- retary, (Personnel and Readiness); BG Gary Patton, tional Capital Security and Safety Act; H. Con. Res. USA, Senior Language Authority, Office of the 223, Honoring professional surveyors and recog- Chairman, Joint Chiefs of Staff/J–1; BG; R. M. Lake, nizing their contributions to society; H. Con. Res. USMC, Director of Intelligence, U.S. Marine Corps; 351, Honoring the 225th anniversary of the Conti- RADM Daniel P. Holloway, USN, Director, Mili- nental Congress meeting in Nassau Hall, Princeton, tary Personnel Plans and Policy Division (OPNAV New Jersey in 1783; H. Con. Res. 376, Congratu- N13), U.S. Navy; Joseph M. McDade, Jr., Director, lating the 2007–2008 National Basketball Associa- Force Development (HAF/AID), Deputy Chief of tion World Champions, the Boston Celtics, on an Staff, Manpower and Personnel, U.S. Air Force; and outstanding and historic season; H. Con. Res. 386, BG Richard Longo, USA, Director, Training, Office Recognizing and celebrating the 232nd anniversary of the Deputy Chief of Staff, G–3/5/7, U.S. Army. of the signing of the Declaration of Independence; H. Res. 1000, To commemorate the 250th anniver- SOVEREIGN WEALTH FUNDS sary of the naming of Pittsburgh as the culmination Committee on Financial Services: Subcommittee on Do- of the Forbes Campaign across Pennsylvania and the mestic and International Monetary Policy, Trade, significance this event played in the making of and Technology held a hearing entitled ‘‘Sovereign America, in the settlement of the Continent, and in

