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, FRIDAY, SEPTEMBER 12, 2008 No. 145 House of Representatives The House was not in session today. Its next meeting will be held on Monday, September 15, 2008, at 12:30 p.m. Senate FRIDAY, SEPTEMBER 12, 2008

The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING Pending: called to order by the Honorable PRESIDENT PRO TEMPORE Reid amendment No. 5290, to change the SHERROD BROWN, a Senator from the enactment date. State of Ohio. The PRESIDING OFFICER. The Reid amendment No. 5291 (to amendment clerk will please read a communication No. 5290), of a perfecting nature. PRAYER to the Senate from the President pro Motion to recommit the bill to the Com- tempore (Mr. BYRD). mittee on Armed Services with instructions The Chaplain, Dr. Barry C. Black, of- The legislative clerk read the fol- to report back forthwith, with Reid amend- fered the following prayer: lowing letter: ment No. 5292 (to the instructions of the mo- Let us pray. tion to recommit), to change the enactment U.S. SENATE, God of power and might, wisdom and date. PRESIDENT PRO TEMPORE, justice, for whom all authority is Reid amendment No. 5293 (to the instruc- Washington, DC, September 12, 2008. tions of the motion to recommit to the bill), rightly administered, laws are enacted, To the Senate: of a perfecting nature. and judgment is decreed, thank You for Under the provisions of rule I, paragraph 3, Reid amendment No. 5294 (to amendment the gift of this day, for the opportunity of the Standing Rules of the Senate, I hereby No. 5293), of a perfecting nature. to be used by You to make a positive appoint the Honorable SHERROD BROWN, a The ACTING PRESIDENT pro tem- Senator from the State of Ohio, to perform difference in our world. pore. The senior Senator from Michi- Use our lawmakers for Your honor. the duties of the Chair. ROBERT C. BYRD, gan is recognized. Assist them with Your spirit of counsel President pro tempore. Mr. LEVIN. Mr. President, as pre- and fortitude. Give them the wisdom to viously announced, there are no roll- always seek the paths of righteousness, Mr. BROWN thereupon assumed the chair as Acting President pro tempore. call votes today or Monday. Senators justice, and mercy. Protect them with should expect the next vote to occur on Your omnipotence, and infuse them f Tuesday. However, Senator WARNER with the passion to lead this Nation RESERVATION OF LEADER TIME and I will be here today, we will be with honesty and integrity. Lord, help here Monday, and we will, of course, be The ACTING PRESIDENT pro tem- them to walk blamelessly, so that Your here Tuesday morning to discuss pore. Under the previous order, the integrity will guide them and Your amendments with Senators to try to leadership time is reserved. favor will sustain them. May this his- get these amendments considered or at toric Chamber become a place of cre- f least in line to be considered. We are ative exchange of insights that leads to NATIONAL DEFENSE AUTHORIZA- clearing amendments. We have a man- shared convictions about what is best TION ACT FOR FISCAL YEAR 2009 agers’ package already that is ready to for America. go with—I am not sure how many We pray in Your powerful Name. The ACTING PRESIDENT pro tem- amendments we have already put in Amen. pore. Under the previous order, the there—perhaps 15 or 16 amendments Senate will resume consideration of S. f that have already been cleared. We 3001, which the clerk will report. can’t get them passed yet because of an PLEDGE OF ALLEGIANCE The legislative clerk read as follows: objection, but we would expect that ob- A bill (S. 3001) to authorize appropriations The Honorable SHERROD BROWN led jection would be removed by Tuesday. for fiscal year 2009 for military activities of We will continue in the next few days, the Pledge of Allegiance, as follows: the Department of Defense, for military con- I pledge allegiance to the Flag of the struction, and for defense activities for the over the weekend, to try to agree upon United States of America, and to the Repub- Department of Energy, to prescribe military many of the 200-plus amendments that lic for which it stands, one nation under God, personnel strengths for such fiscal year, and have been filed so that we would be indivisible, with liberty and justice for all. for other purposes. hopeful that we would have a large

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

S8457

.

VerDate Aug 31 2005 00:49 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.000 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8458 CONGRESSIONAL RECORD — SENATE September 12, 2008 number of amendments in a managers’ Mr. ALLARD. Mr. President, I ask will have less of an impact on the sur- package ready to go on Tuesday if we unanimous consent that the order for rounding community. can get the objection removed. the quorum call be rescinded. In reading the Army’s report, I be- We also hope that we could, today The ACTING PRESIDENT pro tem- lieve they have shown their willingness and Monday, debate amendments pore. Without objection, it is so or- to work with the community on a vari- which will be requiring rollcall votes dered. ety of issues: land, cultural resources, on Tuesday. Our goal is to try to com- AMENDMENT NO. 5296 and historic preservation concerns in plete consideration of this bill by Tues- Mr. ALLARD. Mr. President, I am the area. For example, Otero County, day night. The majority leader has in- rising to speak in regard to the Defense one of the neighboring counties to dicated he will be filing cloture today, authorization bill, which is now being Pinon Canyon, has asked that the foot- which means there would be a cloture considered on the floor of the Senate. I print of the expansion not invade the vote on Tuesday, and hopefully we am delighted that we are moving for- Comanche National Grassland, and the would get to the point on Tuesday ward with this piece of legislation. It is Army’s new plan leaves that area un- where the amendments which need something that gets passed every year. touched. Additional community lead- rollcall votes could be voted on Tues- It is important that we get this kind of ers suggested that the expansion site day and that we would have a large legislation passed because, with the not cross Interstate 350, which the managers’ package and that we would challenges the country is facing, we Army has also agreed to. not have to go to a cloture vote on need to deal with some very vital I also want to draw attention to the Tuesday and instead try to get to final issues in the defense of this country economic impact data that signals sig- passage without it. That is the lineup. and also take care of the families and nificant increases in revenue for the My dear friend from Virginia and I are the men and women in the armed serv- surrounding area. The expansion would here to work with Senators to try to ices. generate more than 100 full-time civil- see if we can’t get amendments lined I want to mention a few things about ian and contractor positions, equalling up for votes and other amendments a couple of amendments I plan on in- as much as $5 million in payroll. These agreed upon so that they will be part of troducing at some point in time for would be civilian jobs and would yield the managers’ package. consideration by the Senate. One of increased property and tax sale rev- The ACTING PRESIDENT pro tem- them has to do with Fort Carson, enue for the area. pore. The senior Senator from Virginia which is located in Colorado Springs, Now, that is important, because if is recognized. CO. It is an attractive place, if you are you have Federal facilities in your Mr. WARNER. Mr. President, I thank in the Army, to be assigned. It is one of county, the Federal Government the Presiding Officer. I join my col- the bases where we are looking at some doesn’t pay taxes. They make pay- league. We are here. expansion possibilities. ments in lieu of taxes. Many times, the I wish to also bring to the attention One of the key points with the new complaints we have from local govern- of colleagues that at the close of busi- personnel we are bringing is that they ments in Colorado say it doesn’t meas- ness last night we were informed there need more training space. So I have ure up to the lost revenue if that had are over 200 amendments at the desk. been working with the Colorado been a facility in the private sector. It is our hope that perhaps Senators Springs community and the com- This is an important part of that, so who have filed those amendments could mander at Fort Carson, as well as the this part of Colorado wants and needs work with the managers and/or our Army, to facilitate this so it can move economic development. They need staffs such that they could be added to, forward and everybody would be com- ways to be able to expand their prop- hopefully, a future package that will fortable with what is being done. Ear- erty tax base so they can support their receive the support of the Senate by a lier in our discussions, when I visited schools and support their community UC. So therein is a very significant with the commander, he assured me infrastructure in that area and in the amount of work resting at the desk. that in the process of acquiring prop- country. So this is a very important Mr. LEVIN. Mr. President, if I could erty he would protect private property provision, as far as the elected officials add one further thought, with the help rights. That is extremely important to in that area. Most importantly, the of our staffs, we have actually been the people of Colorado, particularly in Army has again reiterated their com- making some progress in terms of some the rural areas. This expanded training mitment to acquire the land from will- significant discussions that have not area is in a very rural area in southern ing sellers only. been on the Senate floor but nonethe- Colorado. With the assurance that they In spite of the Army’s continued less are taking place, so that we are would protect private property rights, I commitment to acquire the land for ex- making some progress on some stick- began to say that now you need to talk pansion only from willing sellers, there ing points, to try to resolve some to the members of the communities is still apprehension among the land- sticking points to at least get them to and elected officials and see if you can- owners, and I want to help ease that a position where they can be voted not work out some agreement. The concern. That is why I will be pro- upon even if they can’t be agreed to. So Army has put forth considerable efforts posing later on this amendment to the I am optimistic, if everybody cooper- up to this particular point in time. I Defense authorization bill. It is an ates—— have been asked to begin to propound amendment which will take the possi- Mr. WARNER. Mr. President, in that an amendment that would support the bility of eminent domain completely vein, Senator VITTER and Senator Army’s position on protecting property off the table. DEMINT worked with us last night, and rights. As I said time and again, we must re- Senator COBURN. Last year, as part of the fiscal year member that property rights go both Mr. LEVIN. And others, yes. The 2008 Defense Authorization Act, I in- ways. Landowners should have the leaders are involved through their cluded language that would require the right to keep or sell their land if they staffs and perhaps personally in these Army to submit to Congress an outline so choose. If there are willing sellers in discussions. But it is our effort, our in- of their justification for the expansion the area of the proposed expansion, tent, our goal, and our hope that we of the Pinon Canyon maneuver site. I then I see a very win-win solution. can get this bill ready for passage, ei- was pleased with the Army’s findings Again, property owners don’t want to ther without a cloture vote or with and am convinced there is a critical have the Army come in and begin to one, by the end of Tuesday night. That need for additional training space for condemn their property. Many of the is our goal. The leadership has been the new troops that are set to arrive at farmers and ranchers have property in very helpful in trying to help us reach Fort Carson in the near future. their families that date clear back to that goal, and that is our intent. Although the Army identified a need the Mexican land grant era in Colo- I note the absence of a quorum. of 418,577 acres, they have decided that rado. They are very established in The ACTING PRESIDENT pro tem- just over 100,000 acres will be adequate those areas and have no desire to move pore. The clerk will call the roll. to meet their immediate needs. These and want to be a part of the commu- The legislative clerk proceeded to 100,000 acres will still provide the nec- nity and do not want to be forced out call the roll. essary space for enhanced training but of the area.

VerDate Aug 31 2005 00:49 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.003 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8459 I have said time and again, we must download, and print their absentee bal- There being no objection, the mate- be very sensitive about property rights. lots no matter where they are de- rial was ordered to be printed in the The Army now has issued this com- ployed. We now have the capability to RECORD, as follows: prehensive plan which shows the crit- use electronic signatures. These are ef- STATE OF COLORADO, ical need for expansion. The Army has fective programs and would remove DEPARTMENT OF STATE, completed everything Congress has most, if not all, major hurdles facing Denver, CO, May 27, 2008. asked of them in the previous legisla- our men and women in uniform who Hon. WAYNE ALLARD, tion. They continue to work with com- would like to exercise their right to Dirksen Senate Office Building, munity leaders and landowners to find vote. Despite these attempted advance- Washington, DC. DEAR SENATOR ALLARD: Thank you for a win-win situation. ments, none have been universally put your consideration of the amendment ex- Fort Carson is growing fast and will into place. Our military men and panding voting rights for our overseas mili- soon have an additional brigade com- women remain disenfranchised at the tary personnel. This proposal is the result of bat team. The United States has a re- polling place. a military voting task force I convened last sponsibility to ensure our service men It is time the United States ensures year in Colorado Springs. Members included and women who have so courageously their right to vote. We have deployed active-duty voting assistance officers from chosen to serve this great country re- these men and women to all corners of Ft. Carson, Peterson AFB and the Air Force ceive the best training possible. I be- Academy, in addition to the El Paso County the world. We have sent them to Iraq Clerk and Recorder and other elections offi- lieve this expansion will help them do and Afghanistan to fight for our secu- cials. so. rity and freedom. They help to ensure As you know, this task force was obviously I hope this amendment I will be offer- the rights of others to have a voice in close to home for me as Secretary of State ing will ease the concerns of our ranch- their Government. As we approach No- and my service in the military. During a ers in the area, and we can soon move vember and arguably the most monu- tour in Iraq in 2005, I witnessed first-hand forward with a decision from the Army mental election of our time, I call on some of the impediments to voting for mili- tary personnel in field. Continuing to and from the locally elected officials our colleagues to ensure that our men and ranchers involved in the area. streamline the voting process for overseas and women in uniform are given the military is a priority for my administration AMENDMENT NO. 5298 opportunity to have their votes heard. and hopefully, this amendment will help Mr. President, another amendment I I will be offering an amendment at raise the bar nationally. have been working on is an amendment some point to the Defense authoriza- In working with the voting assistance offi- to bring attention to the fact that our tion bill, and the amendment will basi- cers, we felt that requiring notarized voter military servicemembers are faced cally do two things: First, it will elimi- registration and absentee ballot applications are undue burdens on overseas military, es- with an ineffective process and unnec- nate the notary requirement on both essary hurdles when attempting to ex- pecially those on the front lines and forward the Federal postcard application to re- operating bases. In addition, overseas per- ercise their right to vote. quest absentee ballots, as well as the Military absentee voting gained at- sonnel should also be permitted to submit notary requirement on voted ballots. their postcard applications electronically, tention in the 2000 Presidential elec- This is unnecessary as civilians in either through fax or e-mail. tion. The Government Accountability most States are not required to even do Last September I attended a working con- Office reported that military ballots this. ference hosted by the Election Assistance during the 2000 election were disquali- Commission on facilitating UOCAVA voting. Second, this amendment will permit fied five times as often as civilian bal- There were a number of stakeholders in at- electronic submission of the Federal lots. Despite numerous attempts by the tendance including representatives from the postcard application. The Federal post- Congress, our military continued to Federal Voting Assistance Program and sev- card application is an application need- eral state and local election officials. During face voting problems in the 2002, 2004, ed to request an absentee ballot. By al- the conference, there was significant support and 2006 elections. lowing electronic submission of this from the attending election officials for fed- In 2006, Active-Duty military voted eral legislation that would eliminate bar- at a rate of 42 percent lower than the document, it will not just allow greater accessibility in a timely manner but riers for military voters. general population. It reported 47 per- Like many other States, Colorado is al- cent of servicemembers who wanted to will also allow servicemembers to re- ready compliant with this proposed amend- vote never got the chance to do so. quest their absentee ballots closer to ment and our military voters have certainly This amounts to over 110,000 of our Na- the election date, hopefully granting taken advantage of these opportunities. Our them additional time to know where State election officials carefully monitor tion’s bravest and most patriotic men these applications and have built-in safe- and women who were denied the right they may be stationed in November. Additionally, this amendment ex- guards to ensure the integrity of the process. to vote. Again, thank you for pursuing this nec- Of those who were able to cast a vote, presses the sense of Congress to en- essary amendment to ensure that our over- only 20 percent of them were even courage the States to permit members seas citizens have every opportunity to par- counted. This is simply unacceptable. of the Armed Forces to apply for, re- ticipate in their elections back home. These men and women risk their lives ceive, and submit absentee ballots for Sincerely, for democracy and freedom and voting elections for Federal office by elec- MIKE COFFMAN, rights all over the world. As we did tronic means and to encourage the De- Secretary of State. over 60 years ago during World War II, partment of Defense to implement and maintain programs that permit the se- THE AMERICAN LEGION, the voting process still depends on a Indianapolis, IN, May 7, 2008. cure submittal by members of the single soldier in the field reading a Hon. WAYNE ALLARD, large number of pages in a guide—I am Armed Forces of absentee ballots for U.S. Senate, Dirksen Senate Office Building, told up to 466—and being informed on election for Federal office by electronic Washington, DC. how each individual soldier is to vote means. DEAR SENATOR ALLARD: The American Le- under specific precinct guidelines. If a It is simply time for Congress to en- gion fully supports your proposed amend- ment to the Defense Authorization Bill that soldier is able to complete this step in sure our military men and women the accessibility and right to vote, particu- would improve and speed the process of pro- the process, the mail system must still cedures relating to overseas voting by mem- track down a moving target in order to larly at a time when we have the tech- bers of our Armed Forces. As I understand it, get the ballot to a soldier who has the nology to provide the reliability and the amendment would eliminate the notary intention of voting. Warfighting and integrity of the system. I call on my requirement on voted ballots, and allow elec- technology have come a long way since colleagues to support me in this tronic submission of the Federal Postcard World War II, and in my view it is un- amendment. Application for absentee ballot requests. conscionable that our voting capabili- Mr. President, I ask unanimous con- The American Legion has been an advocate of the voting rights of members of the U.S. sent to have printed in the RECORD let- ties have failed to keep up for our men Armed Forces for many years. We believe and women in the military. ters from the Colorado Secretary of that the improvements you have proposed In recent years, there have been sev- State, the American Legion, Vets for will make it possible for increased numbers eral voting ballot programs that would Freedom, and the National Vietnam & of our service members deployed around the allow the soldier to request, receive, Gulf War Veterans Coalition. world to participate in our election process.

VerDate Aug 31 2005 02:32 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.005 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8460 CONGRESSIONAL RECORD — SENATE September 12, 2008 Thank you for your continued support of that I think are important. I fully in- come home, he’d say, ’OK, Mom—get our military forces and their families. tend to call them up as we proceed the family together. It’s time for a Sincerely, with the debate on this important bill, card game.’’’ MARTIN ‘‘MARTY’’ CONATSER, important not only to our men and John Boy’s Uncle Lance was in the National Commander. women in the Armed Forces but to the Marines, perhaps inspiring John Boy to VETS FOR FREEDOM, process, and important to the country follow in that tradition. According to Washington, DC, April 29, 2008. as a whole. Darlene, he was also motivated by a Hon. WAYNE ALLARD, Mr. President, I yield the floor. love of his country. ‘‘After 9/11, he said U.S. Senate, Dirksen Senate Office Building, The ACTING PRESIDENT pro tem- he wanted to make a difference,’’ she Washington, DC. pore. The Republican leader is recog- said. DEAR SENATOR ALLARD, On behalf of all the nized. John Boy graduated from Simon members of Vets for Freedom, the largest Mr. MCCONNELL. Mr. President, I Kenton High School in Independence, Iraq and Afghanistan veterans organization understand Senator BILL NELSON was KY, in 1998, and joined the Army in in the United States, I am honored to stand here earlier. I ask unanimous consent beside you in support of your proposed 2002. He was eventually assigned to the amendment related to improving the mili- that he be recognized at the conclusion 3rd Squadron, 3rd Armored Cavalry tary voting process. of my remarks. Regiment based in Fort Carson, CO. This important piece of legislation ensures The ACTING PRESIDENT pro tem- Even while serving his country away that the men and women who wear our na- pore. Without objection, it is so or- from home, however, John Boy didn’t tion’s uniform are not left out of the election dered. forget the girl who had been, literally, process while serving in harm’s way. These HONORING OUR ARMED FORCES next-door. ‘‘Growing up, John Boy al- brave and patriotic soldiers, sailors, airmen SPECIALIST RONNIE D. WILLIAMS ways told my dad that he’d marry me,’’ and marines who protect the very right to Mr. MCCONNELL. Mr. President, we Darlene says. vote deserve nothing less. As such, Vets for While back home on leave, John Boy Freedom strongly supports this bi-partisan are honored to live in a country with effort. the bravest men and women in uniform and Darlene spent a lot of time to- As this piece of legislation makes its way in the world. I rise to pay tribute to gether and, in her words, they ‘‘hit it through Congress, Vets for Freedom looks one of those warriors, SP Ronnie D. off pretty quick.’’ Their devotion to forward to working with you to ensure pas- Williams of Morning View, KY, trag- each other continued even across great sage. Thank you for your continued support ically killed on July 17, 2005, after his distances, once he had returned to his of our nation’s veterans. tank overturned while on patrol in squadron. Warm regards, Baghdad. ‘‘I went out to Fort Carson to see PETE HEGSETH, Specialist Williams was 26 years old. him every other week,’’ Darlene says. Executive Director. It was his second tour of duty in Iraq. ‘‘It was a 24-hour drive. . . . It’s a haul, NATIONAL VIETNAM For his bravery in uniform, he received especially in my ’89 Cavalier.’’ & GULF WAR VETERANS COALITION, several awards, medals, and decora- On his last trip home, John Boy cele- Washington, DC, May 7, 2008. tions, including the National Defense brated his birthday with his family,and Re Amendment to the Defense Reauthoriza- Service Medal and the Army Com- he and Darlene took a belated honey- tion Bill. mendation Medal. moon to Florida. Hon. WAYNE ALLARD, Although his Army files may list him John Boy also made time to speak to U.S. Senate, Dirksen Senate Office Building, as ‘‘Ronnie,’’ just about anyone who kids when he was home and tell them Washington, DC. knew Specialist Williams called him by about his experiences in uniform. Some DEAR SENATOR ALLARD, On behalf of the his nickname, ‘‘John Boy.’’ His mom schoolchildren had written him letters members of the National Vietnam & Gulf while he was away. He wanted to thank War Veterans Coalition, an organization Sharon Williams explains why. ‘‘When he was born, ‘The Waltons’ them personally. comprised of more than eighty veterans or- ‘‘When he came home, he visited ganizations and veterans advocacy groups, was on TV,’’ she says. ‘‘His uncle was which is committed to advocating for our named Ronnie [and] we called him River Ridge Elementary School be- troops and veterans, we support your efforts John, so when my son was born we cause his nieces attended there,’’ Shar- to eliminate the hurdles currently faced by nicknamed him John Boy, just like on on recalls. deployed members of our armed services who the show.’’ Darlene remembers how eager John endeavor to vote. John Boy grew up in a big family and Boy was to see the kids when he came The above-referenced amendment will pro- had an active childhood. He loved to home. ‘‘He had blisters on his feet and vide improvements long overdue in enabling back, but instead of going home and re- members of our armed services to cast their hunt and would go hunting for deer and turkey. One frequent hunting com- laxing, he went to his nieces’ school to ballots. Currently, there are over 848,000 talk about the Army, and he handed members of our armed forces serving in over- panion was his uncle, Lance Anderson. seas assignments. These men and women are He loved fishing as well and once out candy to all the kids.’’ willing to risk their lives to ensure democ- went fishing with his father-in-law, Mr. President, our thoughts are with racy throughout the world. It is important William O’Banion, and caught a 42- John Boy’s family after their horrible that our military personnel be provided with pound catfish. loss. We are thinking of his wife, Dar- the same opportunity to exercise their right ‘‘If I had a choice out of a million lene Williams; his son, Houston David to vote as enjoyed by those Americans citi- boys to be my son-in-law, he would Williams; his mother, Sharon Williams; zens who do not serve in the armed forces. have been No. 1,’’ Williams said. his father, Howard Williams; his sis- Accordingly, the National Vietnam & Gulf ters, Crystal Herzog and Kathy Wil- War Veterans Coalition fully supports this John Boy’s wife Darlene also knew bipartisan amendment. him when he was young and remembers liams; his brothers, Geoffrey Williams The National Vietnam & Gulf War Vet- the fun he used to have as a child. and Howard Williams; his grand- erans Coalition as an organization dedicated ‘‘John Boy grew up next door to me,’’ parents, David and Kay Redmond; his to the members of our armed services great- Darlene says. ‘‘We rode the same bus uncle, Lance Anderson; his parents-in- ly anticipates the passage of this legislation together. . . . He and my brother were law, William Henry O’Banion, Jr. and and encourages your efforts to improve the best friends. . . . They would go to the Corinne O’Banion; and many other be- currently ineffective voting process avail- trestle in DeMossville to fish, but they loved friends and family members. Dar- able to our military. Our brochure, reflecting the names of the wouldn’t tell anybody so that they lene adds about her husband: Coalition’s member organizations, is en- could keep it a secret. They didn’t I just want everyone to know what a won- closed for your reference. want anyone to find their fishing derful man he was; that he would do any- Sincerely, hole.’’ thing for anyone. He was so wonderful to me. JOHN J. MOLLOY, ‘‘Growing up we fought like cats and I trust those who knew and loved Chairman. dogs,’’ she said. ‘‘I grew up with a SPC Ronnie D. Williams will not soon Mr. ALLARD. Mr. President, I am bunch of boys—never any girls. I al- forget his enormous service and sac- glad to see we are able to move forward ways played with my brother’s friends rifice for our Nation, and this Senate with the Armed Services bill. I have and he’d get mad.’’ stands in admiration of devotion like taken some time and talked about a John Boy enjoyed spending time with his that continues to keep our Nation couple of amendments that I will offer his friends and family. ‘‘When he could safe and free.

VerDate Aug 31 2005 02:32 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.001 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8461 Mr. President, I yield the floor. right there. Pensacola Naval Air Sta- weapons systems that are shooting The ACTING PRESIDENT pro tem- tion. That is where most of the Navy hundreds of miles, and as a result, we pore. The senior Senator from Florida pilots and Marine pilots, naval avi- need all of that. is recognized. ators, that is where most of them learn Now, when we passed this law pro- Mr. NELSON of Florida. Mr. Presi- to fly. So they have all this training tecting this area from any drilling 2 dent, as soon as the copy of my amend- area and they can go out on a carrier years ago, I had a statement in writing ment arrives, I will send it to the desk and train as Navy pilots. from the Secretary of Defense of what to file, not to offer at this point. Al- Now, speaking of the U.S. Navy, you the policy is of the Department of De- though it is applicable to the Defense will remember about 4 or 5 years ago fense, which is that they do not want bill, I will save it, at the request of the there was a big brouhaha over the U.S. drilling out here in this test, training, chairman of the Senate Armed Serv- Atlantic Fleet training down off the is- and evaluation range. That is the oper- ices Committee, for next week’s con- land which is a part of Puerto Rico—off ative policy as confirmed to me by the sideration of the Energy bill. It is an the shore of Puerto Rico and the island Deputy Secretary of Defense, Gordon amendment to protect the interests of of Vieques. For decades, the U.S. Navy England, in a phone call with him 2 the Department of Defense; to protect had trained its pilots there. But the days ago. That is the operative policy. the largest testing and training range people of Puerto Rico took great um- The Department of Defense, pres- in the world for our Defense Depart- brage at this, and they wanted it ently the Secretary of the Navy, is con- ment. changed and they wanted it removed. sidering whether they need all of this, Let me show you where it is. It is in They were afraid it was a health haz- but Secretary England told me that the Gulf of Mexico, off of Florida. It is ard, and so the United States acceded there is no way they are going to have all of this area outlined in yellow that to that request. As a result, Vieques a decision made before we finish our is east of this longitudinal line. That was shut down for the Atlantic fleet. session by the end of this month, and, area in yellow, including this area up Well, where is the Atlantic fleet therefore, we should plan on the opera- here, 125 miles off Pensacola, is what going to train? They have to train. tive policy to be that the U.S. Depart- was etched into law in 2006, 2 years ago, Well, guess what. They came here—the ment of Defense does not want any as a protected area from drilling for oil largest testing and training area for drilling of oil and gas out here because and gas. And why is that? Because ev- the United States in the world. And in it would mess up their testing, their erything east of that longitude-lati- all of this protected space there are evaluation, and their training. tude line, all the way close to the coast designated areas for the Navy, specifi- So the amendment I am going to of Florida, is the largest testing and cally off of Pensacola, up here, and offer would apply to this Gulf of Mex- training area for the United States then big areas of this part of the gulf ico area, east of this military mission military in the world. for the Navy. The Air Force has mainly line, which is this longitude line, ev- Now, you may wonder why in the last the rest of it, including some Air Force erything east of there to the coast. And round of base closures and realign- training over here. I want to read it specifically. It is de- ment—and remember, the acronym is Now, here is what happens with the fined as the ‘‘Joint Gulf Range Com- BRAC, Base Realignment and Closure Navy. We have the Key West Naval Air plex’’ or the ‘‘Gulf of Mexico Range.’’ It Commission, that is what BRAC stands Station right here. It is actually not on would also include any military or Na- for—in the realignment all of the pilot Key West. There are headquarters tional Security Agency operations training for the new F–22 stealth fight- there on Key West, but the actual air- training or testing area that is used by er came to Tyndall Air Force Base at field is on the island to the north of a military or national security agency Panama City. You may wonder why. Key West called Boca Chica. So what of the United States. It says: Well, that F–22 does a dogfight at 11⁄2 happens is they bring these Navy mach. You can imagine what the train- Notwithstanding any other provision of squadrons that are assigned to an At- law, the Secretary of the Interior shall not ing radius, the turning radius, is for an lantic Fleet naval aircraft carrier, they issue any permit for oil and gas leasing or F–22 as it is in a dogfight. It is at 11⁄2 fly them into Boca Chica, they spend 2 extraction in an area described—as I have times the speed of sound. So it has all or 3 weeks there—these are the F–18s just indicated—unless and until the Presi- of that area out there in which to and will be the F–35s in the future—and dent certifies, based on written opinions pro- train. then for that period of time they come vided by each of the Secretary of Defense, Why also, under the realignment, the out here and they have all of this area the Secretary of the Navy, and the Secretary BRAC process, did all of the newly de- that is restricted space in order to of the Air Force, and the head of each appro- veloped F–35s, called the Joint Strike priate national security agency of the United train. States, that in balancing the national secu- Fighter, for the Navy, the Air Force, The good news about that is that rity interests of the United States the ad- and the Marines—and it is still being when they lift off from the runway vantages of oil or gas extraction in the area developed—why did they determine here at Boca Chica, within 2 minutes outweigh the military and national security that all of the pilot training for the they are over restricted space. So they missions being conducted in the area. new F–35s was going to be at Eglin Air do not have to fly a long way burning In other words, it is a fail-safe ap- Force Base, which is located right here, up a lot of fuel to get there. In 2 min- proach to say that it is going to force right where that military mission line utes they are ready to start their aer- us in the future—whenever we are con- hits the shore? That longitude line— ial training and their dogfights. sidering changing laws like this that Eglin Air Force Base—why right there? Now, there is something else that is protect this area for the military, that It has all of that training area which is going on here. Because up here, at Fort it shall have the force of law that the protected airspace. Walton Beach, this huge Air Force fa- Secretary of Interior has to get a writ- Why is this area off bounds here? cility called Eglin Air Force Base, is ten certification from the President Well, certainly when we passed the law the test and evaluation center for all of that the oil and gas extraction out- 2 years ago, the interests of a $65 mil- the U.S. military—all of the Depart- weighs the military and national secu- lion a year tourist industry, dependent ment of Defense. And what they do is rity missions being conducted in the on pristine beaches, was considered. they take all of these weapons sys- area. And by the way, Florida has more tems—not just airplanes but air-to-sur- We are in a time in which our en- beaches than any other State. As a face missiles, air-to-air missiles, sur- emies want to do us harm. We are in a matter of fact, Florida has more coast- face-to-air missiles, surface-to-surface time in which we have to be prepared. line than any other State save Alaska, missiles—and they shoot them and In order to have that preparation, we and Alaska doesn’t have a lot of beach- they train and they test. This is the not only need the personnel and the in- es. But we in Florida have barrier is- Air Force test and evaluation center, telligence, but we need the equipment. lands on most of Florida, and those but for all of the Department of De- We have to test that equipment under barrier islands have extraordinary fense, and we have some weapons sys- all kinds of conditions to make sure it white sand beaches. So certainly that tems that we are shooting for hundreds works when we have to have it work. was an interest to protect there. But of miles. From here to here is approxi- That is what this testing and evalua- there is another reason. Guess what is mately 300 miles. So we have some tion and training range is for.

VerDate Aug 31 2005 02:32 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.007 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8462 CONGRESSIONAL RECORD — SENATE September 12, 2008 This Senator is not going to let the Speaker of the House of Representa- kinds of sexual escapades, and lots U.S. defense preparedness be a sacrifi- tives came out yesterday with a pro- more. cial lamb for the interests of the oil posal that this Senator would certainly I have been trying to clean up these and gas companies in order to satisfy consider, and I think favorably. What royalty programs for more than 5 their hollow-ring rhetoric that says the Speaker of the House has said is years. I stood right in this spot 2 years ‘‘drill, baby, drill.’’ You have heard me honor the 2006 law, and on the rest of ago and spent almost 5 hours trying to before on this floor say that the the Outer Continental Shelf, all over force a vote here in the Senate to clean mantra ought not be ‘‘drill, baby, the United States beyond 100 miles, up these royalty programs. drill.’’ As Tom Friedman says, the drill; between 50 and 100 miles, if the Some of these royalty problems, of mantra ought to be ‘‘invent, baby, in- State concurs, drill. Those being Fed- course, began when the price of oil was vent.’’ That is how we are going to eral lands, those revenues would inure $19 a barrel. The day that I spoke at break the stranglehold of oil that is to the benefit of the U.S. Treasury, not length to try to force a vote, the price around our neck. But until we get to to the States. This Senator will cer- of oil was $70 a barrel. Of course, for that point—and I hope we are rapidly tainly consider that, but not when they quite some time the price of oil has moving to that point of alternative say the interests of Florida and the in- been $110, $120, $130—of course 8, 10, 12 fuels—this Senator is going to stand up terests of the Defense Department are times what it was when this program and not let the defense preparedness of the ones that are going to have to com- began. this country be sacrificed as a lamb on pletely give, since we worked this and The Bush administration has repeat- the altar of the oil and gas companies. etched it into law for the first time 2 edly indicated that they would take This Senator also wants to clearly years ago. I want everybody to under- care of these problems. We have had say this to the Gang of 10 that proposes stand what the position of this Senator Secretary Kempthorne, for example, in to drill up to 50 miles off the Florida is. the Energy Committee even 19 months coast. That would bring it up to a point What I would like to do is to send ago essentially saying they would get about like this on this map. You can this amendment to the desk to file. I on top of the program. see how that would cut out the heart will not offer it because, as I said, the I came to the floor today because I and the lungs of the military mission chairman of our Armed Services Com- would like to describe how it looks as test and evaluation. The Gang of 10 mittee has enough on his plate—I am though once again the Department of that wants to vote on their proposal one of his subcommittee chairmen—in Interior is especially interested in try- next week says: By the way, we are order to get this Defense authorization ing to keep the Congress from stepping going to do that drilling all the way up in and taking bold action to try to to 50 miles off of the west coast of Flor- bill passed. But this issue will cer- tainly be ripe next week when we take drain the swamp. For example, the ida, but we are not going to do that off statement the Secretary of Interior of anybody else’s coast. We will let up the energy provisions. I yield the floor. made—I brought it to the floor—came there be drilling at the OK of the The ACTING PRESIDENT pro tem- out yesterday. It states, for example: States of Virginia, the Carolinas, and pore. The amendment will be printed. The conduct of a few has cast a shadow on Georgia, and we are not going to touch The senior Senator from Oregon is an entire agency. anybody else, but we are sure going to recognized. touch the west coast of Florida and That is not what the inspector gen- Mr. WYDEN. Mr. President, I ask this military mission line. eral said about this program. The in- This Senator wants to clearly say he unanimous consent to speak as in spector general didn’t talk, as Sec- is not going to let Florida be the sac- morning business for up to 20 minutes. retary Kempthorne did, about the con- rificial lamb. I just hope my colleagues The ACTING PRESIDENT pro tem- duct of a few. What the inspector gen- understand that this Senator is not pore. Without objection, it is so or- eral said—I will just read it: going to let that happen. dered. We discovered that, between 2002 and 2006, We concocted, crafted, and com- Mr. WYDEN. Mr. President, also, be- nearly one-third of the entire royalty-in- promised to pass this law 2 years ago fore he leaves the floor, I intend to talk kind staff socialized with and received a wide to satisfy the Senator from Louisiana, about the ethical quagmire at the Min- array of gifts and gratuities from oil and gas erals Management Service. I commend companies with whom the royalty-in-kind the Senators from Mississippi, and the program was conducting official business. Senators from Alabama who wanted Senator NELSON, who really, just as he Let’s unpack that for a minute. Sec- additional drilling while at the same said, always does try to be bipartisan. retary Kempthorne has said repeatedly time this Senator and my colleague, We work together as part of a large that we are only talking about the con- Senator MARTINEZ, brought to the health care group. Senator NELSON was table that we wanted to protect the one of the first to spot these flagrant duct of a few people and offered up once military and we wanted to protect examples of abuse at the Minerals again, just in the last 24 hours, an ar- Florida. We crafted this compromise. Management Service. I know he is gument clearly designed to keep the Now, 2 years later, they want to blow it going to be part of our effort to finally Congress from stepping in next week out of the water and they want to blow drain the swamp at the Minerals Man- and finally draining the swamp at the the U.S. military out of the water. agement Service next week. I thank Royalty-in-Kind Program. The inspec- We have a few tools at our disposal my friend from Florida for his efforts tor general found that there were gifts called parliamentary rules of the Sen- in that regard. and gratuities on at least 135 occasions ate. We are simply not going to let this f from major oil and gas companies. The inspector general called it a textbook happen. This Senator is about as bipar- MINERALS MANAGEMENT SERVICE tisan as anybody on this floor. This example of improperly receiving gifts Senator is about as reasonable as any- Mr. WYDEN. Mr. President, 2 days from prohibited sources. And then the body on this floor. This Senator does ago I came to the floor of the Senate to inspector general said: believe what the Good Book says, describe specifically the horror story of When confronted by our investigators, which is ‘‘Come, let us reason to- misconduct and mismanagement at the none of the employees involved displayed re- gether.’’ That is how we ought to forge Minerals Management Service. Today, morse. compromise and make law, recognizing this morning, in coffee shops across the They found a culture at this program that you have to build consensus. That country, in addition to talking about of ethical disregard—substance abuse, is what we ought to do, and we ought the pain at getting clobbered by these promiscuity. They go on and on to talk to do it in a bipartisan fashion. But the gasoline prices at the pump, a lot of about an entire program. They cer- Gang of 10 wants to run over the inter- Americans are wondering how can it tainly do not talk about how these ests of this Senator and the interests of possibly be that in these Federal en- problems took place in the past. They the military. Every now and then, we ergy development programs, the tax talk about how this is an ongoing prob- have the opportunity to stand up and money of the American people is being lem that certainly is not going to be say no. used to prop up sweetheart con- taken care of, in my view, as Secretary I want everybody to be clear where tracting, flagrant conflict of interest Kempthorne has suggested in the past, this Senator is. Let me tell you, the violations, drug abuse, apparently all with one of his kind of ethics training

VerDate Aug 31 2005 02:32 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.008 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8463 programs. There are going to have to obvious you cannot wave your wand I yield the floor. be substantial changes. I am very hope- and legislatively fix every ethical con- The ACTING PRESIDENT pro tem- ful that finally, after the Congress has sideration imaginable. But it would pore. The senior Senator from Florida gotten report after report about the seem to me, given the blockbuster na- is recognized. problems at this agency, the Senate ture of this inspector general’s report, Mr. NELSON of Florida. Mr. Presi- will not accept the argument from Sec- and the tenacious work that has been dent, I want to say a word of apprecia- retary Kempthorne that once again the done by Earl Devaney there, that Con- tion to the Senator from Oregon for his Congress ought to just trust the agency gress would be negligent, that Congress leadership on this, and his courage. He to take care of things on its own. would be more than remiss, that Con- had the courage of his convictions 2 Let me outline just a few of the areas gress would be negligent to not step in years ago to stand up and to not relin- that I hope the Senate would consider next week when we are working on quish the floor in the midst of all kinds in changing these flagrant abuses at these very programs—there is discus- of pressure to get on with the legisla- Minerals Management. sion of expanding them dramatically— tion in order to get his point across. It seems to me, first, that this pro- to not step in and make sure the tax- From time to time, each of us, when gram, the Royalty-in-Kind Program, payers’ interests are protected. we feel passionately and very strongly should be suspended until the Sec- This is not a question of whether you about an issue that we do not think is retary certifies that each of the inspec- are for drilling or against drilling here. right, has a right here to do that. I tor general’s ethical and business rec- Senators will have differences of opin- thank him for that. I thank him for his ommendations is implemented. ion surely on that. But as Senator NEL- courage. I second what he has said That strikes me as pretty obvious. SON has said over a period of years, and about the skullduggery that is going You have all of these problems. It has I have said over a period of years, this on. been documented in report after report ought to be something every Member Is it not interesting that there is no after report. The Secretary has come of the Senate would agree on. consequence as a result of what the in- to the committee, and said he would I think back to 2 years ago, and I got spector general has found, all of this take care of it. It has not been done. It up in the morning and did not expect skullduggery—it is his words, not would seem to me that you suspend to be on this floor for 5 hours trying to ours—all kinds of sexual liaisons going this program until the Secretary cer- force a vote to change these programs. on, all kinds of drugs, all kinds of gifts, tifies that the recommendations from It was clear that if we had gotten the some of this supplied by the oil compa- the inspector general are implemented. votes, we would have won. That was nies over which this administrative ex- Second, I am sure people listening to when the price of oil was $70 a barrel, ecutive department agency is a watch- this say, ‘‘hello,’’ when you make this not $100 a barrel; $100 often seems rea- dog, and it is going to be in an inspec- particular recommendation. It is time sonable these days to people given the tor general’s report. The Department to get rigorous audits back in the Min- shellacking they are taking. of Justice, the Attorney General’s Of- erals Management Royalty Program. But the Congress will have a vigorous fice, has said they are not going to You think to yourself, how can it be debate next week on a host of issues prosecute the two main people in the that millions of dollars go in and out with respect to energy policy. What I office who carried on all of this scan- the door in these programs? There have would hope is that 100 Members of the dalous activity; they have resigned. So been problems documented again and Senate would say, given what the in- where is the accountability? again in these inspector general re- spector general has said, No. 1, given When I served in the military a long ports and they still do not have rig- the fact that Secretary Kempthorne time ago, I was taught clearly that the orous audits. So that is the second has again in his statement yesterday— commanding officer was accountable thing the Senate ought to require with and I read this specifically—suggested for what happened to that commanding respect to this program. that we are talking about a few indi- officer’s troops or ship. I personally would favor a limited viduals: Where is the accountability? What continuation of the Royalty-in-Kind The conduct of a few has cast a shadow on about the head of the Minerals Man- Program to a fixed term, choose 1 year, an entire agency. agement Service? The head of the Min- 2 years, and then it would be sunset un- That is not what the inspector gen- erals Management Service is there. less it would be reauthorized. This eral said. One-third of the employees in Where is the accountability? Why would be a process that would make this program, one-third, colleagues, should not the head of the Minerals sure the program either gets fixed and were involved in this. Given what the Management Service, on something the Senate comes away convinced that inspector general has said, given the that went on for one-third of the em- it works or the program goes away. So facts that the agency has repeatedly ployees of this office for some period of I would hope the Senate would look at said it would clean up these programs, time, say: I am responsible, I am ac- that. and it has not done it, that under the countable, and face the music, and face Finally, I think it is worth noting leadership of Chairman BINGAMAN of the consequences? that the Minerals Management Service the Energy Committee, he always But, no, it is always dodge, weave, is the only major bureau within the In- works closely with the ranking minor- deflect. It is always somebody else’s terior that does not have a Senate-con- ity member, our colleague from New fault. How much of a pattern have we firmed director. It is my view that the Mexico, Senator DOMENICI, that finally seen of that over the last 8 years? The head of the Minerals Management next week the Congress, on a bipar- American people are getting tired of it. Service, particularly at a time such as tisan basis, end these disgraceful prac- And they are getting tired of it espe- this, when the very programs in its tices that have been documented re- cially when those same kinds of inter- charge, and the programs the Congress peatedly in these independent reports. ests, in this case the oil companies in- is looking to expand next week, that If the Congress does not step in and fluencing an executive branch depart- the head of the Minerals Management finally adopt specific measures to hold ment to get what they want by using Service should be a Senate-confirmed this agency accountable, I believe when illegal gifts, the offer of sexual favors position. This way it would be possible the headlines are no longer the topic of and drug use. for the Senate Energy Committee—and kitchen table conversation, I believe This is the same group that wants to I know Senator NELSON has a great in- what will happen, certainly regrettably come in, as I was pointing out on that terest in this as well—would have a say in this administration, we will not see map, and drill all the way up through in who the next director of that office the changes needed to protect the and cut out the heart and the lungs of is, and the Energy Committee would be American people. the U.S. military testing and training in a position to hold that individual ac- I do not see how you can make a case area. countable. for playing down this set of problems No, there is too much that is not in As I have indicated, the Minerals that has been so well documented. I sync here. I thank the Senator for his Management Service is the only major hope all Members of the Senate, all 100 very prescient and courageous and con- bureau within Interior that does not Senators, will back our efforts next sistent stance he has had. have a Senate-confirmed director. It is week to clean up this program. I yield the floor.

VerDate Aug 31 2005 00:49 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.009 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8464 CONGRESSIONAL RECORD — SENATE September 12, 2008 Mr. WYDEN. Mr. President, I suggest in what he wrote to be annoyed about. bians, particularly the long struggle the absence of a quorum. But in the end, that is the way we in for equal marriage, even when some The ACTING PRESIDENT pro tem- politics are supposed to feel. readers took vocal offense. pore. The clerk will call the roll. As the saying goes: If a politician Charlie is also obsessed with baseball The bill clerk proceeded to call the doesn’t feel a little twinge of anxiety and with his beloved Red Sox in par- roll. when he hears that newspaper thump ticular. The team was a family affair in Mr. WHITEHOUSE. I ask unanimous on the front porch in the morning, the the Bakst household. Charlie writes of consent that the order for the quorum paper is not doing its job. many trips to Fenway Park with his call be rescinded. Charlie always did his job. Jour- late father Lester and his brother Ar- The ACTING PRESIDENT pro tem- nalism is in Charlie’s blood. At summer thur. pore. Without objection, it is so or- camp in Hampstead, NH, in the 1950s, His first game at Fenway—at age 8— dered. he announced baseball scores at the happened to be on April 30, 1952, the JOURNALISTS M. CHARLES BAKST, SCOTT camp’s daily flags ceremonies. ‘‘In ret- last game Ted Williams played before MAC KAY, AND MARK ARSENAULT rospect,’’ he wrote, ‘‘an early dan- he shipped out to Korea. Mr. WHITEHOUSE. Mr. President, gerous sign of: Journalist Ahead.’’ Ted Williams was a particular hero, today the largest daily newspaper in At Brown, he became editor in chief and years after that first game, Char- my home State of Rhode Island, the of the Brown Daily Herald. He went on lie’s colleagues at the Journal gave Providence Journal, is losing three ex- to earn his masters from the Columbia him, as a 50th birthday gift, a lifetime traordinary journalists. Columnists M. Graduate School of Journalism and membership to the Ted Williams Mu- Charles Bakst, better known as Char- later returned to Rhode Island to join seum in St. Petersburg, FL. Charlie lie; reporter Scott MacKay; and Mark the Providence Journal, eventually be- visited the museum and immediately Arsenault have covered politics in coming statehouse bureau chief and po- collared his tour guide to suggest cor- Rhode Island and around the country litical columnist. Politics, too, was a rections to the exhibit. Charlie followed baseball all over the for a combined total of about 70 years, lifelong passion. and they are retiring from the paper as In another formative summer camp country, and maintained a love affair with food, from buffet table fare at of today. There is a larger story about experience, he listened to radio broad- local fundraisers to historic res- what is happening to America’s news- casts of the 1956 Democratic Conven- taurants such as Angelo’s, where his papers, but my purpose is not to talk tion. I will confess that I was probably personal bottle of olive oil, stashed in about that but about them. not 1 year old then and not listening the kitchen, has ‘‘BAKST’’ written All of them are gifted writers, and all very closely. At the time, then-Senator have brought to the Journal sharp eyes across the top in black ink. John F. Kennedy narrowly missed win- These interests—baseball and food— for detail, long memories, and distinc- ning his party’s Vice Presidential nom- came together in columns disclosing tive voices. They will be sorely missed. ination. that at Safeco Field, home of the Se- Scott is a particular friend, and I am ‘‘Believe it or not, that helped hook attle Mariners, you can eat everything sorry I will no longer have the pleasure me on politics,’’ Charlie wrote decades from sushi and pad thai to chowder and of reading Scott’s colorful political later. deep-fried mushrooms, not to mention takes on the State we both love. I hope Well, it is not that difficult to be- a half-pound Home Run Dog just out- he will return to the Providence News- lieve. Charlie’s writing betrays a sense side the ballpark. paper Guild ‘‘Follies’’ to continue his of wonder at the pageantry of politics At Petco Park, home of the San traditional role emceeing that evening and a fierce belief in government’s ob- Diego Padres, Charlie reported on of alleged music, wit, and humor. ligation to the people that it serves. shrimp avocado salad, barbequed ribs, I wish well to Mark Arsenault, whose Charlie told it like he saw it, and when fish tacos, garlic fries, veggie dogs, talent supports a bright future in he saw a public servant abusing the Oreo cookie cheesecake, and cap- whatever new endeavors he chooses to public trust, he said so. puccino. pursue. ‘‘I must say I’ve never lacked for I was glad when Charlie was able to But the remainder of my remarks copy,’’ Charlie told the New York stop by one of my regular community will be about Charlie Bakst. If you are Times in 2001. His columns have ripped dinners in East Providence last year. from Rhode Island and involved in poli- into public figures for corruption, dis- Our M&M cookies made it into his Sun- tics, you know Charlie Bakst. You see honesty, and for incompetence. day column. him in the statehouse, at city hall. You In a column written as New Orleans Finally, we have seen Charlie’s deep see him at fundraisers and roasts and staggered in the violent wake of Hurri- and abiding love for his family: his wife meatball dinners and clambakes, and cane Katrina, his outrage is visceral: Elizabeth, and his daughters Maggie, you see him at lunch at Angelo’s on America has become a laughingstock. To Diane, and their families. I hope in his Federal hill. think that people could suffer here for days retirement he will get to see more of Everywhere there is politics—and in on rooftops or terraces or in a sports arena them, and to spend more time with Rhode Island, that is everywhere— or convention center without rudimentary Diane and her family in Italy, as he Charlie is there, soaking in the scene, help like food or water, amid lawlessness and stench, surrounded by death. once wrote he would like to do. talking to people, and commenting on But no matter what he chooses to do the food. He ended with an invocation of next, I hope Rhode Island will find a Everything is grist for what Charlie Jimmy Carter: way not to lose Charlie’s unique voice, is pleased to call his ‘‘excellent col- Wouldn’t it be nice to have a government his rich memory, after, I believe, 36 umns.’’ Charlie’s memory for history as good and decent as the American people? years of journalism in Rhode Island, and for detail is legendary, as is his mi- This is Charlie Bakst’s dream for and the impassioned commitment that raculous success at landing interviews America and his dream for our Ocean he brought to his profession. that are either totally forbidden or ex- State, and his columns have always Of his friend, WJAR investigative re- traordinarily difficult to get. He has prodded us toward that dream. porter Jim Taricani, Charlie once jumped into limousines and lain in He is particularly outspoken when he wrote this: wait by backdoors. He has talked with sees injustice and oppression. He [B]eing a journalist is more than a job. It United States Presidents, past and fu- sought out leaders in the civil rights is a burden, a pleasure, and an honor. ture. He has questioned Senators, Gov- movement, interviewing Representa- Well, Charlie, working with you for ernors, party leaders, political tive JOHN LEWIS and Cesar Chavez, the past 20 years has been a burden, a operatives, even world leaders. If you among others. pleasure, and an honor. I look forward have ever been involved in politics in He found unsung Rhode Island he- to talking with you for many years to Rhode Island, chances are you have roes, who worked on behalf of the come, and I wish you and Mark and been confronted by Charlie Bakst’s red homeless or the poor or the disadvan- Scott well in your retirement. suspenders, unkempt hair, and ever- taged, and told their stories. He showed Mr. President, I yield the floor. present tape recorder, and chances are special courage in his unwavering ad- Mr. DORGAN. Mr. President, I sug- that afterwards, you found something vocacy for the rights of gays and les- gest the absence of a quorum.

