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, MONDAY, JUNE 16, 2008 No. 99 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, June 17, 2008, at 12:30 p.m. Senate MONDAY, JUNE 16, 2008

The Senate met at 2 p.m. and was U.S. SENATE, The ACTING PRESIDENT pro tem- called to order by the Honorable JIM PRESIDENT PRO TEMPORE, pore. Without objection, it is so or- WEBB, a Senator from the Common- Washington, DC, June 16, 2008. dered. To the Senate: wealth of Virginia. Under the provisions of rule I, paragraph 3, f of the Standing Rules of the Senate, I hereby PRAYER THE MIDDLE CLASS DREAM appoint the Honorable JIM WEBB, a Senator The Chaplain, Dr. Barry C. Black, of- from the Commonwealth of Virginia, to per- Mr. REID. Mr. President, this Satur- fered the following prayer: form the duties of the Chair. day, Jeff Alberici from Auburn, NY, de- Let us pray. ROBERT C. BYRD, livered the Democratic weekly radio Gracious God, the Rock of Ages, President pro tempore. address. Jeff and his wife aren’t rich; giver of unchanging sources of stability Mr. WEBB thereupon assumed the they aren’t poor. They are squarely in and strength, guide our Senators for chair as Acting President pro tempore. the middle. They are middle class. today’s journey. Infuse them with the f Jeff is a middle school teacher. He hope that will lift them into the light teaches American history. His wife is a RECOGNITION OF THE MAJORITY teacher’s assistant. Jeff said that if and peace of Your presence. Turn their LEADER shadows of doubt into the daybreak of they didn’t have to transport their faith. Defend them from the forces that The ACTING PRESIDENT pro tem- three children to school and sports nourish injustice and from indifference pore. The majority leader is recog- practice, they would probably ride that causes hearts to break. nized. bikes back and forth to work to save May they strive to please You both f gas. Jeff said when his wife returned to in will and deed. Lord, let nothing test SCHEDULE them beyond their strength, for Yours work last year, after staying home Mr. REID. Mr. President, today fol- is the authority and the power forever. with their children, they thought the lowing leader remarks, there will be an Amen. second income would give them a hour of morning business, with Sen- chance to pay off their debt and start f ators permitted to speak for up to 10 saving for college. But that hasn’t hap- PLEDGE OF ALLEGIANCE minutes each. Following morning busi- pened. Instead of getting ahead, the The Honorable JIM WEBB led the ness, the Senate will resume consider- Alberici family’s second income is cov- Pledge of Allegiance, as follows: ation of the motion to proceed to H.R. ering the cost of food, and especially I pledge allegiance to the Flag of the 6049, the Renewable Energy and Job gasoline. United States of America, and to the Repub- Creation Act, with the time until 5:30 Jeff summed up things by saying lic for which it stands, one nation under God, equally divided and controlled between that they will be fine. They are not in indivisible, with liberty and justice for all. the two leaders or their designees. danger of losing their home, and they f Under a previous order, the leaders will both have good steady jobs. They are control the final 20 minutes, with the not at risk. But instead of ordering APPOINTMENT OF ACTING majority leader controlling the final 10 pizza for an occasional dinner with the PRESIDENT PRO TEMPORE minutes. kids, now they have to eat grilled The PRESIDING OFFICER. The ORDER OF PROCEDURE cheese on those occasions. And in the clerk will please read a communication Mr. President, I ask unanimous con- long term, they are not sure how they to the Senate from the President pro sent that Senator GRASSLEY control will be able to afford to send their chil- tempore (Mr. BYRD). the time between 4:50 and 5 and Sen- dren to college because they have basi- The assistant legislative clerk read ator BAUCUS control the time between cally not saved anything up to this the following letter: 5 and 5:10. date.

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

S5639

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VerDate Aug 31 2005 23:59 Jun 16, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.000 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5640 CONGRESSIONAL RECORD — SENATE June 16, 2008 Families in every State, region, and tunity to do the right thing by voting Had we had Senator KENNEDY back— corner of our country are facing the for cloture on the energy tax extenders and he soon will be back, and a few same challenges as the Albericis. Jeff bill. This legislation would lower taxes other Senators—we would have been and others like him were raised to be- for businesses, entrepreneurs, and fam- able to have 60 votes. So I am glad to lieve that doing important work, such ilies. The deduction for State and local see that my friends on the other side, as being a schoolteacher, wouldn’t sales taxes helps level the playing field even though not enough, are coming make you rich but it would provide and provides tax relief to residents in forward and voting with us. We hope enough to live comfortably and raise a States with no income tax. The tuition there will be more of that in the fu- family. The middle-class dream—that deduction helps families afford the ture. American dream—is vanishing before skyrocketing cost of college. The f our eyes. teachers’ deduction provides a small RECOGNITION OF THE MINORITY Today, oil is trading near record lev- but important bit of help and apprecia- LEADER els again. It is up around $140 a barrel. tion to educators for out-of-pocket Gasoline now averages $4.08 a gallon classroom expenses. The ACTING PRESIDENT pro tem- nationally, and in Nevada it is $4.24 a This legislation would also extend pore. The Republican leader is recog- gallon. This morning, we learned that tax benefits for businesses, particularly nized. utility companies across the country those engaged in research and develop- f are raising rates another 29 percent on ment for clean renewable energy, tax TRIBUTE TO TIM RUSSERT top of the 30-percent increases Amer- credits, Mr. President, for clean renew- Mr. MCCONNELL. Mr. President, as ican consumers have already endured able energy. Today we are going to use Washington, and all of America, con- over the past 5 years. 21 million barrels of oil. That is not tinue to pay tribute to Tim Russert, I On President Bush’s watch, American necessary. We could change that. We wish to add a few more words about a families are earning less today than need to allow the great business minds man who impacted everybody in this they did 8 years ago—and that is the of America to invest in renewable en- body in one way or another over the truth—yet paying more than ever for ergy—the Sun, the wind, geothermal. years. everyday necessities, such as gasoline, That is what this vote at 5:30 today is I have been a fairly regular guest on heat for the home, and of course gro- all about. ‘‘Meet the Press’’ over the years, so I ceries. And they are paying more than Republicans have opposed this legis- got to know Tim Russert primarily as ever for long-term needs, such as the lation in the past because it is paid for a tough interviewer, but I also came to goal of health care, college, and retire- and will not increase the national debt. appreciate and admire his extraor- ment. American families can’t survive How do we pay for these tax cuts for dinary people skills, which were as this squeeze indefinitely. businesses and families? By closing a good as those of any politician here in Right now, many are able to keep loophole that allows superwealthy Washington. their heads above water by saving less, hedge fund managers to avoid paying I remember him saying once that his and sometimes not saving, and finding tax on their earnings. son Luke was a big fan of Tubby other ways to tighten their belts. Like This is unique, that the Republicans Smith, the old UK Wildcats basketball the Albericis, they are eating more would oppose this. The hedge fund op- coach. I think Luke even went to Tub- grilled cheese and putting less of their erators even know it is unfair and they by’s basketball camp one summer. paychecks into savings. support us on this. Why anyone opposes Well, anytime I or anybody else on the Most Americans are too busy fig- legislation on these grounds is beyond staff got on the phone with Tim, he uring out how to pay the bills and the ability of the American people to would also start off with ‘‘Go Cats.’’ It make ends meet to pay close attention comprehend. Why Republicans would is just one example of the great mind to what is going on here in Congress. oppose tax relief for businesses and he had for small personal details and But if working families see one thing families in order to protect a tax loop- how he employed that skill in a totally from Congress, it is this: Democrats hole for multimillionaires seems pre- unpretentious way. get it. That is what Jeff said in his posterous. And keep in mind, even the He also knew I was a Louisville Car- radio address. We know what is hap- hedge fund operators, I repeat, believe dinal basketball fan, and he invariably pening in America, and we are fighting it would be fair to do what we seek. would turn the subject to Rick Patino every single day to make things better. Republicans have the right to side and his considerable skills, and that is Republicans? They talk about our with hedge fund multimillionaires over a way in which he kind of related to ev- country’s problems, but when the time small businesses and families. They erybody. comes to stand up and take action, have already done so by blocking the Bill Kristol was getting at the same they are nowhere to be found. Repub- tax extenders bill twice this year. Now thing in his column this morning, in licans talk about high gas prices, alter- they have a third chance to reverse which he related a story that has been native energy, the housing crisis, and course and support this legislation. around this town for a while. The story job loss, but each time there has been Maybe this week enough Republicans goes that when Pat Moynihan was try- a proposed solution to those chal- will see the suffering in their States ing to convince Tim to come down to lenges, Republicans have said no. and break with the President and Re- the Capitol to be his Chief of Staff, Our Republican colleagues fill end- publican Senate leaders to do the right Tim didn’t want to come because Moy- less pages of the CONGRESSIONAL thing. Maybe this is the time enough nihan’s office was all Ph.Ds and intel- RECORD with speeches about the afford- Republicans will say enough is enough. lectuals. He didn’t think he would fit ability crisis in America that a Repub- I know our Republican colleagues see in. Moynihan said: lican President created and the Repub- the terrible economic burden the Tim, the things they know you can learn. lican nominee, JOHN MCCAIN, hopes to American people are carrying. The But the things you know they can never continue, but the American people only question is, will they let it con- learn. need more than empty words. tinue or join us in doing something So as Tim Russert rose to the height Republicans can choose to keep about it? For all the Republicans sit- of his profession, it became clear Pat standing on the sidelines, or keep ting on the fence, and there are some Moynihan was right on target. sticking with the status quo, which seeing how bad things have gotten but I found it particularly moving to see they have done now for the entire year still not ready to stand up to the Re- Luke paying tribute to his father on and a half we have been in the major- publican Party, I ask: If not now, television this morning. As Tim often ity. They have that right. But Demo- when? Democrats stand ready to legis- said, being a good father was the job he crats will keep fighting to make the late. Join us and we can begin repair- put the most stock in, and it appears American dream affordable again for ing the damage and restoring the he has done a superb job in that respect the Albericis of Auburn, NY, and the American Dream. as well. millions of American families like I acknowledge that on the Medicare TAX EXTENDERS BILL them who deserve better. Today we fix we tried to do last week, we got Today the Senate will vote on wheth- will give Republicans another oppor- nine Republicans who supported us. er to proceed to the House-passed tax

VerDate Aug 31 2005 23:59 Jun 16, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.001 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5641 extenders bill. Republicans support the able to both sides and which actually Among the areas suffering flood dam- provisions being extended in this legis- has a chance of being signed into law. age was the southeastern corner of my lation. That is why I, along with sev- I yield the floor. state of Minnesota. Three major rivers eral of my colleagues, introduced an f in the area—the Root, the Cedar and even stronger version of the House bill, the Zumbro—all flooded. RESERVATION OF LEADER TIME one that contains even longer exten- Four Minnesota counties were de- sions of the expired provisions, pro- The ACTING PRESIDENT pro tem- clared State disaster areas—Freeborn, vides AMT relief excluded from the pore. Under the previous order, the Mower, Fillmore and Houston counties. House bill, and does both in a form leadership time is reserved. This includes areas that have already that would avoid a veto; that is, of f suffered extensive flood damage in the course, without raising taxes. MORNING BUSINESS past year—both with the devastating The tax provisions in question are an floods in August last year as well as enormous help to millions of Ameri- The ACTING PRESIDENT pro tem- floods earlier this spring. cans, and a long-term extension would pore. Under the previous order, the As you can see from this aerial pho- provide the added comfort of predict- Senate will proceed to a period of tograph of Austin, MN, taken last ability into the family budget and the morning business for up to 1 hour with week, flood, water poured across big small business balance sheet in the Senators permitted to speak for up to sections of the city, flooding not just midst of a difficult economic time. 10 minutes each. streets, but highways and freeway Republicans have been firm on this The Senator from Minnesota is rec- ramps. point, which is why I read with some ognized. This weekend, I spoke with the may- amusement a letter which was sent to f ors of Austin, Rochester and me on Friday by my friend the major- ORDER OF PROCEDURE Lanesboro. Later in the week, I plan to ity leader, extolling the virtues of the Ms. KLOBUCHAR. Mr. President, I visit the area and meet with local lead- House bill. As I said, Republicans truly ask unanimous consent that when I ers and residents. After the floods last agree that the expired provisions cer- August, I traveled to the area several finish my remarks Senator HARKIN and tainly merit extension. This is not a times to survey the damage and work Senator GRASSLEY follow me. State secret. Our point of departure, The ACTING PRESIDENT pro tem- with local and State leaders to obtain the principle we have insisted on, is pore. Without objection, it is so or- Federal aid and assistance. My family this: Short-term tax extensions should dered. and I even spent a weekend in the area. not be the occasion for permanent tax I know these communities are increases. If a new tax policy is being f strong—just as you will see with the created, that is one thing. But if cur- MIDWEST FLOODING State of Iowa, which State has been hit rent taxes are simply being extended, Ms. KLOBUCHAR. Mr. President, I even harder, and they will make it those extensions should not be accom- rise to offer my thoughts and prayers through this latest disaster. panied by new tax increases. To do so to the people and communities Last week’s flooding resulted in the would be to transform the annual rit- throughout the Midwest who were hurt death of one Minnesota man, Dale ual of extending current tax law into a by last week’s massive floods. Wangen, of rural Albert Lea. He was stealth exercise in increasing the size It appears that the floodwaters have driving home in the dark, rainy night of Government. begun to recede. But the long, hard and suddenly his car plunged into the Unfortunately, the House Democratic process of cleaning up and rebuilding rushing flood waters because the road leadership seems to have dug in, saying lies ahead. was washed away. it will not pass an extenders bill with- In particular, I offer sympathy and Emergency responders found him out tax hikes. This brings us to an im- support to my colleagues TOM HARKIN only because another car came along passe for no good reason. First of all, it and CHARLES GRASSLEY, the Senators and also plunged into the water. That strikes me as odd that the House from Iowa, whose governor has de- driver was able to get out. But he told Democratic leadership would single out clared 83 of the State’s 99 counties to rescuers that his car had crashed on these particular tax extenders for a be disaster areas. top of another car. fight on offsets. They didn’t need off- Worst hit was the city of Cedar Rap- Austin, MN, is home to Hormel sets on the stimulus bill earlier this ids, IA. Foods, a Fortune 500 company. They year. AMT relief will apparently not Over 9 square miles—or 1,300 blocks— had to close their corporate offices be- require offsets this year. House leaders were flooded in the city and 25,000 peo- cause of the flood. have signaled that a new GI benefits ple had to be evacuated from their Here is a second photograph of Aus- expansion would not require offsets. homes. Preliminary estimates indicate tin, also taken last week. You can see And just last week, the House passed over $700 million in damage. This is in that it was not just a few wet base- an unemployment insurance expansion Cedar Rapids alone. ments. Some neighborhoods were flood- bill that did not have offsets. In Cedar Rapids, it is being called not ed practically up to the treetops and It is entirely possible that the Demo- the flood of the century—but the flood had to be evacuated. cratic leadership is open to com- of the half-millennium—an event that Fortunately, Austin was spared even promise. Recall that during last year’s should occur only once in 500 years. worse damage because—ever since a AMT debate, House leaders also in- In fact, rescue workers from Min- major flood 30 years ago—they have sisted on offsets. On December 18, just nesota have been deployed to Iowa to been implementing a comprehensive last year, House Democrats were say- help the victims of the flooding there. flood mitigation plan, including the ing they would not consider AMT relief While the residents and businesses of purchase of more than 250 homes in unless it included tax hikes elsewhere. Cedar Rapids were hit the hardest, flood-prone areas. Then the following day, September 19, they were hardly alone. Heavy rainfall Nonetheless, the three worst floods they passed an AMT bill without tax last week submerged much of the Mid- in Austin’s history have all occurred hikes by a vote of 352 to 64. After all west—Wisconsin, Illinois, Indiana, since the year 2000—with the worst in the press releases and letters had been Kansas, and my own State of Min- 2004. issued, our friends on the other side sat nesota. As one resident of Austin put it: ‘‘It down with Republicans and did some- Throughout the Midwest, corn and seems like we’re getting a ‘hundred- thing we should do a lot more of soybean fields turned into lakes. City year flood’ every 3 or 4 years.’’ around here: they negotiated. streets turned into canals. It’s like While the most attention is given to So notwithstanding the letter I re- Waterworld. There is water nearly ev- cities and towns damaged by the ceived on Friday from my good friend, erywhere. And where there isn’t water, floods, the countryside has not been the majority leader, I am hopeful we there is mud. Lots of mud. spared, either. can do the same thing on this tax ex- In terms of physical devastation, Houston County, at the far south- tenders bill—sit down together and some are calling these floods ‘‘the eastern tip of Minnesota, is a rural come up with a solution that is accept- Katrina of the Midwest.’’ area with a total population of just

VerDate Aug 31 2005 01:35 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.002 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5642 CONGRESSIONAL RECORD — SENATE June 16, 2008 20,000. Preliminary estimates indicate ters. It is the sight of people joining to- very same street on which Senator that Houston County alone has suf- gether to help and care for others in HARKIN has his office. My office in fered close to $7 million in infrastruc- need. Even with all the devastation, Cedar Rapids was in the Federal Build- ture damage and $15 million in crop disasters like these still bring out the ing. The Federal Building is just damage. very best in the human spirit. Not just across, right there. So it is shut down, Heavy spring rains had already de- neighbors helping neighbors, but obviously. I just want to make some layed the planting of crops. Now, there strangers helping strangers. remarks about the situation in Iowa are acres and acres of young corn and Disasters can take away lives; they and then turn the floor over to Senator soybean plants that are under water. can destroy homes; and they can wipe HARKIN. The work that Senator HARKIN has away roads and bridges. But, in Amer- We come to the floor to share with done as Chair of the Agriculture Com- ica, we won’t let them take away our our colleagues and the American peo- mittee is making sure that we give per- spirit of community. ple the stories of more natural disas- manent disaster relief is so important. With the appropriate State and Fed- ters to hit Iowa. In my case, less than These floods are one example. eral support, I am confident that the 2 weeks ago I came to this very spot to We will not know the full extent of flood-damaged communities of the honor the victims and to hail the he- the damage until the harvest this fall. Midwest will thrive once again. With roes from a deadly tornado that ripped But the end result could be billions of leaders like Senator HARKIN and Sen- through my home county, Butler Coun- dollars in crop losses. ator GRASSLEY, I am confident Iowa ty, IA. In a little more than a week, At a time like this, local commu- will thrive once again. Mother Nature has ripped open a heal- nities should not be expected to fend I think about the epic flood that oc- ing wound. for themselves. The Federal Govern- curred 11 years ago on the Red River As many people can see on television, ment has an essential role to support bordering Minnesota and North Da- Iowans are seeing record floods communities as they recover and re- kota. throughout the central and eastern The waters inundated downtown build. part of our State. I can tell you that In these circumstances, the Federal Grand Forks in North Dakota and East television hardly does justice to this Grand Forks in Minnesota—60,000 peo- Emergency Management Agency— historic devastation. Iowa braced for a ple had to evacuate; 900 lost their FEMA—must be a lifeline to help these repeat of 1993, but it didn’t happen. In- homes; and 11 downtown buildings were communities both survive and come stead, Iowans are facing head on a 500- destroyed. year flood; more than 38,000 people back. But with the hard work of Senators FEMA is the primary coordinator of have been evacuated from communities DORGAN and CONRAD and officials all Federal responses to this national throughout North Dakota and Min- across eastern and central Iowa. Rivers have overtaken several com- tragedy, from first making sure that nesota, it is amazing to visit those munities, and I cannot name all of the people are safe and secure, to then communities today and see how they communities, but I think of Mason making sure that those people are have rebuilt and moved forward. made whole again, to finally making I hear that officials from Grand City, Waverly, New Hartford, Waterloo, sure that their infrastructure is rebuilt Forks have already reached out and and Cedar Falls. And then Mother Na- and made stronger, so that such disas- talked with their counterparts in Cedar ture took her toll on Cedar Rapids, ters do not happen again. We saw this Rapids, IA—giving them advice on ev- downstream from Waterloo and Cedar in flooding last year in Southeastern erything from legal issues to how to re- Falls, and hit Coralville and eventually Minnesota, where whole communities build. Iowa City. In fact, that is two separate were washed out. We went through That, too, is the spirit of America. rivers doing this damaging situation. these three steps so those communities We know we will be able get through Des Moines and Columbus Junction are beginning to thrive again. this disaster because we know we will and Vinton have seen the full power of The Small Business Administration work together and provide support to the raging river as well. Unfortunately, plays a key role in recovery activities, one another. there are more communities that have providing vital assistance to local busi- I see Senator HARKIN and Senator already seen the force of these waters nesses that have suffered economic GRASSLEY are coming to the Senate and many more being hit downstream. losses. floor. Again, we pledge from the State Like 2 weeks ago when tornadoes hit While we did not need it, the floods of Minnesota to do everything we can Butler County, Iowa has been the re- provide justification for the first-ever to help them. Their damage was so cipient of an outpouring of support permanent program of disaster assist- much more extensive than ours. But we from around the country. Homeland ance for farmers, which we just passed know with fine leaders like these, they Security Secretary Chertoff in western as part of our farm bill. will help their State get through this. Iowa with Governor Culver and FEMA In my state of Minnesota, it has been I know we are sending emergency Administrator Paulison were both in a tough 2 years when it comes to disas- workers from Minnesota at this very our State to tour the rising waters, and ters. minute. Administrator Paulison did that with Last spring, we had the Ham Lake I yield the floor. Governor Culver, Senator HARKIN, and fire that burned 76,000 acres in north- The ACTING PRESIDENT pro tem- this Senator. It is my understanding ern Minnesota. pore. The senior Senator from Iowa is that later on this week, President Bush On August 1 last year, we had the recognized. will come to Iowa. And when it is all collapse of the Interstate 35W bridge in Mr. GRASSLEY. Mr. President, I am said and done, there are no better the heart of our Twin Cities metropoli- proud to be here with Senator HARKIN. friends to these communities than tan area, killing 13 people and injuring But I am not proud to be here because their own local emergency manage- over one hundred. of the situation that we described to ment people, the local police and the Later in August, we had the dev- you, which is the flooding in our State local fire and the Iowa National Guard astating floods in southeastern Min- of Iowa. I am going to show some pic- members. These people have been on nesota that cost six lives and caused tures. Senator HARKIN has some pic- the front line. They are analyzing each tens of millions of dollars in damage. tures. I am not going to refer specifi- movement of water, watching bridges, Less than a month ago, on the Sun- cally to the pictures during my re- water treatment plants, and ensuring day evening before Memorial Day, the marks, but I think you can see from the safety of every community mem- small community of Hugo was hit by a the New York Times, downtown Cedar ber. fierce tornado. It killed a 2-year-old Rapids, IA—City Hall here on an island Most importantly, though, are those boy, Nathaniel Prindle, and seriously between the rivers, kind of in the cita- who are working together just to help injured his 4-year-old sister, Annika. del of Cedar Rapids, and water has a neighbor or a friend. Citizens by the Fifty homes were completely destroyed never been that high before. This is thousands are filling sandbags, pris- and another 250 were damaged. truly a 100-year flood. oners from local jails are helping with But there is one special thing we Then we have another picture here of sandbagging efforts, and volunteers for have seen with each one of these disas- Cedar Rapids. It happens to be on the the Salvation Army and the Red Cross

VerDate Aug 31 2005 01:35 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.002 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5643 and most of the local churches—all of here to help, as well as the Congress- Nashua, Waverly—all places hard hit the local churches, I am sure—are seen men in the other body. We are meeting by this flood. I need not tell Senators— throughout the flooded areas offering regularly to discuss what we can do at I know you have all watched it unfold food, water, and shelter. the Federal level. Our staffs are meet- on television, on CNN and everything Senator HARKIN and I toured several ing and talking several times daily to else—as to the devastation in our communities Friday, as I indicated, coordinate work. I am confident that State. Every newspaper is covering it with Administrator Paulison, the when it is over, we will see the resil- on the front pages, whether it is the Small Business Administration, and iency of Iowans come through, and we New York Times, the Los Angeles Governor Culver, who is on the job will all look to each other and our re- Times, the Chicago Tribune or Atlanta every minute of the day. We did that built communities and say, as we said: or wherever you are. on Friday. Of course, Governor Culver It was sad at the time, but we can do Iowa is experiencing flooding of al- is doing it every day. On Saturday, it. I think we will say it has been a job most Biblical proportions. Nine rivers Senator HARKIN and I surveyed other well done. are at flood stage, 83 of our 99 counties areas. On Friday, we happened to visit Mr. President, before I yield the have been declared disaster areas by Des Moines, Waterloo, Cedar Rapids, floor, I would be remiss if I did not pay Governor Culver, and 54 roads and Iowa City, back to Des Moines. Look- deep respect to the four Boy Scouts highways have been closed. Interstate ing down, you could hardly see a dry who lost their lives and also to those 80, the major east-west thoroughfare of piece of land between any of those cit- who heroically and bravely helped oth- our Nation, is closed and has been ies. Houses, businesses, and crops alike ers hurt during another act of Mother since—well, I think since Friday, ei- are all underwater. When I say crops Nature in western Iowa on Thursday. ther Thursday or Friday. In Iowa, are underwater, I have to say that in Funeral services are being held today Interstate 80 is closed. Interstate 380, some areas, whole fields, but there is for 14-year-old Aaron Eilerts of Eagle north-south, is closed, not to mention not a field we flew over that did not Grove, who was killed by a tornado at a lot of our smaller roads and highways have some ponding and some loss of a Little Sioux Scout Ranch. The other in Iowa, making it very difficult for part of it at least. So crops are defi- three were from Nebraska and I believe people to even get around. nitely hurt. Then on Saturday, Senator from Omaha. But whether you are from As Senator GRASSLEY said, last Fri- HARKIN and I went to Mason City, Omaha or Iowa, being a Boy Scout day we were accompanied by FEMA Charles City, Nashua, and Waverly, and leader and having this tornado happen Administrator Paulison and Governor then I had an opportunity to go to my and losing the life of a future leader of Culver, OMB Director Nussle, a former downtown of New Hartford, where all America is a sadness, whether you are Iowan. Mr. Paulison said the flooding but 2 or 3 homes out of 250 had water in from Nebraska or Iowa. Boy Scouts are was some of the worst to hit the United them. It is devastating. There is hurt often called upon to serve as leaders of States since Hurricane Katrina everywhere. There is devastation that I our Nation in all walks of life. We lost slammed into the gulf coast. I would never dreamt of. I suppose if we could four promising leaders far too pre- simply add that the cresting Cedar remember 15 years back, Des Moines, maturely and painfully, adding to the River raging through downtown Cedar yes, maybe. I ought to say that I never already existing hurt many in Iowa are Rapids is as bad as what Americans dreamt of it. I guess I never dreamt feeling. saw in Katrina in New Orleans in 2005. from that time that it would happen Before I yield the floor, I thank Sen- You have to witness it with your own again to the extent it did in 1993. ator HARKIN for being able to work eyes to appreciate the breadth and the We were encouraged as we traveled closely with him, being able to travel intensity of this devastation. It is very by the sandbaggers and their endless together and see this situation. I wish humbling when you meet with so many amount of resiliency to get the job we did not have to be working together people who have been so affected by done. But in the next moment, we felt on this project because it is sad but one this, lost their homes, several lives the hurt of those staying in shelters that makes you proud of Iowans as lost. Thank God we kept it to a min- who had lost everything. As you talked well. We will continue to work to- imum—but losing all of their homes, to them, they obviously showed sorrow gether to see our way through it. things they have built all their life. Do through their tears and, of course, the I yield the floor. you know what is really sad? Homes effort of maybe a life of work gone The ACTING PRESIDENT pro tem- can be repaired. You can rebuild a down the drain. Yet, through it all, pore. The Senator from Iowa. house, you can do things again. It is so Iowans are coming together and pull- Mr. HARKIN. Mr. President, first let many of the personal effects people ing through as only Iowans can as the me thank my senior colleague Senator lost. Because they had to leave in such water begins to recede in part of the GRASSLEY for his many kindnesses and a hurry because of the rising waters, area we entered. But do not forget that for working and coordinating this as they were not able to take a lot of in the days to come, downstream, as we did the other day. Our staffs are their personal effects: mementos, pic- you move toward the Mississippi River, working very closely together to do ev- tures, albums, birth certificates—all other people are going to go through erything we can to ensure that the re- kinds of things like these that are the what we saw. But as the water begins covery we have to do now is swift and summation of your life, in many cases, to recede, people are attempting to get thorough and that we do everything we gone, and those are irreplaceable. It is back into their homes. It is obviously can to assist the many volunteers in shocking, the devastation. Tens of frustrating. It is obviously discour- Iowa who have come forward to help. thousands have been displaced, 25,000 aging. Besides the home itself, prob- We toured a lot together late last people in Cedar Rapids alone. ably meaning a lot more to other peo- week. I am sure we will be doing more This again, as Senator GRASSLEY ple are pictures of loved ones, ruined this week to make sure that we are up pointed to one chart, is another view of heirlooms handed down from grand- to speed, that we know what is hap- the Cedar River here, Alliant Energy parents that you see floating even on pening, that we have a firm grip on the here. I will show you another picture the second floor. different agencies that have to come to shortly. The downtown area is over Just as we did in 1993, and more re- Iowa for this tremendous cleanup here. This is city hall. As you can see, cently, the people of Parkersburg, New effort. it is totally inundated. Of course, Hartford, Hazelton, and Dunkerton I wanted to join with my colleague power is off and everything. This is have moved forward and begun to re- Senator GRASSLEY in giving a little bit sort of the downtown area. build. So will the people of the rest of of a report on the events unfolding in Then I think that I have one here— the State of Iowa go forward to rebuild. my State of Iowa. Senator GRASSLEY yes. This is a picture I took myself. I It is going to take time. It is going to has covered them, but I might add of took this with a digital camera flying be weeks in some cases. In some cases, couple of things. over it on Friday. That was city hall it is going to be years to rebuild and As he said, last week we toured a you saw in the previous picture. But get back to where people were. number of cities: Waterloo and Cedar you get some idea of the devastation of I am confident that we will get Falls and Cedar Rapids, Iowa City, Des downtown. For example, the picture through this. Senator HARKIN and I are Moines, Mason City, Charles City, Senator GRASSLEY showed is right