VerDate Aug 31 2005 05:14 Sep 11, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D10SE8.REC D10SEPT1 rfrederick on PROD1PC67 with DIGEST September 10, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1065 spreading the ideals of freedom and democracy AMERICA’S ENERGY AND CLIMATE throughout the world; H.R. 1356, Celebrating the CHALLENGES 221st anniversary of the signing of the Constitution Select Committee on Energy Independence and Global of the United States of America, and for other pur- Warming: Held a hearing entitled ‘‘Investing in the poses; H. Res. 1418, Congratulating Michael Phelps, Future: R & D Needs To Meet America’s Energy 2008 Beijing Summer Olympic champion swimmer, and Climate Challenges.’’ Testimony was heard from on winning eight gold medals in the 2008 Beijing public witnesses. Olympics and becoming one of the most decorated athletes in Olympic history; H.R. 6199, To des- Joint Meetings ignate the facility of the United States Postal Service located at 245 North Main Street in New City, New GEORGIA York as the ‘‘Kenneth Peter Zebrowski Post Office Commission on Security and Cooperation in Europe: Com- Building;’’ H.R. 6681, To designate the facility of mission concluded a hearing to examine Russia, the United States Postal Service located at 300 Vine Georgia, and the return of power politics, after re- Street in New Lenox, Illinois, as the ‘‘Jacob M. Low- ceiving testimony from Matthew J. Bryza, Deputy ell Post Office Building;’’ and H.R. 6772, to des- Assistant Secretary of State for European and Eur- ignate the facility of the United States Postal Service asian Affairs; David Bakradze, Speaker of the Par- located at 1717 Orange Avenue in Fort Pierce, Flor- liament of Georgia and former Foreign Minister, ida, as the ‘‘CeeCee Ross Lyles Post Office Build- Tbilisi, Republic of Georgia; Paul Saunders, Nixon Center, Washington, D.C.; and Paul A. Goble, Azer- ing.’’ baijan Diplomatic Academy in Baku, Baku, Azer- baijan. MILITARY SEXUAL ASSAULTS COMMITTEE MEETINGS FOR THURSDAY, Committee on Oversight and Government Reform: Sub- SEPTEMBER 11, 2008 committee on National Security and Foreign Affairs held an oversight hearing on Sexual Assault in the (Committee meetings are open unless otherwise indicated) Military—Part 2. Testimony was heard from Kaye Senate Whitley, Director, Sexual Assault Prevention and Committee on Energy and Natural Resources: business Response Office, Department of Defense; and Brenda meeting to consider pending calendar business, 12 noon, S. Farrell, Director, Defense Capabilities and Man- SD–366. agement, GAO. Committee on Environment and Public Works: to hold a briefing to examine the state of science and potential DEVELOPING NEW ENERGY issues associated with Environmental Protection Agency’s TECHNOLOGIES (EPA) Sewage Sludge Program, 10 a.m., SD–406. Committee on Foreign Relations: to hold hearings to exam- Committee on Science and Technology: Subcommittee on ine the nominations of Brian H. Hook, of Iowa, to be an Energy and Environment held a hearing on the Assistant Secretary of State (International Organization Foundation for Developing New Energy Tech- Affairs), Gregori Lebedev, of Virginia, to be Alternate nologies: Basic Energy Research in the DOE Office Representative of the United States of America to the of Science. Testimony was heard from Patricia Sessions of the General Assembly of the United Nations, during his tenure of service as Representative of the Dehmer, Deputy Director, Science, Office of Science, United States of America to the United Nations for U.N. Department of Energy; and public witnesses. Management and Reform, Gregori Lebedev, of Virginia, to be Representative of the United States of America to COAST GUARD PERSONNEL DIVERSITY the United Nations for U.N. Management and Reform, Committee on Transportation and Infrastructure: Sub- with the rank of Ambassador, and Matthew A. Reynolds, of Massachusetts, to be an Assistant Secretary of State committee on Coast Guard and Maritime Transpor- (Legislative Affairs), 9 a.m., SD–419. tation held a hearing on Diversity in the Coast Committee on Homeland Security and Governmental Affairs: Guard, including Recruitment, Promotion, and Re- Permanent Subcommittee on Investigations, to hold hear- tention of Minority Personnel. Testimony was heard ings to examine dividend tax abuse, focusing on ways from the following officials of the U.S. Coast Guard, that offshore entities avoid taxes on United States stock Department of Homeland Security: ADM Jody A. dividends, 9 a.m., SD–106. Breckinridge, USCG, Director, Strategic Transpor- Full Committee, to hold hearings to examine the tation Team and Assistant Commandant for Human nominations of Carol Waller Pope, of the District of Co- lumbia, and Thomas M. Beck, of Virginia, both to be a Resources; and Commander Master Chief Kevin D. Member of the Federal Labor Relations Authority, 2:30 Isherwood, Command Master Chief for Chief of Staff. p.m., SD–342.