VerDate Aug 31 2005 02:32 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.010 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8465 The ACTING PRESIDENT pro tem- ans worried about record high gas sion. But that misses the larger point. pore. The clerk will call the roll. prices and food prices. I hear from peo- For the last 7 years, the labor force has The bill clerk proceeded to call the ple from Galion to Gallipolis worried worked harder than ever, leading to roll. about good-paying jobs continuing to huge gains in productivity. Yet CEO Mr. BROWN. Mr. President, I ask move overseas. I hear people from Ash- salaries and bonuses, as we know, went unanimous consent that the order for tabula to Lima worried about health through the roof, middle-class Ameri- the quorum call be rescinded. insurance that costs more and covers cans’ wages stagnated, and more fami- The PRESIDING OFFICER (Mr. less. lies slipped below the poverty line. WHITEHOUSE). Without objection, it is I hear from food bank administrators While China manipulated its cur- so ordered. from Hocking County and from Lucas rency and ignored labor and environ- Mr. BROWN. Mr. President, I ask County struggling to keep up with de- mental standards, corporations took unanimous consent that following my mand, like Mike from the Warren the bait and abandoned American com- remarks, the Senator from North Da- County United Way, who estimates munities. And while hedge fund man- kota, Mr. DORGAN, be given time to that some 90 percent of local food bank agers irresponsibly leveraged real es- speak. patrons are working people, many tate holdings, millions of Americans The PRESIDING OFFICER. Without holding more than one job. lost their homes to foreclosure. In objection, it is so ordered. I hear from Ohioans who have, with- other words, while Wall Street enjoyed Mr. BROWN. Thank you, Mr. Presi- out complaint, dedicated their lives to an inflated stock market and a so- dent. hard work, only to see their financial called economic expansion, most Amer- FIGHTING FOR MIDDLE-CLASS FAMILIES security pulled out from under them, icans actually became worse off. Mr. President, last week, our Nation like Richard Wyers of Lorain in north- Despite these struggles wrought by 7 celebrated Labor Day for the 114th ern Ohio, a steelworker whose pension years of wrongheaded economic poli- year. We have come a long way since was slashed because his now-bankrupt cies, American workers are standing 1894. employer had simply not set enough strong and fighting for a better future. On my lapel, I wear a pendent that is money aside for payouts to that pen- At my roundtables in Ohio, I still hear a depiction of a canary in a bird cage. sion. the hope and the determination that Some 100 years ago, around the time The Government agency admin- defines my State and defines this great Labor Day began, mine workers used to istering the defunct firm’s assets has Nation. I hear from community leaders take a canary down into the mines. If told Richard he cannot even keep the and entrepreneurs with exciting plans the canary died from toxic gas or a money he has already received. In all, for the future, such as George Ward of lack of oxygen, the mine worker knew he owes more than $50,000. It is not a Kirtland, in northeast Ohio, the presi- he had to immediately get out of the mistake he made but a mistake they dent of his local firefighters’ union and mine. He had no union in those days made. Unfortunately, Richard is not a small business owner. George’s strong enough to protect him and no alone. Nearly 2,500 former employees of grandfather was a coal miner and his government in those days that cared the same bankrupt steel company have father was a United Auto worker. It is enough to protect him. been notified by the Pension Benefit this working class background that has In those days, a child born around Guaranty Corporation that they have motivated him to fight for expanded that time in our country—100 or so received overpayments this year. health care access—not just for his fel- In other parts of the State, workers years ago—had a life expectancy of 46, low firefighters but for his employees are facing more bad news. Bruce of Wil- 47, 48 years. A child born today in our and their families. mington has worked for ABX—the air He is, in his own words, ‘‘trying to great country has a life expectancy cargo provider for DHL—for 24 years. live the American Dream,’’ ‘‘trying to about three decades longer than that. He is married with five children, two of make a difference’’ in his community. Much of that is not just high-tech med- whom are in college. So you can imag- I hear from loyal workers who take icine and chemotherapy and heart ine Bruce’s anger when, earlier this pride in their work and are valued by transplants, that kind of thing; most of year, DHL announced it will pull its their employers, such as Richard Ade, the increased life expectancy in this business from ABX and that more than a security guard in Cleveland, who, country is about Medicare and Med- 8,000 workers at Bruce’s Wilmington after more than 5 years of stagnant icaid and Social Security and workers’ Air Park will lose their jobs. Bruce is wages, worked with his employer and compensation, protections for workers, not looking for a Government handout. outside groups to ensure that he and a prohibition on child labor, safe drink- He wants to work so he can support his his coworkers got the raises they de- ing laws, clean air and pure food and family and send his kids to college. served—which, ultimately, they did. Or drug laws—that kind of progress that In Norwalk last week, 20 miles from there is the story I heard about four has been made in this country that where I grew up, in Mansfield, 500 em- long-serving employees of Miba Bear- helps people live longer, happier, ployees were sent home from their jobs ings in McConnelsville. These four em- healthier lives. at Norwalk Furniture when executives ployees have been with the company Thanks to the workers’ rights move- had to halt operations. That is 500 for 55 years. They have worked every- ment, employees today, especially, more people who want to work but where in the plant: from the produc- enjoy better wages, better working can’t. tion line, to final inspection, to ship- conditions, better protections against In Tiffin, more than 100 workers are ping. When I asked if they were still discrimination. looking for jobs after the American productive, the company’s human cap- But as I travel around my State—I Standard plant there—a local institu- ital manager answered with obvious have held almost 120 community tion for almost 125 years—closed its pride: ‘‘All of our employees are pro- roundtables, inviting a cross section of doors in December. ductive.’’ 15, 20, 25 people, to listen to their con- In Van Wert, auto workers such as We need a government that similarly cerns and to tell me of their dreams, Sarah Sargent have seen their lives values loyalty and work ethic. For too and what we can do in my office, and to turned upside down since management long, those in power have ignored hard- help them locally in their commu- locked them out of their plant earlier working Americans, have ignored the nities—it is clear our Nation’s recent this year. The reason for the lockout: needs and dreams of the middle class, economic policies have not adequately Sarah and her 330 coworkers simply and have instead catered to the benefited workers. would not accept a substantial wage wealthiest Americans, and this is in a The American dream—the promise cut and a benefits freeze, so the com- country where always in the past we that if you work hard and play by the pany is contemplating a move to Mex- rewarded work. rules, your economic future will be ico. But it does not have to be that way. bright—should be the rule, but too General Motors is closing its plant in In Ohio, Governor Ted Strickland— often it is the exception. Moraine, a decision that will cost 1,200 elected 2 short years ago—already is As I travel the State, I hear about Ohioans their livelihoods. doing great work to attract new busi- widespread economic anxiety and a be- This string of bad news in Ohio can ness, to improve educational opportu- trayed middle class. I hear from Ohio- be blamed in part on our current reces- nities, and to revitalize the economy.

VerDate Aug 31 2005 00:49 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.031 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8466 CONGRESSIONAL RECORD — SENATE September 12, 2008 Here in Washington we can adopt Predator and one builds a plane called tract saying we promise to maintain measures right now—in honor of Labor the Warrior. They both have missions this housing for 50 years. Two of North Day—that would make a difference in that appear to me to be duplicative. Dakota’s bases are now in a contract working people’s lives, like extending You have duplicate spending on re- that presumably may get done next unemployment insurance. If Congress search and development, duplicate year. does not act before early October, spending on the airplanes themselves, I have raised a lot of questions about 800,000 unemployed Americans will stop duplicate spending on the missions in- it because the way the Pentagon has getting their much-needed checks, in- side the Pentagon. Who pays the cost? calculated this, they say it is better for cluding 330,000 from high unemploy- The American taxpayer. This is not the Pentagon. What about the tax- ment States such as Ohio. We must ex- new, but the competition inside the payer? Is it better for the American pand insurance for those vulnerable Pentagon shouldn’t cause the Amer- taxpayer? How is it that we decide to citizens. ican taxpayer to have to pay for ineffi- turn over housing stock—much of We should make sick leave a right of ciency and duplication. which is almost brand-new—free of employment, not a privilege. Employ- We have had discussions about this charge with a contract to a private ees should not have to choose between at hearings. It appears nothing is hap- company in exchange for a signature attending to their health and losing pening to describe what ought to hap- that they will maintain it for the next their job. We should pass the Employee pen. In this case it ought to be the Air 50 years? It seems to me as though Free Choice Act, which would allow Force who has the executive agency for there are a lot of questions that have more workers to bargain collectively. UAVs. Former chief of the Air Force, been unanswered, going back to the We know that means higher wages, bet- Buzz Moseley, who I think was an ex- Clinton administration and through ter benefits, a stronger middle class, a traordinary Air Force chief of staff, the Bush administration, that the more prosperous America. tried to resolve this and could not be- American taxpayers ought to have an- We should provide tax credits for al- cause he ran into the competition in- swered. There ought to be a funda- ternative energy investment, which side the Pentagon on this issue. My mental review of what is the total cost would help wean us off foreign oil and hope is the American taxpayer will not here, including depreciation taken by create new green collar jobs. In my have to continue to pay for duplication the private contractor and others. State, the Governor and I talk about of effort inside the Pentagon. What is the total cost of this privatiza- making Ohio the ‘‘Silicon Valley’’ of We all support this mission because tion of housing on our military bases? alternative energy. We can do that it greatly helps our soldiers, but I don’t What is the total cost to the taxpayer? with some help from the Federal Gov- support the kind of spending that un- I wanted to mention that in the con- ernment. We can do what we need to do necessarily duplicates efforts between text of the Defense authorization bill, in our State. the services. That certainly has been because I think these are a couple of Simply put, we need to celebrate the case with respect to unmanned aer- things that ought to be considered. Labor Day by turning our attention to ial vehicles. THE ECONOMY revamping our economic policies and I understand the Army wants to Mr. President, the presentation the changing the direction of this country. have—and should have—unmanned aer- Presiding Officer just gave on the floor The best way we can honor our Na- ial vehicles above the battlefield at of the Senate reminded me that—I be- tion’s workers is to set our Nation on 1,000 feet to 2,000 feet. But if they are lieve it was yesterday, or perhaps the that new path—a path that fights for flying unmanned aerial vehicles at day before—when it was announced middle-class families everywhere and 12,000 and 20,000 feet with sensors, it that our trade deficit for the month strengthens our country. seems to me that this is an Air Force was, I think, $62 billion, and nearly $25 Mr. President, I yield back. mission. Yet we now have two branches billion of that was with the country of Mr. DORGAN. Mr. President, we are of the service duplicating the effort China. My colleague who just spoke is on the Defense authorization bill, so I and the American taxpayer pays the from Ohio. I was thinking about the wanted to make a couple of comments, bill. I hope they will get this straight continued growth of exports from not about an amendment, but about at the Pentagon so that we begin to China into our country, building up a two issues that I hope those at the Pen- avoid some of these duplicative costs. very large trade deficit that we have tagon will take note of. Sometimes One other issue I might mention is with the rest of the world and espe- things don’t change very quickly and the issue of privatizing housing on our cially with China. The State of Ohio sometimes they don’t change at all military bases. This started in the has been especially hard hit. That is with respect to the way things are done Clinton administration and continues where they used to make Huffy bicy- at the Pentagon. through the Bush administration. The cles and don’t anymore because all of When I came to Congress, I joined a proposition is to take housing inside a those Huffy bicycles are now made in military reform caucus to try to re- military base that already exists and China. All the Ohio workers were fired form the way things are done at the turn it over to a private contractor and because they made $11 an hour plus Pentagon, but some folks there still be- say to the private contractor: We will benefits and that is way too much lieve there is an inexhaustible amount give you this free of charge. You can money, the company thought, to pay of money in pursuit of their desires. An own all of this housing. You sign a con- people working in a factory to make bi- example of that is the unmanned aerial tract with us saying that you will cycles. So they all got fired. These bi- vehicles, or UAVs—airplanes without maintain these houses for 50 years. cycles are now made in China by people pilots. It is a growing part of a number Then we will pay soldiers a monthly who work 12 hours a day, 7 days a of services. But what is happening in housing allowance, they in turn will week, for 30 cents, 40 cents an hour. By both the Army and the Air Force is pay that to the private contractor, and the way, I have described many times that both services are building and everybody is happy. for my colleagues the last day of work buying unmanned aerial vehicles in The question is: What does this cost with those Ohio workers after they what I think are duplicative programs. the American taxpayer? The military were fired. On their last day of work One calls their airplane the Predator. says: Well, it gets housing built more they put a pair of shoes in the parking The other calls it the Warrior. The quickly because they will not only turn space where their car used to sit. So as folks over at the Pentagon can’t deter- over existing housing stock free of they drove away, all that was left was mine who should be the executive agen- charge to a contractor, but they will a pair of shoes, and it was their plain- cy that oversees the unmanned aerial have the contractor build new housing tive way to say to that company: You vehicles. So you have two services and then fund it through the monthly can move our jobs to China, but you doing essentially the same thing. housing allowances that soldiers hand are not going to fill our shoes. Who wants to fly at 12,000 or 20,000 over to the independent contractor. Many workers across this country feet above the battlefield with an un- It is interesting to me that we now are discovering the same fate. I have manned aerial vehicle? Well, the Air have some foreign companies that own described—I won’t today—but Fig New- Force does, but the Army would like to military housing on American military ton cookies. Apparently it costs too as well. So one builds a plane called the bases, and they get it by signing a con- much to have people shovel fig paste in

VerDate Aug 31 2005 00:49 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.032 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8467 New Jersey, so now when you buy talk about irrelevancies. It is unbeliev- the interest. You can put the principal them, you are buying Mexican food be- able to me. and some of the interest on the back cause it is made in Monterey, Mexico. I came from a forum that we are side of your loan. In fact, if that Why? You can hire people for a whole holding on energy. Energy is a very im- doesn’t satisfy you, to get a mortgage lot less money in Mexico than you have portant issue, and it appears to me the from us at a teaser rate where you to pay for workers in New Jersey. The tipping point was finally $4 a gallon for don’t have to pay any principal and list goes on and on and on. The unbe- a gallon of gasoline. It ran up double in you don’t have to pay all of the inter- lievable part of this is we actually, as a year, from July to July. The price of est, we have even a better deal for you. a country—and this Congress, yes, pro- oil and gas doubled in a year. There is You can get what we call a no docu- vided a tax break to a company that no visible way for anyone to take a mentation loan. We won’t require that says: I am going to fire my American look at the numbers on supply and de- you document income. Or, you can get workers and move the jobs overseas. mand and say: Oh, that was justified. a partial doc—no doc, partial doc—no I have tried, I believe, four times on We understand why the price doubled interest, no principal. In fact, one com- the floor of the Senate to offer amend- in a year. That evidence doesn’t exist, pany said: You know what? You don’t ments and get votes on amendments by the way. There is no one who can have to pay any principal or any inter- that would shut down the tax break for come to the floor of the Senate and est. We will make the first 12 payments shipping jobs overseas. On each occa- say: Well, I know why the price of oil for you. sion, we have lost that vote. It is unbe- doubled in a year and the price of gaso- Now, is it surprising that an industry lievable to me. I mean, it is not as if I line doubled in a year; because nothing that was built on a foundation of greed, have colleagues who will stand up and happened in that year with respect to by brokers making big fees, putting say: Count me in for wanting to ship supply and demand that justified it. mortgages in the hands of people with American jobs overseas, but that is ex- What I think happened is what has teaser rates who could not possibly af- actly their position when they vote to happened in so many years of our Gov- ford to make the payments 3 years continue tax incentives for companies ernment. Regulators who are brain later when the interest rates were who fire their American workers and dead, flat out asleep like Rip Van reset—is it surprising that the tent col- go in search of 10-cent-an-hour labor. Winkle, while everything is happening lapsed when mortgages began to reset And yes, that exists. Yes, it exists, that around them, decided we are not going and people couldn’t possibly afford to workers in Ohio and elsewhere are told: to watch, so speculators took over the make the payments? We have people If you can’t compete with 12-year-olds oil market and drove it straight up. walking around here scratching their who work 12 hours a day and get 12 Recently it has come back down be- head in this town wondering what on cents an hour, tough luck, you are out cause some of that same speculative Earth happened. Where were the smart- of a job. money, just like a hurricane, came est guys in the room on Wall Street? This country has not yet come to right back out of it. Where were the smartest guys in the grips with the question of whether that It is not only in this area. It is in the room who were securitizing these secu- is what we spent 100 years creating a subprime mortgage area. Regulators— rities and sending them up the road so competitive, international environ- again, completely brain dead—and I am everybody could make money on the ment to compete with. Does that make sure they watched television in the way, understanding that even as they sense, that we should ask American morning, perhaps while they ate some locked in these mortgages with no doc- workers to compete with that stand- Grape Nuts at the kitchen table, and umentation, no principal payments, ard? I don’t think so. But I was re- they saw some advertisements by the perhaps no interest payments, or at minded of it by my colleague from mortgage bankers and others that said: least only partial interest payments, Ohio discussing what is happening. Hey, have you been bankrupt? Do you the little key on the bottom of the con- Just this week, again, we see the un- have bad credit? You can’t pay your tract was: Prepayment penalties. Sign believable trade deficit for one single bills? Come to us, we have a mortgage this line and you can’t get out of it. month, over $60 billion again, and that for you. We have all seen those ads Then, when the interest rates reset to is money that has to be repaid. That is over and over and over again. Guess triple or quadruple what they were and money that has to be repaid from our what. Those ads were a reflection of you can’t make the payment, we are country and our taxpayers to a foreign what was going on in an industry, right sorry, you can’t get out of it. government. It is one part of a whole under the noses of regulators who That is what allowed the big shots to series of things that reflect a very ur- didn’t seem to care, in which they built price these mortgages with respect to gent situation for this economy. an unbelievable system of bad mort- their expectation of future income in You wake up this morning and you gages and paired them with some de- the way they did. But is it a surprise see another major investment bank is cent mortgages, slicing them up into that this whole thing collapsed? That going to be sold. The prices for its securities. It is like when they used to is just one more example, and it has stock have collapsed. You wake up last pack sawdust into sausage and then happened in energy with speculation weekend and you hear the Treasury sliced and diced them, and then, by the and in virtually every area with regu- Secretary is preparing to take over, ef- way, because they had this carnival lators who decided they have no inter- fectively, Freddie Mac and Fannie Mae. going on, they securitize all of these est in regulating. Now we bear the cost A couple of weeks ago, Bear Stearns mortgages, move them up the line into of an economy that almost seems, to goes belly up. The largest mortgage hedge funds all over the world, and some, in free fall. banks go belly up. We see the largest then somebody decided one day: You We have massive problems with a trade deficits in history, the largest know what? These are bad mortgages. trade policy that doesn’t work. It con- budget deficits in history, and a fiscal We don’t even know who has them. We tinues to ship jobs overseas and to load policy that is completely off the rail. don’t know where they are in these se- the American people with massive We have a Presidential campaign, and curities. quantities of debt that must be repaid. we wake up every single day and we see Why were they bad mortgages? Well, We have a fiscal policy that the Presi- these unbelievable attacks: Lipstick on because regulators didn’t seem to care dent says is only about $400 billion, $450 a pig. Who are you offending? It is un- and there were advertised mortgages billion offtrack. But, of course, that is believable to me. that said: If you have bad credit, come not true. He knows that. Ours is a country that I think is to us. By the way, here is the mortgage The question is, How much do you being threatened to lose its dominance we will give you. We will give you a have to borrow in the coming fiscal in the world on critical issues, includ- mortgage where you don’t have to pay year? That is closer to $700 billion. So ing trade, fiscal policy, energy, and a any principal for a long time; just pay you have a total of over 10 percent of whole series of issues. Yet, somehow, if interest only. You may not want that. the country’s GDP that represents red you want to speak seriously about pol- We will give you a better mortgage ink for this year alone, trade and fiscal icy, you get interrupted by a bunch of than that. We will give you a mortgage policy debt. We can add to that the shysters who have decided that they where you don’t have to pay any prin- massive problem in energy. I will talk want to hijack the political system to cipal and you don’t have to pay all of about that for a moment.

VerDate Aug 31 2005 00:49 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.011 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8468 CONGRESSIONAL RECORD — SENATE September 12, 2008 I have talked about speculation and acle in our Constitution of every sec- ernment at the moment in that the the role of the speculators and of the ond year, every even-numbered year, international authority for the United regulators who didn’t want to watch. being able to grab the American steer- States to be operating in Iraq will ex- Now we are having summit meetings ing wheel and decide which way to pire at the end of this year. The U.N. and substantial angst about what we do nudge America. mandate, through the U.N. Security to put this back on track. My interest All the power in this country is in Council, expires at that time. is in doing a lot of everything. In my the power of one—one person casting Since last November, the administra- judgment, we should drill, and drill one vote on one day. It must be pretty tion has been negotiating what they more. I have had a bill introduced for a disappointing to them to take a look at call the Strategic Framework Agree- year and a half that opens the eastern the quality of the debate in our polit- ment that is intended to replace the gulf to drilling. In fact, all the gangs ical system at a time when the econ- international authority of the U.N. and the folks who are talking about omy of this country is at risk, when mandate. There have been two ques- these things on the Senate floor don’t there is so much to do and an urgent tions that have come up with respect want to open that. As you can see on need to make strong, good decisions, to what the administration is doing. this chart, this is water off of Cuba and see the irrelevancy come out every The first is the timeline. that will be leased. There are 500,000 single morning, particularly from one There are indications from Iraq that barrels of oil a day in this water off campaign. This country deserves much the Iraqi Government negotiators have Cuba that is being leased. The Cana- better. serious questions that weren’t antici- dians are leasing, Spain is leasing, and I hope between now and this election pated before. But the larger question we cannot lease because our oil compa- we will begin to see the attack dogs is, what entity of the Federal Govern- nies cannot do anything in this area that we saw at work in 2000 and 2004, ment has the authority to enter the because of the embargo against Cuba. which defined a new low in American United States into a long-term rela- That is absolutely absurd. We ought politics. In 2004, one of our colleagues tionship with another government? to drill. We ought to conserve. We who earned three Purple Hearts in These are serious issues. I submit the ought to take everything we use every Vietnam, went to Vietnam and served conditions under which we will con- day—appliances and lights—and we his country, was defined by the attack tinue to operate in Iraq militarily, dip- ought to make them all efficient. We dogs as someone who was less than pa- lomatically, economically, and even are moving quickly in that area. triotic. That was unbelievable. But culturally are not the sole business of Finally, we have to move dramati- that same effort is at work in this cam- any administration. We have questions cally in the area of renewable energy. paign. This country deserves a political about the legal justification under do- Every 15 years, it ought not be a sur- system and campaigns that give them mestic and international law for the prise that we huff and puff and thumb answers. Where would you take Amer- United States to operate militarily— our suspenders and bloviate about what ica? Where would you want to lead this and quasi-militarily, by the way—given we are going to do next, about where country? the hundreds of thousands of inde- we are going to drill next. How about I must say we only have less than 2 pendent contractors that are now es- something that is game changing? How months remaining, and the long-term sentially performing military func- about we change it so in 15 years from future of this country depends on us tions in that country. There are ques- now we are not saying the same things making good, right decisions about en- tions about the process by which the and that we are moving toward hydro- ergy, fiscal policy, health care, and U.S. Government decides upon and en- gen fuel cell vehicles? Seventy percent education, and about so many different ters into long-term relations with an- of the oil we use is in our vehicles. It issues, including trade policy, which is other nation—any nation. In that re- is a huge part of our consumption of the discussion I started with. gard, we have serious questions here oil. Mr. President, I started by speaking about the very workings of our con- To back up just a moment, we suck of Ohio and trade policy because my 85 million barrels a day out of this stitutional system of Government. colleague, Senator BROWN from Ohio, This administration has claimed re- planet, and one-fourth of it is used in has written a book about trade, and we peatedly, since last November, that it the United States. We have an appetite talked a great bit about it. It is but has the right to negotiate and enter for one-fourth of the oil produced every one of a series of very serious chal- day. Sixty-five percent of the oil comes into an agreement that will set the fu- lenges that he, I, and others should ex- ture course of our relations with Iraq from off of our shores, from Saudi Ara- pect will be discussed in some detail in bia, Kuwait, Venezuela, Iraq, and else- without the agreement or even the this campaign. So I hope in the next 60 ratification of the U.S. Congress. The where. The fact is, we have to find a days we will begin to see some of that. way to be less dependent upon foreign administration claims that the jus- I suggest the absence of a quorum. tification for this authority is the 2002 oil. We are always going to use oil and The ACTING PRESIDENT pro tem- coal. We have to use it differently, in congressional authorization for the use pore. The clerk will call the roll. of force in Iraq and, as a fallback posi- my judgment. The legislative clerk proceeded to tion, the President’s inherent author- But the question for us is, what do we call the roll. do that is truly game changing? How Mr. WEBB. Mr. President, I ask ity, from the perspective of this admin- about hydrogen fuel cell vehicles, and unanimous consent that the order for istration, as Commander in Chief. Both of these justifications are pat- before that perhaps electric drive vehi- the quorum call be rescinded. cles. Hydrogen is everywhere. You can The ACTING PRESIDENT pro tem- ently wrong. The 2002 congressional au- take energy from the wind and produce pore. Without objection, it is so or- thorization to use force in Iraq has electricity and use electricity in the dered. nothing to do with negotiation with a process of electrolysis and generate hy- Mr. WEBB. Mr. President, I ask the government, which replaced the Sad- drogen from water and use hydrogen Chair what is the business of the Sen- dam Hussein government, as to the fu- for vehicle fuel. You will get twice the ate? ture relations culturally, economi- effective power to wheel and put water The ACTING PRESIDENT pro tem- cally, diplomatically, and militarily vapor out of the tailpipe. Wouldn’t that pore. The Senate is considering S. 3001. between our two countries. On the be wonderful? Mr. WEBB. Mr. President, I intro- other hand, we are now faced with the We are not going to have game- duced an amendment earlier today to reality that the U.N. mandate will ex- changing strategies if every 15 years S. 3001. I would like to take some time pire at the end of this year, and that the next effort on energy is to figure to explain this amendment to the Sen- expiration will terminate the authority out where we drill next. Let’s drill ate. I ask unanimous consent to speak under international law for the United next, but let’s do something that for 10 minutes. States to be operating in Iraq at a time makes us less dependent on the need The ACTING PRESIDENT pro tem- when we have hundreds of thousands of for this oil, particularly oil coming pore. Without objection, it is so or- Americans on the ground in that coun- from outside of our country. dered. The Senator may proceed. try. It is, I expect, pretty depressing for Mr. WEBB. Mr. President, we are in I and other colleagues have been the American people who have the mir- an odd situation in the business of Gov- warning of this serious disconnect for

VerDate Aug 31 2005 00:49 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.013 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8469 10 months. Many of us were trying to tion has fully agreed to consult with As we debate the Defense bill this say last November that the intention the Congress regarding all the details week, we must consider the most im- of this administration was to proceed of the Strategic Framework Agreement portant national security question fac- purely with an executive agreement to and the Status of Forces Agreement ing the Nation today: Will we stick drag this out until the Congress was and that there would be copies of the with the same failed, out-of-touch for- going to go out of session, as we are full text of these agreements provided eign policy of George Bush, DICK CHE- about to do, and then to present essen- to the chairman and ranking minority NEY, and JOHN MCCAIN, which military tially a fait accompli in the sense that members of the appropriate commit- experts and historians call the worst with the expiration of the inter- tees in the House and the Senate prior foreign policy in our Nation’s history national mandate from the United Na- to the entry into either of those agree- or will we change course to a more tions at the end of the year, something ments. tough, responsible foreign policy that would have to be done, and that some- Importantly, it also says any Stra- will make us more secure? thing would be an executive agreement tegic Framework Agreement that has The choice could not be more impor- that, to this point, Congress has not been mutually agreed upon by the ne- tant, but the answer could not be clear- even been allowed to examine. gotiators from our executive branch er. Senator OBAMA and Senate Demo- We have not been able to see one and Iraqi Government officials will crats stand for responsible change. We word of this agreement. We tried to en- cease to have effect unless it is ap- believe we must end the war in Iraq ergize the Congress. We have met with proved by the Congress within 180 days and bring the war on terror to where all of the appropriate administration of the entry into force of that agree- the terrorists actually live and where officials. There have been hearings. ment. they plot. We know our focus must re- There have been assurances from the On the one hand, this agreement rec- turn to Osama bin Laden and his al- administration that they will consult ognizes the realities of where we are in Qaida network in Afghanistan and at the appropriate time. We have not terms of timelines, but on the other, it Pakistan and wherever they might be. seen anything. So we are faced with protects the constitutional processes This approach stands on the right this situation that is something of a by which we are entering into long- side of the American people and the constitutional coup d’etat by this ad- term relationships with other coun- right side of history. According to re- ministration. At risk is a further ex- tries, whether it is Iraq or Cameroon or cent press reports, even the Bush ad- pansion of the powers of the Presi- Burundi or pick a country. We need to ministration has begun to align its ac- dency, the result of which will be to af- preserve this process. It does it in a tions with this policy. firm, in many minds, that the Presi- way which will not disrupt our oper- Take Pakistan, for example. For dent—any President—no longer needs ations in Iraq. years, Senator OBAMA and Senate the approval of Congress to enter into I urge my colleagues to join me on Democrats have been calling on the long-term relations with another coun- this amendment and protect the pre- Bush administration to hunt down try, in effect, committing us to obliga- rogatives of the Congress under the Osama bin Laden and the al-Qaida net- tions that involve our national secu- Constitution of the United States. work, wherever they may be located. rity, our economic well-being, our dip- I yield the floor and suggest the ab- As it became clear that al-Qaida had lomatic posture around the world, sence of a quorum. made Pakistan the central focus of its without the direct involvement of the The ACTING PRESIDENT pro tem- operation, Democrats called on the U.S. Congress. pore. The clerk will call the roll. President to make Pakistan a central That is not what the Constitution in- The legislative clerk proceeded to focus of our war to defeat al-Qaida. tended. It is not in the best interest of call the roll. Here is what Senator OBAMA said last our country. This amendment, which I Mr. REID. Mr. President, I ask unan- year: filed today, is designed to prevent this imous consent that the order for the . . . Let me be clear. There are terrorists sort of imbalance from occurring and, quorum call be rescinded. holed up in those mountains who murdered at the same time, it recognizes the re- The ACTING PRESIDENT pro tem- 3,000 Americans. They are plotting to strike again. . . .If we have actionable intelligence alities of the timelines that are now in- pore. Without objection, it is so or- about high-value terrorist targets and [the volved with respect to the loss of inter- dered. Pakistani leadership] won’t act, we will. I national authority for our presence in Mr. REID. Mr. President, it is good will not hesitate to use military force to Iraq at the end of this year. that we are debating the Defense au- take out terrorists who pose a direct threat This amendment is a sense of the thorization bill. It is appropriate we to America. Congress. On the one hand, it is a sense are debating this bill at a time when While Senator OBAMA sounded the of the Congress that we work with the certainly America’s security is at risk. alarm about the al-Qaida threat in United Nations to extend the U.N. As I indicated, we are debating the Pakistan and called for a forceful and mandate up to an additional year, giv- Defense authorization bill, which en- comprehensive strategy to fight this ing us some additional international sures America’s military capabilities threat, George Bush and JOHN MCCAIN authority for being in Iraq, taking are strong and focused on the major chose, stunningly, to ignore it. The away the pressure of this timeline that threats to our great country. President kept the bulk of our ground could be used to justify an agreement We live in a dangerous and unpredict- troops and our special operations that the Congress hasn’t had the abil- able world. It is a world where North forces and our intelligence assets tied ity to examine, but also saying that an Korea’s leader has fallen ill. This ill- down in Iraq in a war that had nothing extension of the U.N. mandate would ness could put a nuclear-armed regime to do with Osama bin Laden and the end at such time as a Strategic Frame- at risk of implosion because there is no terrorists who attacked. work Agreement and a Status of successor named or thought of, to our Republicans, led by JOHN MCCAIN, at- Forces Agreement between the United knowledge, in North Korea. tacked OBAMA’s approach to forcefully States and Iraq are mutually agreed We live in a world where Latin Amer- go after al-Qaida in Pakistan. Senator upon. ican regimes throw out U.S. Ambas- MCCAIN even had the bad judgment on The amendment also makes the point sadors without notice, where an un- the campaign trail this past February that the Strategic Framework Agree- checked Russia can undermine young to call the Obama approach naive. ment now being negotiated between democracies from West to East. Here we stand a year later. The al- the United States and Iraq poses sig- I was recently in Bolivia. I had not Qaida threat in Pakistan has grown far nificant, long-term national security too long ago been in Georgia. I met more dangerous. The need for tough ac- implications for this country. That with part of their Government today a tion, as Senator OBAMA called for last would be the sense of the Congress. We few feet from this Chamber. So we have year, is even more urgent. BARACK need to be saying that; the Iraqis need to be concerned about an unchecked OBAMA was right; George Bush, DICK to hear it. Russia. CHENEY, and JOHN MCCAIN were wrong. The amendment also puts Congress Our dangerous world calls for leaders Then, yesterday, the newspapers re- and the administration on record to with sound judgment, not those with ported that senior Bush administration the reality that the Bush administra- temperament prone to recklessness. officials had begun doing what OBAMA

VerDate Aug 31 2005 02:32 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.014 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8470 CONGRESSIONAL RECORD — SENATE September 12, 2008 called for a long time ago: go after al- will have ample opportunity to make be a real slap in the face to one of Qaida safe havens in Pakistan, report- their positions known on these critical America’s great legislators not to com- edly including military operations national security issues that will chart plete this legislation. against terrorist camps. That is pre- our course in the world for years to The PRESIDING OFFICER. The sen- cisely the Obama approach MCCAIN come. ior Senator from Virginia. called naive. But news reports indicate It will also give the American people Mr. WARNER. Mr. President, I am we are already starting to see results. the opportunity to see who stands with deeply humbled by the comments of Given the known history of Bush- failed policies of the past and who is the distinguished leader and many McCain foreign policy mistakes that ready to lead us to the change we need. other colleagues, but I am optimistic. we have all suffered through for the Senator LEVIN and Senator WARNER Senator LEVIN and I—who have spent a past 8 years, I have concerns and ques- announced yesterday that today they good deal of time with Leader MCCON- tions about the Bush administration’s would be happy to listen to what any- NELL this morning—believe there is a actions. It is one thing to take OBAMA’s one had to say about amendments they momentum on both sides to move to a playbook, but it is another thing to wish to offer on this bill. The same ap- conclusion. Senator LEVIN and I are call the right plays. plies to Monday. We need to move be- going to talk to some particulars pret- I think we should all ask tough ques- yond where we are. There are some who ty soon, but I am pleased to say that I tions and demand the White House ex- want us to get virtually nothing done think our staffs are going to finish an plain their Pakistan strategy in great- on this Defense authorization bill. agreement over this weekend on 60 er detail to give us confidence that There are so many reasons why it is amendments, just to give some idea of they will get the job done right. important we get this bill done. It the magnitude of progress we have The Bush administration’s adoption would be the first time in five decades made thus far. of the Obama plan came months too that this body has not passed a Defense But I thank the distinguished leader late but, nevertheless, better late than authorization bill. This bill is loaded for his personal remarks. We have had never. The shift is not just limited to with provisions that are good for the a long working relationship. We start- Pakistan. Across the globe, the Bush security of our Nation, good for the ed together on a subcommittee in the administration is quietly acknowl- maintenance of a military that is Environment Committee years and edging that Senator OBAMA’s vision has strong and vibrant, and make our years ago—20-some-odd years ago. That been right all along. troops happier—a 3.9-percent pay raise, was the beginning of our long, mar- On Afghanistan, where for years Sen- among other items, they deserve and velous friendship. ator OBAMA and Senate Democrats they need. I thank the leader. have been demanding more resources I have informed the two managers of CLOTURE MOTION and a new strategy, things are chang- the bill I think it is appropriate at this Mr. REID. Mr. President, I send to ing. Senator MCCAIN, on the other time that we file a cloture motion in the desk a cloture motion. hand, said: ‘‘Afghanistan is not in trou- an effort to bring this matter to a con- The PRESIDING OFFICER. The clo- ble because of our diversion to Iraq.’’ clusion. We are going to have a vote on ture motion having been presented Listen to that again. MCCAIN said: cloture on this most important bill under rule XXII, the Chair directs the ‘‘Afghanistan is not in trouble because sometime on Tuesday. I am going to clerk to read the motion. of our diversions to Iraq.’’ work with the managers of the bill and The assistant legislative clerk read That is a direct quote. Senator MCCONNELL to find out what as follows: After years of resisting, Republicans their wishes are. But we must move on. CLOTURE MOTION in recent weeks have been inching to- It would be a shame if we do not pass We, the undersigned Senators, in accord- ward the Obama plan for reinforcing this legislation. ance with the provisions of rule XXII of the Afghanistan. On Iran, where Bush and Having said all that—and I could a Standing Rules of the Senate, hereby move MCCAIN criticized OBAMA’s vision for say a lot more—one of the reasons we to bring to a close debate on S. 3001, the Na- tough and effective face-to-face diplo- should pass this bill is because of Sen- tional Defense Authorization Act for Fiscal Year 2009. macy, even as they quietly agreed to ator WARNER. I am sure the State of face-to-face diplomacy and started Virginia has had great legislators over Carl Levin, Patrick J. Leahy, Bernard Sanders, Robert P. Casey, Jr., Claire sending State Department officials to the years. I don’t know them all. I have McCaskill, Sheldon Whitehouse, Ben- negotiations with the Iranians. And on served with a number of them. But I jamin L. Cardin, Robert Menendez, Bill Iraq, where Bush has finally begun to have to say that in my experience in Nelson, Charles E. Schumer, Richard slowly inch toward the Obama plan for Government, you don’t run very often Durbin, Thomas R. Carper, Patty Mur- holding the Iraqis more accountable by into somebody of the caliber of JOHN ray, Amy Klobuchar, Jon Tester, Jeff putting in place a timeline for change WARNER. The Commonwealth of Vir- Bingaman, Harry Reid. in the military mission and the rede- ginia has been so well served by this The PRESIDING OFFICER. The Sen- ployment of our troops. But, of course, great American patriot, and he has de- ator from Michigan. not JOHN MCCAIN. voted so much time—I was trying to Mr. LEVIN. Mr. President, first, let Our country deserves more than come up in my mind on a percentage me thank the leader for his great sup- token shifts and lipservice to change. basis how much of his time has been port of this bill. I think the leadership It will take decisive leadership to re- spent on the defense duties he has. on both sides really wants this bill to verse 8 long years of tragic foreign pol- Mr. WARNER. Thirty years. be adopted. We are going to have to icy mistakes. That is exactly what Mr. REID. But the vast majority of move early next week to get it adopted Senator OBAMA and Senate Democrats his 30 years in the Senate, Mr. Presi- if we are going to make it. We not only offer: real responsible change. dent, has been spent legislatively on have other business to do in the Senate Senator MCCAIN and his supporters securing the security of our Nation. which is critical, but we have to get it are dead set against changing the Bush There will be other opportunities, I to conference and get it back from con- administration’s failed policies. They am confident, to express my admira- ference and get a conference report have no plan for ending conflict, no tion and respect and affection for JOHN voted on before we recess or adjourn. plan for securing our country, no plan WARNER, but I hope people on his side So we have a lot of work ahead of us. for bringing our troops home. of the aisle appreciate him as much as But we are here. Senator WARNER Republicans talk a lot about experi- we do. He is truly a wonderful legis- and I and our staffs are here. We have ence. But when you are the author, ar- lator and human being. We need to get met with a lot of Senators relative to chitect, and enabler of 8 years of dev- this bill done for him. Every Democrat their amendments. Our goal is the fol- astating foreign policy mistakes, that will vote for cloture on this piece of lowing: that on Monday, we enter into is not experience; it is very bad judg- legislation—there are 51 of us—and we a unanimous consent agreement set- ment. need 9 Republicans to join with us so ting out what votes on what amend- In the coming days, as we wrap up that we can finish this piece of legisla- ments would be held on Tuesday, both debate on the Defense authorization tion. I hope we can do that. It is the morning and afternoon. That is our bill, Senators on both sides of the aisle right thing to do, and I think it would goal.

VerDate Aug 31 2005 02:32 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.015 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8471 We have spoken with many Senators tees and this institution vis-a-vis the for the Defense Department is over $500 about their amendments. As Senator executive branch and whether we are billion, excluding the money we spent WARNER just indicated, we hope to be going to have a robust power of the in Iraq and Afghanistan, which is more able to clear perhaps 50 or 60 amend- purse or whether that is going to be di- than half of the discretionary budget of ments, 15 or 20 of which are already minished in any way. I think we are our country. So it seems to me that cleared. That is our goal, to get our making great progress in showing to with regard to any of the agencies out cleared amendments passed and to set our colleagues the implications of there, we should be very active in tak- up, in a unanimous consent proposal some of the proposals, and we are going ing a hard look at the waste, fraud, and for Monday, the way in which we would to continue to make progress in that abuse that takes place within the De- vote on various amendments, with regard. fense authorization bill. time agreements and whether there are Mr. WARNER. Now, Mr. President, I The amendment I am offering with 50 votes or 60 votes, and so forth, on would suggest the Senator should now Senators FEINGOLD and WHITEHOUSE is Tuesday. That is our goal. move to morning business and get off pretty simple and straightforward. I would hope, for the reasons the ma- this bill. We are cleared on this side. Today, more than half of the spare jority leader just gave, that because f parts in the Air Force warehouses— this bill is so critically important to MORNING BUSINESS over $18 billion—are not needed. That the men and women in the Army and is $18 billion in spare parts which are Mr. LEVIN. Mr. President, I ask to the security of this Nation—not just not needed. In fact, if you can believe unanimous consent that we move to the Army but the men and women of it, the Air Force has on order $235 mil- morning business and that the first our Armed Forces and to the security lion in inventory already identified as person recognized be Senator SANDERS, of this Nation—that we will get this ready for disposal. They are spending who is always very patient. bill passed. The only way we can get it $235 million to bring inventory in The PRESIDING OFFICER. Without passed is if sometime early next week which is going to go out because they objection, it is so ordered. we are able to pass it; otherwise, we do not need it. That may make sense to The Senator from Vermont. cannot get the work done in conference somebody, but it certainly does not Mr. SANDERS. Mr. President, I and back here to the Senate and to the make sense to me. White House. would just concur, if I might, with the So I thank my good friend from Vir- fine words of Senator REID. I have not The truth is that this type of waste- ginia. I think the comments of the ma- known Senator WARNER all that long, ful practice has gone on year after jority leader are comments which but clearly he is what a Senator should year, resulting in an enormous waste of should be shared by every single Mem- be. He is thoughtful, intelligent, and taxpayer money, and it must be ended. ber of this body relative to the capa- respectful of other points of view. Our amendment does three things: No. bility and the leadership and the patri- While he and I may not agree on every 1, it requires the Secretary of Defense otism of Senator WARNER. It is always issue, I have appreciated working with to develop a comprehensive plan for a pleasure to work with him. This may him, and I applaud him for his service improving the inventory system. No. 2, be one of our greatest challenges, but to this country. it requires the certification to Con- we have a long history of being able to Mr. WARNER. I thank my colleague gress that the Army, Navy, Air Force, work together on a bipartisan basis to for his remarks. and Defense Logistics Agency have re- address these kinds of challenges. He Mr. SANDERS. Mr. President, I did duced their secondary inventory. No. 3, has led this committee. We have had want to say a word or two on the De- it fences off $100 million in inventory many great members of the committee. fense authorization bill and to indicate purchases until the Secretary of De- Staff is working very hard, and I am that my staff has been working with fense makes required certifications. optimistic going into the weekend that the staff of Senators LEVIN and WAR- Mr. President, I would remind the we will be able to get that unanimous NER. I hope we can work out an agree- Members of the Senate of one of the consent agreement worked out on Mon- ment on an important amendment I most significant speeches ever given by day. have authored along with Senators a President of the United States, and Mr. WARNER. Mr. President, I thank FEINGOLD and WHITEHOUSE. that President was Dwight David Ei- my colleague. f senhower, who, as all Americans should We are working on a draft UC for DEFENSE SPENDING know, was a five-star general and the Monday, and I wish to point out that military commander of Europe during those amendments which have been Mr. SANDERS. Mr. President, this World War II. He was, in fact, one of brought to our attention requiring country has a $9.7 trillion national the great heroes in the defeat of na- votes, we are going to try to achieve debt. In addition, we obviously have zism. Eisenhower, who became Presi- that prior to the invoking of cloture; enormous unmet infrastructure needs dent in 1952—though it is not widely am I not correct? and social needs. Every American who known—was extremely vocal in taking Mr. LEVIN. The Senator is correct. drives on the road or goes over a bridge on not only Democrats—he was a Re- Mr. WARNER. And we are trying to understands that we need to spend bil- publican—but Republicans as well in protect, on both sides, an equal number lions of dollars rebuilding our infra- saying that every nickel we spent on of Senators who have come to us and structure. Forty-six million Americans excess and wasteful military spend- sought that protection. have no health insurance. We have the ing—something which he knew some- Mr. LEVIN. The Senator is correct. highest rate of childhood poverty in thing about as a former five-star gen- Mr. WARNER. I thank Senators the industrialized world. In other eral—was simply taking money away DEMINT and COBURN for working with words, we as a nation have enormous from the needs of the American people. us last night on an important issue not needs, and it is incumbent upon the only to the underlying question of how Congress to do everything we can to A few days before he left office in this body is going to handle certain de- take a hard look at fraud, waste, and 1961, President Eisenhower gave one of sires of individual Senators to get abuse in every agency of the U.S. Gov- the most prophetic speeches ever made funds to their States, but it is the pres- ernment, including the Defense Depart- from the White House, and here is what ervation of the jurisdiction of the au- ment. Eisenhower said: thorizing committee, of our author- I know many of my colleagues come In the councils of Government, we must izing committee as well as other au- down here and take a hard look at this guard against the acquisition of unwarranted thorizing committees in the Senate. So issue. They take a hard look at that influence, whether sought or unsought, by that is fundamental to the resolution issue, but for some reason or another, the military-industrial complex. The poten- of that problem, and I think we have looking at the Defense Department tial for the disastrous rise of misplaced power exists and will persist. made progress there. seems to be off their radar screen, and Mr. LEVIN. We have. There is no I think that is wrong. I think that is This is what Eisenhower said before more fundamental question to this in- especially wrong given the fact that he left office in 1961. He was talking stitution than the role of our commit- the budget we are looking at right now then about the military industrial

VerDate Aug 31 2005 00:49 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.028 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8472 CONGRESSIONAL RECORD — SENATE September 12, 2008 complex. Well, let me tell you some- never be repaid. They have earned our undy- the budget resolution by $958 billion for thing. If he was worried about the mili- ing gratitude. America will never forget budget authority and $591.1 billion for tary industrial complex and the influ- their sacrifice. outlays while current level revenues ence they have in distorting national Indeed, our Nation will never forget are above the budget resolution level priorities in this country in 1961, I can their bravery or their sacrifice as it by $56.7 billion. only imagine what he would think lives on today in the men and women I ask unanimous consent that the about the power of the military indus- of our armed services who display the letters and accompanying tables from trial complex today. same honor and continue to defend the CBO be printed in the RECORD. So, Mr. President, clearly we want to same principles. There being no objection, the mate- have a very strong defense, clearly we I ask unanimous consent that the rial was ordered to be printed in the want to make sure our soldiers have all names of the 38 World War II veterans RECORD, as follows: of the equipment they need, but we from the Commonwealth be printed in U.S. CONGRESS, have to take a hard look at the Defense the RECORD. CONGRESSIONAL BUDGET OFFICE, Department, as we do at every other There being no objection, the mate- Washington, DC, September 11, 2008. agency of Government, and I would Hon. KENT CONRAD, rial was ordered to be printed in the Chairman, Committee on the Budget, hope very much that the amendment RECORD, as follows: U.S. Senate, Washington, DC. Senators FEINGOLD, WHITEHOUSE, and I IN MEMORY OF DEAR MR. CHAIRMAN: The enclosed report have offered will, in fact, be accepted. shows the effects of Congressional action on Howard Clifton Enoch, Jr. f the fiscal year 2008 budget and is current WORLD WAR II VETERANS through September 8, 2008. This report is TRIBUTE TO HONOR FLIGHT George Arflack; William Atkinson; Harold submitted under section 308(b) and in aid of section 311 of the Congressional Budget Act, Mr. MCCONNELL. Mr. President, I Ausmus; Ruben Avila; Fredrick Balke; John as amended. would like to take a moment to recog- Beyer; Hubert Wessel; Lorell Roberts; James Smith; Harlan Barton; Raymond Bloemer, The estimates of budget authority, out- nize the fourth Honor Flight from Ken- Sr.; John Blossom; Fred Bryan; Phillip lays, and revenues are consistent with the tucky that took place this week. Honor Chapelle; Eugene Thurman; John Bruggen- technical and economic assumptions of S. Flight is a nonprofit organization smith; Leslie Cohen; Clarence Crawford; Con. Res. 70, the Concurrent Resolution on which transports surviving World War James ‘‘Art’’ Cutliff. the Budget for Fiscal Year 2009, as approved II veterans from around the country to Wayne Tabor; Herman Sasse; Charles by the Senate and the House of Representa- see their memorial free of charge. I Devers; Henry ‘‘Don’’ Donaldson; Matthew tives. Pursuant to section 204(a) of S. Con. Res. have been privileged to have partici- Flanagan; Robert Carrico; Robert Hall; Ed- ward Jackey; Clyde Logsdon; Leonard 21, provisions designated as emergency re- pated in previous flights from Ken- quirements are exempt from enforcement of tucky, and I very much regret that my O’Dell; Edward Oechsli; Bernard O’Hare; John O’Keefe; Blond Puckett; Leslie ‘‘Dan’’ the budget resolution. As a result, the en- schedule prevented me from attending Stickler; Charles Tribble; Ernest Spencer; closed current level report excludes these this one. I hope to have the oppor- Harold Phillips; Joseph Riney. amounts (see footnote 2 of Table 2 of the re- tunity to meet again soon with the in- port). spiring veterans from my home state f Since my last letter, dated July 9, 2008, the Congress has cleared and the President has on future Honor Flight trips. BUDGET SCOREKEEPING REPORTS signed the following acts that affect budget On Wednesday, Honor Flight’s Blue- authority, outlays, or revenues for fiscal Mr. CONRAD. Mr. President, I rise to grass Chapter arrived in Washington year 2008: with 38 World War II veterans from the submit to the Senate the second set of Medicare Improvements for Patients and Commonwealth to see the memorial budget scorekeeping reports for the Providers Act of 2008 (Public Law 110–275); which they inspired. These brave 2009 budget resolution. The reports, Housing and Economic Recovery Act of Americans also paid tribute to one of which cover fiscal years 2008 and 2009, 2008 (Public Law 110–289); and their fellow Kentuckians who gave his were prepared by the Congressional Higher Education Opportunity Act (Public Law 110–315). last full measure of devotion in March Budget Office pursuant to section 308(b) and in aid of section 311 of the Sincerely, 1945. 2LT Howard Clifton Enoch, Jr., of ROBERT A. SUNSHINE Marion, Kentucky, paid the ultimate Congressional Budget Act of 1974, as (For Peter R. Orszag, Director). sacrifice while engaging with enemy amended. Enclosure. aircraft over Germany. The reports show the effects of con- Earlier this year, the Department of gressional action through September 8, TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- Defense honored its promise to account 2008, and include legislation that was ING AND REVENUES FOR FISCAL YEAR 2008, AS OF for every one of its men and women, enacted since I filed my last reports in SEPTEMBER 8, 2008 and, more than 60 years later, the re- July. The new legislation includes: [In billions of dollars] mains of Second Lieutenant Enoch Public Law 110–275, the Medicare Im- Current level Budget resolu- 2 were repatriated. He will find his final provements for Patients and Providers 1 Current level over/under tion ¥ resting place among other American Act of 2008; Public Law 110–287, a joint ( ) resolution heroes at Arlington National Cemetery resolution approving the renewal of im- ON-BUDGET later this month. The son of Lieuten- port restrictions contained in the Bur- Budget Authority ...... 2,456.2 2,451.0 ¥5.2 Outlays ...... 2,437.8 2,435.3 ¥2.4 ant Enoch, Mr. Howard Enoch III, trav- mese Freedom and Democracy Act of Revenues ...... 1,875.4 1,878.4 3.0 eled with the veterans from Kentucky 2003; Public Law 110–289, the Housing OFF-BUDGET to honor his father, who he never knew. and Economic Recovery Act of 2008; Social Security Outlays 3 463.7 463.7 0.0 Social Security Reve- I would like to convey my deepest ap- and Public Law 110–315, the Higher nues ...... 666.7 666.7 0.0 preciation to Mr. Enoch for his father’s Education Opportunity Act. The esti- 1 S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal Year service and to his family for their sac- mates of budget authority, outlays, 2009, assumed $108.1 billion in budget authority and $28.9 billion in out- rifice. and revenues are consistent with the lays for overseas deployment and related activities. The Supplemental Appro- priations Act, 2008 (P.L. 110–352) designated funding for these activities I also wish to express my tremendous technical and economic assumptions of as an emergency requirement, pursuant to section 204(a) of S. Con. Res. gratitude to the 38 Kentucky veterans S. Con. Res. 70, the 2009 budget resolu- 21, the Concurrent Resolution on the Budget for Fiscal Year 2008. Such emergency amounts are exempt from the enforcement of S. Con. Res. 70. who were here on Wednesday for hav- tion. Since current level totals exclude the emergency requirements enacted in ing served to protect our great Na- For 2008, the estimates show that P.L. 110–252 (see footnote 2 of table 2), budget authority and outlay totals specified in S. Con. Res. 70 have also been reduced for purposes of com- tion’s principles from the enemies of current level spending is below the parison. budget resolution by $5.2 billion for 2 Current level is the estimated effect on revenue and spending of all leg- freedom. The inscription on the west- islation, excluding amounts designated as emergency requirements (see ern corner of their monument—a quote budget authority and $2.4 billion for footnote 2 of table 2), that the Congress has enacted or sent to the Presi- dent for his approval. In addition, full-year funding estimates under current by President Harry S Truman—perhaps outlays while current level revenues law are included for entitlement and mandatory programs requiring annual best puts into words those sentiments: are above the budget resolution by $3 appropriations, even if the appropriations have not been made. 3 Excludes administrative expenses of the Social Security Administration, Our debt to the heroic men and valiant billion. For 2009, the estimates show which are off-budget, but are appropriated annually. women in the service of our country can that current level spending is below Source: Congressional Budget Office.