VerDate Aug 31 2005 01:40 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.005 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5644 CONGRESSIONAL RECORD — SENATE June 16, 2008 down here. My Senate office is in this look and see—and you look over the of flooding. This level of flooding has building here; of course, totally inac- countryside of Iowa, I do not know that never happened in Cedar Rapids. cessible, everything is shut down. So I saw one field that was not affected Across eastern Iowa, flooding rivers you can begin to get an idea of the with ponding and water. Because the have washed out railroad lines. Mis- magnitude of it. corn had only come up maybe a couple sissippi barge traffic has come to a Right over here is the Quaker Oats of inches, the water has covered it and halt. It closed major roadways. As I plant. I am sorry, I cut it off. This is it is dead. It is gone. said, Interstate 80 is still closed. the Quaker Oats plant. This is the larg- So we do not know the extent of this Thousands of Iowa businesses, large est grain milling facility in the world, damage, but the Iowa Farm Bureau es- and small, have been impacted. John and it is shut down, underwater. timates that as much as 16 percent of Deere had to evacuate two of its plants Now you begin to see some of the Iowa’s 25 million acres are currently in Waterloo. I mentioned the Quaker other neighborhoods here and how they under water. Now, I have to tell you, Oats plant, as shown here on the map, are impacted also. I wanted to see how just from my own eyeball, looking at it in Cedar Rapids. It is the largest grain many blocks it was. This is a typical while flying over it over 2 days, I think processing plant in the world. It was part of Cedar Rapids that is flooded. it is higher than that. flooded and left idle. You can see what a block would be Again I say, we see nature at its In Cedar Rapids, 400 city blocks are like. You know, I cannot even tell the worst, but we see people at their best. submerged, as shown right there on the streets here, but I assume this would With the sheer number of volunteers map. That is valued at close to $750 be a street, this would be a street, and filling sandbags and helping out in million. Early estimates of damage to this would be a street, so that would be other ways, thousands have partici- Iowa’s agricultural economy, I can tell a block. So you have about—maybe pated. We were in Iowa City, and they you right now, will exceed over $1 bil- you have six or eight blocks here. were sandbagging up the library. You lion. That is just agriculture. There are 400 blocks like this that are had little kids—9-, 10-year-old kids, Well, Iowans are a resilient and re- underwater in Cedar Rapids—400. I did maybe some younger—holding these sourceful people. But, as with the gulf not have a camera big enough, did not plastic funnels so they could get the coast in the wake of Katrina, we are have a lens big enough to cover it all, right amount of sand into the sand- going to need generous Federal assist- but 400 city blocks are inundated like bags. Then they had these lines set up ance to help us get back on our feet. that. with students and everything. The destruction is so vast that it is In Iowa City, much of the University I saw the same thing in Des Moines: simply beyond the capacity of local of Iowa has been inundated. Students, sandbaggers sandbagging 24 hours a governments and the Iowa State gov- faculty, staff—we were there watching day. More people showed up than they ernment to handle it by themselves. them sandbag. Students were working, could actually use to work. Now, keep in mind, when we talk moving books from the library, art- There is no doubt, I am told by the about the big cities, there are so many work from the university’s gallery. mayor of Cedar Falls, Mayor Crews, small towns and communities out Also, it is not just our largest cities. that the effort of volunteers at Cedar there that have been hit hard that need We talk about Cedar Rapids, Waterloo, Falls—that is right across the river help and jobs that need to be rebuilt. It Des Moines, and Iowa City, but there from Waterloo—that the thousands of is not just Iowa. We have Illinois, Mis- are other smaller towns and commu- sandbags—tens of thousands—that souri, Wisconsin, Indiana, Ohio, Kan- nities we visited. Senator GRASSLEY were filled and reinforced the levee sas, and Minnesota. They have all been and I were in Charles City and Wa- saved the downtown area of Cedar hard hit by flooding and tornadoes. verly. Each have more than 500 homes Falls. I believe the hardest hit States will inundated with floodwaters. We were So everywhere Senator GRASSLEY need to have the local matching funds told on Saturday one in every four resi- and I went last week, we witnessed for FEMA assistance, which is nor- dents of Waverly—one in every four Iowans giving their all to help their mally 25 percent, they are going to residents—is affected by this situation, neighbors. I would be remiss if I did not have to be reduced as much as possible. and their houses are flooded. mention the Iowa National Guard. I hope we can work with the adminis- We went through the downtown area Thank God for the Iowa National trator and with President Bush to get of Waverly on Saturday—not a busi- Guard. I am glad they are here. They that down as much as possible. ness was open. Now, thankfully, the have been deployed a lot in Afghani- The Iowa delegation—on a bipar- waters have receded because it is up stan and Iraq, but it is nice to know tisan, bicameral basis—is preparing a north and the water is headed south. they are home now. They were there to letter right now asking the President The waters have receded, but they do help. Over 2,500 members were mobi- for this relief. There is no conceivable not have power yet. They have all the lized. General Dardis, the head of our way that a State with the devastation mud and the dirt and the debris to Iowa National Guard, has done a su- on the scale that Senator GRASSLEY clean up. perb job. and I witnessed this weekend can come Elkader had 60 homes and 30 busi- Everywhere you go you see these Na- up with a 25-percent match in order to nesses destroyed when the Turkey tional Guard people out there working. trigger the customary FEMA assist- River went over the levee. The They are working, they are organizing, ance. Anamosa sewage treatment plant they are taking leadership positions. Now, beyond that, we are going to failed at two different points because They are doing everything from filling need to move quickly in addressing the levee broke. The list goes on and sandbags to working the levees, help- weaknesses in our flood control sys- on. ing people out of their homes, doing a tems and some other mitigation needs I had to duck out for a minute when magnificent job. so businesses and homes can be safely my colleague was talking, but Senator Again, I see these National Guard repaired. GRASSLEY’s hometown of New Hart- kids out there. I don’t know when they The full 15 percent in FEMA disaster ford—you feel so sorry for them. They ever sleep. It is like 24 hours a day they mitigation assistance, as authorized were hit by this tornado a couple just keep going. back in 1993, should be provided. It may weeks ago, and a couple people lost Well, I guess if there is any good very well make more sense for the their lives. It did not hit the town news, it is that in Iowa City the water State to buy homes that have been squarely, but it nicked it and took crested yesterday. But, again, when I flooded so we can avoid having them some houses out on the north side of talk about ‘‘over flood stage,’’ usually flooded again in the future, with those town. But then New Hartford got flood- when you talk about something being repairs again paid for with Federal ed, and they had to evacuate the town over flood stage, you are talking about flood insurance and other Federal as- because of the flood. it being a few inches over. Get this: In sistance. Such homes can be purchased If you fly over Iowa—and, of course, Cedar Rapids the old record was 20 feet and then permanently converted to being chairman of the Agriculture set in 1929. On Friday, the river crested parkland or other uses that will not Committee and being associated with at 32 feet—almost 12 feet higher than need very costly repairs after future agriculture all my life, I wanted to any time ever. We never had this level floods.

VerDate Aug 31 2005 23:59 Jun 16, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.007 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5645 I might add, we had devastating badly. Some of them are still in crit- minor—in comparison to what people floods in Iowa in 1993. We did some of ical condition. all across the Midwest are facing. We this mitigation. Because some of those So we are praying for their recovery, have seen this before. I was hoping and homes were removed—in fact, I think their full recovery. But you listen to praying we wouldn’t see it again for a there is one town where basically the the stories that came out of that Boy long time, but our colleagues from whole town was moved to higher Scout camp, and you see what a good Iowa and Minnesota and others have ground. And guess what. They did not thing Boy Scouts is and the leadership spoken on the floor about the devasta- get flooded this time. A lot of times it they provided and how they pulled to- tion that is a result of massive flooding makes good sense to do that. gether and helped one another. There is in the Midwest and Wisconsin as well. We are going to need flexible commu- a lot of strong leadership in these Boy Tens of thousands of our neighbors in nity development block grant funding Scouts. the Midwest have suffered staggering for infrastructure repair and home as- So we hope their families will take losses and need help and our Govern- sistance. Economic Development Ad- some condolence in the fact that these ment needs to be there, as promised. In ministration funds for infrastructure kids responded in a great leadership my State of Illinois, the same floods will be needed for businesses and jobs. fashion. These young kids responded as that have devastated our northern Corps of Engineers funding will be adults after that tornado hit that Boy neighbors are now heading our way. We needed for the repair and improvement Scout camp. are in a race against time and nature. of levees. We will also need Depart- Lastly, Mr. President, I deeply appre- By Wednesday of this week, at least ment of Agriculture support for a ciate the many expressions of concern in the Quincy area of the Mississippi whole variety of agricultural things— and caring expressed by our Senate col- River, we expect the Mississippi River from repairing conservation structures leagues. I have gotten a lot of phone to reach its crest. It is the mightiest to meeting new soil conservation prob- calls and messages, and I thank all my river in North America. It is a beau- lems and cleaning up debris. Every cul- colleagues for their expressions of con- tiful river and a big part of America’s vert going under these roads, all over cern and caring. history but, boy, when the rains start the State of Iowa, has been plugged up We will get through it. Obviously, we falling and all those rivers start feed- with some kind of debris. Bridges—all will get through it. I think Iowa will be ing into it, the Mississippi can become this stuff—need to be taken out and a stronger State. We will have some almost uncontrollable. taken out in a hurry. So we are going tough times. I have no doubt about it. There are fears that the flooding to need the help of the Department of A lot of people out there do not have along the Mississippi in Illinois could Agriculture on that. much money. A lot of times it is the reach historic levels that we experi- So it will be several weeks, at least, lowest income people along the rivers enced during the great flood of 1993. I before we can have an accurate meas- and stuff because, well, the spacing— know all about that one. That was a ure of the total economic losses and that is where the cheapest land is, isn’t flood on my watch. I was a Congress- physical destruction. Probably more it? That is where the lowest cost man in central Illinois, with a big time than that for areas south of the houses are, for the most part. I am not swath of Illinois and the Mississippi water. The water is all moving south, saying all, but for the most part. I have River in my district. so I hate to say this, but I think north- seen some pretty beautiful homes inun- It was one of the most costly and ern Missouri is about to get hit pretty dated by water too, I might add, but a devastating natural disasters ever to hard. And as to the absolute southeast lot of these people are low-income peo- hit our country. It didn’t come with of Iowa, we have not seen it hit the ab- ple. They are elderly. They have no- the intensity and immediacy of a Hur- solute southeast of Iowa yet. where to turn. As a caring nation, we ricane Katrina and certainly didn’t So, again, we are going to have to get have to help them put their lives to- cause the long-term devastation they a pretty good handle on this, but this is gether again. felt in Louisiana and Mississippi. a national disaster. It requires a na- So we will be on this every day. I am Floods in our part of the world are a tional response. pleased to hear that President Bush—I gradual, building thing that seem like So, Mr. President, I am sure Senator just found this out a few minutes ago— they will never go away. More than 50 GRASSLEY and I will have more to re- will be coming to Iowa on Thursday. people died in 1993. Thousands were port in the days ahead. But our That will be good. I hope he can see forced to evacuate their homes, as hun- thoughts and prayers are with the good this firsthand and then help us with dreds of levees failed up and down the people of Iowa and neighboring States getting those FEMA matching funds Mississippi River. The economic dam- who are still struggling with flood- down as much as possible. age exceeded $15 billion. waters or still picking up the pieces With that, again, I will be reporting The experts told us after that flood from devastating tornadoes. more in the days ahead. But we are that it was a 500-year flood event. So Again, I want to join with Senator starting the clean-up process now from we thought we would be able to brag GRASSLEY in thanking so many church the most devastating flood I have ever about that for the rest of our lives, and groups in Iowa. We saw them. Every seen in all my years in the State of generations to come will point back to place we went, we saw church groups Iowa. 1993. Well, here we are 15 years later, getting together. Protestant, Catholic, Mr. President, I yield the floor and and we seem to be on the verge of an- evangelical—no matter who—they were suggest the absence of a quorum. other similar disaster. all getting together and setting up re- The ACTING PRESIDENT pro tem- Many times, weather-related disas- sponse teams, doing an outstanding pore. The clerk will call the roll. ters, such as Katrina, give us no warn- job. It was so wonderful to see these The bill clerk proceeded to call the ing. They strike in a matter of min- people come together and organize in roll. utes, hours or days if we are lucky. that fashion. Mr. DURBIN. Mr. President, I ask This is different. We have seen this cri- Then, of course, in Cedar Rapids, unanimous consent that the order for sis coming for quite a while. some of the churches are underwater. I the quorum call be rescinded. Illinoisans are working hard and fast may not have one here on this map, The ACTING PRESIDENT pro tem- to try to prepare for the worst and to but I had a picture earlier. I had some pore. Without objection, it is so or- minimize the damage. pictures of churches that were under- dered. Last Friday, when the Senate ad- water too. But the church groups, reli- f journed, I went back to my home State gious groups in Iowa, have been won- and drove over to Quincy on the Cen- derful. MIDWEST FLOODING tral Illinois Expressway and met with On a really somber and sad note, I Mr. DURBIN. Mr. President, this Fa- Mayor John Spring and then went would, again, express my condolences ther’s Day weekend I celebrated by down to Grafton, IL, and met with to the families of the Boy Scouts who buying a dehumidifier. I live in the Mayor Richard Mosby. Senator OBAMA were killed at Little Sioux—a terrible Midwest, and we have had a lot of rain, was in Quincy on Saturday. tragedy—and to the families where but I am lucky because my problems In those cities and towns up and some of the kids were hurt pretty with a damp basement are minor—very down the Mississippi River, people are

VerDate Aug 31 2005 23:59 Jun 16, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.008 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5646 CONGRESSIONAL RECORD — SENATE June 16, 2008 filling sandbags as fast as they can do night. I said: Bill, I hope that as a spe- ensure that the communities and the it. They are fortifying existing levees cial project the Illinois National Guard people affected do not face this disaster and creating levees to protect busi- will join with Mayor John Spring to alone. America and this Congress and nesses and homes and valuable infra- try to protect that waterworks. It is Senate will stand with them. structure. important. Bill answered the call im- I yield the floor. I commend all the residents, volun- mediately and called Mayor John f teers, emergency workers, and the Spring and sent 100 members of the Air more than 400 members of the Illinois Force National Guard there to start CONCLUSION OF MORNING National Guard, who are working to sandbagging around the water treat- BUSINESS brace our State for these floodwaters. ment plant, trying to save it before the The ACTING PRESIDENT pro tem- Many people are working around the river crests on Wednesday. All those pore. Morning business is now closed. clock. volunteers and emergency workers— f That is one of the nice things about even State prisoners released from the this great Nation. I take special pride local prisons and correction camps— RENEWABLE ENERGY AND JOB in the Midwest, which is where my are working side by side to fill sand- CREATION ACT OF 2008—MOTION roots are. When an emergency such as bags. TO PROCEED this arises, I have watched how people I also wish to say a word about State The ACTING PRESIDENT pro tem- rally around and try to help. Senator John Sullivan in that area. He pore. Under the previous order, the Again, I was with Mayor Spring in rolled up his sleeves immediately and Senate will resume consideration of Quincy on Friday. People were literally went to work. I was with him Friday. the motion to proceed to H.R. 6049, spending their entire day filling sand- He is roaming up and down the river which the clerk will report. bags. It is hard work; many times it is trying to make sure he gives a helping The bill clerk read as follows: back-breaking work, repetitive. But hand where needed. He calls State and Motion to proceed to the Renewable En- the spirit in that meeting place was as Federal agencies to see where they can ergy and Job Creation Act of 2008, a bill to good as anyplace I have ever been. be of assistance. He is a terrific public amend the Internal Revenue Code of 1986 to They all felt they were pulling to- servant, and I was glad to be with him provide incentives for energy production and gether for their neighbors, their com- at that time. conservation to extend certain expiring pro- munity, their city, and for their State. Senator OBAMA came to Quincy over visions, to provide individual income tax re- lief, and for other purposes. They felt a special kinship. the weekend and looked at the situa- It is not unusual, of course, to see the tion and pitched in as well, filling Mr. DURBIN. Mr. President, for the great efforts of the Red Cross. They are sandbags, and he was able to see how record, it is my understanding the time always there trying to help people our State is being affected. between now and 5:30, when we vote on along, providing a sandwich and a bot- The volunteers worked through Fa- the motion to proceed to the tax ex- tle of water to the folks who need it ther’s Day. The celebration with fam- tenders, has been evenly divided be- when they are working. Also, other ily was short-lived. They tried to do tween the Republican and Democratic their best to tame the mighty Mis- volunteers, including folks at a age sides. sissippi River. These volunteers are where they could not pitch in and fill a I ask unanimous consent that all demonstrating amazing spirit. A flood sandbag, but they were making sand- time—even time on the quorum calls— is a devastating prospect to face and wiches and cookies to bring to the vol- be credited to both sides equally during envision. But these folks have re- unteers. It is that kind of a community that period. sponded with resolve and determina- outpouring that means so much. The ACTING PRESIDENT pro tem- tion. I am proud of them, and I am so The official Government agencies pore. Without objection, it is so or- proud to represent them. Their work were sure there doing their part, in- dered. may save homes, businesses, and lives. cluding FEMA and our Illinois counter- Mr. DURBIN. Mr. President, I sug- Every sandbag that is filled may make part, coordinating the disaster re- gest the absence of a quorum. it much easier for communities to get sponse, along with the Army Corps of The ACTING PRESIDENT pro tem- back on their feet when the flood- Engineers. pore. The clerk will call the roll. waters recede. The bill clerk proceeded to call the Over the weekend, two levees in our State and local leaders in Illinois are State—in the towns of Carman and roll. also working around the clock to pre- Mr. KYL. Mr. President, I ask unani- Keithsburg—failed. Hundreds of resi- pare for the worst. We know, from dents in those towns have left their mous consent that the order for the looking at neighboring States, that the quorum call be rescinded. homes. Another levee broke last week severity of this flood will be more than The ACTING PRESIDENT pro tem- in the town of Lawrenceville, on the the people of Illinois alone can absorb. pore. Without objection, it is so or- east side of the State, and residents are The magnitude of this disaster will stranded there without drinkable require action from the Federal Gov- dered. water. ernment. Mr. KYL. Mr. President, in a couple Floodwaters are starting to seep into I have stood in Congress for over 20 of hours we are going to be voting other towns along the river. Heavy years, and every time some section of again on cloture and we will be making rains are still falling north of us, push- our Nation has been victimized by a a choice between two different points ing the river higher by the day. disaster, I have always felt that is of view. We did this 2 weeks ago, a Our Governor has already declared 15 when we come together as an American week ago last Thursday, and the result counties in Illinois State disaster family, when we draw on our national was that cloture was not invoked on areas. treasure and the efforts of American the House-passed so-called tax extend- At the urging of Senator OBAMA and workers across the country to come to ers package, and I think the same re- myself, Governor Blagojevich wrote to the rescue of our neighbors in trouble. sult will end up being the case this President Bush and asked him to de- Well, now it is time for the Midwest to evening. clare a number of Mississippi River ask for that help. It is essentially a choice between the counties Federal disaster areas. Quincy I know this Congress and President Democratic leadership trying to do this is preparing for the worst. The river is will be forthcoming. They have done a in a partisan way by simply bringing expected to crest at 32 feet. One of the good job so far. We have to make cer- up the House bill and trying to push main concerns there is the water in- tain we give them all the tools they that through, or getting together, as take plants that provide water for the need to move quickly back home to we have done in the past, in a bipar- region. If it goes down, it may take prepare for the worst, to try to avoid tisan way, to ensure that the tax provi- months to restore it. That will be a tragedies that can be avoided, and then sions we all support and we all want hardship on a lot of people we hope to to clean up afterwards and get on with extended into law are done in a way avoid. their lives. that does not require that taxes be in- I was with GEN Bill Enyart, head of Senator OBAMA and I will work with creased in some other part of the Tax the Illinois National Guard, Friday the Illinois congressional delegation to Code.

VerDate Aug 31 2005 23:59 Jun 16, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.017 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5647 Republicans do not believe it makes Our philosophy tonight says vote no on sustaining the veto, and having to sense to keep existing tax policy right this cloture petition, because at the start all over again. where it is by having to raise taxes in end of the day we all understand we are Another thing wrong with the House another part of our economy, some- going to extend the current tax policy, tax package is it only extended the ex- times on the very same people who are we are going to extend the research piring provisions, such as the research paying the tax we are extending. Ex- and development tax credit and all of and experimentation tax credit, for 1 tending current tax policy is not a tax the other similar policies, but we don’t year, notwithstanding that we prefer cut. Extending current tax policy is have to raise taxes to do that. So we that be done for 2 years—for the year just that, it is maintaining the status are not going to do that. There is an in which they have already expired and quo, and we don’t believe we should easy way and a hard way, in other for next year as well. have some rule, in effect, that says words, to get this done. It also included some new tax ear- when we continue exactly what we There are some other things wrong marks. What are some of these tax ear- have in tax rates, somehow or other we with the House bill. Even if that were marks? One is it requires that projects have to raise other taxes in order to the basic debate, there are some other financed with the so-called new clean pay for that. That doesn’t make any reasons why we wouldn’t want to take renewable energy bonds be subject to sense. up the bill that is coming to us from the prevailing wages requirement of It is basically the difference between the House in the first place. For one the Davis-Bacon Act. What this, in ef- two philosophies. The Republican phi- thing, it doesn’t do something very im- fect, says is if you have a Federal losophy starts with the proposition portant, and that is to extend the relief project here, you are going to have to that money belongs to the people—we from the alternative minimum tax, or pay a much higher wage rate to the the people—and we send a certain the so-called AMT. This was a tax people doing the work. The net result amount of that back to Washington originally designed to hit millionaires of the construction project is it is far and to our States to help run a govern- and it ended up, in effect, hitting ev- more expensive than it would be if you ment that we all understand we need to erybody else. could simply bid it out under normal pay for. But originally the money be- In fact, this year there are something bidding processes. longs to the people. And the question like 23 million people—23 million fil- Many reputable studies have esti- is, How much can the people afford to ers—who would be affected by the al- mated that Davis-Bacon inflates Fed- give up? In times of economic down- ternative minimum tax if we did not eral construction costs by anywhere turn, such as we are facing today, it is once again relieve them from that li- from 5 percent to 39 percent. I have not wise policy to take a lot of money ability. So each year we pass a bill that seen that right in my own home State from the private sector. In fact, we says you don’t have to worry about of Arizona. Rather than paying the made a decision, the President and the paying the AMT this year. Actually, Davis-Bacon wage rate for a small Fed- Congress, to actually give back some of last year it was 23 million and this eral facility in southern Arizona, they that money to the taxpayers. It was year it is 25 million more taxpayers decided to use existing mobile homes— the tax rebate, the so-called stimulus who will face an unwelcome tax in- which was totally inadequate, but at package. Some people have already re- crease, averaging about $2,000 of tax li- least it saved money from having to do ceived their $300 or $600 checks. The ability. That, again, is absolutely the the Davis-Bacon construction add-ons. idea is when we have an economic situ- wrong policy in a time of economic So if we are going to create an incen- ation such as we do today, you don’t downturn. Frankly, it is the wrong pol- tive to build more renewable energy take more money from the people. If icy anytime. production, I am not sure why at the anything, you try to help them keep There is another thing wrong with very time you would want to inten- what they have. the House bill. It includes a $45 billion tionally increase the project’s costs by There are those on the other side, tax increase on certain businesses. We subjecting it to Davis-Bacon. however, the Democratic side, who want people to be able to do business Another problem with the bill—a new have a different view. They start with overseas as well as here in the United tax earmark, in effect—is it creates a the premise that the Federal Govern- States. It is good for us when we have new standard deduction for property ment and how much money it has and businesses competing abroad. About $45 taxes, but it is essentially an indirect how much money presumably it billion of new tax increases will be transfer because it does not prohibit needs—and if the Federal Government piled on those businesses with two par- local governments from raising their needs more money because Congress is ticular provisions of the House bill, in taxes, entirely offsetting any benefit to spending more money—then where else effect amounting to double taxation of local taxpayers. In other words, it says are we going to get it? Well, we have to the people working for those businesses you can offset certain State taxes. It take it from the people. If the Federal when they are working abroad. doesn’t prevent the States from in- Government has a tax rate or a tax pol- Without getting into the details of creasing those taxes, so that in effect icy, such as a research and develop- that, we all understand what those two all of the taxpayers around the country ment tax credit that expired last year provisions are. They deal with deferred are subsidizing the State that raised and we want to continue to provide compensation from certain employers its taxes. The CBO suggests that, in that for this year, these people believe who would be treated less favorably general, the deduction for State and we need to tax the private sector. We than other employers in the United local taxes is a subsidy to wealthier need to tax taxpayers more money in States, and delaying the implementa- communities. It deters States from fi- order to, in effect, make up for the ex- tion of some new tax rules that would nancing local services with nondeduct- tension of that research and develop- allow worldwide interest for foreign ible things like user fees that are much ment tax credit. tax credit purposes. more efficient. Now, we don’t think you have to Again, given the fact that we are in Another thing the House bill does, make up for anything. You are keeping an economic downturn right now, why another one of its tax earmarks, is to it exactly where it is today. You are would we want to raise taxes, particu- include an unprecedented tax earmark not cutting taxes, you are keeping larly on those industries we are en- for New York. Tax credits are, by de- taxes right where they are. The other couraging to do business abroad to help sign, intended for individuals and busi- side says, no, we have a rule called pay- bring more revenues into the United nesses that actually pay taxes, not cit- go, and it means even if we keep taxes States? Again, these two provisions ies that do not pay taxes. But in this exactly where they are today, we have would make the United States less bill, there is an explicit tax credit for to raise taxes to, in effect, pay for that. competitive, not more competitive. the city of New York, which does not It is a nonsense policy. It hurts the pri- Incidentally, the administration has pay taxes. How does it work? What vate sector, it hurts businesses, it indicated it would veto the bill if these they propose to do is give a tax credit hurts American families, and it is the tax increases are in there. Obviously, of $2 billion to build a new rail line last thing you want to do in a time of we want to get these tax extenders from Lower Manhattan, even though economic downturn. That is why we done, and therefore don’t need the New York has no Federal income tax have two different philosophies here. delay of a Presidential veto, Congress liability. What they would do in effect