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Committee on Indian Affairs: to hold hearings to examine Special Committee on Aging: to hold hearings to examine S. 3128, to direct the Secretary of the Interior to provide 1–800–MEDICARE Information (1–800–633–4227), 10 a loan to the White Mountain Apache Tribe for use in a.m., SR–325. planning, engineering, and designing a certain water sys- tem project, S. 3355, to authorize the Crow Tribe of In- House dians water rights settlement, and S. 3381, to authorize Committee on Agriculture, hearing to review dramatic the Secretary of the Interior, acting through the Commis- movements in agriculture and energy commodity mar- sioner of Reclamation, to develop water infrastructure in kets, 1 p.m., 1300 Longworth. the Rio Grande Basin, and to approve the settlement of Committee on Education and Labor, Subcommittee on the water rights claims of the Pueblos of Nambe, Healthy Families and Communities, hearing on Exam- Pojoaque, San Ildefonso, Tesuque, and Taos, 10:30 a.m., ining the Role of Museums and Libraries in Strength- SD–628. ening Communities, 10 a.m., 2175 Rayburn. Committee on the Judiciary: business meeting to consider Committee on Energy and Commerce, Subcommittee on S. 2746, to amend section 552(b)(3) of title 5, United Commerce Trade, and Consumer Protection, hearing on States Code (commonly referred to as the Freedom of In- the Economic and Security Concerns in Tourism and formation Act) to provide that statutory exemptions to Commerce, including the following bills: H.R. 3232, the disclosure requirements of that Act shall specifically Travel Promotion Act of 2007; and H.R. 1776, Call Cen- cite to the provision of that Act authorizing such exemp- ter Consumer’s Right to Know Act, 11 a.m., 2123 Ray- tions, to ensure an open and deliberative process in Con- burn. gress by providing for related legislative proposals to ex- Subcommittee on Energy and Air Quality, hearing en- plicitly state such required citations, S. 2838, to amend titled ‘‘Protecting the Electric Grid from Cyber-Security chapter 1 of title 9 of United States Code with respect Threats,’’ 11 a.m., 2322 Rayburn. to arbitration, S. 3136, to encourage the entry of felony Committee on the Judiciary, Subcommittee on Commer- warrants into the NCIC database by States and provide cial and Administrative Law, hearing on the continuing additional resources for extradition, S. 1276, to establish investigation into the U.S. Attorneys Controversy and Re- a grant program to facilitate the creation of methamphet- lated Matters, 12 p.m., 2237 Rayburn. amine precursor electronic logbook systems, S. 3197, to Subcommittee on Courts, the Internet, and Intellectual amend title 11, United States Code, to exempt for a lim- Property, hearing on H.R. 6845, Fair Copyright in Re- ited period, from the application of the means-test pre- search Works Act, 1 p.m., 2141 Rayburn. sumption of abuse under chapter 7, qualifying members Subcommittee on Crime, Terrorism, and Homeland Se- of reserve components of the Armed Forces and members curity, hearing on H.R. 4300, Juvenile Justice Account- of the National Guard who, after September 11, 2001, ability and Improvement Act of 2007, 2 p.m., 2237 Ray- burn. are called to active duty or to perform a homeland de- Committee on Natural Resources, Subcommittee on Na- fense activity for not less than 90 days, S. 3325, to en- tional Parks, Forests and Public Lands, hearing on the hance remedies for violations of intellectual property laws, following bills: H.R. 3114, National Womens’s Rights S. 3296, to extend the authority of the United States Su- History Project Act; H.R. 4162, San Bernardino Biomass preme Court Police to protect court officials off the Su- Use Facilitation Act; H.R. 6156, Eastern Sierra and preme Court Grounds and change the title of the Admin- Northern San Gabriel Wild Heritage Act; H.R. 6233, To istrative Assistant to the Chief Justice, S. 2052, to allow reinstate the Interim Management Strategy governing off- for certiorari review of certain cases denied relief or re- road vehicle use in the Cape Hatteras National Seashore, view by the United States Court of Appeals for the North Carolina, pending the issuance of a final rule for Armed Forces, H.R. 5235, to establish the Ronald off-road vehicle use by the National Park Service; H.R. Reagan Centennial Commission, S. 3166, to amend the 6290, Lewis and Clark Mount Hood Wilderness Act of Immigration and Nationality Act to impose criminal pen- 2008; H.R. 6291, Oregon Treasures Act of 2008; H.R. alties on individuals who assist aliens who have engaged 6470, River Basin National Battlefield Act; H.R. 6553, in genocide, torture, or extrajudicial killings to enter the To clarify the authority of the Secretary of Agriculture re- United States, and the nominations of Jeffrey Leigh Sedg- garding additional recreational uses of National Forest wick, of Massachusetts, to be an Assistant Attorney Gen- System lands subject to ski area permits; and H.R. 6628, eral, J. Patrick Rowan, of Maryland, to be an Assistant Connell Lake Watershed Protection and Recreation Act, Attorney General, and William B. Carr, Jr., of Pennsyl- 10 a.m., 1334 Longworth. vania, to be a Member of the United States Sentencing Committee on Oversight and Government Reform, Sub- Commission, 2 p.m., SD–562. committee on Federal Workforce, Postal Service and the Committee on Small Business and Entrepreneurship: to hold District of Columbia, hearing on H.R. 4272, To amend hearings to examine business start-up hurdles in under- chapter 15 of title 5, United States Code, to provide for served communities, access to venture capital and entre- an additional, limited exception to the provision prohib- preneurship training, 10 a.m., SR–428A. iting a State or local officer or employee from being a Committee on Veterans’ Affairs: to hold joint hearings candidate for elective office, 2 p.m., 2154 Rayburn. with the House Committee on Veterans Affairs to exam- Committee on Science and Technology, hearing on the Next ine the legislative presentation of the American Legion, Generation Air Transportation System: Status and Issues, 9:30 a.m., 345 Cannon Building. 10 a.m., 2318 Rayburn.