VerDate Aug 31 2005 02:32 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.029 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8473 TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2008, AS OF SEPTEMBER 8, 2008 [In millions of dollars]

Budget authority Outlays Revenues

Previously Enacted: 1 Revenues ...... n.a. n.a. 1,879,400 Permanents and other spending legislation ...... 1,441,010 1,394,887 n.a. Appropriation legislation ...... 1,604,649 1,635,118 n.a. Offsetting receipts ...... ¥596,805 ¥596,805 n.a. Total, Previously enacted ...... 2,448,854 2,433,200 1,879,400 Enacted this session: Supplemental Appropriations Act, 2008 (P.L. 110–252) 2 ...... 0 7 0 Medicare Improvements for Patients and Providers Act of 2008 (P.L. 110–275) ...... 1,942 1,924 1 Housing and Economic Recovery Act of 2008 (P.L. 110–289) 2 ...... 203 203 ¥968 Higher Education Opportunity Act (P.L. 110–315) ...... ¥10 0 O 2,135 2,134 ¥967 Total Current Level 1,2 ...... 2,450,989 2,435,334 1,878,433 Total Budget Resolution 4 ...... 2,564,237 2,466,678 1,875,401 Adjustment to the budget resolution for emergency requirements 5 ...... ¥108,056 ¥28,901 n.a. Adjusted Budget Resolution ...... 2,456,181 2,437,777 1,875,401 Current Level Over Budget Resolution ...... n.a. n.a. 3,032 Current Level Under Budget Resolution ...... 5,192 2,443 n.a. 1 Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal Year 2009: National Defense Authorization Act for Fiscal Year 2008 (P.L. 110–181), Economic Stimulus Act of 2008 (P.L. 110–185), Andean Trade Preference Extension Act of 2008 (P.L. 110–191), Ensuring Continued Access to Student Loans Act of 2008 (P.L. 110–227), Consolidated Natural Resources Act of 2008 (P.L. 110–229), Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (P.L. 110–232), Food, Conservation, and Energy Act of 2008 (P.L. 110–234), SAFETEA–LU Technical Corrections Act of 2008 (P.L. 116–244), and Heroes Earnings Assistance and Relief Act of 2008 (P.L. 110–245). 2 Pursuant to section 204(a) of S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so designated for Fiscal Year 2008, which are not included in the current level total, are as follows: Budget authority Outlays Revenues

Supplemental Appropriations Act, 2008 (P.L. 110–252) ...... 115,808 35,350 n.a. Housing and Economic Recovery Act of 2008 (P.L. 110–289) ...... 4,106 187 n.a.

119,914 35,537 n.a. 3 For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level excludes these items. 4 Periodically, the Senate Committee on the Budget revises the totals in S. Con. Res. 70, pursuant to various provisions of the resolution: Budget authority Outlays Revenues

Original Budget Resolution ...... 2,563,262 2,465,711 1,875,392 Revisions: For the Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (SPR Act) (section 323(d)) ...... ¥950 ¥950 0 For the Heroes Earnings Assistance and Relief Tax Act of 2008 (Heroes Act) (section 323(d)) ...... 0 0 8 For adjustment to debt service for the SPR and Heroes acts (section 323 (d)) ...... ¥7 ¥7 0 For the Medicare Improvements for Patients and Providers Act of 2008 (sections 221(f) and 227) ...... 1,942 1,924 1 For the Higher Education Opportunity Act (section 222) ...... ¥10 0 0

Revised Budget Resolution ...... 2,564,237 2,466,678 1,875,401 5 S. Con. Res. 70 assumed $108,056 million in budget authority and $28,901 million in outlays for overseas deployment and related activities. The Supplemental Appropriations Act, 2008 (P.L. 110–252) designated funding for these ac- tivities as an emergency requirement, pursuant to section 204(a) of S. Con. Res. 21. Such emergency amounts are exempt from the enforcement of S. Con. Res. 70. Since current level totals exclude the emergency requirements enacted in P.L. 110–252 (see footnote 2), budget authority and outlay totals specified in S. Con. Res. 70 have been reduced for purposes of comparison. Source: Congressional Budget Office. Note: n.a. = not applicable; P.L. = Public Law

U.S. CONGRESS, signed the following acts that affect budget TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- CONGRESSIONAL BUDGET OFFICE, authority, outlays, or revenues for fiscal ING AND REVENUES FOR FISCAL YEAR 2009, AS OF Washington, DC, September 11, 2008. year 2009: SEPTEMBER 8, 2008—Continued Hon. KENT CONRAD, Medicare Improvements for Patients and [In billions of dollars] Chairman, Committee on the Budget, U.S. Sen- Providers Act of 2008 (Public Law 110–275); ate, Washington, DC. A joint resolution approving the renewal of import restrictions contained in the Bur- Budget resolu- Current level DEAR MR. CHAIRMAN: The enclosed report Current level2 over/under tion1 shows the effects of Congressional action on mese Freedom and Democracy Act of 2003 (¥) resolution the fiscal year 2009 budget and is current (Public Law 110–287): OFF-BUDGET through September 8, 2008. This report is Housing and Economic Recovery Act of 2008 (Public Law 110–289); and Social Security Outlays 3 493.6 493.6 0.0 submitted under section 308(b) and in aid of Higher Education Opportunity Act (Public Social Security Reve- section 311 of the Congressional Budget Act, Law 110–315). nues ...... 695.9 695.9 0.0 as amended. Sincerely, 1 The estimates of budget authority, out- S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal Year ROBERT A. SUNSHINE 2009, assumed $70.0 billion in budget authority and $74.8 billion in outlays lays, and revenues are consistent with the (For Peter R. Orszag, Director). for overseas deployment and related activities. Additionally, S. Con. Res. 70 technical and economic assumptions of S. assumed $5.8 billion in budget authority and $1.2 billion in outlays for the Enclosure. Corps of Engineers. The Supplemental Appropriations Act, 2008 (P.L. 110– Con. Res. 70, the Concurrent Resolution on 252) designated funding for these activities as an emergency requirement, the Budget for Fiscal Year 2009, as approved TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- pursuant to section 204(a) of S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008. Such emergency amounts are exempt from by the Senate and the House of Representa- ING AND REVENUES FOR FISCAL YEAR 2009, AS OF tives. the enforcement of S. Con. Res. 70. Since current level totals exclude the SEPTEMBER 8, 2008 emergency requirements enacted in P.L. 110–252 (see footnote 2 of table 2), Pursuant to section 204(a) of S. Con. Res. budget authority and outlay totals specified in S. Con. Res. 70 have also 21, provisions designated as emergency re- [In billions of dollars] been reduced for purposes of comparison. quirements are exempt from enforcement of 2 Current level is the estimated effect on revenue and spending of all leg- Budget resolu- Current level islation, excluding amounts designated as emergency requirements (see the budget resolution. As a result, the en- Current level2 over/under footnote 2 of table 2), that the Congress has enacted or sent to the Presi- tion1 closed current level report excludes these (¥) resolution dent for his approval. In addition, full-year funding estimates under current amounts (see footnote 2 of Table 2 of the re- law are included for entitlement and mandatory programs requiring annual ON-BUDGET appropriations, even if the appropriations have not been made. port). Budget Authority ...... 2,462.5 1,504.5 ¥958.0 3 Excludes administrative expenses of the Social Security Administration, Since my last letter, dated July 9, 2008, the Outlays ...... 2,497.3 1,906.2 ¥591.1 which are off-budget, but are appropriated annually. Congress has cleared and the President has Revenues ...... 2,029.7 2,086.4 56.7 Source: Congressional Budget Office. TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2009, AS OF SEPTEMBER 8, 2008 [In millions of dollars]

Budget authority Outlays Revenues

Previously Enacted 1: Revenues ...... n.a. n.a. 2,097,399 Permanents and other spending legislation ...... 1,440,235 1,392,509 n.a. Appropriation legislation ...... 0 471,616 n.a. Offsetting receipts ...... ¥587,749 ¥587,749 n.a. Total, Previously enacted ...... 852,486 1,276,376 2,097,399

VerDate Aug 31 2005 02:43 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.003 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8474 CONGRESSIONAL RECORD — SENATE September 12, 2008 TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2009, AS OF SEPTEMBER 8, 2008—Continued [In millions of dollars]

Budget authority Outlays Revenues

Enacted this session: Supplemental Appropriations Act, 2008 (P.L. 110–252) 2 ...... 0 23 0 Medicare Improvements for Patients and Providers Act of 2008 (P.L. 110–275) ...... 6,633 6,516 9 A joint resolution approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003 (P.L. 110–287) ...... 0 0 ¥2 Housing and Economic Recovery Act of 2008 (P.L. 110–289) 2 ...... 24,966 24,715 ¥11,037 Higher Education Opportunity Act (P.L. 110–315) ...... ¥9 ¥114 0 Total, Enacted this session ...... 31,590 31,140 ¥11,030 Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 620,449 598,715 0 Total Current Level 2,3 ...... 1,504,525 1,906,231 2,086,369 Total Budget Resolution 4 ...... 2,538,292 2,573,270 2,029,653 Adjustment to the budget resolution for emergency requirements 5 ...... ¥70,000 ¥74,809 n.a. Adjustment to the budget resolution for emergency requirements 5 ...... ¥5,761 ¥1,152 n.a. Adjusted Budget Resolution ...... 2,462,531 2,497,309 2,029,653 Current Level Over Budget Resolution ...... n.a. n.a. 56,716 Current Level Under Budget Resolution ...... 958,006 591,078 n.a. 1 Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal Year 2009: National Defense Authorization Act for Fiscal Year 2008 (P.L. 110–181), Economic Stimulus Act of 2008 (P.L. 110–185), Andean Trade Preference Extension Act of 2008 (P.L. 110–191), Ensuring Continued Access to Student Loans Act of 2008 (P.L. 110–227), Consolidated Natural Resources Act of 2008 (P.L. 110–229), Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (P.L. 110–232), Genetic Information Nondiscrimination Act of 2008 (P.L. 110–233), Food, Conservation, and Energy Act of 2008 (P.L. 110–234), SAFETEA–LU Technical Corrections Act of 2008 (P.L. 110–244), and Heroes Earning Assistance and Relief Act of 2008 (P.L. 110–245). 2 Pursuant to section 204(a) of S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so designated for fiscal year 2009, which are not included in the current level total, are as follows: Budget authority Outlays Revenues

Supplemental Appropriations Act, 2008 (P.L. 110–252) ...... 85,155 87,211 27 Housing and Economic Recovery Act of 2008 (P.L. 110–289) ...... 7 928 n.a.

Total, Amounts designated as emergency ...... 85,162 88,139 27 3 For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level excludes these items. 4 Periodically, the Senate Committee on the Budget revises the totals in S. Con. Res. 70, pursuant to various provisions of the resolution: Budget authority Outlays Revenues

Original Budget Resolution ...... 2,530,703 2,565,903 2,029,612 Revisions: For the Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (SPR Act) (section 323(d)) ...... 950 950 0 For the Heroes Earnings Assistance and Relief Tax Act of 2008 (Heroes Act) (section 323(d)) ...... 28 28 32 For adjustment to debt service for the SPR and Heroes acts (section 323(d)) ...... ¥13 ¥13 0 For the Patients and Providers Act of 2008 (sections 221(f) and 227) ...... 6,633 6,516 9 For the Higher Education Opportunity Act (section 222) ...... ¥9 ¥114 0

Revised Budget Resolution ...... 2,538,292 2,573,270 2,029,653

5 S. Con. Res. 70 assumed $70,000 million in budget authority and $74,809 million in outlays for overseas deployment and related activities. Additionally, S. Con. Res. 70 assumed $5,761 million in budget authority and $1,152 million in outlays for the Corps of Engineers. The Supplemental Appropriations Act, 2008 (P.L. 110–252) designated funding for these activities as an emergency requirement, pursuant to section 204(a) of S. Con. Res. 21. Such emergency amounts are exempt from the enforcement of S. Con. Res. 70. Since current level totals exclude the emergency requirements enacted in P.L. 110–252 (see footnote 2), budget authority and outlay totals specified in S. Con. Res. 70 have also been reduced for purposes of comparison. Source: Congressional Budget Office. Note: n.a. = not applicable; P.L. = Public Law.

HONORING OUR ARMED FORCES the children of Iraq. During his patrols feeling. I hope that, in time, the pain of STAFF SERGEANT KENNETH W. MAYNE in Sadr City, one of the poorest and your loss is assuaged by your pride in Mr. SALAZAR. Mr. President, it is most volatile neighborhoods in the Kenneth’s service to his country and with a heavy heart that I rise today to country, Kenneth distributed toys, soc- by your knowledge that his country honor the life and heroic service of cer balls, and coloring books to Iraqi will never forget him. We are humbled children that his mother had sent from SSG Kenneth W. Mayne. Staff Sergeant by his service and his sacrifice. home. Concerned about their health, he Mayne, a member of the 4th Infantry f worked with his men to get fresh water Division, was killed in a neighborhood into local schools and to clean up sew- TAX POLICY outside of Baghdad on September 4, age so that children had a clean place 2008, when a roadside bomb struck his Mr. GRASSLEY. Mr. President, after to play. He believed in the work he was I spoke about small business tax issues vehicle. He was 29 years old. doing because he could see the dif- A graduate of Arvada West High yesterday, Senators SANDERS and DUR- ference he was making in people’s School in Colorado, Staff Sergeant BIN responded. I would like to thank lives. my friends from Vermont and Illinois Mayne enlisted in the Army in 1997 at Ralph Waldo Emerson wrote that, for engaging in the important debate of the age of 18. According to his mother, ‘‘to share often and much . . . to know the future of tax policy for our country Michelle, he immediately took to the even one life has breathed easier be- discipline and dedication to duty that cause you have lived. This is to have last night. The upcoming congressional defines the life of an American soldier. succeeded.’’ and Presidential elections will have a He chose to make service to country For all the Iraqi children who are big impact on tax issues, so these his career. better off, for all the neighborhoods issues should be debated here in the He was first deployed to Iraq in 2003 that are safer, for all those whose world’s most deliberative body. In re- with the 101st Airborne, and spent a image of America has been trans- sponse to the comments of my friends year there in support of Operation formed, Staff Sergeant Mayne has suc- from Vermont and Illinois, I would like Iraqi Freedom. ceeded. Staff Sergeant Mayne em- to raise a few brief points. Later, Staff Sergeant Mayne trans- bodied an America that reaches out to First, the 2001 and 2003 tax relief bills ferred to the 4th Infantry Division in those in need, an America brimming were not and are not the ‘‘Bush tax Fort Hood, TX, because the division with kindness and compassion, an cuts.’’ These bills were crafted in a bi- was scheduled to be moved to Fort Car- America that ‘‘shares often and much.’’ partisan manner. In fact, one-fourth of son, CO, following its deployment to For all this, and for his tireless serv- the Democratic Caucus voted for the Iraq in March 2008. He loved Colorado ice to his country, Sergeant Mayne has 2001 tax relief. and wanted to go home to be close to the eternal gratitude of his nation. I will be discussing middle income his family. Following his discharge, he To Kenneth’s mother Michelle, his tax relief in a separate speech shortly. intended to become a history teacher. father, his stepfather Dan, his sisters However, there’s no question the legis- Those who knew Kenneth described Christina and Jennifer, his brother lation criticized by my two friends im- him as brave, as dedicated to his men, Danny, and all his friends and family, I proved the progressivity of the Tax and as possessing a great empathy for cannot imagine the sorrow you must be Code and cut taxes for middle income

VerDate Aug 31 2005 02:32 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.006 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8475 families. For a single mom with two continues to require that in order for a FEDERAL AND STATE VETERANS children and $30,000 of income, the 2001 physical or mental impairment to rise HOMES PARTNERSHIP and 2003 tax relief has prevented a tax to the level of a covered disability it Mr. GREGG. Mr. President, I rise increase of $1,100 per year. Similarly, must substantially limit one or more today to express my thanks for the 250 for a family of four with $50,000 of in- of an individual’s major life activities. hard-working men and women of the come, this tax relief has prevented Ensuring that individuals with dis- New Hampshire Veterans Home in them from facing a $2,300 yearly tax in- abilities are free from discrimination, Tilton, NH, and to join them, and the crease. and fostering their full inclusion in the other State Veterans Homes across our Indeed, both Senator OBAMA and Sen- workplace and in all other aspects of Nation, in celebrating the 120 year ator MCCAIN agree on keeping most of life are singularly important goals and partnership between the Federal Gov- the structure of the legislation criti- responsibilities. It is also equally im- ernment and State Veterans Homes. cized by my friends from Vermont and portant to continually monitor our Our Nation has a proud history of look- Illinois. laws, and, as we do today, amend them, ing after its warriors even after the Where Senators OBAMA and MCCAIN loud sounds of battle have been paci- disagree is on whether we should keep to make certain these goals and re- sponsibilities are met. fied. the tax rates where they are. I would Since 1890, the New Hampshire Vet- note that Senator OBAMA recently Whenever changes are made in exist- erans Home has served in this fine tra- agreed that, because of concerns about ing law, however, we must be mindful dition by providing care and comfort the economy, we should leave the top of the likelihood of increased litigation for thousands of men and women who rates where they are, at least for now. in the aftermath of such changes. The have sacrificed so much to preserve our I would encourage my friends to re- drafters of S. 3406 have attempted to be freedom and protect our country and view the data I presented yesterday. as clear as possible in an effort to avoid State. The commitment and out- That data clearly illustrates that there the type of confusion that could spawn standing contributions of past Com- are negative effects on small business such excessive litigation. That said, we mandants, members of the board of from raising marginal rates by 17 per- are not unmindful of the concerns ex- managers, staff, and many volunteers cent to 33 percent. The data show that pressed by some smaller businesses in to the welfare of New Hampshire vet- the tax increases of Senator OBAMA’s this regard. Those businesses should erans is truly extraordinary. Today, plan will take direct aim at small busi- recognize that this legislation was in- the New Hampshire Veterans Home ness owners. Senator OBAMA does now tended to ensure restored coverage for continues to improve and uphold its agree that we should defer his tax in- individuals that all of us recognize are value by assuring access to affordable, creases until 2011. Senator MCCAIN entitled to the law’s protection; and professional, and quality nursing care thinks the current levels of taxation that the legislation was not intended in a community setting that cultivates are appropriate for both now and the to promote litigation or prop up ques- learning, growth, and optimal quality future. tionable or frivolous claims of cov- of life. The bipartisan tax relief of 2001 and erage. Just as Congress has monitored I look forward to building upon the 2003, largely supported by Senators the original ADA and acts today to good relationship between our Nation’s OBAMA and MCCAIN, kept revenues at correct problems with its interpreta- State Veterans Homes and the Federal or above historical averages for most of tion, it will continue to monitor the Government and again join in cele- the period they were in effect. These amended ADA and take action in the brating this milestone of service to our policies were put in place during eco- event it is abused. Nation’s heroes. nomic shocks, and the economy re- I would also note that there have f sponded. been some concerns expressed by both ADDITIONAL STATEMENTS I would ask my friends why they dis- institutions of higher education and agree. Why should we raise taxes on boards of professional certification small business now? I look forward to that this bill would somehow change their response. TRIBUTE TO MARGARET ‘‘PEGGY’’ the fundamental nature of the service SIMS f which a covered entity provides or ∑ Mrs. FEINSTEIN. Mr. President, I lower the standards for professional AMERICANS WITH DISABILITIES wish to take this opportunity to pay certification. As to the latter, it should AMENDMENTS ACT OF 2008 tribute to a longtime public servant be expressly noted that nothing in the Mr. ENZI. Mr. President, I rise today who spent her career working hard to legislation affects the standards for to voice my support for S. 3406, The improve the quality of elections. Ms. professional certifications; and, as to Americans with Disabilities Amend- Margaret Sims spent her entire career the former, the legislation itself does ments Act of 2008. Like the original working for both of the agencies under not require that accommodations be ADA, this legislation is the result of the jurisdiction of the Rules Com- extended where to do so would alter extensive bipartisan effort; and I would mittee—the Federal Election Commis- the fundamental nature of the services take this opportunity to commend Sen- sion and the Election Assistance Com- being provided. These would seem to be ators Hatch and Harkin for their lead- mission. She passed away earlier this fair safeguards against the legitimate ership on this issue. I would also note month after a long battle with cancer. that this legislation was supported by concerns expressed by some stake- A resident of Burke, VA, Ms. Sims, a wide range of stakeholder groups in holders. known to her friends as ‘‘Peggy’’, was the employer and disability commu- The legislation that we pass today born in Schenectady, NY, and was a nities. These groups participated ex- will hopefully help to aid in the full in- graduate of Wells College. She was an tensively in the development and nego- tegration of those with disabilities into intern in the community services de- tiation of this legislation and it can all aspects of society. It is an impor- partment at the AFL–CIO before start- safely be said that without their par- tant piece in the strategy for achieving ing her career at the FEC as an investi- ticipation this bill would not be a re- this end, but we must remember it is gator. She also served as Director of ality today. only a piece and cannot be the only Compliance and Election Administra- S. 3406 was principally crafted as a strategy. Despite the existence of the tive Research Specialist at that agen- response to a number of Court cases ADA the workforce participation levels cy. that many observers felt had inter- for individuals with disabilities have Long before the 2000 election and preted the ADA too narrowly, and, remained unacceptably low. We there- hanging chads, Ms. Sims was working therefore, denied coverage to individ- fore need to think of approaches be- hard with our Nation’s election admin- uals that the statute was originally in- yond the traditional enforcement of istration professionals to provide them tended to cover. The legislation clari- rights statutes in an effort to achieve with the best information available to fies the legislative intent. It retains the goal of the full participation of all help them do their job. While at the the inherently functional definition of our citizens in the benefits of our soci- FEC, she assisted in developing voting disability from the original ADA; and ety and economy. systems standards and in the creation

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.008 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8476 CONGRESSIONAL RECORD — SENATE September 12, 2008 of a guide and training tools to accom- dating fire-safety systems to building CLEAR LAKE COMMUNITY SCHOOL pany the 1993 National Voter Registra- new schools or renovating existing fa- EDUCATION tion Act. She was also part of the first cilities. In many cases, this Federal ∑ Mr. HARKIN. Mr. President, in Iowa U.S. delegation to the Trilateral Con- funding is used to leverage public and/ and across the United States, a new ference between Canada, Mexico and or private local funding, so it often has school year has begun. As you know, the United States held in Mexico City a tremendous multiplier effect in a Iowa public schools have an excellent in 1994. This conference engaged the local school district. reputation nationwide, and Iowa stu- three countries in dialogue regarding The Central Decatur Community dents’ test scores are among the high- their respective election processes so School District received two Harkin est in the Nation. that each country might learn from grants totaling $947,775 which it used to I would like to take just a few min- the others. help build additions to two schools in utes, today, to salute the dedicated She moved to the newly created U.S. Leon. The district built an addition to teachers, administrators, and school Election Assistance Commission in South Elementary which serves stu- board members in the Clear Lake Com- 2004, where she assisted in guiding dents in prekindergarten through third munity School District, and to report States in appropriate voting proce- grade and also built the North Elemen- on their participation in a unique Fed- dures and in training them how to re- tary addition to the high school. The eral partnership to repair and mod- port back to that agency. She provided school board is to be commended for ernize school facilities. guidance to the new EAC Commis- thinking to the future by incorporating This fall marks the 10th year of the sioners and assisted them in developing an energy efficient geothermal system Iowa Demonstration Construction a working knowledge of the election at the North Elementary building. Grant Program. That is its formal administration process. During the These schools are the modern, state-of- name, but it is better known among challenging implementation of the the-art facilities that befit the edu- educators in Iowa as the program of Help America Vote Act, hundreds of cational ambitions and excellence of Harkin grants for Iowa public schools. election officials relied on her assist- this school district. Indeed, they are Since 1998, I have been fortunate to se- ance in getting the law right. the kind of school facilities that every cure a total of $121 million for the Because she worked in the field of child deserves. State government in Iowa, which se- elections, Ms. Sims was always non- Excellent schools do not just pop up lects worthy school districts to receive partisan. She proudly said that she like mushrooms after a rain. They are these grants for a range of renovation would not even let her husband put a the product of vision, leadership, per- and repair efforts—everything from up- political bumper sticker on his car. Her sistence, and a tremendous amount of dating fire-safety systems to building emphasis on providing assistance in an collaboration among local officials and new schools or renovating existing fa- impartial, unbiased way is a testament concerned citizens. I salute the entire cilities. In many cases, this Federal to her dedication. She did not care staff, administration, and governance funding is used to leverage public and/ about who won or lost, she cared that in the Central Decatur Community or private local funding, so it often has the process was always fair. School District. In particular, I would a tremendous multiplier effect in a She is survived by her husband and like to recognize the leadership of the local school district. The Clear Lake Community School son, Dug and Jay Greevy, as well as her board of education president Mike District received a 2002 Harkin grant mother, two brothers, and a sister. Frost, vice president Jack Parsons, totaling $1 million which it used to It is important to remember not only Rose Saxton, Mike Stuck and Igor help build an addition to the high the life of Peggy Sims but also the im- Takacs and former board members school to provide new classrooms for pact of her work. She worked hard Nick Morrell, Gary Hayworth, Dave science, family and consumer science every day for civic leadership and bet- Smith, Brent Buckingham and Jim La- and art. This school is a modern, state- ter government. She rose above par- fleur. I would also like to recognize su- of-the-art facility that befits the edu- tisan labels. We honor her memory by perintendent Tucker Lillis, former su- cational ambitions and excellence of recognizing her commitments to public perintendent Steve Williams and key this school district. Indeed, it is the service and to shaping better elections supporters of the bond referendum, ∑ kind of school facility that every child for our country. Jerry Parsons, Gene Binning and Peg in America deserves. The district also f Erke. received fire safety grants totaling CENTRAL DECATUR COMMUNITY As we mark the 10th anniversary of $127,481 to install new fire alarms and EDUCATION the Harkin school grant program in detectors in several schools in the dis- ∑ Mr. HARKIN. Mr. President, in Iowa Iowa, I am obliged to point out that trict. and across the United States, a new many thousands of school buildings Excellent schools do not just pop up school year has begun. As you know, and facilities across the United States like mushrooms after a rain. They are Iowa public schools have an excellent are in dire need of renovation or re- the product of vision, leadership, per- reputation nationwide, and Iowa stu- placement. In my State of Iowa alone, sistence, and a tremendous amount of dents’ test scores are among the high- according to a recent study, some 79 collaboration among local officials and est in the Nation. percent of public schools need to be up- concerned citizens. I salute the entire I would like to take just a few min- graded or repaired. The harsh reality is staff, administration, and governance utes, today, to salute the dedicated that the average age of school build- in the Clear Lake Community School teachers, administrators, and school ings in the United States is nearly 50 District. In particular, I would like to board members in the Central Decatur years. recognize the leadership of the board of Community School District, and to re- Too often, our children visit ultra- education—Ron Andrews, Tom Lovell, port on their participation in a unique modern shopping malls and gleaming Paul Stevenson, Sandy Christ and federal partnership to repair and mod- sports arenas on weekends, but during Deborah Betz and former board mem- ernize school facilities. the week go to school in rundown or bers Joel Secory, Michael Baker, Lynn This fall marks the 10th year of the antiquated facilities. This sends ex- Scribbins and Tammy Schwichtenberg. Iowa Demonstration Construction actly the wrong message to our young I would also like to recognize super- Grant Program. That is its formal people about our priorities. We have intendent Dwight Pierson, former su- name, but it is better known among got to do better. perintendent Dr. Michael Tegland, educators in Iowa as the program of That is why I am deeply grateful to former high school principal John Harkin grants for Iowa public schools. the professionals and parents in the Chalstrom, facilities director Kelly Since 1998, I have been fortunate to se- Central Decatur Community School McLaughlin, high school principal Jay cure a total of $121 million for the District. There is no question that a Mathis, business manager Lorna State government in Iowa, which se- quality public education for every Leerar and facilities coordinator for lects worthy school districts to receive child is a top priority in that commu- AEA 267 Bill Schutz. these grants for a range of renovation nity. I salute them, and wish them a As we mark the 10th anniversary of and repair efforts—everything from up- very successful new school year.∑ the Harkin school grant program in

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.023 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8477 Iowa, I am obliged to point out that Excellent schools do not just pop up these grants for a range of renovation many thousands of school buildings like mushrooms after a rain. They are and repair efforts—everything from up- and facilities across the United States the product of vision, leadership, per- dating fire-safety systems to building are in dire need of renovation or re- sistence, and a tremendous amount of new schools or renovating existing fa- placement. In my State of Iowa alone, collaboration among local officials and cilities. In many cases, this federal according to a recent study, some 79 concerned citizens. I salute the entire funding is used to leverage public and/ percent of public schools need to be up- staff, administration, and governance or private local funding, so it often has graded or repaired. The harsh reality is in the Coon Rapids-Bayard Community a tremendous multiplier effect in a that the average age of school build- School District. In particular, I would local school district. ings in the United States is nearly 50 like to recognize the leadership of the The Durant Community School Dis- years. board of education—Alan Schroeder, trict received a 1998 Harkin grant to- Too often, our children visit ultra- Mike Oswald, Jim Schwaller, Roger taling $250,000 which it used to help modern shopping malls and gleaming Tapps, Larry Nees, Pat McAlister, and build an addition to the elementary sports arenas on weekends, but during Nancy Hagan and former board mem- school for prekindergarten programs the week go to school in rundown or bers Mark Thomas, Brian Kinnick and including Head Start and for the antiquated facilities. This sends ex- Dr. John Clayburg. I would also like to Cracker Box Center to provide before actly the wrong message to our young recognize superintendent Rich Stoffers, and after school programs for students people about our priorities. We have former superintendent Dennis Wentz, in the district. The district also re- got to do better. business manager Gail Hopkins and ceived two fire safety grants totaling That is why I am deeply grateful to high school principal Shawn Zanders. $50,000. The Federal grants have made the professionals and parents in the As we mark the 10th anniversary of it possible for the district to provide Clear Lake Community School Dis- the Harkin school grant program in quality and safe schools for their stu- trict. There is no question that a qual- Iowa, I am obliged to point out that dents. ity public education for every child is a many thousands of school buildings Excellent schools do not just pop up top priority in that community. I sa- and facilities across the United States like mushrooms after a rain. They are lute them, and wish them a very suc- are in dire need of renovation or re- the product of vision, leadership, per- ∑ cessful new school year. placement. In my State of Iowa alone, sistence, and a tremendous amount of f according to a recent study, some 79 collaboration among local officials and COON RAPIDS-BAYARD percent of public schools need to be up- concerned citizens. I salute the entire COMMUNITY EDUCATION graded or repaired. The harsh reality is staff, administration, and governance ∑ Mr. HARKIN. Mr. President, in Iowa that the average age of school build- in the Durant Community School Dis- and across the United States, a new ings in the United States is nearly 50 trict. In particular, I would like to rec- school year has begun. As you know, years. ognize the leadership of the board of Iowa public schools have an excellent Too often, our children visit ultra- education, president Richard Stolten- reputation nationwide, and Iowa stu- modern shopping malls and gleaming berg, vice president Sheila Compton, dents’ test scores are among the high- sports arenas on weekends, but during Brian Fargo, Steve Ralfs and Cheryl est in the Nation. the week go to school in rundown or Telsrow and former board members I would like to take just a few min- antiquated facilities. This sends ex- Jane Lichtenstein, Pam Sissel, Gary utes, today, to salute the dedicated actly the wrong message to our young Workman and Kenneth Huesman. I teachers, administrators, and school people about our priorities. We have would also like to recognize super- board members in the Coon Rapids- got to do better. intendent Duane Bark, former super- Bayard Community School District, That is why I am deeply grateful to intendent James Wagner and elemen- and to report on their participation in the professionals and parents in the tary principal Rebecca Stineman. a unique Federal partnership to repair Coon Rapids-Bayard Community As we mark the 10th anniversary of and modernize school facilities. School District. There is no question the Harkin school grant program in This fall marks the 10th year of the that a quality public education for Iowa, I am obliged to point out that Iowa Demonstration Construction every child is a top priority in that many thousands of school buildings Grant Program. That is its formal community. I salute them, and wish and facilities across the United States name, but it is better known among them a very successful new school are in dire need of renovation or re- educators in Iowa as the program of year.∑ placement. In my State of Iowa alone, Harkin grants for Iowa public schools. f according to a recent study, some 79 Since 1998, I have been fortunate to se- percent of public schools need to be up- DURANT COMMUNITY EDUCATION cure a total of $121 million for the graded or repaired. The harsh reality is State government in Iowa, which se- ∑ Mr. HARKIN. Mr. President, in Iowa that the average age of school build- lects worthy school districts to receive and across the United States, a new ings in the United States is nearly 50 these grants for a range of renovation school year has begun. As you know, years. and repair efforts—everything from up- Iowa public schools have an excellent Too often, our children visit ultra- dating fire-safety systems to building reputation nationwide, and Iowa stu- modern shopping malls and gleaming new schools or renovating existing fa- dents’ test scores are among the high- sports arenas on weekends, but during cilities. In many cases, this Federal est in the Nation. the week go to school in rundown or funding is used to leverage public and/ I would like to take just a few min- antiquated facilities. This sends ex- or private local funding, so it often has utes, today, to salute the dedicated actly the wrong message to our young a tremendous multiplier effect in a teachers, administrators, and school people about our priorities. We have local school district. board members in the Durant Commu- got to do better. The Coon Rapids-Bayard Community nity School District, and to report on That is why I am deeply grateful to School District received a 2002 Harkin their participation in a unique Federal the professionals and parents in the Grant totaling $142,000 which it used to partnership to repair and modernize Durant Community School District. help build an addition to the middle/ school facilities. There is no question that a quality high school building and make im- This fall marks the tenth year of the public education for every child is a provements to Deal Elementary. The Iowa Demonstration Construction top priority in that community. I sa- district also received two fire safety Grant Program. That is its formal lute them, and wish them a very suc- grants totaling $75,000 to install fire name, but it is better known among cessful new school year.∑ detection systems, upgrade electrical educators in Iowa as the program of f wiring and make other repairs Harkin grants for Iowa public schools. throughout the district. The Federal Since 1998, I have been fortunate to se- VALLEY COMMUNITY EDUCATION grants have made it possible for the cure a total of $121 million for the ∑ Mr. HARKIN. Mr. President, in Iowa district to provide quality and safe State government in Iowa, which se- and across the United States, a new schools for their students. lects worthy school districts to receive school year has begun. As you know,

VerDate Aug 31 2005 02:32 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.001 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8478 CONGRESSIONAL RECORD — SENATE September 12, 2008 Iowa public schools have an excellent Too often, our children visit ultra- Mrs. Cole, one of its reading clerks, an- reputation nationwide, and Iowa stu- modern shopping malls and gleaming nounced that the House has passed the dents’ test scores are among the high- sports arenas on weekends, but during following bill, in which it requests the est in the Nation. the week go to school in rundown or concurrence of the Senate: I would like to take just a few min- antiquated facilities. This sends ex- H.R. 6475. An act to establish the Daniel utes, today, to salute the dedicated actly the wrong message to our young Webster Congressional Clerkship Program. teachers, administrators, and school people about our priorities. We have f board members in the Valley Commu- got to do better. nity School District, and to report on That is why I am deeply grateful to MEASURES REFERRED their participation in a unique Federal the professionals and parents in the The following bills were read the first partnership to repair and modernize Valley Community School District. and the second times by unanimous school facilities. There is no question that a quality consent, and referred as indicated: This fall marks the 10th year of the public education for every child is a H.R. 6169. An act to designate the facility Iowa Demonstration Construction top priority in that community. I sa- of the United States Postal Service located Grant Program. That is its formal lute them, and wish them a very suc- at 15455 Manchester Road in Ballwin, Mis- name, but it is better known among cessful new school year.∑ souri, as the ‘‘Specialist Peter J. Navarro educators in Iowa as the program of f Post Office Building’’; to the Committee on Harkin grants for Iowa public schools. Homeland Security and Governmental Af- Since 1998, I have been fortunate to se- MESSAGES FROM THE PRESIDENT fairs. cure a total of $121 million for the Messages from the President of the H.R. 6475. An act to establish the Daniel State government in Iowa, which se- United States were communicated to Webster Congressional Clerkship Program; to the Committee on Rules and Administra- lects worthy school districts to receive the Senate by Mrs. Neiman, one of his secretaries. tion. these grants for a range of renovation H.R. 6513. An act to amend the Federal se- and repair efforts—everything from up- f curities laws to enhance the effectiveness of dating fire-safety systems to building EXECUTIVE MESSAGES REFERRED the Securities and Exchange Commission’s new schools or renovating existing fa- enforcement, corporation finance, trading cilities. In many cases, this Federal As in executive session the Presiding and markets, investment management, and funding is used to leverage public and/ Officer laid before the Senate messages examination programs, and for other pur- or private local funding, so it often has from the President of the United poses; to the Committee on Banking, Hous- States submitting sundry nominations ing, and Urban Affairs. a tremendous multiplier effect in a H.R. 6832. An act to authorize major med- local school district. which were referred to the appropriate committees. ical facility projects and major medical fa- The Valley Community School Dis- cility leases for the Department of Veterans trict received a 2002 Harkin grant to- (The nominations received today are printed at the end of the Senate pro- Affairs for fiscal year 2009, to extend certain taling $812,000 which it used to help authorities of the Secretary of Veterans Af- build an addition and make renova- ceedings.) fairs, and for other purposes; to the Com- tions to provide science labs and a f mittee on Veterans’ Affairs. computer lab. This school is a modern, MESSAGES FROM THE HOUSE f state-of-the-art facility that befits the At 10:57 a.m., a message from the educational ambitions and excellence EXECUTIVE AND OTHER House of Representatives, delivered by COMMUNICATIONS of this school district. Indeed, it is the Mrs. Cole, one of its reading clerks, an- kind of school facility that every child nounced that the House has passed the The following communications were in America deserves. The district also following bills, in which it requests the laid before the Senate, together with received two fire safety grants totaling concurrence of the Senate: accompanying papers, reports, and doc- $75,000 to make safety improvements H.R. 6169. An act to designate the facility uments, and were referred as indicated: throughout the district. of the United States Postal Service located EC–7564. A communication from the Direc- Excellent schools do not just pop up at 15455 Manchester Road in Ballwin, Mis- tor, Regulatory Management Division, Envi- like mushrooms after a rain. They are souri, as the ‘‘Specialist Peter J. Navarro ronmental Protection Agency, transmitting, the product of vision, leadership, per- Post Office Building’’. pursuant to law, the report of a rule entitled sistence, and a tremendous amount of H.R. 6513. An act to amend the Federal se- ‘‘Approval and Promulgation of Air Quality Implementation Plans; Maryland; NOx, and collaboration among local officials and curities laws to enhance the effectiveness of the Securities and Exchange Commission’s SO2 Emissions Limitations for Fifteen Coal- concerned citizens. I salute the entire Fired Electric Generating Units’’ (FRL No. staff, administration, and governance enforcement, corporation finance, trading and markets, investment management, and 8709–7) received on August 29, 2008; to the in the Valley Community School Dis- examination programs, and for other pur- Committee on Environment and Public trict. In particular, I’d like to recog- poses. Works. nize the leadership of the board of edu- H.R. 6608. An act to provide for the replace- EC–7565. A communication from the Direc- cation—president Rick Klann, Dawn ment of lost income for employees of the tor, Regulatory Management Division, Envi- Daughton, Dr. DeWayne Frazier, Mark House of Representatives who are members ronmental Protection Agency, transmitting, of a Reserve component of the Armed Forces pursuant to law, the report of a rule entitled Howard, Mick Olson and former board ‘‘Approval and Promulgation of Air Quality members Gregg Kleppe, Allen Knox, who are on active duty for a period of more than 30 days, and for other purposes. Implementation Plans; State of Utah; Re- Celeste Strong, and Lois Dummer- H.R. 6832. An act to authorize major med- vised Transportation Conformity Consulta- muth. I would also like to recognize su- ical facility projects and major medical fa- tion Process, and Approval of Related Revi- perintendent Cathleen Molumby, and cility leases for the Department of Veterans sions’’ (FRL No. 8700–7) received on August the many volunteers and members of Affairs for fiscal year 2009, to extend certain 29, 2008; to the Committee on Environment the School Improvement Advisory authorities of the Secretary of Veterans Af- and Public Works. Committee. fairs, and for other purposes. EC–7566. A communication from the Direc- tor, Regulatory Management Division, Envi- As we mark the 10th anniversary of f ronmental Protection Agency, transmitting, the Harkin school grant program in ENROLLED BILL SIGNED pursuant to law, the report of a rule entitled Iowa, I am obliged to point out that The President pro tempore (Mr. ‘‘Bacillus subtilis GB03; Exemption from the many thousands of school buildings Requirement of a Tolerance’’ (FRL No. 8378– BYRD) announced that on September and facilities across the United States 5) received on August 29, 2008; to the Com- 11, 2008, he had signed the following en- are in dire need of renovation or re- mittee on Environment and Public Works. rolled bill, previously signed by the placement. In my State of Iowa alone, EC–7567. A communication from the Direc- Speaker of the House: according to a recent study, some 79 tor, Regulatory Management Division, Envi- percent of public schools need to be up- H.R. 6532. An act to amend the Internal ronmental Protection Agency, transmitting, Revenue Code of 1986 to restore the Highway pursuant to law, the report of a rule entitled graded or repaired. The harsh reality is Trust Fund balance. ‘‘Dichlobenil; Pesticide Tolerances’’ (FRL that the average age of school build- No. 8377–7) received on August 29, 2008; to the ings in the United States is nearly 50 At 11:55 a.m., a message from the Committee on Environment and Public years. House of Representatives, delivered by Works.