VerDate Aug 31 2005 23:59 Jun 16, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.019 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5648 CONGRESSIONAL RECORD — SENATE June 16, 2008 is relieve the State from its payroll tax Let me conclude by making the point (The remarks of Mr. WEBB pertaining liability. All employers have to pay a that delaying further is costly to tax- to the introduction of S. 3140 are print- payroll tax. What this would do is, payers. Enacting the bill solely last ed in today’s RECORD under ‘‘State- when the city of New York pays pay- year prevented more than 13 million ments on Introduced Bills and Joint roll taxes for people on its payroll, the taxpayers from being able to file their Resolutions.’’) Federal Government would pay back returns and delayed their refunds for Mr. WEBB. I yield the floor and I the city. That is a very bad precedent, several weeks into the filing session. suggest the absence of a quorum. and it should not be included in this We need to get on with this. We need to The PRESIDING OFFICER. The legislation. get to the bipartisan discussions. We clerk will call the roll. But my favorite of all—we have not can negotiate a bill, and we can get it The assistant legislative clerk pro- done enough for trial lawyers. It seems passed in a matter of days if we do ceeded to call the roll. we need to help the poor, struggling that. Mr. DORGAN. Mr. President, I ask trial lawyers, whose faces we have seen Businesses need to be able to tell unanimous consent that the order for frequently, recently, in publications those with whom they do business, the quorum call be rescinded. such as the Wall Street Journal, be- their stockholders and the people they The PRESIDING OFFICER. Without cause they have been indicted and are get money from, whether they can take objection, it is so ordered. going off to jail. But we need to help advantage of these important tax bene- Mr. DORGAN. Mr. President, I ask these trial lawyers because it seems it fits such as the R&D tax credit. The unanimous consent to speak for 20 min- costs them a lot of money when they fact that this tax credit has already ex- utes as in morning business. prosecute these class actions, on which pired should be enough to convince us The PRESIDING OFFICER. Without they make hundreds of millions of dol- that we need to do this as soon as pos- objection, it is so ordered. The Senator lars. They have to hire witnesses. They sible. This helps keep American busi- is recognized. have to put out other money as ex- nesses competitive. It is one of the key ENERGY penses. That used to be a violation of things we can do. For example, France Mr. DORGAN. Mr. President, I was ethics. When I went to law school, it has a 50-percent R&D tax credit, and on one of the Sunday weekend shows was called champerty and mainte- China offers a 150-percent deduction for and was joined by one of my colleagues nance. You couldn’t do it. It was uneth- R&D expenditures. Clearly, the United on the Republican side. The discussion ical for lawyers to pay the upfront ex- States needs to get back in this game. on that program was about oil and gas penses of these lawsuits because law- As I said before, we need to provide prices and energy development. My col- yers were explicitly not deemed to be the AMT relief. The bickering between league on the Republican side quite businesses but, rather, professions. I do the two Houses on this is doing nothing predictably said: Well, the problem is not know when the law profession but hurting American taxpayers. I the Democrats do not want to produce failed to be a profession, but appar- think we should recognize right now it any more oil. They stand in the way of ently it has because now the trial law- is not going to be subjected to pay-go. producing oil. yers want a usual and ordinary busi- There are not going to be new taxes It is such a canard. I wanted to come ness expense deduction for the expenses raised in order to provide relief from to the floor to talk about that a bit and of these contingent-fee lawsuits. It is the AMT. I think everybody knows also to talk about the fact that we are $1.6 billion. I don’t think the American that. going to vote at 5:30 today on energy taxpayers need to be subsidizing trial We might as well get to the job of ne- tax credits for renewables. Then we lawyers to the extent of $1.6 billion, gotiating a bill and getting it done. We will see who in this Chamber does want but it is in this bill, and it is another have already voted three times in sup- to produce some energy, because we reason we should not agree to take up port of this policy, once at the end of have had chances before, and the Re- this bill—that is to say we should deny last year—that vote was 88 to 5. Last publican side of the aisle, the minority cloture on this bill. month, we extended the energy tax ex- side, has blocked our ability to There is a perfectly good alternative tenders, 88 to 8. And last week in the here; that is, bipartisan negotiation produce. cloture vote that I indicated, that I want to talk a little bit about that. that would do similar to what we did failed 50 to 46. I think it is clear we can last year, to provide the expiring tax I know they tend to think that unless get to the end of this. Everybody you are sinking a hole in the ground relief here another year or two of ex- agrees we need to do so. It is just a tension, to extend the alternative min- someplace and sucking oil out some- question of how and a question of time. place on the planet, you are not pro- imum tax, to do these things without We can do it the easy way. We can do raising taxes either on the same tax- ducing. Well, I happen to believe there it the hard way. We can either get it are plenty of places to begin producing payers or on other taxpayers. We could done now or we can take a lot of time. additional oil in this country. But provide tax relief for members of the I think most of us and most of our tax- drilling alone is not going to solve our military and veterans, incentives for paying constituents agree it would be problem. There are other things we charitable giving, a deduction for high- better if we can get it done now, if we must do that represent change that my er education expenditures and teacher can do it the easy way, and they can colleagues on the other side of the aisle classroom expenses, do the subpart F begin planning for their futures. active financing and look-through ex- I urge all our colleagues at our 5:30 simply cannot embrace; that is, being ceptions. These are provisions that are vote to vote no again. We took this aggressive on renewable forms of en- very important for American busi- vote before. The vote should not be any ergy, wind energy, solar energy, bio- nesses to be competitive. different. Once that is done, we can get mass, and biofuels. It goes on and on. All these things are in the Repub- down to the bipartisan negotiations They do not consider that additional lican alternative. I believe that be- that will actually result in legislation production, I guess. cause they represent good tax policy, that we can pass and the President can Let me talk first about this issue of they would be agreed to on a bipartisan sign and that will be to the advantage the alternative and renewable forms of basis. Certainly, the chairman of the of American taxpayers. energy. In 1916 this country put in Finance Committee has been sup- Mr. President, I suggest the absence place robust, permanent tax incentives portive of, I think, all of these provi- a quorum. to say to people: If you go looking for sions as well. It would also extend and The ACTING PRESIDENT pro tem- oil and gas, good for you, we want you improve the expiring energy tax incen- pore. The clerk will call the roll. to do it. We are going to give you some tives for alternative energy production The bill clerk proceeded to call the big tax breaks. That was put in place and solar power that Senators CANT- roll. almost a century ago. WELL and ENSIGN added to the housing Mr. WEBB. Mr. President, I ask Here is what this country has done bill. It would do all of these things unanimous consent that the order for for renewable energy. In 1992 they put without raising taxes. the quorum call be rescinded. in place a production tax credit, a These are provisions that I suggest The PRESIDING OFFICER (Mr. short-term, fairly shallow tax incen- we could negotiate as soon as cloture is CARDIN). Without objection, it is so or- tive if you want to produce renewable rejected on this bill. dered. energy. It has been extended five times

VerDate Aug 31 2005 01:35 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.020 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5649 since 1992, short term. It has been al- half a million barrels a day of produc- leagues voted against it just days ago. lowed to expire three times. So we have tion there that our companies cannot I hope they have had some kind of had the stutter-stop, stutter-start ap- go get. epiphany recently and will decide that proach to dealing with the production Now, my colleagues introduced a was the wrong vote and today they will tax credit for renewable energy. piece of legislation on the Republican cast the right vote. This chart shows what happens every side for additional production, but it Let me talk for a moment about single time it has not been extended. does not include producing in the east- what people are doing today as they The investment falls off the shelf. Last ern Gulf or off of Cuba. They do not drive up to the gas pump with their ve- year, last June, we had a bill on the want to produce there. So are they for hicles. They are driving their car up to floor of the Senate that said, let us ex- production? Is that what they are talk- the pump trying to figure out: How tend this for a long period. ing about, or is this a big sham? We much can I afford? I have to stop at the I have a bill I introduced that said, I know they do not want to produce sus- grocery store on the way home. Or: I think the Congress and this country tainable amounts of renewable energy just bought medicine. How much can I should say here is where we are headed. because they have voted against it. afford to put in the gas tank? For 10 years we have been so dependent They say they are voting against it be- They put whatever they can in that on the Saudis, the Kuwaitis, the Iraqis, cause the bill increases taxes. tank. And by the way, the OPEC na- the Venezuelans, and others for oil. Let me tell you what it increases. It tions smile all the way to the bank as Sixty percent of our oil comes from off says to big hedge fund managers that they deposit our money. The big oil our shores. We need to be less depend- they should invest in renewable energy companies smile all the way to the ent, and one way to do that is to because the government is going to in- bank as they deposit the rest of our produce renewable energy right here at vest in them over the long-term. By money. But there is no justification for home. the way, the person who runs hedge the current price of gas and oil. None. So last June we put a bill on the funds and made the most income last This market system is broken. It floor of the Senate that said, for 5 year made $3.7 billion. If you are won- doesn’t work. years you can count on the production dering, that is going home to say: There are three things that are mak- tax credit to pursue incentives for wind Honey, I had a pretty good month, I ing oil more expensive: No. 1, we have and solar and all of those kinds of re- made $308 million this month. That is OPEC which is a cartel. That would be newable energies that are available to making enough so that 4 minutes of illegal in our country. But a bunch of us. Here is the tax incentive for you for work equals the average working man’s oil ministers get together in a closed the next half of a decade. salary for an entire year. room and make judgments as a cartel. Guess what. Thirty-four Republicans By the way, they get to pay a 15-per- No. 2, we have big oil companies—much voted against it and killed it. They did cent income tax rate, which I think is bigger because they were all given the not want to do that. Now they are talk- an outrage. But even more than that, green light to merge in recent years. ing about how much they want to they have a game in which they defer a They all now have two names— produce energy. Well, let me talk portion of their income tax by moving ExxonMobil, ConocoPhillips. They are about this production of energy. I hap- it offshore. bigger and stronger. Finally, what I want to talk about is pen to think, one voice here, we ought This legislation shuts that down and the issue of the futures market, which to produce in the eastern Gulf of Mex- thereby raises the money to pay for is the third piece that is simply bro- ico. some of our investment in renewable ken. The futures market is an unbe- If you take a look at where the oil is, energy. The other side is upset about lievable carnival of speculation. It is the hood ornament for their discussion that. We are shutting down a tax scam supposed to be an orderly market by is always ‘‘ANWR,’’ one of the most for the wealthiest individuals. It is which people can hedge who are in- pristine areas in America, set aside in pretty unbelievable. I don’t want to volved in the oil business. Now we have legislation signed by Dwight D. Eisen- hear any more noise, deep sounds from hedge funds, investment banks. We hower. The other side always says, the chest masquerading as thoughtful have all kinds of speculators, who will well, ANWR, we have got to produce in symbols from the brain, about produc- never be interested in ever taking de- ANWR. tion. The fact is, I believe in produc- livery of oil, engaged in the futures Even JOHN MCCAIN votes against pro- tion. That is one part of addressing the market and driving up the price of oil ducing in ANWR. JOHN MCCAIN said, I issue. One part of it is producing oil. and gas in a way that makes it at least do not think you ought to produce in But a much more important part is re- 20 to 30 percent higher priced than a the Everglades, in the Grand Canyon, I newable energy because we need to normal supply-demand market would do not think you ought to drill in change the way we have been doing justify. ANWR. So enough about that. things. In every month but one since Janu- If you take a look at where the oil is, We are so unbelievably dependent on ary of this year, our crude oil stocks on the outer continental shelf in the Saudi oil and oil coming from troubled have increased. Let me say that again. Gulf of Mexico, off the west coast, off parts of the world. It makes no sense. In every month but one since January of Alaska, by far the most significant We have an enormous appetite for oil. of this year, our inventory of crude oil reserves of oil are in the Gulf of Mex- We sink little straws in this planet stocks has increased. So supply is in- ico, both the western gulf and the east- every single day and suck oil out. We creasing. ern gulf. suck out 85 million barrels a day, and On the other hand, people are driving The area off of Florida in the eastern we use one-fourth of it in a little place slightly less, and there is a decrease in gulf ought to be open, in my judgment. called the United States. Sixty percent demand. So since January, you have But even more interesting are the of what we use comes from off our both an increase in supply and a de- Cuban waters just south of Florida. shores, much of it from troubled parts crease in demand. What has happened Many countries have leases to drill off of the world, and almost 70 percent of to the price of oil and gas? It has gone Cuba’s coast, including Spain, Canada, that we use in vehicles. up like a Roman candle. That means India. China is actually drilling on- We need to do a lot of things here, the market is broken. shore in Cuba, but we expect China to and we need to do a lot of things right Let me talk a little bit about what I be wanting to drill offshore also. Our to make us less dependent on foreign think is happening in this market. Let oil companies want to drill there. sources of oil. We need to make our ve- me put up a picture of NYMEX. This is There is estimated to be half a million hicles more efficient, to conserve en- where they trade some of these oil barrels a day production off Cuba. But ergy in every single way, to make all of commodity stocks. Some of it is what we cannot produce there. Our compa- our appliances more efficient. There is I call dark money, traded on exchanges nies cannot go in because we have this so much we have to do right, including that are not regulated or over the embargo with respect to Cuba, and the produce more renewable energy. counter and can’t be seen. This is the Bush administration is insistent on We will have a chance in an hour and way it looks. tightening the embargo rather than 15 minutes to vote once again on fund- Let me quote Clarence Cazalot, CEO loosening the embargo. So there are ing renewable energy. Most of my col- of Marathon Oil. He said last year:

VerDate Aug 31 2005 23:59 Jun 16, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.031 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5650 CONGRESSIONAL RECORD — SENATE June 16, 2008 $100 oil is not justified by the physical de- which offers a significant opportunity. use that money to pay for, and that is mand in the market. One of their Members, one of their Sen- extending the renewable energy tax Stephen Simon, senior vice president ators, is concerned about drilling off of credits so that we become less depend- of Exxon said: Florida, so they leave that off their ent on foreign oil and produce more en- The price of oil should be about $50-$55 a list. I know why they don’t want to ergy from renewable forms of energy. barrel. suggest that we should be able to drill That is just a fact. Right now oil is flirting with $140 a for oil off of Cuba. Spain has a lease to At 5:30 today we will have plenty of barrel. drill off of Cuba. Canada also has a opportunity to see who really supports Let me say, when Exxon is going to lease. India has a lease to drill off of additional production. I hope, on a bi- the bank with our money to make a de- Cuba. I know why the minority isn’t partisan basis, we might be joined by posit, they have to be happy. But they pushing to allow American companies the minority and see if we can’t put are not using that money to invest in to drill off of Cuba. President George this country on a track to produce new production. In 2007, they used $31 W. Bush is the one who says we can’t much more energy from renewable billion of profit to buy back their stock do that. So they don’t want to talk sources. about subjects that are uncomfortable. I yield the floor. and only $15 billion to invest in new The PRESIDING OFFICER. The Sen- They just want to bleat about the issue drilling. They used twice as much ator from Ohio. money to buy back their stock in the of ‘‘production’’ from their standpoint. TRADE POLICY stock market as they did to explore for Production means a number of things. Production means, yes, pro- Mr. BROWN. Mr. President, the goal new oil. of trade policy is to lift up workers at ducing some more oil. The largest as- From the New Jersey Star Ledger: home and abroad. Americans support sessment in history of the lower 48 Experts, including the former head of trade, plenty of it, but trade that al- States of recoverable oil was made 2 Exxon Mobil, say financial speculation in the lows small businesses and manufactur- energy markets has grown so much over the months ago by the U.S. Geological Sur- ers to thrive. Wrong-headed trade pacts last 30 years it now adds 20 to 30 percent or vey at my request. They studied what following the failed NAFTA model more to the price of a barrel of oil. is called the Bakken shale in Montana have too often betrayed middle-class A man named Fidel Gheit, who testi- and North Dakota. There is dramatic families from Lima to Zaynesville, fied before the Energy Committee, has new drilling and a lot of additional pro- from New York to California, and de- worked for 30 years with Oppenheimer duction there right now. They con- stroyed communities in rural and Company. He is the senior energy per- cluded that 3.6 to 4.3 billion barrels of urban areas. In my State, more than son at Oppenheimer. He says: recoverable oil, using today’s tech- 200,000 manufacturing jobs have dis- There is absolutely no shortage of oil. I’m nology, exists. I support drilling in the appeared since 2001. Many of them, absolutely convinced that oil prices Bakken. We are drilling. We have some most of them, have gone overseas. shouldn’t be a dime above $55 a barrel. I call 70 to 80 drilling rigs active in the Across the country, more than 3 mil- it the world’s largest gambling hall . . . It’s Bakken shale right now. But we are open 24/7. lion manufacturing jobs since Presi- going to vote at 5:30 on another ques- dent Bush took the oath of office have Unfortunately, it’s totally unregu- tion of production. Then I want to see lated. This is like a highway with no been eliminated. Trade policy hurts who comes to the floor to talk about communities such as Ashtebula and cops and no speed limit and everybody production in the future. Middletown, Toledo and Findlay, and is going 120 miles an hour. Do they really want to produce With that backdrop, here is what has Mansfield and Tiffin. That is why vot- enough renewable energy to help us re- ers in Ohio have sent a message loudly happened to the amount of speculation duce our dependence on Saudi Arabia and clearly demanding a new direction, in the commodities market. It has gone and Kuwait and Iraq and Venezuela? I a very different direction for our Na- up, up, and up just exactly like the hope so. tion’s trade policy. price of oil and gas. We have to get over this notion that Over the last 8 years, we have had, at The question is, should the Congress the only kind of production that mat- best, a fractured approach to trade. In do nothing about this or should the ters is sinking a well someplace. We the last 2 years, since voters elected Congress do something? If the answer could produce, and have been pro- candidates who support smart, fair is the Congress should do something, ducing, billions of gallons of fuel for trade—not this orthodox free trade then what? My belief is we have a re- vehicles in farm fields. We are now up which clearly has not worked—Con- sponsibility to do something. Many of very close to 9 billion gallons, and we gress has reasserted itself in trade pol- my colleagues believe it as well. There are headed much higher than that. We icymaking with some—I underscore is nothing wrong with speculation. also can produce substantial elec- ‘‘some’’—improvements to proposed Markets often work with speculators. tricity from wind, except that when we deals with Peru, Panama, Colombia, But when speculation becomes exces- try to do anything other than increase and South Korea. We have also chosen sive, there is something wrong because the production tax credit by 12 months, on behalf of workers not to grant the market then doesn’t work. the other side objects. Again, whether President Bush a renewal of fast track, Will Rogers described this sort of it is a production tax credit for wind or of trade promotion authority so the thing 80 years ago. He described people solar energy or other renewable energy President can continue his failed trade buying things they will never get from sources, this Congress and this country policy. people who never had it and making ought to not just talk about 12 months. The American public said no in 2006. money on both sides of the transaction. We ought to say: Here is where Amer- This Congress—the Senate and across I guess that is all right if the specula- ica is headed. We understand this is a the building in the House—said no to tion is not doing something that dam- serious problem. We believe we are this continued failed trade policy. Yet ages the American economy or injures going to produce substantial amounts these improvements we have made most American consumers. But these of renewable energy. Other countries have not rebuilt a consensus on good are not free markets. There is no free have done it. trade policy. We have opposed bad market. I hear all these folks talking Brazil is an example. We are going to trade policy. We need to build a con- about: You have a free market. What do this in a way that allows all of us to sensus on a different direction. you really need is more production. understand we must be less dependent Now more than ever Americans re- Sink a few wells here and there. on foreign sources of oil. ject the current model. It is time to But they are not even genuine about We can do that. We went to the Moon learn from our mistakes, to make plans that, as I just described to you. They in 9 years. Do you think we can’t find to fix them in future agreements. The are not very interested in sinking wells a way to be less dependent on foreign Trade Reform, Accountability, Devel- off the coast of Florida, for example. oil? I believe we can. But we can’t do opment, and Employment Act—the Let me show that chart again. I know it, if at 5:30 today the minority still ob- TRADE Act—which Senator DORGAN, why, when the minority party put up jects to having hedge fund managers Senator FEINGOLD, Senator CASEY, Sen- their proposal, they didn’t want to sink who make billions pay their fair share ator WHITEHOUSE, and I introduced this wells in the Eastern Gulf of Mexico, of taxes and objects to what we would month—is a step toward that change.

VerDate Aug 31 2005 01:35 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.030 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5651 This legislation serves as a template We can continue to use trade deals to erally speaking, the legislative process for how to craft a trade agreement that lock in—to lock in—protections for works best when we are actually legis- works for workers, for business owners, Wall Street, the drug companies, and lating. for our neighborhoods, for our commu- the oil companies or we can create a Last week, the Senate fell 10 votes nities, and for our country. predictable structure for international short of invoking cloture on the mo- This legislation mandates a Govern- trade without providing corporations tion to proceed to H.R. 6049. I am ment Accountability Office review of with overreaching privileges and rights pleased to see that we are going to try existing trade agreements and will re- of private enforcement that undermine again to invoke cloture; I hope we pre- quire the President to submit renegoti- our laws. vail this time. In addition to pro- ation plans for those agreements before Middle-class families, American man- moting our Nation’s energy security, negotiating any new agreements—basi- ufacturers, farmers, and community this bill provides critical tax relief for cally a timeout before we pass more of leaders across this country know we families and businesses, which is why I these NAFTA-style, NAFTA-modeled need a very different direction in trade. am a cosponsor of substitute amend- trade agreements. The TRADE Act is supported by more ment Senator BAUCUS hopes to offer to The TRADE Act will create a com- than a dozen labor unions, both the this bill if we can get to it. mittee comprised of House and Senate AFL–CIO and Change to Win. It is sup- The Energy Independence and Tax leaders who will review the President’s ported by the Sierra Club, the National Relief Act of 2008 provides approxi- plan for renegotiation. The bill spells Farmers Union, and the National Fam- mately $18 billion in tax incentives for out standards for future trade agree- ily Farm Coalition. investment in renewable energy, en- ments and will protect developing na- We know a different direction in ergy efficiency and conservation, car- tions from exploitation by drug compa- trade policy in this country is sup- bon capture and sequestration dem- nies, energy companies, and financial ported by a coalition of religious lead- onstration projects. One provision of institutions. ers, human rights activists, advocates the bill specifically authorizes $2 bil- The TRADE Act also sets out criteria for children and families, environ- lion for new clean renewable energy for a new negotiating process—one that mental groups, family farm groups, and bonds. These bonds are essential in would do away with the fundamentally labor groups. helping finance facilities that generate flawed fast-track trade promotion I am going to ask my leadership and electricity from alternative resources process and return power to Congress, my caucus to work with me on this leg- like: wind, small irrigation, geo- which is what our Constitution says, islation. I look forward to working thermal, hydropower, and landfill gas when considering our Nation’s trade with my allies on the other side of the or trash combustion facilities. pacts. aisle to work with me in restoring our The bill also provides tax credits for No more charging the President, if trade policy—fair trade, smart trade, a renewable energy production, solar en- you will, with negotiating these trade very different direction for our coun- ergy and fuel cell investment and tax agreements behind closed doors, with try. credits for energy-efficient commercial lobbyists for financial interests and f buildings. Buildings account for over banks and insurance companies and oil one-third of America’s consumption, 49 companies and pharmaceutical compa- THE ENERGY INDEPENDENCE AND percent of sulfur dioxide emissions, 25 nies standing outside the door, passing TAX RELIEF ACT OF 2008 percent of nitrous oxide emissions, and notes to these trade negotiators. Mr. CARDIN. Mr. President. I must 10 percent of particulate emissions, all We take for granted our clean air, say I am puzzled why a Republican mi- safe food, and safe drinking water. But of which damage urban air quality. nority voted last week to prevent the these blessings are not by chance. They They also produce 38 percent of the Senate from even proceeding to the result from rules and laws about wages, country’s carbon dioxide emissions— consideration of a bill—H.R. 6049, the about health, about the environment. the chief pollutant blamed for climate Energy Independence and Tax Relief Flawed trade policy, as we now know, change. By changing the way buildings Act of 2008—designed to bring down accelerates the importation of toxic operate, we can change our ‘‘carbon sky-high oil and gasoline prices, pro- toys, contaminated toothpaste, and footprint’’ on the Earth. mote clean and renewable energy, cre- poisonous pet food—ingredients that In addition to helping companies ex- ate good jobs here in America, and put kill people in drugs such as heparin. plore the use of alternative fuels and It does not have to be this way. We our Nation on a path to energy secu- energy saving products, we must also have a choice. We can continue a race rity. I am equally puzzled at the oppo- act individually. Recognizing this, Sen- to the bottom in wages, worker safety, sition to the provisions being paid for ator BAUCUS’s legislation also provides and environmental and health stand- by closing a tax loophole on offshore incentives for individual taxpayers. ards. We know what that race to the income made by hedge fund managers. The bill incorporates tax credits for en- bottom means. It means lost manufac- The American people need our help and ergy efficient appliances in homes and turing jobs. It means the stagnation of we have a bill that would provide much energy efficient improvements to exist- wages. It means importing toxic toys needed relief to American families and ing and new homes. If just 1 in 10 from China. It means importing the in- yet we can’t even get enough votes to homes used ENERGY STAR-qualified gredients that come to us in heparin legislate on the bill. appliances, a joint program between and other drugs that have literally The price of crude oil on the spot the U.S. Environmental Protection killed Americans. Or we can use trade market is approaching $140 per barrel, Agency and the U.S. Department of En- agreements to lift up standards abroad nearly double the price of 1 year ago. ergy, the effect would be like planting and in this country—not threaten When President Bush took office, a gal- 1.7 million new acres of trees. Addition- workers and consumers. lon of regular gas cost $1.46 and a gal- ally, by making homes more energy ef- We can continue down the path of the lon of diesel fuel cost $1.53. Today, ficient, we generate less air pollution failed NAFTA model or we can nego- those prices are at all-time highs, with and reduce high energy bills. Most of tiate trade agreements that result in regular gas costing $4.02 per gallon and the energy used in our homes often the creation of manufacturing jobs, in- diesel fuel costing $4.77 per gallon. A comes from the burning of fossil fuels creased wages, and a reduction of the new poll indicates that 60 percent of at powerplants, which contributes to trade deficit by providing fair and Americans are reducing spending on acid rain and smog. By improving your transparent market access. other priorities because of rising gas home, whether by the appliances you We can use our trade laws as a chit in prices. One-half of all households with choose or energy efficient remodeling, negotiations or we can preserve the incomes below $20,000 say they face se- you take an important step forward in ability of the United States to enforce vere hardships because of soaring gas protecting the environment. domestic trade laws to address the neg- prices. Clearly, the status quo is intol- The bottom line is that we have to ative impacts of currency manipula- erable, but the minority won’t even let conserve oil by using it more effi- tion, financial instability, and high the Senate consider bills to address ciently, and we have to find domestic debt burdens on U.S. trade relation- these problems, much less pass them. alternatives to oil. The benefit of doing ships. As I said, I find that puzzling. Gen- that, in addition to bolstering national

VerDate Aug 31 2005 01:35 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.021 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5652 CONGRESSIONAL RECORD — SENATE June 16, 2008 security and our economy, is that The PRESIDING OFFICER. The ma- carefully manicured appearance. Gar- using less oil and gas reduces the jority leader is recognized. dens are bursting with blooms that greenhouse gas emissions that are con- Mr. REID. Mr. President, as some of hold the promise of juicy red tomatoes, tributing to global climate change. us who are not in this building know, crisp green peppers, and a never-ending This is why renewable energy incen- there is a raging storm outside. But it supply of zucchini. Along rural road- tives are essential. is all over the Eastern part of the coun- sides, great rafts of daylilies growing In addition to many energy provi- try. I got a call from one Senator stuck are beginning to bloom in waves of fire- sions that will help put America on at a small airport in northern New cracker orange starbursts above the track to energy independence, the bill York. We have calls from all over the dense green foliage. also incorporates about $27 billion in country that airplanes are messed up. Despite the lawn and garden chores several vital tax extensions for Amer- La Guardia is not going to have any- that beg for attention, one day this ican families and businesses. In order thing going until 11 o’clock. When weekend was reserved for pleasure. for our country to remain a leader we things back up there, it affects the Sunday, June 15, was Father’s Day. must continue to be competitive. This whole country. So we would wind up Across the Nation, ties disappeared is why the research and development probably with 20 Senators missing the from store shelves, golf paraphernalia tax credit is essential. As a long time vote at 5:30. was snapped up, funny cards were supporter of the R&D tax credit, I am So I have spoken to the Republican bought, and restaurant reservations glad to see its inclusion into this legis- leader. We both think for the safety of were made. On Sunday, many fathers lation. This credit allows for compa- Members, if nothing else—which there were encouraged to take a break, to nies to plan long term projects which is plenty else—but for the safety of enjoy a brunch buffet, and to open translate into new technologies and Members, so they can kind of calm some of the classic father’s day gifts— new jobs. In 2005, 856 Maryland firms down and not try to do things they those ties, golf tees, or cologne. This reported R&D activity to the IRS. My should not do at this last hour or so— week, men across the Nation will sport goal is to increase that number. I want I ask unanimous consent that the pre- brightly hued new ties and exotic more businesses—not only in Mary- viously scheduled vote on cloture, scents that wordlessly label them as land, but across the country—partici- which was scheduled at 5:30 p.m., proud fathers. pating in research and development for today, be delayed to occur at 2:15 p.m. Fatherhood is a wonderful experience our Nation. Tuesday, June 17. but also a nerve-wracking one. It is full The bill also extends tax provisions The PRESIDING OFFICER. Without of high points, from passing on new for tuition expenses, out-of-pocket ex- objection, it is so ordered. skills and old interests to a new gen- penses for teachers, deductions for Mr. BROWN. Mr. President, I suggest eration, to witnessing the achieve- State and local sales taxes, and real the absence of a quorum. ments of our offspring as they achieve property tax relief for nonitemizers. It The PRESIDING OFFICER. The success on their own. The sight of large also expands the child tax credit to clerk will call the roll of the Senate. father’s hands tenderly cradling a tiny help more than 13 million children and The assistant legislative clerk pro- morsel of newborn humanity is enough their families. Specifically, the bill ex- ceeded to call the roll. to melt the hardest heart. But it is also tends the above-the-line deduction up Mr. BROWN. Mr. President, I ask a frightening responsibility, knowing to $250 for education expenses for all el- unanimous consent that the order for that one’s every word and action, for ementary and secondary teachers. It the quorum call be rescinded. better or for worse, is being absorbed also provides aid for the rising costs of The PRESIDING OFFICER. Without into the creation of a new character. tuition. By providing an above-the-line objection, it is so ordered. Fathers who praise their child’s hard deduction of $2,000 or $4,000, depending Mr. BROWN. Mr. President, I ask work and perseverance in the face of on income, for qualified higher edu- unanimous consent to vitiate the order setbacks, or who demonstrate the high cation expenses, we help alleviate the for the remaining debate time. value they place on being a good sport, burden of rising education costs for The PRESIDING OFFICER. Without build strong, resilient children who American families. The bill also ex- objection, it is so ordered. learn to work well with others pands the child tax credit to help more Mr. BROWN. Mr. President, I suggest throughout their lives. Fathers who than 13 million children and their fami- the absence of a quorum. lose their tempers at Little League lies. The bill also extends the option The PRESIDING OFFICER. The coaches teach their children by exam- for taxpayers to take an itemized de- clerk will call the roll. ple a lesson in rudeness and incivility duction for State and local general The assistant legislative clerk pro- that likely is very different than the sales taxes, and provides a 1-year de- ceeded to call the roll. manners that they preach. Clarence duction of $350 for property taxes for Mr. WHITEHOUSE. Madam Presi- Budington Kelland put it best when he nonitemizing taxpayers. dent, I ask unanimous consent the said, ‘‘He didn’t tell my how to live; he Senator BAUCUS has also included a order for the quorum call be rescinded. lived, and let me watch him do it.’’ very important provision that places a The PRESIDING OFFICER (Ms. Fathers typically spend fewer hours 1-year ‘‘patch’’ on the alternative min- STABENOW). Without objection, it is so in the company of their children than imum tax, AMT. This provision trans- ordered. do their mothers. Therefore, each hour lates into helping millions of Ameri- f spent together is precious, a fact that cans across the country and specifi- can be difficult to remember when fa- cally hundreds of thousands of Mary- MORNING BUSINESS thers come home from work tired, and landers. The bill increases the exemp- Mr. WHITEHOUSE. Madam Presi- that lawn still needs to be mowed or tion amounts to $46,200 for individuals dent, I ask unanimous consent that the those bills need to be paid. But in the and $69,950 for married couples. It also Senate proceed to a period of morning years to come, as children grow, it is allows personal credits to be used business, with Senators permitted to the time spent playing catch, or build- against the AMT. This provision is es- speak therein for up to 10 minutes ing a doghouse, or even watching a sential, otherwise American families each. football game together, that both fa- will fall victim to a tax that we never The PRESIDING OFFICER. Without ther and child will remember and cher- intended them to have to pay. objection, it is so ordered. ish—not that the lawn was properly This bill will provide good jobs here f edged and raked. at home, put us on a path toward sus- I know that the times spent with my tainable energy security, and combat FATHER’S DAY Dad that I remember most fondly were global climate change. I hope we will ∑ Mr. BYRD. Madam President, sum- just those few quiet minutes that we be allowed to consider this measure. mer will not officially begin until June spent together most days, when I The American people sent us here to do 21, but already the summer heat and would meet Dad walking home from a job: to legislate. If we can’t even get thunderstorms are upon us. Lawns are work. He would share with me a little to this bill, we are not doing our job. lush and green, calling for the mower cake that he had saved from his lunch, I yield the floor. at least every week to maintain their and we would talk and walk together.