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Committee on Small Business, hearing on Examining Ex- Permanent Select Committee on Intelligence, Subcommittee piring Tax Incentives and the Needs of Small Busi- on Terrorism, Human Intelligence, Analysis and Counter- nesses,’’ 10 a.m., 1539 Longworth. intelligence, executive, briefing, on Hot Spots, 12:30 Committee on Veterans’ Affairs, Subcommittee on Eco- p.m., H–405 Capitol. nomic Opportunity, oversight hearing on GI Bill Imple- mentation, 1 p.m., 340 Cannon. Joint Meetings Committee on Ways and Means, Subcommittee on Health, hearing on reforming Medicare’s physician payment sys- Joint Hearing: Senate Committee on Veterans’ Affairs, tem, 10 a.m., 1100 Longworth. to hold joint hearings with the House Committee on Subcommittee on Income Security and Family Support, Veterans Affairs to examine the legislative presentation of hearing on Challenges Facing American Workers, 12 the American Legion, 9:30 a.m., 345, Cannon Building. p.m., B–318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Thursday, September 11 11 a.m., Thursday, September 11

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: To be announced. morning business (not to extend beyond one hour), Senate will continue consideration of S. 3001, National Defense Authorization Act. Also, Senate will observe a moment of silence at 12:30 p.m. to honor the victims of the Sep- tember 11 terrorist attacks.

Extensions of Remarks, as inserted in this issue

HOUSE Gordon, Bart, Tenn., E1754 Myrick, Sue Wilkins, N.C., E1759 Graves, Sam, Mo., E1754 Neal, Richard E., Mass., E1759 Andrews, Robert E., N.J., E1749 Green, Gene, Tex., E1750 Pascrell, Bill, Jr., N.J., E1751 Bishop, Sanford D., Jr., Ga., E1750 Hoyer, Steny H., Md., E1756 Reyes, Silvestre, Tex., E1748 Blackburn, Marsha, Tenn., E1752 Jackson-Lee, Sheila, Tex., E1755, E1756, E1760 Roskam, Peter J., Ill., E1749 Calvert, Ken, Calif., E1749 Kaptur, Marcy, Ohio, E1754 Capito, Shelley Moore, W.Va., E1747 King, Peter T., N.Y., E1752 Salazar, John T., Colo., E1750 Childers, Travis W., Miss., E1758 Kirk, Mark Steven, Ill., E1749 Schwartz, Allyson Y., Pa., E1748 Christensen, Donna M., The Virgin Islands, E1758 Kuhl, John R. ‘‘Randy’’, Jr., N.Y., E1749 Smith, Lamar, Tex., E1752 Conyers, John, Jr., Mich., E1753 Lee, Barbara, Calif., E1757 Space, Zachary T., Ohio, E1754, E1761 Cooper, Jim, Tenn., E1747 McCarthy, Kevin, Calif., E1747 Udall, Tom, N.M., E1758 DeLauro, Rosa L., Conn., E1751 McCollum, Betty, Minn., E1748 Vela´ zquez, Nydia M., N.Y., E1758 Emanuel, Rahm, Ill., E1751 Miller, Candice S., Mich., E1752 Woolsey, Lynn C., Calif., E1756 Frelinghuysen, Rodney P., N.J., E1751 Miller, George, Calif., E1750, E1753 Yarmuth, John A., Ky., E1756, E1760 Gallegly, Elton, Calif., E1755, E1759 Mitchell, Harry E., Ariz., E1747, E1753

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