VerDate Aug 31 2005 02:32 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G12SE6.026 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8479 EC–7568. A communication from the Direc- pursuant to law, the report of a rule entitled S. 3483. A bill to improve consumer access tor, Regulatory Management Division, Envi- ‘‘Bacillus thuringiensis Cry2Ae in Cotton; to passenger vehicle loss data held by insur- ronmental Protection Agency, transmitting, Temporary Exemption from the Require- ers; to the Committee on Commerce, pursuant to law, the report of a rule entitled ment of a Tolerance’’ (FRL No. 8380–1) re- Science, and Transportation. ‘‘Fenbuconazole; Pesticide Tolerances’’ (FRL ceived on September 9, 2008; to the Com- By Mr. SPECTER (for himself, Mr. No. 8376–4) received on August 29, 2008; to the mittee on Environment and Public Works. HARKIN, Mr. ROBERTS, Mr. ROCKE- Committee on Environment and Public EC–7578. A communication from the Direc- FELLER, Mr. WYDEN, and Mr. SMITH): Works. tor, Regulatory Management Division, Envi- S. 3484. A bill to provide for a delay in the EC–7569. A communication from the Direc- ronmental Protection Agency, transmitting, phase out of the hospice budget neutrality tor, Regulatory Management Division, Envi- pursuant to law, the report of a rule entitled adjustment factor under title XVIII of the ronmental Protection Agency, transmitting, ‘‘Benfluralin, Carbaryl, Diazinon, Social Security Act; to the Committee on pursuant to law, the report of a rule entitled Dicrotophos, Fluometuron, Formetanate Hy- Finance. ‘‘Revisions to the California State Imple- drochloride, Glyphosate, Metolachlor, By Mr. HARKIN (for himself and Mr. mentation Plan, Antelope Valley Air Quality Napropamide, Norflurazon, Pyrazon, and LUGAR): Management District’’ (FRL No. 8701–4) re- Tau-Fluvalinate; Tolerance Actions’’ (FRL S. 3485. A bill to require manufacturers to ceived on August 29, 2008; to the Committee No. 8379–3) received on September 9, 2008; to increase the percentage of automobiles man- on Environment and Public Works. the Committee on Environment and Public ufactured for sale within the United States EC–7570. A communication from the Direc- Works. that are capable of operating on higher-level tor, Regulatory Management Division, Envi- EC–7579. A communication from the Direc- blends of renewable fuels, such as ethanol ronmental Protection Agency, transmitting, tor, Regulatory Management Division, Envi- and biodiesel, in combination with gasoline pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, or diesel fuel; to the Committee on Com- ‘‘Acetic acid ethenyl ester, polymer with so- pursuant to law, the report of a rule entitled merce, Science, and Transportation. dium 2-methyl-2-[(1-oxo-2-propen-1-yl) ‘‘NPDES Voluntary Permit Fee Incentive for By Mr. FEINGOLD: amino]-1-propanesulfonate (1:1), hydrolyzed; Clean Water Act Section 106 Grants; Allot- S. 3486. A bill to establish the Commission Tolerance Exemption’’ (FRL No. 8380–1) re- ment Formula’’ (FRL No. 8712–7) received on on Measures of Household Economic Secu- ceived on September 9, 2008; to the Com- September 9, 2008; to the Committee on Envi- rity to conduct a study and submit a report mittee on Environment and Public Works. ronment and Public Works. containing recommendations to establish EC–7571. A communication from the Direc- EC–7580. A communication from the Direc- and report economic statistics that reflect tor, Regulatory Management Division, Envi- tor, Regulatory Management Division, Envi- the economic status and well-being of Amer- ronmental Protection Agency, transmitting, ronmental Protection Agency, transmitting, ican households; to the Committee on Home- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled land Security and Governmental Affairs. ‘‘Approval and Promulgation of Implementa- ‘‘Spiromesifen; Pesticide Tolerances’’ (FRL By Mr. REID (for Mr. KENNEDY (for tion Plans and Operating Permits Program; No. 8379–8) received on September 9, 2008; to himself, Mr. HATCH, Mr. OBAMA, Mr. State of Missouri’’ (FRL No. 8713–8) received the Committee on Environment and Public MCCAIN, Mr. DODD, Mr. COCHRAN, and on September 9, 2008; to the Committee on Works. Mrs. CLINTON)): Environment and Public Works. EC–7581. A communication from the Direc- S. 3487. A bill to amend the National and EC–7572. A communication from the Direc- tor, Regulatory Management Division, Envi- Community Service Act of 1990 to expand tor, Regulatory Management Division, Envi- ronmental Protection Agency, transmitting, and improve opportunities for service, and ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled for other purposes; to the Committee on pursuant to law, the report of a rule entitled ‘‘Control of Emissions from Nonroad Spark- Health, Education, Labor, and Pensions. ‘‘Approval and Promulgation of Implementa- Ignition Engines and Equipment’’ (FRL No. f tion Plans Alabama: Volatile Organic Com- 8712–8) received on September 9, 2008; to the pounds and Open Burning’’ (FRL No. 8714–7) Committee on Environment and Public SUBMISSION OF CONCURRENT AND received on September 9, 2008; to the Com- Works. SENATE RESOLUTIONS mittee on Environment and Public Works. EC–7573. A communication from the Direc- f The following concurrent resolutions tor, Regulatory Management Division, Envi- REPORTS OF COMMITTEES and Senate resolutions were read, and ronmental Protection Agency, transmitting, referred (or acted upon), as indicated: The following reports of committees pursuant to law, the report of a rule entitled By Mr. NELSON of Nebraska (for him- ‘‘Approval and Promulgation of Implementa- were submitted: self and Mr. INHOFE): tion Plans; Florida; Removal of Gasoline By Mr. BIDEN, from the Committee on S. Res. 657. A resolution designating Sep- Vapor Recovery from Southeast Florida Foreign Relations, without amendment: tember 13, 2008, as ‘‘National Celiac Disease Areas’’ (FRL No. 8714–8) received on Sep- S. 3097. A bill to amend the Vietnam Edu- Awareness Day’’; to the Committee on the tember 9, 2008; to the Committee on Environ- cation Foundation Act of 2000 (Rept. No. 110– Judiciary. ment and Public Works. 458). By Mr. NELSON of Nebraska: EC–7574. A communication from the Direc- By Mr. BIDEN, from the Committee on S. Res. 658. A resolution expressing the tor, Regulatory Management Division, Envi- Foreign Relations, with amendments: sense of the Senate that the former chief ex- ronmental Protection Agency, transmitting, H.R. 2553. A bill to amend the State De- ecutive officers of Fannie Mae should not re- pursuant to law, the report of a rule entitled partment Basic Authorities Act of 1956 to ceive lavish severance packages at taxpayer ‘‘Approval and Promulgation of Air Quality provide for the establishment and mainte- expense; to the Committee on Banking, Implementation Plans; Louisiana; Approval nance of existing libraries and resource cen- Housing, and Urban Affairs. of Section 110(a)(1) Maintenance Plan for the ters at United States diplomatic and con- f 1997 8-Hour Ozone Standard for the New Orle- sular missions to provide information about ans Ozone Maintenance Area’’ (FRL No. 8713– American culture, society, and history, and ADDITIONAL COSPONSORS 6) received on September 9, 2008; to the Com- for other purposes (Rept. No. 110–459). S. 860 mittee on Environment and Public Works. By Mr. LEAHY, from the Committee on EC–7575. A communication from the Direc- the Judiciary, without amendment: At the request of Mr. SMITH, the tor, Regulatory Management Division, Envi- S. 2052. A bill to allow for certiorari review name of the Senator from Delaware ronmental Protection Agency, transmitting, of certain cases denied relief or review by the (Mr. BIDEN) was added as a cosponsor of pursuant to law, the report of a rule entitled United States Court of Appeals for the S. 860, a bill to amend title XIX of the ‘‘Approval and Promulgation of Air Quality Armed Forces. Social Security Act to permit States Implementation Plans; Maryland; Amend- S. 3166. A bill to amend the Immigration ments to the Control of Incinerators’’ (FRL the option to provide Medicaid cov- and Nationality Act to impose criminal pen- erage for low-income individuals in- No. 8714–5) received on September 9, 2008; to alties on individuals who assist aliens who the Committee on Environment and Public have engaged in genocide, torture, or fected with HIV. Works. extrajudicial killings to enter the United S. 935 EC–7576. A communication from the Direc- States. tor, Regulatory Management Division, Envi- At the request of Mr. SPECTER, his ronmental Protection Agency, transmitting, f name was added as a cosponsor of S. 935, a bill to repeal the requirement for pursuant to law, the report of a rule entitled INTRODUCTION OF BILLS AND ‘‘Approval and Promulgation of Air Quality reduction of survivor annuities under JOINT RESOLUTIONS Implementation Plans; Michigan; PSD Regu- the Survivor Benefit Plan by veterans’ lations’’ (FRL No. 8714–1) received on Sep- The following bills and joint resolu- dependency and indemnity compensa- tember 9, 2008; to the Committee on Environ- tions were introduced, read the first tion, and for other purposes. ment and Public Works. EC–7577. A communication from the Direc- and second times by unanimous con- S. 1010 tor, Regulatory Management Division, Envi- sent, and referred as indicated: At the request of Mr. SMITH, the ronmental Protection Agency, transmitting, By Mr. ENSIGN: name of the Senator from Michigan

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.010 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8480 CONGRESSIONAL RECORD — SENATE September 12, 2008 (Ms. STABENOW) was added as a cospon- S. 3380 AMENDMENT NO. 5444 sor of S. 1010, a bill to amend the Inter- At the request of Mrs. CLINTON, the At the request of Mr. WARNER, the nal Revenue Code of 1986 to encourage name of the Senator from Massachu- names of the Senator from Massachu- guaranteed lifetime income payments setts (Mr. KERRY) was added as a co- setts (Mr. KERRY), the Senator from from annuities and similar payments of sponsor of S. 3380, a bill to promote in- Nebraska (Mr. HAGEL), the Senator life insurance proceeds at dates later creased public transportation use, to from Vermont (Mr. SANDERS), the Sen- than death by excluding from income a promote increased use of alternative ator from Maryland (Ms. MIKULSKI), portion of such payments. fuels in providing public transpor- the Senator from Illinois (Mr. DURBIN), S. 1556 tation, and for other purposes. the Senator from Illinois (Mr. OBAMA) At the request of Mr. SMITH, the AMENDMENT NO. 5278 and the Senator from Ohio (Mr. BROWN) name of the Senator from Delaware At the request of Mr. WYDEN, the were added as cosponsors of amend- (Mr. BIDEN) was added as a cosponsor of name of the Senator from Nebraska ment No. 5444 intended to be proposed S. 1556, a bill to amend the Internal (Mr. NELSON) was added as a cosponsor to S. 3001, an original bill to authorize Revenue Code of 1986 to extend the ex- of amendment No. 5278 intended to be appropriations for fiscal year 2009 for clusion from gross income for em- proposed to S. 3001, an original bill to military activities of the Department ployer-provided health coverage to des- authorize appropriations for fiscal year of Defense, for military construction, ignated plan beneficiaries of employ- 2009 for military activities of the De- and for defense activities of the De- ees, and for other purposes. partment of Defense, for military con- partment of Energy, to prescribe mili- tary personnel strengths for such fiscal S. 1738 struction, and for defense activities of the Department of Energy, to prescribe year, and for other purposes. At the request of Mr. BIDEN, the military personnel strengths for such name of the Senator from Vermont f fiscal year, and for other purposes. (Mr. LEAHY) was added as a cosponsor STATEMENTS ON INTRODUCED of S. 1738, a bill to establish a Special AMENDMENT NO. 5302 BILLS AND JOINT RESOLUTIONS Counsel for Child Exploitation Preven- At the request of Mr. NELSON of Flor- ida, the name of the Senator from By Mr. SPECTER (for himself, tion and Interdiction within the Office Mr. HARKIN, Mr. ROBERTS, Mr. of the Deputy Attorney General, to im- Georgia (Mr. CHAMBLISS) was added as a cosponsor of amendment No. 5302 in- ROCKEFELLER, Mr. WYDEN, and prove the Internet Crimes Against Mr. SMITH): Children Task Force, to increase re- tended to be proposed to S. 3001, an original bill to authorize appropria- S. 3484. A bill to provide for a delay sources for regional computer forensic in the phaseout of the hospice budget labs, and to make other improvements tions for fiscal year 2009 for military activities of the Department of De- neutrality adjustment factor under to increase the ability of law enforce- title XVIII of the Social Security Act; ment agencies to investigate and pros- fense, for military construction, and for defense activities of the Depart- to the Committee on Finance. ecute predators. Mr. SPECTER. Mr. President, I have ment of Energy, to prescribe military S. 2618 sought recognition today to introduce personnel strengths for such fiscal the Medicare Hospice Protection Act, At the request of Ms. KLOBUCHAR, the year, and for other purposes. name of the Senator from Maryland which will place a one-year morato- AMENDMENT NO. 5308 (Ms. MIKULSKI) was added as a cospon- rium on a final rule issued by the Cen- At the request of Mr. BAUCUS, the sor of S. 2618, a bill to amend the Pub- ters for Medicare and Medicaid Serv- names of the Senator from Maine (Ms. lic Health Service Act to provide for ices, CMS, reducing payments to hos- COLLINS) and the Senator from Massa- research with respect to various forms pice providers and ensure Medicare chusetts (Mr. KENNEDY) were added as of muscular dystrophy, including Beck- beneficiaries’ access to hospice care. cosponsors of amendment No. 5308 in- er, congenital, distal, Duchenne, More than 1.3 million Americans de- tended to be proposed to S. 3001, an Emery-Dreifuss Facioscapulohumeral, pend on hospice for high quality and original bill to authorize appropria- limb-girdle, myotonic, and compassionate end-of-life care each tions for fiscal year 2009 for military oculopharyngeal muscular dystrophies. year. Unfortunately, on August 1, 2008, activities of the Department of De- S. 2919 CMS issued a final rule to reduce hos- fense, for military construction, and pice reimbursement rates in Medicare. At the request of Mr. STEVENS, the for defense activities of the Depart- name of the Senator from Missouri This reduction of the hospice wage ment of Energy, to prescribe military index will take $2.3 billion out of hos- (Mrs. MCCASKILL) was added as a co- personnel strengths for such fiscal sponsor of S. 2919, a bill to promote the pice care over the next 5 years if this year, and for other purposes. Congress allows it to be implemented accurate transmission of network traf- AMENDMENT NO. 5338 fic identification information. as scheduled on October 1, 2008. At the request of Mr. NELSON of Ne- The Medicare Payment Advisory S. 3197 braska, his name was added as a co- Commission, MedPAC, is currently ex- At the request of Mr. DURBIN, the sponsor of amendment No. 5338 in- amining the payment system for hos- name of the Senator from Utah (Mr. tended to be proposed to S. 3001, an pice care. We must allow the MedPAC HATCH) was added as a cosponsor of S. original bill to authorize appropria- to complete this important review of 3197, a bill to amend title 11, United tions for fiscal year 2009 for military the hospice Medicare benefit and make States Code, to exempt for a limited activities of the Department of De- payment recommendations, which is period, from the application of the fense, for military construction, and expected in 2009. The Hospice Protec- means-test presumption of abuse under for defense activities of the Depart- tion Act, introduced by myself and chapter 7, qualifying members of re- ment of Energy, to prescribe military Senators HARKIN, WYDEN, ROBERTS, serve components of the Armed Forces personnel strengths for such fiscal ROCKEFELLER and SMITH, will provide and members of the National Guard year, and for other purposes. that time with a one-year moratorium who, after September 11, 2001, are AMENDMENT NO. 5399 on implementation. called to active duty or to perform a At the request of Mrs. CLINTON, the Hospice is an efficient and cost-effec- homeland defense activity for not less name of the Senator from Florida (Mr. tive health care model. Hospice pro- than 90 days. NELSON) was added as a cosponsor of vides individuals at the end of their S. 3353 amendment No. 5399 intended to be pro- lives, as well as their families, with At the request of Mr. CASEY, the posed to S. 3001, an original bill to au- comfort and compassion when they are name of the Senator from North Da- thorize appropriations for fiscal year needed most. Hospice care enables a kota (Mr. CONRAD) was added as a co- 2009 for military activities of the De- person to retain his or her dignity and sponsor of S. 3353, a bill to provide tem- partment of Defense, for military con- maintain quality of life during the end porary financial relief for rural school struction, and for defense activities of of life. An independent Duke Univer- districts adversely impacted by the the Department of Energy, to prescribe sity study in 2007 showed that patients current energy crisis, and for other military personnel strengths for such receiving hospice care cost the Medi- purposes. fiscal year, and for other purposes. care program about $2,300 less than

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.015 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8481 those who did not, resulting in an an- tions and vehicles that can use these dual fueled automobiles is not less than the nual savings of more than $2 billion. fuels. The Energy Independence and Se- percentage set forth for that model year in In April 28, 2008, just before the No- curity Act of 2007 calls for a brisk ex- the following table: tice of Proposed Rule Making was re- pansion of the production and use of Percent- leased, a bipartisan group of more than biofuels, and it promotes the expansion ‘‘Model Year age 40 Senators wrote to Secretary Leavitt of the ethanol distribution and sales and asked him to stop further action infrastructure. In parallel, we need to model years 2011 and 2012 ...... 50 percent and wait for MedPAC recommendations rapidly expand the number of dual fuel model year 2013 and each subse- 90 percent on hospice payment issues. On July 28, automobiles, including in particular quent model year. 2008, before the final rule was released, autos that can be fueled with any blend ‘‘(b) EXCEPTION.—Subsection (a) shall not Senators HARKIN, WYDEN, ROBERTS and of gasoline and ethanol ranging from apply to automobiles that operate only on I wrote to the White House, to urge electricity.’’. zero to 85 percent ethanol. (b) CLERICAL AMENDMENT.—The table of them to stop the regulation from being Today I am joined by my esteemed sections for chapter 329 of title 49, United finalized and to consider the burden colleague, Senator LUGAR of Indiana, States Code, is amended by inserting after that this regulation will put on the in introducing the Dual fuel Auto- the item relating to section 32902 the fol- hospice community. mobile Act of 2008. This bill will expand lowing: Our repeated requests have been ig- the number of dual fuel automobiles at ‘‘32902A. Requirement to manufacture dual nored, so we are introducing this legis- a rapid pace while not imposing undue fueled automobiles.’’. lation to keep CMS from implementing production cost challenges or our auto (c) RULEMAKING.—Not later than 1 year a short-sighted and irresponsible cut to manufacturers. It calls for 50 percent of after the date of the enactment of this Act, end-of-life care. I ask my fellow Sen- all light-duty vehicles manufactured the Secretary of Transportation shall pre- scribe regulations to carry out the amend- ators to join me in support of the Hos- for sale in the United States to be dual ments made by this Act. pice Protection Act and to work to- fuel automobiles by 2011. It increases Mr. LUGAR. Mr. President, A few ward its swift passage. that to 90 percent of all light-duty ve- days ago I returned from a two week hicles manufactured for U.S. sales by By Mr. HARKIN (for himself and engagement abroad which included 2013. These requirements are reason- stops at Azerbaijan’s oil and natural Mr. LUGAR): able because it is known that gasoline S. 3485. A bill to require manufactur- gas rich Caspian Sea coast, through vehicles require relatively minor Georgia, Turkey, Romania, Ukraine, ers to increase the percentage of auto- changes in fuel system designs to be mobiles manufactured for sale within Germany, and finally to Brussels, Bel- able to use blends of gasoline and eth- gium. the United States that are capable of anol which qualify them for dual fuel operating on higher-level blends of re- While my visit was planned well in designation. advance of the conflict between Geor- newable fuels, such as ethanol and bio- This mandate will ensure that the diesel, in combination with gasoline or gia and Russia, recent events have am- number of dual fuel automobiles in our plified the importance of energy as a diesel fuel; to the Committee on Com- transportation fleet is expanding apace strategic priority in capitals across merce, Science, and Transportation. with the expansion of ethanol produc- this region. States dependent on Rus- Mr. HARKIN. Mr. President, our na- tion and use in our national fuel supply tional energy situation is continuing sian gas to fuel their economies and over the next 15 years and beyond. ways of life understand that turning off to deteriorate. Petroleum and gasoline Taken together, our increasing produc- the tap may be as effective a weapon as prices have set all time records, and tion of biofuels, our incentives for the tanks and armies that rolled across our oil imports are responsible for an installation of alternative fuel infra- Georgia. For example, the Russian sus- incredibly large wealth transfer from structure, light-duty vehicle require- pension of gas supplies to Ukraine 2 America to global oil producers. Our ment will provide Americans the op- years ago spurred significant discus- most immediate and visible energy tion of choosing clean, domestically- sion of energy security amongst Euro- challenges are adequate supplies and produced fuels for their personal trans- pean friends. Yet only modest changes record prices for fuels in our transpor- portation needs in the future. This rep- in planning and preparation have oc- tation sector, but natural gas and coal resents a critical component in the curred. Meanwhile, Russia has aggres- prices also have risen to new plateaus, transition of our energy systems away sively sought to increase its dominance and these are impacting both elec- from fossil and imported fuels toward over energy supplies. tricity prices and manufacturing and reliance on sustainable domestic fuel In the U.S. we are largely dependent delivery costs across our economy and sources. on foreign governments for our trans- society. We have yet to tackle the Today I urge my Senate colleagues to portation energy needs, which leaves problem of reducing greenhouse gas join us in taking action to boost the our own security and prosperity in emissions, the large majority of which transition to a cleaner, more resilient, jeopardy. Accordingly, we must attain result from the combustion of fossil and more secure energy economy. I re- genuine energy security with supplies fuels. The environmental impacts of quest support for this bill and its rapid sufficient enough to grow our economy energy use, especially from autos and enactment. and insulate us from foreign manipula- power plants, are still a major health Mr. President, I ask unanimous con- tion. We are fortunate to have the concern. In short, we need to initiate a sent that the bill be printed in the means to bolster both renewable and major transition of our energy sector, RECORD. conventional energy sources. to one that is far more efficient, is There being no objection, the text of Realizing this potential will take much less reliant on fossil fuels and the bill was ordered to be printed in leadership and vision. Renewable en- imported oil, and is utilizing vastly the RECORD, as follows: ergy offers the greatest hope to wed more domestically produced renewable S. 3485 our energy security needs with eco- fuels and energy. Be it enacted by the Senate and House of Rep- nomic growth and environmental stew- Americans recognize the magnitude resentatives of the United States of America in ardship. However, one of the major im- and the urgency of our energy chal- Congress assembled, pediments to expanding renewable en- lenges. They rightfully expect us to SECTION 1. ENSURING THE AVAILABILITY OF ergy, such as biofuels, is a lack of ap- adopt policies to move this energy DUAL FUELED AUTOMOBILES. propriate infrastructure. Currently our transition forward. In particular, we (a) IN GENERAL.—Chapter 329 of title 49, automobile fleet is largely built to run need to reduce dependence on oil in United States Code, is amended by inserting after section 32902 the following: on petroleum based gasoline and up to transportation, and we have broad 10 percent ethanol blends. This means agreement on two fundamental ap- ‘‘§ 32902A. Requirement to manufacture dual fueled automobiles that even though ethanol makes up a proaches—increasing efficiency of vehi- relatively small portion of our fuel ‘‘(a) IN GENERAL.—For each model year cles and increasing use of alternative listed in the following table, each manufac- source, greater production from the fuels. However, in expanding the use of turer shall ensure that the percentage of next generation biofuels, such as cel- alternative fuels, we face the challenge automobiles manufactured by the manufac- lulosic ethanol, will be severely ham- of needing both alternative fueling sta- turer for sale in the United States that are pered, if not prevented.

VerDate Aug 31 2005 02:32 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.014 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8482 CONGRESSIONAL RECORD — SENATE September 12, 2008 This is why I join Senator HARKIN of ments; the movement Americans be- By Mr. REID (for Mr. KENNEDY Iowa in introducing the Dual Fuel tween salaried jobs with benefits to (for himself, Mr. HATCH, Mr. Automobile Act of 2008. This bill calls single or multiple wage jobs with lim- OBAMA, Mr. MCCAIN, Mr. DODD, for 50 percent of all automobiles manu- ited or no benefits with a comparison Mr. COCHRAN, and Mrs. CLIN- factured for sale in the U.S. to be dual of income to include the value of bene- TON)): fuel automobiles by 2011, meaning that fits programs such as health insurance S. 3487. A bill to amend the National the purchaser of the vehicle would have and retirement plans; the percentage of and Community Service Act of 1990 to a choice in which fuel they choose to Americans who are covered by both expand and improve opportunities for power their vehicle. It would increase employer-provided and individual service, and for other purposes; to the to 90 percent of all automobiles manu- health care plans and the extent of cov- Committee on Health, Education, factured for U.S. sales by 2013. Rel- erage per dollar paid by both employers Labor, and Pensions. atively minor and inexpensive changes and employees; the savings rate, in- Mr. KENNEDY. Mr. President, I ask in fuel system designs allow blends of cluding both standard savings plans unanimous consent that the text of the gasoline and ethanol to be used depend- and pension plans; the disparity in in- bill be printed in the RECORD. ent on the consumer’s choice each time come distribution over time and be- There being no objection, the text of they fill up. tween different demographic and geo- the bill was ordered to be placed in the graphic groups; and the breakdown of RECORD, as follows: By Mr. FEINGOLD: household expenditures between such S. 3487 S. 3486. A bill to establish the Com- categories as food, shelter, medical ex- Be it enacted by the Senate and House of Rep- mission on Measures of Household Eco- penses, debt servicing, and energy. resentatives of the United States of America in nomic Security to conduct a study and In addition, the Commission will con- Congress assembled, submit a report containing rec- sider the relevance of certain non-mar- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ommendations to establish and report ket activities, like household produc- (a) SHORT TITLE.—This Act may be cited as the ‘‘Serve America Act’’. economic statistics that reflect the tion, education, and volunteer services that affect the economic well being of (b) TABLE OF CONTENTS.—The table of con- economic status and well-being of tents of this Act is as follows: households but are not measured or American households; to the Com- Sec. 1. Short title; table of contents. mittee on Homeland Security and Gov- valued in currently reported economic statistics. As Robert F. Kennedy has TITLE I—NATIONAL SERVICE ernmental Affairs. Subtitle A—Service-Learning Mr. FEINGOLD. Mr. President, our famously said, some of our economic indicators measure ‘‘everything in Sec. 111. Youth engagement zones to Government agencies collect and re- strengthen communities. port a range of economic information short, except that which makes life Sec. 112. Campus of Service. but much of what we see or hear is worthwhile.’’ We need to make an ef- Sec. 113. Service-learning impact study. most suited to describing the general fort to value more than just our gross Subtitle B—Supporting Social Innovation state of the country’s economy. This domestic product and sales receipts. and Entrepreneurship We need to better measure and under- information does not reflect what is Sec. 121. Innovation and entrepreneurship. stand what matters to American happening in and what matters most to Subtitle C—ServeAmerica Corps households. our families and the quality of our Sec. 131. Corps. This effort to improve how we meas- Subtitle D—Civic Health Index lives. For example, our national unem- ure what matters in our economy is Sec. 141. Index. ployment figures don’t tell us that very much in the Wisconsin tradition Subtitle E—ServeAmerica and Encore those who are employed may not have of accountable good Government. It benefits, or that they are working two Fellowships was Senator Robert LaFollette, Jr. Sec. 151. ServeAmerica and Encore Fellow- or three jobs to earn the income that who, in 1932, introduced a resolution they report, or that their mortgage ships. requiring the U.S. Government to es- Subtitle F—Volunteer Generation Fund; Na- debt and college loans are jeopardizing tablish a more scientific, specific and their ability to repay their credit card tional Service Reserve Corps; Call to Serv- accurate set of measures of the health ice Campaign debt or their medical bills. By knowing of the U.S. economy. From his request, Sec. 161. Statement of purposes. and reporting this kind of information Simon Kuznets, a University of Penn- Sec. 162. Establishment of Volunteer Gen- we can not only more accurately re- sylvania economics professor, devel- eration Fund. flect what our families are experi- oped the first set of national accounts Sec. 163. National Service Reserve Corps. Sec. 164. Call To Service campaign. encing economically, we can better in- which form the basis for today’s meas- Subtitle G—Conforming Amendments form policymakers about what matters ure of GDP and other economic indica- most to people and the steps that need tors. Kuznets won the 1971 Nobel Prize Sec. 171. Conforming amendments. to be taken to address household eco- in Economics ‘‘for his empirically TITLE II—VOLUNTEERS FOR PROSPERITY PROGRAM nomic needs and concerns. founded interpretation of economic To address this need I am intro- Sec. 201. Findings. growth which has led to new and deep- Sec. 202. Definitions. ducing the Commission on Measures of ened insight into the economic and so- Sec. 203. Office of Volunteers for Prosperity. Household Economic Security Act of cial structure and process of develop- Sec. 204. Authorization of appropriations. 2008. The bill would establish a bipar- ment.’’ His work was the basis for TITLE I—NATIONAL SERVICE tisan congressional commission of 8 much of the New Deal reform policies. Subtitle A—Service-Learning economic experts to look at existing Yet Kuznets specifically acknowledged SEC. 111. YOUTH ENGAGEMENT ZONES TO government economic data and iden- that his measures were incomplete and STRENGTHEN COMMUNITIES. tify the possible need for new informa- did not go far enough to measure what (a) FINDINGS.—Congress finds the fol- tion, more accurate methodologies and may really matter. In his 1934 report to lowing: better ways to report these economic the Senate on his compilation of statis- (1) Engaging in service-learning and com- measures to give a more accurate and munity service activities at a young age tics associated with Gross National makes individuals more likely to continue to reliable picture of the economic well Product he concluded: ‘‘The welfare of volunteer and engage in service throughout being of American households. As part a nation can . . . scarcely be inferred their lives. of their effort, the Commission will be from a measurement of national in- (2) High-quality service-learning programs asked to meet with representative come as [so] defined . . . .’’ This bill is keep students engaged in school and increase groups of the public so that their views intended to advance these earlier ef- the likelihood that they will graduate. are taken into account in the Commis- forts to make our economic statistical (3) Since its creation, the Learn and Serve sion’s recommendations. measures more reflective of the welfare America program has allowed over 15,000,000 In doing this, the Commission will of our families and our nation. students to take part in service-learning ac- look at such things as the current debt tivities to improve their communities and The cost of this commission will be schools. situation of American individuals and fully covered by amounts already au- (4) Most schools do not offer service-learn- households, including categories of thorized and appropriated to the Bu- ing activities, but many students, particu- debt such as credit card debt, edu- reau of Labor Statistics. I urge my col- larly students at risk of dropping out, ex- cation related loans and mortgage pay- leagues to support my legislation press an interest in service-learning.

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.018 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8483

(b) PURPOSES.—The purposes of this section graduation rates, and college-going rates, at ondary schools served by the local edu- are— secondary schools with high concentrations cational agency; (1) to provide increased high-quality serv- of low-income students; ‘‘(3) a description of the amount of time for ice-learning opportunities for in-school and ‘‘(B) maintaining and improving local which the partnership will seek to have par- out-of-school youth in high-need, low-income parks, trails, and rivers, assisting in the de- ticipating individuals participate in service- communities as a strategy to retain and re- velopment of local recycling programs, or learning activities as part of the project, and engage youth likely to drop out and youth implementing initiatives to improve local how that time will be structured; who have dropped out; energy effectively; ‘‘(4) a description of the partnership’s plan (2) to encourage more individuals to en- ‘‘(C) improving civic engagement and par- to provide high-quality, ongoing service- gage in lifetimes of service by teaching ticipation among individuals of all ages; or learning professional development and as- young people the value of service early in ‘‘(D) carrying out another activity that fo- sistance to educators conducting service- their lives; and cuses on solving a community challenge learning activities through the youth en- (3) to establish youth engagement zones faced by the community that the eligible gagement zone program; with the goal of involving all secondary partnership involved will serve. ‘‘(5) a description of how the partnership school students served by a local educational ‘‘(2) GRANT PERIODS.—The Corporation will work to— agency in service-learning to solve a specific shall make the grants for periods of 5 years. ‘‘(A) ensure that out-of-school youth in the community challenge, through a program ‘‘(3) GRANT AMOUNTS.—The Corporation community are included as participants in that can serve as a model for other commu- shall make such a grant to a partnership in service-learning activities carried out nities. an amount of not less than $250,000 and not through the project; and (c) GENERAL AUTHORITY.—Part I of subtitle more than $1,000,000, based on the number of ‘‘(B) re-engage out-of-school youth; B of title I of the National and Community students served by the local educational ‘‘(6) a description of how the partnership Service Act of 1990 (42 U.S.C. 12521 et seq.) is agency in the partnership. will work, through the project, to improve amended— ‘‘(c) ELIGIBLE PARTNERSHIPS.—To be eligi- student engagement, including student at- (1) by redesignating subparts B and C as ble to receive a grant under this section, a tendance and student behavior, and student subparts C and D, respectively; partnership— achievement, graduation rates, and college- (2) by redesignating sections 115, 115A, 116, ‘‘(1) shall include— going rates, at schools served by the local 116A, and 116B as sections 114A through 114E, ‘‘(A) a community-based agency that has a educational agency that is included in the el- respectively; and demonstrated record of success in carrying igible partnership; (3) by inserting after subpart A the fol- out service-learning programs with low-in- ‘‘(7) a description of how the partnership lowing: come students, and that meets such criteria will encourage participants to continue to as the Chief Executive Officer may establish; engage in service after graduation from sec- ‘‘Subpart B—Youth Engagement Zones to and ondary school; and Strengthen Communities ‘‘(B)(i) a local educational agency for ‘‘(8) a description of how youth in the com- ‘‘SEC. 115. GRANT PROGRAM. which— munity were involved in the development of ‘‘(a) DEFINITIONS.—In this section: ‘‘(I) a high number or percentage of the the proposal for the project. ‘‘(1) COLLEGE-GOING RATE.—The term ‘col- students served by the agency, as determined ‘‘(e) PRIORITY AND GEOGRAPHIC DIVER- lege-going rate’ means the percentage of by the Corporation, are low-income students; SITY.— high school graduates who enroll in an insti- and ‘‘(1) PRIORITY.—In making grants under tution of higher education in the school year ‘‘(II) the graduation rate for the secondary this section, the Corporation shall give pri- immediately following graduation from high school students served by the agency is less ority to eligible partnerships that serve high school. than 70 percent; or percentages or numbers of low-income stu- ‘‘(2) GRADUATION RATE.—The term ‘gradua- ‘‘(ii)(I) a State Commission or State edu- dents. tion rate’ means the graduation rate for pub- cational agency; and ‘‘(2) CONSIDERATION.—In making grants lic secondary school students, as defined in ‘‘(II) more than 1 local educational agency under this section, the Corporation shall section 1111(b)(2)(C)(vi) of the Elementary described in clause (i); and take into consideration the relevant data and Secondary Education Act of 1965 (20 ‘‘(2) may include— about the challenges in communities that el- U.S.C. 6311(b)(2)(C)(vi)). ‘‘(A) a local government agency that is not igible partnerships include in their applica- ‘‘(3) LOW-INCOME STUDENT.—The term ‘low- described in paragraph (1); tions, if the relevant partnerships submit income student’ means a student who is eli- ‘‘(B) the office of the chief executive officer such relevant data under subsection gible to be counted under one of the meas- of a unit of general local government; or (d)(1)(A). ures of poverty described in section 1113(a)(5) ‘‘(C) an institution of higher education. ‘‘(3) GEOGRAPHIC DIVERSITY.—The Corpora- of the Elementary and Secondary Education ‘‘(d) APPLICATION.—To be eligible to re- tion shall make the grants to a geographi- Act of 1965 (20 U.S.C. 6313(a)(5)). ceive a grant under this section, a partner- cally diverse set of eligible partnerships, in- ‘‘(4) OUT-OF-SCHOOL YOUTH.—The term ‘out- ship shall submit an application to the Cor- cluding partnerships that serve urban, and of-school youth’ means youth of an appro- poration at such time, in such manner, and partnerships that serve rural, communities. priate age to attend secondary school who containing such information as the Corpora- ‘‘(f) USE OF FUNDS.— are not currently enrolled in secondary tion may require, which shall include— ‘‘(1) MANDATORY ACTIVITIES.—A partnership schools. ‘‘(1) a description of the project to improve that receives a grant under this section shall ‘‘(5) YOUTH ENGAGEMENT ZONE.—The term the community that the partnership is pro- use the funds made available through the ‘youth engagement zone’ means the area in posing to carry out, including— grant to establish and carry out a high-qual- which a youth engagement zone program is ‘‘(A) the community challenge the partner- ity youth engagement zone program de- carried out. ship seeks to address, and relevant data signed to— ‘‘(6) YOUTH ENGAGEMENT ZONE PROGRAM.— about the challenge in such community; or ‘‘(A) solve specific community challenges; The term ‘youth engagement zone program’ ‘‘(B) a description of the process the part- ‘‘(B) improve student engagement, includ- means a service-learning program in which nership will use, as part of the youth engage- ing student attendance and student behav- members of a partnership described in sub- ment zone program, to identify the commu- ior, and student achievement, graduation section (c) collaborate to provide coordi- nity challenge the partnership will seek to rates, and college-going rates in secondary nated school-based or community-based address, including how the partnership will schools; service-learning opportunities, to address a use relevant data to identify such challenge; ‘‘(C) involve an increasing percentage of specific community challenge, for secondary ‘‘(2) a description of how the partnership secondary school students and out-of-school school students served by the local edu- will work with secondary schools served by youth in the community in school-based or cational agency involved as described in sub- the local educational agency that is included community-based service-learning activities section (d)(2)(B), and for an increasing per- in such partnership in carrying out the each year, with the goal of involving all stu- centage of out-of-school youth, over 5 years. project to assure that— dents in secondary schools served by the ‘‘(b) GENERAL AUTHORITY AND AVAILABILITY ‘‘(A) by the end of the third year of the local educational agency and involving an OF FUNDS.— grant period, a majority of the students in increasing percentage of the out-of-school ‘‘(1) GENERAL AUTHORITY.—Subject to para- the secondary schools served by the local youth in service-learning activities over the graph (3), the Corporation may make grants, educational agency will have participated in course of 5 years; and on a competitive basis, to eligible partner- service-learning activities as part of the ‘‘(D) encourage participants to continue to ships to enable the partnerships to establish project; and engage in service throughout their lives. and carry out, in youth engagement zones, ‘‘(B) by the end of the fifth year of the ‘‘(2) PERMISSIBLE ACTIVITIES.—A partner- youth engagement zone programs with sec- grant period— ship that receives a grant under this section ondary school students and with out-of- ‘‘(i) not less than 90 percent of the students may use the funds made available through school youth, in order to carry out projects in those schools will have participated in the grant for activities described in section to improve communities involving— service-learning activities as part of the 111. ‘‘(A) improving student engagement, in- project; or ‘‘(g) RULE OF CONSTRUCTION.—Any require- cluding student attendance and student be- ‘‘(ii) service-learning will be a mandatory ment of this subpart that applies to a local havior, and student academic achievement, part of the curriculum in all of the sec- educational agency in a partnership shall be

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.033 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8484 CONGRESSIONAL RECORD — SENATE September 12, 2008

considered to apply to each local educational ‘‘(2) CONTENTS.—At a minimum, the appli- plan to the Corporation describing how the agency in the partnership.’’. cation shall include information specifying— institution intends to use the funds to en- (d) AUTHORIZATION OF APPROPRIATIONS AND ‘‘(A)(i) the number of undergraduate and, if courage or assist those students to pursue RESERVATIONS.—Section 501(a)(1) of such Act applicable, graduate service-learning courses those careers. (42 U.S.C. 12681(a)(1)) is amended— offered at such institution for the most re- ‘‘(3) ALLOCATION.—The Corporation shall (1) in subparagraph (A), by striking ‘‘title cent full academic year preceding the fiscal determine how the funds appropriated under I’’ and inserting ‘‘title I (other than subpart year for which designation is sought; and section 501(a)(1)(D) for a fiscal year will be B of part I)’’; ‘‘(ii) the number and percentage of under- allocated among the institutions submitting (2) in subparagraph (B)(ii), by striking graduate students and, if applicable, the acceptable plans under paragraph (2). In de- ‘‘subpart B’’ and inserting ‘‘subpart C’’; and number and percentage of graduate students termining the amount of funds to be allo- (3) by adding at the end the following: at such institution who were enrolled in the cated to such an institution, the Corporation ‘‘(C) SUBPART B OF PART I.—There is au- corresponding courses described in clause (i), shall consider the number of students at the thorized to be appropriated to carry out sub- for that preceding academic year; institution, the quality and scope of the plan part B of part I of subtitle B of title I— ‘‘(B) the percentage of undergraduate stu- submitted by the institution under para- ‘‘(i) $20,000,000 for fiscal year 2009; dents engaging in and, if applicable, the per- graph (2), and the institution’s current (as of ‘‘(ii) $30,000,000 for fiscal year 2010; centage of graduate students engaging in ac- the date of submission of the plan) strategies ‘‘(iii) $30,000,000 for fiscal year 2011; tivities providing community services, as de- to encourage or assist students to pursue ‘‘(iv) $40,000,000 for fiscal year 2012; and fined in section 441(c) of the Higher Edu- public service careers in the nonprofit sector ‘‘(v) $40,000,000 for fiscal year 2013.’’. cation Act of 1965 (20 U.S.C. 2751(c)), during or government. SEC. 112. CAMPUS OF SERVICE. that preceding academic year, the quality of ‘‘(e) ADDITIONAL SERVE AMERICA FELLOW- SHIPS.—An institution designated as a Cam- (a) FINDINGS.—Congress finds the fol- such activities, and the average amount of lowing: time spent, per student, engaged in such ac- pus of Service may nominate additional indi- (1) Providing service-learning courses to tivities; viduals (relative to the number that other institutions may nominate) for individuals who are students in institutions ‘‘(C) for that preceding academic year, the ServeAmerica Fellowships under section of higher education can make such individ- percentage of Federal work-study funds 198E.’’. uals more likely to engage in service made available to the institution under part C of title IV of the Higher Education Act of (d) AUTHORIZATION OF APPROPRIATIONS.— throughout their lives, and better prepared Section 501(a)(1) of the National and Commu- to take on public service careers in the non- 1965 (20 U.S.C. 2751 et seq.) that is used to compensate students employed in providing nity Service Act of 1990 (42 U.S.C. 12681(a)(1)), profit sector or government. as amended by section 111(d), is further (2) While many institutions of higher edu- community services, as so defined, and a de- scription of the efforts the institution under- amended— cation, in using work-study funds for com- (1) in subparagraph (A), by striking ‘‘sub- munity service under part C of title IV of the takes to make available to students opportu- nities to provide such community services part B of part I’’ and inserting ‘‘subpart B of Higher Education Act of 1965, considerably part I and part III’’; and exceed the percentage of such funds required and be compensated through such work- study funds; (2) by adding at the end the following: to be used for such service, nationally the ‘‘(D) at the discretion of the institution, ‘‘(D) PART III.—There is authorized to be amount of such funds used for such service information demonstrating the degree to appropriated to carry out part III of subtitle has remained relatively constant for the past which recent graduates of the institution, B of title I $10,000,000 for each of fiscal years few years. and all graduates of the institution, have ob- 2009 through 2013.’’. (3) The public service sector, including tained full-time public service employment SEC. 113. SERVICE-LEARNING IMPACT STUDY. nonprofit organizations and government, in the nonprofit sector or government, with (a) IN GENERAL.—Subtitle B of title I of the faces many human capital challenges, and a private nonprofit organization or a Fed- National and Community Service Act of 1990 institutions of higher education can be a eral, State, or local public agency; and (42 U.S.C. 12521 et seq.), as amended by sec- part of efforts to address the challenges. ‘‘(E) any programs the institution has in tion 112(c), is further amended by adding at (b) PURPOSES.—The purposes of this section place to encourage or assist graduates of the the end the following: are— institution to pursue careers in public serv- ‘‘PART IV—SERVICE-LEARNING IMPACT (1) to identify and recognize institutions of ice in the nonprofit sector or government. STUDY higher education that serve as model Cam- ‘‘(c) NOMINATIONS AND DESIGNATION.— puses of Service, in terms of engaging stu- ‘‘SEC. 119F. STUDY AND REPORT. ‘‘(1) NOMINATION.— dents in community service activities, pro- ‘‘(a) STUDY.— ‘‘(A) IN GENERAL.—A State Commission ‘‘(1) IN GENERAL.—The Corporation shall viding service-learning courses, and encour- that receives applications from institutions aging or assisting graduates to pursue ca- enter into a contract with an entity that is of higher education under subsection (b) may not otherwise a recipient of financial assist- reers in public service in the nonprofit sector nominate, for designation under subsection or government; and ance under this subtitle, to conduct a 10-year (a), not more than 3 such institutions of longitudinal study on the impact of the ac- (2) to allow such institutions to increase higher education, consisting of— their ability to encourage or assist more stu- tivities carried out under this subtitle. ‘‘(i) not more than one 4-year public insti- ‘‘(2) CONTENTS.—In conducting the study, dents to pursue careers in public service, in- tution of higher education; cluding public service careers in the non- the entity shall consider the impact of serv- ‘‘(ii) not more than one 4-year private in- ice-learning activities carried out under this profit sector or government. stitution of higher education; and (c) GENERAL AUTHORITY.—Subtitle B of subtitle on students participating in such ac- ‘‘(iii) not more than one 2-year institution title I of the National and Community Serv- tivities, including in particular examining of higher education. ice Act of 1990 (42 U.S.C. 12521 et seq.) is the degree to which the activities— ‘‘(B) SUBMISSION.—The State Commission amended by adding at the end the following: ‘‘(A) improved student academic achieve- shall submit to the Corporation the name ment; ‘‘PART III—CAMPUS OF SERVICE and application of each institution nomi- ‘‘(B) improved student engagement; PROGRAM nated by the State Commission under sub- ‘‘(C) improved graduation rates; and ‘‘SEC. 119E. CAMPUSES OF SERVICE. paragraph (A). ‘‘(D) improved the degree to which the par- ‘‘(a) IN GENERAL.—The Corporation, after ‘‘(2) DESIGNATION.—The Corporation shall ticipants in the activities engaged in subse- consultation with the Secretary of Edu- designate, under subsection (a), not more quent national service, volunteering, or cation, may annually designate not more than 30 institutions of higher education from other service activities. than 30 institutions of higher education as among the institutions nominated under ‘‘(3) ANALYSIS.—In carrying out such Campuses of Service, from among institu- paragraph (1). In making the designations, study, the entity shall examine the impact tions nominated by State Commissions. An the Corporation shall, if feasible, designate of the service-learning activities on the 4 institution that receives the designation various types of institutions, including insti- factors described in subparagraphs (A) shall have an opportunity to apply for funds tutions from each of the categories of insti- through (D) of paragraph (2), analyzed in under subsection (d), and may nominate ad- tutions described in clauses (i), (ii), and (iii) terms of how much time participants were ditional individuals for ServeAmerica Fel- of paragraph (1)(A). engaged in service-learning activities. lowships under section 198E, as described in ‘‘(d) FUNDS.— ‘‘(4) BEST PRACTICES.—The entity shall col- subsection (e). ‘‘(1) IN GENERAL.—Using sums appropriated lect information on best practices con- ‘‘(b) APPLICATIONS FOR NOMINATION.— under section 501(a)(1)(D), the Corporation cerning using service-learning activities to ‘‘(1) IN GENERAL.—To be eligible for a nomi- shall provide funds to institutions des- improve the 4 factors. nation to receive designation under sub- ignated under subsection (c), to be used by ‘‘(b) REPORT.—The entity shall submit a re- section (a), and have an opportunity to apply the institutions to implement strategies to port to the Corporation containing the re- for funds under subsection (d), for a fiscal encourage or assist students from those in- sults of the study and the information on year, an institution of higher education in a stitutions to pursue careers in public service best practices. The Corporation shall submit State shall submit an application to the in the nonprofit sector or government. such report to the Committee on Education State Commission at such time, in such ‘‘(2) PLAN.—To be eligible to receive funds and Labor of the House of Representatives manner, and containing such information as under this subsection, an institution des- and the Committee on Health, Education, the State Commission may require. ignated under subsection (c) shall submit a Labor, and Pensions of the Senate.