VerDate Aug 31 2005 23:59 Jun 16, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.022 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5653 No matter how tired he was, he was in- important and pressing decisions to stars, white in blue field.’’ The second terested in how my day had gone and make. Among them was the choice of a section provided the process for adding what I had learned in school. Like flag under which the armies and colo- stars to the flag upon the entry of each many kids, I worked hard at school and nies could unite, a fitting symbol for new State to the Union. This elegant at my other activities, from my daily the new nation. Accordingly, on June solution provided the flag that we hold chores to playing my fiddle, to earn the 14, 1777, the Continental Congress so dear today. reward of his smile and his words of adopted a resolution establishing a na- Our flag, the Stars and Stripes, or praise. That ability to inspire a child is tional flag for the United States. Fol- ‘‘Old Glory,’’ still serves to unite our the greatest power, and the greatest re- lowing a still familiar pattern, a spe- Nation today. It is a symbol of our Na- sponsibility, of fatherhood. cial committee had first been ap- tion that is instantly recognizable The creation of Father’s Day is wide- pointed to develop the design for the around the world. It is both common- ly credited to Mrs. Sonora Dodd, who, new flag, and the resolution imple- place, seen daily in front of post of- inspired by the idea of Mother’s Day, mented the committee’s recommenda- fices, government buildings and chose to honor the father who raised tion. schools, and yet hallowed, placed with her and her siblings after their mother The resolution itself was quite sim- solemn care over the coffin of a vet- died. Her father, William Smart, must ple, and stated only that ‘‘ the flag of eran or flying at half mast to mark a have been a great father, to have the United States shall be of thirteen tragedy. It can also be a symbol of pa- sparked such a tribute from his daugh- stripes of alternate red and white, with triotic pride, carried proudly by Olym- ter. As we honor the contributions to a union of thirteen stars of white upon pic athletes as it will be in Beijing this our families made by our fathers, we a blue field, representing a new con- August, or streaming in the wind be- must also thank Sonora Dodd for her stellation.’’ The 13 stripes and stars hind a mighty warship. And who can devotion and dedication to her father were symbolic of the 13 colonies that forget the sudden, spontaneous, out- and all fathers. Mr. Smart did not had fought for and won the liberty to break of U.S. flags that erupted across know the German writer Jean Paul establish the new nation, of course, but the Nation in the wake of the 9/11 trag- Richter 1762–1825, but he proved the no formal symbolism was assigned to edy? That act captured the essence of truth behind Richter’s observation the color choices, which were the same our Nation and our flag—a nation defi- that ‘‘The words that a father speaks as those found on the British Union ant, strong, and united in the face of to his children in the privacy of home Jack. Since 1777, however, many poets adversity. are not heard by the world, but, as in and speakers have embued the colors On Saturday, many Americans whispering galleries, they are heard with symbolism, as did Joseph Rodman braved the scorching heat and the vio- clearly at the end and by posterity.’’ Drake, in his poem, ‘‘The American lent weather and floods that have Mr. President, I close with a poem by Flag’’: caused so much misery in recent days, an anonymous author, titled ‘‘A Little When Freedom, from her mountain height, and observed Flag Day by displaying Chap Who Follows Me.’’ My Dad knew Unfurled her standard to the air, the flag at their home or their work- the truth of this poem, and I learned She tore the azure robe of night, place. the truth of it after my own daughters And set the stars of glory there! Mr. President, I close with one of my were born, as all fathers do. On Fa- She mingled with its gorgeous dyes favorite poems about the flag. It is ti- ther’s Day, as fathers are being hon- The milky baldric of the skies, tled ‘‘Hats Off!’’ by Henry Holcomb And striped its pure, celestial white ored, it reminds us of the qualities of a With streakings of the morning light; Bennett. father that are most worth honoring. Then, from his mansion in the sun, HATS OFF! A LITTLE CHAP WHO FOLLOWS ME She called her eagle-bearer down, Hats off! A careful man I want to be; And gave into his mighty hand Along the street there comes A little fellow follows me. The symbol of her chosen land! A blare of bugles, a ruffle of drums, I do not dare to go astray Over the years, the flag grew and A flash of color beneath the sky: For fear he’ll go the selfsame way. changed as the United States grew, Hats off! I cannot once escape his eyes, adding stripes as well as stars before it The flag is passing by! Whate’er he sees me do, he tries. was recognized that the expansion of Blue and crimson and white it shines, Like me he says he’s going to be; the States was greater than the flag’s Over the steel-tipped, ordered lines. Hats off! The little chap who follows me. pattern could bear. When Francis Scott He thinks that I’m so very fine, The colors before us fly; Key wrote ‘‘The Star Spangled Ban- But more than the flag is passing by. Believes in every word of mine. ner’’ after watching the battle of Fort The base in me he must not see; Sea-fights and land-fights, grim and great, The little chap who follows me. McHenry during the war of 1812, the Fought to make and to save the State: flag he wrote about had 15 stars and 15 I must remember as I go Weary marches and sinking ships; Through summer’s sun and winter’s snow, stripes. By 1816, the United States con- Cheers of victory on dying lips; I’m building for the years to be; sisted of 19 States, with more to come. Days of plenty and years of peace; The little chap who follows me.∑ So, once again, Congress established a March of a strong land’s swift increase; Equal justice, right and law, f special committee, this one directed by New York’s Peter Wendover, to study Stately honor and reverend awe; FLAG DAY the problem of the flag’s design. Sign of a nation, great and strong ∑ Mr. BYRD. Madam President, in the Early in 1818, the congressional com- To ward her people from foreign wrong: early history of our Nation, many flags mittee presented a report. The report Pride and glory and honor, all flew over the land that became the recommended a solution proposed by Live in the colors to stand or fall. United States of America. The British Chester Reid, a naval captain and hero Hats off! Union Jack, the Spanish flag, the of the war of 1812. His suggestion was Along the street there comes French flag, the Dutch flag, and others that the 13-stripe flag honored the A blare of bugles, a ruffle of drums; And loyal hearts are beating high: identified territory and colonies under original 13 colonies, and that new Hats off! the control of those nations. Then, as States could be honored by the simple The flag is passing by!∑ the colonies and various fighting forces addition of stars, to reflect the growth f organized themselves to take up the of the new constellation. ´ call of the new nation-to-be, many new On April 4, 1818, President James ARREST OF BAHA’I LEADERS flags began to fly. Some had pine trees, Monroe signed into law the Flag Act of Mr. BINGAMAN. Madam President, I some had rattlesnakes, and others were 1818. Like the original Flag Resolution wish to call attention to the arrest of simpler designs or slogans, but all of 1777, the Flag Act of 1818 was short, seven Baha´ ’i leaders in Iran earlier this sought to establish a separate and consisting of two sections. The first month. many times defiant new identity for section noted that, as of July 1819, ‘‘the On May 14, six Iranian Baha´ ’i lead- the new nation and its people. flag of the United States be thirteen ers—Mrs. Fariba Kamalabadi, Mr. In the course of conducting the war, horizontal stripes, alternate red and Jamaloddin Khanjani, Mr. Afif Naeimi, the Continental Congress had many white; that the union have twenty Mr. Saeid Rezaie, Mr. Behrouz

VerDate Aug 31 2005 02:09 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.011 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5654 CONGRESSIONAL RECORD — SENATE June 16, 2008 Tavakkoli, and Mr. Vahid Tizfahm, all ice Members and Veterans Transition quasquicentennial the weekend of June of Tehran—were arrested and report- Assistance, health fitness advisor at 20–22 with a street dance, a 5k walk/ edly taken to Evin Prison, the same fa- the National Defense University; senior run, hot air balloon rides, a parade, and cility where Haleh Esfandiari, director policy analyst in Health Affairs, DOD; fireworks. of the Middle East Program at the and chief anesthesia nursing service at In 1881, a town site called Prior was Woodrow Wilson Center for Scholars Walter Reed Army Medical Center, plotted approximately 11⁄2 miles north here in Washington, spent 105 days last Washington, DC. of the future site of Corona, named for year. Throughout her career Major General its owner, C. H. Prior. Prior was the In addition, on March 5, another Pollock has served with valor and pro- original stopping point for the postal Baha´ ’i leader, Mrs. Mahvash Sabet, foundly impacted the entire Army service until moving to the present lo- also of Tehran, was summoned to the Medical Department. Her performance cation of Corona in 1883, which pro- city of Mashhad by the Ministry of In- reflects exceptionally on herself, the vided closer access to the railroad. telligence. U.S. Army, the Department of Defense, The early business district of Corona I am concerned that these arrests and the United States of America. I ex- was comprised of a doctor, a news- signal an escalation of repression tend my deepest appreciation to Major paper, two banks, four grocery stores, a against the Baha´ ’i community in Iran. General Pollock on behalf of a grateful butcher shop, a post office, four grain These actions do not befit the rich her- nation for her more than 32 years of elevators, a general store, a hardware itage of Iranian civilization, and I call dedicated military service.∑ store, a creamery, and two lumber upon the leadership of the Islamic Re- f yards. Main Street was marked with public of Iran to release the seven hitching posts, gasoline lights, and 125TH ANNIVERSARY OF ETHAN, Baha´ ’i leaders promptly and uncondi- wooden sidewalks that were notorious SOUTH DAKOTA tionally. for their hazardous conditions when ∑ f Mr. JOHNSON. Madam President, wet. today I pay tribute to the 125th anni- Today, Corona still boasts several ADDITIONAL STATEMENTS versary of the founding of the city of businesses including a cafe´, a post of- Ethan, South Dakota. After 125 years, fice, a grain elevator, and most impor- this progressive community will have a TRIBUTE TO MAJOR GENERAL tantly, the Corona Learning Center. chance to reflect on its past and future, GALE S. POLLOCK Three industrial enterprises are also and I congratulate the people of Ethan based in the area: Mark’s Custom ∑ Mr. INOUYE. Madam President, I for all that they have accomplished. Woodworking, Ammann Honey Farm, would like to recognize a great Amer- The city of Ethan was founded in 1883 and Dakota Machine Works. Despite ican and true military heroine who has as a railroad town named after Ethan the hardworking nature of Corona’s in- honorably served our country for 32 Allen of historical fame. Jerome Miles habitants, they still manage to cele- years. was the primary landowner of Ethan brate St. Patrick’s Day with one of the Major General Pollock was born in Territory. The first school was built in longest parades in the State, whether Kearny, NJ, and entered the Army 1885, followed by the first Catholic and rain, snow, or shine. Nurse Corps in 1976 after earning her Methodist churches which were both Most South Dakotans call small BSN from the University of Maryland. built in 1887. towns like Corona home. South Dako- She also completed a master’s of busi- Today, Ethan is a growing and devel- ta’s small communities are the bed- ness administration from Boston Uni- oping small town community located rock of our economy and vital to the versity, a master’s in healthcare ad- in Davison County. Ethan has a popu- future of our State. It is especially be- ministration from Baylor University, lation of 312 and is home to numerous cause of our small communities, and and a master’s in national security and colorful characters, including many de- the feelings of loyalty and familiarity strategy from the National Defense scendents of the original founders. that they engender, that I am proud to University. Major General Pollock also Ethan features several local businesses, call South Dakota home. Towns like attended the U.S. Army Nurse Anes- including grain elevators, hotels, Corona and its citizens are no different thesia Program and is a certified reg- banks, restaurants, doctor’s offices, and truly know what it means to be a istered nurse anesthetist, CRNA, and a churches, a public school, and a beau- South Dakotan. Even 125 years after its fellow in The American College of tiful park. Ethan Coop Lumber just founding, Corona continues to be a vi- Healthcare Executives. celebrated their 100 year anniversary in brant addition to our wonderful State, Major General Pollock’s military 2007, and Ethan Public School has been and I once again congratulate them on education includes Senior Service Col- declared a Blue Ribbon School of Ex- this achievement.∑ lege at the Industrial College of the cellence by the U.S. Department of f Armed Forces; the U.S. Air Force War Education. College; the Interagency Institute for Ethan will be commemorating its an- MESSAGES FROM THE PRESIDENT Federal Health Care Executives, the niversary with a celebration on the Messages from the President of the Military Health System CAPSTONE weekend of June 13–15. The town plans United States were communicated to Program, the Principles of Advanced to hold the Miss Ethan Pageant, a the Senate by Mrs. Neiman, one of his Nurse Administrators, and the NATO street dance, a parade, and hot air bal- secretaries. staff officer course. loon rides. The events of the weekend f Major General Pollock became the promise to provide great opportunities Deputy Surgeon General for Force to celebrate such a historic milestone. EXECUTIVE MESSAGES REFERRED Management December 11, 2007. She Even 125 years after its founding, As in executive session the Presiding also served as Chief, Army Nurse Corps Ethan continues to be a vibrant com- Officer laid before the Senate messages and Commander, U.S. Army Medical munity. I am proud to honor the ac- from the President of the United Command/Acting Surgeon General. complishments of the people of Ethan, States submitting sundry nominations Major General Pollock’s past mili- and congratulate them on this impres- which were referred to the appropriate tary assignments include special as- sive achievement.∑ committees. sistant to the Surgeon General for In- f (The nominations received today are formation Management and Health panted at the end of the Senate pro- Policy; commander, Martin Army 125TH ANNIVERSARY OF CORONA, ceedings.) SOUTH DAKOTA Community Hospital, Fort Benning, f GA; commander, U.S. Army Medical ∑ Mr. JOHNSON. Madam President, Activity, Fort Drum, NY; staff officer, today I recognize the community of Co- MESSAGE FROM THE HOUSE Strategic Initiatives Command Group rona, SD, on reaching the 125th anni- At 2:13 p.m., a message from the for the Army Surgeon General; Depart- versary of its founding. Corona is a House of Representatives, delivered by ment of Defense health care advisor to rural community located in Roberts Mrs. Cole, one of its reading clerks, an- the Congressional Commission on Serv- County, and will be celebrating its nounced that the House has passed the

VerDate Aug 31 2005 02:09 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.015 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5655 following bill, with an amendment, in 8365–6) received on June 9, 2008; to the Com- received on June 9, 2008; to the Committee which it requests the concurrence of mittee on Agriculture, Nutrition, and For- on Environment and Public Works. the Senate: estry. EC–6602. A communication from the Direc- EC–6591. A communication from the Direc- tor, Regulatory Management Division, Envi- S. 2146. An act to authorize the Adminis- tor, Regulatory Management Division, Envi- ronmental Protection Agency, transmitting, trator of the Environmental Protection ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled Agency to accept, as part of a settlement, pursuant to law, the report of a rule entitled ‘‘Protection of Stratospheric Ozone: Alloca- diesel emission reduction Supplemental En- ‘‘Bifenthrin; Pesticide Tolerances’’ (FRL No. tion of Essential Use Allowances for Cal- vironmental Projects, and for other pur- 8366–4) received on June 9, 2008; to the Com- endar Year 2008’’ (FRL No. 8577–9) received poses. mittee on Agriculture, Nutrition, and For- on June 9, 2008; to the Committee on Envi- The message also announced that the estry. ronment and Public Works. House has passed the following bill, in EC–6592. A communication from the Direc- EC–6603. A communication from the Attor- tor, Regulatory Management Division, Envi- ney, Office of Assistant General Counsel for which it requests the concurrence of Legislation and Regulatory Law, Depart- the Senate: ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled ment of Energy, transmitting, pursuant to H.R. 1553. An act to amend the Public ‘‘(Z)-7,8-epoxy-2-methyloctadecane; Exemp- law, the report of a rule entitled ‘‘Identifica- Health Service Act to advance medical re- tion from the Requirement of a Tolerance’’ tion and Protection of Unclassified Con- search and treatments into pediatric can- (FRL No. 8367–7) received on June 9, 2008; to trolled Nuclear Information’’ (RIN1992–AA35) cers, ensure patients and families have ac- the Committee on Agriculture, Nutrition, received on June 9, 2008; to the Committee cess to information regarding pediatric can- and Forestry. on Environment and Public Works. cers and current treatments for such can- EC–6593. A communication from the Sec- EC–6604. A communication from the Direc- cers, establish a national childhood cancer retary, Department of Homeland Security, tor, Office of Congressional Affairs, Nuclear registry, and promote public awareness of transmitting, pursuant to law, the report of Regulatory Commission, transmitting, pur- pediatric cancer. a violation of the Antideficiency Act within suant to law, the report of a rule entitled ‘‘Revision of Fee Schedules; Fee Recovery f the Federal Law Enforcement Training Cen- ter; to the Committee on Appropriations. for Fiscal Year 2008’’ (RIN3159–AI28) received MEASURES PLACED ON THE CAL- EC–6594. A communication from the Sec- on June 9, 2008; to the Committee on Envi- ENDAR DURING ADJOURNMENT retary of the Treasury, transmitting, pursu- ronment and Public Works. EC–6605. A communication from the Acting OF SENATE ant to law, a report on the national emer- gency with respect to the Western Balkans; Regulations Officer of Social Security, So- Under the authority of the order of to the Committee on Banking, Housing, and cial Security Administration, transmitting, the Senate of June 12, 2008, the fol- Urban Affairs. pursuant to law, the report of a rule entitled lowing bill was read the second time, EC–6595. A communication from the Acting ‘‘Extension of the Expiration Date for Sev- and placed on the calendar: Director of the Office of Sustainable Fish- eral Body Systems Listings’’ (AG81) received on June 9, 2008; to the Committee on Fi- H.R. 5749. An act to provide for a program eries, National Marine Fisheries Service, De- partment of Commerce, transmitting, pursu- nance. of emergency unemployment compensation. EC–6606. A communication from the Sec- ant to law, the report of a rule entitled retary of Health and Human Services, trans- f ‘‘Fisheries of the Exclusive Economic Zone mitting, pursuant to law, a report entitled, Off Alaska; Yellowfin Sole by Vessels Par- EXECUTIVE AND OTHER ‘‘Third Report to Congress on the Evaluation ticipating in the Amendment 80 Limited Ac- COMMUNICATIONS of the Medicare Coordinated Care Dem- cess Fishery in Bering Sea and Aleutian Is- onstration’’; to the Committee on Finance. The following communications were lands Management Area’’ (RIN0648–XI07) re- EC–6607. A communication from the Chief laid before the Senate, together with ceived on June 9, 2008; to the Committee on of the Publications and Regulations Branch, accompanying papers, reports, and doc- Commerce, Science, and Transportation. Internal Revenue Service, Department of the uments, and were referred as indicated: EC–6596. A communication from the Chair- Treasury, transmitting, pursuant to law, the man of the Office of Proceedings, Depart- report of a rule entitled ‘‘Coordinated Issue: EC–6586. A communication from the Con- ment of Transportation, transmitting, pur- gressional Review Coordinator, Animal and Conversion of Nonprofit Organizations’’ suant to law, the report of a rule entitled (LMSB–04–0408–024) received on June 9, 2008; Plant Health Inspection Service, Department ‘‘Disclosure of Rail Interchange Commit- of Agriculture, transmitting, pursuant to to the Committee on Finance. ments’’ (OMB Control No. 2140–0016) received EC–6608. A communication from the Chief law, the report of a rule entitled ‘‘Amend- on June 9, 2008; to the Committee on Com- of the Publications and Regulations Branch, ments to Treatments for Plant Pests’’ merce, Science, and Transportation. Internal Revenue Service, Department of the (Docket No. APHIS–2006–0091) received on EC–6597. A communication from the Sec- Treasury, transmitting, pursuant to law, the June 9, 2008; to the Committee on Agri- retary of Energy, transmitting, pursuant to report of a rule entitled ‘‘Change of Account- culture, Nutrition, and Forestry. law, a report concerning operations at the ing Method for Contributions to Capital’’ EC–6587. A communication from the Con- Naval Petroleum Reserves for fiscal year (Rev. Rule 2008–30) received on June 9, 2008; gressional Review Coordinator, Animal and 2007; to the Committee on Energy and Nat- to the Committee on Finance. Plant Health Inspection Service, Department ural Resources. EC–6609. A communication from the Direc- of Agriculture, transmitting, pursuant to EC–6598. A communication from the Sec- tor, Regulations Policy and Management law, the report of a rule entitled ‘‘Mexican retary of Energy, transmitting, pursuant to Staff, Department of Health and Human Fruit Fly; Designation of Portion of Willacy law, a report entitled, ‘‘Department of En- Services, transmitting, pursuant to law, the County, TX, as a Quarantined Area’’ (Docket ergy Activities Relating to the Defense Nu- report of a rule entitled ‘‘Medical Devices; No. APHIS–2008–0057) received on June 16, clear Facilities Safety Board’’; to the Com- Immunology and Microbiology Devices; Clas- 2008; to the Committee on Agriculture, Nu- mittee on Energy and Natural Resources. sification of Plasmodium Species Antigen trition, and Forestry. EC–6599. A communication from the Ad- Detection Assays’’ (Docket No. FDA–2008–N– EC–6588. A communication from the Con- ministrator, Federal Emergency Manage- 0231); to the Committee on Health, Edu- gressional Review Coordinator, Animal and ment Agency, Department of Homeland Se- cation, Labor, and Pensions. Plant Health Inspection Service, Department curity, transmitting, pursuant to law, notifi- EC–6610. A communication from the Dep- of Agriculture, transmitting, pursuant to cation that response and recovery efforts in uty Administrator, Small Business Adminis- law, the report of a rule entitled ‘‘Temporary the State of Texas have exceeded the tration, transmitting, pursuant to law, the Importation of Horses; Noncompetitive En- $5,000,000 limit for a single emergency dec- Office of Inspector General’s Semiannual Re- tertainment Horses From Countries Affected laration; to the Committee on Environment port for the period of October 1, 2007, through With Contagious Equine Metritis’’ (Docket and Public Works . March 31, 2008; to the Committee on Home- No. APHIS–2006–0164) received on June 9, EC–6600. A communication from the Assist- land Security and Governmental Affairs. 2008; to the Committee on Agriculture, Nu- ant Secretary of the Army (Civil Works), EC–6611. A communication from the Chair- trition, and Forestry. transmitting, pursuant to law, a report on man, National Labor Relations Board, trans- EC–6589. A communication from the Direc- the re-authorization of the Upper Guadalupe mitting, pursuant to law, the Office of In- tor of the Regulatory Review Group, Depart- River flood damage reduction project; to the spector General’s Semiannual Report for the ment of Agriculture, transmitting, pursuant Committee on Environment and Public period of October 1, 2007, through March 31, to law, the report of a rule entitled ‘‘Cotton Works. 2008; to the Committee on Homeland Secu- World Price Determination’’ (RIN0560–AH78) EC–6601. A communication from the Direc- rity and Governmental Affairs. received on June 9, 2008; to the Committee tor, Regulatory Management Division, Envi- EC–6612. A communication from the Ad- on Agriculture, Nutrition, and Forestry. ronmental Protection Agency, transmitting, ministrator, U.S. Agency for International EC–6590. A communication from the Direc- pursuant to law, the report of a rule entitled Development, transmitting, pursuant to law, tor, Regulatory Management Division, Envi- ‘‘Protection of the Stratospheric Ozone: Al- the Office of Inspector General’s Semiannual ronmental Protection Agency, transmitting, ternatives for the Motor Vehicle Air Condi- Report for the period ending March 31, 2008; pursuant to law, the report of a rule entitled tioning Sector Under the Significant New Al- to the Committee on Homeland Security and ‘‘Flutolanil; Pesticide Tolerances’’ (FRL No. ternatives Policy Program’’ (FRL No. 8578–1) Governmental Affairs.