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.033 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8485

‘‘(c) CONSULTATION AND DISSEMINATION.—On ‘‘(A) COMPOSITION.—The Commission shall under that paragraph to serve terms of 3 receiving the report, the Corporation shall be composed of 21 members, of whom— years; consult with the Secretary of Education to ‘‘(i) 9 shall be appointed by the President; ‘‘(iii) under paragraph (2)(A)(iii) shall des- review the results of the study, and to iden- ‘‘(ii) 3 shall be appointed by the majority ignate 1 of the initial members appointed tify best practices concerning using service- leader of the Senate; under that paragraph to serve terms of 3 learning activities to improve the 4 factors ‘‘(iii) 3 shall be appointed by the minority years; described in subparagraphs (A) through (D) leader of the Senate; ‘‘(iv) under paragraph (2)(A)(iv) shall des- of subsection (a)(2). The Corporation shall ‘‘(iv) 3 shall be appointed by the Speaker of ignate 1 of the initial members appointed disseminate information on the identified the House of Representatives; and under that paragraph to serve terms of 3 best practices.’’. ‘‘(v) 3 shall be appointed by the minority years; and (b) AUTHORIZATION OF APPROPRIATIONS.— leader of the House of Representatives. ‘‘(v) under paragraph (2)(A)(v) shall des- Section 501(a)(1) of the National and Commu- ‘‘(B) QUALIFICATIONS OF PRESIDENTIAL AP- ignate 2 of the initial members appointed nity Service Act of 1990 (42 U.S.C. 12681(a)(1)), POINTEES.— under that paragraph to serve terms of 3 as amended by section 112(d), is further ‘‘(i) EXPERIENCE AND EXPERTISE.—Subject years. amended— to subparagraph (D)(ii), the Commission ‘‘(4) VACANCIES.—Any vacancy in the Com- (1) in subparagraph (A), by striking ‘‘sub- shall include members appointed under sub- mission shall not affect its powers, but shall part B of part I and part III’’ and inserting paragraph (A)(i) who, to the extent prac- be filled in the same manner as the original ‘‘subpart B of part I, and parts III and IV’’; ticable, collectively have extensive experi- appointment. and ence or are experts in— ‘‘(5) INITIAL MEETING.—Not later than 30 (2) by adding at the end the following: ‘‘(I) social entrepreneurship and social en- days after the date on which all voting mem- ‘‘(D) PART IV.—There are authorized to be terprise; bers of the Commission have been appointed, appropriated to carry out part IV of subtitle ‘‘(II) the management and operation of the Commission shall hold its first meeting. B of title I such sums as may be necessary small nonprofit organizations and large non- ‘‘(6) MEETINGS.—The Commission shall for each of fiscal years 2009 through 2013.’’. profit organizations; meet at the call of the Chairperson, not less ‘‘(III) business, including a business with Subtitle B—Supporting Social Innovation than 3 times a year. experience working with a startup enterprise and Entrepreneurship ‘‘(7) QUORUM.—A majority of the voting and a business with experience working with members of the Commission shall constitute SEC. 121. INNOVATION AND ENTREPRENEURSHIP. the nonprofit sector; a quorum, but a lesser number of voting (a) IN GENERAL.—Title I of the National ‘‘(IV) philanthropy, including the specific members may hold hearings. and Community Service Act of 1990 (42 U.S.C. philanthropic challenges in urban and rural 12511 et seq.) is amended— areas and in areas that are philanthropically ‘‘(d) DUTIES OF THE COMMISSION.— (1) by redesignating subtitles F through I underserved; ‘‘(1) STUDY.— as subtitles H through K; and ‘‘(V) volunteering, including effective vol- ‘‘(A) IN GENERAL.—The Commission shall (2) by inserting after subtitle E the fol- unteer management; and conduct a thorough study of all matters re- lowing: ‘‘(VI) qualitative and quantitative social lating to ways in which the Federal Govern- ment can work more efficiently and effec- ‘‘Subtitle F—Social Innovation and science research. tively with nonprofit organizations and phil- Entrepreneurship ‘‘(ii) OTHER QUALIFICATIONS.—The Commis- sion shall include, among the members ap- anthropic organizations to assist the organi- ‘‘PART I—COMMISSION ON CROSS SECTOR pointed under subparagraph (A)(i), a wide zations described in this subparagraph, and SOLUTIONS range of individuals, including young people, the Federal Government, in achieving better ‘‘SEC. 167. COMMISSION. and individuals from diverse economic, ra- outcomes with regard to addressing pressing ‘‘(a) FINDINGS.—Congress makes the fol- cial, ethnic, and religious backgrounds, and national and local challenges, and improving lowing findings: individuals from diverse geographic areas. accountability and utilization of resources, ‘‘(1) Nonprofit organizations play a signifi- ‘‘(C) QUALIFICATIONS OF CONGRESSIONAL AP- and relating to assisting the Federal Govern- cant role in addressing national and local POINTEES.— ment, such organizations, and business in challenges that impact economically dis- ‘‘(i) EXPERIENCE AND EXPERTISE.—Subject improving their collaboration to achieve advantaged individuals. to subparagraph (D)(ii), the Commission such outcomes. ‘‘(2) Innovative nonprofit organizations shall include members appointed under ‘‘(B) MATTERS STUDIED.—The matters stud- often serve as a research and development clauses (ii) through (v) of subparagraph (A) ied by the Commission shall include— engine for the social service sector, identi- who, to the extent practicable, collectively ‘‘(i) ways in which the Federal Government fying effective solutions to national and have extensive experience or are experts in interacts with nonprofit organizations, phil- local challenges. the matters described in subparagraph (B)(i). anthropic organizations, and business to ad- ‘‘(3) Despite the important role effective ‘‘(ii) OTHER QUALIFICATIONS.—The Commis- dress national and local challenges; nonprofit organizations play in addressing sion shall include, among the members ap- ‘‘(ii) ways in which businesses collaborate national and local challenges, such organiza- pointed under clauses (ii) through (v) of sub- with nonprofit organizations and philan- tions face administrative and efficiency bar- paragraph (A), a wide range of individuals thropic organizations, and any barriers to riers in maximizing their work with busi- with the qualifications described in subpara- maximizing the effectiveness of those col- nesses and the government, and limited re- graph (B)(ii). laborations in addressing national and local sources are available to help such organiza- ‘‘(D) LIMITATIONS.— challenges; tions increase their capacity to deliver serv- ‘‘(i) CHAIRPERSON AND VICE CHAIRPERSON.— ‘‘(iii) public and nonprofit sector human ices more effectively, efficiently, on a larger The President shall select a Chairperson and capital challenges, including specific upcom- scale, and with greater accountability. a Vice Chairperson, who may not be mem- ing human capital needs facing the nonprofit ‘‘(b) PURPOSES.—The purposes of this sec- bers of the same political party, from among sector and such needs facing the government tion are— the members of the Commission appointed sector, the causes of needs described in this ‘‘(1) to examine and recommend ways in under subparagraph (A). clause, and ways in which nonprofit organi- which the Federal Government can interact ‘‘(ii) GENERAL MEMBERSHIP.—Members ap- zations and governments can address the more efficiently and effectively with non- pointed under subparagraph (A) shall include challenges jointly; profit organizations, philanthropic organiza- not more than 11 members who are members ‘‘(iv) ways in which government policies tions, and business to achieve better out- of the same political party. could be improved to foster nonprofit organi- comes with regard to addressing national ‘‘(E) EX OFFICIO MEMBERS.—Heads of Fed- zation accountability; and local challenges, accountability, and uti- eral agencies, appointed to the Commission ‘‘(v) systems for streamlining the process lization of resources; by the President, whose work concerns the for nonprofit organizations to obtain Federal ‘‘(2) to provide advice to the President and nonprofit sector shall serve as ex officio non- grants and contracts, and eliminating unnec- Congress regarding new, more effective ways voting members of the Commission. essary requirements relating to that process; for the Federal Government to address na- ‘‘(F) DATE.—The appointments of the mem- ‘‘(vi) barriers for smaller nonprofit organi- tional and local challenges in partnership bers of the Commission shall be made not zations to participate in Federal Govern- with the nonprofit sector; and later than May 31, 2009. ment programs; ‘‘(3) to support research that will advance ‘‘(3) PERIOD OF APPOINTMENT.— ‘‘(vii) the degree to which, and ways in the impact and effectiveness of the nonprofit ‘‘(A) IN GENERAL.—Members appointed which, social entrepreneurs are identifying sector and the way that the Federal Govern- under paragraph (2)(A) shall be appointed for innovative ways of addressing national and ment interacts with such sector. terms of 2 years. local challenges; ‘‘(c) ESTABLISHMENT OF COMMISSION.— ‘‘(B) EXCEPTION.—The appointing officer— ‘‘(viii) ways in which the Federal Govern- ‘‘(1) ESTABLISHMENT.—There is established ‘‘(i) under paragraph (2)(A)(i) shall des- ment can help build the capacity of effective a commission to be known as the Commis- ignate 4 of the initial members appointed social entrepreneurs and effective nonprofit sion on Cross-Sector Solutions to America’s under that paragraph to serve terms of 3 organizations, including the capacity of the Problems (in this section referred to as the years; entrepreneurs and organizations to replicate ‘Commission’). ‘‘(ii) under paragraph (2)(A)(ii) shall des- programs that provide effective ways of ad- ‘‘(2) MEMBERSHIP.— ignate 2 of the initial members appointed dressing national and local challenges;

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.033 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8486 CONGRESSIONAL RECORD — SENATE September 12, 2008

‘‘(ix) ways in which the Federal Govern- ‘‘(2) STAFF.—Any Corporation for National ‘‘(e) PERIODS; AMOUNTS.—The Corporation ment supports social service sector research and Community Service employee may be shall make such grants for periods of 5 years, and development, whether there is a need to detailed to the Commission without reim- and may renew the grants for additional pe- increase such support, and, if so, how such bursement, and such detail shall be without riods of 5 years, in amounts of not less than support may be increased; interruption or loss of civil service status or $1,000,000 and not more than $10,000,000 per ‘‘(x) ways in which the Federal Govern- privilege. year. ment can partner with nonprofit organiza- ‘‘(g) TERMINATION OF THE COMMISSION.—The ‘‘(f) ELIGIBILITY.—To be eligible to receive tions after an emergency or disaster to ad- Commission shall terminate in 6 years. a grant under this section, an entity shall— dress the needs of the community involved; ‘‘(h) AVAILABILITY.—Any sums appro- ‘‘(1) be a covered entity; and priated to carry out this section shall re- ‘‘(2) be focused on— ‘‘(xi) ways in which the Federal Govern- main available, without fiscal year limita- ‘‘(A) serving a specific local geographical ment can make more data available about tion, until expended. area; or the nonprofit sector, as the Federal Govern- ‘‘PART II—COMMUNITY SOLUTIONS FUNDS ‘‘(B) addressing a specific issue area, in ment does for the business and government PILOT PROGRAM geographical areas that have the highest sectors. ‘‘SEC. 167A. FUNDS. need in that issue area, as demonstrated by ‘‘(2) GRANTS.—The Commission shall pro- ‘‘(a) FINDINGS.—Congress finds the fol- statistics concerning that need; vide advice to the President and Congress re- lowing: ‘‘(3) be focused on improving measurable garding the establishment of grants to build ‘‘(1) Social entrepreneurs and other non- outcomes relating to— the capacity of the nonprofit sector, to sup- profit community organizations are devel- ‘‘(A) education for economically disadvan- port research on the sector, and to model in- oping innovative and effective solutions to taged students in public schools; novative effective ways for the Federal Gov- national and local challenges. ‘‘(B) child and youth development; ernment to address national and local chal- ‘‘(2) Increased public and private invest- ‘‘(C) reductions in poverty or increases in lenges by supporting social entrepreneurship ment in replicating and expanding proven ef- economic opportunity for economically dis- and enabling nonprofit organizations to rep- fective solutions developed by social entre- advantaged individuals; licate and expand effective solutions to na- preneurs and other nonprofit community or- ‘‘(D) health, including access to health tional and local challenges. ganizations, could allow those entrepreneurs care and health education; ‘‘(3) ADVICE TO THE PRESIDENT AND CON- and organizations to replicate and expand ‘‘(E) resource conservation and local envi- GRESS.—The Commission shall advise the proven initiatives in communities. ronmental quality; President and Congress on matters con- ‘‘(3) A network of Community Solutions ‘‘(F) individual or community energy effi- cerning the nonprofit sector and social en- Funds could leverage Federal investments to ciency; trepreneurship. increase State, local, business, and philan- ‘‘(G) civic engagement; or ‘‘(4) REPORT.—Not later than 18 months thropic resources to replicate and expand ‘‘(H) reductions in crime; after the first meeting of the Commission, proven solutions to tackle specific identified ‘‘(4) make data-driven decisions about the Commission shall submit a report to community challenges. subgrant awards and internal policies; Congress, which shall contain a detailed ‘‘(b) PURPOSES.—The purposes of this sec- ‘‘(5) have well-articulated processes for as- statement of the findings of the Commission tion are— sessing community organizations for sub- resulting from the study described in para- ‘‘(1) to recognize and increase the impact grants; and graph (1), and the advice provided under of social entrepreneurs and other nonprofit ‘‘(6) have appropriate policies, as deter- paragraphs (2) and (3). The report shall con- community organizations in tackling na- mined by the Corporation, that protect tain recommendations resulting from the tional and local challenges; against conflict of interest, self-dealing, and study. ‘‘(2) to stimulate the development of a net- other improper practices. ‘‘(5) ADVICE ON IMPLEMENTATION.—At the work of Community Solutions Funds that ‘‘(g) APPLICATION.—To be eligible to re- request of Congress or the head of any Fed- will increase private and public investment ceive a grant under subsection (d) for na- eral department or agency, the Commission in nonprofit community organizations that tional leveraging capital, an eligible entity shall provide advice on the implementation are effectively addressing national and local shall submit an application to the Corpora- of any of the recommendations contained in challenges to allow such organizations to tion at such time, in such manner, and con- the report. replicate and expand successful initiatives; taining such information as the Corporation ‘‘(e) POWERS OF THE COMMISSION.— ‘‘(3) to assess the effectiveness of such may specify, including, at a minimum— ‘‘(1) HEARINGS.—The Commission may hold Funds in— ‘‘(1) an assurance that the eligible entity such hearings, sit and act at such times and ‘‘(A) leveraging Federal investments to in- will— places, take such testimony, and receive crease State, local, business, and philan- ‘‘(A) use the funds received through that such evidence as the Commission considers thropic resources to address national and capital in order to make subgrants to com- advisable to carry out this section. local challenges; and munity organizations that will use the funds ‘‘(2) INFORMATION FROM FEDERAL AGEN- ‘‘(B) providing resources to replicate and to replicate or expand proven initiatives in CIES.— expand effective initiatives; and low-income communities; ‘‘(A) IN GENERAL.—The Commission may ‘‘(4) to strengthen the infrastructure to in- ‘‘(B) in making decisions about subgrants secure directly from any Federal agency vest in, and replicate and expand, initiatives for communities, consult with a diverse such information as the Commission con- with effective solutions to national and local cross section of community representatives siders necessary to carry out this Act. challenges. in the decisions, including individuals from ‘‘(B) AGENCY COOPERATION.—Upon request ‘‘(c) DEFINITIONS.—In this section: the public, nonprofit private, and for-profit of the Chairperson of the Commission, the ‘‘(1) COMMUNITY ORGANIZATION.—The term private sectors; and head of any Federal agency shall furnish in- ‘community organization’ means a nonprofit ‘‘(C) make subgrants of a sufficient size formation requested under this paragraph to organization that carries out innovative, ef- and scope to enable the community organiza- the Commission. fective initiatives to address community tions to build their capacity to manage ini- ‘‘(3) POSTAL SERVICES.—The Commission challenges. tiatives, and sustain replication or expansion may use the United States mails in the same ‘‘(2) COVERED ENTITY.—The term ‘covered of the initiatives; manner and under the same conditions as entity’ means— ‘‘(2) an assurance that the eligible entity other agencies of the Federal Government. ‘‘(A) an existing grantmaking institution will not make any subgrants to the parent ‘‘(4) GIFTS.—The Commission may accept, (existing as of the date on which the institu- organizations of the eligible entity, a sub- use, and dispose of gifts or donations of serv- tion applies for a grant under this section); sidiary organization of the parent organiza- ices or property. or tion, or, if the eligible entity applied for ‘‘(f) COMMISSION PERSONNEL MATTERS.— ‘‘(B) a partnership between— funds under this section as a partnership, ‘‘(1) TRAVEL EXPENSES.—The members of ‘‘(i) such an existing grantmaking institu- any member of the partnership; the Commission shall serve without com- tion; and ‘‘(3) an identification of, as appropriate— pensation for their work on the Commission. ‘‘(ii) an additional grantmaking institu- ‘‘(A) the specific local geographical area Notwithstanding section 1342 of title 31, tion, a State Commission, or a chief execu- referred to in subsection (f)(2)(A) that the el- United States Code, the Chief Executive Offi- tive officer of a unit of general local govern- igible entity is proposing to serve; or cer of the Corporation may accept the vol- ment. ‘‘(B) geographical areas referred to in sub- untary and uncompensated services of mem- ‘‘(3) ISSUE AREA.—The term ‘issue area’ section (f)(2)(B) that the eligible entity is bers of the Commission. The members of the means an area described in subsection (f)(3). likely to serve; Commission shall be allowed travel expenses, ‘‘(d) PROGRAM.—The Corporation shall es- ‘‘(4)(A) information identifying the issue including per diem in lieu of subsistence, at tablish a Community Solutions Fund grant areas in which the eligible entity will work rates authorized for employees of agencies program to make grants on a competitive to improve measurable outcomes; under subchapter I of chapter 57 of title 5, basis to eligible entities to assist the entities ‘‘(B) statistics on the needs related to United States Code, while away from their in paying for the cost of providing national those issue areas in, as appropriate— homes or regular places of business in the leveraging capital for Community Solution ‘‘(i) the specific local geographical area de- performance of services for the commission. Funds. scribed in paragraph (3)(A); or

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.033 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8487 ‘‘(ii) the geographical areas described in ‘‘(3) include among the grant recipients eli- eligible entity is seeking to improve as iden- paragraph (3)(B), including statistics dem- gible entities that propose to provide sub- tified under subsection (g)(4)(C); onstrating that those geographical areas grants to community organizations serving ‘‘(C) an identification of the community in have the highest need in the specific issue rural low-income communities. which the community organization proposes area that the eligible entity is proposing to ‘‘(i) MATCHING FUNDS FOR GRANTS.— to carry out an initiative, which shall be address; and ‘‘(1) IN GENERAL.—The Corporation may within the specific local geographical area ‘‘(C) information on the specific measur- not make a grant to an eligible entity under referred to in subsection (f)(2)(A) or the geo- able outcomes related to the issue areas in- this section for a Community Solutions graphical areas referred to in subsection volved that the eligible entity will seek to Fund unless the entity agrees that, with re- (f)(2)(B), that the eligible entity serves; improve; spect to the cost described in subsection (d) ‘‘(D) a description of how the community for that Fund, the entity will make available ‘‘(5) information describing the process by organization uses data to analyze and im- matching funds in an amount not less that $1 which the eligible entity selected, or will se- prove its initiatives; for every $1 of funds provided under the lect, community organizations to receive the ‘‘(E) specific evidence of how the commu- grant. subgrants, to ensure that the community or- nity organization will meet the requirements ‘‘(2) NON-FEDERAL SHARE.— ganizations— for providing matching funds specified in ‘‘(A) TYPE AND SOURCES.—The eligible enti- ‘‘(A) are institutions with proven initia- subsection (k); tives, with track records of achieving spe- ty shall provide the matching funds in cash. The eligible entity shall provide the match- ‘‘(F) a description of how the community cific outcomes related to the measurable organization will sustain the replicated or outcomes for the eligible entity; ing funds from State, local, or private expanded initiative after the conclusion of ‘‘(B) articulate measurable outcomes for sources, which may include State or local the subgrant period; and the use of the subgrant funds that are con- agencies, businesses, private philanthropic ‘‘(G) any other information the eligible en- nected to the measurable outcomes for the organizations, or individuals. tity may require, including information nec- eligible entity; ‘‘(B) ELIGIBLE ENTITIES INCLUDING STATE essary for the eligible entity to fulfill its ob- ‘‘(C) will use the funds to replicate or ex- COMMISSIONS OR LOCAL GOVERNMENT OF- pand their initiatives; FICES.— ligations under subsection (g)(5). ‘‘(i) IN GENERAL.—In a case in which a ‘‘(D) provide a well-defined plan for repli- ‘‘(k) MATCHING FUNDS FOR SUBGRANTS.— State Commission, a local government of- cating or expanding the initiatives funded; ‘‘(1) IN GENERAL.—An eligible entity may fice, or both entities are a part of the eligible ‘‘(E) can sustain the initiatives after the not make a subgrant to a community organi- entity, the State involved, the local govern- subgrant period concludes through reliable zation under this section for an initiative de- ment involved, or both entities, respectively, public revenues, earned income, or private scribed in subsection (j)(3)(A) unless the or- shall contribute not less than 30 percent and sector funding; not more than 50 percent of the matching ganization agrees that, with respect to the ‘‘(F) have strong leadership and financial funds. cost of carrying out that initiative, the orga- and management systems; ‘‘(ii) LOCAL GOVERNMENT OFFICE.—In this nization will make available, on an annual ‘‘(G) are committed to the use of data col- subparagraph, the term ‘local government basis, matching funds in an amount not less lection and evaluation for improvement of office’ means the office of the chief executive than $1 for every $1 of funds provided under the initiatives; officer of a unit of general local government. the subgrant. If the community organization ‘‘(H) will implement and evaluate innova- ‘‘(3) REDUCTION.—The Corporation may re- fails to make such matching funds available tive initiatives, to be important contributors duce by 50 percent the matching funds re- for a fiscal year, the eligible entity shall not to knowledge in their fields; and quired by paragraph (1) for an eligible entity make payments for the remaining fiscal ‘‘(I) will meet the requirements for pro- serving a community (such as a rural low-in- years of the subgrant period, notwith- viding matching funds specified in sub- come community) that the eligible entity standing any other provision of this part. section (k); can demonstrate is significantly philan- ‘‘(2) TYPES AND SOURCES.—The community ‘‘(6) information about the eligible entity, thropically underserved. organization shall provide the matching including its experience managing collabo- ‘‘(j) SUBGRANTS.— funds in cash. The community organization rative initiatives, or assessing applicants for ‘‘(1) SUBGRANTS AUTHORIZED.—An eligible shall provide the matching funds from State, grants and evaluating the performance of entity receiving a grant under this section is local, or private sources, which may include grant recipients for outcome-focused initia- authorized to use the funds made available funds from State or local agencies, or private tives, and any other relevant information; through the grant to award subgrants on a sector funding. ‘‘(7) a commitment to meet the require- competitive basis to— ‘‘(l) NATIONAL FUNCTIONS.— ments of subsection (i) and a plan for meet- ‘‘(A) community organizations serving low- ‘‘(1) CORPORATION.—The Corporation shall ing the requirements, including information income communities within the specific enter into a contract with an independent on any funding that the eligible entity has local geographical area referred to in sub- secured to provide the matching funds re- section (f)(2)(A); or entity (referred to in this subsection as a quired under that subsection; ‘‘(B) community organizations addressing ‘national contractor’) to evaluate the eligi- ‘‘(8) a description of the eligible entity’s a specific issue area referred to in subsection ble entities, and the initiatives supported by plan for providing technical assistance and (f)(2)(B), in low-income communities in geo- the eligible entities. support, other than financial support, to the graphical areas referred to in that sub- ‘‘(2) NATIONAL CONTRACTOR.— community organizations that will increase section. ‘‘(A) RESEARCH AND REPORTS.— the ability of the community organizations ‘‘(2) PERIODS; AMOUNTS.—The eligible enti- ‘‘(i) IN GENERAL.—The national contractor to achieve their measurable outcomes; ty shall make such subgrants for periods of shall collect data and conduct or support re- ‘‘(9) information on the commitment, in- not less than 3 and not more than 5 years, search with respect to the eligible entities, stitutional capacity, and expertise of the eli- and may renew the grants for such periods, and the initiatives supported by the eligible gible entity concerning— in amounts of not less than $100,000. entities, to determine the success of the pro- ‘‘(A) collecting and analyzing data required ‘‘(3) APPLICATIONS.—To be eligible to re- gram carried out under this section in repli- for evaluations, compliance efforts, and ceive a subgrant from an eligible entity cating and expanding initiatives, including— other purposes; under this section, including receiving a pay- ‘‘(I) the success of the replicated or ex- ‘‘(B) supporting relevant research; and ment for that subgrant each year, a commu- panded initiatives in improving measurable ‘‘(C) submitting regular reports to the Cor- nity organization shall submit an applica- outcomes; and poration, including information on the ini- tion to an eligible entity that serves the spe- ‘‘(II) the success of the program in increas- tiatives of the community organizations, and cific local geographical area, or geographical ing philanthropic investments in philan- the replication or expansion of such initia- areas, that the community organization pro- thropically-underserved communities. tives; and poses to serve, at such time, in such manner, ‘‘(ii) REPORTS.—The national contractor ‘‘(10) a commitment to use data and eval- and containing such information as the eligi- shall submit reports to Congress and the uations to continuously improve the initia- ble entity may require, including— Corporation including— tives funded by the eligible entity. ‘‘(A) a description of the initiative the ‘‘(I) the data collected and the results of ‘‘(h) SELECTION CRITERIA.—In selecting eli- community organization carries out and the research; gible entities to receive grants under this plans to replicate or expand using funds re- ‘‘(II) information on lessons learned about section, the Corporation shall— ceived from the eligible entity, and how the best practices from the activities carried out ‘‘(1) select eligible entities on a competi- initiative relates to the issue areas identi- under this section, to improve those activi- tive basis; fied under subsection (g)(4)(A) in which the ties; and ‘‘(2) select eligible entities on the basis of eligible entity has committed to work; ‘‘(III) a list of all eligible entities and com- the quality of their selection process, as de- ‘‘(B) data on the measurable outcomes the munity organizations receiving funds under scribed in subsection (g)(5), the capacity of community organization has improved, and this section. the eligible entities to manage Community information on the measurable outcomes the ‘‘(B) TECHNICAL ASSISTANCE.—The national Solutions Funds, and the potential of the eli- community organization seeks to improve by contractor shall provide technical assistance gible entities to sustain the Funds after the replicating or expanding an initiative, which to the eligible entities that receive grants conclusion of the grant period; and shall be among the measurable outcomes the under this section.

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.033 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8488 CONGRESSIONAL RECORD — SENATE September 12, 2008

‘‘(C) KNOWLEDGE MANAGEMENT.—The na- ‘‘(B) 50 percent for the second year of the (c) GENERAL AUTHORITY.—Title I of the Na- tional contractor shall maintain a clearing- grant period. tional and Community Service Act of 1990 (42 house for information on best practices re- ‘‘(2) NON-FEDERAL SHARE.—The individual U.S.C. 12511 et seq.), as amended by section sulting from initiatives supported by the eli- may provide the non-Federal share of the 121, is further amended by inserting after gible entities. cost in cash or in kind, fairly evaluated, in- subtitle F the following: ‘‘(D) RESERVATION.—Of the funds appro- cluding plant, equipment, or services. The ‘‘Subtitle G—ServeAmerica Corps priated under section 501(a)(5)(B) for a fiscal individual may provide the non-Federal ‘‘SEC. 168. CORPS. year, not more than 5 percent may be used to share from State, local, or private sources. ‘‘(a) DEFINITIONS.—In this section: ‘‘(h) CONSIDERATION.—In reviewing applica- carry out this subsection. ‘‘(1) 21ST CENTURY COMMUNITY LEARNING tions, the Corporation shall take into consid- ‘‘PART III—INNOVATION FELLOWSHIPS CENTER.—The term ‘21st century community eration the likelihood that a project pro- PILOT PROGRAM learning center’ has the meaning given the posed to serve a community, if successful, term ‘community learning center’, as de- ‘‘SEC. 167B. PROGRAM. will be replicable in other communities. ‘‘(a) GRANTS.—The Corporation shall make ‘‘(i) TECHNICAL ASSISTANCE.—The Corpora- fined in section 4201 of the Elementary and grants, on a competitive basis, to individuals tion may reserve 15 percent of the funds ap- Secondary Education Act of 1965 (20 U.S.C. to pay for the Federal share of carrying out propriated to carry out this section to pro- 7171). projects in which the individuals establish vide technical assistance to individuals and ‘‘(2) CLEAN ENERGY SERVICE CORPS.—The innovative nonprofit organizations to ad- nonprofit organizations carrying out term ‘Clean Energy Service Corps’ means the dress national and local challenges. projects under this section.’’. participants who improve performance on ‘‘(b) AMOUNTS, PERIODS, AND NUMBER OF (b) AUTHORIZATION OF APPROPRIATIONS.— clean energy indicators through the grants GRANTS.—The Corporation shall make the Section 501(a) of the National and Commu- funded under subsection (c)(3). grants for periods of 2 years. The Corpora- nity Service Act of 1990 (42 U.S.C. 12681(a)) is ‘‘(3) CLEAN ENERGY SERVICE CORPS FUND.— tion shall make the grants in amounts of not amended by adding at the end the following: The term ‘Clean Energy Service Corps Fund’ more than $100,000. The Corporation shall ‘‘(5) SUBTITLE F.—There are authorized to means the Clean Energy Service Corps Fund make not more than 25 grants under sub- be appropriated— established under subsection (b)(3). section (a) in a fiscal year. ‘‘(A) to carry out section 167, such sums as ‘‘(4) CLEAN ENERGY INDICATORS.—The term ‘‘(c) PAYMENTS.—The Corporation shall may be necessary for each of fiscal years 2009 ‘clean energy indicators’ means— make the grant awards through annual pay- through 2013; ‘‘(A) number of housing units of low-in- ments, for the 2 years of the grant periods. ‘‘(B) to carry out section 167A, $50,000,000 come households weatherized or retrofitted ‘‘(d) ELIGIBLE APPLICANT.—To be eligible to for fiscal year 2009, $60,000,000 for fiscal year to improve energy efficiency; apply for a grant under this section, an indi- 2010, $70,000,000 for fiscal year 2011, $80,000,000 ‘‘(B) annual energy costs (to determine vidual shall— for fiscal year 2012, and $100,000,000 for fiscal savings in those costs) at facilities where ‘‘(1) have completed at least 1 term or pe- year 2013, and such sums as may be necessary participants have provided service; riod of service as a participant in a national for each subsequent fiscal year; and ‘‘(C) number of national parks, State service program under subtitle C or G, as a ‘‘(C) to carry out section 167B, $3,500,000 for parks, city parks, county parks, forest pre- participant in a program under subtitle E or fiscal year 2009, and $5,000,000 for each subse- serves, or trails or rivers owned or main- section 198E, or as a volunteer in a program quent fiscal year.’’. tained by the Federal Government or a under part A of title I of the Domestic Vol- Subtitle C—ServeAmerica Corps State, that are cleaned or improved; unteer Service Act of 1973 (42 U.S.C. 4951 et SEC. 131. CORPS. ‘‘(D) another indicator relating to clean seq.); or (a) FINDINGS.—Congress finds the fol- energy that the Corporation, in consultation ‘‘(2) be a veteran, as defined in section 101 lowing: with the Administrator of the Environ- of title 38, United States Code. (1) Since 1993, over 500,000 individuals have mental Protection Agency and the Secretary ‘‘(e) INITIAL APPLICATION.— served in national service positions, meeting of Energy, establishes for a given year; and ‘‘(1) IN GENERAL.—To be eligible to receive unmet human, educational, environmental, ‘‘(E) a local indicator (applicable to a par- a grant under this section, and a payment for and public safety needs of the United States. ticular eligible entity and on which an im- the first year of the grant period, an indi- (2) Full- and part-time national service can provement in performance is needed) relat- vidual shall submit an application to the effectively promote an ethic of service and ing to clean energy, proposed by that eligible Corporation at such time, in such manner, volunteering, and former national service entity in an application submitted to, and and containing such information as the Cor- participants are likely to remain engaged in approved by, a State Commission or the Cor- poration may require. national service, and participate in commu- poration under this section. ‘‘(2) CONTENTS.—At a minimum, the appli- nity and public service. ‘‘(5) COLLEGE-GOING RATE.—The term ‘col- cation shall include— (3) Focused national service efforts can ef- lege-going rate’ means the percentage of ‘‘(A) a description of the national or local fectively tackle pressing national chal- high school graduates who enroll in an insti- challenge that the individual seeks to ad- lenges, such as improving education for low- tution of higher education in the school year dress through the project involved; income students, increasing energy con- immediately following graduation from high ‘‘(B) a description of the project the indi- servation, and improving the health, well- school. vidual is proposing or the organization the being, and economic opportunities of the ‘‘(6) EDUCATION CORPS.—The term ‘Edu- individual is proposing to establish through neediest individuals in the Nation. cation Corps’ means the participants who the project, including information describing (4) An increasing number of individuals in improve performance on education indica- why the individual’s proposal to address the the United States who are retiring or age 50 tors through the grants funded under sub- challenge is innovative; or older indicate an interest in service, with section (c)(1). ‘‘(C) information describing how the indi- almost 60 percent of such individuals indi- ‘‘(7) EDUCATION CORPS FUND.—The term vidual proposes to address the challenge at cating that they would consider taking jobs ‘Education Corps Fund’ means the Education the community level; and now or in the future to serve their commu- Corps Fund established under subsection ‘‘(D) information describing the location of nities. (b)(1). the project and the community the indi- (b) PURPOSES.—The purposes of this section ‘‘(8) EDUCATION INDICATORS.—The term vidual proposes to serve through the project, are— ‘education indicators’ means— including relevant data about the challenge (1) to provide opportunities by 2013 for ‘‘(A) student engagement, including stu- in that community. 250,000 individuals annually to participate in dent attendance and student behavior; ‘‘(f) SUBSEQUENT APPLICATION.—To be eligi- a year of service, by providing funding for an ‘‘(B) student academic achievement; ble to receive a payment for the second year additional 175,000 individuals (in addition to ‘‘(C) high school graduation rates; of the grant period, the individual shall sub- the 75,000 individuals already participating) ‘‘(D) college-going rates for high school mit to the Corporation— each year to so participate, and to continue graduates; ‘‘(1) a report on the actions taken by the growing national service in the future; ‘‘(E) college persistence rates for high individual, and, if applicable, the nonprofit (2) to focus national service in the areas of school graduates; organization established using funds pro- national need such service has the capacity ‘‘(F) an additional indicator relating to im- vided under this section, to carry out the to address, such as improving education for proving education for students that the Cor- project; and low-income students, increasing energy con- poration, in consultation with the Secretary ‘‘(2) information describing how the indi- servation, improving access to health care of Education, establishes for a given year; vidual will comply with the non-Federal for, and the health status of, individuals in and share requirement described in subsection medically underserved populations, and cre- ‘‘(G) a local indicator (applicable to a par- (g) for the second year of the grant period. ating new economic opportunities for low-in- ticular eligible entity and on which an im- ‘‘(g) NON-FEDERAL SHARE.— come individuals; and provement in performance is needed) relat- ‘‘(1) IN GENERAL.—The Federal share of the (3) to encourage ‘‘encore service’’ and draw ing to improving education for students, pro- cost of carrying out a project under this sec- on the talents and experience of individuals posed by that eligible entity in an applica- tion shall be— age 50 and older, by providing better oppor- tion submitted to, and approved by, a State ‘‘(A) 100 percent for the first year of the tunities and incentives for individuals of Commission or the Corporation under this grant period; and that age to serve. section.

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.034 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8489

‘‘(9) ELIGIBLE ENTITY.—The term ‘eligible tors through the grants funded under sub- under this paragraph to State Commissions entity’ means an entity that— section (c)(4). and eligible entities, as described in para- ‘‘(A) is a nonprofit organization with a ‘‘(18) OPPORTUNITY CORPS FUND.—The term graph (5). proven record of improving, or a promising ‘Opportunity Corps Fund’ means the Oppor- ‘‘(B) PROGRAMS.—The Corporation shall strategy to improve, performance on appro- tunity Corps Fund established under sub- make the grants to pay for the Federal share priate indicators described in this sub- section (b)(4). of the cost of carrying out full- or part-time section; ‘‘(19) OPPORTUNITY INDICATORS.—The term national service programs that are con- ‘‘(B) meets the eligibility requirements to ‘opportunity indicators’ means— sistent with subtitle C and that improve per- receive a grant under subtitle C; and ‘‘(A) financial literacy among economi- formance on clean energy indicators, ‘‘(C) if the entity is seeking to receive (or cally disadvantaged individuals; through the service of the participants in the has received) a grant directly under sub- ‘‘(B) housing units built or improved for programs. section (c), is seeking to carry out (or is car- economically disadvantaged individuals or ‘‘(4) OPPORTUNITY CORPS.— rying out) a national service program in 2 or low-income families; ‘‘(A) GRANTS.—The Corporation may use more States. ‘‘(C) economically disadvantaged individ- the amounts made available for the Oppor- ‘‘(10) ENCORE SERVICE PROGRAM.—The term uals with access to job training and other tunity Corps Fund to make grants under this ‘encore service program’ means a program, skill enhancement; paragraph to State Commissions and eligible carried out by an eligible entity under sub- ‘‘(D) economically disadvantaged individ- entities, as described in paragraph (5). section (c), that— uals with access to information about job ‘‘(B) PROGRAMS.—The Corporation shall placement services; make the grants to pay for the Federal share ‘‘(A) involves a significant number of par- ‘‘(E) an additional indicator relating to im- of the cost of carrying out full- or part-time ticipants age 50 or older in the program; and proving economic opportunity for economi- national service programs that are con- ‘‘(B) takes advantage of the skills and ex- cally disadvantaged individuals that the Cor- sistent with subtitle C and that improve per- perience that such participants offer in the poration, in consultation with the Secretary formance on opportunity indicators, through design and implementation of the program. of Health and Human Services and the Sec- the service of the participants in the pro- ‘‘(11) HEALTHY FUTURES CORPS.—The term retary of Labor, establishes for a given year; grams. ‘Healthy Futures Corps’ means the partici- and ‘‘(5) FORMULA AND COMPETITIVE GRANTS.— pants who improve performance on health ‘‘(F) a local indicator (applicable to a par- For purposes of making grants under para- indicators through the grants funded under ticular eligible entity and on which an im- graph (1), (2), (3), or (4), the Corporation shall subsection (c)(2). provement in performance is needed) relat- carry out the following: ‘‘(12) HEALTHY FUTURES CORPS FUND.—The ing to improving economic opportunity for ‘‘(A) FORMULA GRANTS.— term ‘Healthy Futures Corps Fund’ means economically disadvantaged individuals, pro- ‘‘(i) GRANTS TO CERTAIN STATES.— the Healthy Futures Corps Fund established posed by that eligible entity in an applica- ‘‘(I) IN GENERAL.—From 331⁄3 percent of the under subsection (b)(2). tion submitted to, and approved by, a State amount available in the Fund described in ‘‘(13) HEALTH INDICATORS.—The term Commission or the Corporation under this that paragraph for a fiscal year (after the ‘health indicators’ means— section. Corporation makes the reservation described ‘‘(A) access to health care among economi- ‘‘(20) POVERTY LINE.—The term ‘poverty in subsection (i)), the Corporation shall cally disadvantaged individuals and individ- line’ has the meaning given the term in sec- make grants (including financial assistance uals who are members of medically under- tion 673 of the Community Services Block and a corresponding allotment of approved served populations; Grant Act (42 U.S.C. 9902). national service positions). The Corporation ‘‘(B) access to health care for uninsured in- ‘‘(21) STUDENT.—The term ‘student’ means shall make the grants to the State Commis- dividuals, including such individuals who are a public elementary school or public sec- sion of each of the several States, the Dis- economically disadvantaged children; ondary school student. trict of Columbia, and the Commonwealth of ‘‘(C) participation, among economically ‘‘(b) FUNDS AND AVAILABILITY.— Puerto Rico that has an application ap- disadvantaged individuals and individuals ‘‘(1) EDUCATION CORPS FUND.—The Corpora- proved by the Corporation under subsection who are members of medically underserved tion shall establish an account to be known (e), from allotments described in subclause populations, in disease prevention and health as the Education Corps Fund. (II). promotion initiatives, particularly those ‘‘(2) HEALTHY FUTURES CORPS FUND.—The ‘‘(II) ALLOTMENT.—The amount allotted as with a focus on addressing common health Corporation shall establish an account to be a grant to each such State under subclause conditions, addressing chronic diseases, and known as the Healthy Futures Corps Fund. (I) for a fiscal year shall be equal to the decreasing health disparities; ‘‘(3) CLEAN ENERGY SERVICE CORPS FUND.— amount that bears the same ratio to that ‘‘(D) health literacy of patients; The Corporation shall establish an account 331⁄3 percent of the amount available in that ‘‘(E) an additional indicator, relating to to be known as the Clean Energy Service Fund for that fiscal year as the population of improving or protecting the health of eco- Corps Fund. the State bears to the total population of the nomically disadvantaged individuals and in- ‘‘(4) OPPORTUNITY CORPS FUND.—The Cor- several States, the District of Columbia, and dividuals who are members of medically un- poration shall establish an account to be the Commonwealth of Puerto Rico. derserved populations, that the Corporation, known as the Opportunity Corps Fund. ‘‘(ii) GRANTS TO CERTAIN TERRITORIES AND in consultation with the Secretary of Health ‘‘(c) PROGRAM AUTHORIZED.— POSSESSIONS.— and Human Services and the Director of the ‘‘(1) EDUCATION CORPS.— ‘‘(I) IN GENERAL.—From 1 percent of the Centers for Disease Control and Prevention, ‘‘(A) GRANTS.—The Corporation may use amount available in the Fund described in establishes for a given year; and the amounts made available for the Edu- that paragraph for a fiscal year (after the ‘‘(F) a local indicator (applicable to a par- cation Corps Fund to make grants under this Corporation makes the reservation described ticular eligible entity and on which an im- paragraph to State Commissions and eligible in subsection (i)), the Corporation shall provement in performance is needed) relat- entities, as described in paragraph (5). make grants (including financial assistance ing to improving or protecting the health of ‘‘(B) PROGRAMS.—The Corporation shall and a corresponding allotment of approved economically disadvantaged individuals and make the grants to pay for the Federal share national service positions). The Corporation individuals who are members of medically of the cost of carrying out full- or part-time shall make the grants to the State Commis- underserved populations, proposed by that national service programs that are con- sion for each of the United States Virgin Is- eligible entity in an application submitted sistent with subtitle C and that improve per- lands, Guam, American Samoa, and the Com- to, and approved by, a State Commission or formance on education indicators, through monwealth of the Northern Mariana Islands the Corporation under this section. the service of the participants in the pro- that has an application approved by the Cor- ‘‘(14) HIGH SCHOOL.—The term ‘high school’ grams. poration under subsection (e), from allot- means a public school, including a public ‘‘(2) HEALTHY FUTURES CORPS.— ments described in subclause (II). high school, that provides high school edu- ‘‘(A) GRANTS.—The Corporation may use ‘‘(II) ALLOTMENT.—The amount allotted as cation, as determined by State law. the amounts made available for the Healthy a grant to each such State under subclause ‘‘(15) MEDICALLY UNDERSERVED AREA.—The Futures Corps Fund to make grants under (I) for a fiscal year shall be equal to the term ‘medically underserved area’ means an this paragraph to State Commissions and eli- amount that bears the same ratio to that 1 urban or rural area designated by the Sec- gible entities, as described in paragraph (5). percent of the amount available in that Fund retary of Health and Human Services as an ‘‘(B) PROGRAMS.—The Corporation shall for that fiscal year as the population of the area with a shortage of personal health serv- make the grants to pay for the Federal share State bears to the total population of the ices. of the cost of carrying out full- or part-time States referred to in subclause (I). ‘‘(16) MEDICALLY UNDERSERVED POPU- national service programs that are con- ‘‘(iii) GRANTS TO INDIAN TRIBES.— LATION.—The term ‘medically underserved sistent with subtitle C and that improve per- ‘‘(I) IN GENERAL.—From 1 percent of the population’ has the meaning given the term formance on health indicators, through the amount available in the Fund described in in section 330(b)(3) of the Public Health Serv- service of the participants in the programs. that paragraph for a fiscal year (after the ice Act (42 U.S.C. 254b(b)(3)). ‘‘(3) CLEAN ENERGY SERVICE CORPS.— Corporation makes the reservation described ‘‘(17) OPPORTUNITY CORPS.—The term ‘Op- ‘‘(A) GRANTS.—The Corporation may use in subsection (i)), the Corporation shall portunity Corps’ means the participants who the amounts made available for the Clean make grants (including financial assistance improve performance on opportunity indica- Energy Service Corps Fund to make grants and a corresponding allotment of approved

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.034 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8490 CONGRESSIONAL RECORD — SENATE September 12, 2008

national service positions) to Indian tribes ‘‘(7) NUMBER OF POSITIONS.—The Corpora- ‘‘(F) a description consistent with the de- that have applications approved by the Cor- tion shall— scription required by section 130(b)(12) for poration under subsection (e). The funds al- ‘‘(A) establish or increase the number of the national service positions proposed; lotted for such grants shall be allotted by positions that are approved as approved na- ‘‘(G) information and assurances con- the Corporation on a competitive basis in ac- tional service positions under this subtitle sistent with those described in subsections cordance with the respective needs of the In- during each of fiscal years 2009 through 2013; (e) and (f) of section 130, subsections (a)(2), dian tribes. ‘‘(B) establish the number of the approved (b), (c), (d)(1), and (e) of section 131, and sec- ‘‘(II) APPLICATION.—For purposes of this positions as 25,000 for fiscal year 2009; and tion 132(a), for the grant requested and the subtitle, other than this subparagraph, a ref- ‘‘(C) increase the number of the approved national service program and national serv- erence to a State Commission shall be con- positions to— ice positions proposed, except as provided in sidered to include a reference to the gov- ‘‘(i) 50,000 for fiscal year 2010; subsection (g)(1)(B); erning body of an Indian tribe, and a ref- ‘‘(ii) 75,000 for fiscal year 2011; ‘‘(H) measurable goals, to be used for an- erence to a State shall be considered to in- ‘‘(iii) 125,000 for fiscal year 2012; and nual measurements of the program on 1 or clude a reference to an Indian tribe or the ‘‘(iv) 175,000 for fiscal year 2013. more of the corresponding indicators de- geographic area in which the tribe resides. scribed in subsection (a); ‘‘(d) ELIGIBLE ENTITIES.— The Corporation shall have authority to ‘‘(I) in the case of a grant under subsection issue standards to apply the provisions of ‘‘(1) IN GENERAL.—Eligible entities shall carry out the national service programs (c)(1), information on how the eligible entity this subtitle (other than this subparagraph) described in subparagraph (A) will enter into to Indian tribes. under subsection (c). partnerships with local educational agencies ‘‘(iv) EFFECT OF FAILURE TO APPLY.—If a ‘‘(2) QUALIFICATION.—To be qualified to and schools to carry out activities to im- State or Indian tribe fails to apply for, or carry out a national service program under prove performance on education indicators fails to give notice to the Corporation of its subsection (c), an eligible entity shall— using funds received under this subsection intent to apply for, an allotment under this ‘‘(A) receive a grant under subsection (c); (c); subparagraph, the Corporation shall use the or ‘‘(J) in the case of a grant under subsection amount that would have been allotted under ‘‘(B) be selected to carry out the program this subparagraph to the State or Indian through a competitive process, by a State (c)(4)— ‘‘(i) if the program is designed to improve tribe— Commission that receives a grant under sub- economic opportunity by engaging economi- ‘‘(I) to make grants (including financial as- section (c). sistance and a corresponding allotment of cally disadvantaged individuals as partici- ‘‘(e) APPLICATION.— approved national service positions) to other pants— ‘‘(1) IN GENERAL.—To be qualified to re- eligible entities that propose to carry out ‘‘(I) the minimum and maximum percent- ceive a grant under subsection (c) for a na- national service programs in the State on be- ages of participants who will be economi- tional service program, a State Commission half of the Indian tribe; and cally disadvantaged individuals; and ‘‘(II) after making grants under subclause or an eligible entity shall submit an applica- ‘‘(II) if applicable, information on the (I), to make a reallotment to other States tion to the Corporation at such time, in such skills and training those individuals will re- and Indian tribes that have applications ap- manner, and containing such information as ceive that will assist those individuals in ob- proved by the Corporation under subsection the Corporation may require, which shall in- taining jobs after completion of their service (e). clude— under the grant; and ‘‘(B) COMPETITIVE GRANTS.—From the re- ‘‘(A) information describing how the eligi- ‘‘(ii) information on the number and per- mainder of the amount available in that ble entity proposed to carry out the program centage of individuals, including children, in Fund for that fiscal year, the Corporation proposes to utilize funds under a paragraph families with family incomes below the pov- shall make grants (including such assistance of subsection (c) to improve performance on erty line in the community to be served; and and corresponding allotment), on a competi- the corresponding indicators described in ‘‘(K) any other information the Corpora- tive basis, to State Commissions and eligible subsection (a) utilizing participants, includ- tion may require. entities that have such approved applica- ing the activities in which such participants ‘‘(2) REQUEST FOR WAIVER.— tions. will engage to improve performance on those ‘‘(A) REQUIREMENTS RELATING TO EDU- ‘‘(6) TERMS AND CONDITIONS.— indicators; CATIONAL AWARDS.—An applicant may in- ‘‘(A) IN GENERAL.—Except as otherwise ex- ‘‘(B) information identifying the geo- clude in the application a request for a waiv- pressly provided in this section and subtitle graphical area in which the eligible entity er (including a justification of the need for D, the terms and conditions of grants made proposed to carry out the program proposes such waiver and information describing how under this subsection shall be consistent to use funds under a paragraph of subsection such waiver will assist the applicant in im- with the provisions of subtitle C concerning (c) to improve performance on the cor- proving performance on the appropriate indi- terms and conditions of grants made under responding indicators described in sub- cators described in subsection (a)) of require- section 121(a). Those terms and conditions section (a), including demographic informa- ments relating to the Corporation’s provi- shall apply with respect to grants and allot- tion on the students or individuals, as appro- sion of a national service educational award ments requested, national service positions priate, in such area, and statistics dem- to or on behalf of a participant in the pro- and national service programs proposed, and onstrating the need to improve such indica- gram, which may include— applications submitted, under this section. tors in such area; ‘‘(i) in the case of a grant under subsection ‘‘(B) INVESTMENT IN NATIONAL SERVICE.— ‘‘(C) with respect to a grant to carry out a (c)(1), requirements relating to the minimum For purposes of applying the provisions of national service program under a paragraph age for a participant under section 137(a)(4); part I of subtitle C under this subsection, of subsection (c), information describing the and sections 122(c), 125, and 126 shall not apply. experience of the eligible entity proposed to ‘‘(ii) in the case of a grant under any para- ‘‘(C) APPLICATION, APPROVAL, AND ALLOCA- carry out the program in improving perform- graph of subsection (c), requirements relat- TION.—State Commissions and eligible enti- ance on the corresponding indicators de- ing to individuals who receive a national ties shall apply for the grants, and the scribed in subsection (a), including whether service educational award under section grants (and the financial assistance and ap- the entity has previously utilized partici- 146(a) and related provisions, to allow the el- proved national service positions made avail- pants to improve performance on such indi- igible entity proposed to carry out the pro- able through the grants) shall be allocated cators, and if so, the activities in which such gram to select participants to serve in ap- among State Commissions and eligible enti- participants have engaged; proved national service positions (with eligi- ties, in a manner consistent with this sec- ‘‘(D) if applicable, information on how the bility for national service educational tion. Except as otherwise provided in this eligible entity described in subparagraph (A) awards) from among a prespecified group of section, subsections (a) through (d) of sec- will work with other community-based agen- participants, if the request describes the tion 129, subsections (a) through (d), and (g), cies to carry out activities to improve per- process by which the participants serving in of section 130, subsections (a)(1) and (f) of formance on the corresponding indicators de- such positions will be selected from such section 131, and subsections (a), (b), (d), and scribed in subsection (a) using such funds; group. (e) of section 133 shall not apply to such ap- ‘‘(E) a description of— ‘‘(B) REQUIREMENTS RELATING TO USE OF AL- plications and allocations. ‘‘(i) the type of positions into which par- LOTMENTS FOR PROGRAMS.— ‘‘(D) NATIONAL SERVICE PARTICIPANTS.—Ex- ticipants will be placed, using the assistance ‘‘(i) IN GENERAL.—A State Commission may cept as otherwise expressly provided in this provided under subsection (c), including de- include in the application a request that the section and subtitle D, the terms and condi- scriptions of the specific tasks to be per- Corporation— tions that apply to participants in programs formed by such participants, and the min- ‘‘(I) waive provisions requiring the State to carried out under such grants (including pro- imum qualifications that individuals will be use an allotment from a Fund, described in visions relating to participant eligibility, se- required to meet to become participants in subsection (c)(5)(A), for corresponding pro- lection, terms of service, and benefits) shall such program; and grams described in a paragraph of subsection be consistent with the provisions of subtitle ‘‘(ii) the number of proposed full- and part- (c); and C concerning terms and conditions that time national service positions for which ‘‘(II) permit the State to use funds from apply to participants in programs under sub- participants will receive the national service the allotment for other programs described title C. educational award described in subtitle D; in another paragraph of subsection (c).

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.034 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8491

‘‘(ii) INFORMATION.—The State Commission will receive only approved national service the requirements specified in a waiver grant- shall include in the request— positions through the grants. ed under subsection (e)(2)(A)), shall be eligi- ‘‘(I) information demonstrating that the ‘‘(C) FULL-TIME POSITIONS.—In making the ble for a national service educational award State has not received a sufficient number of grants, the Corporation shall ensure that 50 described in section 147. The Corporation applications of adequate quality to carry out percent of the approved national service po- shall transfer an appropriate amount of the corresponding programs referred to in sitions provided through the grants shall be funds to the National Service Trust to pro- clause (i)(I); and full-time national service positions. vide for the national service educational ‘‘(II) information identifying the other pro- ‘‘(2) PRIORITY.—In awarding financial as- awards for such participants. grams referred to in clause (i)(II), and the sistance and approved national service posi- ‘‘(h) USE OF ASSISTANCE.— amount of funds from the allotment that the tions to eligible entities proposed to carry ‘‘(1) ELIGIBLE ENTITIES.—An eligible entity State intends to use for each such program. out national service programs described in that receives financial assistance or posi- ‘‘(iii) TREATMENT.—If the Corporation ap- subsection (c)— tions under a paragraph of subsection (c) proves the waiver, and permits the State to ‘‘(A) in the case of a grant under sub- shall use the financial assistance or posi- use funds from the allotment for programs section (c)(2)— tions to carry out full-time or part-time na- described in a paragraph of subsection (c), ‘‘(i) the Corporation may give priority to tional service programs, including summer for purposes of this subtitle (other than sub- such eligible entities that propose to develop programs, described in that paragraph of section (c)(5)(A)), the funds shall be consid- policies to provide, and provide, support for subsection (c) that are designed to improve ered to be part of a grant made under that participants who, after completing service performance on the corresponding indicators paragraph. under this section, will undertake careers to described in subsection (a) in low-income ‘‘(3) LIMITATION ON SAME PROJECT IN MUL- improve performance on health indicators; communities. TIPLE APPLICATIONS.—The Corporation shall and ‘‘(2) PARTICIPANT ACTIVITIES.—A partici- reject an application submitted under this ‘‘(ii) the Corporation shall give priority to pant in such a program shall address identi- subsection if a project proposed to be con- such eligible entities that propose to carry fied community needs by carrying out ac- ducted using assistance requested by the ap- out national service programs in medically tivities (which may include providing direct plicant is already described in another appli- underserved areas; service, recruiting and coordinating the ac- cation pending before the Corporation. ‘‘(B) in the case of a grant under sub- tivities of volunteers providing direct serv- ‘‘(f) CONSULTATION.— section (c)(3), the Corporation shall give pri- ‘‘(1) OFFICIALS.— ority to such eligible entities that propose to ice, and building the capacity of local orga- ‘‘(A) EDUCATION CORPS.—The Corporation recruit individuals for the Clean Energy nizations and communities) designed to im- shall consult with the Secretary of Edu- Service Corps so that significant percentages prove performance on the corresponding in- cation as appropriate in making grants of participants in the Corps are economically dicators described in subsection (a), such under subsection (c)(1) and developing addi- disadvantaged individuals, and provide to as— tional indicators described in subsection such individuals training to develop skills ‘‘(A) in the case of a program carried out (a)(8)(F). needed for clean energy jobs for which there under subsection (c)(1)— ‘‘(B) HEALTHY FUTURES CORPS.—The Cor- is ongoing demand or there is predicted to be ‘‘(i) tutoring, or providing other academic poration shall consult with the Secretary of future demand; and support to students; Health and Human Services and the Director ‘‘(C) in the case of a grant under subsection ‘‘(ii) mentoring students, including adult of the Centers for Disease Control and Pre- (c)(4), the Corporation shall give priority to or peer mentoring; vention as appropriate in making grants such eligible entities that propose to— ‘‘(iii) linking needed integrated services under subsection (c)(2) and developing addi- ‘‘(i) improve economic opportunity by en- and comprehensive supports with students, tional indicators described in subsection gaging a significant percentage of economi- their families, and their public schools; (a)(13)(E). cally disadvantaged individuals as partici- ‘‘(iv) improving the school climate in- ‘‘(C) CLEAN ENERGY SERVICE CORPS.—The pants to provide services and benefits to volved; Corporation shall consult with the Secretary other economically disadvantaged individ- ‘‘(v) providing assistance to a school in ex- of Energy and the Administrator of the Envi- uals; or panding the school day by strengthening the ronmental Protection Agency as appropriate ‘‘(ii) serve a community with a high num- quality of staff in an expanded learning time in making grants under subsection (c)(3) and ber and percentage of individuals, including initiative, a program of a 21st century com- developing additional indicators described in children, in families with family incomes munity learning center, or a high-quality subsection (a)(4)(D). below the poverty line. after-school program; ‘‘(D) OPPORTUNITY CORPS.—The Corporation ‘‘(3) GEOGRAPHIC DIVERSITY.—The Corpora- ‘‘(vi) assisting schools and local edu- shall consult with the Secretary of Health tion shall ensure that eligible entities re- cational agencies in improving and expand- and Human Services and the Secretary of ceiving financial assistance or positions ing high-quality service-learning programs Labor as appropriate in making grants under under subsection (c) are geographically di- that keep students engaged in schools by subsection (c)(4) and developing additional verse and include entities proposing national providing service-learning coordinators; and indicators described in subsection (a)(19)(E). service programs to be conducted in urban or ‘‘(vii) involving family members of stu- ‘‘(2) REVIEW PANELS.—The Corporation rural areas. dents in supporting teachers and students; shall— ‘‘(4) ENCORE SERVICE PROGRAMS.— ‘‘(B) in the case of a program carried out ‘‘(A) establish panels of experts for the pur- ‘‘(A) FORMULA GRANTS.—Each State receiv- under subsection (c)(2)— pose of securing recommendations on appli- ing a grant under subsection (c)(5)(A) for a ‘‘(i) assisting economically disadvantaged cations submitted under subsection (e) for fiscal year shall make an effort to make individuals in navigating the health care more than $250,000 in assistance, or for a available not less than 10 percent of the fi- system; number of national service positions that nancial assistance and approved national ‘‘(ii) assisting individuals in obtaining ac- would require more than $250,000 in national service positions provided through the grant cess to health care for themselves or their service educational awards; and for that fiscal year to eligible entities pro- children; ‘‘(B) consider the opinions of such panels posed to carry out encore service programs, ‘‘(iii) educating economically disadvan- prior to making determinations on such ap- unless the State Commission involved does taged individuals and individuals who are plications. not receive a sufficient number of applica- members of medically underserved popu- ‘‘(g) ALLOCATION OF FINANCIAL ASSISTANCE tions of adequate quality to justify making lations about, and engaging individuals de- AND POSITIONS.— that percentage available to those eligible scribed in this clause in, initiatives regard- ‘‘(1) ALLOCATION.— entities. ing navigating the health care system and ‘‘(A) IN GENERAL.—In making grants under ‘‘(B) COMPETITIVE GRANTS.—In making regarding disease prevention and health pro- subsection (c), the Corporation shall allocate grants under subsection (c)(5)(B) for a fiscal motion, with a particular focus on common the financial assistance and approved na- year, the Corporation shall make an effort to health conditions, chronic diseases, and con- tional service positions provided through the allocate not less than 10 percent of the finan- ditions, for which disease prevention and grants among eligible entities proposed to cial assistance and approved national service health promotion measures exist and for carry out national service programs de- positions provided through the grants for which socioeconomic, geographic, and racial scribed in subsection (c). that fiscal year to eligible entities proposed and ethnic health disparities exist, such as ‘‘(B) APPROVED NATIONAL SERVICE POSITIONS to carry out encore service programs, unless initiatives concerning— ONLY.—In making those grants, the Corpora- the Corporation does not receive a sufficient ‘‘(I) cardiovascular disease; tion— number of applications of adequate quality ‘‘(II) diabetes education; ‘‘(i) may make some grants that provide to justify making that percentage available ‘‘(III) cancer screening; only approved national service positions (as to those eligible entities. ‘‘(IV) HIV infection or AIDS; opposed to financial assistance and such po- ‘‘(5) EDUCATIONAL AWARDS.—A participant ‘‘(V) immunizations; and sitions) for some or all of the participants in who serves in a national service program ‘‘(VI) infant mortality; the national service programs involved; but that receives a grant under subsection (c) ‘‘(iv) improving health literacy of patients; ‘‘(ii) shall ensure that not more than 35 shall be considered to have served in an ap- ‘‘(v) providing translation services at clin- percent of the participants in the national proved national service position and, upon ics and in emergency rooms to improve service programs described in subsection (c) meeting the requirements of section 147 (or health care; and

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.034 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8492 CONGRESSIONAL RECORD — SENATE September 12, 2008

‘‘(vi) assisting in health promotion inter- ‘‘(j) REPORT.—Not later than 60 days after the corresponding provision of section 147, ventions that improve health status, and the end of each fiscal year for which the Cor- for the third term of such service.’’; and helping people adopt and maintain healthy poration makes grants under a paragraph of (B) in subsection (d), by adding at the end lifestyles and habits to improve health sta- subsection (c), the Corporation shall prepare the following: tus; and submit to Congress a report containing— ‘‘(3) TERM FOR TRANSFERRED EDUCATIONAL ‘‘(C) in the case of a program carried out ‘‘(1) information describing how the Cor- AWARDS.—For purposes of applying para- under subsection (c)(3)— poration allocated financial assistance and graphs (1) and (2)(A) to an individual who is ‘‘(i) weatherizing and retrofitting housing approved national service positions among eligible to receive an educational award as a units for low-income households to improve eligible entities proposed to carry out na- designated individual (as defined in section the energy efficiency of such housing units; tional service programs described in that 148(f)(3)), references to a seven-year period ‘‘(ii) building energy efficient housing paragraph for that fiscal year; shall be considered to be references to a 15- units in low-income communities; ‘‘(2) a measure of the extent to which the year period that begins on the date the indi- ‘‘(iii) conducting energy audits for low-in- national service programs improved perform- vidual who transferred the educational come households and recommending ways for ance on the corresponding indicators de- award to the designated individual com- the households to improve energy efficiency; scribed in subsection (a); and pleted the term of service in the approved ‘‘(iv) working with schools and youth pro- ‘‘(3) information describing how the Cor- national service position that is the basis of grams to educate students and youth about poration is coordinating— the award.’’. ways to reduce home energy use and improve ‘‘(A) the national service programs funded (3) EDUCATIONAL AWARD TRANSFERS TO EN- the environment, including conducting serv- under that paragraph; with COURAGE ENCORE SERVICE OPPORTUNITIES.— ice-learning projects to provide such edu- ‘‘(B) applicable programs, as determined by Section 148 of the National and Community cation; the Corporation, carried out under subtitles Service Act of 1990 (42 U.S.C. 12604) is amend- ‘‘(v) assisting in the development of local B and C of this title, and part A of title I and ed— recycling programs; parts A and B of title II of the Domestic Vol- (A) in subsection (c)(5), by striking ‘‘sub- ‘‘(vi) improving national and State parks, unteer Service Act of 1973 (42 U.S.C. 4951 et title C’’ and inserting ‘‘subtitle C or the ap- city parks, county parks, forest preserves, seq., 5001, 5011) that improve performance on propriate national service program under and trails owned or maintained by the Fed- those indicators or otherwise address identi- subtitle G, as applicable’’; eral Government or a State, including plant- fied community needs. (B) by redesignating subsections (f) and (g) ing trees, carrying out reforestation, and ‘‘(k) INCENTIVES FOR ENCORE SERVICE.— as subsections (g) and (h), respectively; and making trail enhancements; and ‘‘(1) INCENTIVES STUDY.— (C) by inserting after subsection (e) the fol- ‘‘(vii) cleaning and improving rivers main- ‘‘(A) STUDY.—The Corporation shall study lowing: tained by the Federal Government or a the use of additional incentives (other than ‘‘(f) TRANSFER OF EDUCATIONAL AWARDS.— State; and incentives provided by this Act on the date ‘‘(1) IN GENERAL.—An individual who is eli- ‘‘(D) in the case of a program carried out of enactment of the Serve America Act), to gible to receive a national service edu- under subsection (c)(4)— attract individuals who are age 50 or older to cational award under a program described in ‘‘(i) providing financial literacy education perform service under subtitle C or this sub- paragraph (2) may elect to receive a reduced to economically disadvantaged individuals, title. national service educational award (equal to including financial literacy education with ‘‘(B) REPORT.—Not later than 2 years after 1⁄2 of the amount described in the cor- regard to credit management, financial in- the date of enactment of the Serve America responding provision of section 147) and stitutions including banks and credit unions, Act, the Corporation shall prepare and sub- transfer the award to a designated indi- and utilization of savings plans; mit to Congress a report containing the re- vidual. Subsections (b), (c), and (d) shall ‘‘(ii) assisting in the construction of hous- sults of the study. apply to the designated individual in lieu of ing units including energy efficient homes, ‘‘(2) INCENTIVES.—Not later than 2 years the individual who is eligible to receive the in low-income communities; after the date of enactment of the Serve national service educational award, except ‘‘(iii) assisting individuals in obtaining ac- America Act, the Corporation shall, notwith- that amounts refunded to the account under cess to health care for themselves or their standing any other provision of this title, subsection (c)(5) on behalf of a designated in- children; implement through a pilot program addi- dividual may be used by the Corporation to ‘‘(iv) assisting individuals in obtaining in- tional incentives that the Corporation has fund additional placements in the national formation about Federal, State, local, or pri- found, through the study described in para- service program in which the eligible indi- vate programs or benefits focused on assist- graph (1), to be effective to attract individ- vidual who transferred the national service ing economically disadvantaged individuals, uals described in paragraph (1)(A) to perform educational award participated for such economically disadvantaged children, or low- service under subtitle C or this subtitle.’’. award. income families; (d) NATIONAL SERVICE EDUCATIONAL ‘‘(2) CONDITIONS FOR TRANSFER.—A national ‘‘(v) improving opportunities for economi- AWARDS.— service educational award may be trans- cally disadvantaged children and youth to (1) TRUST.—Section 145 of the National and ferred under this subsection if— become involved in youth development orga- Community Service Act of 1990 (42 U.S.C. ‘‘(A) the educational award is for service in nizations; 12601) is amended— a national service program that receives a ‘‘(vi) facilitating enrollment in and com- (A) in subsection (a)(1), by striking ‘‘sec- grant under subtitle G; and pletion of job training for economically dis- tion 501(a)(2)’’ and inserting ‘‘paragraph (2) ‘‘(B) the eligible individual is age 50 or advantaged individuals; and or (6) of section 501(a)’’; and older. ‘‘(vii) assisting economically disadvan- (B) in subsection (d)(4), by striking ‘‘sub- ‘‘(3) DEFINITION OF A DESIGNATED INDI- taged individuals in obtaining access to job title C’’ and inserting ‘‘subtitle C or G’’. VIDUAL.—In this subsection, the term ‘des- placement assistance. (2) INCREASED NUMBER OF TERMS OF SERVICE ignated individual’ is an individual— ‘‘(i) RESERVATION OF FUNDS FOR REVIEW TO ENCOURAGE ENCORE SERVICE OPPORTUNI- ‘‘(A) whom an individual who is eligible to PANELS AND TRAINING AND TECHNICAL ASSIST- TIES.—Section 146 of the National and Com- receive a national service educational award ANCE.— munity Service Act of 1990 (42 U.S.C. 12602) is under a program described in paragraph (2) ‘‘(1) IN GENERAL.—Before allotting funds amended— designates to receive the educational award; under subsection (c)(5), the Corporation shall (A) in subsection (c)— ‘‘(B) who meets the eligibility require- reserve an equal percentage (but not more (i) by striking ‘‘Although’’ and inserting ments of paragraphs (3) and (4) of section than 4 percent) of the amounts available in the following: 146(a); and each Fund described in a paragraph of sub- ‘‘(1) IN GENERAL.—Although’’; and ‘‘(C) who is a child or grandchild of the in- section (b), to— (ii) by adding at the end the following: dividual described in subparagraph (A).’’. ‘‘(A) carry out activities concerning review ‘‘(2) TERMS OF SERVICE FOR ENCORE SERVICE (e) AUTHORIZATION OF APPROPRIATIONS.— panels as provided in subsection (f)(2); and OPPORTUNITIES.— Section 501(a) of the National and Commu- ‘‘(B) provide training and technical assist- ‘‘(A) NUMBER OF TERMS.—Notwithstanding nity Service Act of 1990 (42 U.S.C. 12681(a)), ance to eligible entities, including training paragraph (1) and section 147, a participant as amended by section 121(b), is further and technical assistance to assist eligible en- who is age 50 or older on the first day of the amended by adding at the end the following: tities carrying out national service programs participant’s service under subtitle C or G ‘‘(6) SERVEAMERICA CORPS.— with a Corps described in subsection (a) in— may receive a national service educational ‘‘(A) IN GENERAL.—There are authorized to ‘‘(i) coordinating efforts; and award for not more than 3 terms of service be appropriated such sums as may be nec- ‘‘(ii) improving the ability of the Corps to under subtitle C or G. essary for each of fiscal years 2009 through improve performance on the corresponding ‘‘(B) AMOUNT OF AWARD.—The participant 2013 to provide financial assistance under indicators described in subsection (a). shall receive— subtitle G of title I and to provide national ‘‘(2) TRAINING AND TECHNICAL ASSISTANCE.— ‘‘(i) a national service educational award service educational awards under subtitle D The Corporation may, as appropriate, con- in the amount described in the corresponding of title I (including providing financial as- sult with the corresponding officials de- provision of section 147, for the first or sec- sistance and national service educational scribed in subsection (f)(1) in planning and ond term of such service; and awards to participants in national service carrying out the training and technical as- ‘‘(ii) a reduced national service educational positions, established or increased as pro- sistance. award equal to 1⁄2 of the amount described in vided in section 168(c)(7).

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.034 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8493

‘‘(B) AVAILABILITY.—Of the amounts appro- with comparable measures of other commu- for serving in their communities and ad- priated under subparagraph (A) for a fiscal nities and States. dressing areas of national need; year, the Corporation shall make available— ‘‘(C) SUBMISSION.—The Corporation shall (2) to focus the ideas and creativity of indi- ‘‘(i) not less than 35 percent for the Edu- submit the report to the Committee on Edu- viduals into addressing national challenges cation Corps Fund; and cation and Labor of the House of Representa- such as improving education for low-income ‘‘(ii) not less than 35 percent for the Clean tives and the Committee on Health, Edu- students, increasing energy conservation, Energy Service Corps Fund.’’. cation, Labor, and Pensions of the Senate, improving access to health care for, and the Subtitle D—Civic Health Index and make the report available to the general health status of, low-income individuals, and SEC. 141. INDEX. public. creating new economic opportunities for (a) IN GENERAL.—Section 179 of the Na- ‘‘(5) CONFERENCES AND FORUMS.—The Cor- low-income individuals; and tional and Community Service Act of 1990 (42 poration shall hold conferences and forums (3) to provide Encore Fellowships to indi- U.S.C. 12639) is amended by adding at the end to discuss the implications of the data and viduals over the age of 50 to draw on the in- the following: analyses reported under paragraph (4). dividuals’ talents and experience, to improve ‘‘(j) CIVIC HEALTH INDEX.— ‘‘(k) RESEARCH AND EVALUATION.— the effectiveness of volunteer service organi- ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(1) RESEARCH.—The Corporation, acting in zations, and to provide the individuals with ‘‘(A) CORPORATION.—The term ‘Corpora- conjunction with the Commissioner of Labor the support they need to make a transition tion’ means the Corporation for National and Statistics, shall provide for baseline research to longer-term public service work. Community Service, in conjunction with the and tracking of domestic and international (c) GENERAL AUTHORITY.—Subtitle J of Director of the Bureau of the Census, the volunteering, and baseline research and title I of the National and Community Serv- Commissioner of Labor Statistics, and (con- tracking related to relevant data on the indi- ice Act of 1990 (42 U.S.C. 12653 et seq.), as re- sistent with the terms of an agreement en- cators described in subsection (j)(3). In pro- designated by section 121, is amended by add- tered into between the Corporation and the viding for the research and tracking under ing at the end the following: National Conference) the National Con- this paragraph, the Corporation and the ‘‘SEC. 198E. SERVEAMERICA AND ENCORE FEL- ference. Commissioner shall consider methods of ex- LOWSHIPS. ‘‘(B) NATIONAL CONFERENCE.—The term ‘Na- panding research and tracking conducted by ‘‘(a) SERVEAMERICA FELLOWSHIPS.— tional Conference’ means the National Con- the Bureau of Labor Statistics. ‘‘(1) DEFINITIONS.—In this subsection: ference on Citizenship referred to in section ‘‘(2) IMPACT RESEARCH AND EVALUATION.— ‘‘(A) AREA OF NATIONAL NEED.—The term 150701 of title 36, United States Code. The Corporation, acting in conjunction with ‘area of national need’ means an area related ‘‘(2) IN GENERAL.—The Corporation shall es- the Commissioner of Labor Statistics, shall to— tablish a Civic Health Index by collecting provide for research on, and evaluations of, ‘‘(i) improving education in public schools civic health data, conducting related anal- the impact of domestic and international for economically disadvantaged students; yses, and reporting the data and analyses, as volunteering, including an assessment of ‘‘(ii) expanding and improving access to described in this subsection. best practices for such volunteering, and health care; ‘‘(3) COLLECTION OF DATA.— methods of improving such volunteering ‘‘(iii) improving clean energy indicators, as ‘‘(A) INDICATORS.— through enhanced collaboration among enti- defined in section 168(a); ‘‘(i) IN GENERAL.—In collecting data for the ties that recruit, manage, support, and uti- ‘‘(iv) improving economic opportunities for Index, the Corporation shall collect data on lize volunteers, institutions of higher edu- economically disadvantaged individuals; or various indicators established by the Cor- cation, and research institutions.’’. ‘‘(v) improving disaster preparedness and poration, including indicators related to— (b) AUTHORIZATION OF APPROPRIATIONS.— response. ‘‘(I) volunteering and community service; Section 501(a) of the National and Commu- ‘‘(B) CAMPUS OF SERVICE.—The term ‘Cam- ‘‘(II) voting and other forms of political en- nity Service Act of 1990 (42 U.S.C. 12681(a)), pus of Service’ means an institution of high- gagement; as amended in section 131(e), is further er education designated as a Campus of Serv- ‘‘(III) charitable giving; amended by adding at the end the following: ice under section 119E. ‘‘(IV) connecting to civic groups and faith- ‘‘(7) CIVIC HEALTH INDEX; RESEARCH AND ‘‘(C) ELIGIBLE FELLOWSHIP RECIPIENT.—The based organizations; and EVALUATION.—In addition to any amounts ap- term ‘eligible fellowship recipient’ means an ‘‘(V) understanding and obtaining knowl- propriated under paragraph (4), there is au- individual who is selected by a State Com- edge of United States history and govern- thorized to be appropriated to carry out sub- mission under paragraph (4)(E) and, as a re- ment. sections (j) and (k) of section 179, $5,600,000 sult of such selection, is eligible for a ‘‘(ii) UPDATING.—The Corporation shall pe- for fiscal years 2009 though 2013, of which— ServeAmerica Fellowship. riodically evaluate and update the indica- ‘‘(A) not more than $800,000 may be used for ‘‘(D) FELLOW.—The term ‘fellow’ means an tors. a fiscal year to carry out data collection eligible fellowship recipient who is awarded ‘‘(B) AGE GROUPS AND EDUCATION LEVELS.— under paragraph (3) of section 179(j); a ServeAmerica Fellowship and is designated The Corporation shall collect data for the ‘‘(B) not more than $200,000 may be used for a fellow under paragraph (5)(B). Index in a manner that will permit the Cor- a fiscal year to carry out paragraphs (4) and ‘‘(2) SERVEAMERICA FELLOWSHIP PROGRAM.— poration to analyze the data by the age (5) of section 179(j); and The Corporation shall establish and carry group and education level of the individuals ‘‘(C) for fiscal years 2009, 2011, and 2013, not out a ServeAmerica Fellowship program. involved. more than $200,000 may be used to establish ‘‘(3) GRANTS.— ‘‘(C) OTHER ISSUES.—In collecting data for or update indicators under paragraph (3) of ‘‘(A) IN GENERAL.—The Corporation shall the Index, the Corporation shall collect such section 179(j).’’. make grants (including financial assistance information as may be necessary to analyze Subtitle E—ServeAmerica and Encore and a corresponding allotment of approved the role of internet technology in strength- Fellowships national service positions), from allotments ening and inhibiting civic activities, the role SEC. 151. SERVEAMERICA AND ENCORE FELLOW- described in subparagraph (B), to the State of specific programs in strengthening civic SHIPS. Commissions of each of the several States, activities, and the civic attitudes and activi- (a) FINDINGS.—Congress finds the fol- the District of Columbia, and the Common- ties of new citizens and immigrants. lowing: wealth of Puerto Rico that has an applica- ‘‘(D) RELATIONSHIP TO OTHER DATA.—To col- (1) Full- and part-time volunteer service, tion approved by the Corporation, to enable lect data for the Index, the Corporation shall both at the national and State levels, can ef- the State Commissions to award consider methods of expanding data collec- fectively tackle pressing national challenges ServeAmerica Fellowships under paragraph tion conducted by the Bureau of the Census, and improve communities throughout the (5). The fellowships shall be used to enable through the Current Population Survey, or United States. fellows to carry out service projects in areas by the Bureau of Labor Statistics. (2) Individual service plans and opportuni- of national need. ‘‘(4) REPORTING OF DATA.— ties can improve the ability of the nonprofit ‘‘(B) RESERVATION; ALLOTMENT.— ‘‘(A) IN GENERAL.—The Corporation shall, sector to address areas of national need by ‘‘(i) RESERVATION.—From the amount ap- not less often than once each year, prepare a introducing more personal innovation and propriated under section 501(a)(2)(C) for a fis- report containing detailed data collected ingenuity into volunteer service efforts. cal year, the Corporation shall reserve not under paragraph (3), including data on each (3) Many individuals in the United States more than 3 percent to administer the pro- of the indicators described in paragraph who are retiring or age 50 or older have gram under this subsection. (3)(A), and containing the analyses described shown an increasing interest in community ‘‘(ii) ALLOTMENT.—The amount allotted as in subparagraphs (B) and (C) of paragraph (3). service and, by utilizing their individual a grant to a State Commission under sub- ‘‘(B) AGGREGATION AND PRESENTATION.—The skills and expertise, volunteer organizations paragraph (A) for a fiscal year shall be equal Corporation shall aggregate the data col- can find creative solutions to pressing na- to the amount that bears the same ratio to lected under paragraph (3) by community, by tional problems. the amount appropriated under section State, and nationally. The report shall (b) PURPOSES.—The purposes of this section 501(a)(2)(C) and not reserved under clause (i) present the aggregated data in a form that are— for that fiscal year, as the population of the enables communities and States to assess (1) to provide, by 2013, individual fellow- State bears to the total population of the their civic health, as measured on each of ships to 5,000 individuals annually, allowing several States, the District of Columbia, and the indicators, and compare those measures the individuals to propose their own plans the Commonwealth of Puerto Rico.

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.035 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8494 CONGRESSIONAL RECORD — SENATE September 12, 2008

‘‘(C) NUMBER OF POSITIONS.—The Corpora- shall be individuals nominated by a Campus ‘‘(ii) agree, by registering with a State tion shall— of Service or an institution of higher edu- Commission, to abide by all program re- ‘‘(i) establish or increase the number of po- cation. quirements; sitions that are approved as approved na- ‘‘(5) FELLOWS.— ‘‘(iii) agree to provide an amount described tional service positions under this subsection ‘‘(A) IN GENERAL.—To be eligible to partici- in paragraph (5)(C)(ii) for each fellow serving during each of fiscal years 2009 through 2013; pate in a service project through the pro- with the organization through the ‘‘(ii) establish the number of approved posi- gram as a fellow and receive a ServeAmerica ServeAmerica Fellowship; tions at 1,000 for fiscal year 2009; and Fellowship, an eligible fellowship recipient ‘‘(iv) be responsible for certifying whether ‘‘(iii) increase the number of the approved shall— each fellow serving with the organization positions to— ‘‘(i) within 6 months after being selected as successfully completed the ServeAmerica ‘‘(I) 2,000 for fiscal year 2010; an eligible fellowship recipient, select an ap- Fellowship; and ‘‘(II) 3,000 for fiscal year 2011; propriate service sponsor organization de- ‘‘(v) agree— ‘‘(III) 4,000 for fiscal year 2012; and scribed in paragraph (6) in the State de- ‘‘(I) to record and certify in a manner spec- ‘‘(IV) 5,000 for fiscal year 2013. scribed in paragraph (4)(C)(iv), with which ified by the Corporation the number of hours ‘‘(D) APPLICATIONS.—To be eligible to re- the individual is interested in serving under served by a fellow for purposes of deter- ceive such a grant, a State Commission shall mining the fellow’s eligibility for benefits; submit an application to the Corporation at this subsection; ‘‘(ii) enter into an agreement with the or- and such time, in such manner, and containing ‘‘(II) to provide timely access to records re- such information as the Corporation may re- ganization— ‘‘(I) that specifies the service the indi- lating to the ServeAmerica Fellowship to quire, including information on the criteria the State Commission, the Corporation, or and procedures that the State Commission vidual will provide if the placement is ap- proved; and the Corporation’s Inspector General. will use for coordinating placements for ‘‘(B) REGISTRATION.— ‘‘(II) in which the individual agrees to service projects, and awarding ServeAmerica ‘‘(i) REQUIREMENT.—No service sponsor or- serve for 1 year on a (as determined by the Fellowships, under paragraph (5). ganization may receive a fellow under this Corporation) full-time, part-time, or reduced ‘‘(4) ELIGIBLE FELLOWSHIP RECIPIENTS.— subsection until the organization registers part-time basis; and ‘‘(A) IN GENERAL.—In carrying out the pro- with the State Commission. ‘‘(iii) submit such agreement to the State gram, the Corporation shall, each fiscal year, ‘‘(ii) REVOCATION.—A State Commission Commission. maintain a list of eligible fellowship recipi- shall revoke the registration of any service ‘‘(B) AWARD.—Upon receiving the eligible ents selected under subparagraph (E). sponsor organization if the State Commis- fellowship recipient’s agreement under sub- ‘‘(B) APPLICATION.—An individual desiring sion determines after a hearing that the or- paragraph (A), the State Commission shall to be selected as an eligible fellowship recipi- ganization is in violation of any of the appli- award a ServeAmerica Fellowship to the re- ent shall submit an application to a State cable provisions of this subsection. Commission, a Campus of Service, or an in- cipient and designate the recipient as a fel- ‘‘(7) COMPLIANCE WITH INELIGIBLE SERVICE stitution of higher education, that has elect- low. CATEGORIES.—Service under a ServeAmerica ed to participate in the program carried out ‘‘(C) FELLOWSHIP AMOUNT.— Fellowship shall comply with section 132(a). under this subsection, at such time and in ‘‘(i) IN GENERAL.—From funds received ‘‘(8) REPORTS.—Each service sponsor orga- such manner as the Commission, Campus, or under paragraph (3), each State Commission nization that receives a fellow under this institution may require, and containing the shall award each fellow a ServeAmerica Fel- subsection shall, on a biweekly basis, report information described in subparagraph (C) lowship amount that is equal to 50 percent of to the Corporation on the number of hours and such additional information as the Com- the amount of the total average annual sub- served and the services provided by that fel- mission, Campus, or institution may require. sistence allowance provided to VISTA volun- low. The Corporation shall establish a web An individual may submit such application teers under section 105 of the Domestic Vol- portal for the organizations to use in report- to only 1 entity under this subparagraph for unteer Service Act of 1973 (42 U.S.C. 4955). ing the information. a fiscal year. ‘‘(ii) AMOUNT FROM SERVICE SPONSOR ORGA- ‘‘(9) EDUCATIONAL AWARDS.—A fellow who ‘‘(C) CONTENTS.—The Corporation shall NIZATION.—Except as provided in clause (iii), specify information to be provided in the ap- serves in a service project under this sub- the service sponsor organization shall award section shall be considered to have served in plication, which shall include— to the fellow serving such organization an ‘‘(i) a description of the area of national an approved national service position and, amount that will ensure that the total award upon meeting the requirements of section 147 need that the applicant hopes to address received by the fellow for service in the serve through service in the service project; for full-time, part-time, or reduced part-time project (consisting of that amount and the national service, shall be eligible for a na- ‘‘(ii) a description of the skills and experi- ServeAmerica Fellowship amount the fellow ence the applicant has to address the area of tional service educational award described in receives under clause (i)) is equal to or great- national need; such section. The Corporation shall transfer er than 70 percent of the average annual sub- ‘‘(iii) a description of the type of service an appropriate amount of funds to the Na- sistence allowance provided to VISTA volun- that the applicant plans to provide as a fel- tional Service Trust to provide for the na- teers under section 105 of the Domestic Vol- low; and tional service educational awards for such unteer Service Act of 1973 (42 U.S.C. 4955). ‘‘(iv) information identifying the State in fellows. ‘‘(iii) MAXIMUM LIVING ALLOWANCE.—The which the applicant will serve (which, in the ‘‘(b) ENCORE FELLOWSHIPS.— total amount that may be provided to a fel- case of an application submitted to a State ‘‘(1) DEFINITIONS.—In this subsection: Commission, shall be the State served by the low under this subparagraph shall not exceed ‘‘(A) AREA OF NATIONAL NEED.—The term Commission) and the local area in which the 100 percent of the average annual subsistence ‘area of national need’ has the meaning applicant plans to serve, for the service allowance provided to VISTA volunteers given the term in subsection (a)(1). project. under section 105 of the Domestic Volunteer ‘‘(B) ELIGIBLE ENCORE FELLOWSHIP RECIPI- ‘‘(D) NOMINATIONS BY CAMPUSES OF SERVICE Service Act of 1973 (42 U.S.C. 4955). ENT.—The term ‘eligible Encore Fellowship AND INSTITUTIONS.—After reviewing the ap- ‘‘(iv) PRORATION OF AMOUNT.—In the case of recipient’ means an individual who is se- plications— a fellow who is authorized to serve a part- lected under paragraph (3)(B) and, as a result ‘‘(i) each Campus of Service may nominate time or reduced part-time term of service of such selection, is eligible for an Encore not fewer than 8 individuals for consider- under the agreement described in subpara- Fellowship. ation by the State Commission as eligible graph (A)(ii), the amount provided to a fel- ‘‘(C) ENCORE FELLOW.—The term ‘Encore fellowship recipients; and low under this subparagraph shall be pro- fellow’ means an eligible Encore Fellowship ‘‘(ii) each institution of higher education rated accordingly. recipient who is awarded an Encore Fellow- that is not a Campus of Service may nomi- ‘‘(v) WAIVER.—The Corporation may allow ship and is designated an Encore fellow nate not fewer than 4 individuals for consid- a State Commission to waive the amount re- under paragraph (5)(C). eration by the State Commission as eligible quired under clause (ii) from the service ‘‘(2) ENCORE FELLOWSHIP PROGRAM.— fellowship recipients. sponsor organization for a fellow serving the ‘‘(A) IN GENERAL.—The Corporation shall ‘‘(E) SELECTION.—Each State Commission organization if— establish and carry out an Encore Fellowship shall select, from the applications nomi- ‘‘(I) such requirement is inconsistent with program. In carrying out the program, the nated by Campuses of Service and institu- the objectives of the Fellowship program; Corporation shall award 1-year Encore Fel- tions of higher education serving the State and lowships to enable individuals age 50 or and the applications received by the State ‘‘(II) the amount provided to the fellow older— Commission for a fiscal year, the number of under clause (i) is sufficient to meet the nec- ‘‘(i) to carry out service projects in areas eligible fellowship recipients that may be essary costs of living (including food, hous- of national need; and supported for that fiscal year based on the ing, and transportation) in the area in which ‘‘(ii) to receive training and development allotment received by the State Commission the fellowship program is located. in order to transition to full- or part-time under paragraph (3)(B). A total of not less ‘‘(6) SERVICE SPONSOR ORGANIZATIONS.— public service in the nonprofit sector or gov- than 10 percent and not more than 15 percent ‘‘(A) IN GENERAL.—Each service sponsor or- ernment. of the eligible fellowship recipients selected ganization shall— ‘‘(B) PROGRAM.—In carrying out the pro- by the State Commission for a fiscal year ‘‘(i) be a nonprofit organization; gram, the Corporation shall—

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.035 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8495

‘‘(i) maintain a list of eligible Encore Fel- ‘‘(iv) evidence of the organization’s finan- ‘‘(8) LEADERSHIP DEVELOPMENT.—Each lowship recipients who are eligible to par- cial stability. year, the Corporation shall convene current ticipate in service projects through the pro- ‘‘(5) PLACEMENT.— and former Encore Fellows to discuss the En- gram and receive fellowships; ‘‘(A) REQUEST FOR PLACEMENT WITH LISTED core Fellows’ experiences related to service ‘‘(ii) maintain a list of organizations that ORGANIZATIONS.—To be placed with a listed under this subsection and discuss strategies are eligible to have eligible Encore Fellows organization under paragraph (2)(B)(iii) for a for increasing leadership and careers in pub- placed with the organizations to carry out service project, an eligible Encore Fellow- lic service in the nonprofit sector or govern- service projects through the program and ship recipient shall submit an application for ment.’’. provide the list to all eligible Encore Fellow- such placement to the Corporation at such (d) NATIONAL SERVICE EDUCATIONAL ship recipients described in clause (i); and time, in such manner, and containing such AWARDS.— ‘‘(iii) at the request of an Encore Fellow- information as the Corporation may require. (1) TRUST.—Section 145(d)(4) of the Na- ship recipient— ‘‘(B) REQUEST FOR PLACEMENT WITH OTHER tional and Community Service Act of 1990 (42 ‘‘(I) determine whether the requesting eli- ORGANIZATIONS.—An eligible Encore Fellow- U.S.C. 12601(d)(4)), as amended by section gible Encore Fellowship recipient is able to ship recipient may apply to the Corporation 131(d)(1)(B), is further amended by inserting meet the service needs of a listed organiza- to serve the recipient’s Encore Fellowship ‘‘or section 198E(a)’’ after ‘‘subtitle C or G’’. tion, or another organization that the recipi- year with a nonprofit organization that is (2) REDUCED PART-TIME SERVICE.—Section ent requests in accordance with paragraph not a listed organization. Such application 147 of the National and Community Service (5)(B), for a service project; and shall be submitted to the Corporation at Act of 1990 (42 U.S.C. 12603) is amended by ‘‘(II) upon making a favorable determina- such time, in such manner, and containing adding at the end the following: tion under subclause (I), award the recipient such information as the Corporation shall re- ‘‘(d) REDUCED PART-TIME SERVICE FOR with an Encore Fellowship and place the re- quire, and shall include— SERVEAMERICA FELLOWS.—A participant (eli- cipient with the organization as an Encore ‘‘(i) an identification and description of— gible by meeting the requirements described Fellow. ‘‘(I) the organization; in section 146(a)), who performs service as a ‘‘(3) ELIGIBLE ENCORE FELLOWSHIP RECIPI- ‘‘(II) the area of national need the organi- ServeAmerica Fellow under section 198E(a) ENTS.— zation seeks to address; and and who successfully completes a required ‘‘(A) IN GENERAL.—An individual desiring ‘‘(III) the services or activities the organi- term of reduced part-time national service in to be selected as an eligible Encore Fellow- zation carries out to address such area of na- an approved national service position shall ship recipient shall— tional need; be eligible to receive a national service edu- ‘‘(i) be an individual who is— ‘‘(ii) a description of the services the eligi- cational award having a value, for each of ‘‘(I) at least 50 years of age as of the time ble Encore Fellowship recipient shall provide not more than 2 of such terms of service, the individual applies for the program; and for the organization as an Encore Fellow; equal to the amount described in subsection ‘‘(II) not engaged in, but who wishes to ‘‘(iii) a description of the training and (b), prorated based on the number of hours make a transition to being engaged in, full- leadership development the organization will served by the ServeAmerica Fellow.’’. or part-time public service in the nonprofit provide to the eligible Encore Fellowship re- (3) TRANSFER OF EDUCATIONAL AWARDS.— sector or government; and cipient if placed with the organization as an Section 148(f)(2)(A) of the National and Com- ‘‘(ii) submit an application to the Corpora- Encore Fellow, to assist the Encore Fellow munity Service Act of 1990 (20 U.S.C. tion, at such time, in such manner, and con- in obtaining a public service job in the non- 12604(f)(2)(A)), as added by section taining such information as the Corporation profit sector or government after the period 131(d)(3)(C), is further amended by inserting may require, including— of the Encore Fellowship; and ‘‘or section 198E(a)’’ after ‘‘subtitle G’’. ‘‘(I) a description of the area of national ‘‘(iv) a letter of support from the leader of need that the applicant hopes to address the organization, including— (e) AUTHORIZATION OF APPROPRIATIONS.— through the service project; ‘‘(I) a description of the organization’s Section 501(a)(2) of the National and Commu- ‘‘(II) a description of the skills and experi- need for the eligible Encore Fellowship re- nity Service Act of 1990 (42 U.S.C. 12681(a)(2)) ence the applicant has to address an area of cipient’s services; is amended— national need; and ‘‘(II) evidence that such organization is fi- (1) in subparagraphs (A) and (B), by insert- ‘‘(III) information identifying the area of nancially sound; and ing ‘‘(other than section 198E)’’ after ‘‘H of the country in which the applicant wishes to ‘‘(III) an assurance that such organization title I’’; and serve. will provide leadership training and develop- (2) by adding at the end the following: ‘‘(C) SERVEAMERICA FELLOWSHIPS.—There ‘‘(B) SELECTION BASIS.—In determining ment consistent with the description in the which individuals to select as eligible Encore application. are authorized to be appropriated such sums as may be necessary for each of fiscal years Fellowship recipients, the Corporation ‘‘(C) PLACEMENT AND AWARD OF FELLOW- 2009 through 2013 to provide financial assist- shall— SHIP.—If the Corporation determines that ‘‘(i) select not more than 10 individuals the eligible Encore Fellowship recipient is ance under section 198E(a) and to provide na- from each State; and able to meet the service needs (including tional service educational awards under sub- ‘‘(ii) give priority to individuals with skills skills and experience to address an area of title D of title I (including providing finan- and experience for which there is an ongoing national need) of the organization that the cial assistance and national service edu- high demand in the nonprofit sector and gov- eligible fellowship recipient requests under cational awards to participants in national ernment. subparagraph (A) or (B), the Corporation service positions, established or increased as provided in section 198E(a)(3)(C)). ‘‘(4) LISTED ORGANIZATIONS.—To be listed shall— under paragraph (2)(B)(ii), an organization ‘‘(i) approve the placement of the eligible ‘‘(D) ENCORE FELLOWSHIPS.—There are au- shall— Encore Fellowship recipient with the organi- thorized to be appropriated to carry out sec- ‘‘(A) be a nonprofit organization; and zation; tion 198E(b), $7,000,000 for each of the fiscal ‘‘(B) submit an application to the Corpora- ‘‘(ii) award the eligible Encore Fellowship years 2009 through 2013.’’. tion at such time, in such manner, and con- recipient an Encore Fellowship for a period Subtitle F—Volunteer Generation Fund; Na- taining such information as the Corporation of 1 year and designate the eligible Encore tional Service Reserve Corps; Call to Serv- may require, including— Fellowship recipient as an Encore Fellow; ice Campaign ‘‘(i) a description of— and ‘‘(I) the services and activities the organi- ‘‘(iii) make a payment, in the amount of SEC. 161. STATEMENT OF PURPOSES. zation carries out generally; $11,000, to the listed organization to enable The purposes of this subtitle are to— ‘‘(II) the area of national need that the or- the organization to provide living expenses (1) assist nonprofit, faith-based, and other ganization seeks to address through a service to the Encore Fellow for the year in which civic organizations in the United States and project; and the Encore Fellow agrees to serve. State Commissions in expanding the supply ‘‘(III) the services and activities the orga- ‘‘(6) MATCHING REQUIREMENT.—An organiza- of volunteers and improving the capacity of nization seeks to carry out through the pro- tion that receives an Encore Fellow under such organizations and State Commissions posed service project; this subsection shall agree to provide, for the to utilize new volunteers; ‘‘(ii) a description of the skills and experi- living expenses of the Encore Fellow during (2) spur innovation in volunteer recruit- ence that an eligible Encore Fellowship re- the year of service, non-Federal contribu- ment and management practices, with a goal cipient needs to be placed with the organiza- tions in an amount equal to not less than $1 of increasing the number of volunteers in the tion as an Encore Fellow for the service for every $1 of Federal funds provided to the United States each year; project; organization for the Encore Fellow through (3) enable the people of the United States ‘‘(iii) a description of the training and the fellowship. to effect change throughout the United leadership development the organization ‘‘(7) TRAINING AND ASSISTANCE.—Each orga- States by participating in active volunteer shall provide an Encore Fellow placed with nization that receives an Encore Fellow and citizen service; and the organization to assist the Encore Fellow under this subsection shall provide training, (4) draw on the experience, skills, and in obtaining a public service job in the non- leadership development, and assistance to training of national service alumni to assist profit sector or government after the period the Encore Fellow, and conduct oversight of local communities that are affected by disas- of the Encore Fellowship; and the service provided by the Encore Fellow. ters.