VerDate Aug 31 2005 01:35 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.009 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5656 CONGRESSIONAL RECORD — SENATE June 16, 2008 EC–6613. A communication from the White sachusetts as a component of the National sees, to provide for the exchange of certain House Liaison, Department of Justice, trans- Wild and Scenic Rivers System (Rept. No. Monument land in exchange for private land, mitting, pursuant to law, the report of a va- 110–355). to designate certain Monument land as wil- cancy in the position of U.S. Attorney of the By Mr. BINGAMAN, from the Committee derness, and for other purposes (Rept. No. Western District of Tennessee, received on on Energy and Natural Resources, with an 110–367). June 9, 2008; to the Committee on the Judici- amendment: S. 2512. A bill to establish the Mississippi ary. S. 900. A bill to authorize the Boy Scouts of Delta National Heritage Area in the State of EC–6614. A communication from the White America to exchange certain land in the Mississippi, and for other purposes (Rept. No. House Liaison, Department of Justice, trans- State of Utah acquired under the Recreation 110–368). mitting, pursuant to law, the report of a va- and Public Purposes Act (Rept. No. 110–356). By Mr. BINGAMAN, from the Committee cancy and designation of an acting officer for By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, without the position of Assistant Attorney General on Energy and Natural Resources, with an amendment: received on June 9, 2008; to the Committee amendment in the nature of a substitute: S. 2513. A bill to modify the boundary of on the Judiciary. S. 1281. A bill to amend the Wild and Sce- the Minute Man National Historical Park, EC–6615. A communication from the White nic Rivers Act to designate certain rivers and for other purposes (Rept. No. 110–369). House Liaison, Department of Justice, trans- and streams of the headwaters of the Snake By Mr. BINGAMAN, from the Committee mitting, pursuant to law, the report of the River System as additions to the National on Energy and Natural Resources, with an designation of an acting officer for the posi- Wild and Scenic Rivers System (Rept. No. amendment in the nature of a substitute: tion of Assistant Attorney General, received 110–357). S. 2593. A bill to establish a program at the on June 9, 2008; to the Committee on the Ju- S. 1380. A bill to designate as wilderness Forest Service and the Department of the In- diciary. certain land within the Rocky Mountain Na- terior to carry out collaborative ecological EC–6616. A communication from the Presi- tional Park and to adjust the boundaries of restoration treatments for priority forest dent of the United States, transmitting, pur- the Indian Peaks Wilderness and the Arap- landscapes on public land, and for other pur- suant to law, a report relative to operations aho National Recreation Area of the Arap- poses (Rept. No. 110–370). in support of the war on terror and in aho National Forest in the State of Colorado S. 2604. A bill to establish the Baltimore Kosovo; to the Committee on Foreign Rela- (Rept. No. 110–358). National Heritage Area in the State of Mary- tions. By Mr. BINGAMAN, from the Committee land, and for other purposes (Rept. No. 110– on Energy and Natural Resources, with an 371). f amendment: S. 2804. A bill to adjust the boundary of the REPORTS OF COMMITTEES S. 1633. A bill to authorize the Secretary of Everglades National Park, and for other pur- poses (Rept. No. 110–372). The following reports of committees the Interior to conduct a special resource study to determine the suitability and feasi- By Mr. BINGAMAN, from the Committee were submitted: bility of including the battlefield and related on Energy and Natural Resources, without By Mr. BINGAMAN, from the Committee sites of the Battle of Shepherdstown in amendment: S. 2814. A bill to authorize the Secretary of on Energy and Natural Resources, with an Shepherdstown, West Virginia, as part of the Interior to provide financial assistance amendment in the nature of a substitute: Harpers Ferry National Historical Park or to the Eastern New Mexico Rural Water Au- S. 570. A bill to designate additional Na- Antietam National Battlefield, and for other thority for the planning, design, and con- tional Forest System lands in the State of purposes (Rept. No. 110–359). struction of the Eastern New Mexico Rural Virginia as wilderness or a wilderness study By Mr. BINGAMAN, from the Committee Water System, and for other purposes (Rept. area, to designate the Kimberling Creek Po- on Energy and Natural Resources, without No. 110–373). tential Wilderness Area for eventual incorpo- amendment: By Mr. BINGAMAN, from the Committee ration in the Kimberling Creek Wilderness, S. 1929. A bill to authorize the Secretary of on Energy and Natural Resources, with an to establish the Seng Mountain and Bear the Interior, acting through the Commis- Creek Scenic Areas, to provide for the devel- amendment in the nature of a substitute: sioner of Reclamation, to conduct a feasi- S. 2833. A bill to provide for the manage- opment of trail plans for the wilderness bility study of water augmentation alter- ment of certain public land in Owyhee Coun- areas and scenic areas, and for other pur- natives in the Sierra Vista Subwatershed ty, Idaho, and for other purposes (Rept. No. poses (Rept. No. 110–349). (Rept. No. 110–360). By Mr. BINGAMAN, from the Committee 110–374). S. 2124. A bill to direct the Secretary of By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an Agriculture to convey certain land in the on Energy and Natural Resources, without amendment in the nature of a substitute and Beaverhead-Deerlodge National Forest, Mon- amendment: an amendment to the title: tana, to Jefferson County, Montana, for use H.R. 123. A bill to authorize appropriations S. 617. A bill to make the National Parks as a cemetery (Rept. No. 110–361). for the San Gabriel Basin Restoration Fund and Federal Recreational Lands Pass avail- By Mr. BINGAMAN, from the Committee (Rept. No. 110–375). able at a discount to certain veterans (Rept. on Energy and Natural Resources, with an By Mr. BINGAMAN, from the Committee No. 110–350). amendment in the nature of a substitute: on Energy and Natural Resources, with an By Mr. BINGAMAN, from the Committee S. 2207. A bill to direct the Secretary of the amendment in the nature of a substitute: on Energy and Natural Resources, with an Interior to study the suitability and feasi- H.R. 189. A bill to establish the Paterson amendment in the nature of a substitute: bility of designating Green McAdoo School Great Falls National Historical Park in the S. 662. A bill to authorize the Secretary of in Clinton, Tennessee, as a unit of the Na- State of New Jersey and for other purposes the Interior to conduct a special resource tional Park System, and for other purposes (Rept. No. 110–376). study to evaluate resources at the Harriet (Rept. No. 110–362). H.R. 356. A bill to remove certain restric- Beecher Stowe House in Brunswick, Maine, S. 2229. A bill to withdraw certain Federal tions on the Mammoth Community Water to determine the suitability and feasibility land in the Wyoming Range from leasing and District’s ability to use certain property ac- of establishing the site as a unit of the Na- provide an opportunity to retire certain quired by that District from the United tional Park System, and for other purposes leases in the Wyoming Range (Rept. No. 110– States (Rept. No. 110–377). (Rept. No. 110–351). 363). By Mr. BINGAMAN, from the Committee S. 783. A bill to adjust the boundary of the S. 2254. A bill to establish the Mississippi on Energy and Natural Resources, without Barataria Preserve Unit of the Jean Lafitte Hills National Heritage Area in the State of amendment: National Historical Park and Preserve in the Mississippi, and for other purposes (Rept. No. H.R. 523. A bill to require the Secretary of State of Louisiana, and for other purposes 110–364). the Interior to convey certain public land lo- (Rept. No. 110–352). S. 2262. A bill to authorize the Preserve cated wholly or partially within the bound- S. 827. A bill to establish the Freedom’s America Program and Save America’s Treas- aries of the Wells Hydroelectric Project of Way National Heritage Area in the States of ures Program, and for other purposes (Rept. Public Utility District No. 1 of Douglas Massachusetts and New Hampshire, and for No. 110–365). County, Washington, to the utility district other purposes (Rept. No. 110–353). By Mr. BINGAMAN, from the Committee (Rept. No. 110–378) . By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an H.R. 1285. A bill to provide for the convey- on Energy and Natural Resources, with amendment: ance of a parcel of National Forest System amendments: S. 2370. A bill to clear title to certain real land in Kittitas County, Washington, to fa- S. 832. A bill to provide for the sale of ap- property in New Mexico associated with the cilitate the construction of a new fire and proximately 25 acres of public land to the Middle Rio Grande Project, and for other rescue station, and for other purposes (Rept. Turnabout Ranch, Escalante, Utah, at fair purposes (Rept. No. 110–366). No. 110–379). market value (Rept. No. 110–354). By Mr. BINGAMAN, from the Committee H.R. 1311. To provide for the conveyance of By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an the Alta-Hualapai Site to the Nevada Cancer on Energy and Natural Resources, with an amendment in the nature of a substitute: Institute, and for other purposes (Rept. No. amendment in the nature of a substitute: S. 2379. A bill to authorize the Secretary of 110–380). S. 868. A bill to amend the Wild and Scenic the Interior to cancel certain grazing leases By Mr. BINGAMAN, from the Committee Rivers Act to designate segments of the on land in Cascade-Siskiyou National Monu- on Energy and Natural Resources, with an Taunton River in the Commonwealth of Mas- ment that are voluntarily waived by the les- amendment in the nature of a substitute:

VerDate Aug 31 2005 00:43 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.012 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5657 H.R. 1483. A bill to amend the Omnibus and second times by unanimous con- S. 1492 Parks and Public Lands Management Act of sent, and referred as indicated: At the request of Mr. INOUYE, the 1996 to extend the authorization for certain By Mr. BIDEN: name of the Senator from Oregon (Mr. national heritage areas, and for other pur- S. 3136. A bill to encourage the entry of fel- SMITH) was added as a cosponsor of S. poses (Rept. No. 110–381). ony warrants into the NCIC database by H.R. 1528. A bill to amend the National 1492, a bill to improve the quality of States and provide additional resources for Trails System Act to designate the New Eng- federal and state data regarding the extradition; to the Committee on the Judici- land National Scenic Trail, and for other availability and quality of broadband ary. purposes (Rept. No. 110–382). services and to promote the deploy- By Mr. BINGAMAN, from the Committee By Mrs. FEINSTEIN: S. 3137. A bill for the relief of Jorge Rojas ment of affordable broadband services on Energy and Natural Resources, with an Gutierrez, Oliva Gonzalez Gonzalez, and to all parts of the Nation. amendment: H.R. 1725. A bill to amend the Reclamation Jorge Rojas Gonzalez; to the Committee on S. 1926 Wastewater and Groundwater Study and Fa- the Judiciary. At the request of Mr. DODD, the name By Mr. SMITH (for himself, Mr. NEL- cilities Act to authorize the Secretary of the of the Senator from Illinois (Mr. DUR- SON of Florida, Mr. PRYOR, and Ms. Interior to participate in the Rancho Cali- BIN) was added as a cosponsor of S. 1926, fornia Water District Southern Riverside SNOWE): S. 3138. A bill to prohibit text message a bill to establish the National Infra- County Recycled Non-Potable Distribution spam; to the Committee on Commerce, structure Bank to provide funding for Facilities and Demineralization Desalination Science, and Transportation. Recycled Water Treatment and Reclamation qualified infrastructure projects, and By Mrs. CLINTON: Facility Project (Rept. No. 110–383). for other purposes. S. 3139. A bill to provide for greater ac- By Mr. BINGAMAN, from the Committee S. 2510 countability and transparency in the Federal on Energy and Natural Resources, without At the request of Ms. LANDRIEU, the amendment: contracting process, and for other purposes; H.R. 1855. A bill to authorize the Secretary to the Committee on Homeland Security and name of the Senator from Minnesota of the Interior, acting through the Bureau of Governmental Affairs. (Mr. COLEMAN) was added as a cospon- Reclamation to enter into a cooperative By Mr. WEBB (for himself, Mr. WAR- sor of S. 2510, a bill to amend the Pub- agreement with the Madera Irrigation Dis- NER, Mrs. CLINTON, Mr. SCHUMER, Ms. lic Health Service Act to provide re- trict for purposes of supporting the Madera MIKULSKI, Mr. SANDERS, Mr. CARDIN, vised standards for quality assurance Water Supply Enhancement Project (Rept. Mr. DURBIN, and Mr. KERRY): in screening and evaluation of No. 110–384). S. 3140. A bill to provide that 4 of the 21 weeks of parental leave made available to a gynecologic cytology preparations, and H.R. 2085. A bill to authorize the Secretary for other purposes. of the Interior to convey to the McGee Creek Federal employee shall be paid leave, and for Authority certain facilities of the McGee other purposes; to the Committee on Home- S. 2569 Creek Project, Oklahoma, and for other pur- land Security and Governmental Affairs. At the request of Mrs. BOXER, the poses (Rept. No. 110–385). f name of the Senator from Maryland H.R. 2197. A bill to modify the boundary of SUBMISSION OF CONCURRENT AND (Mr. CARDIN) was added as a cosponsor the Hopewell Culture National Historical of S. 2569, a bill to amend the Public Park in the State of Ohio, and for other pur- SENATE RESOLUTIONS Health Service Act to authorize the Di- poses (Rept. No. 110–386). The following concurrent resolutions rector of the National Cancer Institute By Mr. BINGAMAN, from the Committee and Senate resolutions were read, and to make grants for the discovery and on Energy and Natural Resources, with an referred (or acted upon), as indicated: amendment in the nature of a substitute: validation of biomarkers for use in risk H.R. 2515. A bill to authorize appropria- By Mrs. LINCOLN (for herself, Mrs. stratification for, and the early detec- tions for the Bureau of Reclamation to carry HUTCHISON, and Mr. LEAHY): tion and screening of, ovarian cancer. out the Lower Colorado River Multi-Species S. Res. 595. A resolution designating Sep- Conservation Program in the States of Ari- tember 2008 as ‘‘Gospel Music Heritage S. 2619 zona, California, and Nevada, and for other Month’’ and honoring gospel music for its At the request of Mr. COBURN, the purposes (Rept. No. 110–387). valuable and longstanding contributions to names of the Senator from Alabama H.R. 2627. A bill to establish the Thomas the culture of the United States; considered (Mr. SHELBY) and the Senator from and agreed to. Edison National Historical Park in the State Kansas (Mr. BROWNBACK) were added as of New Jersey as the successor to the Edison f cosponsors of S. 2619, a bill to protect National Historic Site (Rept. No. 110–388). By Mr. BINGAMAN, from the Committee ADDITIONAL COSPONSORS innocent Americans from violent crime in national parks. on Energy and Natural Resources, without S. 186 amendment: At the request of Mr. SPECTER, the S. 2736 H.R. 3332. A bill to provide for the estab- name of the Senator from Delaware At the request of Mr. KOHL, the name lishment of a memorial within Kalaupapa of the Senator from Vermont (Mr. National Historical Park located on the is- (Mr. CARPER) was added as a cosponsor land of Molokai, in the State of Hawaii, to of S. 186, a bill to provide appropriate LEAHY) was added as a cosponsor of S. honor and perpetuate the memory of those protection to attorney-client privi- 2736, a bill to amend section 202 of the individuals who were forcibly relocated to leged communications and attorney Housing Act of 1959 to improve the pro- the Kalaupapa Peninsula from 1866 to 1969, work product. gram under such section for supportive and for other purposes (Rept. No. 110–389) . S. 746 housing for the elderly, and for other By Mr. BINGAMAN, from the Committee purposes. on Energy and Natural Resources, with an At the request of Mr. ALLARD, the S. 2892 amendment in the nature of a substitute: name of the Senator from New York H.R. 3998. A bill to authorize the Secretary (Mrs. CLINTON) was added as a cospon- At the request of Mr. LEAHY, the of the Interior to conduct special resources sor of S. 746, a bill to establish a com- name of the Senator from Maryland studies of certain lands and structures to de- petitive grant program to build capac- (Mr. CARDIN) was added as a cosponsor termine the appropriate means for preserva- ity in veterinary medical education of S. 2892, a bill to promote the pros- tion, use, and management of the resources and expand the workforce of veterinar- ecution and enforcement of frauds associated with such lands and structures against the United States by sus- (Rept. No. 110–390). ians engaged in public health practice By Mr. BINGAMAN, from the Committee and biomedical research. pending the statute of limitations dur- on Energy and Natural Resources, with S. 1232 ing times when Congress has author- amendments: At the request of Mr. DODD, the name ized the use of military force. H.R. 5151. A bill to designate as wilderness of the Senator from New Jersey (Mr. S. 2920 additional National Forest System lands in LAUTENBERG) was added as a cosponsor At the request of Mr. KERRY, the the Monongahela National Forest in the State of West Virginia, and for other pur- of S. 1232, a bill to direct the Secretary names of the Senator from Connecticut poses (Rept. No. 110–391). of Health and Human Services, in con- (Mr. LIEBERMAN) and the Senator from f sultation with the Secretary of Edu- South Dakota (Mr. THUNE) were added cation, to develop a voluntary policy as cosponsors of S. 2920, a bill to reau- INTRODUCTION OF BILLS AND for managing the risk of food allergy thorize and improve the financing and JOINT RESOLUTIONS and anaphylaxis in schools, to estab- entrepreneurial development programs The following bills and joint resolu- lish school-based food allergy manage- of the Small Business Administration, tions were introduced, read the first ment grants, and for other purposes. and for other purposes.

VerDate Aug 31 2005 00:43 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.016 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5658 CONGRESSIONAL RECORD — SENATE June 16, 2008 S. 3012 International Whaling Commission, Unless a warrant is entered into the At the request of Mr. LEAHY, the should use all appropriate measures to national database, a sheriff or police name of the Senator from Pennsyl- end commercial whaling in all of its officer who stops a fugitive has no way vania (Mr. CASEY) was added as a co- forms and seek to strengthen measures of knowing that he is wanted in an- sponsor of S. 3012, a bill to amend title to conserve whale species. other jurisdiction—sometimes for a I of the Omnibus Crime Control and S. RES. 575 violent crime. Many fugitives go on to Safe Streets Act of 1968 to extend the At the request of Mr. STEVENS, the commit additional crimes in other authorization of the Bulletproof Vest name of the Senator from Kansas (Mr. States. Some know that if they can Partnership Grant Program through ROBERTS) was added as a cosponsor of flee across State lines, there’s a good fiscal year 2012. S. Res. 575, a resolution expressing the chance they can—in some cases—get S. 3022 support of the Senate for veteran en- away with murder. This is inexcusable. At the request of Mr. LEVIN, the trepreneurs. I have heard a range of reasons why name of the Senator from Maryland S. RES. 580 State and local law enforcement have (Mr. CARDIN) was added as a cosponsor At the request of Mr. BAYH, the not been entering felony warrants into of S. 3022, a bill to amend the Federal names of the Senator from South Da- the national database. Some reasons Water Pollution Control Act to pro- kota (Mr. JOHNSON), the Senator from are valid. For instance, if law enforce- hibit the sale of dishwashing detergent Connecticut (Mr. LIEBERMAN), the Sen- ment is using a person suspected of a in the United States if the detergent ator from South Carolina (Mr. felony as an informant, it’s under- contains a high level of phosphorus. DEMINT), the Senator from New Jersey standable that they would not want to S. 3032 (Mr. MENENDEZ) and the Senator from enter the informant’s name into the At the request of Mr. SCHUMER, the Minnesota (Mr. COLEMAN) were added database. name of the Senator from Connecticut as cosponsors of S. Res. 580, a resolu- Many jurisdictions don’t enter war- (Mr. DODD) was added as a cosponsor of tion expressing the sense of the Senate rants into the national database, how- S. 3032, a bill to increase the standard on preventing Iran from acquiring a ever, simply because they don’t have mileage rate for use of an automobile nuclear weapons capability. the time and resources to update and validate warrant entries, which is a for business, medical, and moving de- f duction purposes for 2008 and perma- resource- and time-intensive process. nently increase such rate for charitable STATEMENTS ON INTRODUCED Fortunately, the burden of warrant deduction purposes under the Internal BILLS AND JOINT RESOLUTIONS entry and validation can be alleviated. Revenue Code of 1986 and to tempo- By Mr. BIDEN: By developing new databases, or by up- rarily increase the reimbursement rate S. 3136. A bill to encourage the entry grading existing ones, to ensure com- for use of an automobile by Federal of felony warrants into the NCIC data- patibility and interoperability with the employees. base by States and provide additional national database, State and local law S. 3044 resources for extradition; to the Com- enforcement can facilitate information sharing and seamless warrant entry At the request of Mr. REID, the name mittee on the Judiciary. of the Senator from New Jersey (Mr. Mr. BIDEN. Mr. President, I rise into databases at all levels of govern- ment. With additional resources to hire MENENDEZ) was added as a cosponsor of today to introduce the Fugitive Infor- S. 3044, a bill to provide energy price mation Networked Database Act of personnel for the validation process, relief and hold oil companies and other 2008, or the FIND Act. This bill pro- State and local law enforcement can entities accountable for their actions vides resources to law enforcement to enter felony warrants into the national with regard to high energy prices, and ensure the entry of felony warrants database without worrying about not for other purposes. into the national FBI database and to having the resources to validate them. The FIND Act addresses the problem S. 3061 assist in tracking down and extraditing of warrant backlogs by providing State At the request of Mr. BROWNBACK, the fugitives. It helps ensure that fugitives and local law enforcement with the re- name of the Senator from Utah (Mr. who flee their States will be located, sources necessary to develop and up- HATCH) was added as a cosponsor of S. apprehended, and brought to justice. It grade their systems, and hire addi- 3061, a bill to authorize appropriations protects our communities by taking tional personnel to perform the valida- for fiscal years 2008 through 2011 for the dangerous criminals off the streets. tion process. Specifically, it authorizes Trafficking Victims Protection Act of According to a recent series of arti- $25 million for fiscal years 2009 and 2010 2000, to enhance measures to combat cles in the St. Louis Post-Dispatch, for grants to States to develop new sys- trafficking in persons, and for other anywhere from 1.9 million to 2.7 mil- tems or upgrade existing systems so purposes. lion felony fugitives are on the run from law enforcement. When State and that they are interoperable with the S. 3108 local law enforcement issue a warrant NCIC database. At the request of Mr. KERRY, the for a fugitive’s arrest, they are ex- Another reason law enforcement name of the Senator from Washington pected to enter it into the FBI’s Na- doesn’t enter felony warrants into the (Mrs. MURRAY) was added as a cospon- tional Crime Information Center data- national database is concern that the sor of S. 3108, a bill to require the base as well as into their own State State will not have the resources to ex- President to call a White House Con- and local databases. The national data- tradite the fugitive if he is found out- ference on Food and Nutrition. base is accessible to all State and local side the State’s borders. Helping State S. 3111 law enforcement agencies, which use and local agencies enter their felony At the request of Mr. WICKER, the the national database to track fugi- warrants into the national database is names of the Senator from Oklahoma tives around the country. therefore only half the battle. We also (Mr. COBURN) and the Senator from The national database is only as good need to ensure that when a dangerous Colorado (Mr. ALLARD) were added as as the information that States enter fugitive is caught, the jurisdiction in cosponsors of S. 3111, a bill to imple- into it, however. Too often, State and which he is wanted can work with the ment equal protection under the 14th local law enforcement agencies enter U.S. Marshals Service to extradite him article of amendment to the Constitu- warrants into the State and local data- to face justice. tion for the right of life of each born bases, but not into the national data- While I was drafting this bill, I spoke and preborn human person. base. It is estimated that more than a to one sheriff who apprehended an indi- S. CON. RES. 86 third of all felony warrants have not vidual wanted for rape in another At the request of Mr. KERRY, the been entered into the national data- State. The sheriff notified that State name of the Senator from Maryland base. That means anywhere from that he had their criminal in custody, (Mr. CARDIN) was added as a cosponsor 800,000 to 1.6 million wanted felons can but when the State said they didn’t of S. Con. Res. 86, a concurrent resolu- escape justice and remain at large in have the resources to extradite him, tion expressing the sense of Congress our communities simply by crossing the sheriff had no choice but to free the that the United States, through the State lines. rapist into his community.

VerDate Aug 31 2005 00:43 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.017 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5659 When we in Congress do not provide Information Center database. The grant the National Crime Information Center data- law enforcement with the basic re- funds may also be used to hire additional base, and, with respect to felony warrants sources they need to extradite dan- personnel, as needed, for the validation of not entered into the National Crime Infor- gerous criminals like this, we fail in warrants entered into the National Crime In- mation Center database, the reasons for not formation Center database. entering such warrants. On an annual basis, our most basic duty to those we rep- (b) ELIGIBILITY.—In order to be eligible for the Attorney General shall submit to the resent—the duty to protect them from a grant authorized under subsection (a), a House and Senate Committees on the Judici- violent crime. State shall submit to the United States At- ary a report containing the information re- The U.S. Marshals Service is on the torney General— ceived from the States under this subsection. front lines of fugitive apprehension and (1) a plan to develop and implement, or up- SEC. 6. ADDITIONAL RESOURCES FOR FUGITIVE extradition. We authorized funds sev- grade, systems described in subsection (a); TASK FORCES AND EXTRADITION. eral years ago for the development of (2) a report that— (a) PRESIDENTIAL THREAT PROTECTION ACT Regional Fugitive Task Forces that (A) details the number of felony warrants OF 2000.—Section 6(b) of the Presidential outstanding in the State; combine the resources and expertise of Threat Protection Act of 2000 (28 U.S.C. 566 (B) describes any backlog of warrants that note) is amended by adding at the end the State and local law enforcement and have not been entered into the State and following: ‘‘There are authorized to be appro- the U.S. Marshals Service. These task local warrant databases or into the National priated to the Attorney General for the forces have been very successful and Crime Information Center database, over the United States Marshals Service to carry out could do much more to track down and preceding 3 years (including the number of the provisions of this section $20,000,000 for extradite fugitives if they had the such felony warrants); fiscal year 2009 and $10,000,000 for each of the proper resources. (C) explains the reasons for the failure of fiscal years 2010 through 2014.’’ My bill authorizes an additional $20 State and local government agencies to (b) JUSTICE PRISONER AND ALIEN TRANS- enter felony warrants into the National million in fiscal year 2009 to fund exist- PORT SYSTEM.—There are authorized to be Crime Information Center database; and appropriated to the Attorney General for the ing and develop new regional task (D) demonstrates that State and local gov- United States Marshals Service $3,000,000 for forces, and it provides $10 million for ernment agencies have made good faith ef- each of fiscal years 2009 through 2014 to as- fiscal years 2010 through 2014. It also forts to eliminate any such backlog; and sist in extradition of fugitives through the authorizes $3 million for each of fiscal (3) guidelines for warrant entry by State Justice Prisoner and Alien Transport Sys- years 2009 through 2014 to assist in the and local government agencies that will en- tem. extradition of fugitives through the sure that felony warrants entered into State Justice Prisoner and Alien Transport and local warrant databases will also be en- By Mrs. FEINSTEIN: tered into the National Crime Information S. 3137. A bill for the relief of Jorge System. Center database and explain the cir- The FIND Act provides essential re- Rojas Gutierrez, Oliva Gonzalez Gon- cumstances in which, as a matter of policy, zalez, and Jorge Rojas Gonzalez; to the sources to locate, capture, and bring to certain felony warrants will not be entered justice dangerous fugitives. It takes into the National Crime Information Center Committee on the Judiciary. commonsense steps to protect our com- database. Mrs. FEINSTEIN. Mr. President, munities from rapists, murderers, and (c) AUTHORIZATION.—There are authorized today I am introducing a private relief other violent criminals who have fled to be appropriated to the Attorney General bill on behalf of Jorge Rojas Gutierrez, across State lines. I urge my colleagues $25,000,000 for each of the fiscal years 2009 his wife, Oliva Gonzalez Gonzalez and and 2010 for grants to State and local govern- their son, Jorge Rojas Gonzalez. The to support it. ment agencies for resources to carry out the Mr. President, I ask unanimous con- Rojas family are Mexican nationals liv- requirements of this section. ing in the San Jose area of California. sent that the text of the bill be printed SEC. 4. FBI COORDINATION. in the RECORD. The story of the Rojas family is com- The Federal Bureau of Investigation shall pelling and I believe they merit Con- There being no objection, the text of provide to State and local government agen- the bill was ordered to be printed in cies the technological standard that ensures gress’ special consideration for such an the RECORD, as follows: compatibility and interoperability of all extraordinary form of relief as a pri- S. 3136 State and local warrant databases with the vate bill. National Crime Information Center data- Be it enacted by the Senate and House of Rep- Mr. Rojas and his wife Ms. Gonzalez base. resentatives of the United States of America in originally came to the United States in Congress assembled, SEC. 5. REPORT REGARDING FELONY WARRANT 1990 when their son Jorge Rojas, Jr. ENTRY. SECTION 1. SHORT TITLE. was just 2 years old. In 1995, they left (a) IN GENERAL.—Not later than 270 days This Act may be cited as the ‘‘Fugitive In- the country to attend a funeral, and after the date of the enactment of this Act, formation Networked Database Act of 2008’’ then re-entered on visitor’s visas. The the Comptroller General of the United States or the ‘‘FIND Act’’. shall submit to the House and Senate Com- family has since expanded to include a SEC. 2. DEFINITION. mittees on the Judiciary a report regard- son, Alexis Rojas now age 15 and a In this Act, the term ‘‘National Crime In- ing— daughter Tania Rojas now age 14. formation Center database’’ is the computer- (1) the number of felony warrants cur- Since arriving in the United States, ized index of criminal justice information rently active in each State; this family has dedicated themselves operated by the Federal Bureau of Investiga- (2) the number of those felony warrants to community involvement, a strong tion pursuant to section 534 of title 28, that State and local government agencies United States Code, and available to Fed- work ethic and volunteerism. They have entered into the National Crime Infor- have been paying taxes since their ar- eral, State, and local law enforcement and mation Center database; other criminal justice agencies. (3) the number of times State and local law rival in 1990. The family has been de- SEC. 3. GRANTS TO ENCOURAGE STATES TO enforcement in each State has been con- scribed by their friends and colleagues ENTER FELONY WARRANTS. tacted regarding a fugitive apprehended in as a ‘‘model American family.’’ I would (a) STATE SYSTEM.—A State Attorney Gen- another State over the preceding 3 years; like to tell you some more about each eral may, in consultation with local law en- and member of the Rojas family. forcement and any other relevant govern- (4) the number of fugitives from each State Mr. Rojas is a hard-working indi- ment agencies, apply for a grant from the who were apprehended in other States over United States Attorney General to— vidual who has been employed by Val- the preceding 3 years but not extradited. ley Crest Landscape Maintenance in (1) develop and implement secure, elec- (b) ASSISTANCE.—To assist in the prepara- tronic warrant management systems that tion of the report required by subsection (a), San Jose, California, for the past 14 permit the prompt preparation, submission, the Attorney General shall provide the years. Currently, Mr. Rojas works on and validation of warrants and are compat- Comptroller General of the United States commercial landscaping projects. He is ible and interoperable with the National with access to any information collected and well-respected by his supervisor and his Crime Information Center database; or reviewed in connection with the grant appli- peers. (2) upgrade existing electronic warrant cation process described in section 3. In addition to supporting his family, management systems to ensure compat- (c) REPORT TO THE ATTORNEY GENERAL.— ibility and interoperability with the Na- Jorge has volunteered his time and tal- States that receive grants under section 3 ents to provide modern green land- tional Crime Information Center database; shall, as a condition of receiving the grant, to facilitate information sharing and to en- report to the Attorney General on an annual scaping and a recreational jungle gym sure that felony warrants entered into State basis the number of felony warrants entered to Sherman Oaks Community Charter and local warrant databases can be auto- into the State and local warrant databases, School, where his two youngest chil- matically entered into the National Crime the number of felony warrants entered into dren attend school.