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.035 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8496 CONGRESSIONAL RECORD — SENATE September 12, 2008

SEC. 162. ESTABLISHMENT OF VOLUNTEER GEN- ‘‘(iv) information describing how the eligi- ‘‘(c) ANNUAL TRAINING.—The Corporation ERATION FUND. ble entity will annually evaluate the effec- shall, in consultation with the Adminis- (a) IN GENERAL.—Subtitle J of title I of the tiveness of the entity’s activities under this trator of the Federal Emergency Manage- National and Community Service Act of 1990 subsection; and ment Agency, conduct or coordinate annual (42 U.S.C. 12653 et seq.), as amended by sec- ‘‘(v) such additional assurances as the Cor- training sessions for individuals who have tion 151, is further amended by adding at the poration determines to be essential to ensure completed a term of national service, and end the following: compliance with the requirements of this who wish to join the National Service Re- ‘‘SEC. 198F. VOLUNTEER GENERATION FUND. subsection. serve Corps. ‘‘(a) DEFINITIONS.—In this section: ‘‘(4) USE OF FUNDS.—An eligible entity that ‘‘(d) CERTIFICATION OF ORGANIZATIONS.—On ‘‘(1) AREAS OF NATIONAL NEED.—The term receives a grant under this subsection shall a biannual basis, the Corporation shall cer- ‘areas of national need’ has the meaning use amounts provided through the grant to— tify organizations with demonstrated experi- given the term in section 198E(a)(1). ‘‘(A) in the case of an eligible entity using ence in responding to disasters, including grant funds to carry out an activity de- ‘‘(2) CIVIC ENTITY.—The term ‘civic entity’ through using volunteers, for participation means a local or national nonprofit organiza- scribed in paragraph (1)(A)— in the program under this section. tion, including a faith-based organization, ‘‘(i) increase recruitment and training of ‘‘(e) DATABASES.—The Corporation shall that uses volunteers to carry out activities volunteers for a civic entity, relying on best develop or contract with an outside organi- in areas of national need. practices in volunteer recruitment and man- zation to develop— agement; or ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(1) a database of all National Service Re- ‘‘(ii) strengthen the capacity of a civic en- entity’ means— serve Corps members; and tity to use volunteers; or ‘‘(A) a State Commission; or ‘‘(2) a database of all nonprofit organiza- ‘‘(B) in the case of an eligible entity using ‘‘(B) a nonprofit entity that provides tech- tions that— grant funds to carry out a statewide initia- nical assistance and support to civic entities ‘‘(A) have been certified by the Corporation tive described in paragraph (1)(B), recruit, in recruiting, managing, and supporting vol- under subsection (d); and train, and utilize volunteers to carry out unteers, such as a volunteer coordinating ‘‘(B) are prepared to respond to major dis- statewide volunteer initiatives. agency, a nonprofit resource center, a volun- asters or emergencies with members of the ‘‘(5) REPORTING REQUIREMENT.—Each eligi- teer training clearinghouse, or an institution National Service Reserve Corps. ble entity receiving a grant under this sub- of higher education. ‘‘(f) DEPLOYMENT OF NATIONAL SERVICE RE- section shall annually submit a report to the SERVE CORPS.— ‘‘(b) FUND.— Corporation that includes the information ‘‘(1) IN GENERAL.—If a major disaster or ‘‘(1) GRANTS AUTHORIZED.—The Corporation described in paragraph (3)(B)(ii), information emergency designated by the President shall award grants on a competitive basis to on how the eligible entity performed with re- under the Robert T. Stafford Disaster Relief eligible entities to enable— gard to the outcomes described in paragraph and Emergency Assistance Act (42 U.S.C. ‘‘(A) eligible entities to increase the num- (3)(B)(iii), and the results of the evaluation 5121 et seq.) occurs that the Corporation, in ber of volunteers available to carry out ac- described in paragraph (3)(B)(iv). tivities that address areas of national need consultation with the Administrator of the ‘‘(6) MATCHING REQUIREMENT.—Each eligi- Federal Emergency Management Agency, de- through civic entities supported by the eligi- ble entity receiving a grant under this sub- termines is an incident for which National ble entity; or section shall provide, from non-Federal Service Reserve Corps members are prepared ‘‘(B) eligible entities described in sub- sources, an amount equal to the grant to assist, the Corporation shall— section (a)(3)(A) to increase the number of amount to carry out the activities supported ‘‘(A) deploy interested National Service volunteers available to carry out statewide by the grant.’’. Reserve Corps members on 30-day assign- volunteer initiatives that address State pri- (b) APPROPRIATIONS.—Section 501(a)(2) of orities with regard to areas of national need. the National and Community Service Act of ments to assist with local needs related to ‘‘(2) PERIOD OF GRANT.—The Corporation 1990 (42 U.S.C. 12681(a)(2)), as amended by sec- preparing or recovering from the incident in shall award the grants for periods of not less tion 151, is further amended— the affected area, through organizations cer- than 3 years and not more than 5 years. (1) in subparagraphs (A) and (B), by strik- tified under subsection (d); ‘‘(3) APPLICATION.— ing ‘‘section 198E’’ each place it appears and ‘‘(B) make travel arrangements for the de- ‘‘(A) IN GENERAL.—Each eligible entity de- inserting ‘‘sections 198E and 198F’’; and ployed National Service Reserve Corps mem- siring a grant under this subsection shall (2) by adding at the end the following: bers to the site of the incident; and submit an application to the Corporation at ‘‘(E) VOLUNTEER GENERATION FUND.—There ‘‘(C) provide funds to those organizations such time, in such manner, and accompanied is authorized to be appropriated to carry out that are responding to the incident with de- by such information as the Corporation may section 198F— ployed National Service Reserve Corps mem- reasonably require. ‘‘(i) $50,000,000 for fiscal year 2009; bers, to enable the organizations to coordi- ‘‘(B) CONTENTS.—Each application sub- ‘‘(ii) $60,000,000 for fiscal year 2010; nate and provide housing, living stipends, mitted pursuant to subparagraph (A) shall ‘‘(iii) $70,000,000 for fiscal year 2011; and insurance for those deployed members. contain— ‘‘(iv) $80,000,000 for fiscal year 2012; and ‘‘(2) STIPEND FUND.—Any amounts that are ‘‘(i)(I) in the case of an eligible entity that ‘‘(v) $100,000,000 for fiscal year 2013.’’. appropriated under section 501(a)(2)(F) to carry out paragraph (1) for a fiscal year shall proposes to use grant funds to carry out an SEC. 163. NATIONAL SERVICE RESERVE CORPS. be kept in a separate fund. Any amounts in activity described in paragraph (1)(A), a de- (a) IN GENERAL.—Subtitle J of title I of the scription of the technical assistance and sup- National and Community Service Act of 1990 such fund that are not used during a fiscal port the entity provides to civic entities in (42 U.S.C. 12653 et seq.), as amended by sec- year shall remain available for the next fis- recruiting, managing, and supporting addi- tion 162, is further amended by adding at the cal year for the purpose of carrying out such tional volunteers; or end the following: paragraph. ‘‘(II) in the case of an eligible entity that ‘‘SEC. 198G. NATIONAL SERVICE RESERVE CORPS. ‘‘(g) INFORMATION.—The Corporation, the proposes to use grant funds to carry out a ‘‘(a) DEFINITIONS.—In this section: State Commissions, and entities receiving fi- statewide initiative described in paragraph ‘‘(1) TERM OF NATIONAL SERVICE.—The term nancial assistance for programs under sub- (1)(B), a description of the State priorities ‘term of national service’ means a term or title C, E, or G or section 198E of this Act, or with regard to areas of national need and the period of service under subtitle C, E, or G or under part A of title I of the Domestic Vol- proposed initiative to address such prior- section 198E of this Act, or under part A of unteer Service Act of 1973 (42 U.S.C. 4951 et ities; title I of the Domestic Volunteer Service Act seq.), shall inform participants of those pro- ‘‘(ii) an assurance that the eligible entity of 1973 (42 U.S.C. 4951 et seq.). grams of the National Service Reserve Corps will annually collect information on— ‘‘(2) NATIONAL SERVICE RESERVE CORPS MEM- upon the participants’ completion of their ‘‘(I) the number of volunteers recruited for BER.—The term ‘National Service Reserve term of national service. civic entities or to carry out statewide ini- Corps member’ means an individual who— ‘‘(h) COORDINATION.—In deploying National tiatives described in paragraph (1)(B), using ‘‘(A) has completed a term of national Service Reserve Corps members under sub- funds received under this subsection, and the service; section (f), the Corporation may consult and, type and amount of activities carried out by ‘‘(B) has successfully completed training as appropriate, partner with Citizen Corps such volunteers; and described in subsection (c) within the pre- programs in the affected area.’’. ‘‘(II) the number of volunteers supported vious 2 years; and (b) APPROPRIATIONS.—Section 501(a)(2) of using funds received under this subsection, ‘‘(C) is interested in responding to national the National and Community Service Act of and the type and amount of activities car- disasters and other emergencies through the 1990 (42 U.S.C. 12681(a)(2)), as amended by sec- ried out by such volunteers; National Service Reserve Corps. tion 162, is further amended— ‘‘(iii) a description of any outcomes the eli- ‘‘(b) ESTABLISHMENT OF NATIONAL SERVICE (1) in subparagraphs (A) and (B), by strik- gible entity will use to annually measure RESERVE CORPS.—The Corporation shall es- ing ‘‘and 198F’’ each place it appears and in- and track performance with regard to— tablish a National Service Reserve Corps to serting ‘‘, 198F, and 198G’’; and ‘‘(I) activities carried out by volunteers; prepare and deploy individuals who have (2) by adding at the end the following: and completed a term of national service to re- ‘‘(F) NATIONAL SERVICE RESERVE CORPS.— ‘‘(II) volunteers recruited, managed, and spond to natural disasters and other emer- There is authorized to be appropriated— supported; gencies in a timely manner. ‘‘(i) $6,500,000 in year 2009, of which—

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.035 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8497 ‘‘(I) not more than $1,500,000 shall be used (C) in subparagraph (B), by striking ‘‘sub- ‘‘Sec. 198F. Volunteer Generation Fund. to carry out section 198G (other than section title H’’ and inserting ‘‘subtitle J’’. ‘‘Sec. 198G. ServeAmerica Emergency Re- 198G(f)(1)); and (b) TABLE OF CONTENTS.— sponse Reserve Corps. ‘‘(II) the amount remaining after the appli- (1) The table of contents in section 1(b) of ‘‘Sec. 198H. Call To Service campaign.’’. cation of subclause (I) shall be used to carry such Act is amended— TITLE II—VOLUNTEERS FOR PROSPERITY out section 198G(f)(1); and (A) by striking the items relating to sec- PROGRAM ‘‘(ii) for each succeeding fiscal year— tions 115, 115A, 116, 116A, and 116B and insert- SEC. 201. FINDINGS. ‘‘(I) $1,000,000 to carry out section 198G ing the following: Congress makes the following findings: (other than section 198G(f)(1)); and ‘‘Sec. 114A. Consideration of applications. (1) Americans engaged in international ‘‘(II) such sums as are necessary to carry ‘‘Sec. 114B. Participation of students and volunteer service, and the organizations de- out section 198G(f)(1) so that the amount teachers from private schools. ploying them— available for such fiscal year to carry out ‘‘Sec. 114C. Federal, State, and local con- (A) play critical roles in responding to the such section, including any amounts remain- tributions. needs of people living throughout the devel- ing in the fund described in section ‘‘Sec. 114D. Limitations on uses of funds. oping world; and 198G(f)(2), is equal to $4,000,000.’’. ‘‘Sec. 114E. Definitions.’’; (B) advance the international public diplo- SEC. 164. CALL TO SERVICE CAMPAIGN. (B) by striking the item relating to the macy of the United States. Subtitle J of title I of the National and subpart heading of subpart C of part I of sub- (2) The Volunteers for Prosperity Program Community Service Act of 1990 (42 U.S.C. title B of title I and inserting the following: has successfully promoted international vol- 12653 et seq.), as amended by section 163, is ‘‘SUBPART D—CLEARINGHOUSE’’; unteer service by skilled American profes- further amended by adding at the end the (C) by striking the item relating to the sionals. following: subpart heading of subpart B of part I of sub- (3) In its first 4 years, the VfP Program ‘‘SEC. 198H. CALL TO SERVICE CAMPAIGN. title B of title I and inserting the following: helped to mobilize 74,000 skilled Americans, including doctors, nurses, engineers, ‘‘Not later than 180 days after the date of ‘‘SUBPART C—COMMUNITY-BASED SERVICE businesspeople, and teachers, through a net- enactment of the Serve America Act, the PROGRAMS FOR SCHOOL-AGE YOUTH’’; Corporation shall conduct a nationwide ‘Call work of 250 nonprofit organizations and com- To Service’ campaign, to encourage all peo- (D) by inserting after the items relating to panies in the United States, to carry out de- ple of the United States, regardless of age, subpart A of part I of subtitle B of title I the velopment and humanitarian efforts for race, ethnicity, religion, or economic status, following: those affected by great global challenges in to engage in full-or part-time national serv- ‘‘SUBPART B—YOUTH ENGAGEMENT AND SERV- health, the environment, poverty, illiteracy, ice, long- or short-term public service, or ICE-LEARNING TO STRENGTHEN LOCAL COMMU- financial literacy, disaster relief, and other volunteering. In conducting the campaign, NITIES challenges. the Corporation may collaborate with State ‘‘Sec. 115. Grant program.’’; (4) The VfP Program has undertaken ac- Commissions, Governors, nonprofit and (E) by inserting after the items relating to tivities, including— faith-based organizations, businesses, insti- part II of subtitle B of title I the following: (A) direct outreach to leading nonprofit or- ganizations and companies in the United tutions of higher education, elementary ‘‘PART III—CAMPUS OF SERVICE PROGRAM States; schools, and secondary schools.’’. ‘‘Sec. 119E. Campuses of Service.’’; Subtitle G—Conforming Amendments (B) promotion of the work of skilled Amer- (F) by inserting after the items relating to icans and nonprofit organizations and com- SEC. 171. CONFORMING AMENDMENTS. part III of subtitle B of title I (as added by panies in the United States as it relates to (a) IN GENERAL.— subparagraph (E)) the following: international volunteer service; (1) Section 101 of the National and Commu- ‘‘PART IV—SERVICE-LEARNING IMPACT STUDY (C) public recognition of skilled American nity Service Act of 1990 (42 U.S.C. 12511) is ‘‘Sec. 119F. Study and report.’’; volunteers; amended— (G) by striking the item relating to the (D) support for organizations that utilize (A) in paragraph (17)(A)(i), by striking subtitle heading for subtitle I of title I and skilled Americans as volunteers; ‘‘subtitle C’’ and inserting ‘‘subtitles C and inserting the following: (E) participation in the development of G’’; and special initiatives to further opportunities (B) in paragraph (19)— ‘‘Subtitle K—American Conservation and Youth Corps’’; for skilled Americans; and (i) by striking ‘‘119(b)(1), or 122(a), or in’’ (F) leadership of an innovative public-pri- (H) by striking the item relating to the and inserting ‘‘or 119(b)(1), subpart B of part vate partnership to provide eligible skilled subtitle heading for subtitle H of title I and I, or part III, of subtitle B of title I, or sec- with financial assistance for volunteer as- inserting the following: tion 122(a), in’’; signments. (ii) by inserting ‘‘or in part II or III of sub- ‘‘Subtitle J—Investment for Quality and SEC. 202. DEFINITIONS. title F, or in subtitle G, of title I,’’ after Innovation’’; In this title: ‘‘152(b),’’; and (I) by striking the item relating to the sub- (1) VFP OFFICE.—The term ‘‘VfP Office’’ (iii) by striking ‘‘or 198D’’ and inserting title heading for subtitle G of title I and in- means the Office of Volunteers for Pros- ‘‘198D, 198E, 198F, or 198G’’. serting the following: perity of the United States Agency for Inter- (2) Section 117E of such Act (42 U.S.C. ‘‘Subtitle I—Corporation for National and national Development. 12546) is amended— Community Service’’; (2) VFP PROGRAM.—The term ‘‘VfP Pro- (A) in subsection (a)— (J) by striking the item relating to the gram’’ means the Volunteers for Prosperity (i) in paragraph (1), by striking ‘‘116(a)(1)’’ Program established through Executive subtitle heading for subtitle F of title I and and inserting ‘‘114C(a)(1)’’; and Order 13317. inserting the following: (ii) in paragraph (2), by striking ‘‘116(a)(2)’’ (3) VFPSERVE.—The term ‘‘VfPServe’’ and inserting ‘‘114C(a)(2)’’; and ‘‘Subtitle H—Administrative Provisions’’; means a program established by the VfP Of- (B) by striking ‘‘116(b)’’ and inserting (K) by inserting after the items relating to fice, in cooperation with the USA Freedom ‘‘114C(b)’’. subtitle E of title I the following: Corps and the Global Giving Foundation, to (3) Section 118(a) of such Act (42 U.S.C. ‘‘Subtitle F—Social Innovation and provide eligible skilled professionals with 12551(a)) is amended by striking ‘‘subtitle H’’ Entrepreneurship fixed amount stipends to offset the travel and inserting ‘‘subtitle J’’. ‘‘PART I—COMMISSION ON CROSS SECTOR and living costs of volunteering abroad. (4) Section 119(c) of such Act (42 U.S.C. SOLUTIONS SEC. 203. OFFICE OF VOLUNTEERS FOR PROS- 12561(c)) is amended— PERITY. ‘‘Sec. 167. Commission. (A) in paragraph (1)(B), by striking (a) FUNCTIONS.—The VfP Office shall pur- ‘‘116(a)(2)’’ and inserting ‘‘114C(a)(2)’’; and ‘‘PART II—COMMUNITY SOLUTIONS FUNDS sue the objectives of the VfP Program de- (B) in paragraph (2), by striking ‘‘116(b)’’ ‘‘Sec. 167A. Funds. scribed in subsection (b) by— and inserting ‘‘114C(b)’’. ‘‘PART III—INNOVATION FELLOWSHIPS PILOT (1) implementing the VfPServe Program to (5) Section 122(a)(2) of such Act (42 U.S.C. PROGRAM provide eligible skilled professionals with 12572(a)(2)) is amended by striking ‘‘subtitle ‘‘Sec. 167B. Program. fixed amount stipends to offset the travel I’’ and inserting ‘‘subtitle K’’. and living expenses of volunteering abroad (6) Section 193A(f)(1) of such Act (42 U.S.C. ‘‘Subtitle G—ServeAmerica Corps with nonprofit organizations; 12651d(f)(1)) is amended by striking ‘‘sub- ‘‘Sec. 168. Corps.’’; (2) otherwise promoting short- and long- titles C and I’’ and inserting ‘‘subtitles C and (L) by adding at the end of the items relat- term international volunteer service by K’’. ing to subtitle J (as so redesignated) of title skilled American professionals, including (7) Section 501(a)(2) of such Act (42 U.S.C. I the following: connecting such professionals with nonprofit 12681(a)(2)) is amended— ‘‘Sec. 198E. ServeAmerica and Encore Fel- organizations, to achieve such objectives; (A) in the paragraph heading, by striking lowships.’’; (3) helping nonprofit organizations in the ‘‘C, D, AND H’’ and inserting ‘‘C, D, AND J’’; and United States recruit and effectively manage (B) in subparagraph (A), by striking ‘‘sub- (M) by adding at the end of the items relat- additional skilled American professionals for titles C and H’’ and inserting ‘‘subtitles C ing to subtitle J (as so amended and redesig- volunteer assignments throughout the devel- and J’’; and nated) of title I the following: oping world;

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.035 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8498 CONGRESSIONAL RECORD — SENATE September 12, 2008 (4) providing recognition for skilled Amer- SUBMITTED RESOLUTIONS (2) recognizes that all people in the United ican volunteers and the organizations de- States should become more informed and ploying them; aware of celiac disease; (5) helping nonprofit organizations and cor- SENATE RESOLUTION 657—DESIG- (3) calls upon the people of the United porations in the United States to identify re- States to observe the date with appropriate NATING SEPTEMBER 13, 2008, AS ceremonies and activities; and sources and opportunities in international ‘‘NATIONAL CELIAC DISEASE volunteer service utilizing skilled Ameri- (4) respectfully requests the Secretary of AWARENESS DAY’’ cans; the Senate to transmit a copy of this resolu- tion to the Celiac Sprue Association, the (6) encouraging the establishment of inter- Mr. NELSON of Nebraska (for him- American Celiac Society, the Celiac Disease national volunteer programs for employees self and Mr. INHOFE) submitted the fol- Foundation, the Gluten Intolerance Group of of United States corporations; and lowing resolution; which was referred North America, and the Oklahoma Celiac (7) encouraging international voluntary to the Committee on the Judiciary. Support Group No. 5 of the Celiac Sprue As- service by highly skilled Americans to pro- S. RES. 657 sociation. mote health and prosperity throughout the Whereas celiac disease affects approxi- f world. mately 1 in every 130 people in the United SENATE RESOLUTION 658—EX- (b) VFP PROGRAM OBJECTIVES.—The objec- States, for a total of 3,000,000 people; tives of the VfP Program shall be to— Whereas the majority of people with celiac PRESSING THE SENSE OF THE (1) eliminate extreme poverty; disease have yet to be diagnosed; SENATE THAT THE FORMER (2) reduce world hunger and malnutrition; Whereas celiac disease is a chronic inflam- CHIEF EXECUTIVE OFFICERS OF (3) increase access to safe potable water; matory disorder that is classified as both an FANNIE MAE SHOULD NOT RE- (4) enact universal education; autoimmune condition and a genetic condi- CEIVE LAVISH SEVERANCE (5) reduce child mortality and childhood tion; PACKAGES AT TAXPAYER EX- diseases; Whereas celiac disease causes damage to PENSE (6) combat the spread of preventable dis- the lining of the small intestine, which re- sults in overall malnutrition; Mr. NELSON of Nebraska submitted eases, including HIV, malaria, and tuber- the following resolution; which was re- culosis; Whereas, when a person with celiac disease consumes foods that contain certain protein ferred to the Committee on Banking, (7) provide educational and work skill sup- fractions, that person suffers a cell-mediated Housing, and Urban Affairs: port for girls and empowering women to immune response that damages the villi of S. RES. 658 achieve independence; the small intestine, interfering with the ab- (8) create sustainable business and entre- Whereas, on September 7, 2008 the Federal sorption of nutrients in food and the effec- National Mortgage Association (Fannie Mae) preneurial opportunities; and tiveness of medications; (9) increase access to information tech- and the Federal Home Loan Mortgage Cor- Whereas those problematic protein frac- poration (Freddie Mac) were placed into con- nology. tions are found in wheat, barley, rye, and servatorship by the Federal Housing Finance (c) VOLUNTEERS FOR PROSPERITY SERVICE oats, which are used to produce many foods, Agency; INCENTIVE PROGRAM.—The VfP Office may medications, and vitamins; Whereas the Department of the Treasury provide fixed amount stipends to offset the Whereas, because celiac disease is a ge- has announced that up to $200,000,000,000 of netic disease, there is an increased incidence travel and living costs of volunteering tax dollars will be invested in senior pre- of celiac disease in families with a known abroad to any individual who— ferred stock of Fannie Mae and Freddie Mac, history of celiac disease; (1) has skills relevant to addressing any ob- with billions more lent to the companies via Whereas celiac disease is underdiagnosed the Government Sponsored Entity Credit Fa- jective described in subsection (b); and because the symptoms can be attributed to cility, and invested in mortgage backed se- (2) provides a dollar-for-dollar match for other conditions and are easily overlooked curities issued by the companies; such stipend— by doctors and patients; Whereas the Federal Housing Finance (A) through the organization with which Whereas, as recently as 2000, the average Agency, as conservator, has all the rights, ti- the individual is serving; or person with celiac disease waited 11 years for tles, powers, and privileges of the companies (B) by raising private funds. a correct diagnosis; and of any stockholder, officer, or director of 1 (d) FUNDING.— Whereas ⁄2 of all people with celiac disease the companies, and has been charged with (1) IN GENERAL.—The Secretary of State, in do not show symptoms of the disease; the duty to operate the companies; consultation with the Administrator of the Whereas celiac disease is diagnosed by Whereas media reports indicate that the tests that measure the blood for abnormally United States Agency for International De- former chief executive officers of Fannie Mae high levels of the antibodies of and Freddie Mac may be paid severance velopment, shall make available the immunoglobulin A, anti-tissue packages worth a combined $24,000,000 in amounts appropriated pursuant to section transglutaminase, and IgA anti-endomysium pay, bonuses, and benefits; 204 to the VfP Office to pursue the objectives antibodies; Whereas these chief executive officers pre- described in subsection (b) by carrying out Whereas celiac disease can be treated only sided over Fannie Mae and Freddie Mac in the functions described in subsection (a). by implementing a diet free of wheat, barley, the time that led to a taxpayer-funded res- (2) USE OF FUNDS.—Amounts made avail- rye, and oats, often called a ‘‘gluten-free cue and Federal takeover, and should not be able under paragraph (1) may be used by the diet’’; rewarded; and VfP Office to provide personnel and other re- Whereas a delay in the diagnosis of celiac Whereas the conservator of Fannie Mae sources to develop, manage, and expand the disease can result in damage to the small in- and Freddie Mac has a duty both to the sta- VfP Program, under the supervision of the testine, which leads to an increased risk of bility of the financial markets, and to the United States Agency for International De- malnutrition, anemia, lymphoma, adenocar- best interest of the American taxpayer, velopment. cinoma, osteoporosis, miscarriage, con- whose dollars are being invested in the com- genital malformation, short stature, and dis- panies: Now, therefore, be it (e) COORDINATION.—The VfP Office shall co- orders of the skin and other organs; Resolved, That it is the sense of the Senate ordinate its efforts with other public and pri- Whereas celiac disease is linked to many that— vate efforts that aim to send skilled profes- autoimmune disorders, including thyroid (1) the former chief executive officers who sionals to serve in developing nations. disease, systemic lupus erythematosus, type presided over the Federal National Mortgage Association (Fannie Mae) and the Federal (f) REPORT.—The VfP Office shall submit 1 diabetes, liver disease, collagen vascular Home Loan Mortgage Corporation (Freddie an annual report to Congress on the activi- disease, rheumatoid arthritis, and Sjogren’s Mac) during the period that led to a Federal ties of the VfP Office. syndrome; Whereas the connection between celiac dis- takeover should not be rewarded with lavish SEC. 204. AUTHORIZATION OF APPROPRIATIONS. ease and diet was first established by Dr. severance packages paid for by American Samuel Gee, who wrote, ‘‘if the patient can taxpayers; and (a) IN GENERAL.—There are authorized to be cured at all, it must be by means of diet’’; (2) the severance packages of both former be appropriated to carry out this title Whereas Dr. Samuel Gee was born on Sep- chief executive officers should be carefully $10,000,000 for each of the fiscal years 2009 tember 13, 1839; and examined and eliminated or reduced to an through 2013. Whereas, by designating September 13, appropriate level. (b) ALLOCATION OF FUNDS.—Of the amounts 2008, as National Celiac Disease Awareness f appropriated pursuant to subsection (a)— Day, the Senate can raise awareness of celiac AMENDMENTS SUBMITTED AND disease in the general public and the medical (1) 90 percent shall be expended to expand PROPOSED VfPServe; and community: Now, therefore, be it (2) 10 percent shall be expended to manage Resolved, That the Senate— SA 5498. Mr. NELSON, of Florida sub- the VfP Program. (1) designates September 13, 2008, as ‘‘Na- mitted an amendment intended to be pro- tional Celiac Disease Awareness Day’’; posed by him to the bill S. 3001, to authorize

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.035 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8499 appropriations for fiscal year 2009 for mili- cy operations, training, or testing in the SEC. 344. ALTERNATIVE AVIATION FUEL INITIA- tary activities of the Department of Defense, area. TIVE. for military construction, and for defense ac- (a) FINDINGS.—Congress makes the fol- tivities of the Department of Energy, to pre- SA 5499. Mr. WEBB submitted an lowing findings: scribe military personnel strengths for such amendment intended to be proposed by (1) Dependence on foreign sources of oil is fiscal year, and for other purposes; which him to the bill S. 3001, to authorize ap- detrimental to the national security of the was ordered to lie on the table. propriations for fiscal year 2009 for United States due to possible disruptions in supply. SA 5499. Mr. WEBB submitted an amend- military activities of the Department ment intended to be proposed by him to the (2) The Department of Defense is the larg- of Defense, for military construction, est single consumer of fuel in the United bill S. 3001, supra; which was ordered to lie and for defense activities of the De- on the table. States. SA 5500. Mr. THUNE submitted an amend- partment of Energy, to prescribe mili- (3) The United States Air Force is the larg- ment intended to be proposed by him to the tary personnel strengths for such fiscal est consumer of fuel in the Department of bill S. 3001, supra; which was ordered to lie year, and for other purposes; which was Defense. on the table. ordered to lie on the table; as follows: (4) The skyrocketing price of fuel is having SA 5501. Ms. SNOWE (for herself and Mr. At the end of subtitle C of title XII, add a significant budgetary impact on the De- STEVENS) submitted an amendment intended the following: partment of Defense. (5) The United States Air Force uses about to be proposed by her to the bill S. 3001, SEC. 1222. SENSE OF CONGRESS ON EXTENSION supra; which was ordered to lie on the table. OF THE MANDATE OF MULTI-NA- 2,600,000,000 gallons of jet fuel a year, or 10 SA 5502. Mr. NELSON, of Nebraska (for TIONAL FORCE IN IRAQ AFTER EXPI- percent of the entire domestic market in himself and Mr. LEVIN) submitted an amend- RATION OF ITS CURRENT UNITED aviation fuel. ment intended to be proposed by him to the NATIONS MANDATE. (6) The Air Force has developed an energy bill S. 3001, supra; which was ordered to lie (a) SENSE OF CONGRESS.—It is the sense of program (in this section referred to as the on the table. Congress that— ‘‘Air Force Energy Program’’) to certify the SA 5503. Mrs. CLINTON submitted an (1) the United States Special Representa- entire Air Force aircraft fleet for operations amendment intended to be proposed by her tive to the United Nations should use the on a 50/50 synthetic fuel blend by not later to the bill S. 3001, supra; which was ordered voice, vote, and influence of the United than June 30, 2011, and to acquire 50 percent to lie on the table. States at the United Nations to seek an ex- of its domestic aviation fuel requirement tension of the mandate of the Multi-National from a synthetic fuel blend, at prices equal f Force in Iraq under United National Secu- to or less than market prices for petroleum- TEXT OF AMENDMENTS rity Council Resolution 1790 (2007) in order to based alternatives, that exhibits a more fa- vorable environmental footprint across all Mr. NELSON of Florida sub- provide United States and Coalition forces SA 5498. within the Multi-National Force in Iraq with major contaminates of concern, by not later mitted an amendment intended to be the authorities, privileges, and immunities than December 31, 2016. proposed by him to the bill S. 3001, to necessary for such forces to carry out their (7) The Air Force Energy Program will pro- authorize appropriations for fiscal year mission in Iraq after December 31, 2008; vide options to reduce the use of foreign oil, 2009 for military activities of the De- (2) the extension under paragraph (1) by focusing on expanding alternative energy partment of Defense, for military con- should expire upon the earlier of— options that provide favorable environ- struction, and for defense activities of (A) a period of one year; or mental attributes as compared to currently- the Department of Energy, to prescribe (B) the entry into force of a strategic available options. (b) CONTINUATION OF INITIATIVES.— military personnel strengths for such framework agreement and a status of forces agreement between the United States and (1) IN GENERAL.—The Secretary of the Air fiscal year, and for other purposes; Iraq as mutually agreed upon by the Govern- Force shall continue the alternative aviation which was ordered to lie on the table; ment of the United States and the Govern- fuel initiatives of the Air Force with a goal as follows: ment of Iraq; of— At the appropriate place, insert the fol- (3) the strategic framework agreement now (A) certifying the entire Air Force aircraft lowing: being negotiated between the United States fleet for operations on alternative or syn- SEC. ll. PROTECTION OF NATIONAL SECURITY and Iraq poses significant long-term national thetic fuels (including blends of alternative INTERESTS FROM OIL AND GAS security implications for the United States; or synthetic fuels with conventional fuels) LEASING IN CERTAIN AREAS. (4) the Bush Administration having fully by not later than June 30, 2011; (a) AREAS.—This section applies to— agreed to consult with Congress regarding (B) acquiring 50 percent of its domestic (1) any area in the Gulf of Mexico that is all details of the strategic framework agree- aviation fuel requirement from alternative east of the Military Mission Line (as defined ment and status of forces agreement between or synthetic fuels (including blends of alter- in section 102 of the Gulf of Mexico Energy the United States and Iraq, copies of the full native or synthetic fuels with conventional Security Act of 2006 (43 U.S.C. 1331 note; Pub- texts of each such agreement should be pro- fuels) by not later than December 31, 2016, lic Law 109–432)); vided to the Chairman and Ranking Minority provided that— (2) the area that is also known as the Member of the appropriate committees of (i) the lifecycle greenhouse gas emissions ‘‘Joint Gulf Range Complex’’ or the ‘‘Gulf of Congress before entry into such agreement; associated with the production and combus- Mexico Range’’; and and tion of such fuel shall be lower than such (3) any military or national security agen- (5) any strategic framework agreement emissions from conventional fuels that are cy operations, training, or testing area that mutually agreed upon by the Government of used in the same application, as determined is used by a military or national security the United States and the Government of in accordance with guidance by the Depart- agency of the United States Iraq should cease to have effect unless ap- ment of Energy and the Environmental Pro- (b) PREREQUISITE.—Notwithstanding any proved by Congress within 180 days of the tection Agency ; and other provision of law, the Secretary of the entry into force of such agreement. (ii) prices for such fuels are equal to or less Interior shall not issue any permit for oil (b) APPROPRIATE COMMITTEES OF CONGRESS than market prices for petroleum-based al- and gas leasing or extraction in an area de- DEFINED.—In this section, the term ‘‘appro- ternatives that are used for the same func- scribed in subsection (a) unless and until the priate committees of Congress’’ means— tions; President certifies (based on written opin- (1) the Committees on Armed Services and (C) taking actions in collaboration with ions provided by each of the Secretary of De- Foreign Relations of the Senate; and the commercial aviation industry and equip- fense, the Secretary of the Navy, the Sec- (2) the Committees on Armed Services and ment manufacturers to spur the development retary of the Air Force, and the head of each International Relations of the House of Rep- of a domestic alternative aviation fuel indus- appropriate national security agency of the resentatives. try; and United States) that in balancing the na- (D) taking actions in collaboration with tional security interests of the United SA 5500. Mr. THUNE submitted an other Federal agencies, the commercial sec- States— amendment intended to be proposed by tor, and academia to solicit for and test the (1) the advantages of oil or gas extraction him to the bill S. 3001, to authorize ap- next generation of environmentally-friendly in the area; outweigh propriations for fiscal year 2009 for alternative aviation fuels. (2) the military and national security mis- military activities of the Department (2) ADJUSTMENT OF GOAL.—The Secretary of sions being conducted in the area. of Defense, for military construction, the Air Force may adjust the goal of acquir- (c) OPINIONS.—Each written opinion re- and for defense activities of the De- ing 50 percent of Air Force domestic fuel re- quired for an area under subsection (b) quirements from alternative or synthetic shall— partment of Energy, to prescribe mili- fuels by not later than December 31, 2016, if (1) be submitted to the national security tary personnel strengths for such fiscal the Secretary determines in writing that it committees of Congress in unclassified form, year, and for other purposes; which was would not be practicable, or in the best in- with a classified annex (if applicable); and ordered to lie on the table; as follows: terests of the Air Force, to do so and informs (2) evaluate the effects of oil or gas extrac- On page 81, before line 6, insert the fol- the congressional defense committees within tion on military and national security agen- lowing: 30 days of the basis for such determination.

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.021 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8500 CONGRESSIONAL RECORD — SENATE September 12, 2008

(3) ANNUAL REPORT.—Not later than 180 Administrator may prescribe, by regulation ‘‘(D) Whether the time a member has days after the date of the enactment of this or order, in certifying small business con- served on deployment during the course of Act and annually thereafter in each of fiscal cerns owned and controlled by service-dis- the member’s career in specified locations or years 2010 through 2016, the Secretary of De- abled veterans operations (such as combat zones or combat fense, in consultation with the Secretary of (2) REGULATIONS.—Before implementing operations), missions, or assignments ex- the Air Force, shall submit to Congress a re- paragraph (1), the Administrator shall pro- ceeds a period specified by the Secretary of port on the progress of the alternative avia- mulgate regulations or orders ensuring ap- Defense. tion fuel initiative program, including— propriate certification safeguards to be im- ‘‘(E) Such other factors as the Secretary of (A) the status of aircraft fleet certifi- plemented by the Administration and the Defense considers appropriate.’’. cation, until complete; Department of Veterans Affairs. (B) the quantities of alternative or syn- (3) REGISTRATION PORTAL.—The Adminis- SA 5503. Mrs. CLINTON submitted an thetic fuels (including blends of alternative trator and the Secretary of Veterans Affairs amendment intended to be proposed by or synthetic fuels with conventional fuels) shall ensure that small business concerns her to the bill S. 3001, to authorize ap- purchased for use by the Air Force in the fis- owned and controlled by service-disabled propriations for fiscal year 2009 for cal year ending in such year; veterans may apply to participate in all pro- military activities of the Department (C) progress made against published goals grams for such small business concerns car- of Defense, for military construction, for such fiscal year; ried out by the Administrator or the Sec- and for defense activities of the De- (D) the status of recovery plans to achieve retary through a single process. partment of Energy, to prescribe mili- any goals set for previous years that were (c) TRANSITION PERIOD FOR SURVIVING not achieved; and SPOUSES OR PERMANENT CARE GIVERS.—Sec- tary personnel strengths for such fiscal (E) the establishment or adjustment of tion 3(q)(2) of the Small Business Act (15 year, and for other purposes; which was goals and objectives for the current fiscal U.S.C. 632(q)(2)) is amended by striking sub- ordered to lie on the table; as follows: year or for future years. paragraph (B) and inserting the following: At the end of subtitle F of title X, add the (c) ANNUAL REPORT FOR ARMY AND NAVY.— ‘‘(B) the management and daily business following: Not later than 180 days after the date of the operations of which are controlled— SEC. 1068. PILOT PROGRAM ON TRAINING AND enactment of this Act, and annually there- ‘‘(i) by 1 or more service-disabled veterans CERTIFICATION FOR FAMILY CARE- after in each of fiscal years 2010 through 2016, or, in the case of a veteran with permanent GIVER PERSONAL CARE ATTEND- the Secretary of the Army and the Secretary and severe disability, the spouse or perma- ANTS FOR VETERANS AND MEMBERS of the Navy shall each submit to Congress a nent care giver of such veteran; or OF THE ARMED FORCES WITH TRAU- MATIC BRAIN INJURY. report on goals and progress to research, ‘‘(ii) for a period of not longer than 10 (a) PILOT PROGRAMS AUTHORIZED.—The years after the death of a service-disabled test, and certify the use of alternative fuels Secretary of Veterans Affairs shall, in col- veteran, by a surviving spouse or permanent in their respective aircraft fleets. laboration with the Secretary of Defense, (d) DEFENSE SCIENCE BOARD REVIEW.— caregiver thereof.’’. carry out a pilot program to assess the feasi- (d) MENTOR-PROTEGE PROGRAM.—The Ad- (1) REPORT REQUIRED.—Not later than Octo- bility and advisability of providing training ministrator may establish a mentor-protege ber 1, 2011, the Defense Science Board shall and certification for family caregivers of program for small business concerns owned report to the Secretary of Defense on the veterans and members of the Armed Forces and controlled by service-disabled veterans, feasibility and advisability of achieving the with traumatic brain injury as personal care modeled on the mentor-protege program of goals established in subsection (b)(1). The re- attendants of such veterans and members. port shall address— the Administration for small businesses par- (b) DURATION OF PROGRAM.—The pilot pro- (A) the technological and economic ticipating in programs under section 8(a) of gram required by subsection (a) shall be car- achievability of the goals; the Small Business Act (15 U.S.C. 637(a)). ried out during the three-year period begin- (B) the impact of actions required to meet (e) IMPROVING OPPORTUNITIES FOR SERVICE ning on the date of the commencement of such goals on the military readiness of the DISABLED VETERANS.—Section 36(a) of the the pilot program. Air Force, energy costs, environmental per- Small Business Act (15 U.S.C. 657f(a)) is (c) LOCATIONS.—The pilot program under formance, and dependence on foreign oil; and amended— this section shall be carried out in three (C) any recommendations the Defense (1) in the matter preceding paragraph (1), medical facilities of the Department of Vet- Science Board may have for improving the by striking ‘‘may’’ and inserting ‘‘shall’’; erans Affairs. In selecting the locations of Air Force program. and the pilot program, the Secretary shall give (2) SUBMISSION TO CONGRESS.—Not later (2) in paragraph (1), by striking ‘‘and the special emphasis to the polytrauma centers than 30 days after receiving the report re- contracting officer’’ and all that follows of the Department of Veterans Affairs des- quired by under paragraph (1), the Secretary through ‘‘contracting opportunity’’. ignated as Tier I polytrauma centers. (d) TRAINING CURRICULA.— of Defense shall forward the report to Con- Mr. NELSON of Nebraska gress, together with the comments and rec- SA 5502. (1) IN GENERAL.—The Secretary of Veterans ommendations of the Secretary. (for himself and Mr. LEVIN) submitted Affairs shall develop curricula for the train- an amendment intended to be proposed ing of personal care attendants under the SA 5501. Ms. SNOWE (for herself and by him to the bill S. 3001, to authorize pilot program under this section. Such cur- Mr. STEVENS) submitted an amendment appropriations for fiscal year 2009 for ricula shall incorporate— intended to be proposed by her to the military activities of the Department (A) applicable standards and protocols uti- of Defense, for military construction, lized by certification programs of national bill S. 3001, to authorize appropriations brain injury care specialist organizations; for fiscal year 2009 for military activi- and for defense activities of the De- and ties of the Department of Defense, for partment of Energy, to prescribe mili- (B) best practices recognized by caregiving military construction, and for defense tary personnel strengths for such fiscal organizations. activities of the Department of Energy, year, and for other purposes; which was (2) USE OF EXISTING CURRICULA.—In devel- to prescribe military personnel ordered to lie on the table; as follows: oping the curricula required by paragraph strengths for such fiscal year, and for At the end of subtitle E of title VI, add the (1), the Secretary of Veterans Affairs shall, other purposes; which was ordered to following: to the extent practicable, utilize and expand upon training curricula developed pursuant lie on the table; as follows: SEC. 652. AUTHORIZATION FOR PAYMENT OF HAZARDOUS DUTY PAY FOR ARDU- to section 744(b) of the John Warner National On page 311, between lines 13 and 14, insert OUS PERSONNEL TEMPOS AND Defense Authorization Act for Fiscal Year the following: OTHER FACTORS. 2007 (Public Law 109–364; 120 Stat. 2308). SEC. 1083. SMALL BUSINESS PROGRAMS FOR Section 305(a) of title 37, United States (e) PARTICIPATION IN PROGRAMS.— SERVICE-DISABLED VETERANS. Code, is amended— (1) IN GENERAL.—The Secretary of Veterans (a) DEFINITIONS.—In this section— (1) by inserting ‘‘(1)’’ after ‘‘(a) SPECIAL Affairs shall determine the eligibility of a (1) the terms ‘‘Administration’’ and ‘‘Ad- PAY AUTHORIZED.—’’; and family member of a veteran or member of ministrator’’ mean the Small Business Ad- (2) by adding at the end the following new the Armed Forces for participation in the ministration and the Administrator thereof, paragraph: pilot program under this section. respectively; and ‘‘(2) In designating duty as hardship duty (2) BASIS FOR DETERMINATION.—A deter- (2) the term ‘‘small business concern owned for purposes of this section, the Secretary of mination made under paragraph (1) shall be and controlled by service-disabled veterans’’ Defense shall take into account the fol- based on the needs of the veteran or member has the meaning given that term in section lowing: of the Armed Forces concerned, as deter- 3 of the Small Business Act (15 U.S.C. 632), as ‘‘(A) Quality-of-life and living conditions mined by the physician of such veteran or amended by this section. in the area of a member’s assignment. member. (b) CERTIFICATION.— ‘‘(B) The mission a member is performing. (f) ELIGIBILITY FOR COMPENSATION.—A fam- (1) CONGRESSIONAL INTENT.—It is the intent ‘‘(C) Whether the tempo of operations ily caregiver of a veteran or member of the of Congress that the Administrator should under which a member is performing the Armed Forces who receives certification as a accept certifications by the Department of duty exceeds the thresholds established in personal care attendant under the pilot pro- Veterans Affairs, under such criteria as the section 991 of title 10. gram under this section shall be eligible for

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\A12SE6.039 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8501 compensation from the Department of Vet- with no motions to proceed in order MARK MELLAS BLISS, OF GEORGIA MATTHEW HAROLD BLONG, OF MARYLAND erans Affairs for care provided to such vet- during Monday’s session. I further ask RYAN EUGENE BOWLES, OF MINNESOTA eran or member. that the mandatory quorum under rule NATHAN J. BOYACK, OF WASHINGTON (g) COSTS OF TRAINING.— ROBIN SOPHIA BROOKS, OF COLORADO XXII be waived and that the filing CHRISTOPHER J. BROWN, OF VIRGINIA (1) TRAINING OF FAMILIES OF VETERANS.— deadline for first-degree amendments TODD ALAN CAMPBELL, OF ILLINOIS Any costs of training provided under the ALICE RUTH CHU, OF MINNESOTA pilot program under this section for family be 4 p.m. Monday. GORDON SCOTT CHURCH, OF TENNESSEE The PRESIDING OFFICER. Without JEANNE L. CLARK, OF NEW YORK members of veterans shall be borne by the FRANCES JUANITA CRESPO, OF TEXAS Secretary of Veterans Affairs. objection, it is so ordered. GRETCHEN MCKEEVER CURETON, OF TEXAS (2) TRAINING OF FAMILIES OF MEMBERS OF SARAH J. DEBBINK, OF THE DISTRICT OF COLUMBIA f AMY WUEBBELS DIAZ, OF TEXAS THE ARMED FORCES .—The Secretary of De- REBECCA EVE DODDS, OF OREGON fense shall reimburse the Secretary of Vet- PROGRAM ERIN L. EDDY, OF SOUTH DAKOTA erans Affairs for any costs of training pro- SITA M. FARRELL, OF VIRGINIA Mr. SANDERS. Mr. President, today MOLLY PLEDGE FLORES, OF KANSAS vided under the pilot program for family MARY ANN FREEMAN, OF CALIFORNIA members of members of the Armed Forces. Senator REID filed cloture on the De- CHRIS W. GRANTHAM, OF WASHINGTON Amounts for such reimbursement shall be fense authorization bill. Senators have BETH BOWDEN HERBOLICH, OF ARIZONA SAUL ANTONIO HERNANDEZ, OF GEORGIA derived from amounts available for Defense until 4 p.m. on Monday to file germane SABIN MANZEL HINTON, OF UTAH Health Program for the TRICARE program. amendments. The cloture vote will MICHELLE LYNN HOYT, OF VIRGINIA (h) ASSESSMENT OF FAMILY CAREGIVER occur on Tuesday. As previously an- SARAH ELIZABETH HUTCHISON, OF VIRGINIA NEEDS.— DAVID JEFFREY, OF WASHINGTON nounced, there will be no rollcall votes ERIC N. JOHNSON, OF COLORADO (1) IN GENERAL.—The Secretary of Veterans HYUN S. KIM, OF ILLINOIS Affairs may provide to a family caregiver on Monday. KEVIN MATTHEW KREUTNER, OF THE DISTRICT OF CO- who receives training under a pilot program LUMBIA f SUSANNE KUESTER, OF FLORIDA under this section— REBECCA LYNN LANDIS, OF CALIFORNIA (A) an assessment of their needs with re- ADJOURNMENT UNTIL MONDAY, DANIEL B. LANGENKAMP, OF THE DISTRICT OF COLUM- spect to their role as a family caregiver; and BIA SEPTEMBER 15, 2008, AT 3 P.M. COBY DAWNE LASTUKA, OF WASHINGTON (B) a referral to services and support Mr. SANDERS. If there is no further JEAN BOWMAN LEEDY, OF TEXAS that— LISA SHIH-YUN LIAO, OF NEW YORK (i) are relevant to any needs identified in business to come before the Senate, I BRUCE ALEXANDER LIPSCOMB III, OF VIRGINIA JEFFREY MICHAEL LOREE, OF NEW YORK such assessment; and ask unanimous consent it stand ad- RONITA MICHELLE MACKLIN, OF OHIO (ii) are provided in the community where journed under the previous order. DANIEL STEWART MATTERN, OF NEW YORK the family caregiver resides, including such SUZANNE SHELTON MCGUIRE, OF VIRGINIA There being no objection, the Senate, RUSSELL C. MENYHART, OF INDIANA services and support provided by commu- at 12:34 p.m., adjourned until Monday, SAMUEL S. MIKHELSON, OF VIRGINIA nity-based organizations, publicly-funded September 15, 2008, at 3 p.m. LOREN GIALLANELLA MURAD, OF MASSACHUSETTS programs, and the Department of Veterans DANIEL R. MYERS, OF OREGON TRACY J. NABER, OF SOUTH DAKOTA Affairs. f HART GABRIEL NELSON, OF MISSOURI (2) USE OF EXISTING TOOLS.—In developing MARLENE MONFILETTO NICE, OF FLORIDA and administering an assessment under para- NOMINATIONS MARLENE EGUIZABAL OLSEN, OF FLORIDA DARBY ANDREW PARLIAMENT, OF COLORADO graph (1), the Secretary shall, to the extent Executive nominations received by CHRISTOPHER BRENT PATCH, OF UTAH practicable, use and expand upon caregiver the Senate: VANESSA M. PAULOS, OF TEXAS assessment tools already developed and in MARGARET HOLLIS PEIRCE, OF FLORIDA UNITED STATES ADVISORY COMMISSION ON MICHELE LOUISE PETERSEN, OF VIRGINIA use by the Department. PUBLIC DIPLOMACY ELLEN PETERSON, OF NEW YORK (i) REPORT.—Not later than 2 years after SCOTT ALAN REESE, OF VERMONT the date of the enactment of this Act, the JAY T. SNYDER, OF NEW YORK, TO BE A MEMBER OF JAN MARLYS REILLY, OF NEW YORK THE UNITED STATES ADVISORY COMMISSION ON PUBLIC RYAN J. ROBERTS, OF TEXAS Secretary of Veterans Affairs shall submit to DIPLOMACY FOR A TERM EXPIRING JULY 1, 2010. (RE- MARK ROSENSHIELD, OF FLORIDA Congress a report on the pilot program car- APPOINTMENT) ALEXANDER D. SCHRANK, OF THE DISTRICT OF COLUM- BIA ried out under this section, including the FOREIGN SERVICE recommendations of the Secretary with re- MAHVASH SIDDIQUI, OF CALIFORNIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE ALEXIS LYNN SMITH, OF COLORADO spect to expansion or modification of the SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- CHRISTOPHER WELBY SMITH, OF VIRGINIA pilot program. NATIONAL DEVELOPMENT FOR PROMOTION WITHIN AND KIM M. STEENBERG, OF INDIANA (j) CONSTRUCTION.—Nothing in this section INTO THE SENIOR FOREIGN SERVICE TO THE CLASSES WILLIAM B. STEVENS, JR., OF VIRGINIA INDICATED: PAUL W. STEVENSON, OF NEW YORK shall be construed— KARAN ELIZABETH SWANER, OF VIRGINIA (1) to establish a mandate or right for a CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, DMITRI TARAKHOVSKY, OF MICHIGAN CLASS OF CAREER MINISTER: family caregiver to be trained and certified MARK AUGUST TERVAKOSKI, OF FLORIDA CELIA CLAIRE THOMPSON, OF TEXAS under this section; and JONATHAN S. ADDLETON, OF GEORGIA LILIANA AYALDE, OF MARYLAND ELIZABETH KENNEDY TRUDEAU, OF NEW HAMPSHIRE (2) to prohibit the Secretary from consid- HELENE N. TULING, OF WASHINGTON CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, ering or adopting the preference of a veteran MARK ANDREW TURNER, OF VIRGINIA CLASS OF MINISTER COUNSELOR: ANDREW JONATHAN WEBSTER-MAIN, OF WASHINGTON or member of the Armed Forces for services SUSAN K. BREMS, OF NORTH CAROLINA BRIGID REILLY WEILLER, OF NEW YORK provided by a personal care attendant who is MARGOT BIEGELSON ELLIS, OF NEW YORK RHONDA L. WELLS, OF FLORIDA not a family caregiver. PATRICK C. FLEURET, OF VIRGINIA LILIETH R. WHYTE, OF COLORADO KAREN L. FREEMAN, OF VIRGINIA PAULA C. WIKLE, OF FLORIDA (k) FAMILY CAREGIVER DEFINED.—In this JON DANIEL LINDBORG, OF INDIANA RYAN DAVID WIRTZ, OF FLORIDA section, with respect to member of the CARL ABDOU RAHMAAN, OF MARYLAND SUSAN G. REICHLE, OF VIRGINIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN Armed Forces or a veteran with traumatic SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES brain injury, the term ‘‘family caregiver’’ CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF means a family member of such member or CLASS OF COUNSELOR: AMERICA: veteran, or such other individual of similar DAVID JON BARTH, OF VIRGINIA DEPARTMENT OF COMMERCE affinity to such member or veteran as the E. JED BARTON, OF NEVADA ROBBIN E. BURKHART, OF TEXAS CHRISTOPHER BECKER, OF ILLINOIS Secretary proscribes, who is providing care SUSAN FRENCH FINE, OF VIRGINIA S. THOMAS BRUNS, OF FLORIDA to such member or veteran for such trau- JAMES ALAN FRANCKIEWICZ, OF MARYLAND STACEY T. CHOW, OF VIRGINIA matic brain injury. R. DAVID HARDEN, OF MARYLAND SARAH K. FOX-SHIN, OF MARYLAND PETER R. HUBBARD, OF THE DISTRICT OF COLUMBIA LOLA Z. GULOMOVA, OF THE DISTRICT OF COLUMBIA f BARBARA JEANNE KRELL, OF VIRGINIA JOHN R. HOWELL, OF VIRGINIA LAWRENCE A. MESERVE, OF VIRGINIA DEPARTMENT OF STATE ORDERS FOR MONDAY, THOMAS CHRISTOPHER MILLIGAN, OF THE DISTRICT OF COLUMBIA NATHANIEL W. ADAMS, OF THE DISTRICT OF COLUMBIA SEPTEMBER 15, 2008 BETH A. SALAMANCA, OF VIRGINIA MELISSA D. AINLEY, OF VIRGINIA Mr. SANDERS. Mr. President, I ask MAUREEN A. SHAUKET, OF THE DISTRICT OF COLUMBIA MARIA M. ARNETT, OF VIRGINIA HERBERT B. SMITH, OF DELAWARE HEATHER MARIE BORLAND, OF VIRGINIA unanimous consent that when the Sen- THOMAS H. STAAL, OF MARYLAND SHAWN MICHAEL BOYD, OF VIRGINIA ate completes its business today, it RICHARD WINSLOW WHELDEN, OF VIRGINIA JOHN S. BROWN, OF WASHINGTON KATHLEEN T. BRYDA, OF VIRGINIA stand adjourned until 3 p.m., Monday, THE FOLLOWING-NAMED PERSONS OF THE AGENCIES JESSICA ARIAS BULLOCK, OF VIRGINIA September 15; that following the pray- INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- ROBERT ALFRED BULLOCK, OF VIRGINIA FICERS OF THE CLASSES STATED. HERBERT CHRISTIAN CHEN, OF VIRGINIA er and pledge, the Journal of pro- FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF JACOB KYUNG-HWOON CHOI, OF UTAH ceedings be approved to date, the CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN KARIN J. CHURCHEY, OF THE DISTRICT OF COLUMBIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF KAREN LYNN CLARK, OF TEXAS morning hour be deemed expired, the AMERICA: JOHN RAMSEY CLARKE, OF THE DISTRICT OF COLUMBIA time for the two leaders be reserved for DEPARTMENT OF STATE DONALD R. COLEMAN, OF CALIFORNIA LAURA SUSAN CONAWAY, OF MARYLAND their use later in the day, and the Sen- JONATHAN TREVOR AUSTIN, OF MINNESOTA CYNTHIA LAUREN COOK, OF THE DISTRICT OF COLUMBIA ate then resume consideration of S. JENNIFER A. BAH, OF ALABAMA MARJORIE CORLETT, OF FLORIDA GAURAV BANSAL, OF NEW YORK ETHAN K. CURBOW, OF MARYLAND 3001, the Defense authorization bill, ANNE M. BENNETT, OF TEXAS EBONY ROSE CUSTIS, OF MARYLAND

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4637 Sfmt 9801 E:\CR\FM\A12SE6.041 S12SEPT1 rfrederick on PROD1PC67 with SENATE S8502 CONGRESSIONAL RECORD — SENATE September 12, 2008

SANDYA DAS, OF CALIFORNIA JONATHAN WOLFINGTON, OF THE DISTRICT OF COLUM- WILLIAM BRENT CHRISTENSEN, OF OREGON CHRISTOPHER DAVENPORT, OF VIRGINIA BIA CARL S. COCKBURN, OF FLORIDA BRIDGET DAVIS, OF NEW YORK HANAN YEHIA, OF MARYLAND JONATHAN RAPHAEL COHEN, OF CALIFORNIA ANDREA JO DEARMENT, OF TEXAS MATTHEW J. ZAMARY, OF VIRGINIA MAUREEN E. CORMACK, OF ILLINOIS DUSTIN DEGRANDE, OF THE DISTRICT OF COLUMBIA MARK W. ZANOLLI, OF PENNSYLVANIA JOHN S. CREAMER, OF VIRGINIA DANIEL DEL CASTILLO, OF MINNESOTA LINDSEY M. ZULUAGA, OF PENNSYLVANIA MARK J. DAVIDSON, OF NEW JERSEY WILLIAM ANTHONY DENTON, OF THE DISTRICT OF CO- JEFFREY F. DELAURENTIS, OF NEW YORK LUMBIA CONSULAR OFFICER IN THE DIPLOMATIC SERVICE OF LAURA FARNSWORTH DOGU, OF TEXAS JUDD B. DEVERMONT, OF THE DISTRICT OF COLUMBIA THE UNITED STATES OF AMERICA: WALTER DOUGLAS, OF NEVADA LUKE T. DURKIN, OF ILLINOIS JOSEPH AMBROSE KENNY, JR., OF MARYLAND CATHERINE I. EBERT-GRAY, OF COLORADO EMMERSON W. EDWARDS, OF THE DISTRICT OF COLUM- JOHN J. FINNEGAN, JR., OF VIRGINIA BIA THE FOLLOWING-NAMED CAREER MEMBER OF THE MICHAEL J. FITZPATRICK, OF FLORIDA JON KELLY EMERSON, OF MARYLAND SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- VALERIE L. FOWLER, OF WASHINGTON SARAH AILEEN ENGELHARDT, OF VIRGINIA RICULTURE FOR PROMOTION WITIN AND INTO THE SEN- CARLOS GARCIA, OF FLORIDA MARK D. ERICSON, OF MARYLAND IOR FOREIGN SERVICE TO THE CLASS INDICATED: THOMAS B. GIBBONS, OF VIRGINIA ALISON R. EVANS, OF THE DISTRICT OF COLUMBIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE DANIEL EDWARD GOODSPEED, OF VIRGINIA ROBERT T. FALZONE, OF VIRGINIA LAWRENCE J. GUMBINER, OF CALIFORNIA M. MARGARET FERRARA, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- ISTER COUNSELOR, EFFECTIVE MARCH 20, 2005: BLAIR P. HALL, OF THE DISTRICT OF COLUMBIA KELLY E. FOLLIARD, OF FLORIDA DANIEL J. HALL, OF TEXAS JEREMY J. FOWLER, OF THE DISTRICT OF COLUMBIA PHILIP A. SHULL, OF VIRGINIA BRENT R. HARTLEY, OF MARYLAND SHAWNA L. GARNER, OF VIRGINIA STUART M. HATCHER, OF VIRGINIA ALEXANDER DIMOND GORDON, OF THE DISTRICT OF CO- THE FOLLOWING-NAMED CAREER MEMBERS OF THE WILLIAM A. HEIDT, OF CALIFORNIA LUMBIA SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF DEBRA P. HEIEN, OF WASHINGTON MARY E. GOUDEY, OF THE DISTRICT OF COLUMBIA STATE FOR PROMOTION WITHIN AND INTO THE SENIOR JAMES WILLIAM HERMAN, OF WASHINGTON MIGUEL A. GUZMAN, OF VIRGINIA FOREIGN SERVICE TO THE CLASS INDICATED: CHARLES F. HUNTER, OF THE DISTRICT OF COLUMBIA ADAM HALVERSON, OF WISCONSIN CAREER MEMBER OF THE SENIOR FOREIGN SERVICE KAREN E. JOHNSON, OF TEXAS BRIAN HARP, OF NEW HAMPSHIRE OF THE UNITED STATES OF AMERICA, CLASS OF MIN- RUSSELL WARREN JONES, JR., OF ILLINOIS CHRISTOPHER THADDEUS WESTON HARTFIELD, OF ISTER COUNSELOR, EFFECTIVE JANUARY 6, 2008: GERALDINE L. KAM, OF CALIFORNIA GEORGIA STEVEN B. KASHKETT, OF FLORIDA DAVID H. HASKETT, OF MARYLAND DAVID MALCOLM ROBINSON, JR., OF CONNECTICUT ELIZABETH COOPER KAUFFMAN, OF FLORIDA JILLIAN A. HAYES, OF THE DISTRICT OF COLUMBIA SUNG Y. KIM, OF CALIFORNIA TIMOTHY F. HAYNES, JR., OF NEW YORK THE FOLLOWING-NAMED CAREER MEMBERS OF THE LAURA JEAN KIRKCONNELL, OF FLORIDA LISA R. HECHT-CRONSTEDT, OF FLORIDA SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF PHILIP S. KOSNETT, OF NORTH CAROLINA NEIL HELBRAUN, OF ILLINOIS STATE FOR PROMOTION INTO AND WITHIN THE SENIOR ROBERT R. KUNTZ II, OF CALIFORNIA JACQUELINE BRETT HERNANDEZ, OF FLORIDA FOREIGN SERVICE TO THE CLASSES INDICATED: MARY BETH LEONARD, OF THE DISTRICT OF COLUMBIA SHANNON PIPER HILL, OF NEW MEXICO CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ANDREA SMITH HILLYER, OF GUAM EARLE D. LITZENBERGER, OF CALIFORNIA OF THE UNITED STATES OF AMERICA, CLASS OF CAREER NAOMI EMERSON LYEW, OF PENNSYLVANIA HENRY HOWARD III, OF CONNECTICUT MINISTER: THOMAS J. HUDAK, OF VIRGINIA WILLIAM JOHN MARTIN, OF CALIFORNIA VIRSA Y. HURT, OF TENNESSEE JOHN E. HERBST, OF VIRGINIA RAYMOND D. MAXWELL, OF NORTH CAROLINA MARK T. HUSE, OF VIRGINIA RONALD LEWIS SCHLICHER, OF TENNESSEE ELIZABETH KAY WEBB MAYFIELD, OF TEXAS JASON RAY HUTCHISON, OF FLORIDA THOMAS A. SHANNON, JR., OF VIRGINIA VICTORIA SHARON MIDDLETON, OF VIRGINIA BRANDON JOVAN JACKSON, OF FLORIDA WILLIAM BRAUCHER WOOD, OF NEW YORK JEFFREY A. MOON, OF FLORIDA SANDRA M. JACOBS, OF FLORIDA JONATHAN M. MOORE, OF ILLINOIS JAMAL JOSEPH JAFARI, OF THE DISTRICT OF COLUMBIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE WENDELA C. MOORE, OF VIRGINIA KELVIN JAMISON, OF INDIANA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- TULINABO SALAMA MUSHINGI, OF VIRGINIA HUGO A. JIMENEZ, OF FLORIDA ISTER-COUNSELOR: JULIETA VALLS NOYES, OF FLORIDA SHEENA M. JOHNSON, OF VIRGINIA JULIE H. NUTTER, OF PENNSYLVANIA MARK L. ASQUINO, OF RHODE ISLAND MARY MONICA O’KEEFE, OF VIRGINIA KYLE T. JONES, OF OKLAHOMA BARBARA S. AYCOCK, OF OREGON N. RASHAD JONES, OF GEORGIA THEODORE G. OSIUS, OF THE DISTRICT OF COLUMBIA JESS LIPPINCOTT BAILY, OF GEORGIA JOSEPH M. POMPER, OF CONNECTICUT MARK RICHARD JORGENSEN, OF MINNESOTA MICHAEL ANTHONY BUTLER, OF VIRGINIA JERRY G. KALARICKAL, OF TEXAS MICHAEL A. RAYNOR, OF MARYLAND MARY DEANE CONNERS, OF PENNSYLVANIA BRUCE DAVID ROGERS, OF CALIFORNIA ELIZABETH A. KEENE, OF TEXAS JEFFREY W. CULVER, OF VIRGINIA SALMAN K. KHALIL, OF VIRGINIA SARA A. ROSENBERRY, OF VIRGINIA ROBERT E. DAVIS, JR., OF WASHINGTON CHRISTOPHER JOHN ROWAN, OF TENNESSEE JOHN P. KOSER, OF VIRGINIA DAVID F. DAVISON, OF HAWAII MARIANNE B. L’ALTRELLI, OF PENNSYLVANIA JULIE ANN RUTERBORIES, OF TEXAS JAMES C. DICKMEYER, OF OHIO SUE ELLEN SAARNIO, OF VIRGINIA ANDREW D. LEBKUECHER, OF MINNESOTA ELLEN CONNOR ENGELS, OF VIRGINIA MATTHEW L. LEE, OF VIRGINIA MICHAEL R. SCHIMMEL, OF MICHIGAN KATHLEEN M. FITZPATRICK, OF MARYLAND TODD P. SCHWARTZ, OF OHIO NANCY M. LEW, OF OREGON ROBERT STEPHEN FORD, OF MARYLAND ELEESHA M. LEWIS, OF FLORIDA KRISTEN B. SKIPPER, OF CALIFORNIA ALCY RUTH FRELICK, OF CALIFORNIA DANA SHELL SMITH, OF CALIFORNIA EILEEN M. LISTON, OF VIRGINIA KAY E. GOTOH, OF VIRGINIA LISA E. MAHONEY, OF VIRGINIA KURT D. VOLKER, OF THE DISTRICT OF COLUMBIA BRADFORD EUGENE HANSON, OF VIRGINIA PAUL ALLEN WEDDERIEN, OF CALIFORNIA PATRICK MARTINO, OF WISCONSIN DOUGLAS C. HENGEL, OF NEW YORK BRITTNEY ANJALI MCCLARY, OF FLORIDA UZRA S. ZEYA, OF FLORIDA PHILLIP P. HOFFMANN, OF NEW YORK SUSAN L. ZIADEH, OF WASHINGTON KIRK MCDONALD, OF FLORIDA MICHAEL STEPHEN HOZA, OF WASHINGTON DEBORAH M. MCGRATH, OF WISCONSIN BENJAMIN G. ZIFF, OF CALIFORNIA CHERIE J. JACKSON, OF COLORADO JANE BUCHMILLER ZIMMERMAN, OF VIRGINIA NINA D. MCLAUGHLIN, OF THE DISTRICT OF COLUMBIA KENNETH HOWARD JARRETT, OF NEW YORK BRIANA GRIBBIN MEACHAM, OF PENNSYLVANIA RICHARD E. JAWORSKI, OF MICHIGAN CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, AMANDA JOHNSON MILLER, OF THE DISTRICT OF COLUM- DEBORAH KAY JONES, OF NEW MEXICO CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND BIA IAN C. KELLY, OF NEW JERSEY SECRETARIES IN THE DIPLOMATIC SERVICE OF THE ERIN M. MOLNAR, OF NEW YORK JOHN MONROE KOENIG, OF WASHINGTON UNITED STATES OF AMERICA: JOAN A. MORGAN, OF VIRGINIA JUNE HEIL KUNSMAN, OF MISSOURI DALI MUKHERJEE, OF VIRGINIA BARRY JAY LEVIN, OF MISSOURI AZIZ AHMED, OF VIRGINIA PETER M. MUNOZ, OF VIRGINIA NANCY LEE MANAHAN, OF FLORIDA DOUGLAS A. ALLISON, OF VIRGINIA YOMARIS C. NUNEZ, OF NEW YORK SCOT ALAN MARCIEL, OF VIRGINIA JAMES PATRICK BACIGALUPO, OF NEW YORK KATHLEEN M. NUTT, OF VIRGINIA C. STEVEN MCGANN, OF CALIFORNIA RICHARD L. BOOHAKER, OF FLORIDA JAMES PATRICK O’BRIEN, OF WASHINGTON ROBERT MCKINNIE, OF TENNESSEE MICHAEL B. BRETZ, OF FLORIDA JOHN BURTON O’BRIEN, OF FLORIDA RONALD KEITH MCMULLEN, OF IOWA TODD JAMES BROWN, OF VIRGINIA DANIEL PATRICK OGAN, OF VIRGINIA PATRICIA N. MOLLER, OF PENNSYLVANIA PANAKKAL DAVID, OF NEW YORK MATTHEW GEREON OSBORNE, OF VIRGINIA RODERICK W. MOORE, OF FLORIDA JOHN M. DAVIS, OF VIRGINIA PAUL A. PAVWOSKI, OF THE DISTRICT OF COLUMBIA BRIAN A. NICHOLS, OF CALIFORNIA EDMUND J. GAGLIARDI, JR., OF PENNSYLVANIA AMANDA K. PAZ, OF CALIFORNIA RICHARD BOYCE NORLAND, OF MISSOURI LEON G. GALANOS, JR., OF NEW HAMPSHIRE BENJAMIN JOSEPH PERACCHIO, OF NORTH CAROLINA JAMES D. PETTIT, OF VIRGINIA TIMOTHY G. HALEY, OF TEXAS MATTHEW L. PETIT, OF FLORIDA LISA A. PIASCIK, OF VIRGINIA DANIEL BARRETT HOGAN, OF VIRGINIA BRETT ANDREW PIERCE, OF VIRGINIA DANIEL WILLIAM PICCUTA II, OF CALIFORNIA MARTIN FORTUNE KRAUS, OF MARYLAND ANDREW J. PUBLICOVER, OF WASHINGTON ROBERT A. POLLARD, OF VIRGINIA DANIEL R. MUHM, OF WASHINGTON ELIZABETH A. QUIRING, OF PENNSYLVANIA RONALD J. POST, OF FLORIDA JOSEPH MICHAEL PATE, OF TENNESSEE JUDNEFERA A. RASAYON, OF VIRGINIA MARTIN R. QUINN, OF VIRGINIA STEVE G. ROMERO, OF VIRGINIA ALISSA MEREDITH REDMOND, OF NORTH CAROLINA BROOKS A. ROBINSON, OF CALIFORNIA DAVID J. SCHNORBUS, OF NEW YORK ROBERT ALEXANDER ROMANOWSKI, OF VIRGINIA DANIEL RICHARD RUSSEL, OF CALIFORNIA CHRISTIAN J. SCHURMAN, OF VIRGINIA STEVEN MEREDITH RUGGE, OF VIRGINIA THOMAS F. SKIPPER, OF CALIFORNIA CHARLES J. SLATER, OF FLORIDA RYAN RUTA, OF TEXAS DERWOOD KEITH STAEBEN, OF WISCONSIN WALTER D. STORM, OF WASHINGTON JENNIFER L. SAMPLE, OF VIRGINIA GRACE CAROLY STETTENBAUER, OF VIRGINIA XAVIER VAZQUEZ, OF NEW YORK NICOLAS STEVEN SAMUELSON, OF VIRGINIA KAREN BREVARD STEWART, OF FLORIDA IN THE AIR FORCE BENJAMIN SAND, OF NEW YORK SHARON E. W. VILLAROSA, OF TEXAS MARIA W. SAND, OF NEW YORK MARY BURCE WARLICK, OF CALIFORNIA THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- SETH E. SCHLEICHER, OF VIRGINIA EDWARD J. WEHRLI, OF TEXAS MENT TO THE GRADES INDICATED IN THE REGULAR AIR AUDREY LOUISE SCHRADER, OF VIRGINIA JOSEPH YUOSANG YUN, OF OREGON FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): KYLE E. SCHRADER, OF CALIFORNIA MELISSA L. SCHUMI, OF THE DISTRICT OF COLUMBIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE To be lieutenant colonel PATRICIA A. SEEKER, OF FLORIDA FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR ROSEMARIE E. SKELLY, OF VIRGINIA FOREIGN SERVICE, AS INDICATED: THOMAS R. REED TARA E. SKRABANEK, OF TEXAS CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE To be major JASON P. SPELLBERG, OF COLORADO OF THE UNITED STATES OF AMERICA, CLASS OF COUN- INEKE MARGARET STONEHAM, OF THE DISTRICT OF CO- SELOR: REBECCA W. CARTER LUMBIA RICHARD A. DEFELICE NATELLA V. SVISTUNOVA, OF OREGON THEODORE ALLEGRA, OF COLORADO ALBERTO L. ENRICO, JR. DINA LUCIA TAMBURRINO, OF FLORIDA KURT E. AMEND, OF WASHINGTON JOAN M. HOVERMAN JOSEPH P. TAVES, OF VIRGINIA LARRY EDWARD ANDRE, JR., OF TEXAS MICHAEL W. KRUG BEVERLY A. THACKER, OF OREGON THOMAS H. ARMBRUSTER, OF FLORIDA NIDA SHEMMERI MARK EVAN TRABUE, OF VIRGINIA BRUCE ARMSTRONG, OF FLORIDA VIJAYALAKSHMI SRIPATHY COLLEEN M. TRAUGHBER, OF MINNESOTA LISA GAMBLE BARKER, OF RHODE ISLAND ERIN J. TRUHLER, OF MINNESOTA CLARE A. BARKLEY, OF MARYLAND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARY VARGAS, OF CALIFORNIA ERICA JEAN BARKS-RUGGLES, OF VIRGINIA TO THE GRADE INDICATED IN THE UNITED STATES AIR JOSEPH WILLIAM WADE, OF UTAH JOHN F. BERRY, OF MICHIGAN FORCE AND AS PERMANENT PROFESSOR AT THE UNITED DAVID AUSTIN WESTENHOFER, OF KENTUCKY TIMOTHY A. BETTS, OF CALIFORNIA STATES AIR FORCE ACADEMY, UNDER TITLE 10, U.S.C., TERESA WILLIAMSON, OF CONNECTICUT JAMES A. BOUGHNER, OF WASHINGTON SECTIONS 9333(B) AND 9336(A):

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4637 Sfmt 9801 E:\CR\FM\A12SE6.025 S12SEPT1 rfrederick on PROD1PC67 with SENATE September 12, 2008 CONGRESSIONAL RECORD — SENATE S8503

To be colonel IN THE ARMY THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO THE GRADE INDICATED IN THE DANIEL URIBE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, AS PERMANENT PROFESSOR AT THE UNITED STATES U.S.C., SECTIONS 531 AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MILITARY ACADEMY IN THE GRADE INDICATED UNDER TO THE GRADE INDICATED IN THE UNITED STATES AIR TITLE 10, U.S.C., SECTIONS 4333(B) AND 4336(A) : To be major FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be colonel JAYANTHI KONDAMINI To be lieutenant colonel STEVEN B. HORTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE MARK A. LAMBERTSEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: MENT TO THE GRADE INDICATED IN THE REGULAR AIR To be colonel FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): To be colonel KATHERINE G. ARTERBURN MARY F. BRAUN JAMES H. GRIFFITHS To be lieutenant colonel JESSE C. WHITE THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR RANDY L. MANELLA APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, APPOINTMENT TO THE GRADE INDICATED IN THE TO THE GRADE INDICATED IN THE UNITED STATES AIR U.S.C., SECTIONS 531 AND 3064: UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be colonel U.S.C., SECTIONS 531 AND 3064: To be lieutenant colonel JAMES C. BAYLEY To be major LEEANN M. CAPACE TIMOTHY W. RICKS THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO THE GRADE INDICATED IN THE PAMELA A. DIPATRIZIO THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- UNITED STATES ARMY MEDICAL SPECIALIST CORPS DUAINE J. KACZINSKI MENT TO THE GRADE INDICATED IN THE REGULAR AIR UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): To be major APPOINTMENT TO THE GRADES INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, JOSE R. RAFOLS To be major U.S.C., SECTIONS 531 AND 3064: MARCO V. GALVEZ THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR MARY A. HAYES APPOINTMENT TO THE GRADE INDICATED IN THE To be lieutenant colonel UNITED STATES ARMY VETERINARY CORPS UNDER MARK L. KAMPFE JOB ANDUJAR ENEYA H. MULAGHA TITLE 10, U.S.C., SECTIONS 531 AND 3064: JOSEPH M. OLIVEIRA To be major To be major INAAM A. PEDALINO JOHN T. SYMONDS MATTHEW MYLES RALPH LAYMAN

VerDate Aug 31 2005 01:11 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4637 Sfmt 9801 E:\CR\FM\A12SE6.031 S12SEPT1 rfrederick on PROD1PC67 with SENATE Friday, September 12, 2008 Daily Digest Senate Reid Amendment No. 5294 (to Amendment No. Chamber Action 5293), of a perfecting nature. Page S8457 Routine Proceedings, pages S8457–S8503 A motion was entered to close further debate on Measures Introduced: Five bills and two resolu- the bill, and, in accordance with the provisions of tions were introduced, as follows: S. 3483–3487, and rule XXII of the Standing Rules of the Senate, a S. Res. 657–658. Page S8479 vote on cloture will occur on Tuesday, September Measures Reported: 16, 2008. Page S8470 S. 3097, to amend the Vietnam Education Foun- A unanimous-consent agreement was reached pro- dation Act of 2000. (S. Rept. No. 110–458) viding that Senate resume consideration of the bill H.R. 2553, to amend the State Department Basic at approximately 3 p.m., on Monday, September 15, Authorities Act of 1956 to provide for the establish- 2008, and that the previous order with respect to a ment and maintenance of existing libraries and re- prohibition on motions to proceed remain in effect source centers at United States diplomatic and con- during the session of the Senate on Monday, Sep- sular missions to provide information about Amer- tember 15, 2008; provided further, that Senators ican culture, society, and history, with amendments. have until 4 p.m., on Monday, September 15, 2008 (S. Rept. No. 110–459) to file all first-degree amendments to the bill. S. 2052, to allow for certiorari review of certain cases denied relief or review by the United States Page S8501 Court of Appeals for the Armed Forces. Nominations Received: Senate received the fol- S. 3166, to amend the Immigration and Nation- lowing nominations: ality Act to impose criminal penalties on individuals Jay T. Snyder, of New York, to be a Member of who assist aliens who have engaged in genocide, tor- the United States Advisory Commission on Public ture, or extrajudicial killings to enter the United Diplomacy for a term expiring July 1, 2010. States. Page S8479 Routine lists in the Air Force, Army, and the For- Measures Considered: eign Service. Pages S8501–03 National Defense Authorization Act: Senate Messages from the House: Page S8478 continued consideration of S. 3001, to authorize ap- Measures Referred: Page S8478 propriations for fiscal year 2009 for military activi- ties of the Department of Defense, for military con- Executive Communications: Pages S8478–79 struction, and for defense activities of the Depart- Additional Cosponsors: Pages S8479–80 ment of Energy, to prescribe military personnel Statements on Introduced Bills/Resolutions: strengths for such fiscal year, taking action on the following amendments proposed thereto: Pages S8480–98 Pages S8457–71 Additional Statements: Pages S8475–78 Pending: Amendments Submitted: Pages S8498–S8501 Reid Amendment No. 5290, to change the enact- Adjournment: Senate convened at 9:30 a.m. and ment date. Page S8457 adjourned at 12:34 p.m., until 3 p.m. on Monday, Reid Amendment No. 5291 (to Amendment No. September 15, 2008. (For Senate’s program, see the 5290), of a perfecting nature. Page S8457 remarks of the Acting Majority Leader in today’s Motion to recommit the bill to the Committee on Record on page S8501.) Armed Services with instructions to report back forthwith, with Reid Amendment No. 5292 (to the instructions of the motion to recommit), to change Committee Meetings the enactment date. Page S8457 Reid Amendment No. 5293 (to the instructions of (Committees not listed did not meet) the motion to recommit to the bill), of a perfecting No committee meetings were held. nature. Page S8457

D1079

VerDate Aug 31 2005 02:05 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 5627 E:\CR\FM\D12SE8.REC D12SEPT1 smartinez on PROD1PC64 with DIGEST D1080 CONGRESSIONAL RECORD — DAILY DIGEST September 12, 2008 House of Representatives September 18, Subcommittee on Surface Transportation Chamber Action and Merchant Marine Infrastructure, Safety and Security, The House was not in session today. The House to hold an oversight hearing to examine bus safety, 2:30 is scheduled to meet at 12:30 p.m. on Monday, Sep- p.m., SR–253. tember 15, 2008. Committee on Energy and Natural Resources: September 16, to hold hearings to examine the current state of vehi- cles powered by the electric grid and the prospects for Committee Meetings wider deployment in the near future, 10 a.m., SD–366. FEDERAL GOVERNMENT ROLE—SMALL September 16, Subcommittee on Energy, to hold hear- BUSINESS DISASTER RECOVERY ings to examine recent analyses of the role of speculative Committee on Transportation and Infrastructure: Sub- investment in energy markets, 2:30 p.m., SD–366. Committee on Environment and Public Works: September committee on Economic Development, Public Build- 16, to hold oversight hearings to examine the children’s ings, and Emergency Management held a hearing on health protection efforts of the Environmental Protection the Role of the Federal Government in Small Busi- Agency (EPA), 10 a.m., SD–406. ness Disaster Recovery. Testimony was heard from September 18, Full Committee, to hold oversight hear- Representatives King and Braley, both of Iowa; Her- ings to examine clean-up efforts at Federal facilities, 10 bert Mitchell, Assistant Administrator, Office of a.m., SD–406. Disaster Assistance, SBA; and Marko Bourne, Direc- Committee on Finance: September 16, to hold hearings to tor, Policy and Program Analysis, FEMA, Depart- examine aligning incentives, focusing on the case for de- ment of Homeland Security. livery system reform, 10 a.m., SD–215. Committee on Foreign Relations: September 17, to hold f hearings to examine Russia’s aggression against Georgia, CONGRESSIONAL PROGRAM AHEAD focusing on the consequences and responses, 10 a.m., SD–419. Week of September 15 through September 20, September 18, Full Committee, to hold hearings to ex- 2008 amine the Agreement for Peaceful Nuclear Cooperation with India, 2:30 p.m., SD–419. Senate Chamber Committee on Health, Education, Labor, and Pensions: Sep- On Monday, at approximately 3 p.m., Senate will tember 17, to hold hearings to examine 401(k) plan fee resume consideration of S. 3001, National Defense disclosure, focusing on helping workers save for retire- Authorization Act. ment, 10 a.m., SD–430. On Tuesday, Senate will continue consideration of Committee on Homeland Security and Governmental Affairs: September 17, business meeting to consider S. 3474, to S. 3001, National Defense Authorization Act, and amend title 44, United States Code, to enhance informa- vote on the motion to invoke cloture thereon. tion security of the Federal Government, S. 3384, to During the balance of the week, Senate may con- amend section 11317 of title 40, United States Code, to sider any cleared legislative and executive business. require greater accountability for cost overruns on Federal Senate Committees IT investment projects, H.R. 2631, to strengthen efforts in the Department of Homeland Security to develop nu- (Committee meetings are open unless otherwise indicated) clear forensics capabilities to permit attribution of the Committee on Banking, Housing, and Urban Affairs: Sep- source of nuclear material, H.R. 6098, to amend the tember 16, to hold hearings to examine recent regulatory Homeland Security Act of 2002 to improve the financial actions regarding Fannie Mae and Freddie Mac, 10 a.m., assistance provided to State, local, and tribal governments SD–538. for information sharing activities, H.R. 3815, to amend September 18, Full Committee, to hold hearings to ex- the Homeland Security Act of 2002 to require the Sec- amine recent bank failures and the response of regulators, retary of Homeland Security to make full and efficient 10:30 a.m., SD–538. use of open source information to develop and dissemi- September 18, Full Committee, to hold hearings to ex- nate open source homeland security information products, amine transparency in accounting, proposed changes to S. 3176, to amend the Robert T. Stafford Disaster Relief accounting for off-balance sheet entities, 2:30 p.m., and Emergency Assistance Act to authorize the President SD–538. to provide mental health and substance abuse services, an Committee on Commerce, Science, and Transportation: Sep- original bill to establish a controlled unclassified informa- tember 16, to hold hearings to examine reasons that tion framework, H.R. 6073, to provide that Federal em- broadband Internet access matters, 10 a.m., SR–253. ployees receiving their pay by electronic funds transfer September 17, Full Committee, to hold hearings to ex- shall be given the option of receiving their pay stubs amine pending Corporation for Public Broadcasting electronically, S. 3350, to provide that claims of the nominations, 10:30 a.m., SR–253. United States to certain documents relating to Franklin

VerDate Aug 31 2005 02:05 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D12SE8.REC D12SEPT1 smartinez on PROD1PC64 with DIGEST September 12, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1081

Delano Roosevelt shall be treated as waived and relin- partment of Justice Office of Legal Counsel, 10 a.m., quished in certain circumstances, S. 3477, to amend title SH–216. 44, United States Code, to authorize grants for Presi- Committee on Veterans’ Affairs: September 17, to hold dential Centers of Historical Excellence, H.R. 5975 and hearings to examine the nomination of Patrick W. S. 3317, bills to designate the facility of the United Dunne, of New York, to be Under Secretary for Benefits States Postal Service located at 101 West Main Street in of the Department of Veterans Affairs, 9:30 a.m., Waterville, New York, as the ‘‘Cpl. John P. Sigsbee Post SR–418. Office’’, H.R. 6092, to designate the facility of the Select Committee on Intelligence: September 18, to hold United States Postal Service located at 101 Tallapoosa closed hearings to examine certain intelligence matters, Street in Bremen, Georgia, as the ‘‘Sergeant Paul Saylor 2:30 p.m., SH–219. Post Office Building’’, S. 3309, to designate the facility Special Committee on Aging: September 17, to hold hear- of the United States Postal Service located at 2523 7th ings to examine direct-to-consumer medical device adver- Avenue East in North Saint Paul, Minnesota, as the tising, focusing on marketing and medicine, 10:30 a.m., Mayor William ‘‘Bill’’ Sandberg Post Office Building, SD–562. H.R. 6437, to designate the facility of the United States Postal Service located at 200 North Texas Avenue in House Committees Odessa, Texas, as the ‘‘Corporal Alfred Mac Wilson Post Office’’, and the nominations of Ruth Y. Goldway, of Committee on Appropriations, September 17, Sub- California, to be a Commissioner of the Postal Regulatory committee on Agriculture, Rural Development, Food and Commission, and Carol Waller Pope, of the District of Drug Administration, and Related Agencies, on Food Columbia, and Thomas M. Beck, of Virginia, both to be Safety—FDA, 2 p.m., 2362A Rayburn. a Member of the Federal Labor Relations Authority, 10 September 17, Subcommittee on Financial Services and a.m., SD–342. General Government, on Public, Educational, and Gov- September 18, Subcommittee on Oversight of Govern- ernmental (PEG) Access to Cable Television, 10 a.m., ment Management, the Federal Workforce, and the Dis- 2220 Rayburn. trict of Columbia, to hold hearings to examine the home- Committee on Armed Services, September 16, hearing on land security risks associated with the upcoming presi- Considerations for an American Grand Strategy, 10 a.m., dential transition, the Department of Homeland Secu- 2118 Rayburn. rity’s (DHS) planning for the transition, and what re- September 16, Subcommittee on Oversight and Inves- mains to be done to prepare for the transition, 2 p.m., tigations, hearing on Defeating the Improvised Explosive SD–342. Device (IED) and Other Asymmetric Threats: Today’s Ef- Committee on Indian Affairs: September 18, to hold over- forts and Tomorrow’s Requirements, 1 p.m., 2212 Ray- sight hearings to examine Federal declinations to pros- burn. ecute crimes in Indian country, 9:30 a.m., SD–628. September 18, Subcommittee on Terrorism, Unconven- Committee on the Judiciary: September 16, Subcommittee tional Threats and Capabilities, hearing on Lessons for on the Constitution, to hold hearings to examine restor- Countering al Qa’ida and the Way Ahead, 10 a.m., 2118 ing the rule of law, 10:15 a.m., SH–216. Rayburn. September 17, Full Committee, to hold oversight hear- Committee on the Budget, September 16, hearing on Iraq’s ings to examine the Federal Bureau of Investigation, 9:30 Budget Surplus, 9:30 a.m., 210 Cannon. a.m., SH–216. Committee on Education and Labor, September 17, Sub- September 18, Full Committee, business meeting to committee on Workforce Protections, hearing on the Se- consider S. 3259, to amend title 11, United States Code, cret Rule of the Department of Labor’s Worker Health with respect to the priority of certain high cost credit Risk Assessment Proposal, 10 a.m., 2175 Rayburn. debts, H.R. 3971, to encourage States to report to the Committee on Energy and Commerce, September 16, Sub- Attorney General certain information regarding the committee on Commerce, Trade, and Consumer Protec- deaths of individuals in the custody of law enforcement tion, hearing on H.R. 3402, Calling Card Consumer Pro- agencies, S. Res. 540, recognizing the historical signifi- tection Act, 10 a.m., 2322 Rayburn; and to mark up cance of the sloop-of-war USS Constellation as a reminder H.R. 3232, Travel Promotion Act of 2007; and H.R. of the participation of the United States in the trans- 3402, Calling Card Consumer Protection Act, 3 p.m., atlantic slave trade and of the efforts of the United States 2123 Rayburn. to end the slave trade, the nominations of Clark September 16, Subcommittee on Telecommunications Waddoups, to be United States District Judge for the and the Internet, hearing entitled ‘‘Status of the DTV District of Utah, Michael M. Anello, to be United States Transition: 154 Days and Counting,’’ 9:30 a.m., 2123 District Judge for the Southern District of California, Rayburn. Mary Stenson Scriven, to be United States District Judge September 18, Subcommittee on Health, hearing enti- for the Middle District of Florida, Christine M. Arguello, tled ‘‘America’s Need for Health Reform,’’ 9:30 a.m., to be United States District Judge for the District of Col- 2123 Rayburn. orado, Philip A. Brimmer, to be United States District September 18, Subcommittee on Oversight and Inves- Judge for the District of Colorado, and Gregory G. Garre, tigations, hearing entitled ‘‘Science Under Siege: Sci- of Maryland, to be Solicitor General of the United States, entific Integrity at the Environmental Protection Agen- and the authorization for subpoenas relating to the De- cy,’’ 10 a.m., 2322 Rayburn.

VerDate Aug 31 2005 02:05 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D12SE8.REC D12SEPT1 smartinez on PROD1PC64 with DIGEST D1082 CONGRESSIONAL RECORD — DAILY DIGEST September 12, 2008

Committee on Financial Services, September 16, to con- September 16, Subcommittee on Commercial and Ad- sider the following bills: H.R. 6694, FHA Seller-Fi- ministrative Law, hearing on Bankruptcy Trustee Com- nanced Downpayment Reform and Risk-Based Pricing pensation, 2 p.m., 2141 Rayburn. Authorization Act of 2008; H.R. 6890, Payments System September 18, Subcommittee on Commercial and Ad- Protection Act of 2008; H.R. 3019, Expand and Preserve ministrative Law, hearing on H.R. 5793, Cell Tax Fair- Home Ownership Through Counseling Act; H.R. 6642, ness Act of 2008, 1 p.m., 2141 Rayburn. National Consumer Cooperative Bank Act Amendments September 18, Subcommittee on Crime, Terrorism, and of 2008; and H.R. 6871, Expedited Funds Availability Homeland Security, hearing on the Department of Jus- Dollar Limits Adjustment Act of 2008, 1 p.m., 2128 tice, Office of Justice Programs Oversight, 11:30 a.m., Rayburn. 2237 Rayburn. September 16, Subcommittee on Oversight and Inves- Committee on Natural Resources, September 16, Sub- tigations, hearing entitled: ‘‘HUD’s Proposed RESPA committee on Fisheries, Wildlife and Oceans, oversight Rule.’’ 10 a.m., 2128 Rayburn. hearing on the impacts that U.S. consumer demand is September 17, full Committee, hearing entitled ‘‘Im- having on the illegal and unsustainable trade of wildlife plementation of the Hope for Homeowners Program and products and ongoing and proposed efforts to increase A Review of Foreclosure Mitigation Efforts,’’ 10 a.m., public awareness about these impacts, 10 a.m., 1324 2128 Rayburn. Longworth. September 18, full Committee, hearing entitled ‘‘Auc- September 16, Subcommittee on National Parks, Forest tion Rate Securities Market: A Review of Problems and and Public Lands, oversight hearing on the Pineros: Re- Potential Resolutions,’’ 10 a.m., 2128 Rayburn. viewing the Welfare of Workers on Federal Lands, 10 Committee on Foreign Affairs, September 16, Sub- a.m., 1334 Longworth. committee on the Middle East and South Asia, hearing September 18, full Committee, oversight hearing on on Defeating al Qaeda’s Air Force: Pakistan’s F–16 Pro- Recent Interior Department Inspector General Investiga- gram in the Fight Against Terrorism, 10 a.m., 2172 Ray- tions on Federal Oil and Gas Royalty Collections, 10 burn. a.m., 1324 Longworth. September 16, Subcommittee on the Western Hemi- September 18, Subcommittee on Insular Affairs, over- sphere, hearing on Foreign Assistance in the Americas, sight hearing on the Federal Court Options for American 2:30 p.m., 2172 Rayburn. Samoa, 2 p.m., 1324 Longworth. September 17, Subcommittee on Asia, the Pacific and Committee on Oversight and Government Reform, September The Global Environment, hearing on Exporting Toxic 16, hearing on the Domestic Epidemic is Worse Than Trash: Are We Dumping Our Electronic Waste on Poor- We Thought: A Wake-up Call for HIV Prevention, 10 er Countries?, 2 p.m., 2172 Rayburn. a.m., 2154 Rayburn. September 18, Subcommittee on International Organi- zations, Human Rights, and Oversight, hearing on Fami- September 16, Subcommittee Federal Workforce, Post- lies Torn Apart: Human Rights and U.S., Restrictions on al Service and the District of Columbia, to mark up H.R. Cuban-American Travel, 10 a.m., 2172 Rayburn. 5600, District of Columbia Court, Offender Supervision, Committee on Homeland Security, September 16, Sub- Parole, and Public Defender Employees Equity Act of committee on Emerging Threats, Cybersecurity, and 2008; followed by a hearing on Legislative Branch Diver- Science and Technology, hearing entitled ‘‘Cybersecurity sity Management Review, 2 p.m., 2154 Rayburn. Recommendations for the Next Administration,’’ 2 p.m., September 17, Subcommittee on Information Policy, 311 Cannon. Census and National Archives, hearing on Implementa- September 16, Subcommittee on Emergency Commu- tion of the Office of Government Information Services, 2 nications, Preparedness and Response, hearing entitled p.m., 2154 Rayburn. ‘‘Interoperability in the Next Administration: Assessing September 18, Subcommittee on Domestic Policy, the Derailed 700 MHz D-block Public Safety Spectrum hearing on Gaming the Tax Code: Public Subsidies, Pri- Auction,’’ 10 a.m., 311 Cannon. vate Profits, and Big League Sports in New York, 10 September 17, Subcommittee on Border Maritime and a.m., 2154 Rayburn. Global Counterterrorism, hearing entitled ‘‘Transportation September 18, Subcommittee on National Security and Worker Identification Credential: A Status Update,’’ 10 Foreign Affairs, hearing on Oversight of Airstrikes and a.m., 311 Cannon. Civilian Deaths in Afghanistan, 10 a.m., 2247 Rayburn. September 17, Subcommittee on Management, Inves- Committee on Rules, September 15, to consider H.R. tigations and Oversight, hearing entitled ‘‘Waste, Abuse 6842, National Capital Security and Safety Act, 5 p.m., and Mismanagement: Calculating the Cost of DHS Failed H–313 Capitol. Contracts,’’ 2 p.m., 311 Cannon. Committee on Science and Technology, September 18, Sub- September 18, full Committee, to continue hearings committee on Research and Science Education, hearing on entitled ‘‘Management, Missteps, and Missed Bench- the Role of Social Sciences in Public Health, 10 a.m., marks: Why the Virtual Fence Has Not Become a Re- 2318 Rayburn. ality,’’ 10 a.m., 311 Cannon. Committee on Small Business, September 17, Sub- Committee on the Judiciary, September 16, oversight committee on Finance, and Tax, hearing entitled ‘‘Dis- hearing on the Federal Bureau of Investigation, 10 a.m., aster Savings Accounts: Protections for Small Businesses 2141 Rayburn. During a Disaster,’’ 2 p.m., 1539 Longworth.

VerDate Aug 31 2005 02:05 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D12SE8.REC D12SEPT1 smartinez on PROD1PC64 with DIGEST September 12, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1083

September 18, full Committee, hearing entitled ‘‘Mak- Permanent Select Committee on Intelligence, September 16, ing Health Care Reform Work for Small Business,’’ 10:30 Subcommittee on Technical and Tactical Intelligence, ex- a.m., 1539 Longworth. ecutive, meeting on Subcommittee report, 1:15 p.m., Committee on Transportation and Infrastructure, September H–405 Capitol. 16, hearing on the Effects of Proposed Arrangement Be- September 17, Subcommittee on Intelligence Commu- tween DHL and UPS on Competition, Customer Service, nity Management, executive, on Security Clearance pro- and Employment, 2 p.m., 2167 Rayburn. ceedings, 10 a.m., H–405 Capitol, and a hearing on the September 16, Subcommittee on Coast Guard and Administration progress toward reform of the security Maritime Transportation, hearing on Oil Spill in New clearance process, as set forth by the Intelligence Reform Orleans in July 2008 and Safety on the Inland River Sys- and Terrorism Prevention Act of 2004, 2 p.m., 2253 tem, 10 a.m., 2167 Rayburn. Rayburn. September 17, Subcommittee on Aviation, hearing on September 18, full Committee, executive, hearing on FAA Aircraft Certification: Alleged Regulatory Lapses in Cyber Security, 9 a.m., H–405 Capitol. the Certification and Manufacture of the Eclipse EA–500, September 18, Subcommittee on Oversight and Inves- tigations, executive, to meet on ongoing matters/reports, 10 a.m., 2167 Rayburn. 1 p.m., H–405 Capitol. September 18, Subcommittee on Highways and Tran- September 18, Subcommittee on Terrorism, Human sit, hearing on Transportation Planning, 10 a.m., 2167 Intelligence, Analysis, and Counterintelligence, executive, Rayburn. hearing on Russia, 2:30 p.m., H–405 Capitol. September 18, Subcommittee on Water Resources and Select Committee on Energy Independence and Global Warm- Environment, hearing on Emerging Contaminants in U.S. ing, September 18, hearing entitled ‘‘The Green Road to Waters, 2 p.m., 2167 Rayburn. Economic Recovery,’’ 10 a.m., room to be announced. Committee on Veterans’ Affairs, September 16, Sub- committee on Health, hearing on VA Suicide Hotline, 10 Joint Meetings a.m., 340 Cannon. Joint Economic Committee: September 17, to hold hear- September 18, Subcommittee on Disability Assistance ings to examine the role of Organization for Security and and Memorial Affairs, hearing on Examining the Effec- Cooperation in Europe (OSCE) institutions in advancing tiveness of the Veterans Benefits Administration’s Train- human rights and democracy, 3 p.m., 2325, Rayburn ing, Performance Management and Accountability, 10 Building. a.m., 340 Cannon. Commission on Security and Cooperation in Europe: Sep- Committee on Ways and Means, September 16, Sub- tember 16, to hold hearings to examine the state of de- committee on Social Security, hearing on Clearing the mocracy and human rights in Belarus and how the Disability Backlog, 10 a.m., B–318 Rayburn. Belarusian authorities are complying with their Organiza- September 18, full Committee, to continue hearings on tion for Security and Cooperation in Europe (OSCE) elec- Policy Options to Prevent Climate Change, 10:30 a.m., tion commitments in advance of the September 28 par- 1100 Longworth. liamentary elections, 2:30 p.m., B318, Rayburn Building.

VerDate Aug 31 2005 02:05 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D12SE8.REC D12SEPT1 smartinez on PROD1PC64 with DIGEST D1084 CONGRESSIONAL RECORD — DAILY DIGEST September 12, 2008

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, September 15 12:30 p.m., Monday, September 15

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Monday: To be announced. of S. 3001, National Defense Authorization Act.

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Aug 31 2005 02:05 Sep 13, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0664 Sfmt 0664 E:\CR\FM\D12SE8.REC D12SEPT1 smartinez on PROD1PC64 with DIGEST