VerDate Aug 31 2005 01:35 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.024 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5660 CONGRESSIONAL RECORD — SENATE June 16, 2008 Ms. Gonzalez, in addition to raising Gonzalez, and Jorge Rojas Gonzalez shall plication for cancellation of removal, we her three children, has been very active each be eligible for the issuance of an immi- were misled, we were told that its only a way in the local community. She has grant visa or for adjustment of status to that to get a hearing with an immigration judge worked to help other immigrants as- of an alien lawfully admitted for permanent and because we were in the U.S.A. for more residence upon filing an application for than 10 years and we have 2 citizen kids will similate to American life by working issuance of an immigrant visa under section be a lot easier, afterwards we found out that as a translator and a tutor for immi- 204 of such Act or for adjustment of status to this person was not a lawyer and he was a grant children at Sherman Oaks Com- lawful permanent resident. notary, whom only submit political asylum munity Charter School and the (b) ADJUSTMENT OF STATUS.—If Jorge Rojas applications and then turn everything to a Y.M.C.A. Kids after-school program. Gutierrez, Oliva Gonzalez Gonzalez, and lawyers that represent us in the hearings. A She has also coached soccer teams, Jorge Rojas Gonzalez enters the United lot of trips to L.A. but one day received a and has recently directed a Second States before the filing deadline specified in call telling me that me case was move out to Harvest food drive for the school. Ms. subsection (c), Jorge Rojas Gutierrez, Oliva San Francisco and the next hearing will be Gonzalez Gonzalez, and Jorge Rojas Gonzalez there. Gonzalez also devotes many hours of shall be considered to have entered and re- At the first hearing in San Francisco the her time to the organization People mained lawfully in the United States and Judge instructed me to get a lawyer that Acting in Community Together PACT, shall be eligible for adjustment of status represent us in the upcoming process. We where she works to prevent crime, under section 245 of the Immigration and Na- hire a lawyer with immigration speciality, a gangs and drug dealing in San Jose tionality Act (8 U.S.C. 1255) as of the date of real lawyer, it was on March 2003. He rep- neighborhoods and schools. the enactment of this Act. resent us I think the best way that he could, Perhaps one of the most compelling (c) DEADLINE FOR APPLICATION AND PAY- after almost 3 years on April 2006, we were MENT OF FEES.—Subsections (a) and (b) shall reasons for permitting the family to re- denied to stay and granted with voluntary apply only if the application for the issuance departure within 60 days, this happen on main in the United States is the im- of an immigrant visa or the application for April 2006. pact their deportation would have on adjustment of status is filed with appro- Still we had another chance; appeal to the their three children. Two of the chil- priate fees not later than 2 years after the Court of Appeals for the Ninth Circuit, so in dren, Alexis Rojas age 15 and Tania date of the enactment of this Act. May 2006, we hired another lawyer with bet- Rojas age 14, are U.S. citizens. Jorge (d) REDUCTION OF IMMIGRANT VISA NUM- ter knowledge in appeals. Our efforts to stay Rojas, Jr. has lived in the United BERS.—Upon granting an immigrant visa or legally here never give up. States since he was a toddler. For permanent residence to Jorge Rojas Gutier- On February 24, 2008 we received a decision rez, Oliva Gonzalez Gonzalez, and Jorge these children, this country is the only from the Board of Immigration Appeals say- Rojas Gonzalez, the Secretary of State shall ing that we have to leave the country vol- country they really know. instruct the proper officer to reduce by 3, untary in the remaining 32 days after the Jorge Rojas, Jr. is currently working during the current or next following fiscal final decision that will be made on March 17, at Jamba Juice. He graduated from Del year, the total number of immigrant visas 2008. Mar High School in 2007 and has been that are made available to natives of the Now our last hope is if you can help us. accepted to San Jose City College. country of birth of Jorge Rojas Gutierrez, We are a very close family that always However, his dreams and aspirations Oliva Gonzalez Gonzalez, and Jorge Rojas been working and doing voluntary jobs and have been placed on hold because he re- Gonzalez under section 203(a) of the Immi- time to the community where for 14 years we gration and Nationality Act or, if applicable, mains subject to deportation. belong participating not only with our kids, the total number of immigrant visas that are we were among parents and teacher helping. Alexis and Tania Rojas are students made available to natives of the country of My wife Oliva has been a soccer coach and at Sherman Oaks Community Charter birth of Jorge Rojas Gutierrez, Oliva Gon- she is involved in the community association School. They are described by their zalez Gonzalez, and Jorge Rojas Gonzalez named ‘‘PACT’’ (Parents Acting in Commu- teachers as ‘‘fantastic, wonderful and under section 202(e) of such Act. nity Together), helping too in the distribu- gifted’’ students. In fact, the principal tion of food with ‘‘The Second Harvest Food at Sherman Oaks has described all SAN JOSE, CA, Program’’. Myself I was a soccer coach too three of the children as ‘‘honest, hard- March 14, 2008. and involved in a lot of jobs done to the Hon. DIANE FEINSTEIN, working academic honor students’’ and Sherman Oaks Charter School, were my Post Street, three kids attended. has commended all of them for their San Francisco, CA. My kids now are emotionally affected be- on-campus leadership. DEAR SENATOR FEINSTEIN: We are the Rojas cause they can not understand all that is It seems so clear to me that this fam- Family: Jorge Rojas, Sr., 43 years old, super- happening to us and of course to them, for ily has embraced the American dream visor, Valley Crest Landscape Co.; Oliva me is really hard to explain them. and their continued presence in our Rojas, 40 years old, tutor, Sherman Oaks Even so we all know the decision that had country would do so much to enhance Charter School; Jorge Rojas 19 years old, been made, we keep on going everything; the values we hold dear. I have received son; Alexis Rojas, 15 years old, son; and work, school and time together as a family. Tania Rojas, 14 years old, daughter. 30 letters from the community in sup- We have our hopes and faith in something or The reason for this letter is to ask for your somebody that is going to help us to stay in port of this family. Enactment of the help on our immigration status. The U.S.A. legislation I have introduced today will We came to the U.S.A. in 1990, there were I am pretty sure that with your help my enable the Rojas family to continue to three in the family at that time: my wife whole family will keep this faith, hopes and make significant contributions to their Oliva, my son Jorge, he was l-year and 5 dreams going and we will be part of this community as well as the United months old, and myself. Years later Alexis great country. States. and Tania were born in California. I want to say ahead that myself and my After a long immigration process we were family are deeply grateful for you time and I ask my colleagues to support this denied to stay in the U.S.A. and now we are private bill. for whatever you can do for us. facing a voluntary departure schedule on or Thank you so much. Mr. President, I ask unanimous con- before April 18, 2008, in the meantime we are JORGE ROJAS. sent that the text of the bill and let- asking to extend our departure until the kids Update on this letter ters of support be printed in the finish the school year that ends on June 13, MARCH 19, 2008. RECORD. 2008. There being no objection, the mate- Our main goal is to stay in the U.S.A. as On March 17, 2008 we were granted by de legal residents, my kids were born here and I.C.E. Office with 60 days more until my kids rial was ordered to be printed in the grew up here, even my son Jorge was too can finish the school year, now our vol- RECORD, as follows: young to remember were he was born, this is untary departure is schedule on or before S. 3137 all that they have ever known. What I want June 18, 2008. That gives us more comfort Be it enacted by the Senate and House of Rep- the most now is that my kids keep going and time; hoping that you can help us. resentatives of the United States of America in with their hopes and dreams and be able to Thanks again for your time and help. Congress assembled, stay in school and someday be great citizens JORGE ROJAS. SECTION 1. PERMANENT RESIDENT STATUS FOR in this Great Country. JORGE ROJAS GUTIERREZ, OLIVA After several changes in immigration laws, HOUSE OF REPRESENTATIVES, GONZALEZ GONZALEZ, AND JORGE we started a legal process trying to get a Washington, DC, June 13, 2008. ROJAS GONZALEZ. legal residence in this country. One day we Senator DIANNE FEINSTEIN, (a) IN GENERAL.—Notwithstanding sub- knew thru other people that someone in the Hart Senate Office Building, sections (a) and (b) of section 201 of the Im- Los Angeles area could help us out to get a Washington, DC. migration and Nationality Act (8 U.S.C. legal residence, wrongly we started a polit- DEAR SENATOR FEINSTEIN: In late Feb- 1151), Jorge Rojas Gutierrez, Oliva Gonzalez ical asylum process, that later will be an ap- ruary, staff from my office met with Jorge

VerDate Aug 31 2005 01:35 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.021 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5661 Rojas and his wife, Oliva Gonzalez Rojas in We would appreciate your thoughtful con- selves. Thousands of PACT-trained, volun- regards to their immigration case and that sideration of this request. teer community leaders have worked to- of their son, Jorge Rojas Gonzalez. After ex- Sincerely, gether across ethnic, religious and socio-eco- hausting all appeals to the decision of the NADA DUNA, nomic lines to create innovative and effec- Immigration Judge, the family was sched- Regional Manager. tive public policies that have improved the uled to depart the United States under an lives of hundreds of thousands of people order of voluntary departure to Mexico on SHERMAN OAKS COMMUNITY throughout Santa Clara County. For exam- April 18, 2008. CHARTER SCHOOL, ple, PACT co-founded Santa Clara County’s My office supported their request to get an San Jose, CA, March 13, 2008. innovative Children’s Health Initiative, extension of the voluntary departure order TO WHOM IT MAY CONCERN: I write this let- which provides access to health insurance to until June 18, 2008 so that the two younger ter in support of the Oliva Gonzales Rojas all low-income children in the County and United States citizen children could finish and her family. Many years ago she and her has served as a model for similar programs the school year. As of this moment the fam- husband, Jorge, left Mexico to come to the in twenty-three other California counties ily is still scheduled to leave the United United States. At that time their oldest son plus many other states, as well. States on June 18th. At the time of the first was two years old. They have lived in the meeting, my office also referred the Rojas United States in California for the last eight Oliva was active with the PACT parent family to their U.S. Senators offices to in- en years. group at her child’s charter school. She put quire about the possibility of a private bill During that time they have consistently in many hours every week to help improve being introduced. demonstrated their commitment to this the school for the benefit of all the children. Since February, my office has received country, appreciating the opportunities the She was also a leader in the effort to fight many calls from individuals supportive of United States has afforded them. In addition crime, gangs, and drug dealing in the neigh- the Rojas family and concerned about their to their oldest son, they have two other chil- borhood around the school, and helped orga- impending departure. My office was also con- dren—a son and daughter, citizens of the nize large meetings with this purpose. tacted by People Acting in Community To- United States. These children have dem- I’ve been working for more than 15 years to gether (PACT), members of the Santa Clara onstrated strong academic skills, and they Interfaith Council, Santa Clara County Of- involve everyday people in the public life of have shown positive and consistent leader- their communities. While most people feel fice of Human Relations, YMCA, and Sher- ship. They understand the importance of man Oaks Community Charter School. disconnected and apathetic, Oliva is full of service to community. hope and exudes inspiration about her com- In addition, on March 9, 2008, the Rojas Yesterday, Alexis, their son volunteered at munity. Even though she is new to this coun- family participated in a community forum Sherman Oaks, organizing our book room organized by First Presbyterian Church of and hanging posters on the wall. He has re- try, she embodies the values we hold dear, as Palo Alto. The Rojas family participated on ceived excellent modeling from his parents individuals and as a society: committed to a panel which included a San Francisco Im- who have donated many hours of service to her family, hard working, involved in the migration Judge, the Director of the Santa our school. They have demonstrated dis- community, participant in the democratic Clara County Office of Human Relations, and cipline and excellence in their work. Olivia process. one of my staff members. The event was co- works at Sherman Oaks as yard duty and as Our community needs Oliva and her fam- sponsored by the League of Women Voters of a tutor. Jorge, the father, has developed a ily. We need so many more people like her. Palo Alto, the Santa Clara Council of highly successful landscaping design busi- We would be a much weaker community Churches, Multifaith Voices for Peace and ness, which caters to large-scale corpora- without her. Justice, and El Buen Pastor, Iglesia Epis- tions and business parks. Thank you for your assistance. copal Church (Redwood City). The organizers Oliva and Jorge are decent people, who have verified that there were a total of 115 came to America to live the American MATT HAMMER, attendees at the event, many of whom still dream. For eighteen years they have worked Executive Director. inquire about the Rojas family and their sit- hard, rearing their children, teaching them uation. the values of perseverance, diligence, and SHERMAN OAKS It is apparent that the Rojas family is a sacrifice to achieve and to thrive. Pillars of COMMUNITY CHARTER SCHOOL, hard-working, beloved family that has con- the community, the family is universally San Jose, CA, March 10, 2008. tributed much to their community through loved and respected by all at Sherman Oaks DIANE FEINSTEIN, their volunteer work. My office has been as School. It was Jorge, who planted trees and U.S. Senator, supportive as possible of this family and of fixed the irrigation system to maintain the San Francisco, CA. their efforts to exhaust all possible avenues lush fields that are a mecca to our children to remain legally in the United States. and their families. Oliva serves as the liaison HONORABLE SENATOR FEINSTEIN: I am writ- Thank you for your attention to this im- for our school to the neighborhood. She tu- ing in behalf of the Jorge and Oliva Rojas portant matter. tors their children, organizes support for Family and their eminent ‘‘removal’’ from Sincerely, families in need, and integrates new immi- the United States. I have had the good for- ZOE LOFGREN, grants into the school. Oliva and Jorge are tune to have known the Rojas family since Member of Congress. good people, model citizens, and contributors 1999, when Tania Rojas was in my Kinder- to society. garten class. We did home visits that year, VALLEYCREST With great respect, I plead with you to and I was immediately impressed with the LANDSCAPE MAINTENANCE, consider the merit of this case. Specifically, close family ties and structure within the San Jose, CA, 12 March 2008. I request that the family may stay, at least Rojas household. Tania was a fantastic stu- Re Jorge G. Rojas. until the end of June, so that their children dent and we had a great year. Her mother, Hon. DIANNE FEINSTEIN, can complete this school year. Thank you for Oliva, was a ready volunteer for anything U.S. Senate. your consideration. that she could help out with at school, and DEAR SENATOR FEINSTEIN: Jorge G. Rojas Sincerely, was always an integral part of our school has been working for our company NANCY ATKINSON, community. Two years later, I had Alexis in ValleyCrest Landscape Maintenance since Principal. my fourth grade class. Another wonderful, 1994. intelligent, GATE (Gifted and Talented) stu- Not only is he a valuable member of our PEOPLE ACTING IN dent. That year, he talked about being an as- team but has been instrumental in ener- COMMUNITY TOGETHER, tronaut some day. And, of course, Oliva con- gizing the water conservation and sustain- San Jose, CA, March 17, 2008. tinued to do anything and everything to help ability issues as they relate to the LEED ef- Senator DIANNE FEINSTEIN, out. Always with a positive ‘‘can-do’’ atti- forts in the Bay Area for commercial land- Post Street, tude and sense of humor. scaping. Jorge Rojas is a technician in Urban Con- San Francisco, CA. Oliva started out volunteering, but because struction. He obtained his degree from DEAR SENATOR FEINSTEIN: I am writing to she is so capable, she was soon hired by our Conalet Technical School in Guadalajara. express my strong support for Oliva Rojas school to do almost everything! As a charter and her family and to ask for your assistance Jorge’s skills in that area will be a great school, we have had more flexibility in hir- in postponing—and we hope canceling—their loss not only to the company, but to the ing than some schools. In the past, Oliva has state of sustainability and green programs in order of removal from the DOHS. Oliva was an active PACT volunteer leader helped out as a substitute, an art teacher, Silicon Valley. yard duty, tutor, and parent liaison. Stu- Commercial clients are seeking LEED cer- for several years in the early 2000s and has dents love and respect her. She is someone tification for their existing buildings and in- continued to support our organization since who is always willing to help out where dustry talent in this arena is critical. then. PACT is a multi-ethnic, inter-faith We at ValleyCrest urge our to consider grassroots organization that empowers every needed. She has been a lifesaver to me, as a drafting a private bill to secure permanent day people to create a more just community. teacher, many times. Whether it’s making residency for him and his direct family. For more than 20 years, PACT has helped copies for me at the last minute, or helping Jorge is also seeking an extension from the ordinary people win extraordinary victories out with our 4th grade overnight at Sanborn Immigration office to allow his American for our community, not by speaking for Park when my partner teacher got sick, or resident children to complete their gradua- them, but by teaching them how to speak, helping me design and build our altar for tion. act, and engage in the public arena for them- Day of the Dead—Oliva is always there. Her

VerDate Aug 31 2005 01:35 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.032 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5662 CONGRESSIONAL RECORD — SENATE June 16, 2008 background design for the 4th grade Opera improve the grounds or atmosphere. They We ask for your assistance on behalf of the every year, is always spectacular. She helps would be the first to volunteer to help at the Rojas Family and our community. students with homework. She helps our Kin- many gatherings we would have. Oliva and Sincerely, dergartners in our ‘‘mid day block’’. Our her family are some of the most involved, SUSAN PRICE-JANG and VICTOR JANG. structure is very different from traditional unselfish people I have ever met. schools, and Oliva is someone who helps If Oliva leaves on April 18th, it would be a By Mr. WEBB. (for himself, Mr. make it work. She helps make everything hardship to not only me and her fellow co- WARNER, Mrs. CLINTON, Mr. work at our school. I can’t even imagine workers, but to each and every child she SCHUMER, Ms. MIKULSKI, Mr. works with on a daily basis. We depend on what our school will be like without her SANDERS, Mr. CARDIN, Mr. DUR- here. Her own 3 children, Jorge, Alexis and her to be there because she handles the chil- dren in a very special loving way. Nobody BIN, and Mr. KERRY): Tania are no longer students at our school, S. 3140. A bill to provide that 4 of the but truly, all the students at Sherman Oaks could replace her. I have tried to fill her po- are Oliva’s kids. sition with other employees at times when 21 weeks of parental leave made avail- Oliva soon started working in the YMCA’s she is sick or at immigration hearings and it able to a Federal employee shall be after school and summer school program, has not worked out. We need Oliva to be with paid leave, and for other purposes; to where, once again, she was loved by all who us throughout this school year and beyond. the Committee on Homeland Security worked with her. I believe she has worked I would like you to take a look at her case and Governmental Affairs. with them for over 4 years. I am attaching and help her and her family out in this mat- Mr. WEBB. Mr. President, today I this year’s YMCA brochure, which, iron- ter. Please do whatever you can do to keep rise to introduce the bipartisan Federal the family here in the United States. ically, came to my house just this week. On Employees Paid Parental Leave Act of page 7 is a picture of smiling staff members. Thank you, Center front, is Oliva Rojas. LYNDA ZOLEZZI. 2008. I introduce this bill with Senators Every October, the Rojas family partici- WARNER, CLINTON, KERRY, SCHUMER, pates with my husband with his theater SAN JOSE, CA, MARCH 11, 2008. MIKULSKI, SANDERS, and DURBIN. group, Familia Aztlan, in their multicultural Senator DIANNE FEINSTEIN, This bill has a simple and yet impor- event celebrating Day of the Dead in San One Post Street, tant requirement: that Federal em- Jose. Both Jorge Sr, and Jr, along with San Francisco, CA. ployees be granted 4 weeks of paid pa- Tania and Alexis, participate in the parade, DEAR SENATOR FEINSTEIN: We ask you to ternity and maternity leave. wielding large, life sized, skeleton puppets. please urge ICE to allow Jorge Rojas, Sr., The Federal Government is the coun- Oliva Rojas (his wife) and Jorge Rojas, Jr. Oliva puts her creativity to use, painting the try’s largest employer, with more than faces of children and adults alike. (their 19 year old son) to remain in this Oliva’s removal from this country in mid country at least till the end of this school 2.7 million employees. My state of Vir- April will put an extreme hardship on all the year, June 13, so that their U.S. citizen chil- ginia is home to more than 100,000 Fed- students and teachers at Sherman Oaks dren, Alexis and Tania, may finish school. In eral employees. As the Nation’s largest Community Charter School in San Jose for fact, I would hope that the whole Rojas fam- employer, the Federal Government this school year. As a teacher at this school ily could stay legally for the rest of their should be the leader in workplace pol- for 10 years, I can truthfully say that Oliva lives. icy. The Federal Government should The Rojas family has been a fixture of our Rojas’ position at our school touches every provide benefits that are equal to what single student. I can’t imagine how we would community in San Jose for at least 16 years. explain to our students why she was all of a We raised our sons, their Jorge Jr. and our we call best practices in the private sudden gone—mid year. What could we say Sam, together from 2nd grade on (both are sector. to explain it to them? And they will ask. now 19 and 20 years old respectively), spend- Furthermore, according to the Office I respectfully ask for your intervention, in ing many hours together. We were active to- of Personnel Management, more than whatever way you can, to get an extension of gether in People Acting Together (PACT) half of the Federal Government’s em- at least until June for the removal of the successfully pushing for health insurance for ployees will become eligible for retire- Rojas Family. Ideally, this family merits all children in Santa Clara Co. in 2000. Oliva ment within the next 10 years. The is well-know to all children at Sherman Oaks full time, legal status in this country based Federal workforce is aging faster than on their many civic and artistic contribu- Community Charter School (Campbell Union tions, stable family, and work ethic. But, if School District) due to her early volunteer the private workforce. The benefits de- this is not possible, at least, for the sake of work at the school, then her paid position as sired by younger workers are offered by the students, families, and faculty of Sher- an aide, and then as a YMCA worker running private sector employers, but not by man Oaks Community Charter School, after school programs. the Federal Government. Although the please intervene for an extension until June, Jorge Rojas, Sr. has been an active parent Federal Government cannot compete 2008. leader in the Sherman Oaks Community with private sector salaries, we should It is truly this country’s loss if/when the Charter School neighborhood in west center be offering comparable benefits. San Jose. It was Jorge, as a trained land- Rojas Family is ‘‘removed.’’ The current parental leave law for Respectfully and hopefully, scaping professional, who enlisted other par- Federal employees is in need of an up- BARBARA LYNN, ents to reseed and regrade parts of the school 4th Grade Teacher. playground and to repair the irrigation sys- date. The Federal Employees Paid Pa- tem when the school district had no funds to rental Leave Act provides that, of the SAN JOSE, CA, March 5, 2008. do so. It was Jorge who led the work to plant 12 weeks of unpaid leave guaranteed by SENATOR FEINSTEIN, I am writing to you trees from Our City Forest in front of the the Family and Medical Leave Act, fed- because of my concern for a co-worker and school to reduce heat and glare. It was Jorge eral employees will be allowed to sub- friend, Oliva Rojas. Although she and her who volunteered his weekend operating the stitute 4 weeks of paid leave, as well as family have been trying to legally stay in equipment and then doing the hand digging the United States for many years, her ap- necessary to install a French drainage sys- any accrued annual or sick leave for peals have run out and she and her family tem (6 feet deep) into holes cut in the con- the birth or adoption of a child. will be leaving on a volunteer departure on crete to ensure proper drainage. This requirement mirrors a recent April 18th. It was both Jorge and Oliva who for years provision put forward by the Senate I am Oliva’s supervisor at Sherman Oaks volunteered to coach soccer teams for neigh- Armed Services Committee in the Na- Elementary School in San Jose in the Camp- borhood children after school. As bilingual tional Defense Authorization Act, bell Elementary School District, a bilingual, parents, Jorge and Oliva have been key to which would allow 21 days of paid pa- dual-immersion school. Oliva reports to me bridging the cu1tural/language gap between ternity leave for our military per- everyday for 2 hours and works with grades neighbors in our multicultural neighborhood K–6 with a specialty in Kindergarten. (She and school community. If this family leaves, sonnel. works other hours for a different supervisor.) they will leave a big hole in our community The legislation we are introducing I can’t think of a time when I have been so which has come to depend on them for lead- today is also an issue of fairness for the disappointed in our government. This is a ership, translation, advice, hard work, and working family. The U.S. Census Bu- family that is a vital part of our community friendship. They will also leave a big hole in reau reports that more than 70 percent and Oliva is a valued co-worker. Because she the hearts of many of us who count them as of women with children over the age of is smart, trusted, responsible and nurturing, close friends. 1 are in the workforce and that both Oliva has been given many duties that go be- It is tragic that a whole community would parents work in most families. yond her job description. (At one time, we suffer such a loss due to a legal error made Additionally, according to the Na- were a charter school and Oliva was even by an untrained, irresponsible ‘‘notario’’ able to substitute teach in classrooms and years ago. This family has spent thousands tional Partnership for Women and did a fabulous job.) Oliva’s family has always and thousands of dollars in an effort to over- Families, in today’s highly competitive been the first to step up and take action if come the error of that notario and to legal- jobs environment, there is little work- something needed to be done at our school to ize their status. force flexibility to help working

VerDate Aug 31 2005 00:43 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.034 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5663 women and men care for their families rhythm and blues, and countless other SECTION 1. SHORT TITLE. and still succeed at their jobs. This is styles; This Act may be cited as the ‘‘New and particularly true for those Americans Whereas the legacy of gospel music in- Emerging Technologies 911 Improvement Act whose economic security is most at cludes some of the most memorable voices of 2008’’ or the ‘‘NET 911 Improvement Act of and musical pioneers in the history of the 2008’’. risk. United States, such as Thomas Dorsey, TITLE I—911 SERVICES AND IP–ENABLED It is important to note the parental Mahalia Jackson, James Vaughan, Roberta VOICE SERVICE PROVIDERS leave practices of non-Federal employ- Martin, Virgil Stamps, Diana Washington, ers. Research by the Joint Economic Stamps Quartet, The Highway QCs, The SEC. 101. DUTY TO PROVIDE 911 AND ENHANCED Committee has found that Fortune 100 Statesmen, The Soul Stirrers, Point of 911 SERVICE. firms offer paid leave typically lasting Grace, Smokie Norful, Terry Woods, James The Wireless Communications and Public Cleveland, Billy Ray Hearns, Rex Humbard, Safety Act of 1999 is amended— 6 to 8 weeks. Additionally, most of (1) by redesignating section 6 (47 U.S.C. America’s economic rivals provide paid Joe Ligon and The Mighty Clouds of Joy, Kirk Franklin, V. Michael McKay, Theola 615b) as section 7; parental leave, as do many other na- Booker, Yolanda Adams, Edwin and Walter (2) by inserting after section 5 the fol- tions. The European Union requires Hawkins, Sandi Patty, The Winans, Kathy lowing new section: that member countries offer 14 weeks Taylor, and Brenda Waters, Carl Preacher, ‘‘SEC. 6. DUTY TO PROVIDE 9–1–1 AND ENHANCED of paid leave and most offer more than and Shirley Joiner of B, C & S; 9–1–1 SERVICE. the required amount. Whereas many of the biggest names in ‘‘(a) DUTIES.—It shall be the duty of each By contrast, our Nation’s current music emerged from the gospel music tradi- IP-enabled voice service provider to provide laws force healthy, long-term federal tion or have recorded gospel music, includ- 9–1–1 service and enhanced 9–1–1 service to employees to save up their sick days ing Sam Cooke, Al Green, Elvis Presley, its subscribers in accordance with the re- Marvin Gaye, Aretha Franklin, Whitney quirements of the Federal Communications and vacation time so they can use this Houston, Little Richard, Ray Charles, Buddy Commission, as in effect on the date of en- paid time off to care for their newborn Holly, Alan Jackson, Dolly Parton, Mariah actment of the New and Emerging Tech- or newly adopted child. Asking employ- Carey, Bob Dylan, Randy Travis, and Glenn nologies 911 Improvement Act of 2008 and as ees to cobble together accrued leave Campbell; such requirements may be modified by the makes it difficult for relatively new Whereas, regardless of their musical styles, Commission from time to time. employees or those who experience those artists and so many more have turned ‘‘(b) PARITY FOR IP-ENABLED VOICE SERVICE health problems to save up enough to gospel music as the source and inspiration PROVIDERS.—An IP-enabled voice service time for parental leave. We owe our for their music, which has blurred the bound- provider that seeks capabilities to provide 9– aries between secular and gospel music; civil servants a more thoughtful, work- 1–1 and enhanced 9–1–1 service from an entity Whereas, beyond its contribution to the with ownership or control over such capabili- er-friendly policy. musical tradition of the United States, gos- ties, to comply with its obligations under I note that the House of Representa- pel music has provided a cultural and musi- subsection (a), shall, for the exclusive pur- tives recently reported a similar bill cal backdrop across all of mainstream pose of complying with such obligations, out of the appropriate House com- media, from hit television series to major have a right of access to such capabilities, mittee by a strong bipartisan vote. I Hollywood motion pictures, including including interconnection, to provide 9–1–1 hope the Senate begins similar action ‘‘American Idol’’, ‘‘Heroes’’, ‘‘Dancing with and enhanced 9–1–1 service on the same on this bill. the Stars’’, ‘‘O Brother, Where Art Thou?’’, rates, terms, and conditions that are pro- ‘‘Sister Act’’, ‘‘The Preacher’s Wife’’, ‘‘Evan I urge my colleagues to support this vided to a provider of commercial mobile Almighty’’, and more; and service (as such term is defined in section pro-family, pro-Federal worker legisla- Whereas gospel music has a huge audience 332(d) of the Communications Act of 1934 (47 tion. around the country and around the world, a U.S.C. 332(d))), subject to such regulations as f testament to the universal appeal of a his- the Commission prescribes under subsection torical American art form that both inspires (c). SUBMITTED RESOLUTIONS and entertains across racial, ethnic, reli- ‘‘(c) REGULATIONS.—The Commission— gious, and geographic boundaries: Now, ‘‘(1) within 90 days after the date of enact- therefore, be it ment of the New and Emerging Technologies SENATE RESOLUTION 595—DESIG- Resolved, That the Senate— 911 Improvement Act of 2008, shall issue reg- NATING SEPTEMBER 2008 AS (1) designates September 2008 as ‘‘Gospel ulations implementing such Act, including ‘‘GOSPEL MUSIC HERITAGE Music Heritage Month’’; and regulations that— MONTH’’ AND HONORING GOSPEL (2) recognizes the great contributions to ‘‘(A) ensure that IP-enabled voice service MUSIC FOR ITS VALUABLE AND the culture of the United States derived from providers have the ability to exercise their the rich heritage of gospel music and gospel LONGSTANDING CONTRIBUTIONS rights under subsection (b); music artists. ‘‘(B) take into account any technical, net- TO THE CULTURE OF THE f work security, or information privacy re- UNITED STATES quirements that are specific to IP-enabled AMENDMENTS SUBMITTED AND Mrs. LINCOLN (for herself, Mrs. voice services; and PROPOSED HUTCHISON, and Mr. LEAHY) submitted ‘‘(C) provide, with respect to any capabili- ties that are not required to be made avail- the following resolution; which was SA 4982. Mr. WHITEHOUSE (for Mr. INOUYE able to a commercial mobile service provider considered and agreed to: (for himself, Mr. STEVENS, Mr. NELSON, of Florida, and Ms. SNOWE)) proposed an amend- but that the Commission determines under S. RES. 595 ment to the bill H.R. 3403, to promote and subparagraph (B) of this paragraph or para- Whereas gospel music is a beloved art form enhance public safety by facilitating the graph (2) are necessary for an IP-enabled unique to the United States, spanning dec- rapid deployment of IP-enabled 911 and E–911 voice service provider to comply with its ob- ades, generations, and races; services, encourage the Nation’s transition ligations under subsection (a), that such ca- Whereas gospel music is one of the corner- to a national IP-enabled emergency network, pabilities shall be available at the same stones of the musical tradition of the United and improve 911 and E–911 access to those rates, terms, and conditions as would apply States and has grown beyond its roots to with disabilities. if such capabilities were made available to a achieve pop-culture and historical relevance; commercial mobile service provider; Whereas gospel music has spread beyond f ‘‘(2) shall require IP-enabled voice service its geographic origins to touch audiences TEXT OF AMENDMENTS providers to which the regulations apply to around the world; register with the Commission and to estab- Whereas the history of gospel music can be SA 4982. Mr. WHITEHOUSE (for Mr. lish a point of contact for public safety and traced to multiple and diverse influences and INOUYE (for himself, Mr. STEVENS, Mr. government officials relative to 9–1–1 and en- foundations, including African-American NELSON of Florida, and Ms. SNOWE)) hanced 9–1–1 service and access; and spirituals that blended diverse elements proposed an amendment to the bill ‘‘(3) may modify such regulations from from African music and melodic influences H.R. 3403, to promote and enhance pub- time to time, as necessitated by changes in from Irish folk songs and hymns, and gospel lic safety by facilitating the rapid de- the market or technology, to ensure the abil- music ultimately borrowed from uniquely ployment of IP-enabled 911 and E–911 ity of an IP-enabled voice service provider to comply with its obligations under subsection American musical styles including ragtime, services, encourage the Nation’s transi- jazz, and blues; (a) and to exercise its rights under sub- Whereas that tradition of diversity re- tion to a national IP-enabled emer- section (b). mains today, as the influence of gospel music gency network, and improve 911 and E– ‘‘(d) DELEGATION OF ENFORCEMENT TO can be found infused in all forms of secular 911 access to those with disabilities; as STATE COMMISSIONS.—The Commission may music, including rock and roll, country, soul, follows: delegate authority to enforce the regulations

VerDate Aug 31 2005 00:43 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.027 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5664 CONGRESSIONAL RECORD — SENATE June 16, 2008 issued under subsection (c) to State commis- public safety organizations, industry partici- and related public safety authorities who are sions or other State or local agencies or pro- pants, and the E–911 Implementation Coordi- conducting trial deployments of IP-enabled grams with jurisdiction over emergency nation Office to develop best practices that emergency networks as of the date of enact- communications. Nothing in this section is promote consistency, where appropriate, in- ment of the New and Emerging Technologies intended to alter the authority of State com- cluding procedures for— 911 Improvement Act of 2008; missions or other State or local agencies ‘‘(1) defining geographic coverage areas for ‘‘(I) identify solutions for providing 9–1–1 with jurisdiction over emergency commu- public safety answering points; and enhanced 9–1–1 access to those with dis- nications, provided that the exercise of such ‘‘(2) defining network diversity require- abilities and needed steps to implement such authority is not inconsistent with Federal ments for delivery of IP-enabled 9–1–1 and solutions, including a recommended law or Commission requirements. enhanced 9–1–1 calls; ‘‘(e) IMPLEMENTATION.— timeline; and ‘‘(3) call-handling in the event of call over- ‘‘(1) LIMITATION.—Nothing in this section ‘‘(J) analyze efforts to provide automatic flow or network outages; shall be construed to permit the Commission location for enhanced 9–1–1 services and pro- ‘‘(4) public safety answering point certifi- to issue regulations that require or impose a vide recommendations on regulatory or leg- cation and testing requirements; specific technology or technological stand- islative changes that are necessary to ‘‘(5) validation procedures for inputting ard. achieve automatic location for enhanced 9–1– and updating location information in rel- ‘‘(2) ENFORCEMENT.—The Commission shall 1 services. evant databases; and enforce this section as if this section was a ‘‘(3) CONSULTATION.—In developing the plan ‘‘(6) the format for delivering address infor- part of the Communications Act of 1934. For required by paragraph (1), the Office shall mation to public safety answering points. purposes of this section, any violations of consult with representatives of the public ‘‘(i) RULE OF CONSTRUCTION.—Nothing in safety community, groups representing those this section, or any regulations promulgated the New and Emerging Technologies 911 Im- with disabilities, technology and tele- under this section, shall be considered to be provement Act of 2008 shall be construed as communications providers, IP-enabled voice a violation of the Communications Act of altering, delaying, or otherwise limiting the service providers, Telecommunications 1934 or a regulation promulgated under that ability of the Commission to enforce the Relay Service providers, and other emer- Act, respectively. Federal actions taken or rules adopted obli- TATE AUTHORITY OVER FEES.— ‘‘(f) S gating an IP-enabled voice service provider gency communications providers and others ‘‘(1) AUTHORITY.—Nothing in this Act, the to provide 9–1–1 or enhanced 9–1–1 service as it deems appropriate.’’. Communications Act of 1934 (47 U.S.C. 151 et of the date of enactment of the New and TITLE II—PARITY OF PROTECTION seq.), the New and Emerging Technologies Emerging Technologies 911 Improvement Act 911 Improvement Act of 2008, or any Commis- of 2008.’’; and SEC. 201. LIABILITY. sion regulation or order shall prevent the (3) in section 7 (as redesignated by para- imposition and collection of a fee or charge (a) AMENDMENTS.—Section 4 of the Wireless graph (1) of this section) by adding at the Communications and Public Safety Act of applicable to commercial mobile services or end the following new paragraph: IP-enabled voice services specifically des- 1999 (47 U.S.C. 615a) is amended— ‘‘(8) IP-ENABLED VOICE SERVICE.—The term (1) by striking ‘‘PARITY OF PROTECTION ignated by a State, political subdivision ‘IP-enabled voice service’ has the meaning FOR PROVISION OR USE OF WIRELESS thereof, Indian tribe, or village or regional given the term ‘interconnected VoIP service’ SERVICE.’’ in the section heading and in- corporation serving a region established pur- by section 9.3 of the Federal Communica- serting ‘‘SERVICE PROVIDER PARITY OF suant to the Alaska Native Claims Settle- tions Commission’s regulations (47 CFR PROTECTION.’’; ment Act, as amended (85 Stat. 688) for the 9.3).’’. support or implementation of 9–1–1 or en- (2) in subsection (a)— SEC. 102. MIGRATION TO IP-ENABLED EMER- hanced 9–1–1 services, provided that the fee GENCY NETWORK. (A) by striking ‘‘wireless carrier,’’ and in- or charge is obligated or expended only in Section 158 of the National Telecommuni- serting ‘‘wireless carrier, IP-enabled voice support of 9–1–1 and enhanced 9–1–1 services, cations and Information Administration Or- service provider, or other emergency com- or enhancements of such services, as speci- ganization Act (47 U.S.C. 942) is amended— munications provider,’’; fied in the provision of State or local law (1) in subsection (b)(1), by inserting before (B) by striking ‘‘its officers’’ the first place adopting the fee or charge. For each class of the period at the end the following: ‘‘and for it appears and inserting ‘‘their officers’’; subscribers to IP-enabled voice services, the migration to an IP-enabled emergency net- (C) by striking ‘‘emergency calls or emer- fee or charge may not exceed the amount of work’’; gency services’’ and inserting ‘‘emergency any such fee or charge applicable to the (2) by redesignating subsections (d) and (e) calls, emergency services, or other emer- same class of subscribers to telecommuni- as subsections (e) and (f), respectively; and gency communications services’’; cations services. (3) by inserting after subsection (c) the fol- (3) in subsection (b)— ‘‘(2) FEE ACCOUNTABILITY REPORT.—To en- lowing new subsection: (A) by striking ‘‘using wireless 9–1–1 serv- sure efficiency, transparency, and account- ‘‘(d) MIGRATION PLAN REQUIRED.— ice shall’’ and inserting ‘‘using wireless 9–1– ability in the collection and expenditure of a ‘‘(1) NATIONAL PLAN REQUIRED.—No more 1 service, or making 9–1–1 communications fee or charge for the support or implementa- than 270 days after the date of enactment of via IP-enabled voice service or other emer- tion of 9–1–1 or enhanced 9–1–1 services, the the New and Emerging Technologies 911 Im- gency communications service, shall’’; and Commission shall submit a report within 1 provement Act of 2008, the Office shall de- (B) by striking ‘‘that is not wireless’’ and year after the date of enactment of the New velop and report to Congress on a national inserting ‘‘that is not via wireless 9–1–1 serv- and Emerging Technologies 911 Improvement plan for migrating to a national IP-enabled ice, IP-enabled voice service, or other emer- Act of 2008, and annually thereafter, to the emergency network capable of receiving and gency communications service’’; and Committee on Commerce, Science and responding to all citizen-activated emer- (4) in subsection (c)— Transportation of the Senate and the Com- gency communications and improving infor- (A) by striking ‘‘wireless 9–1–1 communica- mittee on Energy and Commerce of the mation sharing among all emergency re- tions, a PSAP’’ and inserting ‘‘9–1–1 commu- House of Representatives detailing the sta- sponse entities. nications via wireless 9–1–1 service, IP-en- tus in each State of the collection and dis- ‘‘(2) CONTENTS OF PLAN.—The plan required abled voice service, or other emergency com- tribution of such fees or charges, and includ- by paragraph (1) shall— munications service, a PSAP’’; and ing findings on the amount of revenues obli- ‘‘(A) outline the potential benefits of such (B) by striking ‘‘that are not wireless’’ and gated or expended by each State or political a migration; inserting ‘‘that are not via wireless 9–1–1 subdivision thereof for any purpose other ‘‘(B) identify barriers that must be over- service, IP-enabled voice service, or other than the purpose for which any such fees or come and funding mechanisms to address emergency communications service’’. charges are specified. those barriers; (b) DEFINITION.—Section 7 of the Wireless ‘‘(g) AVAILABILITY OF PSAP INFORMATION.— ‘‘(C) provide specific mechanisms for en- The Commission may compile a list of public suring the IP-enabled emergency network is Communications and Public Safety Act of safety answering point contact information, available in every community and is coordi- 1999 (as redesignated by section 101(1) of this contact information for providers of selec- nated on a local, regional, and statewide Act) is further amended by adding at the end tive routers, testing procedures, classes and basis; the following new paragraphs: types of services supported by public safety ‘‘(D) identify location technology for no- ‘‘(8) OTHER EMERGENCY COMMUNICATIONS answering points, and other information con- madic devices and for office buildings and SERVICE.—The term ‘other emergency com- cerning 9–1–1 and enhanced 9–1–1 elements, munications service’ means the provision of for the purpose of assisting IP-enabled voice multi-dwelling units; emergency information to a public safety an- service providers in complying with this sec- ‘‘(E) include a proposed timetable, an out- tion, and may make any portion of such in- line of costs, and potential savings; swering point via wire or radio communica- formation available to telecommunications ‘‘(F) provide specific legislative language, tions, and may include 9–1–1 and enhanced 9– carriers, wireless carriers, IP-enabled voice if necessary, for achieving the plan; 1–1 service. service providers, other emergency service ‘‘(G) provide recommendations on any leg- ‘‘(9) OTHER EMERGENCY COMMUNICATIONS providers, or the vendors to or agents of any islative changes, including updating defini- SERVICE PROVIDER.—The term ‘other emer- such carriers or providers, if such avail- tions, that are necessary to facilitate a na- gency communications service provider’ ability would improve public safety. tional IP-enabled emergency network; means— ‘‘(h) DEVELOPMENT OF STANDARDS.—The ‘‘(H) assess, collect, and analyze the experi- ‘‘(A) an entity other than a local exchange Commission shall work cooperatively with ences of the public safety answering points carrier, wireless carrier, or an IP-enabled

VerDate Aug 31 2005 01:35 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.030 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5665 voice service provider that is required by the CHILDREN’S GASOLINE BURN call is disconnected, you are dis- Federal Communications Commission con- PREVENTION ACT oriented, or do not know your location, sistent with the Commission’s authority this information can make all the dif- under the Communications Act of 1934 to Mr. WHITEHOUSE. Madam Presi- dent, I ask unanimous consent the ference in securing your safety. provide other emergency communications But the E911 system was built for services; or Commerce Committee be discharged ‘‘(B) in the absence of a Commission re- from further consideration of H.R. 814, wireline service. So as technology ad- quirement as described in subparagraph (A), and the Senate proceed to its imme- vanced and wireless phones grew in an entity that voluntarily elects to provide diate consideration. popularity, we worked to apply E911 other emergency communications services The PRESIDING OFFICER. Without principles to wireless service. With the and is specifically authorized by the appro- objection, it is so ordered. The clerk advent of VoIP, we are challenged priate local or State 9–1–1 service governing again to ensure that our 911 policies authority to provide other emergency com- will report the bill by title. The assistant legislative clerk read are up to date. munications services. I believe that the New and Emerging ‘‘(10) ENHANCED 9–1–1 SERVICE.—The term as follows: Technologies 911 Improvement Act of ‘enhanced 9–1–1 service’ means the delivery A bill (H.R. 814) to require the Consumer of 9–1–1 calls with automatic number identi- Product Safety Commission to issue regula- 2008 does an excellent job of improving fication and automatic location identifica- tions mandating child-resistant closures on 911 service and adapting it to the latest tion, or successor or equivalent information all portable gasoline containers. telecommunications technology, and I features over the wireline E911 network (as There being no objection, the Senate ask my colleagues to join me in sup- defined in section 9.3 of the Federal Commu- porting this important legislation. nications Commission’s regulations (47 proceeded to consider the bill. Mr. WHITEHOUSE. I ask unanimous Senator BILL NELSON, the sponsor of C.F.R. 9.3) as of the date of enactment of the the Senate bill, Senator SNOWE, Sen- New and Emerging Technologies 911 Im- consent that the bill be read a third ator STEVENS, and I have worked with provement Act of 2008) and equivalent or suc- time and passed, the motion to recon- cessor networks and technologies. The term sider be laid upon the table, with no in- our colleagues in the House to develop also includes any enhanced 9–1–1 service so tervening action or debate, and any this substitute. Once the Senate passes H.R. 3403, as amended, we expect the designated by the Commission in its Report statements be printed in the RECORD. and Order in WC Docket Nos. 04-36 and 05-196, The PRESIDING OFFICER. Without House to act expeditiously so that this or any successor proceeding.’’. objection, it is so ordered. bill can become law, allowing our 911 TITLE III—AUTHORITY TO PROVIDE CUS- The bill (H.R. 814) was ordered to a system to continue to save lives and TOMER INFORMATION FOR 911 PUR- third reading, was read the third time, ensuring individuals can always call POSES and passed. for help regardless of the underlying SEC. 301. AUTHORITY TO PROVIDE CUSTOMER IN- technology they use. f FORMATION. Mr. WHITEHOUSE. I ask unanimous Section 222 of the Communications Act of 911 MODERNIZATION AND PUBLIC consent that an Inouye-Stevens sub- 1934 (47 U.S.C. 222) is amended— SAFETY ACT OF 2007 stitute amendment, which is at the (1) by inserting ‘‘or the user of an IP-en- Mr. WHITEHOUSE. Madam Presi- desk, be agreed to, the bill as amended abled voice service (as such term is defined be read a third time and passed, the in section 7 of the Wireless Communications dent, I ask unanimous consent the and Public Safety Act of 1999 (47 U.S.C. Commerce committee be discharged motions to reconsider be laid upon the 615b))’’ after ‘‘section 332(d))’’ each place it from further consideration of H.R. 3403 table with no intervening action or de- appears in subsections (d)(4) and (f)(1); and the Senate proceed to its imme- bate, and any statements be printed in (2) by striking ‘‘WIRELESS’’ in the heading diate consideration. the RECORD. of subsection (f); and The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without (3) in subsection (g), by inserting ‘‘or a pro- objection, it is so ordered. The clerk objection, it is so ordered. vider of IP-enabled voice service (as such The amendment (No. 4982), in the na- term is defined in section 7 of the Wireless will report the bill by title. The assistant legislative clerk read ture of a substitute, was agreed to. Communications and Public Safety Act of (The amendment is printed in today’s as follows: 1999 (47 U.S.C. 615b))’’ after ‘‘telephone ex- RECORD under ‘‘Text of Amendments.’’) change service’’. A bill (H.R. 3403) to promote and enhance The amendment was ordered to be public safety by facilitating the rapid de- engrossed and the bill read a third f ployment of IP-enabled 911 and E–911 serv- ices, encourage the Nation’s transition to a time. national IP-enabled emergency network, and The bill (H.R. 3403), as amended, was NOTICE OF HEARING improve 911 and E–911 access to those with read the third time and passed. disabilities. COMMITTEE ON RULES AND ADMINISTRATION f Mrs. FEINSTEIN. Mr. President, I There being no objection, the Senate THE DISTRICT OF COLUMBIA wish to announce that the Committee proceeded to consider the bill. WATER AND SEWER AUTHORITY on Rules and Administration will meet Mr. INOUYE. Madam President, I INDEPENDENCE PRESERVATION on Wednesday, June 18, 2008, at 10 a.m., rise today in support of the substitute ACT to hear testimony on Improving En- to H.R. 3403, the New and Emerging Mr. WHITEHOUSE. I ask unanimous ergy Efficiency, Increasing the Use of Technologies 911 Improvement Act of consent that the Senate proceed to the Renewable Sources of Energy, and Re- 2008. The Senate companion, S. 428, was immediate consideration of H.R. 5778, ducing the Carbon Footprint of the passed by unanimous consent on Feb- which was received from the House. Capitol Complex. ruary 26, 2008. This bill would provide The PRESIDING OFFICER. The For further information regarding 911 service for Voice over Internet Pro- clerk will report the bill by title. this hearing, please contact Howard tocol, VoIP, subscribers. The assistant legislative clerk read Gantman at the Rules and Administra- I can think of few government initia- as follows: tion Committee, 224–6352. tives that have been as successful as A bill (H.R. 5778) to preserve the independ- 911. Since its creation nearly 30 years ence of the District of Columbia Water and f ago, 911 has become a lifeline for people Sewer Authority. in trouble. I think it is safe to say that There being no objection, the Senate just about every American today PRIVILEGES OF THE FLOOR proceeded to consider the bill. knows that 911 is the easiest and most Mr. WHITEHOUSE. I ask unanimous Mr. HARKIN. Mr. President, I ask effective means to contact emergency consent the bill be read three times, unanimous consent that Rodney Brown services. passed, and the motion to reconsider be and Caitlin Staebell of my staff be As technology has advanced, so has laid upon the table, with no inter- granted floor privileges for the dura- 911 service. Today, many places in the vening action or debate, and any state- tion of today’s session. Nation have E911. In these areas, when ments related to the bill be printed in The ACTING PRESIDENT pro tem- you call for help, your phone number the RECORD. pore. Without objection, it is so or- and location are automatically trans- The PRESIDING OFFICER. Without dered. mitted to emergency personnel. If your objection, it is so ordered.

VerDate Aug 31 2005 01:37 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JN6.030 S16JNPT1 wwoods2 on PRODPC68 with SENATE S5666 CONGRESSIONAL RECORD — SENATE June 16, 2008 The bill (H.R. 5778) was ordered to a ing Sam Cooke, Al Green, Elvis Presley, California, where he attended Lodi High third reading, was read the third time, Marvin Gaye, Aretha Franklin, Whitney School; and passed. Houston, Little Richard, Ray Charles, Buddy Whereas, after graduating from Stanford Holly, Alan Jackson, Dolly Parton, Mariah University in 1937 with a degree in economics f Carey, Bob Dylan, Randy Travis, and Glenn and business administration, Robert Campbell; Mondavi joined his father and younger GOSPEL MUSIC HERITAGE MONTH Whereas, regardless of their musical styles, brother Peter in running the Charles Krug Mr. WHITEHOUSE. I ask unanimous those artists and so many more have turned Winery in the Napa Valley of California; consent that the Senate proceed to the to gospel music as the source and inspiration Whereas Robert Mondavi left Krug Winery immediate consideration of S. Res. 595 for their music, which has blurred the bound- in 1965 to establish his own winery in the submitted earlier today by Senator aries between secular and gospel music; Napa Valley, and, in 1966, motivated by his Whereas, beyond its contribution to the vision that California could produce world- LINCOLN. musical tradition of the United States, gos- class wines, he founded the first major win- The PRESIDING OFFICER. The pel music has provided a cultural and musi- ery built in Napa Valley since Prohibition: clerk will report the resolution by cal backdrop across all of mainstream the Robert Mondavi Winery; title. media, from hit television series to major Whereas, in the late 1960s, the release of The assistant legislative clerk read Hollywood motion pictures, including the Robert Mondavi Winery’s Cabernet as follows: ‘‘American Idol’’, ‘‘Heroes’’, ‘‘Dancing with Sauvignon opened the eyes of the world to the Stars’’, ‘‘O Brother, Where Art Thou?’’, the potential of the Napa Valley region; A resolution (S. Res. 595) designating Sep- ‘‘Sister Act’’, ‘‘The Preacher’s Wife’’, ‘‘Evan Whereas Robert Mondavi introduced new tember 2008 as ‘‘Gospel Music Heritage Almighty’’, and more; and and innovative techniques of wine produc- Month’’ and honoring gospel music for its Whereas gospel music has a huge audience tion, such as the use of stainless steel tanks valuable and longstanding contributions to around the country and around the world, a to produce wines like his now-legendary the culture of the United States. testament to the universal appeal of a his- Fume´ Blanc; There being no objection, the Senate torical American art form that both inspires Whereas, as a tireless advocate for Cali- proceeded to consider the resolution. and entertains across racial, ethnic, reli- fornia wine and food, and the Napa Valley, Mr. WHITEHOUSE. I ask unanimous gious, and geographic boundaries: Now, Robert Mondavi was convinced that Cali- consent the resolution be agreed to, therefore, be it fornia wines could compete with established the preamble be agreed to, the motions Resolved, That the Senate— European brands, and his confidence in the to reconsider be laid upon the table, (1) designates September 2008 as ‘‘Gospel potential of Napa Valley wines was con- Music Heritage Month’’; and firmed in 1976 when California wines defeated with no intervening action or debate, (2) recognizes the great contributions to some well-known French vintages at the his- and any statements related to the reso- the culture of the United States derived from toric Paris Wine Tasting, or ‘‘Judgment of lution be printed in the RECORD. the rich heritage of gospel music and gospel Paris’’, wine competition; The PRESIDING OFFICER. Without music artists. Whereas, in the late 1970s, Robert Mondavi created the first French-American wine ven- objection, it is so ordered. f The resolution (S. Res. 595) was ture when he joined with Baron Philippe de agreed to. HONORING ROBERT MONDAVI Rothschild in creating the Opus One Winery The preamble was agreed to. in Oakville, which produced its first vintage Mr. WHITEHOUSE. Madam Presi- in 1979; The resolution, with its preamble, dent, I ask unanimous consent that the Whereas the success of the Robert Mondavi reads as follows: Judiciary Committee be discharged Winery, and the many international ven- S. RES. 595 from further consideration of S. Con. tures Robert Mondavi pursued, allowed him Whereas gospel music is a beloved art form Res. 84 and the Senate proceed to its to donate generously to various charitable unique to the United States, spanning dec- immediate consideration. causes, including the Robert Mondavi Insti- ades, generations, and races; The PRESIDING OFFICER. Without tute for Wine and Food Science and Robert Whereas gospel music is one of the corner- objection, it is so ordered. and Margrit Mondavi Center for the Per- stones of the musical tradition of the United forming Arts, both affiliated with the Uni- The clerk will report the concurrent versity of California, Davis, and the estab- States and has grown beyond its roots to resolution by title. achieve pop-culture and historical relevance; lishment of the American Center for Wine, Whereas gospel music has spread beyond The assistant legislative clerk read Food and the Arts; its geographic origins to touch audiences as follows: Whereas those who knew Robert Mondavi around the world; A concurrent resolution (S. Con. Res. 84) recognized him as a uniquely passionate and Whereas the history of gospel music can be honoring the memory of Robert Mondavi. brilliant man who took pride in promoting traced to multiple and diverse influences and causes that he held close to his heart; There being no objection, the Senate Whereas Robert Mondavi’s work as an am- foundations, including African-American proceeded to consider the concurrent spirituals that blended diverse elements bassador for wine will be remembered fondly from African music and melodic influences resolution. by all those whose lives he touched; and from Irish folk songs and hymns, and gospel Mr. WHITEHOUSE. I ask unanimous Whereas Robert Mondavi will be deeply music ultimately borrowed from uniquely consent that the concurrent resolution missed in the Napa Valley, in California, and American musical styles including ragtime, be agreed to, the preamble be agreed throughout the world: Now, therefore, be it jazz, and blues; to, the motions to reconsider be laid Resolved by the Senate (the House of Rep- Whereas that tradition of diversity re- upon the table, with no intervening ac- resentatives concurring), That Congress hon- mains today, as the influence of gospel music ors the life of Robert Mondavi, a true pioneer tion or debate, and any statements re- and a patriarch of the California wine indus- can be found infused in all forms of secular lated to the measure be printed in the music, including rock and roll, country, soul, try. RECORD. rhythm and blues, and countless other f styles; The PRESIDING OFFICER. Without Whereas the legacy of gospel music in- objection, it is so ordered. APPOINTMENT cludes some of the most memorable voices The concurrent resolution (S. Con. The PRESIDING OFFICER. The and musical pioneers in the history of the Res. 84) was agreed to. Chair, on behalf of the Vice President, United States, such as Thomas Dorsey, The preamble was agreed to. pursuant to Public Law 83–420, as Mahalia Jackson, James Vaughan, Roberta The concurrent resolution, with its amended by Public Law 99–371, ap- Martin, Virgil Stamps, Diana Washington, preamble, reads as follows: Stamps Quartet, The Highway QCs, The points the Senator from Ohio (Mr. Statesmen, The Soul Stirrers, Point of S. CON. RES. 84 BROWN) to the Board of Trustees of Grace, Smokie Norful, Terry Woods, James Whereas Robert Mondavi, a much-loved Gallaudet University. Cleveland, Billy Ray Hearns, Rex Humbard, and admired man of many talents, passed f Joe Ligon and The Mighty Clouds of Joy, away on May 16, 2008, at the age of 94; Kirk Franklin, V. Michael McKay, Theola Whereas Robert Mondavi will be fondly and ORDERS FOR TUESDAY, JUNE 17, Booker, Yolanda Adams, Edwin and Walter most famously remembered for his work in 2008 Hawkins, Sandi Patty, The Winans, Kathy producing and promoting California wines on Mr. WHITEHOUSE. Madam Presi- Taylor, and Brenda Waters, Carl Preacher, an international scale; and Shirley Joiner of B, C & S; Whereas Robert Gerald Mondavi was born dent, I ask unanimous consent that Whereas many of the biggest names in to Italian immigrant parents, Cesare and when the Senate completes its business music emerged from the gospel music tradi- Rosa, on June 18, 1913, in Virginia, Min- today, it stand adjourned until 10 a.m., tion or have recorded gospel music, includ- nesota, and his family later moved to Lodi, Tuesday, June 17; that following the

VerDate Aug 31 2005 00:43 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JN6.027 S16JNPT1 wwoods2 on PRODPC68 with SENATE June 16, 2008 CONGRESSIONAL RECORD — SENATE S5667 prayer and pledge, the Journal of pro- COLONEL WARD K. JOHNSON III ROGER E. WILLIAMS, JR. COLONEL DANIEL R. KERN MICHAEL WOODARD ceedings be approved to date, the COLONEL LOUIS J. LANDRETH MARK JOHN ZECHMAN morning hour be deemed expired, the COLONEL MARTIN A. LEPPERT COLONEL HARRY E. MILLER, JR. IN THE ARMY time for the two leaders be reserved for COLONEL RAFAEL O FERRALL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT their use later in the day, the Senate COLONEL RENWICK L. PAYNE AS PERMANENT PROFESSOR AT THE UNITED STATES COLONEL KENDALL W. PENN MILITARY ACADEMY IN THE GRADE INDICATED UNDER proceed to a period of morning business COLONEL JOSEPH M. RICHIE TITLE 10, U.S.C., SECTION 4333(B) AND 4336(A): for up to 1 hour, with Senators per- COLONEL WILLIAM F. ROY COLONEL WILLIAM L. SEEKINS To be colonel mitted to speak for up to 10 minutes COLONEL NORMAN E. STEEN DAISIE D. BOETTNER COLONEL LARRY W. TRIPHAHN each, with the time equally divided and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT controlled between the two leaders or IN THE MARINE CORPS TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: their designees, with the Republicans THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE OF LIEUTENANT GENERAL IN THE To be colonel controlling the first half and the ma- UNITED STATES MARINE CORPS WHILE ASSIGNED TO A jority controlling the second half; that POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER THOMAS C. POWELL following morning business, the Senate TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED ARMY NATIONAL GUARD OF To be lieutenant general THE UNITED STATES OFFICER FOR APPOINTMENT TO resume consideration of the motion to THE GRADE INDICATED IN THE RESERVE OF THE ARMY proceed to H.R. 6049, the Renewable MAJ. GEN. JOHN R. ALLEN UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Energy and Job Creation Act, and the IN THE AIR FORCE To be colonel time until 12:30 p.m. be equally divided THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE JOHN M. ANDERSON between the two leaders or their des- UNITED STATES OFFICERS FOR APPOINTMENT TO THE THE FOLLOWING NAMED ARMY NATIONAL GUARD OF GRADE INDICATED IN THE RESERVE OF THE AIR FORCE THE UNITED STATES OFFICER FOR APPOINTMENT TO ignees. I further ask that the Senate UNDER TITLE 10, U.S.C, SECTIONS 12203 AND 12212: THE GRADE INDICATED IN THE RESERVE OF THE ARMY recess from 12:30 until 2:15 p.m. to To be colonel UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be colonel allow for the weekly caucus luncheons JAMES D. BARBER, JR. to meet. AARON W. BARRICK ROWELL A. STANLEY, JR. The PRESIDING OFFICER. Without JULIO R. BARRON THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ROBERT L. BELL THE UNITED STATES OFFICERS FOR APPOINTMENT TO objection, it is so ordered. MICHAEL T. BIENIEWICZ THE GRADE INDICATED IN THE RESERVE OF THE ARMY IAN P. BIGGINS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: f DAVID A. BRADLEY ROBERT DOUGLAS BRAZEL To be colonel PROGRAM GREGORY F. BREDEMEIER JEFFREY D. BUCKLEY MICHAEL E. DUNN Mr. WHITEHOUSE. Madam Presi- CHRISTINE M. BURCKLE KEVIN J. MURPHY STEPHEN R. CARR THE FOLLOWING NAMED ARMY NATIONAL GUARD OF dent, under a previous order, at 2:15 to- DARWIN L. CRAIG THE UNITED STATES OFFICERS FOR APPOINTMENT TO morrow, the Senate will proceed to a ZONNA M. CRAYNE THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: cloture vote on the motion to proceed PERRY S. CUBETA THOMAS B. CUCCHI To be colonel to H.R. 6049, the Renewable Energy and TAMHRA L. CUSUMANO ADAM J. DABROWSKI TODD D. KOSTELECKY Job Creation Act. JOHN B. DANIEL LEESA J. PAPIER DAVID A. DEAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f DAVID E. DEPUTY TO THE GRADE INDICATED IN THE UNITED STATES ARMY FRANCIS N. DETORIE MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- ADJOURNMENT UNTIL 10 A.M. JOHN J. DICKINSON TIONS 624 AND 3064: TOMORROW PENNY J. DIERYCK PRESTON L. EATMAN To be major Mr. WHITEHOUSE. If there is no fur- CALVIN H. ELAM DEON A. FORD CHRISTOPHER C. EVERITT ther business to come before the Sen- KERRY M. GENTRY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ate, I ask unanimous consent that it RICKY D. GIBNEY TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANDREW E. HALTER UNDER TITLE 10, U.S.C., SECTION 624: stand adjourned under the previous PAUL J. HARGROVE To be major order. TIMOTHY J. HARMESON DENNIS B. HAYWARD DENNIS P. COLLINS There being no objection, the Senate, ROBERT M. HICKS at 5:54 p.m., adjourned until Tuesday, MICHAEL J. HOWARD THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR MICHAEL A. HUDSON APPOINTMENT TO THE GRADE INDICATED IN THE June 17, 2008, at 10 a.m. THEODORE K. INOUYE UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, SHEILA R. JIMENEZ U.S.C., SECTIONS 531 AND 3064: f DAVID E. JOHNS To be major JAMES T. JOHNSON NOMINATIONS LOREN J. JOHNSON CHRISTOPHER W. BAKER PATRICK M. JONES ROBERTY P. BEJNAROWICZ Executive nominations received by RONALD G. KESSINGER MARK C. GUERDAN KEVIN D. KING JOSEPH J. HUDAK the Senate: MARSHALL L. KJELVIK MARK Y. LEE DEPARTMENT OF STATE THOMAS E. KOERTGE CHRISTINA M. LONG JAMES R. KRIESEL JAMES CHRISTOPHER SWAN, OF CALIFORNIA, A CA- THEODORE HAROLD LIMPERT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REER MEMBER OF THE SENIOR FOREIGN SERVICE, MARK M. MALMBERG TO THE GRADE INDICATED IN THE UNITED STATES ARMY CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- TIMOTHY D. MARSANO AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MICHAEL A. MAYO 3064: OF AMERICA TO THE REPUBLIC OF DJIBOUTI. GARY A. MCCUE To be lieutenant colonel MICHELE JEANNE SISON, OF MARYLAND, A CAREER BRADLEY N. MCREE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF LAWRENCE J. MCWHERTER ERIC J. ALBERTSON MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- THOMAS H. MORA JAMES L. BRISSON, JR. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES BARBARA C. MORROW CLAUDE A. CRISP OF AMERICA TO THE REPUBLIC OF LEBANON. JAMES R. NELSON JAMES E. DUKE KELLY G. NOLER SAMUEL K. GODFREY IN THE ARMY ERIC D. OSTREM KEITH N. GOODE THE FOLLOWING ARMY NATIONAL GUARD OF THE WILLIAM T. PALLEN WILLIAM GREEN, JR. UNITED STATES OFFICERS FOR APPOINTMENT IN THE SCOTT E. PATTEN SCOTT A. HAMMOND RESERVE OF THE ARMY TO THE GRADES INDICATED RONALD E. PAUL JUDITH A. HAMRICK UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JAY A. PENO KENNETH J. HANCOCK HOWARD P. PURCELL JEFFREY D. HAWKINS To be major general RICHARD M. ROBICHAUD ROBERT J. HEARN CHARLES R. RODKE JON N. HOLLENBECK BRIGADIER GENERAL TIMOTHY E. ALBERTSON JEFFERY S. ROOKS SCOTT F. JONES BRIGADIER GENERAL NORMAN E. ARFLACK JOHN P. RUSSO STEVEN M. JONES BRIGADIER GENERAL TOD J. CARMONY DANNY M. SAD JOHN L. KALLERSON BRIGADIER GENERAL WILLIAM L. ENYART, JR. SAMI D. SAID MARK R. KNOX BRIGADIER GENERAL DENNIS E. JACOBSON MATTHEW B. SMITH ROBERT P. LASLEY BRIGADIER GENERAL KEVIN R. MCBRIDE WILLIAM L. SPARROW KEVIN M. LEIDERITZ BRIGADIER GENERAL OLIN O. OEDEKOVEN CHRISTINA G. STEVENS TIMOTHY S. MALLARD To be brigadier general RANDALL E. STRAKA HAROLD B. MESSINGER PETER F. SULLIVAN, JR. DAVID P. MIKKELSON COLONEL DEAN W. BROWN MICHAEL R. TAHERI ABDUL R. MUHAMMAD COLONEL ANNETTE M. DENNER PETER TUNISON BRENT A. NELSON COLONEL DAVID B. ENYEART STERLING D. UNDERHILL CHARLES R. OWEN III COLONEL CHARLES H. GAILES, JR. STEVEN WABROWETZ MATTHEW P. PAWLIKOWSKI COLONEL JAMES R. GORHAM CURTIS A. WAITE ROBERT E. PHILLIPS COLONEL JAMES J. GRANT GREGORY N. WALTERS JOHN A. ROUTZAHN, JR. COLONEL EARNEST L. HARRINGTON, JR. RALPH L. WARREN JOEL L. RUSSELL COLONEL WAYNE M. HAYES MARK H. WHITE JERZY RZASOWSKI COLONEL REYNOLD N. HOOVER SCOTT R. WIGGINS WILLIAM A. SAGER

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CLYDE E. SCOTT RICHARD H. HARNEY JOHN J. SWINCINSKI WILLIAM E. SHEFFIELD DAVID A. JOHNSON BLAINE E. SMREKAR KEVIN R. KORPINEN IN THE NAVY DAVID G. SNYDER DAWN A. LOISEL THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- SCOTT A. STERLING MATTHEW MESTEMAKER MENT IN THE GRADE INDICATED IN THE UNITED STATES KEVIN P. STROOP JOHN I. NINDL II NAVY UNDER TITLE 10, U.S.C., SECTION 531: MARK E. THOMPSON THOMAS H. PRESECAN GREGORY O. TYREE ALAN R. SINGLETON II To be lieutenant commander JEFFREY L. VOYLES GREGORY B. WALKER THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- PAUL E. LEVY KEVIN B. WESTON POINTMENT IN THE GRADE INDICATED IN THE UNITED THE FOLLOWING NAMED INDIVIDUAL FOR APPOINTMENT JEFFREY L. ZUST STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION IN THE GRADE INDICATED IN THE U.S. NAVY UNDER 531: TITLE 10, U.S.C., SECTION 531: IN THE MARINE CORPS To be major To be lieutenant commander THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- JOSEPH R. CORNELL POINTMENT IN THE GRADE INDICATED IN THE UNITED ROBERT N. LADD MICHAELA C. COUGHLIN STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION JOHN F. DASTOLI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT 531: MICHAEL L. FITTS TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be major JONATHAN M. HINCKLEY UNDER TITLE 10, U.S.C., SECTION 624: DEWAN M. KELLEY To be lieutenant commander JOHN E. BILAS WILSON S. LEECH III BRYAN J. BOYLE TERENCE F. MORONEY RAMON J. BERROCAL CHRISTIAN T. DEVINE MICHAEL A. STOLZENBURG BRIAN A. MERRITT

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SENATE COMMITTEE MEETINGS ergy, and reducing the carbon footprint Homeland Security and Governmental Af- of the Capitol complex. fairs Title IV of Senate Resolution 4, SR–301 Oversight of Government Management, the agreed to by the Senate on February 4, 10:30 a.m. Federal Workforce, and the District of 1977, calls for establishment of a sys- Aging Columbia Subcommittee tem for a computerized schedule of all Judiciary To hold hearings to examine manage- meetings and hearings of Senate com- Antitrust, Competition Policy and Con- ment challenges facing the Federal mittees, subcommittees, joint commit- sumer Rights Subcommittee Protective Service, focusing on a re- tees, and committees of conference. To hold joint hearings to examine S. cent report from the Government Ac- This title requires all such committees 2838, to amend chapter 1 of title 9 of countability Office. to notify the Office of the Senate Daily United States Code with respect to ar- SD–342 bitration. 2:15 p.m. Digest—designated by the Rules Com- SD–226 Foreign Relations mittee—of the time, place, and purpose 11 a.m. To hold hearings to examine pending of the meetings, when scheduled, and Appropriations nominations. any cancellations or changes in the Homeland Security Subcommittee SD–419 meetings as they occur. Business meeting to markup proposed 2:30 p.m. As an additional procedure along budget estimates for fiscal year 2009 for Banking, Housing, and Urban Affairs with the computerization of this infor- the Department of Homeland Security. S–127, Capitol Securities, Insurance and Investment Sub- mation, the Office of the Senate Daily committee Digest will prepare this information for 12:15 p.m. Armed Services To hold hearings to examine risk man- printing in the Extensions of Remarks To receive a closed briefing on the report agement, focusing on its implications section of the CONGRESSIONAL RECORD titled ‘‘Investigation into the Ship- for systemic risk. on Monday and Wednesday of each ment of Sensitive Missile Components SD–538 week. to Taiwan,’’ also known as the ‘‘Donald Intelligence Meetings scheduled for Tuesday, Report’’. To hold closed hearings to examine cer- June 17, 2008 may be found in the Daily S–407, Capitol tain intelligence matters. Digest of today’s RECORD. 2 p.m. SH–219 Energy and Natural Resources MEETINGS SCHEDULED To hold hearings to examine the pre- JUNE 20 paredness of federal land management 10 a.m. JUNE 18 agencies for the 2008 wildfire season. Homeland Security and Governmental Af- 10 a.m. SD–366 fairs Appropriations To hold hearings to examine the nomina- JUNE 19 Commerce, Justice, Science, and Related tion of Elaine C. Duke, of Virginia, to Agencies Subcommittee 9:30 a.m. be Under Secretary for Management, Business meeting to markup proposed Indian Affairs Department of Homeland Security. budget estimates for fiscal year 2009 for Business meeting to consider pending SD–342 Commerce, Justice, Science, and re- calendar legislation; to be immediately lated agencies. followed by a hearing to examine an JUNE 24 SD–192 original bill to address law and order in Commerce, Science, and Transportation Indian country. 10:30 a.m. To hold hearings to examine privacy im- SD–562 Commerce, Science, and Transportation plications of online advertising. 10 a.m. To hold hearings to examine climate SR–253 Health, Education, Labor, and Pensions change impacts on the transportation Finance Employment and Workplace Safety Sub- sector. Business meeting to consider S.J. Res. committee SR–253 38, waiving certain provisions of the To hold hearings to examine the efficacy Judiciary Trade Act of 1974 relating to the ap- of the Mine Improvement and New Human Rights and the Law Subcommittee pointment of a Deputy United States Emergency Response Act (MINER) To hold hearings to examine from Nur- Trade Representative, an original bill (Public Law 109–236), focusing on a two emberg to Darfur, focusing on account- entitled ‘‘the Iran Sanctions of 2008’’, year review. ability for crimes against humanity. and the nominations of Richard T. SD–430 SD–226 Morrison, David Gustafson, both of Vir- Commerce, Science, and Transportation 2:30 p.m. ginia, and Elizabeth Crewson Paris, of Surface Transportation and Merchant Ma- Commerce, Science, and Transportation the District of Columbia, each to be a rine Infrastructure, Safety and Secu- Business meeting to consider pending Judge of the United States Tax Court, rity Subcommittee calendar business. Eric M. Thorson, of Virginia, to be In- To hold hearings to examine cruise ship spector General, Department of the safety, focusing on potential steps for SR–253 Treasury, Edwin Eck, of Montana, to keeping Americans safe at sea. be a Member of the Internal Revenue SR–253 JUNE 25 Service Oversight Board, and Deanna Joint Economic Committee 9:30 a.m. Tanner Okun, of Idaho, to be a Deputy To hold hearings to examine the cost of Judiciary United States Trade Representative, the United States drug policy. Constitution Subcommittee with the rank of Ambassador, Execu- SD–106 To hold hearings to examine laptop tive Office of the President. 2 p.m. searches and other violations of pri- SD–215 Appropriations vacy faced by Americans returning Homeland Security and Governmental Af- Business meeting to markup approval of from overseas travel. fairs fiscal year 2009 302(b) allocations, an SD–226 To hold hearings to examine protecting original bill making appropriations for personal information, focusing on steps the Department of Homeland Security JUNE 26 the federal government has in place. for the fiscal year ending September 30, SD–342 2009, and an original bill making appro- 9:30 a.m. Rules and Administration priations for Commerce, Justice, Veterans’ Affairs To hold hearings to examine improving Science, and related agencies for the Business meeting to markup pending cal- energy efficiency, focusing on increas- fiscal year ending September 30, 2009. endar business. ing the use of renewable sources of en- SD–106 SR–418

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

VerDate Aug 31 2005 01:08 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M16JN8.000 E16JNPT1 erowe on PROD1PC71 with REMARKS Monday, June 16, 2008 Daily Digest Senate an amendment in the nature of a substitute. (S. Chamber Action Rept. No. 110–355) Routine Proceedings, pages S5639–S5668 S. 900, to authorize the Boy Scouts of America to Measures Introduced: Five bills and one resolution exchange certain land in the State of Utah acquired were introduced, as follows: S. 3136–3140, and S. under the Recreation and Public Purposes Act, with Res. 595. Page S5657 an amendment. (S. Rept. No. 110–356) Measures Reported: S. 1281, to amend the Wild and Scenic Rivers S. 570, to designate additional National Forest Act to designate certain rivers and streams of the System lands in the State of Virginia as wilderness headwaters of the Snake River System as additions to or a wilderness study area, to designate the the National Wild and Scenic Rivers System, with Kimberling Creek Potential Wilderness Area for an amendment in the nature of a substitute. (S. eventual incorporation in the Kimberling Creek Rept. No. 110–357) Wilderness, to establish the Seng Mountain and Bear S. 1380, to designate as wilderness certain land Creek Scenic Areas, to provide for the development within the Rocky Mountain National Park and to of trail plans for the wilderness areas and scenic adjust the boundaries of the Indian Peaks Wilderness areas, with an amendment in the nature of a sub- and the Arapaho National Recreation Area of the stitute. (S. Rept. No. 110–349) Arapaho National Forest in the State of Colorado, S. 617, to make the National Parks and Federal with an amendment in the nature of a substitute. (S. Recreational Lands Pass available at a discount to Rept. No. 110–358) certain veterans, with an amendment in the nature S. 1633, to authorize the Secretary of the Interior of a substitute. (S. Rept. No. 110–350) to conduct a special resource study to determine the S. 662, to authorize the Secretary of the Interior suitability and feasibility of including the battlefield to conduct a special resource study to evaluate re- and related sites of the Battle of Shepherdstown in sources at the Harriet Beecher Stowe House in Shepherdstown, West Virginia, as part of Harpers Brunswick, Maine, to determine the suitability and Ferry National Historical Park or Antietam National feasibility of establishing the site as a unit of the Battlefield, with an amendment. (S. Rept. No. National Park System, with an amendment in the 110–359) nature of a substitute. (S. Rept. No. 110–351) S. 1929, to authorize the Secretary of the Interior, S. 783, to adjust the boundary of the Barataria acting through the Commissioner of Reclamation, to Preserve Unit of the Jean Lafitte National Historical conduct a feasibility study of water augmentation al- Park and Preserve in the State of Louisiana, with an ternatives in the Sierra Vista Subwatershed. (S. Rept. amendment in the nature of a substitute. (S. Rept. No. 110–360) No. 110–352) S. 2124, to direct the Secretary of Agriculture to S. 827, to establish the Freedom’s Way National convey certain land in the Beaverhead-Deerlodge Na- Heritage Area in the States of Massachusetts and tional Forest, Montana, to Jefferson County, Mon- New Hampshire, with an amendment in the nature tana, for use as a cemetery. (S. Rept. No. 110–361) of a substitute. (S. Rept. No. 110–353) S. 2207, to direct the Secretary of the Interior to S. 832, to provide for the sale of approximately 25 study the suitability and feasibility of designating acres of public land to the Turnabout Ranch, Green McAdoo School in Clinton, Tennessee, as a Escalante, Utah, at fair market value, with amend- unit of the National Park System, with an amend- ments. (S. Rept. No. 110–354) ment in the nature of a substitute. (S. Rept. No. S. 868, to amend the Wild and Scenic Rivers Act 110–362) to designate segments of the Taunton River in the S. 2229, to withdraw certain Federal land in the Commonwealth of Massachusetts as a component of Wyoming Range from leasing and provide an oppor- the National Wild and Scenic Rivers System, with tunity to retire certain leases in the Wyoming D747

VerDate Aug 31 2005 01:22 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JN8.REC D16JNPT1 erowe on PROD1PC71 with DIGEST D748 CONGRESSIONAL RECORD — DAILY DIGEST June 16, 2008 Range, with an amendment in the nature of a sub- and for other purposes, with an amendment in the stitute. (S. Rept. No. 110–363) nature of a substitute. (S. Rept. No. 110–376) S. 2254, to establish the Mississippi Hills Na- H.R. 356, to remove certain restrictions on the tional Heritage Area in the State of Mississippi, with Mammoth Community Water District’s ability to an amendment in the nature of a substitute. (S. use certain property acquired by that District from Rept. No. 110–364) the United States, with an amendment in the nature S. 2262, to authorize the Preserve America Pro- of a substitute. (S. Rept. No. 110–377) gram and Save America’s Treasures Program, with an H.R. 523, to require the Secretary of the Interior amendment in the nature of a substitute. (S. Rept. to convey certain public land located wholly or par- No. 110–365) tially within the boundaries of the Wells Hydro- S. 2370, to clear title to certain real property in electric Project of Public Utility District No. 1 of New Mexico associated with the Middle Rio Grande Douglas County, Washington, to the utility district. Project, with an amendment. (S. Rept. No. (S. Rept. No. 110–378) 110–366) H.R. 1285, to provide for the conveyance of a S. 2379, to authorize the Secretary of the Interior parcel of National Forest System land in Kittitas to cancel certain grazing leases on land in Cascade- County, Washington, to facilitate the construction of Siskiyou National Monument that are voluntarily a new fire and rescue station. (S. Rept. No. waived by the lessees, to provide for the exchange of 110–379) certain Monument land in exchange for private land, H.R. 1311, To provide for the conveyance of the to designate certain Monument land as wilderness, Alta-Hualapai Site to the Nevada Cancer Institute. with an amendment in the nature of a substitute. (S. (S. Rept. No. 110–380) Rept. No. 110–367) H.R. 1483, to amend the Omnibus Parks and S. 2512, to establish the Mississippi Delta Na- Public Lands Management Act of 1996 to extend tional Heritage Area in the State of Mississippi, with the authorization for certain national heritage areas, an amendment in the nature of a substitute. (S. with an amendment in the nature of a substitute. (S. Rept. No. 110–368) Rept. No. 110–381) S. 2513, to modify the boundary of the Minute H.R. 1528, to amend the National Trails System Man National Historical Park. (S. Rept. No. Act to designate the New England National Scenic 110–369) Trail, with an amendment in the nature of a sub- S. 2593, to establish a program at the Forest Serv- stitute. (S. Rept. No. 110–382) ice and the Department of the Interior to carry out H.R. 1725, to amend the Reclamation Waste- collaborative ecological restoration treatments for water and Groundwater Study and Facilities Act to priority forest landscapes on public land, with an authorize the Secretary of the Interior to participate amendment in the nature of a substitute. (S. Rept. in the Rancho California Water District Southern No. 110–370) Riverside County Recycled Non-Potable Distribution S. 2604, to establish the Baltimore National Her- Facilities and Demineralization Desalination Recy- itage Area in the State of Maryland, with an amend- cled Water Treatment and Reclamation Facility ment in the nature of a substitute. (S. Rept. No. Project, with an amendment. (S. Rept. No. 110–371) 110–383) S. 2804, to adjust the boundary of the Everglades H.R. 1855, to authorize the Secretary of the Inte- National Park, with an amendment in the nature of rior, acting through the Bureau of Reclamation to a substitute. (S. Rept. No. 110–372) enter into a cooperative agreement with the Madera S. 2814, to authorize the Secretary of the Interior Irrigation District for purposes of supporting the to provide financial assistance to the Eastern New Madera Water Supply Enhancement Project. (S. Mexico Rural Water Authority for the planning, de- Rept. No. 110–384) sign, and construction of the Eastern New Mexico H.R. 2085, to authorize the Secretary of the Inte- Rural Water System. (S. Rept. No. 110–373) rior to convey to the McGee Creek Authority certain S. 2833, to provide for the management of certain facilities of the McGee Creek Project, Oklahoma. (S. public land in Owyhee County, Idaho, with an Rept. No. 110–385) amendment in the nature of a substitute. (S. Rept. H.R. 2197, to modify the boundary of the Hope- No. 110–374) well Culture National Historical Park in the State of H.R. 123, to authorize appropriations for the San Ohio. (S. Rept. No. 110–386) Gabriel Basin Restoration Fund. (S. Rept. No. H.R. 2515, to authorize appropriations for the 110–375) Bureau of Reclamation to carry out the Lower Colo- H.R. 189, to establish the Paterson Great Falls rado River Multi-Species Conservation Program in National Historical Park in the State of New Jersey the States of Arizona, California, and Nevada, with

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VerDate Aug 31 2005 01:22 Jun 17, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JN8.REC D16JNPT1 erowe on PROD1PC71 with DIGEST D750 CONGRESSIONAL RECORD — DAILY DIGEST June 16, 2008 Privileges of the Floor: Page S5665 Committee Meetings Adjournment: Senate convened at 2 p.m. and ad- journed at 5:54 p.m., until 10 a.m. on Tuesday, (Committees not listed did not meet) June 17, 2008. (For Senate’s program, see the re- marks of the Acting Majority Leader in today’s No committee meetings were held. Record on pages S5666–67.) h House of Representatives tional Trails System Act to designate the Pacific North- Chamber Action west National Scenic Trail, S. 3017, to designate the Bea- The House was not in session today. The House ver Basin Wilderness at Pictured Rocks National Lake- is scheduled to meet at 12:30 p.m. on Tuesday, June shore in the State of Michigan, S. 3010, to reauthorize 17, 2008. the Route 66 Corridor Preservation Program, S. 3045, to establish the Kenai Mountains-Turnagain Arm National Committee Meetings Forest Heritage Area in the State of Alaska, H.R. 1143, No committee meetings were held. to authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and S. 3096, to f amend the National Cave and Karst Research Institute COMMITTEE MEETINGS FOR TUESDAY, Act of 1998 to authorize appropriations for the National JUNE 17, 2008 Cave and Karst Research Institute, 2:30 p.m., SD–366. Committee on Finance: to hold hearings to examine the (Committee meetings are open unless otherwise indicated) future of the United States economy, focusing on long Senate run deficits and debt, 10 a.m., SD–215. Committee on Foreign Relations: Subcommittee on Inter- Committee on Agriculture, Nutrition, and Forestry: with the national Development and Foreign Assistance, Economic Committee on Appropriations, Subcommittee on Finan- Affairs and International Environmental Protection, to cial Services and General Government, to hold joint hear- hold hearings to examine international disaster assistance, ings to examine the role, responsibilities, and resource focusing on policy options, 2:15 p.m., SD–419. needs of the Commodity Futures Trading Commission on Full Committee, to receive a closed briefing on Russia, oversight of futures and derivatives markets in energy and Iran, and U.S.-Russian nuclear cooperation, 4:30 p.m., agriculture, 10:30 a.m., SD–192. S–407, Capitol. Committee on Appropriations: Subcommittee on Financial Committee on the Judiciary: to hold hearings to examine Services and General Government, with the Committee protecting consumers by protecting intellectual property, on Agriculture, Nutrition, and Forestry, to hold joint 10 a.m., SD–226. hearings to examine the role, responsibilities, and resource Full Committee, to hold hearings to examine ways to needs of the Commodity Futures Trading Commission on respond to the growing need for federal judgeships, focus- oversight of futures and derivatives markets in energy and ing on ‘‘The Federal Judgeship Act of 2008’’, 2:30 p.m., agriculture, 10:30 a.m., SD–192. SD–226. Committee on Armed Services: to hold hearings to examine the origins of aggressive interrogation techniques, focus- House ing on Part I of the Committee’s inquiry into the treat- ment of detainees in U.S. custody, 9:30 a.m., SD–106. Committee on Appropriations, Subcommittee on Energy Committee on Energy and Natural Resources: to hold hear- and Water Development, and Related Agencies, to mark ings to examine the challenges and regional solutions to up Energy and Water Development and Related Agencies developing transmission for renewable electricity re- Appropriations for Fiscal Year 2009, 5:30 p.m., 2362B sources, 10 a.m., SD–366. Rayburn. Subcommittee on National Parks, to hold hearings to Subcommittee on Financial Services, and General Gov- examine S. 1774, to designate the John Krebs Wilderness ernment, to mark up Financial Services and General Gov- in the State of California, to add certain land to the Se- ernment Appropriations for Fiscal Year 2009, 4 p.m., quoia-Kings Canyon National Park Wilderness, S. 2255, 2358A Rayburn. to amend the National Trails System Act to provide for Committee on the Judiciary, hearing on Ensuring Legal studies of the Chisholm Trail and Great Western Trail to Redress for American Victims of State-Sponsored Ter- determine whether to add the trails to the National Trails rorism, 2 p.m., 2141 Rayburn. System, S. 2359, to establish the St. Augustine 450th Committee on Rules, to consider the following: H.R. Commemoration Commission, S. 2943, to amend the Na- 5781, Federal Employees Paid Parental Leave Act of

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2008; and H.R. 5876, Stop Child Abuse in Residential of children, focusing on strengthening international law Programs for Teens Act of 2008, 5 p.m., H–313 Capitol. enforcement cooperation, 3 p.m., B318, Rayburn Build- Joint Meetings ing. Commission on Security and Cooperation in Europe: to hold hearings to examine combating sexual exploitation

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, June 17 12:30 p.m., Tuesday, June 17

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: To be announced. morning business (not to extend beyond 60 minutes), Senate will continue consideration of the motion to pro- ceed to consideration of H.R. 6049, Energy and Tax Ex- tenders Act, and vote on the motion to invoke cloture at approximately 2:15 p.m. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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